House to Vote on Federal Cannabis Legalization For the First Time
The house, which is currently under Democratic control, will vote on legalizing cannabis at the federal level for the first time in history. The house would vote on the act during the week of September 21st. The bill, which is sponsored by Jerry Nadler (D-N.Y), would remove cannabis from the list of controlled substances at the federal level while expunging some cannabis-related criminal records. It would still be up to each state to determine the regulations for cannabis sales. The bill is expected to pass in the house but fail in the Republican-controlled senate.
Marijuana is currently regulated by a patchwork of laws at the state and federal levels, and Goers said legalization at the federal level would add “normalization” for businesses and states by legalizing marijuana at the federal level.
An overwhelming majority (91%) of Americans support the legalization of medical or recreational cannabis usage. A majority (59%) of Americans support both recreational and medical usage, whereas 32% think it should only be legal for medical purposes. While the results vary within the major political parties, a majority of both republicans and democrats support legalization.
Over the course of their presidencies, both Obama and Trump declined to enforce federal prohibitions against states that made cannabis legal for both recreational and medicinal use. While in office, Obama supported cannabis decriminalization but not legalization. Trump has said that he respects each state’s decision on whether or not to legalize cannabis.
Current democratic nominee and former vice president Joe Biden supports the decriminalization of cannabis, as well as the expunging of criminal records for cannabis usage but has not come out in support of legalization.
The varying laws between state and federal levels can make business for cannabis dispensaries and other related businesses complicated. In some cases, banks will not work with dispensaries due to federal regulations, making dispensaries cash only and more vulnerable to theft. Legalizing cannabis at the federal level would hopefully make it easier for cannabis businesses to operate.
Having a Medical Marijuana Card Disqualifies You From Gun Ownership, Says Federal Appeals Court
The 9th Circuit Court of Appeals ruled last Wednesday that a ban prohibiting individuals with medical marijuana cards from purchasing firearms does not infringe on their second amendment rights. The ruling is a response to a lawsuit filed by a Nevada resident S. Rowan Wilson in 2011 after she was unable to purchase a weapon for self-defense due to a federal ban on the sale of firearms to illegal drug users. Wilson claims she obtained the card as a gesture of support for marijuana legalization. Chaz Rainey her attorney and plans to appeal the decision.
We live in a world where having a medical marijuana card is enough to say you don’t get a gun, but if you’re on the no fly list your constitutional right is still protected…”
The initial lawsuit was filed in Nevada back in 2011, more than a decade after Nevada decriminalized marijuana and legalized medical marijuana.
The 9th Circuit Court and States Law
This ruling calls to attention some major issues with marijuana regulation in the United States. The court that served this verdict has jurisdiction over the western half of the United States, a region that accounts for roughly 20% of the country’s population. It’s also which contains more than half of the states that allow recreational marijuana. In fact, the only district overseen by the 9th court without any marijuana legalization is Idaho.
Those laws are in conflict with the federal government’s stance on marijuana, though that attitude might be loosening now that it’s clear marijuana is big business. After all, the FDA approved the first marijuana-based medication earlier this year. Does that mean nationwide medical marijuana is coming? Or do certain businesses get the special treatment?
What’s The Call Here
So what takes precedence here? Should a person using marijuana legally as a medication be prohibited from purchasing a firearm? Do we apply those laws to those on prescription medications? The recent opioid crisis suggests that marijuana may actually be the lesser of two evils. Public opinion is overwhelmingly in favor of legalized medical marijuana. What does that look like in America, and when do we get to see it?
Right now, that looks like a lot of confusion. The likelihood that things will work out for you seems to depend on who you ask and who you are. People of color are unfairly targeted for non-violent drug offenses. Meanwhile, GW Pharmaceuticals has received approval to sell marijuana-based medication while the U.S. Attorney General, Jeff Sessions, continues to promise nationwide crackdowns.
When Trudeau’s Liberal Party was elected in 2015 he ran on a promise to legalize marijuana. Canada is about to realize that promise. The South American nation of Uruguay was the first and only to fully legalize cannabis. Uruguay legalized marijuana in 2013, and now Canada will be the second nation to do so, and the first wealthy nation to do it. The Senate approved Bill C-45, also known as the Cannabis Act, on June 18th.
We will legalize, regulate, and restrict access to marijuana. Canada’s current system of marijuana prohibition does not work. It does not prevent young people from using marijuana and too many Canadians end up with criminal records for possessing small amounts of the drug.” – Canada’s Liberal Party
The new law will go into effect on October 17, 2018. The bill legalizes marijuana possession, growing cannabis, and selling it to adults. The federal government will still enforce remaining criminal sanctions like selling to minors and the licensing of cannabis production, and provincial governments will oversee sales, distribution, and other related regulations. This means that provinces will be able to impose stricter rules, like raising the minimum age.
Nine states in the US so far have legalized marijuana for recreational use and 29 states allow cannabis for medicinal use.
The United Nations’ international drug treaties explicitly ban legalizing marijuana, so will be in violation of international law. The US is still considered to be in accordance with the treaties because federal law still prohibits cannabis.
Canada’s decision to end cannabis criminalization should come as no surprise. Canadian marijuana policy has been at odds with the United States’ policies for decades. Canadians allowed commercial cultivation of industrial hemp, species of marijuana that possesses zero psychoactivity, two decades ago. Canada also controls a federally licensed medical cannabis production and distribution program, a program that has been in place since 2001. In the U.S. federal law makes no legal distinction between marijuana and hemp.
Like in Canada, voters in the U.S. also endorse cannabis legalization. According to polling data reported last week, 68 percent of registered voters “support the legalization of marijuana.” That is the highest percentage ever recorded in a nationwide, scientific survey. The support is mostly non-partisan. The poll showed that 77 percent of Democrats, 62 percent of independents, and 57 percent of Republicans want federal legalization.
On Monday (1/22) Vermont became the ninth U.S. state to legalize recreational marijuana use on Monday. Republican Governor Phil Scott signed a bill passed by the legislature earlier this month,
Today, with mixed emotions, I have signed H. 511.”
The law legalizes marijuana possession of up to 1 ounce, two mature plants, and up to four immature plants. No one under 21 may possess marijuana and the new law does not trade in the drug. Governor Scott noted that he vetoed the earlier version of the bill that would have allowed sales of the marijuana.
Eight other states have legalized marijuana use as a result of voter initiatives. What makes this law unique is that the law was passed through legislation and not by ballot initiative. Vermont is one of 23 states in the nation that don’t allow ballot initiatives.
As progressive as Vermont is, the state’s new law is one of the most restrictive in the nation. People may possess a limited amount, but are not allowed to buy or sell. The law does not set up any sort of regulation for commercial farming or for sales.
The Law Needs Work
The law contains some tricky use of the word “or” that confuses the issue.
Also: In some places the law says an adult may possess two mature plants or four immature plants. In other places the law says an adult may possess two mature and four immature plants.
Also also: The law mentions “hashish” but makes no mention of edibles, topicals, concentrates like shatter or wax (is “hashish” a catchall?), vape oil, tinctures, or any other common cannabis products. The use of “hashish” makes it seem like the legislators who wrote the law time-traveled to the 1970s to learn about cannabis.” – Leafly
Leafly went through the final language of the bill and come up with the handy guide.
Removes all criminal and civil penalties for possession of one ounce or less of marijuana, or more than five grams of hashish, for persons 21 years of age or older. As the law is written, it’s unclear whether this is an either/or situation—in other words, whether you can possess both an ounce of flower and five grams of hash, or whether you’re limited to an ounce or five grams and cannot possess both.
Does not allow for the commercial cultivation and/or sale of cannabis to persons 21 years of age or older. Vermont’s law is strictly a homegrow, personal-use law as it stands now. The law does, however, mandate that the state make plans to adopt a “comprehensive regulatory structure for legalizing and licensing the marijuana market.” The Governor’s Marijuana Advisory Commission has been directed to report on such a system by Dec. 15, 2018.
Legalizes the possession of paraphernalia for cannabis use for persons 21 years of age or older.
Legalizes the cultivation of two mature cannabis plants or four immature plants, for anyone 21 years of age or older. “Immature” means a female plant that has not flowered and does not have visible buds. Those plants must be in an enclosure screened from public view and secure so that access is limited to the cultivator. The cultivation limit applies to each dwelling, regardless of how many residents 21 or older reside in the dwelling. So: One house, two mature plants, period. The law is clear that these plants may be possessed in addition to the one ounce of cannabis flower. The law is not clear about whether a person may possess two mature plants and four immature plants—again with the “or” problem in the law’s language. In some of the law’s sections, two mature or four immature plants may be possessed. In other sections, two mature andfour immature plants may be possessed. Read the rest here.
Charlo Greene – Cannabis Hero Faces Possible 54-Year Prison Term
Is She Targeted to Be Mary Jane’s Martyred Sister?
Alaska was the first state in the union to pass a law legalizing the use of marijuana. In the 1970s, a law was passed authoring in-home use. In 1998, a law was passed pertaining to medical use. In 2014, a law was passed making Alaska the third state in the union to legalize recreational use.
…the prosecutor blatantly lied to the grand jury, telling them that the Alaska Cannabis Club was a sole proprietorship, so there was no corporate liability shield.
The latest law legalized the manufacture, sale, and possession of marijuana. One would think Alaska was through with prosecuting its citizens for the possession or sale of marijuana. Tell that to Charlo Greene, president and CEO of the Alaska Cannabis Club who faces a possible 54-year prison term for 14 counts related to the sale of marijuana.
Greene, the registered owner of the Alaska Cannabis Club, is a former on-air reporter for KTVA news. While airing a news report about the Alaska Cannabis Club on September 22, 2014, she identified herself as its owner and dramatically quit her job, saying, “Everything you heard is why I, the actual owner of the Alaska Cannabis Club will be dedicating all of my energy toward fighting for freedom and fairness, which begins with legalizing marijuana here in Alaska. And as for this job, well, fuck it. I have a choice but, fuck it, I quit.” She then walked off camera leaving a co-worker to stumble through apologies.
https://www.youtube.com/watch?v=wBPsbgKeIFM
This event took place just weeks before the 2014 vote on legalization. Green believes the viral video helped bring in the 53% win for recreational legalization. The Alaska Cannabis Club was raided well after the law took effect.
Although Alaska passed laws legalizing the use and sale of marijuana, regulations and licensing for its sale lagged behind. Currently, the state has approved 83 licenses, 17 of which are for retail businesses. The first retail stores are scheduled to open in November 2016, two years after the final legalization law passed – 40 + years after the first law legalizing its use.
The Associated Press quoted Greene as saying, “We don’t sell any recreational marijuana. We don’t sell any medical marijuana. This is a place for cardholders to come and share their own cannabis.” It is unclear how the club worked and Greene declined to explain the details. Knowing how the “justice system” works due to our own experience, we can certainly support her decision to keep the details to herself prior to her day in court.
In September of 2015, Greene was charged with 8 counts, which could bring a total of 24 years in prison. She listed them as follows:
4 felonies: each carrying a potential 5-year term
4 misdemeanors: each carrying a year each
All of the charges are for possessing small amounts cannabis
All of the charges and allegations were made after Alaska legalized cannabis.
Since that time, her charges have changed, and not for the better. On September 29, she made the following post on her Facebook page: “I just found out I’m facing an additional 6 felonies – 30 more years. That <sic> 54 years in prison for a plant. Aaaaand the attorney I paid to handle my case, who’s been working it for the last year, just let me know she’s quitting to join the prosecution and not giving me back any of the money she was paid to finish my case.”
The lawyer who is now working for the district attorney’s office, was the 4th lawyer Greene has hired to represent her for these charges.
The following is the timeline of events according to Greene:
Alaska Cannabis Club was created on April 20, 2014
Incorporation papers were filed on May 4, 2014
November 4 of 2014, Alaska legalized recreational use of marijuana
September 22, 2014, Greene made “fuck it” speech on air, quitting her job
February 24, 2015, Alaska’s new law legalizing recreational use took effect
March 20, 2015, Anchorage Police Department (APD) made their first raid on the Alaska Cannabis Club
August 20, 2015, APD again raided the Alaska Cannabis Club
September 2015, initial charges
September 29, 2016, new additional charges
February 26, 2016, arrested at Canadian Border for alleged marijuana residue in purse
In a video, Ms. Greene states, “Each time the officers acted outside of the scope of the warrant, conducting unlawful body searches on patients, threatening all patients and club volunteers with arrest if they didn’t consent to taking mug shot-like photos on the scene, destroying cameras, seizing vehicles not included in the warrant, and not leaving the lawfully required notice behind. “
“What’s more, in order to secure the ten felonies and four misdemeanors I was charged with for creating the Alaska Cannabis Club, the prosecutor blatantly lied to the grand jury, telling them that the Alaska Cannabis Club was a sole proprietorship, so there was no corporate liability shield.”
Meanwhile, another previous shop owner who was previously prosecuted claims that 6 months in prison, 6 months of in-home detention, and 1 year of probation has become the common sentence handed down for these cases in Alaska. Why are they throwing the book at Greene?
On February 25, 2016, Greene was detained and strip-searched at the Canadian border. Customs officials allegedly found marijuana residue mixed with lint at the bottom of her purse. She was charged with “suspicion of smuggling marijuana residue” and sent back to the United States after being held in customs for 9 hours. Charges were dropped, but entry to Canada was denied on this and on a later occasion.
Green’s Cannabis Freedom Fund has raised a mere $2,806 dollars from 80 contributors in 16 days. She fought back tears in her video when she disclosed that of the 4,000 medical marijuana card holders her club serviced, only one stood up for her in court. (Click on the link above to make a donation.)
Where is the financial and emotional support for this woman who was awarded the High Times Courage in Media Award, a woman Elle identified as one of the “13 Most Potent Women in the Pot Industry”? A woman who stuck her neck out to help others when her state was failing to deliver the promise they made when they legalized marijuana use for medical purposes? A state that has now legalized it for recreational purposes?
It is time for a smart, savvy lawyer to step up and defend this young woman. It is time we rally around and give her our support. And it is well past time we repeal every ridiculous law criminalizing the use, possession, and sale of marijuana.