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California Appeals Court Rejects Marijuana Grow Permit, Citing Federal Illegality

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In a landmark decision that highlights the tension between state and federal cannabis laws, a California appellate court ruled on October 29th that property owners can refuse to allow the transportation of cannabis across their land via easements, even when the cannabis operation is approved by local authorities.

The Second District Court of Appeal’s unanimous decision draws attention to private property rights in a context where cannabis remains federally illegal, but state law allows licensed cultivation, distribution and sale. Presiding Justice Albert Gilbert stated, “No matter how much California voters and the Legislature might try, cannabis cultivation and transportation are illegal in California as long as it remains illegal under federal law.” JCCrandall LLC v. County of Santa Barbara, Case No. B333201, 2024 WL 4599304, Oct. 29, 2024.

Unless the California Supreme Court grants review – which I would not rule out – the decision empowers private property owners to refuse to contract with cannabis businesses, and restricts local government from approving cannabis operations that implicate the property rights of neighbors who object.

The case at hand

The dispute centered around a cannabis cultivation operation in Santa Barbara County, where JCCrandall LLC challenged a conditional use permit granted by the County to its neighbor, Santa Rita Holdings Inc. The critical issue was that Santa Rita Holdings could only access its 2.5-acre cannabis farm via an unpaved road crossing JCCrandall’s property through a pre-existing easement. JCCrandall grows oats and barley.

JCCrandall’s primary concern? It raised a number of complaints with the Santa Barbara County Supervisors about truck traffic and night operations, which did not gain traction, but in the Court of Appeal JCCrandall focused on what it claimed was potential liability associated with having federally illegal substances transported across its property, even though County regulators found that the Santa Rita operation was fully compliant with state and local laws.

Key legal findings

The appellate court’s decision hinged on several crucial points:

  1. Property Rights: The court emphasized that “the right to exclude others is the essence of the right of property ownership” and classified it as a fundamental vested right.
  2. Federal Supremacy: The panel determined that allowing cannabis transportation across private property “defies the Supremacy Clause” of the U.S. Constitution.
  3. State vs. Federal Law: While cannabis might be legal under California law, the court ruled that federal law’s prohibition takes precedence in this context.

California cannabis industry implications

Legal experts suggest this ruling could have far-reaching consequences for California’s cannabis industry. Section 1550.5(b) of the California Civil Code makes contracts within California involving cannabis lawful and enforceable, and Santa Rita Holdings bet the ranch on that argument. But the Court of Appeal held that the statute could not compel a landowner to allow cannabis to travel across its property on a pre-existing easement. Licensed operators may find it harder to do business because neighbors who have property rights affected by a cannabis business can object, and, under the JCCrandall ruling, local government must yield to those objections.

An example might be a cannabis dispensary that depends on access to its parking lot via an easement or is located in a shopping center where other lessees have rights to object to tenants notwithstanding the approval of the landlord. In cultivation, many cannabis farms depend on vehicular access through easements because they are remote and do not always have direct access to public thoroughfares, or they depend on water sourced from other properties pursuant to agreements made by prior owners who grew traditional crops. These neighbors might not need to show any negative impact on their property, but can argue that they could be found complicit in federally illegal activities.

I think the most problematic language in the JCCrandall ruling is the following, which might draw the attention of the California Supreme Court and cause it to grant review: “For as long as an easement is enjoyed, its mode and manner of use shall remain substantially the same as it was at the time the easement was created. The County argues the easement was used for agricultural purposes. But there is a vast difference between legal and illegal agricultural purposes.” (Emphasis added.) If California has determined that cannabis cultivation is legal – as it has – and state courts routinely enforce contracts involving cannabis, it is a pretty bold step to declare the use of a lawful pre-existing easement illegal simply because the agricultural crop is cannabis and take away easement access from Santa Rita.

Looking ahead

This decision creates new challenges for cannabis businesses in California, and will result in more disputes among neighbors. While the Biden administration has shown signs of easing federal marijuana restrictions, this ruling demonstrates that the federal-state law conflict continues to create significant legal hurdles for the cannabis industry.

California court decisions also can be persuasive authority in other states, so we might see similar litigation (and decisions) elsewhere in the country where cannabis has been legalized.

The case serves as a reminder that despite California’s progressive stance on cannabis, federal prohibition continues to cast a long shadow over the industry’s operations and development. As the cannabis landscape continues to evolve, this ruling may prompt businesses to reassess their property arrangements and local governments will certainly have to reconsider their permitting processes to give more careful consideration to objections by neighbors who claim that their property rights are implicated by cannabis operations.

Note: This post was first published earlier this month on the Alger ADR Blog.



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How Much Money Could Your State Make by Legalizing Weed?

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As the landscape of cannabis legalization continues to evolve across the United States, a growing body of research highlights the significant financial benefits that states can reap from embracing this industry. A recent analysis reveals that states without legal cannabis are collectively missing out on nearly $5 billion in potential annual tax revenue. This staggering figure underscores not only the economic opportunities presented by a regulated cannabis market but also the costs associated with maintaining prohibition. As public opinion shifts and more states consider legalization, it is essential for policymakers to recognize both the financial potential and social responsibilities tied to this evolving landscape.

 

The Financial Impact of Cannabis Legalization

2023 cannabis tax revenue

The Rise of Legal Cannabis Markets

Since Colorado and Washington became the first states to legalize recreational cannabis in 2012, the industry has experienced explosive growth. By 2023, legal cannabis sales in the U.S. reached approximately $30 billion, with projections suggesting that this figure could exceed $50 billion by 2026. This rapid expansion has generated substantial tax revenues for states that have embraced legalization.

 

Case Studies: Successful States

 

  1. California: As the largest legal cannabis market in the country, California collected over $1.08 billion in cannabis taxes in 2023 alone. These funds are allocated to various public services, including education, healthcare, and infrastructure projects.

  2. Colorado: Since legalizing recreational cannabis in 2014, Colorado has generated over $2 billion in tax revenue. In 2023, the state reported approximately $450 million from cannabis taxes, which are used to support public schools and mental health programs.

  3. Illinois: After legalizing recreational cannabis in January 2020, Illinois saw its market flourish, generating around $451 million in tax revenue during its first year. The state has continued to witness growth, with projections indicating even higher revenues as the market matures.

  4. Oregon: Oregon’s unique taxation structure has resulted in significant revenue generation as well. In 2022, the state collected approximately $150 million from cannabis taxes, which are directed towards education and public safety initiatives.

 

The Cost of Prohibition

In contrast to the financial windfall experienced by legalized states, those that maintain prohibition incur costs associated with enforcing laws against illegal markets. Law enforcement agencies spend significant resources combating illegal cultivation and distribution of cannabis, diverting funds away from other critical areas such as education and healthcare.

 

Economic Losses from Illegal Markets

States that prohibit cannabis often find themselves grappling with unregulated markets that thrive despite legal restrictions. These illegal markets not only undermine potential tax revenues but also pose risks to public safety. Consumers may turn to unregulated sources for their cannabis needs, exposing themselves to products that could be contaminated or unsafe.

For instance, a report by the Institute on Taxation and Economic Policy (ITEP) estimates that states could generate over $13 billion annually if they legalized and taxed recreational cannabis at rates similar to those currently employed in legalized states. This figure represents a significant loss of potential funding for essential public services.

 

The Social Justice Angle

 

The war on drugs has disproportionately affected communities of color, perpetuating historical injustices that legalization could help address. Despite similar rates of cannabis use among racial groups, Black individuals are significantly more likely to be arrested for marijuana-related offenses compared to their white counterparts.

 

Legalizing cannabis offers a chance to rectify these disparities through expungement programs and equitable business opportunities within the legal market. For instance, New York’s legalization framework includes provisions for social equity applicants—individuals from communities disproportionately impacted by past drug laws—allowing them access to licenses for cannabis businesses at reduced costs. This approach not only generates tax revenue but also fosters economic empowerment within marginalized communities.

 

Public Health Benefits

 

Legalizing cannabis can also lead to improved public health outcomes. By regulating the market, states can ensure product safety and quality while reducing the risks associated with unregulated consumption. Furthermore, legalization can free up law enforcement resources that can be redirected toward addressing more pressing public safety issues.

 

Research indicates that states with legalized medical cannabis have experienced a reduction in opioid overdose deaths—approximately a **25% decrease**—as individuals turn to cannabis as a safer alternative for managing chronic pain. This shift highlights the potential health benefits of legalization beyond mere economic gains.

 

Growing Momentum for Change

 

Public opinion regarding cannabis legalization has shifted dramatically over recent years. Recent polls show that over **60%** of Americans support legalizing recreational marijuana—a stark contrast to attitudes just a decade ago when such measures faced significant opposition. This growing acceptance is prompting more states to reconsider their positions on cannabis reform.

 

 Legislative Developments

missed revenue

Several states are currently exploring or advancing legislation aimed at legalizing recreational or medicinal marijuana:

  • Florida: Advocacy groups are pushing for legalization measures as public sentiment evolves; however, recent attempts have faced challenges.

  • Ohio: Lawmakers are discussing potential legalization as part of budget considerations.

  • Pennsylvania: Proposals for legalization are gaining traction as policymakers recognize potential economic benefits.

  • Texas: Although still largely prohibitive regarding cannabis laws, there is growing momentum among lawmakers and advocacy groups advocating for reform.

 

Federal Legalization Prospects

 

The prospect of federal legalization remains a hot topic among lawmakers. If Congress were to pass legislation decriminalizing or regulating marijuana at the federal level, it could pave the way for broader acceptance and implementation across all states—potentially unlocking billions more in tax revenues nationwide.

 

Federal legalization would create a consistent regulatory framework across all states while allowing businesses access to banking services currently denied due to federal restrictions. This stability would promote further growth within the industry while ensuring consumer safety through standardized regulations.

 

 Challenges Ahead

 

Despite positive trends toward legalization, challenges remain:

 

Only 24 states have legalized cannabis for adults while 19 still impose penalties for simple possession. This inconsistency creates confusion among consumers and complicates enforcement efforts across state lines.

 

 

Individuals with medical marijuana prescriptions often face uncertainties regarding their rights in the workplace. As more states move toward legalization, ongoing discussions will be necessary to balance employee rights with workplace policies while ensuring public safety remains a priority.

 

 

Concerns about increased youth access to cannabis remain prevalent among opponents of legalization; however, studies indicate little credible evidence suggesting that legalization promotes higher rates of marijuana use among teenagers. In fact, some research suggests youth usage rates may stabilize or even decline in legalized states due to better regulation and education initiatives surrounding safe consumption practices.

 

 Conclusion

 

States that have not legalized cannabis are missing out on billions of dollars in annual tax revenue while incurring unnecessary enforcement costs associated with maintaining prohibition laws against illegal markets; successful case studies from states like California and Colorado demonstrate that embracing legalization not only presents an opportunity for increased revenue but also addresses historical injustices tied to past drug policies. As public opinion increasingly favors legalization and more jurisdictions explore legislative options for reforming their marijuana laws, it is crucial for policymakers in non-legal states to recognize both the economic potential inherent in this evolving landscape and their social responsibilities toward fostering justice within their communities. In summary, it is time for non-legal states to reconsider their stance on cannabis legalization not just for potential profits but also for social equity and community well-being; embracing this opportunity could lead to transformative change across numerous sectors while promoting justice and equality within society at large. By harnessing these financial resources through responsible regulatory frameworks based on principles of fairness and accountability, states can create lasting positive impacts that benefit all residents through enhanced public services and infrastructure development, paving the way for a more progressive future regarding marijuana policy reform nationwide.

 

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Is the DEA Rigging the Cannabis Hearings like Tyson vs. Paul?

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In a striking turn of events in the ongoing saga of marijuana legalization in the United States, the Drug Enforcement Administration (DEA) is facing a lawsuit that raises serious questions about transparency and accountability. An attorney has accused the DEA of concealing emails related to its communications with Smart Approaches to Marijuana (SAM), a prominent anti-marijuana organization. This article delves into the details of the lawsuit, the implications of these allegations, and the broader context of marijuana policy in America.

 

 Understanding the DEA and Its Role in Drug Policy

 

What is the DEA?

 

The DEA, established in 1973, is a federal agency tasked with enforcing drug laws and combating drug trafficking. It plays a crucial role in regulating controlled substances, including marijuana, which is classified as a Schedule I drug. This classification indicates that marijuana is considered to have a high potential for abuse and no accepted medical use—an assertion that many advocates dispute.

 

The Changing Landscape of Marijuana Legislation

 

Over recent years, public opinion on marijuana has shifted dramatically. As of 2024, numerous states have legalized cannabis for both medical and recreational use, reflecting changing societal attitudes. However, federal law remains unchanged, creating a complex legal environment where state laws often clash with federal regulations.

 

Spotlight on Smart Approaches to Marijuana (SAM)

Smart Approaches to Marijuana (SAM) was founded in 2013 by former Congressman Patrick Kennedy and Kevin Sabet and others who oppose marijuana legalization. The organization argues that legalizing cannabis poses risks to public health and safety, particularly for young people. SAM advocates for policies aimed at preventing substance abuse and emphasizes the need for more research into marijuana’s potential harms.

 

SAM’s Influence on Policy

 

SAM has been influential in shaping public discourse around marijuana policy. The organization has lobbied against various legalization efforts at both state and federal levels, raising concerns about addiction, mental health issues, and impaired driving associated with cannabis use. Their advocacy efforts have caught the attention of lawmakers who are cautious about fully legalizing marijuana.

 

The Allegations Against the DEA

 

 The FOIA Request

 

The controversy began when an attorney filed a Freedom of Information Act (FOIA) request on October 29, seeking access to emails exchanged between the DEA and SAM. FOIA is designed to promote transparency by allowing individuals to request access to records from federal agencies. However, according to the attorney, the DEA failed to respond within the legally required timeframe typically 20 business days.

 

Claims of Concealment

 

The lawsuit claims that the DEA intentionally concealed communications with SAM that could reveal *ex parte* discussions—conversations that occur outside formal proceedings without all parties present. Such communications could compromise the integrity of regulatory processes, especially regarding the rescheduling of marijuana.

 

The attorney argues that these hidden emails might contain crucial information about how SAM’s perspectives may have influenced DEA policy decisions concerning marijuana rescheduling. Given that the DEA has been reviewing its stance on cannabis amid shifting public attitudes, these allegations carry significant weight.

 

The DEA’s Response

 

In response to these allegations, the DEA has firmly denied any wrongdoing. A spokesperson characterized the claims as “unfounded gossip,” asserting that they comply with all legal requirements regarding FOIA requests. The agency maintains that its communications with SAM were routine interactions with various stakeholders involved in drug policy discussions.

 

 Implications of the Lawsuit

This lawsuit raises important questions about transparency within federal agencies like the DEA. If government agencies are not forthcoming with information regarding their interactions with interest groups, it can lead to public distrust and skepticism about their decision-making processes. Transparency is essential for ensuring accountability in government actions—especially in contentious areas like drug policy.

 

Potential Consequences for Marijuana Rescheduling

 

The outcome of this lawsuit could have significant implications for ongoing discussions about marijuana rescheduling. If it is revealed that SAM’s influence has played a substantial role in shaping DEA policies without proper disclosure, it could lead to calls for stricter regulations on how federal agencies interact with advocacy groups. Furthermore, this could impact debates over whether marijuana should remain classified as a Schedule I substance or be rescheduled to allow for broader medical use.

 

Navigating Conflicting Laws

 

As states continue to move toward legalization and decriminalization of marijuana, federal agencies like the DEA must navigate a rapidly changing landscape. This lawsuit highlights tensions between state-level reforms and federal enforcement policies. If federal agencies are perceived as being unduly influenced by anti-legalization groups without transparency, it could hinder progress toward more equitable drug policies.

 

Public Reaction and Media Coverage

 

Media Spotlight

 

The lawsuit has attracted significant media attention, reflecting widespread public interest in marijuana policy issues. Coverage has focused on both the legal aspects of the case and its broader implications for drug policy reform in America. Journalists have highlighted concerns about transparency and accountability within government agencies while also examining SAM’s role in shaping public perception.

 

 Shifting Public Sentiment

 

Public sentiment regarding marijuana legalization continues to evolve. Polls indicate that a majority of Americans now support legalization for recreational use, while many others advocate for expanded access to medical cannabis. As such sentiments grow stronger, any perceived obstructionism by federal agencies can lead to increased frustration among advocates and voters alike.

 

The Future of Marijuana Policy

 

As this lawsuit unfolds, it is likely to become part of a larger narrative surrounding marijuana policy reform in America. Legal battles over cannabis regulation are expected to continue as states push back against federal prohibition while advocating for more progressive policies.

 

Legislative Changes on the Horizon?

 

In addition to ongoing litigation, there are also legislative efforts at both state and federal levels aimed at reforming marijuana laws. Discussions around comprehensive cannabis reform bills have gained traction in Congress, reflecting growing bipartisan support for addressing outdated cannabis laws.

 

Conclusion

 

The lawsuit against the DEA regarding the alleged concealment of communications with Smart Approaches to Marijuana (SAM) highlights critical issues of transparency and accountability in drug policy formulation, especially as public attitudes toward marijuana evolve and states advance legalization efforts; this case underscores the necessity for open dialogue between government entities and advocacy groups—whether pro- or anti-marijuana—to ensure that policies genuinely reflect public interests rather than hidden agendas, and as the legal battle unfolds, it is poised to shape perceptions of government integrity and future directions in U.S. cannabis policy reform. In an era where transparency is essential for fostering trust between citizens and their government, this lawsuit represents just one chapter in the ongoing narrative of how America navigates its complex relationship with cannabis, an issue that continues to evolve alongside societal values and scientific understanding; moving forward into an uncertain future regarding cannabis policy, it is clear that how these discussions are handled will significantly influence not only legal frameworks but also societal approaches to substance use and public health.

 

WHO WINS AND WHO LOSES WITH SCHEDULE 3, READ ON..

https://cannabis.net/blog/opinion/cannabis-may-be-moved-to-a-schedule-3-drug-who-are-the-big-winners-whiners-and-losers

WHO ARE THE WINNERS AND LOSERS WITH A SCHEDULE 3 DRUG?



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Got Lower Back Pain? Try Some Cannabis Edibles

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Marijuana Edibles Work Well For Lower Back Pain – Edibles Are Reliable For Long-Lasting Pain Relief

 

Lower back pain is a common health condition faced by many adults aged 18 and up. According to the World Health Organization, 619 million people worldwide were affected by lower back pain in 2020 alone.


Lower back pain can be challenging to treat. It can be caused by a multitude of factors, ranging from musculoskeletal causes, bad posture, an unhealthy lifestyle, obesity, injuries, stress, or medical conditions. Sometimes, more serious cases of lower back pain can be caused by fibromyalgia, arthritis, osteoporosis, or other more serious conditions.

Prompt treatment of lower back pain is critical to improving one’s quality of life, especially if it coexists with other medical conditions. The lower back plays an important role in overall function and mobility, so without treatment, lower back pain can significantly restrict movement and affect one’s abilities to exercise and do basic tasks. In addition, it’s necessary to avoid complications.

There are several treatment options available for lower back pain, including physical therapy, medications, and perhaps lifestyle changes – depending on the cause. However, researchers have found that cannabis is particularly effective at targeting an array of pain conditions – including lower back pain.

 

Marijuana Edibles Good For Lower Back Pain


In a recent study out of Boulder, Colorado, researchers found that THC-rich cannabis edibles worked very well for patients who suffered from lower back pain.

Investigators from the University of Colorado at Boulder analyzed the impact of three edible products: high THC, high CBD, and edibles with similar amounts of CBD and THC. They were given to 249 study participants with lower back pain, who then consumed them for 2 weeks. The researchers assessed the subjective mood and pain intensity of patients at the end of the study.

“Pain intensity following edible cannabis decreased over time across all three broadly defined product groups,” they reported. However, the most significant improvements were observed among the patients who consumed the high THC edibles, while those who consumed high CBD edibles reported “short-term tension relief”.

 

“These findings support the short-term analgesic effects of THC and anxiolytic effects of CBD,” the authors concluded. They also added that the findings indicate that “…edible cannabis may be a safe and suitable alternative pain therapy for those looking to substitute more traditional pain medications,” they said.

What Other Studies Say

 

There is a growing number of medical literature supporting the efficacy and safety of medical cannabis for treating lower back pain.

A 2018 study from Israel focused on 31 fibromyalgia (FM) patients who had lower back pain. The researchers analyzed the analgesic properties of inhaled marijuana and compared it with opioids. The patients who were given inhaled marijuana with a low THC potency (under 5%) were treated for at least 6 months. Afterwards, these patients reported that they observed greater improvement in pain when they medicated with marijuana compared to just opioids.


They also reported an improvement in their range of motion after marijuana treatment though no similar improvements were observed with opioids.

 

“This observational cross-over study demonstrates an advantage of MCT (medical cannabis treatment) in FM patients with LBP (lower back pain) as compared with SAT (standard analgesic therapy). Further studies randomized clinical trials should assess whether these results can be generalized to the FM population at large,” the authors concluded.

                                                           

 

Why Edibles Work Best For Pain

 

While there are many products and methods available to medicate with cannabis for pain, it’s no wonder a great deal of patients prefer to use edibles. Compared to vaping, smoking, and topicals, edibles are superior when it comes to long-lasting pain relief because the cannabinoids in marijuana edibles pass through the liver.

The result is a much slower release into the bloodstream, providing patients with 4 up to 8 hours of pain relief. Whereas, other methods may only provide one to three hours of relief.


Additionally, when THC is metabolized in the liver, it’s converted into 11 hydroxy THC. This metabolite is much more potent than THC and can provide more effective pain relief. There are other benefits to edibles, too, such as the fact that the onset is gradual and more uniform, plus it poses no irritation to the lungs. After edibles, sublingual tinctures and oils aren’t too far off; their effects can also last as long as 8 hours. Other alternative products include capsules and pills,

 

 

Conclusion

 

Marijuana products, particularly edibles or tinctures, have been proven to be effective in helping reduce the severity of pain while one is undergoing treatment for lower back pain. The analgesic properties of THC are well-studied, though CBD isn’t far off either; depending on the patient, THC or CBD, or a dose of both, can work well to reduce pain caused by a variety of factors.

 

After all, cannabis interacts with the endocannabinoid system to efficiently treat inflammation and pain while promoting homeostasis. While many pharmaceutical medications actually work well at numbing pain, they fail to address the root cause, which is inflammation. Thanks to the availability of THC and CBD products now, individuals can say goodbye to lower back pain.

 

Depending on the severity of the condition, and whether or not other illnesses are involved, one may be able to safely medicate with marijuana to help reduce lower back pain and improve your overall quality of life. Always reach out to a medical professional with experience in treating pain with cannabis if you have questions.

 

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