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Jersey City’s Lawsuit Over Off-Duty Weed Use Is A ‘Waste Of Taxpayer Dollars’

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The New Jersey Fraternal Order of Police is lashing out against a newly filed lawsuit by Jersey City officials that seeks to undo a state policy that generally allows police officers to use marijuana while off duty, calling the legal challenge “an unfortunate waste of taxpayer dollars.”

Jersey City and its public safety director, James Shea, sued the state in federal court on Monday, arguing that the policy, released by the state attorney general’s office in February, is preempted by federal law.

The lawsuit, the fraternal organization said in a press release, risks undermining what’s otherwise clear guidance from state officials.

“The law of the State of New Jersey and the guidance from the Office of the Attorney General clearly provides that police officers may use cannabis while off duty but are prohibited from being under the influence of cannabis while engaged in the performance of their duties,” it says. “The members of the New Jersey State Lodge of the Fraternal Order of Police abide by the law and will continue to do so. Jersey City’s attempt to muddy these clear directives through frivolous litigation is an unfortunate waste of taxpayer dollars.”

Jersey City’s lawsuit cites a federal statute that prevents people who use marijuana from acquiring firearms or ammunition. It argues city officials would be forced to violate federal law under the state policy, “because they would be required, at minimum, to provide ammunition to officers who they know are users of cannabis.”

The suit also says that police who use cannabis are themselves committing felonies because they “must possess and receive a firearm and ammunition in order to be a police officers [sic].”

A plain reading of the federal firearms policy, however, suggests a different standard applies when firearms are distributed by government agencies.

Here’s the federal policy for people seeking to purchase or possess firearms with respect to marijuana: 

“It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person…is an unlawful user of or addicted to any controlled substance…”

“It shall be unlawful for any person…who is an unlawful user of or addicted to any controlled substance…to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”

And here’s the relevant exception that could apply to local law enforcement officers: 

“The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.”

The Jersey City Police Department has terminated several officers over positive THC metabolite tests and has stood firm against the state’s policy permitting off-duty cannabis use. But two administrative law judges, most recently in August, have ruled against the city and ordered the reinstatement of two fired police officers, with backpay.

Gina Coleman/Weedmaps

As Jersey City officials emphasized at a press conference Tuesday, no test is available to reliably show whether an officer is impaired by cannabis during work. Allowing law enforcement officers to use marijuana at all, officials said, puts public safety at risk and exposes the city to legal liability.

Jersey City Mayor Steven Fulop (D), who is running for governor, said on social media that there’s “no way to confirm whether cannabis was used an hour, a day, or week before a shift.”

He added that the city’s lawsuit cites “the same federal law that Hunter Biden was indicted under with regards to firearms,” referring to President Joe Biden’s son, who is facing federal charges related to allegedly possessing a gun while also being a consumer of cocaine.

The question of gun ownership and marijuana use is one that’s worked its way through federal courts in recent years, although rulings have reached different conclusions.

Earlier this month, a federal appeals court panel for the U.S. Court of Appeals for the Eleventh Circuit heard oral arguments in a case around gun ownership by medical marijuana patients. In that matter, plaintiffs are appealing a lower court judge’s ruling that upheld the federal ban.

The U.S. Court of Appeals for the Fifth Circuit, however, ruled in August that the federal ban on firearms by cannabis users is unconstitutional. A disagreement between the two circuit courts could lead the U.S. Supreme Court to take up the issue.

The Department of Justice has advised the Eleventh Circuit that it feels the Fifth Circuit ruling was “incorrectly decided,” and at oral argument asserted that “there are some reasons to be uncertain about the foundations” of that decision.

Some district courts have also ruled against the federal prohibition.

The U.S. District Court for the Western District of Oklahoma ruled in February that the ban prohibiting people who use marijuana from possessing firearms is unconstitutional, with the judge stating that the federal government’s justification for upholding the law is “concerning.”

In the U.S. District Court for the Western District of Texas, a judge ruled in April that banning people who use marijuana from possessing firearms is unconstitutional—and it said that the same legal principle also applies to the sale and transfer of guns, too.

Shortly before the Eleventh Circuit hearing, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reportedly sent a letter to Arkansas officials saying that the state’s recently enacted law permitting medical cannabis patients to obtain concealed carry gun licenses “creates an unacceptable risk,” and could jeopardize the state’s federally approved alternative firearm licensing policy.

After Minnesota’s governor signed a legalization bill into law in May, the agency issued a reminder emphasizing that people who use cannabis are barred from possessing and purchasing guns and ammunition “until” federal prohibition ends.

In 2020, ATF issued an advisory specifically targeting Michigan that requires gun sellers to conduct federal background checks on all unlicensed gun buyers because it said the state’s cannabis laws had enabled “habitual marijuana users” and other disqualified individuals to obtain firearms illegally.

Meanwhile, attorneys for Hunter Biden—who has been indicted on a charge of buying a gun in 2018 at a time when he disclosed that he was an active user of crack cocaine—have previously cited the court ruling on the unconstitutionality of the federal ban, arguing that it applies to their client’s case as well.

Republican congressional lawmakers have filed two bills so far this session that focus on gun and marijuana policy.

Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, filed legislation in May to protect the Second Amendment rights of people who use marijuana in legal states, allowing them to purchase and possess firearms that they’re currently prohibited from having under federal law.

Senate Majority Leader Chuck Schumer (D-NY) has committed to attaching that legislation to a bipartisan marijuana banking bill that advanced out of committee last month and is pending floor action.

Meanwhile, Mast is also cosponsoring a separate bill from Rep. Alex Mooney (R-WV) this session that would more narrowly allow medical cannabis patients to purchase and possess firearms.

This article originally appeared on Marijuana Moment.





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Lemon Cherry Gelato Strain: An In-Depth Guide

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Lemon Cherry Gelato is a distinctive cannabis strain that offers a delightful combination of flavors, potent effects, and versatile benefits. Whether you’re a seasoned cannabis enthusiast or a medicinal user, this strain offers something for everyone. Its cultivation can be a gratifying experience for those looking to add a high-quality, flavorful strain to their garden. As always, consume responsibly and ensure your growing practices comply with local cannabis regulations.



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Will Marijuana Reschedule Usher In the Blockbuster Era

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For a small industry, cannabis has a ton of interesting players.  But will rescheduling force everyone to become grown ups?

The marijuana industry has been around for thousands of years. In the US and Canada it was big until the 30s, then came Reefer Madness, the it was fairly low key until the 60s.  It is a key part of the counterculture era and some players still around from the era see it as more of a cause, something against and the main and pure bliss.  The bros who jumped in around 2017 see it more as a vehicle to being rich (or richer).  Steve D’Angelo, the self declared Father of the Legal Cannabis industry sees it more as yoga, a positive which “big companies” will ruin.  With rescheduling the industry will transform again, but is it moving to the Blockbuster Era?

RELATED: Science Says Medical Marijuana Improves Quality Of Life

When home video burst into the scene, it quickly gave birth to thousands of mom and pop stores who sold and rented videos. In every neighborhood one popped up and some areas had mini/local chains. This small stores helped fill and increase consumer demand. Blockbuster entered the market and soon took a commanding presence.  Following McDonald’s Ray Kroc‘s expansion philosophy, they grew quickly. At one point they were opening a new store every 24 hours. Due to size, technology and resources, they also quickly shut down the majority of their small competitors.

With rescheduling, Safer Banking and potentially more, bigger players and the mainstream industry will be taking a harder look. The industry is full of mom and pop businesses who are struggling without the resources to grow and compete for customers. Dispensaries have it hard, and yet there are few chains.  But a couple of major players coming in – a Total Wine, a Bev Mo, and all the sudden the average consumer, which makes up 90 percent of the market, is picking up a vape, a 6 pack, dinner, detergent and a $15 bottle of wine for dinner. In one stop.

“Looking out twenty years, we expect the current dispensary model to either not exist or evolve substantially. Cannabis will be sold directly to consumers (like wine clubs) and may be accessible in grocery stores, convenience stores, and online. The days of standing in line and waiting to show your ID to an armed guard before entering the waiting room are numbered.” shared Jesse Redmond, Managing Director Water Tower Research.

Another example are beer speciality stores. Even big cities like Chicago, Dallas and Seattle have less than a dozen retailers who specialize in just beer. There are over 100 distinct styles of beer, from light blond ales to creamy stouts. This doesn’t count all the brands.  Yet, beer is sold primarily at grocery, convenience and gas retailers. Their entry into the market will be a boon for brands, but troubling for dispensaries.

“Looking out twenty years, we expect the current dispensary model to either not exist or evolve substantially. Cannabis will be sold directly to consumers (like wine clubs) and may be accessible in grocery stores, convenience stores, and online. The days of standing in line and waiting to show your ID to an armed guard before entering the waiting room are numbered.”

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

In fact, the downfall of Blockbuster were grocery stores. Seeing the success of the video store, food chains began offering videos for rent of purchase, you could pick up dinner, drinks and movie in one location. The majority of the public like how easy it was and Blockbuster joined the mom and pop stores they squashed and eventually closed.

The winner are the big brands who appeal to a large customer base, they will be carried and sold in huge numbers.



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How To Tell If Your Weed Is Bad

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A myth about cannabis is it is grown in healthy, organic atmospheres – which is frankly not true. Here is how spot bad weed.

Like corn, avocados and watermelons, cannabis is sometimes hard to tell if you got the right one.  Peaches, apples, and tomatoes are easy with a squeeze, but other plants are more of challenge. Impurities are pretty common and not all growing habitats are healthy – including indoor. While 50+% of the country has access to legal weed, illicit weed still is a big part of the market, especially in states which don’t allow weed and New York which has over 1,500 unlicensed stories selling who knows what.

RELATED: Why You Should Smell Your Weed Before Buying

Figuring out if your weed is good involves seeing, touching, and smelling your buds to check for contaminants. The more you use, the more you will be able to understand quickly. Here is how to tell if you weed is bad.

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Photo by Kindel Media via Pexels

Visual Inspection

This can be done using the naked eye or a microscope. If the cannabis flowers are covered with too much shiny, crystalline substance, something could be afoot. During the harvest process, shake out buds and view the drop-off substances. Some impurities  might see include grains, crystals, or powders. If you cannot identify some of these substances, it might be good to take a pass.

RELATED: Why You Should Smell Your Weed Before Buying

Inspect by Feeling

Visual is one one or even the first step.  Pick up a bud to determine whether or not it crumbles or quickly dries out.

Smell and Taste Inspection

Before lighting up, take a whiff to get a better read. Although this only works if you’re familiar with what it should smells and tastes like. If you catch a hint or taste of chemicals or other unnatural substances, then you may have contaminated buds.

marijuana odor terpenes
Photo by LightFieldStudios/Getty Images

Inspect the Combusted Weed

When lighting rolled-up buds, check if it gives up sparks when inhaled. Also, check what the flame looks like immediately and after the weed is lit. If you hear a crackling sound when you drag on the buds, it is very possible the buds are contaminated.

Also, check the flavor and smell given of the weed; if an abnormal order is detected, stop inhaling.

Inspect The Leftovers

This is the last process. If the previous inspections did not give off any weird results, there’s still a need to observe the ash left behind. A non contaminated bud will leave dark gray ash, which is obviously dry and soft to touch. If you see jet black, hard or greasy ash, then your buds contain one or more contaminants.

Cannabis is often exposed, directly or indirectly, to contaminants. Common culprits include sugar, sand, fertilizer, hairspray, and industrial pesticides or fertilizers.

Sand is one of the natural residues that can slip past the inspection of even the most experienced cannabis connoisseurs. Sand is an unavoidable material in agricultural operations, so there’s a high chance it contaminates the products by accident. Some unscrupulous growers tend to add sand on purpose to their products because it gives the buds a shinier and heavier look. It is always advisable to shake out your buds and sift through the ground ones before packaging.

Usually in large grown operations, fertilizer can put consumers at risk of developing life-threatening ailments if inhaled. Many chemicals are used for credible reasons, such as protecting crops and maximizing growth. However,  the consumption of these hazardous chemicals over time can result in diseases such as neurotoxicity and asthma.

Other cannabis Contaminants to watch out for including fungus, mold and talc.

marijuana flower
Photo by Ben Harding/Getty Images

If you ever find yourself with contaminated cannabis buds or products, the severity of contamination determines whether or not you’ll have to dispose of them. Some contaminated buds can be cleansed with the proper materials. However, if you have no time to do this yourself, it’s best to throw them out.

It is always best to purchase from a licensed, legal store as products are more closely inspected and have more oversight to ensure consumer safety.

RELATED: Is Sticky Weed A Good Or Bad Sign?

The main objective of recognizing cannabis bud impurities is to ensure purer and smoother-hitting buds without taking in something harmful. Carefully check through your homegrown and purchased cannabis bids at all times, if not for anything, but stay safe.



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