Cannabis News
New Lawsuit Filed Against the US Government Says Cannabis Prohibition is Now Illegal Based on States’ Legal Marijuana Programs
New lawsuit puts in question the rationale behind marijuana prohibition
If you’re a regular reader of my articles, you know I’ve long held that the federal government’s blanket prohibition on drugs like marijuana is an irrational, unethical, and unconstitutional violation of individual liberty. The harsh criminalization of a plant that has been used by humans for thousands of years is the height of authoritarian overreach, driven more by reefer madness propaganda than any legitimate public policy rationale.
Well, it turns out I’m not alone in viewing the federal drug war as a catastrophic failure and affront to common sense. A group of cannabis companies has filed a major lawsuit challenging the very legal foundations of marijuana’s prohibition under the Controlled Substances Act. Their argument? That the federal ban no longer has any rational basis when dozens of states have implemented regulated programs that have replaced the illicit market the original law aimed to eliminate.
This lawsuit represents a potentially groundbreaking direct assault on the crumbling facade of marijuana prohibition. In this article, we’ll dive deep into the core arguments advanced by the plaintiffs, evaluate the legal prospects of their case, and discuss whether it could finally force the government’s hand. We’ll also explore actions individuals can take to further apply pressure and make our voices heard on this crucially important issue.
Regardless of the outcome, this bold litigation demonstrates that the tides have turned irrevocably against the draconian policies of the failed war on drugs. The march toward legalization may have started as a revolution, but it is increasingly becoming a inexorable reckoning that even the federal government cannot defy forever.
The lawsuit in question was filed by a group of marijuana companies including multi-state operator Verano Holdings Corp., Massachusetts-based Canna Provisions, Wiseacre Farm, and Treevit CEO Gyasi Sellers. They are represented by the prominent law firms Boies Schiller Flexner LLP and Lesser, Newman, Aleo and Nasser LLP. The lawsuit alleges that the federal government’s ongoing cannabis prohibition under the Controlled Substances Act (CSA) is unconstitutional and irrational given the widespread state-level legalization and regulation that has occurred. As the filing states:
“Dozens of states have implemented programs to legalize and regulate medical or adult use marijuana…And by providing consumers with safe, regulated, and local access to marijuana, those states have reduced illicit interstate commerce, as customers switch to purchasing state-regulated marijuana over illicit interstate marijuana.”
This new 32-page filing is a response to the federal government’s attempt to dismiss an underlying lawsuit first brought by the companies in October 2022. That original complaint argued that “the federal government has long ago abandoned the goal of eliminating marijuana from commerce” and that “even if Congress still wished to eliminate interstate transactions in marijuana in their entirety (it does not), it has no rational basis for banning state-regulated activities that reduce interstate traffic in marijuana.”
The crux of the case centers on overturning the 2005 Supreme Court decision in Gonzales v. Raich, which held that the federal ban on cannabis preempted state legalization laws due to Congress’s power to regulate interstate commerce. As the plaintiffs’ latest filing contends:
“In the two decades since Raich, all the legislative and operative facts on which Raich’s conclusion rested have changed. It is therefore necessary to assess Congress’s regulation of intrastate marijuana based on the new regulatory framework and new factual circumstances.”
By filing this lawsuit and seeking to overturn Raich, the cannabis companies aim to finally eliminate the threat of federal enforcement in legal state markets. If successful, it would open the door for state-licensed businesses to access financial services, claim tax deductions, and operate without the cloud of residual illegality that has hampered the industry.
While the odds of the Supreme Court revisiting its decision are difficult to gauge, the filing of lawsuits like this plays a vital role in applying public pressure and highlighting the dissonance between state and federal marijuana laws. Even if the case itself does not prevail, it shines a spotlight on the irrationality of the government’s current stance and forces lawmakers and enforcement agencies to contort themselves further to justify an untenable policy kurns out of step with public opinion and modern governance.
Prominent litigator David Boies, whose prior high-profile cases include the Department of Justice lawsuit against Microsoft and the overturning of California’s same-sex marriage ban, made the sweeping argument that:
“Americans believe that cannabis should be legal and available subject to reasonable regulation by the states…The federal government lacks authority to prohibit intrastate cannabis commerce. Outdated precedents from decades ago no longer apply—the Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce.”
By methodically deconstructing the legal underpinnings of prohibition, pushing for judicial remedies, and elevating the issue through the courts, this lawsuit contributes to further eroding the false narratives that enabled the cruel excess of the war on drugs. Initiatives like this are crucial steps towards finally ending failed marijuana criminalization once and for all.
SOURCE: GALLUP
Given that national polls consistently show a solid majority of Americans supporting legalizing marijuana, and the fact that 38 states have already implemented some form of legal cannabis program, one might reasonably ask: why is the federal government dragging its feet so much on this issue?
The unfortunate truth is that the sluggish pace is very much by design. The complex bureaucratic maze surrounding federal drug policies, centered on agencies like the Drug Enforcement Administration (DEA) and laws like the Controlled Substances Act (CSA), has been structured in a way that makes meaningful reform excruciatingly difficult and subject to endless delays.
The DEA has historically been able to take a decade or more just to reject rescheduling petitions, often without providing any substantive rationale beyond simply stating “it’s the law.” This byzantine process essentially allows the agency to run out the clock indefinitely on any cannabis policy changes it ideologically opposes.
But the bigger impediment to legalization is the very existence of the CSA itself and its unconstitutional centralization of power over drug manufacturing, distribution, research, and consumption. By arrogating control over Americans’ free choice as individuals under the flimsy pretext of interstate commerce regulation, the CSA represents a startlingly authoritarian federal overreach into what should be a matter of personal liberty.
Of course, the self-serving motives behind Congress’ reluctance to amend or abolish this draconian statutory regime are not exactly a mystery. With only 32% of the U.S. public expressing trust in Congress to act in the national interest, lawmakers have amply demonstrated whose interests they really serve – chiefly those of deep-pocketed special interests like the pharmaceutical industry.
Numerous studies have shown that after states legalize medical marijuana, drug companies see sharp declines in revenues and prescription numbers for lucrative pain medications as patients turn to cannabis as an alternative treatment. With legal marijuana inevitably disrupting Big Pharma’s profit streams, it’s no surprise these powerful corporate forces have aggressively lobbied Congress to maintain cannabis prohibition and protect their bottom line.
So while a majority of the American people have left the Reefer Madness propaganda behind, Congress continues to peddle laughably disingenuous narratives about marijuana’s dangers precisely because it remains so beholden to the powerful moneyed interests profiting from the drug war status quo.
Until the people demand full representation from their elected officials instead of fealty to corporate overlords, we are likely to see this same cynical political theater play out repeatedly. Even outright legalizing marijuana at the federal level may not dismantle the bureaucratic fortresses that have been cleverly constructed to impede American’s free access to cannabis as a matter of individual choice.
While lawsuits like this are invaluable for shining a light on the absurdity of continued federal cannabis prohibition, it’s unlikely the Supreme Court will revisit its precedent and overturn the Controlled Substances Act – at least not through this particular case. The inertia and institutional resistance to marijuana legalization remains powerful.
The Biden administration will no doubt continue to cite its modest cannabis pardons and drug rescheduling review as major reform “wins.” But such half-measures are mere political theater, failing to deliver on Biden’s campaign promises of full decriminalization and expungement of prior records.
Ultimately, the cruel overreach of the CSA cannot be undone through bureaucratic nibbling around the edges. To reclaim our inalienable rights to bodily autonomy and cognitive liberty, we must reject the unconstitutional foundations of this oppressive statute entirely at every level of society and governance.
Where the federal government continues to fail, it falls to the people themselves to enact the drug policy change we deserve through local and state reforms. Most Americans still place high trust in their municipal and state governments over Washington D.C. It is here, in our own backyards, that we can make real progress.
While the latest lawsuit highlights the building momentum to end the irrational war on cannabis, true liberation will only come from a flourishing of grassroots activism. Making that dream a reality will require each of us to do our part by demanding more from our communities and our representatives. The American people are ready to legalize freedom – the question is whether our institutions can evolve quickly enough to get out of the way.
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Cannabis News
Latest Trump Weed Rumor – Trump Will Federally Deschedule and Decriminalize Cannabis, but Not Legalize It
In a recent interview, former New Jersey Governor Chris Christie made headlines by asserting that President-elect Donald Trump will pursue significant reforms in federal policies regarding marijuana and cryptocurrency. As the nation grapples with evolving attitudes toward cannabis and the burgeoning digital currency market, Christie’s predictions have ignited discussions about the potential implications of such changes on both industries. This article delves into Christie’s insights, the current state of marijuana and cryptocurrency regulations, and the broader implications of these anticipated reforms.
The Current Landscape of Marijuana Legislation
Federal vs. State Laws
Marijuana remains classified as a Schedule I substance under the Controlled Substances Act (CSA), which places it in the same category as heroin and LSD. This classification has created a complex legal landscape where states have moved to legalize cannabis for medical and recreational use, while federal law continues to impose strict prohibitions. As of now, over 30 states have legalized marijuana in some form, leading to a burgeoning industry that generates billions in revenue.
Challenges Faced by the Cannabis Industry
Despite its legality in many states, the cannabis industry faces significant hurdles due to federal restrictions. These challenges include:
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Banking Access: Many banks are hesitant to work with cannabis businesses due to fear of federal repercussions, forcing these businesses to operate largely in cash.
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Taxation Issues: The IRS enforces Section 280E of the tax code, which prohibits businesses engaged in illegal activities from deducting normal business expenses, leading to disproportionately high tax burdens for cannabis companies.
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Interstate Commerce: The lack of federal legalization prevents cannabis businesses from operating across state lines, limiting their growth potential.
Chris Christie’s Perspective on Marijuana Reform
Christie, a former presidential candidate known for his tough stance on drugs during his tenure as governor, has evolved his views on marijuana over the years. In his recent statements, he emphasized that Trump is likely to pursue descheduling cannabis, which would remove it from the Schedule I classification. This move would not only provide clarity for businesses operating in legal markets but also open avenues for banking and investment.
Christie highlighted that descheduling would allow for a more regulated market where safety standards could be established, thus protecting consumers. He believes that this approach aligns with a growing consensus among Americans who support legalization and recognize the potential benefits of cannabis use for both medical and recreational purposes.
The Future of Cryptocurrency Regulation = The Rise of Cryptocurrencies
Cryptocurrencies have surged in popularity over the past decade, with Bitcoin leading the charge as the first decentralized digital currency. The market has expanded to include thousands of alternative coins (altcoins), each with unique features and use cases. As cryptocurrencies gain traction among investors and consumers alike, regulatory scrutiny has intensified.
Current Regulatory Challenges
The cryptocurrency market faces several regulatory challenges that hinder its growth and adoption:
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Lack of Clarity: Regulatory frameworks vary significantly across states and countries, creating confusion for investors and businesses.
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Fraud and Scams: The rapid growth of cryptocurrencies has led to an increase in fraudulent schemes targeting unsuspecting investors.
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Consumer Protection: Without clear regulations, consumers are often left vulnerable to risks associated with volatile markets.
Christie’s Vision for Crypto Regulation
Christie believes that under Trump’s leadership, there will be an effort to find a “sweet spot” for cryptocurrency regulation balancing innovation with consumer protection. He argues that overly stringent regulations could stifle growth in this emerging sector while too little oversight could expose consumers to significant risks.
In his view, a balanced regulatory framework would include:
1. Clear Definitions: Establishing clear definitions for different types of cryptocurrencies and tokens to differentiate between securities and utility tokens.
2. Consumer Protections: Implementing measures to protect investors from fraud while promoting transparency within the market.
3. Encouraging Innovation: Creating an environment conducive to innovation by allowing startups to thrive without excessive regulatory burdens.
Christie’s insights reflect a growing recognition among policymakers that cryptocurrencies are here to stay and that appropriate regulations are necessary to foster growth while safeguarding consumers.
Implications of Proposed Reforms
Economic Impact
The potential reforms proposed by Christie could have far-reaching economic implications:
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Job Creation: Legalizing marijuana at the federal level could lead to significant job creation within the cannabis industry—from cultivation and production to retail sales.
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Investment Opportunities: Descheduling cannabis would open up investment opportunities for institutional investors who have been hesitant due to federal restrictions.
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Boosting Local Economies: Legal cannabis markets have proven beneficial for local economies through increased tax revenues and job creation.
Similarly, clear regulations around cryptocurrencies could stimulate investment in blockchain technology and related industries, fostering innovation and economic growth.
Social Justice Considerations
Both marijuana legalization and sensible cryptocurrency regulations have social justice implications:
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Addressing Past Injustices: Legalizing marijuana could help rectify past injustices related to drug enforcement policies that disproportionately affected marginalized communities.
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Financial Inclusion: Cryptocurrencies offer opportunities for financial inclusion for those underserved by traditional banking systems, particularly in low-income communities.
Political Landscape
The political landscape surrounding these issues is complex. While there is bipartisan support for marijuana reform among certain lawmakers, challenges remain in overcoming entrenched opposition. Similarly, cryptocurrency regulation has garnered attention from both sides of the aisle but requires collaboration to establish effective frameworks.
Conclusion
Chris Christie’s predictions about President-elect Donald Trump’s approach to federal marijuana descheduling and cryptocurrency regulation suggest a potential shift in U.S. policy that could significantly reshape both industries. As public opinion evolves on these issues, lawmakers have an opportunity to enact meaningful reforms that promote economic growth while ensuring consumer protection. The anticipated changes could foster a more robust cannabis industry that contributes positively to the economy and addresses social justice concerns, while clear regulatory frameworks for cryptocurrencies could encourage innovation and protect consumers in the digital economy. Stakeholders in both sectors are closely watching these developments, eager to see how potential reforms might impact their futures. While the realization of Christie’s predictions remains uncertain, it’s clear that the conversation around marijuana and cryptocurrency regulation is ongoing and far from settled.
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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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