DOJ
Cannabis in 2023: Here to Stay, but Major Challenges Remain
2022 brought more change and visibility to the cannabis industry than nearly any year before. Two of five legalization ballot measures passed, bringing the total number of states with legal medical or medical and recreational laws to 39. President Biden issued an executive order pardoning nonviolent offenders and directing a review into rescheduling cannabis. The […]
California High Court Ruling: DEA Breaking The Law By Raiding Legal Dispensaries
Better late than never: Signaling a significant victory for patients and dispensaries participating in state sanctioned medical marijuana programs, a federal Judge ruled on Monday the DEA must back-off raiding and shutting down medical marijuana collectives legally operating under California’s Prop 215, first passed in 1996.
Charles Breyer, U.S. District Judge (Photo Courtesy of SFGate Blog)
Starting the week off on a high note, Charles Breyer, a U.S. District Judge from Northern California, admonished the DEA with a ruling critical of the agency for its systematical harassment of the medical marijuana community. Citing last year’s Rohrabacher-Farr amendment, Judge Breyer noted it prevents the use of any government funds from being utilized for such actions.
Representing the first ruling of its kind by a federal judge, this decision safeguards all state marijuana laws. Preventing the DOJ (Department of Justice) from spending any of our tax dollars to bust legal dispensaries or MMJ patients in any of the 23 states that have voter approved medical marijuana programs.
According to Time.com:
” Judge Charles Breyer of the U.S. district court in northern California disagreed with the DEA memo, writing in his decision that the department’s interpretation of the law “defies language and logic” and is “at odds with fundamental notions of the rule of law.” Instead, the court sided with the dispensaries, saying the department could not interfere with medical marijuana providers operating legally under state regulations.”
MAMM vs USDOJ – Charles R. Breyer ruling to lift injunction
Lynette Shaw, owner of Fairfax’s Marin Alliance for Medical Marijuana (Photo Courtesy of MarinIJ)
The recent ruling involves the case of Lynette Shaw, owner of Fairfax’s Marin Alliance for Medical Marijuana. Shaw was originally forced to close her shop four years ago after the Department of Justice decided to make an example of her –– issuing a federal cease and desist order against her dispensary.
While the feds claim they were dazed and confused over the Rohrabacher-Farr amendment, not sure whether it was meant to stop the DOJ from spending taxpayer cash to crush marijuana related businesses and prosecute patients in medical marijuana states – or simply cut off any federal funding that would discourage states from legalizing medical marijuana.
Attempting to justify their position earlier this year, the Justice Department told The LA Times the Rohrabacher-Farr amendment only stops the feds from “Impeding the ability of states to carry out their medical marijuana laws,” leaving individuals within the medical marijuana community open to prosecution.
Thanks to Judge Breyer’s recent moral epiphany – – and clarifying that congressional law “forbids the Department of Justice from enforcing this injunction against MAMM to the extent that MAMM operates in compliance with state California law” – – the Justice Department may find themselves strapped for cash during their next attempt at circumventing state law and ignoring an individuals civil liberties.
(Main Photo Courtesy of the Huffington Post)
Moving to Legalize Domestic Hemp
As the movement for the legalization of marijuana marches on people often forget about the Mary’s sister plant, industrial Hemp. Both plants are members of the cannabis genus and both are illegal to grow or possess under Federal law. They are two genetically distinct species with different properties. Marijuana contains as much as 27% THC in its buds, leaves and trichomes. Whereas hemp generally contains 0.3% or less THC (although some places do allow for it to contain 1% and remain classified as industrial hemp). Furthermore the two plants are unsuited to be used interchangeably. Marijuana is unsuited for industrial purposes such as paper, clothing and building goods due to the nature of growth of the plant fibers. Similarly, industrial hemp will not get have the effects of smoked marijuana. It is very similar to the way that poppy seeds can make a person test positive for opium, but would produce get them “doped up”.
Since 1937 it has been illegal to cultivate both marijuana and hemp plants, aside from a special dispensation in WW2 (see “Hemp for Victory“). Today many states have passed laws allowing for compassionate use of medical marijuana, but it is still illegal to domestically grow and distribute industrial hemp products. This continues despite growing demands for hempen clothing, building supplies, fossil fuel substitutes, and food products. However, it is legally allowed to import foreign hemp products. To meet this demand, American companies must purchase goods from Canada, China and a few European countries. This is a farce. America (from the time of the colonies) was built on money provided by Hemp cash crops. At this time we are relegated to sending hard-earned American dollars overseas (OK, Canada is not overseas) to buy raw seed and fiber and end-products that could easily be made here, at an economic benefit for Americans. This market has nowhere to go except upward, especially as more Americans become aware of the many benefits (nutritional, agricultural, industrial, economical) presented by Hemp.
Currently, eighteen states have recent laws (within the last 20 years), bills, or amendments on the books or pending legislation seeking to allow for domestic cultivation of Industrial Hemp. Many of those states have only first stage laws that require studies by state boards looking into economic and agricultural benefits. Many of these studies are underway, but none have been completed. Part of this is due to the political insecurity that arises from dabbling in marijuana laws. Although attitudes have shifted greatly in the last several years, many politicians are still wary of endorsing anything marijuana-related. Regardless of those studies, every bill has language reflecting the worries about Federal prosecution. The caveats in the bills all mention that Federal statutes must either be overturned, rewritten, or researchers and farmers will require permits or dispensations from the DEA, DOJ or even IRS in order to grow hemp crops and be in compliance of state and federal laws.
The most recent states to challenge this Federal ban include Kentucky, Vermont, North Dakota, Washington, Colorado, Oregon, and Montana. Members of Congress have also sought to change the laws. In 2007, 2009, and 2011 they have introduced “The Industrial Hemp Farming Act” so that low potency cannabis crops would be exempted from the Federal ban. The current measure, House Bill 1831 has numerous co-sponsors but has not received a Congressional hearing. If passed, states would have the power to approve and regulate hemp cultivation and trade. Last year, Hemp imports were valued at over four hundred million dollars. This number is expected to increase this year and more in the future. Hemp production could soon be valued at over $1 billion. Taxed revenues from this business would do well to help offset American debt and trade deficits, if it was a domestic product. Not only is this an incredibly useful plant, it is hardy and grows in poor soils that are unsuited for other crash crops. Additionally, rotating hemp through poor soils helps to lock nutrients back into the earth so that other crops can grow better. It also is a prime source for photosynthesis and carbon sequestration, helping to mitigate the problems posed by increased amounts of CO2 and other greenhouse chemicals present in the atmosphere.
As more information comes to light about hemp it seems that the cultivation of this plant is a win-win situation for the environment, the economy, and the people of our country. Unfortunately, the same special interests (tobacco lobby, Big Pharma, Alcohol, fossil fuels) who secured the ban over seventy years ago still have enormous political clout. Combined with the inordinate amount of false information and prejudice against the cannabis plant, those in favor of legalization face a stiff uphill battle. More than ever it is incumbent upon us, we the people, to take an active role in our nation’s future and declare that this plant should not be denied to us.