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Justice Neil Gorsuch’s opinion is narrow in scope

The US Supreme Court unanimously sided with the man who was charged with possession of a weapon while being a habitual user of marijuanaruling that the government’s actions violated the Second Amendment.

The opinion, written by Justice Neil Gorsuch, is narrow in scope and does not completely overturn the federal law known as 922(g)(3), which prohibits people who illegally use controlled substances from owning or purchasing firearms.

But it says that in the case of the man in the case, Ali Daniel Hemani, it is unconstitutional to automatically bar people from legally owning guns just because they occasionally use marijuana.

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Anti-Rescheduling Parties Ask Court To Stay Schedule III Cannabis Order

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Anti-Rescheduling Parties Ask Court To Stay Schedule III Cannabis Order

A national organization that promotes drug-free workplaces and a pharmaceutical company that specializes in cannabinoids filed a petition in federal court on June 9 to try to stop the Trump administration’s immediate devolution of medical cannabis.

The National Drug and Alcohol Administration Association (NDASA) and MMJ International Holdings, whose subsidiary has an active DEA Schedule I analytical laboratory registration, asked the U.S. Court of Appeals for the District of Columbia Circuit on April 22 to stop U.S. Attorney General Todd Blanche from acting. signed an order reclassifying the state license for medical cannabis to Schedule III until the court case to set aside the entire order is decided.

The plaintiffs argue that the court must consider four factors:

  1. A lawsuit between the human rights group NORML and the Drug Enforcement Administration (DEA) nearly 50 years ago;
  2. The transfer order “illegally” bypassed regulatory notice and comment;
  3. Two plaintiffs will “suffer irreparable harm” without a stay; and
  4. The balance of equity and public interest.

To read the rest of this article on Cannabis Business Times, Click here

Post Parties opposing deadline ask court to delay Schedule III cannabis order first appeared on Marijuana Retail Report – News and information for cannabis retailers.

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Nebraska Attorney General Mike Hilgers had no immediate comment

The Republican attorneys general of Nebraska, Indiana and Louisiana filed a lawsuit over the Memorial Day weekend to stop Trump’s Justice Department order to reclassify marijuana as a less harmful drug.

The lawsuit, which the U.S. Court of Appeals for the District of Columbia Circuit has consolidated with a similar lawsuit by marijuana opponent Smart Approaches to Marijuana, alleges that the Trump administration bypassed its normal rulemaking process.

The AGs argue that the waiver of normal public notice and comment periods jeopardizes the validity of the changes and write that reclassifying marijuana could also violate the 1967 International Narcotics Control Treaty.

Nebraska Attorney General Mike Hilgers had no immediate comment through a spokesman Wednesday, but he said many Nebraska law enforcement officials disagree with the president’s push to change how federal agencies classify marijuana.

The lawsuit challenges the federal government’s workaround, which essentially makes it a middleman that buys the drug from manufacturers, adds a nominal fee, and sells it back to meet the contract’s requirements.

Hilgers argued that loosening federal restrictions on marijuana as a Schedule I drug, like LSD and heroin, to a Schedule III drug, along with Tylenol with codeine, could make it easier to legalize recreational products.

To read the rest of this article on the Nebraska Examiner, Click here

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The DEA dispensary application portal is now live

For state-licensed medical marijuana operators, a narrow and potentially transformative window has opened that could position your business for future interstate and even global commerce.

While acting as the Prosecutor General rezoning order likely to face legal challenges, the immediate reality is that you have 60 days to act. As of yesterday, April 28, holders of state medical marijuana licenses can apply for DEA registration to manufacture (this includes cultivation and limited processing), distribute, and dispense medical marijuana.

DEA dispensary application portal is already operational and production and distribution applications are expected to comply with the standard DEA Form 225 Process.

We are not sure whether this framework would stand up to trialand if so, to what extent. However, it is clear that only those applicants who apply within this initial 60-day window are eligible for expedited review, which must take place within six months of application. The transfer order does not provide guidance on future application rounds or deadlines, leaving considerable uncertainty for those waiting.

In practical terms, this creates a first-mover advantage. If DEA registration ends up being the gateway to a federally recognized and possibly global market for medical cannabis, early applicants will have the best opportunity to participate.

We describe it as a “lottery ticket” not because it is speculative, but because it requires an upfront investment with uncertain outcomes. Retaining experienced counsel and preparing the relevant application typically costs in the range of $10,000 to $15,000 (including DEA fees), with additional costs depending on the complexity, scope and number of DEA filings required. The bet is $10,000 to $15,000 on a potential growth opportunity of hundreds of thousands or millions of dollars.

For those who are ready to move forward, we can help navigate the process effectively and strategically. Our team is one of the few with DEA ​​registration experience. We can:

  • Provide a clear overview of the DEA registration system and historical precedents
  • Prepare you for possible follow-up DEA inquiries and requests for additional information
  • Assistance in completing and submitting your application
  • Develop a comprehensive support package to strengthen your submission when the DEA seeks additional information
  • Advise on international treaty obligations and operational compliance considerations referenced by the order

If you plan to register with the DEA during this period, we encourage you to connect with our team to discuss your options. We are ready to provide you with a free consultation and help you evaluate whether this opportunity fits your business strategy.

Source: Legal Canna Blog

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