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Ban on cannabis users owning guns is unconstitutional, U.S. judge rules

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Before we start we think this report is also relevant from public radio Tulsa published 10 April 2019

The Oklahoma Supreme Court is going to need a new justice.

With Republicans fast-tracking President Trump’s judicial nominees, 38-year-old Oklahoma Supreme Court Justice Patrick Wyrick has been confirmed for the U.S District Court for the Western District of Oklahoma.

The Senate confirmed his nomination along party lines 53–47 late Tuesday, with new rules strictly limiting time for debate over judicial nominees.

…./….

Wyrick has been mentioned as a potential U.S. Supreme Court pick for President Trump.

https://www.publicradiotulsa.org/local-regional/2019-04-10/senate-confirms-oklahoma-supreme-court-justice-patrick-wyrick-for-federal-bench

 

Reuters..

Feb 4 (Reuters) – A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year’s U.S. Supreme Court ruling that significantly expanded gun rights.

Read (paywall) 

ABC news provides more detail

OKLAHOMA CITY — A federal judge in Oklahoma has ruled that a federal law prohibiting people who use marijuana from owning firearms is unconstitutional, the latest challenge to firearms regulations after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws.

Lawyers for Jared Michael Harrison had argued that their client’s Second Amendment right to bear arms was being violated by a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms.

Harrison had been charged after being arrested by police in Lawton, Oklahoma, in May 2022 following a traffic stop. During a search of his car, police found a loaded revolver as well as marijuana. Harrison told police he had been on his way to work at a medical marijuana dispensary, but that he did not have a state-issued medical-marijuana card.

His lawyers had argued the portion of federal firearms law focused on drug users or addicts was not consistent with the nation’s historical tradition of firearm regulation, echoing what the U.S. Supreme Court has ruled last year in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment.

Federal prosecutors had argued that the portion of the law focused on drug users is “consistent with a longstanding historical tradition in America of disarming presumptively risky persons, namely, felons, the mentally ill, and the intoxicated.”

Read more at

https://abcnews.go.com/US/wireStory/judge-banning-guns-marijuana-users-unconstitutional-96907061



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The Oregonian: Naked Oregon man wounded by exploding weed pen, lawsuit claims

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Thanks to Vince Sliwoski for tipping us off to this only in Oregon story !

A man who was getting baked while bare of any clothes was seriously injured when his weed pen exploded, a lawsuit filed Friday claims.

Gustavo Mendes now seeks $230,000 from the manufacturer of the malfunctioning marijuana vaporizer and the Eugene pot shop where he bought it, according to allegations in the Lane County Circuit Court suit.

The incident happened Feb. 13, 2023 as the 28-year-old was standing in his bathroom “in a state of undress,” according to the lawsuit.

Mendes took a puff or two and realized the pen was superheating in his hands, the lawsuit says; in a flash, it exploded — spraying burning chemicals onto his eyes, torso and below his waist.

The subsequent fire on the bathroom counter and floor cost $20,000 to repair, while Mendes’ medical bills at a Springfield hospital and Gresham eye care center topped $3,500, the suit says.

After previously earning $68,000 a year as a welder, Mendes is now sensitive to light and must apply eye drops regularly, necessitating a change in careers, according to his attorney.

He had purchased the pen, branded under the name Quantum Alchemy, three days prior at Hwy 99 Cannabis Co. Both the retailer and manufacturer are named as defendants in court papers.

Quantum Alchemy’s website has expired and an email inquiry bounced back.

https://www.oregonlive.com/marijuana/2025/02/naked-oregon-man-wounded-by-exploding-weed-pen-lawsuit-claims.html

 

Quantam has been getting recall notices as far back as 2022 as this OLCC alert testifies.

nr120222-Cannabis-Product-Recall-Pesticide-Bobsled-QuantumAlchemy



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EWeb Page / SEC Docs – SEC Charges Acreage Holdings, Inc. For Accounting Violations

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ADMINISTRATIVE PROCEEDING
File No. 3-22389

January 10, 2025 – The Securities and Exchange Commission today announced settled charges against Acreage Holdings, Inc. for violating the books and records provision of the federal securities laws when it created false records regarding a transfer of approximately $4 million that was temporarily moved into the company’s bank account a few days before the end of Acreage’s 2019 fiscal year.

According to the SEC’s order, Acreage caused an affiliated entity to transfer approximately $4.2 million into Acreage’s bank account on December 26, 2019, with the express understanding that Acreage would return the full amount at the beginning of the new year, which it did on January 3, 2020.  Acreage then allegedly created journal entries and other records that mischaracterized the round-trip transfer, first as a repayment of debt owed by the affiliate and later as a short-term loan to Acreage.  The SEC’s order further finds that after certain employees’ concerns about the round-trip nature of the transaction were escalated to a member of Acreage’s board of directors, Acreage recorded an additional journal entry that effectively reversed the transaction.

The SEC’s order also finds that during the audit of Acreage’s fiscal year 2019 financial statements, Acreage created and provided written documents to the accounting firm conducting the audit that misrepresented and omitted material facts about the round-trip cash transfer.  As a result, the SEC’s order finds that Acreage violated Section 13(b)(2)(A) of the Securities Exchange Act of 1934 by failing to make and keep books, records, and accounts that accurately and fairly reflected the round-trip cash transfer.

Without admitting or denying the findings in the SEC’s order, Acreage agreed to cease and desist from committing or causing violations or future violations of Section 13(b)(2)(A), and to pay a civil penalty of $225,000.

The SEC’s investigation was conducted by Kiran Patel, Nandy Celamy, Russel Feldman and George N. Stepaniuk, and was supervised by Thomas P. Smith, Jr., all of the New York Regional Office.



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Homberg Leaves Dentons For New Post At Gunnercooke

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Peter Homberg writes on Linked In Today

After more than 12 exciting years at Dentons, I’m delighted to share that I have joined the international law firm gunnercooke.

I’m excited to offer my clients truly exceptional service, leveraging gunnercooke’s flexibility, innovation, and collaborative culture to support them closely through their legal challenges, while also shaping and expanding my practice in a direction I’m passionate about.

I look forward to the many exciting projects and cases to come, please reach out if you’d like to know more.

 



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