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Anti-Rescheduling Parties Ask Court To Stay Schedule III Cannabis Order

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Anti-Rescheduling Parties Ask Court To Stay Schedule III Cannabis Order

A national organization that promotes drug-free workplaces and a pharmaceutical company that specializes in cannabinoids filed a petition in federal court on June 9 to try to stop the Trump administration’s immediate devolution of medical cannabis.

The National Drug and Alcohol Administration Association (NDASA) and MMJ International Holdings, whose subsidiary has an active DEA Schedule I analytical laboratory registration, asked the U.S. Court of Appeals for the District of Columbia Circuit on April 22 to stop U.S. Attorney General Todd Blanche from acting. signed an order reclassifying the state license for medical cannabis to Schedule III until the court case to set aside the entire order is decided.

The plaintiffs argue that the court must consider four factors:

  1. A lawsuit between the human rights group NORML and the Drug Enforcement Administration (DEA) nearly 50 years ago;
  2. The transfer order “illegally” bypassed regulatory notice and comment;
  3. Two plaintiffs will “suffer irreparable harm” without a stay; and
  4. The balance of equity and public interest.

To read the rest of this article on Cannabis Business Times, Click here

Post Parties opposing deadline ask court to delay Schedule III cannabis order first appeared on Marijuana Retail Report – News and information for cannabis retailers.

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The case will be heard from June 29 to July 15

The Drug Enforcement Administration is beginning hearings on a proposal to reclassify recreational cannabis under federal drug law. DEA medical cannabis has been transferred in FDA-approved drugs and from state-licensed operators in April, marking the most significant change in US cannabis policy in half a century.

The DEA hearing, scheduled for June 29-July 15, is to consider the agency’s May 21 proposal to move hemp from Schedule I of the federal Controlled Substances Act (CSA) to Schedule III. Such a step would have a significant influence on a regulated adult cannabis industry that would be exempt from punitive tax policies for businesses that sell Schedule I drugs.

Cannabis reform advocates fear exclusion from hearings

Because transfer proposal established by the DEA, the agency will act as an advocate for reform through hearings. As a result, only individuals and groups opposed to relocation will be allowed to testify, which has made many cannabis reform advocates skeptical of the process.

The National Marijuana Law Reform Organization attempted to testify at the hearing arguing that hemp should be excluded from the CSA entirely.

“Marijuana cannot legally remain in Schedule I,” said Joseph A. Bondi, chairman of NORML’s board of directors. statement from the Cannabis Policy Reform Advocacy Group. “But Schedule III is not the end of the road. It is, at most, an interim fix. It does not address the federal government’s failure to recognize legal cannabis users of legal age under state law.”

To read the rest of this article on Forbes, Click here

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Justice Neil Gorsuch’s opinion is narrow in scope

The US Supreme Court unanimously sided with the man who was charged with possession of a weapon while being a habitual user of marijuanaruling that the government’s actions violated the Second Amendment.

The opinion, written by Justice Neil Gorsuch, is narrow in scope and does not completely overturn the federal law known as 922(g)(3), which prohibits people who illegally use controlled substances from owning or purchasing firearms.

But it says that in the case of the man in the case, Ali Daniel Hemani, it is unconstitutional to automatically bar people from legally owning guns just because they occasionally use marijuana.

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Nebraska Attorney General Mike Hilgers had no immediate comment

The Republican attorneys general of Nebraska, Indiana and Louisiana filed a lawsuit over the Memorial Day weekend to stop Trump’s Justice Department order to reclassify marijuana as a less harmful drug.

The lawsuit, which the U.S. Court of Appeals for the District of Columbia Circuit has consolidated with a similar lawsuit by marijuana opponent Smart Approaches to Marijuana, alleges that the Trump administration bypassed its normal rulemaking process.

The AGs argue that the waiver of normal public notice and comment periods jeopardizes the validity of the changes and write that reclassifying marijuana could also violate the 1967 International Narcotics Control Treaty.

Nebraska Attorney General Mike Hilgers had no immediate comment through a spokesman Wednesday, but he said many Nebraska law enforcement officials disagree with the president’s push to change how federal agencies classify marijuana.

The lawsuit challenges the federal government’s workaround, which essentially makes it a middleman that buys the drug from manufacturers, adds a nominal fee, and sells it back to meet the contract’s requirements.

Hilgers argued that loosening federal restrictions on marijuana as a Schedule I drug, like LSD and heroin, to a Schedule III drug, along with Tylenol with codeine, could make it easier to legalize recreational products.

To read the rest of this article on the Nebraska Examiner, Click here

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