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Yet Another Federal Court Decision on Cannabis Gun Rights

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Yet another federal court in yet another federal appellate circuit just held that federal cannabis gun rights restrictions are unlawful. Let’s look at why that is, and why this is going to keep happening in federal courts across the country.

The cannabis gun rights cases

The federal Gun Control Act of 1968 strips all gun rights from cannabis users, even in states that allow it. Some states have tried to pass laws that circumvent federal gun control law, which is a losing proposition. At the same time, a 2022 U.S. Supreme Court case, New York State Rifle & Pistol Association, Inc. v. Bruen, simplified the test to determine whether a gun control law violates the Second Amendment. This has led to repeated challenges in various federal courts – including one big loss in a Florida federal court, and a big win in an Oklahoma federal court. Both of those decisions are on appeal (in the Eleventh and Tenth federal circuits, respectively).

Texas weighs in

And as of a few days ago, a federal court in Texas (in a case called United States v. Connelly) handed a victory to a cannabis user, setting up a likely appeal by the federal government to the Fifth Circuit. We are heading for a series of appeals, and a possible circuit split.

Connelly‘s procedural posture is different from the other cases I discussed. The court initially ruled against the petitioner. Prior Fifth Circuit precedent upheld federal gun rights restrictions. But last month, the Fifth Circuit held unconstitutional gun control laws for persons subject to civil domestic violence restraining orders. That case too was based on Bruen, and the Fifth Circuit went through the historical analysis and concluded that civil orders were not sufficient to take away gun rights.

The Connelly court reconsidered its earlier ruling in light of this new Fifth Circuit case. Connelly concludes that the federal gun rights restrictions are unconstitutional under Bruen‘s two-part test, which hinges on whether there is historical precedent that is relevantly similar to the modern restrictions. As with the prior cases, the government acknowledged that there is no historical precedent for stripping marijuana users of their gun rights. Instead, it relied on allegedly relevant historical analogues (i.e., laws that it claimed are similar to the current law). One of the government’s key examples was a Virginia law from the 1600s that prohibited drunk people from possessing firearms.

The court didn’t find this even remotely relevant, noting:

Consider instead a law that would prevent individuals from possessing cars at all if they regularly drink alcohol on weekends. Nobody would say that this hypothetical law is similar to DUI laws in how it regulates cars. The hypothetical law’s focus on possession, rather than use, of the vehicle imposes a much greater burden on drivers.

Cannabis gun rights and a circuit split

In the wake of Bruen, two different federal courts have reached the same conclusion about the federal gun rights restrictions. The dissenting court’s opinion, in light of the other cases, was deficient and will likely not withstand appeal in the Eleventh Circuit. Indeed, as Marijuana Moment reported, lawyers for the parties appealing the government’s Florida win just pointed out that the federal government is now resorting to lumping marijuana users in with fentanyl users. These aren’t great arguments for winning a court case!

Over the coming months, we fully expect more and more of these cases to pile up. Given the pretty clear history on this point, it seems like even a petitioner in the more politically liberal federal circuits (like the Ninth Circuit, where many of our cannabis litigators practice) will decide in favor of expanding marijuana users’ gun rights.

Stay tuned to the Canna Law Blog for more updates.



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Buying Weed Based on the Highest THC Levels?

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buying based on thc

Don’t Shop For Weed Based On THC Alone

Here’s What Else You Should Be Looking For

 

When you walk into a dispensary, there are so many fascinating things that catch the attention of all your senses.

 

Of course, it’s easy to get overwhelmed with the sheer smell of weed permeating in the air – as well as all the incredible choices of weed before you. Upon closer inspection of flowers and cannabis products, though, there are other details that can influence your purchase. Dispensaries these days highlight important information about strains, such as the concentration of THC (tetrahydrocannabinol) versus CBD (cannabidiol), and the potential effects one can expect from consuming it. These may include ‘uplifting’, ‘sedating’, or others.

 

Most recreational cannabis consumers look for a high THC content when shopping around for weed strains. After all, THC is the main compound responsible for getting you high and making you feel euphoric! Additionally, high THC strains can be more cost-effective: a small dose might be all you need if intense effects are what you are after.


That said, it can be misleading to focus on the THC content of weed only. There are so many other factors that affect the experience and quality of your high, which are also found in weed. Read on to learn what else you should be looking for when shopping around for weed:

 

Why Are You Buying Weed In The First Place?


The most important question to ask yourself before you go to a dispensary is why you’re buying weed in the first place. People use and buy recreational weed for so many different reasons: to relax and obtain relief from stress after work, to socialize without alcohol, sleep better, unwind with video games, or enjoy other activities. Are you going to consume weed in the comforts of your home, at the beach, or while hiking?

The primary reason you want to consume weed should influence everything else while you’re shopping for it – whether online or at a physical dispensary.  It will help you have a better idea of how much you’re going to purchase, based on how often you want to consume.

 

Of course, if you’d like to try weed in a new form or product, feel free to explore. Dispensaries these days are always full of exciting cannabis products that you can eat, drink, inhale, put under your tongue, and lather on your skin!

 

What Should You Consider Exploring?

 

Aside from the THC content of cannabis products, there are so many other factors you can consider when shopping around.

 

  • What’s new? Ask the budtender about new and exciting products that have just been launched or stocked up. Remember that the cannabis market is always full of fresh and thrilling things, most of which are always worth trying.

 

  • Cannabis product labels: Product labels offer a wealth of information for flower consumers. It contains the strain name, type of weed, and weight. Aside from telling you how much THC and CBD it contains, there are other things you can look out for.

 

  • The name tells you the strain, and a budtender of quick Google search online can easily tell you if its effects veer toward indica or sativa. If you’re interested in uplifting or energizing effects, always go for sativa or sativa-dominant weed. On the other hand, if relaxation and sedation is what you’re after, opt for indica.

 

  • Lesser-known cannabinoids: Each strain profile has its own minor cannabinoids, which more cannabis consumers are now considering when buying weed. That’s because we now know that the effects and overall experience of cannabis isn’t brought about by THC and CBD alone. There are minor cannabinoids at play too, and they work together synergistically through the entourage effect.

 

Even though you may be a recreational cannabis user, the presence of certain cannabinoids also helps make you feel good from the inside out. Many popular minor cannabinoids such as CBG, CBC, and CBN are now highlighted in product labels to help consumers make informed decisions. These very same cannabinoids offer a plethora of therapeutic benefits such as fighting inflammation, pain, anxiety, and so much more.

 

  • Terpenes: Cannabis terpenes are the compounds that are responsible for giving the plant its aromatic characteristics. These are the very same constituents found in essential oils. Terpenes work with cannabinoids, also through the entourage effect, to demonstrate synergic benefits that are enhanced by the other’s presence.

 

While a myriad of terpenes are already naturally found in cannabis flower, the cannabis industry has gotten creative with the way it adds terpenes for extra flavor, aroma, and health benefits to various products. Also known as terps, are now being added into edibles and drinks more commonly. And since more consumers are become widely educated about the importance of terpenes, some shops and businesses even allow you to browse products online or in-shop according to terpenes; the terpene profile can also be found in some labels.

 

The most common terpenes you’ll encounter include myrcene, limonene, pinene, linalool, humulene, and terpinolene among others. Aside from contributing to the flavor and aroma profile, terpenes also possess important medicinal benefits. They are antioxidant, antibacterial, anti-inflammatory, antifungal, and antimicrobial, some more than others.

 

 

Conclusion

 

Understanding what goes into each cannabis product you consume can help you tailor the overall experience and benefits you’re getting. Not only does it customize the flavor but it also helps increase the therapeutic and medicinal benefits you are enjoying even if you’re a recreational consumer. Try experimenting with these factors the next time you shop for cannabis and let us know what you think!

 

SHOPPING FOR THC, GET THE WAY TO DO IT, READ BELOW…

CANNABIS STRAINS BY TERPENES

CANNABIS STRAIN SHOPPING BY TERPENES, READ THIS!

 



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Ashamed of Your Body and Feel Uncomfortable in Your Own Skin ?

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psilcybin for body dysmorphia

Pioneering research from Columbia University in New York suggests that psilocybin, the key component in magic mushrooms, may help people with body dysmorphic disorder (BDD). The study, published in Psychedelics, looked at how psilocybin affected brain activity in BDD patients, and it found significant alterations in brain connections that might help lessen the disorder’s obsessive thinking patterns.

 

Understanding Body Dysmorphic Disorder: A Hidden Struggle Beneath the Surface

 

A severe mental illness known as body dysmorphic disorder (BDD) is typified by an obsessive, illogical fixation on perceived physical defects that are usually undetectable to others. Extreme emotional anguish brought on by these compulsive worries might result in social isolation, anxiety, and depression. BDD sufferers frequently get fixated on characteristics like body type, facial features, or skin texture. They continuously try to “correct” these flaws, usually by over-grooming, cosmetic surgery, or social distancing.

 

For many patients, especially those with severe instances, traditional therapies including cognitive-behavioral therapy (CBT) and antidepressant drugs have had only patchy success. This has left a major percentage of the BDD population in search of more effective treatments. In this recent study, a single 25 mg dosage of psilocybin, the hallucinogenic ingredient in magic mushrooms, was given to eight persons with moderate-to-severe BDD using COMP360, a synthetic formulation made by COMPASS Pathways. Brain imaging and symptom evaluations were performed on individuals following treatment to better understand how psilocybin can help those who are caught in obsessive thinking cycles.

 

Study Uncovers Long-Lasting Symptom Relief Through Psilocybin Treatment

 

The study found that a single dose of psilocybin improved brain connectivity significantly, especially in networks involved in cognitive control and emotional regulation. One of the most significant findings was increased activity in the Executive Control Network (ECN), a brain area that controls decision-making, cognitive flexibility, and goal-directed behavior. This increased connection in the ECN implies that psilocybin may aid patients in breaking away from the inflexible and compulsive cognitive processes that define body dysmorphic disorder (BDD).

 

Additionally, the ECN showed strengthened connections with the Default Mode Network (DMN), a brain region involved in self-reflection and internal thought processes, often hyperactive in individuals with BDD. The improved communication between these networks may reduce the intensity of negative self-focused rumination, allowing patients to see themselves and their perceived flaws in a less critical and more objective light. Another key player, the Salience Network, which helps the brain prioritize important stimuli and emotions, also demonstrated improved connectivity. This shift could potentially allow individuals with BDD to redirect attention away from their obsessive concerns toward more balanced and healthy thought processes.

 

Crucially, these alterations in brain connection were long-lasting. Following a single psilocybin session, research participants reported continuing remission from their BDD symptoms, with benefits lasting for as long as 12 weeks. This prolonged duration of symptom alleviation is especially significant since it implies that psilocybin’s effects on brain activity may provide long-term advantages, in contrast to traditional therapies that frequently need ongoing usage in order to preserve improvements.

 

These results demonstrate the ability of psilocybin to support long-term, more permanent changes in brain activity that promote emotional resilience and a healthy sense of self in addition to its ability to reduce symptoms in the short term.

 

A Promising Step Forward, But More Research Is Essential

 

While psilocybin therapy for body dysmorphic disorder (BDD) has advanced significantly with this trial, the researchers warn that more thorough research is required before it can be widely used. Although there is cause for optimism, the results also point to significant shortcomings that need to be resolved in more research in order to properly comprehend the safety and efficacy of psilocybin for this particular issue.

 

The small sample size of this study—just eight participants—is one of its main shortcomings. Though these were encouraging results, larger and more varied studies are needed to demonstrate that psilocybin may reliably provide comparable benefits in a broader population of BDD sufferers. It is also challenging to ascertain whether the claimed benefits were caused by the effects of psilocybin or were affected by other variables, such as the placebo effect or the controlled atmosphere in which the individuals were treated because the study did not include a placebo control group.

 

Dr. Xi Zhu, the lead researcher, and his team underline the need for randomized controlled trials (RCTs) in appropriately assessing psilocybin’s treatment potential for BDD. These studies would compare the effects of psilocybin to those of placebo or other therapies in a double-blind environment, with neither the subjects nor the researchers knowing which therapy was given. Such thorough research would give greater proof for psilocybin’s efficacy and aid in the development of standardized dose regimens, both of which are presently missing in the area of psychedelic-assisted therapy.

 

Furthermore, the precise processes behind the long-lasting alterations in brain connections that psilocybin appears to bring about and which are correlated with the alleviation of symptoms remain unclear. It will take further investigation to learn how psilocybin interacts with the brain at the molecular level and why its effects tend to last long after the substance has left the body. Comprehending these pathways may aid in the improvement of psilocybin-based treatments and may augment their efficacy.

 

The results of the study represent a significant advancement in the search for new treatments for disorders like BDD, which have traditionally resisted standard medical interventions, notwithstanding these obstacles. With the ongoing advancements in psychedelic research, psilocybin may prove to be an effective treatment for a variety of mental health conditions marked by compulsive thinking and skewed self-image, including BDD.

 

In summary, much more research is needed to confirm psilocybin’s promise as a therapy for BDD, even if the current study offers a promising basis. Progress in this study and the realization of psychedelics’ full therapeutic potential will require larger trials, placebo controls, and a better comprehension of the drug’s effects on the brain.

 

Bottom Line

 

This groundbreaking study demonstrates psilocybin’s potential as a unique therapy for Body Dysmorphic Disorder (BDD), which can provide long-term symptom alleviation by modifying brain connections. The increased connection across brain networks involved in cognitive control, emotional regulation, and self-reflection shows that psilocybin may help lessen obsessive and negative thinking patterns. While the findings are encouraging, particularly for individuals who are resistant to standard therapy, further research with bigger sample sizes and controlled trials is required to validate the efficacy and safety of psilocybin for BDD.

 

CANNABIS LOWERS BMI AND BODY INFLAMMATION? READ ON…

BMI AND CANNABIS

HOW DOES CANNABIS HELP LOWER BMI AND BODY INFLAMMATION?

 



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Cannabis Receivership Q&A Webinar: The Replay

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For anyone who couldn’t attend last Wednesday’s webinar on cannabis receiverships, we are pleased to present the replay video below. It’s also hosted on YouTube, here.

This webinar covered a lot of ground, and it was certainly timely. The following afternoon, reporting broke that Harborside, one of the biggest names in cannabis, was pushed into receivership by a secured lender.

If you’d like some context on why we held this webinar and what it’s about, check out our original blog post here.

Finally, please reach out if you want to explore insolvency or work-out options in or around a cannabis business. You can email webinar panelists Matt Goldberg here and Ethan Minkin here.

 



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