Cannabis News
Are Illicit Market Cannabis Sellers Protected from Federal Prosecution Under the Rohrabacher-Farr Amendment?
Published
1 year agoon
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The counsel representing the alleged leader of an illicit interstate marijuana operation based in Maine asserts that legal marijuana enterprises are protected from federal prosecution under a Congressional statute. Lucas Sirois, accused by federal prosecutors of masterminding a criminal enterprise involving the lawful cultivation of marijuana under Maine’s medicinal cannabis laws but illegal sales in multiple states, has pleaded not guilty to charges including drug distribution conspiracy, money laundering, fraud, and tax evasion. Sirois’s defense aims to persuade the judge that a Congressional action protects him against prosecution.
According to the Bangor Daily News and MJ BIZ, Sirois’s attorney contends that the Congressional statute shields him from legal consequences. The defense argues that the statute grants broad immunity to legal marijuana enterprises, even in cases where activities involve illegal aspects. By asserting Sirois’s involvement in the marijuana industry and relying on this protection, the defense seeks to challenge the legitimacy of the charges brought against him. Ultimately, the court will determine whether Sirois’s alleged actions fall within the boundaries of the Congressional statute intended to safeguard legal marijuana businesses from federal prosecution.
Legal Protection Claimed under the Rohrabacher-Farr/Joyce-Blumenauer Amendment
The Rohrabacher-Farr Amendment, a budget rider adopted by Congress in 2015, forbids the Department of Justice from interfering with cannabis businesses operating under state law. The Joyce-Blumenauer Amendment, as it is now called, has been extended in future Congresses, ensuring that firms having state licenses and operating within the bounds of state law continue to be protected. Regulators in Maine have verified that Lucas Sirois, who maintains a legitimate MMJ (medical marijuana) license despite being charged with a crime, is still operating.
According to the Bangor Daily News, defense attorney Timothy Parlatore filed a motion in federal court claiming that Sirois and his co-defendants should be protected under the congressional prohibition outlined in the Joyce-Blumenauer Amendment. Parlatore contends that an injunction should be granted since Sirois and his co-defendants’ alleged activities were compliant with the Maine Medical Use of Marijuana Act. Federal prosecutors dispute this claim, claiming that Sirois and his accused accomplices are ineligible for the “safe harbor” protection offered by the amendment since they are unable to demonstrate that they were in substantial conformity with Maine law.
The federal allegations against Sirois and his co-defendants allege that they sold cannabis illegally and made over $13 million over six years. In addition, they are accused of filing fake tax returns, buying banking services through a complicated business structure, and buying politicians, local prosecutors, and police officials with bribes. Six of the case’s other co-defendants have already entered guilty pleas. It’s important to note that Parlatore, the defense lawyer defending Sirois, formerly served on the legal team of former President Donald Trump but departed for personal reasons during a probe into suspected improper handling of secret data.
Understanding Cannabis Legislation and Federal Protections
The legal framework governing cannabis in the US is convoluted and conflicting. Although marijuana is legal in some states, it is still prohibited on the federal level, creating uncertainty for consumers and firms in the cannabis industry. Despite state laws allowing it, federal law enforcement agencies can continue to pursue criminal charges for marijuana-related acts.
The Cole Memo directed federal prosecutors under the Obama administration, enabling states to create their marijuana regulation frameworks. The memo was later overturned by then-Attorney General Jeff Sessions in 2018, which caused more uncertainty for the sector and highlighted the need for comprehensive government legislation.
One recent development is the SAFE Banking Act, passed by the US House of Representatives, which aims to protect financial institutions serving cannabis-related businesses. However, a broader legislative solution addressing the conflict between state and federal cannabis regulations is still under debate.
Prosecution Challenging the Claim of Federal Protection
As the case unfolds, the prosecution challenges the alleged leader’s claim of federal protection under cannabis legislation. This perspective raises fundamental questions about the legitimacy of such a defense strategy. Prosecutors scrutinize the alleged leader’s reliance on cannabis legalization and argue that it does not provide blanket immunity for illegal activities.
Conflicting marijuana laws between the federal and state governments is one of the prosecution’s main points. The federal government still considers cannabis an illicit substance, despite numerous states’ legalization of it for medical or recreational use. According to the prosecution, laws contradicting federal regulations prevent the suspected leader from seeking protection. This casts doubt on the veracity of their assertion and the overall success of state-level cannabis regulation.
To build their case, the prosecution aims to establish criminal intent on the part of the alleged leader. They contend that the individual knowingly operated outside the boundaries of the legal cannabis framework, engaging in activities that surpass the protections offered by existing laws. By focusing on intent, the prosecution seeks to undermine the claim of federal protection, arguing that it should not shield individuals who knowingly violate the law.
Additionally, the prosecution must address concerns about public safety. They emphasize that allowing an alleged leader of a multimillion-dollar illegal operation to claim federal protection sets a troubling precedent. The prosecution contends that the alleged leader’s activities pose potential risks to society and that providing federal protection in such cases could undermine law enforcement efforts and compromise public safety.
In light of these factors, the prosecution strategically challenges the claim of federal protection under cannabis legislation. By questioning the legitimacy of the defense strategy, they seek to dismantle the alleged leader’s argument and demonstrate that their illicit activities go beyond what is covered by existing laws. Ultimately, the outcome of this case could have broader implications for how cannabis legislation is interpreted and applied in similar scenarios in the future.
Bottom Line
The complexity and inconsistency of cannabis regulations in the US are highlighted by the example of the putative boss of a marijuana ring who claimed federal protection under cannabis law. While marijuana is lawful under state law, it is still prohibited at the federal level, creating uncertainty and difficulties for users and businesses in the cannabis industry. The prosecution contests the assertion of federal protection, highlighting the inconsistencies in the law and casting doubt on the putative leader’s compliance and motivation. This situation emphasizes the requirement for thorough federal legislation to resolve the discrepancies between state and federal cannabis regulations and offers clarity for the sector as a whole.
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November 14, 2024By
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In a recent interview, former New Jersey Governor Chris Christie made headlines by asserting that President-elect Donald Trump will pursue significant reforms in federal policies regarding marijuana and cryptocurrency. As the nation grapples with evolving attitudes toward cannabis and the burgeoning digital currency market, Christie’s predictions have ignited discussions about the potential implications of such changes on both industries. This article delves into Christie’s insights, the current state of marijuana and cryptocurrency regulations, and the broader implications of these anticipated reforms.
The Current Landscape of Marijuana Legislation
Federal vs. State Laws
Marijuana remains classified as a Schedule I substance under the Controlled Substances Act (CSA), which places it in the same category as heroin and LSD. This classification has created a complex legal landscape where states have moved to legalize cannabis for medical and recreational use, while federal law continues to impose strict prohibitions. As of now, over 30 states have legalized marijuana in some form, leading to a burgeoning industry that generates billions in revenue.
Challenges Faced by the Cannabis Industry
Despite its legality in many states, the cannabis industry faces significant hurdles due to federal restrictions. These challenges include:
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Banking Access: Many banks are hesitant to work with cannabis businesses due to fear of federal repercussions, forcing these businesses to operate largely in cash.
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Taxation Issues: The IRS enforces Section 280E of the tax code, which prohibits businesses engaged in illegal activities from deducting normal business expenses, leading to disproportionately high tax burdens for cannabis companies.
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Interstate Commerce: The lack of federal legalization prevents cannabis businesses from operating across state lines, limiting their growth potential.
Chris Christie’s Perspective on Marijuana Reform
Christie, a former presidential candidate known for his tough stance on drugs during his tenure as governor, has evolved his views on marijuana over the years. In his recent statements, he emphasized that Trump is likely to pursue descheduling cannabis, which would remove it from the Schedule I classification. This move would not only provide clarity for businesses operating in legal markets but also open avenues for banking and investment.
Christie highlighted that descheduling would allow for a more regulated market where safety standards could be established, thus protecting consumers. He believes that this approach aligns with a growing consensus among Americans who support legalization and recognize the potential benefits of cannabis use for both medical and recreational purposes.
The Future of Cryptocurrency Regulation = The Rise of Cryptocurrencies
Cryptocurrencies have surged in popularity over the past decade, with Bitcoin leading the charge as the first decentralized digital currency. The market has expanded to include thousands of alternative coins (altcoins), each with unique features and use cases. As cryptocurrencies gain traction among investors and consumers alike, regulatory scrutiny has intensified.
Current Regulatory Challenges
The cryptocurrency market faces several regulatory challenges that hinder its growth and adoption:
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Lack of Clarity: Regulatory frameworks vary significantly across states and countries, creating confusion for investors and businesses.
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Fraud and Scams: The rapid growth of cryptocurrencies has led to an increase in fraudulent schemes targeting unsuspecting investors.
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Consumer Protection: Without clear regulations, consumers are often left vulnerable to risks associated with volatile markets.
Christie’s Vision for Crypto Regulation
Christie believes that under Trump’s leadership, there will be an effort to find a “sweet spot” for cryptocurrency regulation balancing innovation with consumer protection. He argues that overly stringent regulations could stifle growth in this emerging sector while too little oversight could expose consumers to significant risks.
In his view, a balanced regulatory framework would include:
1. Clear Definitions: Establishing clear definitions for different types of cryptocurrencies and tokens to differentiate between securities and utility tokens.
2. Consumer Protections: Implementing measures to protect investors from fraud while promoting transparency within the market.
3. Encouraging Innovation: Creating an environment conducive to innovation by allowing startups to thrive without excessive regulatory burdens.
Christie’s insights reflect a growing recognition among policymakers that cryptocurrencies are here to stay and that appropriate regulations are necessary to foster growth while safeguarding consumers.
Implications of Proposed Reforms
Economic Impact
The potential reforms proposed by Christie could have far-reaching economic implications:
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Job Creation: Legalizing marijuana at the federal level could lead to significant job creation within the cannabis industry—from cultivation and production to retail sales.
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Investment Opportunities: Descheduling cannabis would open up investment opportunities for institutional investors who have been hesitant due to federal restrictions.
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Boosting Local Economies: Legal cannabis markets have proven beneficial for local economies through increased tax revenues and job creation.
Similarly, clear regulations around cryptocurrencies could stimulate investment in blockchain technology and related industries, fostering innovation and economic growth.
Social Justice Considerations
Both marijuana legalization and sensible cryptocurrency regulations have social justice implications:
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Addressing Past Injustices: Legalizing marijuana could help rectify past injustices related to drug enforcement policies that disproportionately affected marginalized communities.
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Financial Inclusion: Cryptocurrencies offer opportunities for financial inclusion for those underserved by traditional banking systems, particularly in low-income communities.
Political Landscape
The political landscape surrounding these issues is complex. While there is bipartisan support for marijuana reform among certain lawmakers, challenges remain in overcoming entrenched opposition. Similarly, cryptocurrency regulation has garnered attention from both sides of the aisle but requires collaboration to establish effective frameworks.
Conclusion
Chris Christie’s predictions about President-elect Donald Trump’s approach to federal marijuana descheduling and cryptocurrency regulation suggest a potential shift in U.S. policy that could significantly reshape both industries. As public opinion evolves on these issues, lawmakers have an opportunity to enact meaningful reforms that promote economic growth while ensuring consumer protection. The anticipated changes could foster a more robust cannabis industry that contributes positively to the economy and addresses social justice concerns, while clear regulatory frameworks for cryptocurrencies could encourage innovation and protect consumers in the digital economy. Stakeholders in both sectors are closely watching these developments, eager to see how potential reforms might impact their futures. While the realization of Christie’s predictions remains uncertain, it’s clear that the conversation around marijuana and cryptocurrency regulation is ongoing and far from settled.
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Webinar Replay: Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em
Published
2 days agoon
November 13, 2024By
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On Thursday, November 7th, Vince Sliwoski, Aaron Pelley and Fred Rocafort held a post election discussion “Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em”. Watch the replay!
Key Takeaways from the “Smoke ’em if You’ve Got ’em – 2024 Post Election Cannabis Wrap” Webinar:
- Panelists:
- Vince Sliwoski: Oregon Business lawyer specializing in cannabis and commercial real estate.
- Aaron Pelley: Experienced in cannabis law since Washington’s legalization in 2012.
- Fred Rocafort: Trademark attorney working closely with the cannabis team.
- Election Results Overview:
- Most 2024 cannabis ballot measures did not pass.
- Florida, South Dakota, and North Dakota saw failures.
- Nebraska became the 39th state to legalize cannabis for medical use when it passed two cannabis initiatives, Initiatives 437 and 438.
- Federal and State-Level Developments:
- Medical use is currently legal in 38 states, and 24 states allow recreational use.
- Republican support for marijuana legalization is growing.
- Federal Policy Implications:
- Schedule III Rescheduling: The process to move cannabis to Schedule III is ongoing, which could significantly impact the industry.
- Importance of Federal Appointments: The future of cannabis policy depends heavily on who is appointed to key positions in the administration.
- International and Domestic Trade:
- Schedule III status could ease import/export restrictions on cannabis.
- Unified control of House, Senate, and presidency might expedite legislative progress.
- Economic and Industry Impact:
- Cannabis stocks experienced volatility post-election, reflecting investor uncertainty.
- Federal legalization and banking reforms are crucial for industry stability and growth.
- Future Outlook:
- The potential for federal rescheduling remains strong, with hearings scheduled for early 2025.
- State-level initiatives and regulatory developments will continue to shape the industry.
“How Long Does One Puff of Weed Stay in Your System?”… This topic can be difficult to answer since it is dependent on elements such as the size of the hit and what constitutes a “one hit.” If you take a large bong pull then cough, it might linger in your system for 5-7 days. A moderate dose from a joint can last 3-5 days, whereas a few hits from a vaporizer may last 1-3 days.
The length of time that marijuana stays in the body varies based on a number of factors, including metabolism, THC levels, frequency of use, and hydration.
Delta-9-tetrahydrocannabinol, or THC, is the primary psychoactive component of cannabis. THC and its metabolites, which remain in your body long after the effects have subsided, are detected by drug tests.
Since these metabolites are fat-soluble, they cling to bodily fat molecules. They could thus take a while to fully pass through your system, particularly if your body fat percentage is higher.
THC is absorbed by tissues and organs (including the brain, heart, and fat) and converted by the liver into chemicals such as 11-hydroxy-THC and carboxy-THC. Cannabis is eliminated in feces at a rate of around 65%, while urine accounts for 20%. The leftover amount might be kept within the body.
THC deposited in bodily tissues ultimately re-enters the circulation and is processed by the liver. For frequent users, THC accumulates in fatty tissues quicker than it can be removed, thus it may be detectable in drug tests for days or weeks following consumption.
The detection time varies according to the amount and frequency of cannabis usage. Higher dosages and regular usage result in longer detection times.
The type of drug test also affects detection windows. Blood and saliva tests typically detect cannabis metabolites for shorter periods, while urine and hair samples can reveal use for weeks or even months. In some cases, hair tests have detected cannabis use over 90 days after consumption.
Detection Windows for Various Cannabis Drug Tests
Urine Tests
Among all drug tests, urine testing is the most commonly used method for screening for drug use in an individual.
Detection times vary, but a 2017 review suggests the following windows for cannabis in urine after last use:
– Single-use (e.g., one joint): up to 3 days
– Moderate use (around 4 times a week): 5–7 days
– Chronic use (daily): 10–15 days
– Chronic heavy use (multiple times daily): over 30 days
Blood Tests
Blood tests generally detect recent cannabis use, typically within 2–12 hours after consumption. However, in cases of heavy use, cannabis has been detected up to 30 days later. Chronic heavy use can extend the detection period in the bloodstream.
Saliva Tests
THC can enter saliva through secondhand cannabis smoke, but THC metabolites are only present if you’ve personally smoked or ingested cannabis.
Saliva testing has a short detection window and can sometimes identify cannabis use on the same day. A 2020 review found that THC was detectable in the saliva of frequent users for up to 72 hours after use, and it may remain in saliva longer than in blood following recent use.
In areas where cannabis is illegal, saliva testing is often used for roadside screenings.
Hair Tests
Hair follicle tests can detect cannabis use for up to 90 days. After use, cannabinoids reach the hair follicles through small blood vessels and from sebum and sweat surrounding the hair.
Hair grows at approximately 0.5 inches per month, so a 1.5-inch segment of hair close to the scalp can reveal cannabis use over the past three months.
Factors Affecting THC and Metabolite Retention
The length of time THC and its metabolites stay in your system depends on various factors. Some, like body mass index (BMI) and metabolic rate, relate to individual body processing, not the drug itself.
Other factors are specific to cannabis use, including:
– Dosage: How much you consume
– Frequency: How often you use cannabis
– Method of consumption: Smoking, dabbing, edibles, or sublingual
– THC potency: Higher potency can extend detection time
Higher doses and more frequent use generally extend THC retention. Cannabis consumed orally may remain in the system slightly longer than smoked cannabis, and stronger cannabis strains, higher in THC, may also stay detectable for a longer period.
How Quickly Do the Effects of Cannabis Set In?
When smoking cannabis, effects appear almost immediately, while ingested cannabis may take 1–3 hours to peak.
The psychoactive component THC produces a “high” with common effects such as:
– Altered senses, including perception of time
– Mood changes
– Difficulty with thinking and problem-solving
– Impaired memory
Other short-term effects can include:
– Anxiety and confusion
– Decreased coordination
– Dry mouth and eyes
– Nausea or lightheadedness
– Trouble focusing
– Increased appetite
– Rapid heart rate
– Restlessness and sleepiness
In rare cases, high doses may lead to hallucinations, delusions, or acute psychosis.
Regular cannabis use may have additional mental and physical effects. While research is ongoing, cannabis use may increase the risk of:
– Cognitive issues like memory loss
– Cardiovascular problems including heart disease and stroke
– Respiratory illnesses such as bronchitis or lung infections
– Mood disorders like depression and anxiety
Cannabis use during pregnancy can negatively impact fetal growth and development.
Duration of Effects
Short-term effects generally taper off within 1–3 hours, but for chronic users, some long-term effects may last days, weeks, or even months. Certain effects may even be permanent.
Bottom Line
The amount of time that cannabis remains in your system following a single use varies greatly depending on individual characteristics such as body fat, metabolism, frequency of use, and mode of intake. Frequent users may maintain traces of THC for weeks, whereas infrequent users may test positive for as little as a few days. Hair tests can disclose usage for up to 90 days, while blood and saliva tests identify more recent use. Urine tests are the most popular and have varying detection durations. The duration that THC and its metabolites are detectable will ultimately depend on a number of factors, including dose, strength, and individual body chemistry.
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