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Federal Court Reaffirms Medical Cannabis Patients’ Gun Rights Are Constitutionally Protected

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Federal Court Reaffirms Medical Cannabis Patients' Gun Rights Are Constitutionally Protected

The 11th District Court of Appeal at the US on Wednesday ruled in favor of a group of patients with medical cannabis in Florida, who claimed that their prevention from possession of weapons due to their medical practices prescribed by the doctor is unconstitutional, Reuters Reports.

Federal law prevents anyone who consumes a federal controlled substance – such as cannabis, which remains the program under federal law – from the legally possession of firearms. However, the lawsuit depends on a 2022 Supreme Court ruling that requires that weapons restrictions be “in accordance with the historical tradition of this nation of firearm.”

Originally accompanied by the then agricultural commissioner Florida Nikki Fried (D), plaintiffs filed their lawsuit in 2022arguing that federal policy violates the second change of patients with state -approved medical cannabis. The lawsuit also claimed that politics violates a provision of the Congress budget to prevent federal interference in state -level cannabis programs.

“As we have argued since the beginning of this case, the 2nd change does not allow the federal government to categorically consider all marijuana medical patients to be very dangerous to exercise their essential constitutional rights.” – William Hall, lawyer for plaintiffs in Jones Walker, in a statement

It is the second major victory for the owners of cannabis patient weapons this year after the 5th District Court of the US in January Riafirmova that the federal pursuit of a Mississippi man who was caught possessing a firearm while also consuming cannabis had violated the second change.

Center in Portland, Oregon, Graham is the lead editor of Ganjapreneur. He has written about the legalization landscape since 2012 and has contributed to Ganjapreurur since our official beginning in …

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DEA Argues in Favor of Moving Cannabis to Schedule III

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DEA Argues in Favor of Moving Cannabis to Schedule III

The DEA’s long-awaited administrative hearing on moving cannabis from Schedule I to Schedule III opened this week with the agency making it clear that it supports the move, Cannabis Business Times reports.

According to the report, DEA attorney James Schwartz told the court that the government would call only two witnesses, a scientist and a doctor, to support the proposed rule.

At the start of the hearings, the fact that no pro-rescheduling parties were invited prompted some advocates to question whether the agency was setting the table against its own rules, while others read it as complying with a Trump directive to move the rule quickly.

Writing in one op-ed for Marijuana Moment, Cat Packer of the Drug Policy Alliance offered a firsthand account detailing this point: her organization asked to participate as an interested party and was denied, along with requests from groups including NORML, the Marijuana Policy Project, the Cannabis Regulators of Color Coalition, the Latino Cannabis Alliance, the Law Enforcement Center for Law Advocacy, Law Prevention, the Party of Rebolli & Politics, Women and Supernova Students for Sensitive Drug Policies. Packer wrote that the seven parties the DEA has designated to participate all have one thing in common: Each of them opposes reprogramming. Access to the hearing was also limited, with no live stream, video stream or public audio feed.

DEA attorney Schwartz reportedly stressed that the hearing is not about recreational use or legalization, but rather whether cannabis has a “currently accepted medical use.” Under the CSA’s regulatory framework, if cannabis has even one accepted medical use, it cannot remain in Schedule I. The government’s first witness, FDA scientist Dominic Chiapperino, testified that his team’s review supports placing cannabis in Schedule III. A second government witness, Dr. Corey Burchman, testified about his clinical experience helping patients transition from opioids to cannabis, and discussed the relative risks of each.

The federal effort to reclassify cannabis began under the Biden administration in the year 2023 following an HHS finding, cannabis has accepted medical use for some conditions. After numerous delays, the Trump administration sped up the process with an executive order directing the agency to continue the proceedings. The hearing began on June 29 and is scheduled to run as a two-week proceeding, with testimony and cross-examination continuing through mid-July and ending no later than July 15.

Although moving cannabis to Schedule III could remove some of the financial hurdles legal cannabis brands currently face, it would not federally legalize cannabis, create a legal market, or provide any relief to people currently incarcerated for cannabis convictions. Reprogramming also won’t end federal criminalization, resolve the conflict between federal and state law, or build the comprehensive regulatory framework the country needs: Congress will have to address these questions head-on for any meaningful change to occur.

Ganjapreneur: Providing everyday knowledge since 2014, the leading digital business magazine for cannabis industry professionals. to join our community of over 40,000 cannabis entrepreneurs.

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Ballot Iniatives

Idaho Judge Rules Cannabis Petition Signatures Delivered 5 Minutes Late Can’t Be Counted

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Idaho Judge Rules Cannabis Petition Signatures Delivered 5 Minutes Late Can't Be Counted

An Idaho judge blocked the counting of signatures for a citizen-driven medical cannabis initiative submitted minutes late to the county clerk. Idaho Capital Sun reports. Judge W. Reed Cotten, in his June 18 ruling, rejected the Natural Medicine Alliance’s claims that the Minidoka County Clerk’s Office was open at 5:05 p.m. — when a contractor arrived to deliver the petition signatures.

Days after the contractor gave up the set of signatures, Minidoka County Clerk Tonya Page ruled that the 900 signatures would not be counted, despite the employee accepting them, because they were late. Jeremy Chou, an attorney for the Natural Medicine Alliance asked Page to reconsider, asserting that the contractor showed up at the office minutes before the office closed — not five minutes after. In her letter to Chou, Page disagreed, stating that security camera footage “clearly” showed the contractor arrived five minutes late.

In the ruling, Cotten explained that at 5:05 p.m. an employee of the county clerk’s office opened the front door and told the contractor the office was closed and locked the door. Another employee, who was leaving for the day, answered the door and, according to Cotten, “Fearful of escalating a potentially contentious situation and wanting to resolve the matter as quickly as possible, this employee agreed to receive the petitions but informed the contractor that the petitions would still be late.”

Page told the Sun that the office has “never had this problem before” with ballot signatures and that typically signatures flow, not in large groups.

Despite missing 900 signatures, Amanda Watson, a spokeswoman for the Idaho Natural Medicine Alliance, told the Sun that the organization “received a very significant number of signatures over the required amount” and is “confident” the question will appear on the November ballot.

Ganjapreneur: Providing everyday knowledge since 2014, the leading digital business magazine for cannabis industry professionals. to join our community of over 40,000 cannabis entrepreneurs.

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Trump Admin Asks Congress to Regulate Full-Spectrum Hemp Products or Delay Federal Crackdown

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Trump Admin Asks Congress to Regulate Full-Spectrum Hemp Products or Delay Federal Crackdown

The Trump administration this week asked Congress to either regulate full-spectrum hemp CBD products or delay an upcoming federal crackdown targeting hemp-derived THC products. Marijuana moment reports.

Russell T. Vought, who has served in the administration as director of the Office of Management and Budget since February 2024, called for the reforms Wednesday in a paper addressed to Rep. Mike Johnson (R), Speaker of the House of Representatives.

The letter states that the White House “strongly supports” changing federal law to regulate specific hemp products instead of banning the category entirely — “or, at the very least, an extension of the implementation of the regulatory framework” that will take effect in less than five months.

Currently, it is governed by a federal spending bill that President Trump (R) signed into law At the end of last year will come into effect on November 12, which contain new THC restrictions that ban almost all consumable hemp products.

The president said on social media in April that lawmakers should pass legislation protecting Americans’ access to full-spectrum hemp CBD products.

Based in Portland, Oregon, Graham is the editor-in-chief of Ganjapreneur. He has been writing about the legalization landscape since 2012 and has contributed to Ganjapreneur since our official launch in…

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