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Why Laws Only Apply to Poor People

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When talking about access to justice, one question we should consider is who really has access. Legally, access to justice and fair representation should be afforded to all; but in reality, access is largely dependent on resources and education. Access to practically anything in this world, legal resources included, is based on a person’s finances, opportunities, and connections. Poverty, race, sexual orientation, gender, nationality/language, educational level, access to transportation, and physical disability are all factors that can make justice feel out of reach for many US citizens.

Statistics show that poor, minority people suffer disproportionately from the legal system as a whole, and from various individual laws that seem to work against them. But in what specific ways does wealth make a difference? And how does this happen in a country founded on the principals of “equality for all”?

Our legal system in a nutshell

Our legal system starts with the Constitution, which establishes a federal system of government. The U.S. Constitution is the supreme law of the United States of America. It specifies the authority of the federal government, establishes the judicial branch, and oversees federal courts. The U.S. Constitution also grants power to the U.S. Supreme Court, the highest court in the nation, which has ultimate appellate jurisdiction over all federal cases and many state cases as well.

Each of the 50 states has its own constitution to regulate government structure and legal codes. Federal courts only have jurisdiction over cases involving federal crimes, conflicts between different states, and international disputes. Most everything else gets handled by state courts.

The American Court system is largely based on the English Common Law system with two sides (the defendant vs the plaintiff), who argue their case before what should be an impartial judge (although we know that is often not how it goes), and sometimes a jury of their peers. In criminal cases, the prosecutor will often act as a plaintiff on behalf of the citizens or state. 

Now, this is where the rich versus poor issue really comes into play. In the US, everyone accused of a crime has the right to legal counsel, meaning they are allowed to have a lawyer assist with their defense. Even if you don’t have money, a public defender will be assigned to your case, free of charge.  

Sounds alright, but there is a catch. Public defenders are often straight of out college and less experienced than private attorneys. Not to mention, public defenders are notorious for being disinterested and disengaged. It should come as no surprise, since they are court employees and get paid the same whether they win or lose. They have even earned themselves a little nickname in many jails and prisons, “public pretenders”.  

Connections matter also. They shouldn’t when it comes to the legal system, but they most definitely do. Say for instance, one of the top rated, most well-connected lawyers in your city knows the judge personally and they play golf every other weekend. That judge will be more naturally inclined to trust his buddy over the random public defender who has no reputation in the industry. It’s unfair, but that’s how it works.  

Laws and poor people

Understanding the links between income, employment, and health is the first critical step to reducing poverty. But one other factor that is often overlooked is legal problems. Not only do poor and middle-class people get targeted by authorities more often than wealthy people, but the impact of the legal trouble is much more detrimental and long-lasting.

For someone who lives paycheck-to-paycheck, even something like a couple-thousand-dollar fine could have a negative effect on their finances for months to come, and felony charges can significantly reduce a person’s job prospects. If someone from a low-income family is jailed, leaving behind only one person to provide for the rest of the family (say dad gets locked up and mom is left to cover everything), that could lead to some serious life changes for everyone under that roof.  

What if the free spouse/parent/other can’t afford the bills and housing payments anymore? They might lose their family home and have to move to a neighborhood that could possibly be more dangerous than where they are currently living. They might lose the ability to feed and clothe their children, they could struggle with transportation, healthcare, and other basic needs, and some might even end up homeless if they can’t find suitable housing with their newly reduced income.  

Compare that to a wealthy family. Even if one person does end up in prison – which happens less often anyway because they have money for bail and good lawyers – they usually have a substantial amount of money in savings and an abundance of assets to keep the rest of their family secure.   


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The War on Drugs  

The war on drugs, which we can all agree has been an absolute failure, was practically targeted at poor people and was a has been a major contributing factor to the ongoing cycle of poverty around the world. People who use heavy drugs often do so as a result of trauma, mental illness, and other life stressors, so these are people who may have already been marginalized by society before the drug use starts.

The war on drugs took what should have been considered a health and social issue, and turned it into a crime, further stigmatizing users. This resulted in mass incarceration of the of poor and minority individuals, leading to many of the lasting issues described above like less employment and educational opportunities, minimal housing options, and some have even lost their right to vote. Some states will permanently bar a person from participating in our democracy for felony convictions, regardless of what the crime was… how messed up is that?

This continues to be an ongoing issue. Data on current drug arrests is inconsistent and hard to analyze, but NORML estimates that there are still around 350,000 arrests annually for cannabis alone, many of which are black and brown men. And it’s rarely those in charge of the drug trade that suffer these consequences, it’s almost always the users and lower-level dealers, the people who have the most to lose in the first place.

“Affluenza” 

Affluenza refers to a “psychological malaise supposedly affecting wealthy people”, characterized by an obsession with consumerism and wealth. To clarify, it’s not a medically recognized disease. Although the term has existed for a long time, as early as the 1950s, it was popularized in mainstream culture about ten years ago, during the 2013 trial of Ethan Couch.  

Ethan Couch famously used the “affluenza” defense to get off on charges for killing four people while driving under the influence of alcohol and other drugs. Couch was speeding through a residential area when he hit a group of people who were assisting with a disabled SUV. Four people were killed and another nine were injured. He was 16 years old at the time and driving with a restricted license.  

Couch’s family attorney argued that he suffered from “affluenza”, and he should receive therapeutic treatment rather than prison time. Interestingly enough, the judge agreed, and Couch was sentenced to 10 years of probation and an undermined amount of time at an inpatient facility for therapy. How this defense was actually able to work for him, I honestly have no clue. But it just goes to show that if you have enough money, the impossible becomes much more feasible. Some people might argue that he got off easy because he was so young, but if the driver of such a horrific accident had been a black 16-year-old male who did not have rich parents, he surely would have received jail time.

And it’s not just Couch who benefitted from the privilege of having good legal representation. Like I said before, it’s their family attorney. The entire Couch clan has an extensive history of breaking laws that dates back to the 1980s. Cumulatively, they have over 20 charges against them including traffic violations, financial disputes, reckless driving, and assault. On every occasion, they relied on their wealth and connections to get out of trouble.  

Final thoughts  

It doesn’t really matter where you are in the world, in most places, money talks; and if you’re rich enough, you can even get away with murder (I’m looking at you Laura Bush, John McAfee, Robert Durst, and others). The only people who really suffer from the consequences of their actions are the people who don’t have enough money, educations, or connections to fight the legal system. And they suffer long after they are convicted and have served their time.

Welcome one and all! Cool that you made it to Cannadelics.com. We’re an independent news platform with an eye on the burgeoning cannabis and psychedelics fields of today. Join us frequently to stay in-the-know on everything going on; and subscribe to the Cannadelics Weekly Newsletter, so you never miss a single thing.



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These Two Iconic Cannabis Companies Could Disappear

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Both were high flying symbols of the promise of the legal cannabis industry.  Both, at one point, led by an Adam and both made mainstream headlines.  Now, as the cannabis world take another key step toward mainstreaming, these two iconic cannabis companies could disappear. Both High Times and Medmen went into receivership in the month of April.

RELATED: California or New York, Which Has The Biggest Marijuana Mess

As the cannabis industry enters a new era, both companies straddled the gulf between the weed wild wild west and today’s market-price/share-price focus.  Early on, each became the darling of media attention and part of the general population’s conversation. Medmen’s antics saw them skewered on the hit show South Park.  Both became regulars on Cheddar as industry thought leaders. High Times, the founder of the original cannabis cup, made high flying deals, did a controversial “non” public offering, and, in looks, expanded into dispensaries.  Both are now in court waiting to see what happens to the companies and assets.

Photo courtesy of Medmen

Medmen hit the market in 2010 with co-founder in Adam Bierman and Andrew Modlin. In 2018 MedMen West Hollywood was one of the first legal cannabis dispensaries to open in California. Hailed as the Apple Store of weed, their slick design captured the feel of the new wider market and set the pace for of retails wishing to attract an expanding mainstream consumer. From there came an expansion including an expensive sort of store on 5th Ave in New York City, greenhouse grows, a REIT, and lots of press.  Things began changing when they went public with a reverse merger.  Things took an ugly turn with a messy lawsuit with the outgoing CFO, the the Journal of the American Medical Association called them out for their marketing, and things went down hill quickly. On March 11, 2024, it was reported by several sources that Medmen had closed operations everywhere except for in San Diego and near LA International Airport. It was announced the company is $411 million in debt while awaiting the court’s decision about their future.

RELATED: Cannabis Industry Employs The Same As These Companies

High Times was the leader of the marijuana movement, helping people learn, engage and get stoned. They taught people the value of medical marijuana and brought celebrities to the forefront of the movement. Then the 44-year-old magazine was sold to a group of investors led by Adam Levin and the Los Angeles-based Oreva Capital for $42 million. Rumor has it, the founder’s widow is still owed money from this deal. Levin claimed he could raise the value of the company to $100s of million of dollars, but followed was a messy, tangled trip leaving heartbroken investors behind. Multi rounds of funding with a variety of valuations, a semi-offering to the general public at $11 a share, cancelled cannabis cups, and a web of activities raised eyebrows. From a practical point of you, the site never really looked at the new legal market, they figured the newbies would immediately embrace the legacy culture. Instead, companies like Wana Brands appealed to them with gummies named Calm. The movement moved on and High Times tried to enter the dispensary market. Now all the assets sit with a receiver and the fate of the legendary leader is unknown.

These are the tails of a fast rising, consumer driven, mainstreaming industry.



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The Benefits Of Consuming Marijuana Alone

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Some times you want to relax and just chill in your own head – and that is 100% ok

Trivia night, parties, hanging with friends, sporting events…all group activities when you might imbibe in something to add to the fun atmosphere. Heading to a bar, going out to eat, or family events might including a bit of booze or a small toke.  Both can put you in the right mood. But here are the benefits of consuming marijuana alone.

RELATED: Science Explains How Marijuana Inspires Awe 

Drinking alone can cause issues as alcohol can have different effects. A big difference between marijuana and alcohol is the latter is a depressant. Cannabis, in the right dosage,  tends to reduce anxiety and can help battle depression.  Also, overindulges with weed leads to falling asleep, where overdoing it with cocktails can lead to blackout and serious help issues.

13 songs to add to your smoke sesh playlist
Photo by Matthew Henry via Burst

Marijuana is surprisingly effective and malleable when consumed alone. If you challenge yourself, it can be used for different activities including creative, social and physical. When getting the dosage right, weed can act as a stimulant for your brain, helping you journal and doodle, or for your body, pushing you to workout or clean and sort through your closet.

Another benefit is you can enjoy the wonder of being in a high state of mine.  Experts express they love watching a movie on a large screen as it makes them feel they are in the movie (probably not a good idea to watch horror films). It can almost make you feel like you meld with music. when you’re high because cannabis affects your sense of timing. When you smoke weed, your brain slows down and becomes more sensitive to the rhythms in music. It makes it easier to appreciate the subtleties in the music

Personal reflection and growth are other prime reasons for solo cannabis consuming. It allows individuals to immerse themselves in a deep journey into their own being, stripped of the distractions and outside influences that often cloud our understanding.  For introverts, this can be time to balance and recharge.

RELATED: How To Know If You’re Buying High Quality Marijuana

The best part about marijuana is you can enjoy it without ahangover allowing you the next day to be productive.  Before diving in to your solo marijuana journey and all of the perks it can result in, here are the best & safest practices.



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THE DEA DECIDES TO RESCHEDULE MARIJUANA

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In a historic move the Drug Enforcement Agency announced it plans to reschedule cannabis.  Monumental shift in the marijuana industry.

After three years of waiting for President Biden to fulfill his promise of doing something about legal cannabis, the Drug Enforcement Agency (DEA) announced its plan to reschedule cannabis. This follows the recommendations from Health and Human Services (HHS) and the Food and Drug Agency (FDA).  They are sending their recommendation to the White House Office of Management and Budget for review of the impact on the budget. The shifts acknowledged the medical benefits of cannabis and can pave the way for PTSD treatment for veterans, something the President and Senator Patty Murray (D-WA).

RELATED: Science Says Medical Marijuana Improves Quality Of Life

“Moving to Schedule III is the single biggest thing that can happen to the US cannabis industry. It removes the 280E tax burden, increases medical research, and opens the investor base. Today is truly a tipping point for this burgeoning industry.” declared Jesse Redmond, Managing Director at Water Tower Research.

DEA

“This historic move from the Biden Administration to reclassify cannabis from Schedule I to Schedule III reflects changes in the scientific and medical understanding of cannabis. It echoes moves in other countries around the world. Domestically, it lays the groundwork for federal tax benefits for the cannabis industry, as cannabis businesses will be treated like other businesses with regard to deductions and credits. It will also lower the costs and hurdles of conducting research on the plant and its products. Despite skeptics arguing that this spells the beginning of the end of the cannabis industry as we know, those doomsday scenarios fail to answer a basic question: why would the Biden Administration want to crack down on a substance that it classifies as “less dangerous” when it refused to crack down on the substance when it was a Schedule I substance? Little, if anything, will change at the state regulatory level, but that should not take away from the historic nature of this decision. Cannabis has been a Schedule I substance for 54 years, and despite multiple opportunities to reclassify it in decades’ past, today is the first time the US Government has been willing to say otherwise” shares John Hudak, Director, Maine Office of Cannabis.

Hudak is widely respected in the industry and has been a thought leader for the growing industry. The move reclassifies cannabis from Schedule 1 of dangerous drug with zero medical benefits to to Schedule III such as ketamine, Tylenol with codeine, and anabolic steroids. The timing is still unsettled, but there is hope it will have an impact in 2024.  The industry as been struggling under schedule III despite a huge growth of consumers.  This will also open the door more for mainstream companies to become involved in the market.

RELATED: Marijuana MicroDosing Can Improve Mundane Tasks

“While this is great news for the cannabis industry, it’s too early to break out the Champagne,” said Lonnie Rosenwald, Partner at Zuber Lawler, LLP. “We don’t know yet when rescheduling will occur, or, perhaps more important, when the tax changes will take effect.  For companies and entrepreneurs considering entering the industry, rescheduling alone shoudl provide an incentive to launch their businesses. But existing cannabis businesses will have to wait to see whether they’ll be able to deduct business expenses on their 2024 or 2025 returns. We expect answers to these questions in the coming weeks.” says Lonnie Rosenwald, an attorney for Zuber Lawler, a national law firm which covers the cannabis industry.

This is a historic shift for the federal government and puts in more in line with the American Medical Association, most medical professionals, Canada and the general public.

 



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