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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.”

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



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Cannabis Law News

Duane Morris Partner Michael Schwamm Named a “Notable Leader in Cannabis”

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Duane Morris partner Michael Schwamm has been named to Green Market Report’s 2023 list of Notable Leaders in Cannabis, which recognizes industry professionals who have demonstrated a willingness to effect meaningful change in a dynamic industry.

Read Mr. Schwamm’s profile in the publication.

Duane Morris Partner Michael Schwamm Named a “Notable Leader in Cannabis”



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Michigan Businessman Sentenced to 2+ Years In Prison for Cannabis Industry Bribes

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A Michigan businessman on Thursday was sentenced to more than two years in federal prison for bribing the former head of the state cannabis licensing board, the Associated Press reports. John Dalaly pleaded guilty to the charges in April, admitting that he had paid Rick Johnson at least $68,200 in cash and other benefits, including two private flights to Canada, and hired Johnson’s wife, who helped him fill out forms that would end up in front of the state Medical Marihuana Licensing Board, as a consultant for $4,000 a month. 

Johnson, a Republican who served as House speaker from 2001 to 2004 chaired the board for two years before it was disbanded in 2019. He has admitted to accepting at least $110,000 in bribes while head of the board and is currently awaiting sentencing. Prosecutors are recommending a six-year prison term for Johnson.

Two lobbyists have also pled guilty in the scheme.

Following Dalaly’s sentencing, U.S. Attorney Mark Totten said, “Public corruption is a poison to our democracy, and we will hold offenders accountable whenever and wherever we find them.”

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Michigan Businessman Sentenced to 2+ Years In Prison for Cannabis Industry Bribes



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NJ state panel has ordered a police officer be reinstated after she was fired for using cannabis

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Joshua Bauchner Ansell Law  co-chair of the Litigation Department, head of the Controlled Substances and Regulatory Law Department, and a member of the Community Association and Bankruptcy departments. He devotes his practice to complex commercial, class action, bankruptcy-related and securities litigation

The NJ Monitor writes

The first battle in the war over whether New Jersey law enforcement officers can use cannabis when they’re off duty is over, and the cops who want to partake in legal weed are winning.

Recent decisions from a state administrative law judge and the Civil Service Commission found in favor of a Jersey City cop who was fired after she used cannabis, with the judge ruling against the city’s claim that it can fire officers even if they use the substance legally and not on duty.

The decisions are significant not just because they appear to be the first to wade into this controversy after a handful of local leaders came out against letting their officers partake in legal weed. They are also noteworthy because Jersey City’s Democratic mayor, Steve Fulop, is seeking to become the state’s next governor. Fulop has ignored a 2022 memo issued by Attorney General Matt Platkin that says cops can use cannabis when they’re off duty.

The attorney for the officer in question did not respond to a request for comment. He is also representing three other Jersey City police officers who were fired after using cannabis. Those three cases have yet to make it to the Civil Service Commission.

Joshua Bauchner, a Woodland Park-based lawyer who specializes in civil and cannabis litigation, called the city’s actions here “distasteful.”

“It’s a travesty that Jersey City would press this case. There’s no rational basis for it,” Bauchner said.

Read more at

New Jersey cops are winning fight to use cannabis while off duty



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