All about Cannabis
Gun Ban for Cannabis Users Unconstitutional: U.S. Judge – Cannabis | Weed | Marijuana
Published
8 months agoon
By
admin
A U.S. judge has ruled a gun ban for cannabis users unconstitutional. U.S. District Judge Patrick Wyrick made the ruling on February 3rd, 2023.
It began when Lawton, Oklahoma, police arrested Jared Michael Harrison in May 2022 during a routine traffic stop. They searched his car and found a loaded revolver and cannabis. Harrison worked in the state’s legal, medical cannabis industry but lacked proper paperwork.
Over the next eight months, Harrison’s lawyers would argue that the government violated their client’s Second Amendment rights.
And indeed, if you’ve ever filled out ATF Form 4473, you’ve come across question 21e.
“Are you an unlawful user of, addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
Even if cannabis is legal in your state, you’re still prohibited from owning a firearm. Answering “no” could see you charged for lying under oath.
Interpreting the Second Amendment
Judge Wyrick, appointed by Donald Trump in 2018, sided with Harrison’s right to bear arms. He cited a U.S. Supreme Court ruling that dealt with a Second Amendment interpretation.
In New York State Rifle & Pistol Association v Bruen, the Supreme Court found that New York’s restrictions on concealed carry violated the Fourteenth Amendment by stopping “law-abiding citizens with ordinary self-defense needs.”
New York’s gun owners brought the challenge forward. They felt that handing out gun licenses only to individuals with “proper cause” violated the Constitution.
The Supreme Court agreed. Justice Clarence Thomas wrote that the Second Amendment was not some “second-class right,” that doesn’t “require individuals to demonstrate to government officers some special need.”
Referencing this case, Judge Wyrick ruled that stripping cannabis users like Harrison of their Second Amendment gun rights was unlawful.
“For all the reasons given above, this is not a constitutionally permissible means of disarming Harrison,” Judge Wyrick said.”
Most expect the U.S. Department of Justice to appeal the ruling that makes gun bans for cannabis users unconstitutional.
Gun Ban for Cannabis Users Unconstitutional Because Prohibition is Unconstitutional
Although the Second Amendment says “the right of the people to keep and bear Arms, shall not be infringed,” the Gun Control Act of 1968 prohibits individuals who are “unlawful users of or addicted to any controlled substance” from owning or possessing firearms.
Yet, the U.S. Constitution says nothing about “controlled substances.” The fact is – cannabis prohibition is unconstitutional. The Fifth and Fourteenth Amendments expressly protect the rights to life, liberty, and property and guarantee equal protection under the law.
However, courts have generally upheld the constitutionality of federal and state laws that prohibit the use, possession, and sale of cannabis. Just as they’ve upheld restrictions on free speech despite the Constitution being clear as day.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
It doesn’t get any clearer than that. So how can politicians and judges routinely violate the unequivocal terms in the U.S. Constitution?
Easy, according to law professor John Hasnas. There is a difference between “law” and “order.”
The Difference Between “Law” and “Order”
Hasnas argues that there are no neutral interpretations of legal reasoning. Meaning that all legal reasoning is inherently value-laden and reflects the personal and political biases of those interpreting the law.
Hasnas writes that all legal concepts, including the idea of neutrality, are not objectively defined but shaped by cultural and political forces. This means that legal reasoning can never be neutral and that the values and beliefs of the interpreter always influence any interpretation of the law.
Hasnas writes,
The fact is that there is no such thing as a government of law and not people. The law is an amalgam of contradictory rules and counter-rules expressed in inherently vague language that can yield a legitimate legal argument for any desired conclusion. For this reason, as long as the law remains a state monopoly, it will always reflect the political ideology of those invested with decision-making power.
For these reasons, Hasnas argues for ending the state monopoly on law. Continuing,
Were the distinction between order and law well understood, the question of whether a state monopoly of law is the best way to ensure an orderly society could be intelligently discussed. But this is precisely the question that the state does not wish to see raised. By collapsing the concept of order into that of law, the state can ensure that it is not, for it will have effectively eliminated the idea of a non-state generated order from the public mind.
U.S. Constitution Litmus Test
As mentioned, most expect the U.S. Department of Justice to appeal the ruling. And why wouldn’t they?
In the heyday of the Catholic Church, the Church ignored Jesus’ basic teachings. This eventually led to the Protestant Reformation.
As for the U.S. Constitution? Many still swear by it. If only the current government could “return” to its constitutional limitations.
But this ignores the history where even the first generation of post-revolutionary American politicians couldn’t be bothered by its limits.
There’s also a fundamental problem with the state’s monopoly on law and the ambiguity of language. Consider, in times of war, should the U.S. government prohibit and punish citizens who may reveal military secrets to the enemy?
If your answer is yes, you’ve interpreted the “Shall Make No Law” in the First Amendment to mean “sometimes, in times of war.”
Okay, what about reasonable objections to free speech? Like shouting “fire” in a crowded movie theatre? Or selling a strain of cannabis flower with unsubstantiated (but not fraudulent) claims?
Should Congress pass laws to limit this kind of speech? If so, you’ve again interpreted the “no” in the First Amendment to mean “some.”
Congress may pass a law prohibiting TikTok. Sounds great, right? TikTok is a Chinese spyware app that the American public shouldn’t use.
Yet, suppose you disagree with that statement. If you think Congress shouldn’t pass a law banning TikTok, you’ve chosen to interpret the words “speech” and “press” to refer to phone apps.
Gun ban for cannabis users? Your opinion will depend on how dangerous you think guns and cannabis are.
Gun Ban for Cannabis Users Unconstitutional
Having a gun ban for cannabis users ruled unconstitutional will likely be appealed. There’s been a concerted effort by elements in the American system to disarm Americans since at least 1934. Controlling firearms was all part of President Roosevelt’s “New Deal for Crime.”
Like everything else from that era, it’s time to repeal.
Americans have a right to bear arms, regardless of whether they consume cannabis medicinally or recreationally. Or whether their consumption rate is occasional or daily.
Americans have a right to bear arms, even if they’re smoking a joint while they target practice.
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All about Cannabis
What is Vivek Ramaswamy’s Position on Cannabis? – Cannabis | Weed | Marijuana
Published
2 hours agoon
October 2, 2023By
admin
What is Vivek Ramaswamy’s position on cannabis? “You don’t hear me talk about the war on drugs. I’m not a war on drugs person,” Ramaswamy said when he appeared at a Free State Project event in New Hampshire last June.
Vivek Ramaswamy is an American entrepreneur seeking the Republican nomination to run for President of the United States.
Ramaswamy told the crowd he was “probably the only person in the modern history” of the Republican Party to talk about decriminalizing drugs for people with PTSD and other mental health problems.
“Psychedelics,” he said specifically. “From ayahuasca to ketamine… That’s gotta be part of the solution.”
But what is Vivek Ramaswamy’s position on cannabis? He told Fox News:
We got to catch up with the times. It’s not a popular position in the Republican Party, but I’d just, again, I guess I’m going to speak the truth. Whether you vote for me or not is your choice. I think the time has come to decriminalize it.
Later, a spokesperson from his campaign said:
The current state-level ‘legalization‘ farce contributes to the culture of lawbreaking. It’s literally against the law. For us to pretend otherwise only undermines the rule of law in this country. For that reason, Vivek favors the federal legalization of marijuana.
What is Vivek Ramaswamy’s Position on Cannabis?
What is Vivek Ramaswamy’s Position on Cannabis? Decriminalization or legalization? Once upon a time, those meant the same thing. And indeed, in America, this may still ring true.
Vivek isn’t shy about wanting to rule by executive fiat. Suppose he’s the next U.S. President and unilaterally deschedules cannabis. Not a rescheduling, a complete descheduling.
As far as the federal government is concerned – cannabis is not its business.
Is that decriminalization or legalization? For operators in legal states, it certainly helps their tax situation. And why would the financial system fear a plant the government has delisted as a controlled substance?
Is that legalization or decriminalization? Or are those terms synonymous?
If a Ramaswamy Administration removed cannabis from the Controlled Substances Act entirely, there would be a few implications.
Implications of De-Scheduling Cannabis
Vivek Ramaswamy’s position on cannabis could empower state-level regulations. If the federal government takes a literal hands-off approach, you could argue that’s not legalization.
But is legalization ideal? Should Washington D.C. force states like Idaho to legalize? Suppose people in Idaho want to consume cannabis legally. There are 23 other states they can move to, including next-door neighbors.
Even if all 50 states legalized – isn’t it better to have local regulation of a competitive and complex modern industry? Think of the supply chain: cultivation, production, packaging, distribution, sales, marketing, and everything in between.
Do you want D.C. bureaucrats in charge of all that? Isn’t that how lobbyists capture the process and rig the rules against the little guys?
When The Feds Do Get Involved
Of course, some will argue Vivek Ramaswamy’s position on cannabis can’t be entirely hands-off. Somebody is going to have to regulate interstate commerce and international trade.
Imports and exports are federal jurisdiction and always have been. Of course, Vivek’s brand of governing may detest interstate regulation. A Ramaswamy Administration may create a free-for-all for all industries, not only cannabis.
One can hope.
And, of course, FDA bureaucrats will want to control aspects of cannabis, especially if it’s used in food products or marketed as a medical treatment. In a sense, descheduling and taking a hands-off approach empowers the existing bureaucracy.
But Vivek can use the stroke of the Presidential pen and tell the FDA to buzz off. Such is the state of the American “republic.”
Of course, if Vivek Ramaswamy becomes President, he won’t be able to decline the tax revenue. Who can, really? Except for maybe Ron Paul.
So, the federal government may tax cannabis. And so Vivek Ramaswamy’s position on cannabis matters a great deal.
But there’s something else. And it involves Vivek’s policy on the Federal Reserve Bank.
Vivek Ramaswamy’s Position on Cannabis & Money Could Change the World
Vivek Ramaswamy’s position on cannabis and money could change the world. And here’s how.
Experts must control money. That’s what the experts say. That’s why supply and demand don’t determine interest rates. You can’t trust free markets, they say. You need a central planning committee of experts.
But when the hell has that ever worked? This is not the 1920s, this is the 2020s. We have evidence of central planning, and the results are far worse than any of the theoretical excesses of free-market capitalism.
But suppose the experts are right about one thing. The price of money is too volatile to leave to a truly random process. That there should be a more market-based approach to price stability.
As in, leave it to the experts, but not the boardroom suits. Leave it to the people who are actually buying and selling in the market on a daily basis.
Like Vivek Ramaswamy’s position on cannabis, his proposal for the Federal Reserve is a breath of fresh air—a novel idea in an age of corporate-state shallowness.
What is a Government Gold Standard?
A country on a gold standard exchanges its currency for gold at a fixed rate, say, $35 an ounce. And vice versa. So, if the market price of gold goes beyond $35, people bring in their dollars to exchange for gold.
This process means the number of dollars in circulation decreases, so the value of the dollar increases. This continues until the market price of gold is back to $35.
If the market price drops below $35, the same process works in reverse. Historically common, it’s not without its flaws. Governments tinker with the mechanism like a curious 12-year-old who takes apart the television to see how it works (and ends up breaking it in the process).
A gold standard keeps the value of the money constant relative to the market price of gold. Economists have all kinds of critics and rebuttals as to why that wouldn’t work today in the “modern” economy.
To their credit, relying on gold as the sole commodity backing the government currency does run into problems. Especially when governments are always trying to cheat the system.
Vivek Ramaswamy’s position on cannabis stems from listening to the people and the real experts (i.e. not “public health”). He is responding with the correct answers. He has – more or less – done the same with the subject of the Federal Reserve and the money.
What is a Commodity Bundle Standard?
Vivek Ramaswamy should combine his positions on money and cannabis.
Vivek wants a commodity bundle standard to help solve the problem of using government currency. In this system, the market defines the U.S. Dollar as a collection of commodities. This collection or bundle is valued by what’s in it.
For example, suppose you had one million dollars. You take it to the bank and demand your bundle. It could consist of a few pounds of gold and silver, but it’d mostly be a claim on commodities (i.e. 100 pounds of grade A beef, 10 barrels of crude oil, 1,000 board feet of lumber).
Likewise, anyone who brings in a bundle (the claim on commodities) gets a million dollars. This keeps the bundle’s price at a million dollars and, thus, a stable purchasing power, assuming nobody is messing with the bundle.
Vivek Ramaswamy’s Position on Cannabis & Money Could Change the World
Vivek Ramaswamy could combine his positions on money and cannabis by including 1,000 pounds of industrial hemp biomass and 500 grams of premium-grade cannabis flower in the commodity bundle.
Regarding “changing the world,” you’ll have to refer to some of our past posts on the subject.
The main takeaway: eliminating the elite’s ability to create money out of thin air and charge interest on it can only be construed as a step in the right direction.
In fact, it’s the first step.
All about Cannabis
Regulating Cannabis like Fish – Cannabis | Weed | Marijuana
Published
3 days agoon
September 29, 2023By
admin
Regulating cannabis like fish? Excuse me, what? According to Leah Heise, the cannabis industry can learn much from commercial fishing.
An accomplished cannabis exec, Leah’s been the CAO of Ascend Wellness Holdings, the CEO of Women Grow, CXO of 4Front Ventures and President of Chesapeake Integrated Health Institute.
While at Ascend, Leah focused on growing the business from 73 employees to more than 1300 in less than 18 months, taking the company from $19M in revenue in 2019 to a $1.6B market cap in 2021.
Leah is also a medical cannabis patient, having discovered the herb after being hospitalized over 35 times for pancreatitis.
Leah Heise is a cannabis expert. Her expertise is unparalleled, unlike the so-called “experts” in the media who spew drug war propaganda.
So when she says the cannabis industry has much to learn from commercial fisheries, our ears perk up.
Regulating cannabis like fish? Say what?
Regulating Cannabis from Stigma
Having experience in the regulatory landscape, Leah knows what’s working and what’s doomed to fail. And unfortunately, most legal states have been regulating cannabis from a position of stigma.
“We do everything by piecemeal, by litigation. It’s very costly to the system and there’s just a better, more streamlined way to do it,” says Leah. “And I think that potentially regulating it similar to a commercial fishing industry may be the way to do it.”
Of course, Leah points out that there are other options, and this is just one of many ideas. But, she says, “These regulators need to understand the things they are regulating.”
“They’re doing it from a place of stigma and lack of education,” Leah says. “We have to turn back one hundred years of stigma and propaganda.”
Whether it’s racial stigma or false beliefs that cannabis will rot your brain, Leah emphasizes education. From scientific papers proving cannabis’ efficacy to patient stories to studies that associate legal cannabis with fewer cases of domestic abuse and alcoholism.
“The industry and the plant need a rebrand,” says Leah. “It’s not Cheech and Chong. It’s everyone; it’s diverse. Anybody could be using this, from your great-grandmother to your child, depending on what they have. It’s not going to make their brains die or reduce IQ.”
Regulators Need Education
Simply put, the public (and many regulators) are uneducated on cannabis. Drug warriors amplify its alleged harms while marginalizing its medical and therapeutic benefits.
But how would regulating cannabis like fish help? Leah admits that if the feds get involved, a strong regulatory body needs to be created.
“Or just let the states do it,” she says. “We don’t necessarily need another layer on top.”
But suppose the federal government does step in and institute national cannabis regulations. What can we learn from the commercial fishing industry?
Regulating Cannabis like Fish
What can the cannabis industry learn from commercial fishing? How does one regulate cannabis like fish?
“Fisheries is a highly regulated industry,” says Leah. “Because the government’s trying to balance the interests of the environmental groups with the interest of the commercial fishing industry.”
Yes, they are separate products, but both are natural and come from the Earth. Likewise, generations of people work in the industry, whether it’s multiple generations of fishermen (and women). Or the legacy farmers in the cannabis industry (especially in black and brown communities).
With the commercial fishing industry, there’s the problem of overfishing. “In an effort to save the planet, and the fisheries themselves, the federal government has stepped in,” says Leah.
And she sees opportunities for the cannabis industry and its regulators to learn from the commercial fishing industry.
Commercial fishing regulators don’t regulate from a place of stigma. “I haven’t seen a single state,” says Leah, referring to legal cannabis states, “where there’s not a massive lawsuit. And even with Schedule III, there’s going to be lawsuits.”
Learning from the Commercial Fishing Industry
Leah prefers a more comprehensive way of regulating cannabis, which borrows from the successes of the commercial fishing industry.
“They design things called fishery management plans,” she says. “Scientists in the government will come forward and say, ‘okay we’re starting to see Atlantic sea scallops start to collapse. We’re seeing a decline in the number of new pollock. And we need to come up with a fishery management plan to work this.’”
Leah says the commercial fishing industry has councils with different stakeholders, from environmental groups to commercial industries to recreational groups.
“They come together to regulate themselves,” says Leah. “It speeds up the process and really eliminates a lot of the issues in terms of getting sued, because stakeholders at least feel like they have a voice.”
“Nobody walks away happy,” Leah adds. “Which is kind of what happens with any real decent negotation, right? Everybody’s giving a little.”
Leah thinks having a board of stakeholders would prevent things like canopy caps or taxing inside the supply chain. Things that ultimately hurt the industry and only empower illicit markets.
The problem, says Leah, is that current cannabis regulators “aren’t holistically looking to see what the impacts are,” of the various regulations they’ve instituted.
Regulating Cannabis like Fish – Unintended Consequences?
Is there any state already doing this? What are the odds D.C. will create cannabis regulations that embody the principles of the commercial fishing industry?
One of the biggest problems, says Leah, is the lack of money on the enforcement side. From her regulator days, Leah recalls:
We were handed often times very dense regulations to enforce. But we weren’t given the money that we needed to be given to it, to hire the people, and train the people we needed to actually enforce those regulations.
The result is cannabis operators openly flaunting the rules because paying the fines is sometimes cheaper than observing the regulations.
There’s also debate on how heavy cannabis regulations should be. Should we regulate it like alcohol? Or should we consider cannabis a vegetable no more dangerous than a carrot?
“I think that the polarization that exists in this industry exists in the country,” says Leah, so there’s no easy answer.
Unintended Consequences
But one thing to watch out for is the unintended consequences of regulation. Leah recalls visiting Africa, particularly Botswana, about a year ago.
“The Gates Foundation had contributed billions of dollars worth of mosquito nets,” Leah recalls.
They thought that giving people mosquito nets would eliminate malaria. But what they didn’t understand is that [the Bostwanans] needed food. So what the people did was they used the nets to fish with. But the nets were covered with pesticides. It killed off all the fish. And you still have malaria, and you have no food, and it’s because there wasn’t really a holistic decision in that instance. [The Gates Foundation] wasn’t informed enough to answer what the real primary need was.
Unintended consequences are an unavoidable fact of life. In Canada, for example, the government legalized cannabis from a position of stigma and propaganda. The result is a thriving black market catering to consumer demands the legal market can’t fulfil.
With that in mind, we asked Leah how likely, on a scale of one to ten, would the United States legalize and regulate according to rational and holistic principles? Will authorities regulate cannabis like fish?
If ten is the ideal and one is stigma and propaganda, what’s the verdict?
“I think it’s going to be less than 5,” says Leah. And like the situation in Canada or the more restricted US legal states, the consequences of regulating from stigma suggest a robust illicit market.
“You can decide to go the legal route or you can decide to go the illegal route,” says Leah. “But you’re not going to make it go away.”
All about Cannabis
SAFER Banking Act Passes Senate Committee – Cannabis | Weed | Marijuana
Published
4 days agoon
September 28, 2023By
admin
The SAFER Banking Act has passed a critical Senate Committee hearing with a vote of 14-9. The renamed bipartisan bill would allow banks to work with cannabis businesses without penalties from the federal government.
The U.S. cannabis industry has long been waiting for SAFER Banking to pass the Senate. Alongside 280E tax burdens, the lack of access to essential banking services has unnecessarily handicapped the industry.
With SAFER Banking passing the Senate Committee on Banking, Housing and Urban Affairs, this marks the first time Senate members have voted in favour of cannabis banking reform. The House of Representatives has voted for the bill seven times before.
But now what? What’s the next step in reforming cannabis banking in the United States?
SAFER Banking Act Passes Senate Committee
While the SAFER Banking Act passing a Senate Committee is undoubtedly good news, it’s not the end of this lengthy saga.
After passing the Senate Committee, the SAFER Banking Act will head off to the Senate and the House for more debates, amendments, and votes. Assuming this goes smoothly, the bill will eventually land on the President’s desk, where everyone expects him to sign it.
The recent Senate Committee vote clears the path for the bill to make it to the Senate floor. Passing the bill would mean cannabis businesses in legal states would no longer have to operate as cash-only enterprises. Handling massive amounts of money in cash is inconvenient but also dangerous. Cannabis operators have been vulnerable to theft and fraud.
Hence, industry stakeholders applaud the Senate Committee for decisively voting for SAFER Banking.
“[It’s] a historic step towards final passage of a critical policy building block for the cannabis industry,” said Minority Cannabis Business Association (MCBA) President Kaliko Castille.
MCBA has been committed to ensuring that the House and Senate not only pass the SAFER Banking Act but also contain provisions to aid minority entrepreneurs who have been the primary targets of the drug war.
“The committee’s approval of the SAFER Banking Act gives hope to thousands of compliant, tax-paying businesses desperately trying to access the basic financial services other businesses take for granted,” said National Cannabis Industry Association CEO Aaron Smith. “This uniquely bipartisan legislation has the potential to save lives and help small businesses; it’s time for Congress to get it to the president’s desk without further delay.”
What Next?
The Senate Committee’s passing of the SAFER Banking Act may have been influenced by recent cannabis news coming from Washington, D.C.
Earlier this month, the Department of Health and Human Services officially recommended that the DEA move cannabis from Schedule I to Schedule III in the federal Controlled Substances Act.
That change wouldn’t affect banking, but it would relieve operators of the burdensome 280E tax. The potential rescheduling gave a shot in the arm to pot stocks. Perhaps it also lit a fire under the butts of American Senators.
SAFER Banking would give the U.S. cannabis industry better access to financial services, including depository services, electronic payments, lending, and other access to capital.
Even Canadian cannabis companies will benefit from banking reform in the U.S. Currently, Canadian banks take the same drug-war mentality despite the herb’s legal status north of the 49th. Canada’s oligarch banks have a significant presence in the American economy that they don’t want to compromise.
Advocates are hopeful the Senate will eventually pass the SAFER Banking Act, as it has bipartisan support among Republicans and Democrats.
The United States has legal cannabis in 23 states, the District of Columbia and two territories. Every state has a medical cannabis program except Idaho, Wyoming, Kansas, and South Carolina.
Three in four Americans live in a legal cannabis state. At this point, federal cannabis legalization seems less of a question of “if” and more of a matter of when.

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