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Did the Supreme Court Kill Cannabis Resheduling with their Chevron Case Ruling, Yes or No?

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Schedule III Rescheduling might have just died

As many of you know, I’ve never been a fan of rescheduling cannabis to Schedule III. It’s a half-measure that doesn’t address the core issues of prohibition, and ironically, it’s one of the few things I find myself agreeing with prohibitionists on. Who would have thought?

But here we are in 2024, and it seems the Supreme Court has just thrown a massive wrench into the whole rescheduling process. And you know what? I can’t say I’m too broken up about it. The move to Schedule III always felt more like a political stunt to me – a way for the Democrats to claim a win without actually solving the problem. It’s the kind of move that looks good on paper but does little to address the real issues facing cannabis users and the industry.

Today, we’re diving into a recent SCOTUS ruling that’s sending shockwaves through the regulatory world. It’s all about something called the Chevron doctrine – a legal principle that’s been around since the ’80s and has played a huge role in how government agencies interpret and enforce laws. The Court’s decision to overturn this doctrine has some serious implications for cannabis regulation, and specifically, for the proposed move to Schedule III.

Now, I know what some of you might be thinking: “Great! Less regulation is always better for cannabis, right?” Well, not so fast. As much as I’m not a fan of excessive regulation, this ruling might actually create more chaos and uncertainty for the cannabis industry in the short term. And let’s be real – uncertainty is the last thing this industry needs right now.

So, buckle up, folks. We’re about to take a deep dive into the world of administrative law, regulatory authority, and what it all means for the future of cannabis in America. It’s not the sexiest topic, I know, but trust me – this ruling could have a massive impact on the industry we all care about. Let’s get into it!

 

So, what’s this Chevron business all about? Let’s break it down.

The Chevron doctrine, named after a 1984 Supreme Court case, has been a cornerstone of administrative law for nearly four decades. In essence, it told courts to defer to federal agencies’ interpretations of ambiguous laws, as long as those interpretations were reasonable. The idea was that agencies, with their specialized expertise, were better equipped to fill in the gaps left by Congress.

But last week, the Supreme Court’s conservative majority decided to toss this longstanding principle out the window. In their ruling, they essentially said, “Nah, we don’t trust these agencies anymore. Courts should be the ones interpreting the law, not bureaucrats.”

Now, you might be wondering, “What does this have to do with weed?” Well, buckle up, because it has everything to do with it.

See, the whole process of rescheduling cannabis to Schedule III was based on the idea that the DEA and FDA had the authority to interpret and apply the Controlled Substances Act. With Chevron gone, that authority is now on shaky ground. It’s like the refs changed the rules in the middle of the game, and now everyone’s scrambling to figure out what’s legal and what’s not.

For the cannabis industry, this means the path to Schedule III just got a whole lot rockier. Before, if someone challenged the rescheduling, courts would have likely deferred to the DEA’s decision. Now? It’s open season. Any judge can look at the Controlled Substances Act and decide for themselves whether the DEA has the power to reschedule cannabis at all.

And let’s be real – the chances of Schedule III happening anytime soon just went from slim to practically non-existent. It’s like trying to hit a moving target while blindfolded and standing on one foot. Good luck with that.

But here’s where it gets really nasty. You know those anti-cannabis groups like Smart Approaches to Marijuana (SAM)? They must be dancing in the streets right now. This ruling hands them a shiny new weapon to use in the courts. They can challenge every single move towards legalization or rescheduling, arguing that agencies are overstepping their bounds.

Imagine this: Every time a state tries to implement new cannabis regulations, or the feds make any move towards loosening restrictions, SAM and their buddies can run to the courts. They’ll argue that these actions go beyond what Congress explicitly authorized. And with Chevron gone, they’ve got a much better shot at winning these cases or at least tying things up in the legal system for years.

It’s like giving prohibitionists a legal sledgehammer. They can use it to smash any progress we’ve made, all while claiming they’re just upholding the “true meaning” of the law.

So, while the death of Chevron might sound like some dry legal mumbo-jumbo, it’s actually a game-changer for cannabis policy. And not in a good way. We’re in for a bumpy ride, folks.

Alright, I know I’ve been painting a pretty grim picture here, but hear me out – there might actually be a silver lining to this whole mess. And it’s a big one.

Let’s be real for a second: Schedule III was never the promised land we were hoping for. Sure, it sounded nice on paper, but in reality? It was just handing cannabis over to Big Pharma on a silver platter. It wouldn’t have legalized weed for the average Joe – it would have just made it easier for pharmaceutical companies to profit off it while the rest of us still faced legal risks.

So here’s the twist: with Schedule III now stuck in legal limbo thanks to the Chevron ruling, and with groups like SAM chomping at the bit to challenge every little move, we might actually have a shot at something better. I’m talking about full legalization or complete removal from the Controlled Substances Act. Yeah, you heard that right.

Now, I’m not saying it’ll happen overnight. We’re probably looking at years of legal battles and political maneuvering. But here’s the thing: the regulatory nightmare created by ditching the Chevron doctrine could take even longer to sort out. So in a weird way, this chaos might force Congress to finally step up and do something decisive.

Let’s not forget, Congress is the reason we’re in this mess in the first place. They enacted the CSA over 50 years ago based on a bunch of faulty narratives and racist fearmongering. And we’ve been paying the price ever since. But now? They might not have a choice but to fix their mistake.

The truth is, to really solve this problem, Congress needs to legalize cannabis at the federal level. That’s where the real battle is going to happen, folks. And if you ask me, it’s high time for cannabis companies to band together and start lobbying hard for this. We’re talking about forming a united front, pooling resources, and making our voices heard in the halls of power.

Because let’s face it – the current state of affairs, including this whole Schedule III business, doesn’t serve the best interests of the people. It’s a half-measure at best, and at worst, it’s a way to keep control in the hands of big corporations and government agencies.

So yeah, it might seem counterintuitive, but this Supreme Court decision could actually be the first domino to fall in the path towards real, meaningful legalization. Not this phony Schedule III Big Pharma dream, but actual freedom for cannabis users and small businesses.

It’s going to be a long, hard fight. But for the first time in a while, I’m feeling optimistic in a manner of speaking. This could be our chance to push for what we really want, not just settle for what the government is willing to give us. So let’s roll up our sleeves and get to work. The real battle for cannabis freedom is just beginning.

Alright, folks, let’s cut to the chase. It’s time to get off our collective asses and do something about this mess. The days of sitting back and hoping for change are over. We need to start making some noise.

First things first: start talking to your representatives. I mean really talking to them, not just firing off a quick email. Educate them, and while you’re at it, educate your friends, family, and anyone who’ll listen. It’s time to undo these dangerous prohibition policies that have been screwing us over for decades.

And let’s think bigger. The Controlled Substances Act isn’t just flawed when it comes to cannabis – it’s a hot mess across the board. It’s not based on science, it’s not helping public health, and it’s only benefiting a select few. I say it’s time we renegotiate the whole damn thing.

Now, I know what you’re thinking. “But it’s an election year!” You’re right, and realistically, nothing major is going to happen on the federal level until after the dust settles. But that doesn’t mean we can’t start laying the groundwork.

Come 2025, it’s time to become full-fledged activists. I want you calling your representatives so much their ears start bleeding. Make it impossible for them to ignore us. Let them know in no uncertain terms that we want cannabis completely legal, not this half-assed rescheduling nonsense.

And don’t let up. The support for legalization is growing every day. Make sure they know that. Make sure they understand that this isn’t just about getting high – it’s about personal freedom, medical access, criminal justice reform, and economic opportunity.

As for me? Well, you know I’m not going anywhere. I’ll keep doing what I do best – exposing the government’s shitfuckery and educating people on how we can fight back. I’ll keep shining a light on the hypocrisy, the lies, and the special interests that are keeping cannabis illegal.

But I can’t do it alone. This is a fight we all need to be in. So get informed, get angry, and most importantly, get active. The path to legalization isn’t going to be easy, but nothing worth fighting for ever is.

Remember, change doesn’t come from the top down – it comes from the bottom up. And right now, we’re the bottom pushing up against decades of bullshit. So let’s push hard, let’s push together, and let’s not stop until we get the legalization we deserve.

The sticky bottom line? The future of cannabis is in our hands. Let’s not fuck it up.

SOURCE: Marijuana Moment

 

MORE ON THE SCOTUS CHEVRON RULING, READ BELOW…

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HOW DID A COURT CASE AGAINST CHEVRON WRECK THE WEED INDUSTRY?



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Webinar Replay: Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em

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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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

Watch the replay!



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I Had Just One Puff

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“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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HOW LONG DOES WEED STAY IN YOUR URINE FOR A DRUG TEST?



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Is Kratom Addictive? Understanding Dependence, Risks, and Safe Usage

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Is kratom addictive? Discover the potential for dependence on Kratom, the risks involved with its use, and how to approach its consumption responsibly.

From 2011 to 2017, over 1,800 calls to poison centers involved kratom in the U.S. This significant number highlights the concern regarding kratom addiction.

However, without Food and Drug Administration (FDA) oversight, and due to various consumption methods like teas and capsules, there are significant health risks. Safe use of kratom is now in question due to these issues.

Research debates how dependence develops, outlining signs like loss of control and withdrawal symptoms. These signs are seen in regular kratom users. Ironically, some people switch from drugs like heroin to kratom, looking for a legal alternative.

Understanding Kratom: Origins and Prevalence

Kratom comes from the Mitragyna speciosa tree in Southeast Asia. It can act like a stimulant or like opioids, based on how much you take. People use it in different ways, for a small energy boost or stronger effects at higher doses.

The legal status of kratom in the U.S. is complicated and changing. It’s a hot topic because some worry about its misuse. It’s still legal in several states. This shows how different places handle drug rules. The National Institute on Drug Abuse is looking into its medical benefits. But, the FDA hasn’t approved it for medical use yet. The DEA calls it a “drug of concern,” which means policies might change.

  • From 2011 to 2017, poison control centers in the U.S. got over 1,800 reports about kratom. This shows it’s widely used and might pose health risks.

  • Kratom’s main ingredients bind to opioid receptors very strongly, stronger than morphine even. This fact is key to understanding its effects.

  • As more people use kratom, more are reporting serious health problems. These include liver and heart issues, and tough withdrawal symptoms, particularly in those already sick.

The statistics show mounting worries about kratom in the U.S. As its use grows, it’s becoming more important to health policies and laws. What happens next will depend on further research and legal decisions.

Is Kratom Addictive: Investigating the Substance’s Nature

The question of kratom’s addictiveness focuses on how it affects brain receptors and its long-term health implications. The ongoing debate highlights concerns about dependence and the risk of addiction. Scientists are closely looking at these issues.

How Kratom Works in the Brain

Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, bind to the brain’s opioid receptors, similar to painkillers and narcotics. This connection suggests a potential risk of dependence. These alkaloids are key to kratom’s pain relief but also point to possible addiction concerns, especially with frequent, high-dose usage.

Patterns and Consequences of Long-term Use

  • Using kratom often, especially in large doses, can increase the risk of dependence and intense withdrawal symptoms, similar to opioid withdrawal.

  • Although some use it for pain or to improve mood, long-term kratom users might see serious health problems, like liver damage and mental health issues.

  • Withdrawal symptoms, including irritability, nausea, and sleep problems, show kratom’s impact on one’s physical and mental health.

Assessment of Addiction Risks

Studies indicate a significant risk of addiction to kratom, especially with high doses or frequent use. Dependence develops as the body gets used to kratom, leading to tolerance and a need for more to feel its effects. Withdrawal symptoms emphasize this risk, as highlighted by health experts.

Physiological Effects: Kratom’s Impact on the Body

There is a lot of debate about the safety and use of kratom. This herbal extract comes from the Mitragyna speciosa plant. It has drawn attention for its possible harmful effects on the body. The FDA has issued many warnings about kratom, raising safety concerns.

  • Kratom Adverse Effects: Kratom users have reported side effects like nausea, vomiting, and confusion. More serious issues include high blood pressure and liver damage. These problems highlight the risks of using kratom.

  • Herbal Extract Safety: Some kratom products contain heavy metals and pathogens. These can cause severe health issues, including death. This shows the importance of safety in herbal products.

  • FDA Warnings and Regulations: The FDA has linked kratom to over 35 deaths and warns against using it. They point out the lack of medical uses and the risk of addiction.

  • Physiological Impact: Kratom’s effects depend on the dose and the user’s body. Yet, it can lead to dangerous outcomes like liver damage and seizures.

  • Safety Concerns from Authorities: Federal agencies like the DEA are worried about kratom’s safety. Although not a controlled substance, monitoring suggests users should be careful.

Kratom might offer temporary relief for some ailments, but it comes with significant risks. The FDA’s warnings should make people think twice. If considering kratom, it’s crucial to talk to a doctor first. Experts stress the need for safety and caution with herbal extracts.

Conclusion

Kratom’s role in health and regulation is complex, with views and research findings widely varied. Some people use kratom for its claimed health benefits, but it’s a hot topic. Experts advise caution and suggest consulting a doctor before using kratom due to the unclear effects.

Clinical studies using scores like SOWS and COWS haven’t confirmed withdrawal symptoms from kratom. This adds to the debate, especially when some users report withdrawal. This makes kratom a controversial subject among different findings and user experiences.

When it comes to treating opioid addiction, kratom can be both helpful and harmful. Some have used it successfully to fight addiction. Yet, some states have banned it. This highlights the need for regulations and consistent product quality. It also raises questions about kratom’s legal status due to mixed actions by authorities.

The situation shows how complex kratom is in the realm of substance use and law. Without clear evidence supporting either its benefits or risks, it poses a challenge. More research is needed to guide regulations and health advice. For now, anyone thinking of using kratom should be careful, seek medical advice, and keep up with laws and health guidelines.

 

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WHAT IS KRATOM

WHAT IS KRATOM AND WHY ARE YOU HEARING ABOUT IT NOW?



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