federal regulation of marijuana

May 7, 2018

Time to Bust Down Barriers to Medical Marijuana Research

As of now, only one establishment has been given Drug Enforcement Administration clearance to manufacture marijuana for research: University of Mississippi. This is in spite of a 2016 decision to allow DEA to approve medical marijuana manufacturers for research purposes and dozens of applications to join the pool, according to a McClatchy article. But a bipartisan bill aims to break down some of the barriers currently standing in the way of necessary and groundbreaking research. HR-5634 would force an increase in the number of registered manufacturers producing cannabis “for legitimate research purposes.”

It also would lift restrictions on medical practitioners at the Department of Veteran Affairs, who as of now must follow federal law and are therefore not allowed to recommend cannabis to any of their patients. If passed, the bill would open the door to federally approved clinical trials for veterans seeking help through the VA. This is a crucial next step in the fight for medical marijuana legalization nationwide. Veterans have long reported relief for post-traumatic stress disorder symptoms through cannabis, but if they seek treatment through VA medical professionals, they cannot access medical marijuana, even if they live in one of the 29 states that have legalized medical use. Even Washington, D.C., has approved medical marijuana, despite being the epicenter of restricting marijuana nationwide. Continue reading

April 8, 2018

Pro-Pot States to Sessions: Why Can’t Weed Be Friends?

By Cannabis Law Group

Public support for pot is on the rise. More states are looking to legalize marijuana or expand accessibility. In fact, cannabis is one of the few issues that marijuana legalization politicians on both sides of the aisle can agree on these days, particularly medical marijuana. It’s a time when cannabis is poised to go mainstream and become an accepted medical resource, cultural norm, and economic powerhouse. Yet, since the current administration entered Washington, D.C. and Jeff Sessions was asked to helm the Justice Department, the industry has faced uncertainty and instability.

That’s why states that strongly support marijuana legalization, including California, have requested a meeting with Sessions with the goal reconcile the stark contrast between state law and federal law, according to the Associated Press. The state treasurer from California was joined by Pennsylvania, Oregon, and Illinois in crafting a letter to open dialogue with Sessions about what banks and marijuana businesses can expect from the federal government in terms of enforcement moving forward. As our skilled lawyers can explain, the federal government is holding firm to marijuana’s Schedule I classification as part of the Controlled Substances Act, 21 U.S.C. Section 812. To receive this classification, a substance must not demonstrate medical benefits, be considered unsafe, and have a high potential for abuse. To make these claims about cannabis is absurd, and frankly, Sessions is standing on the wrong side of history on this one.

January 25, 2018

Sessions Rolls Back Directive Protecting State Marijuana Laws

By Cannabis Law Group

It’s no news that U.S. Attorney General Jeff Sessions has strong feelings about the cannabis industry. Since his Marijuana Lawyers appointment almost a year ago, he has promised to uphold federal cannabis law, which classifies marijuana as a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812. This path is in stark contrast with the narrative in the rest of the country: 30 states as well as Washington, D.C., have some form of marijuana legalization on the books. Eight of those states (including California) and the District of Columbia allow recreational marijuana sales and use, with more planning ballot initiatives and legislative votes in 2018.

Up until now, those states have been able to manage their marijuana laws as they saw fit without meddling from the federal government thanks to a directive put in place at the Department of Justice during Barack Obama’s presidency that discouraged enforcement.

However, Sessions recently rescinded that directive, opening the door for prosecutors to go after states that have established legal cannabis. Continue reading

September 12, 2017

Confusion Between State and Federal Law Makes it Unclear Who Will Be Prosecuted for Marijuana Offenses

By Cannabis Law Group

Here in the western states, the conflict between strict federal marijuana laws and increasingly-permissive state marijuana laws has created much confusion. The public, government officials, and even police officers on the front lines of marijuana law enforcement seem unable to reach a consensus on what cases will be prosecuted and why. Now, more than ever, it is critical that defendants facing marijuana charges have a the advice of a criminal defense attorney who is skilled in cannabis-related offenses. cannabis defense lawyers Continue reading