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What is the Best Way to Get Marijuana Legalized, Suing the DEA or Waiting for Rescheduling?

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The article on Cannabis.net called, “Suing the DEA to get Weed Legalized – How the DEA Rigged the Game for the Past 54 Years” got an interesting conversation started on social media.  To whit, what is the best result for the cannabis industry in both the Biden rescheduling process, or a court judge ruling in favor of Rhode Island-based MMJ BioPharma Cultivation as they sue the DEA for legalization?

If you haven’t read up on the case, lets go over their story.

Rhode Island-based cannabis company MMJ BioPharma Cultivation Inc. has complained to the Drug Enforcement Administration, alleging an unconstitutional administrative proceeding before a DEA Administrative Law Judge (ALJ).

 

The firm’s legal representatives, Megan Sheehan and Associates, discovered that DEA Director Anne Milgram unlawfully appointed Administrative Law Judge Teresa Wallbaum to preside over the case. In response, they have filed for relief seeking an order to halt what they deem unconstitutional actions.

 

In August of last year, MMJ initiated a petition for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia Circuit regarding a bulk manufacturing application submitted nearly six years prior but never processed. MMJ’s president and founder, Duane Boise, has stated that this lack of action directly contradicts the Controlled Substances Act, adversely affecting MMJ and disregarding its efforts to assist individuals suffering from Huntington’s Disease and Multiple Sclerosis through clinical research.

 

In the complaint filed on Thursday in the U.S. District Court for the District of Rhode Island, MMJ contends that it would suffer “irreparable harm” under such an unconstitutional proceeding. The company asserts that the DEA ALJ’s appointment violates the Appointments Clause of Article II, Section 2, of the Constitution and lacks accountability to the President, contravening the Take Care Clause of Article II, Section 3.

 

Boise emphasized, “There’s a unanimous acknowledgement of the necessity for drugs to address these neurological conditions – Congress, the FDA, the DEA, medical professionals, parent associations – all echo the same sentiment. Yet, we find ourselves facing arbitrary actions from an administrative agency targeting a law-abiding company producing marijuana soft gelatin capsules to alleviate patient suffering.”

 

“This is sheer madness,” he continued. “Somebody needs to intervene.”

 

Furthermore, the complaint notes that the U.S. Supreme Court has ruled that an ALJ appointment process nearly identical to the DEA’s is unconstitutional.

 

According to the document, “It is believed that the DEA ALJ overseeing MMJ’s administrative hearing was chosen from a pool of candidates provided by the White House Office of Personnel Management (OPM) and appointed by the DEA Administrator upon recommendation from the DEA’s Chief ALJ.”

 

Heartless Acts Impacting Patients

 

Duane Boise, President and founder of MMJ BioPharma Cultivation Inc., expressed deep frustration with the Drug Enforcement Administration’s obstructive behaviour towards the advancement of medical marijuana research. According to Boise, despite the growing consensus on the need for more effective treatments for neurological disorders, MMJ has encountered significant barriers imposed by the DEA, which he describes as heartless due to their lack of responsiveness and apparent disregard for patient well-being. His remarks underscore a desperate need for a change in approach, highlighting how bureaucratic hurdles are not just administrative challenges but have real, harmful effects on patients who could benefit from new therapies.

 

Many people believe that the obstacles to research and development are a component of a more widespread systemic problem with the legal frameworks that manage drugs that are considered prohibited in the US. Researchers and supporters alike have criticized the DEA for its tardy and sometimes unresponsive treatment of valid requests for cannabis research. Drug development has been severely hampered as a result, thereby depriving patients of timely access to essential treatments that might relieve the symptoms of severe and chronic diseases including Huntington’s disease and multiple sclerosis.

 

Boise’s claims are further supported by a wider chorus of voices from various sectors including healthcare professionals, lawmakers, and patient advocacy groups, all of whom have recognized the potential benefits of cannabis-based treatments. The collective call for reform highlights a critical disconnect between federal regulatory actions and the evolving understanding and acceptance of cannabis’s medical value. The consensus points to a need for regulatory bodies to adapt and respond more effectively to emerging medical research and public health priorities.

 

Tim Moynahan, the company’s chair and legal counsel, reinforced Boise’s position by advocating for a dual approach: challenging the constitutionality of the DEA’s current practices while also providing clear suggestions for improvements. Moynahan’s strategy aims to not only address the immediate legal concerns but also guide the DEA towards a more transparent and accountable process. His proactive stance signals a growing impatience among stakeholders who are ready to push for substantial changes, emphasizing that the DEA should take swift action to rectify the flaws in its system, especially given the critical nature of the drugs MMJ is developing for patients with debilitating neurological diseases.

 

Urgent Call for Legal and Regulatory Reform

 

MMJ BioPharma Cultivation Inc.’s action against the DEA acts as a catalyst for a thorough review of the legal and regulatory impediments to medicinal marijuana research. The instance emphasizes the urgent need for fundamental reforms that prioritize patient well-being and scientific development. By contesting the constitutionality of the DEA’s actions, MMJ seeks justice for itself while simultaneously advocating for structural improvements that might benefit the whole medical cannabis business.

 

The antiquated and burdensome regulatory environment that now surrounds marijuana research is preventing the development of potentially transformative therapies for people who require them. The DEA’s burdensome bureaucracy and strict rules cause needless delays and barriers for scientists and businesses like MMJ that are working to commercialize novel cures. Reforms must be implemented immediately to expedite the licensing process, encourage cooperation between regulatory bodies and researchers, and guarantee that patients with life-threatening illnesses have prompt access to safe and efficient medical cannabis products.

 

Legislators, medical experts, and advocacy organizations are calling for further legislative and regulatory measures to support medical marijuana access and research in reaction to the legal challenge against the drug. This increasing momentum indicates a wider understanding of the value of cannabis medicines based on scientific evidence in meeting the unmet medical needs of millions of people throughout the globe. Stakeholders from a variety of industries are banding together while the legal struggle plays out to advocate for changes that will protect patient rights, encourage scientific advancement, and remove obstacles to the advancement of medical marijuana research and development.

 

If MMJ wins the lawsuit, there is a route that could remove marijuana from the CSA and give medical cannabis a legal substance in America.  While rescheduling is better than nothing, the true goal of the industry should be to remove all criminal stigma around the plant and push for a full descheduling.  That would also create an efficient marketplace for the plant, allowing for interstate commerece, removal of the 280E tax code around the plant, and easier access for patients in all states.

 

 Bottom Line

 

MMJ BioPharma Cultivation Inc.’s legal battle against the DEA exposes deep-seated issues within the regulatory framework governing medical marijuana research. Their lawsuit not only seeks justice for their grievances but also serves as a rallying cry for broader reforms to facilitate scientific advancement and patient access to cannabis-based therapies. Urgent action is needed to overhaul outdated regulations, streamline bureaucratic processes, and prioritize patient welfare. As stakeholders unite in support of MMJ’s cause, the fight for reform gains momentum, promising a brighter future for medical marijuana research and the millions of patients who stand to benefit from its innovations.

 

MORE ON MMJ BIOFARMA’S LAWSUIT, READ ON…

DEA SUED TO MAKE MARIJUANA LEGAL

SUING THE DEA TO MAKE WEED LEGAL, DOES IT HAVE A SHOT?



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Latest Trump Weed Rumor – Trump Will Federally Deschedule and Decriminalize Cannabis, but Not Legalize It

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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:

  • 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.

  • 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.

  • 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:

 

  • Lack of Clarity: Regulatory frameworks vary significantly across states and countries, creating confusion for investors and businesses.

  • Fraud and Scams: The rapid growth of cryptocurrencies has led to an increase in fraudulent schemes targeting unsuspecting investors.

  • 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:

 

  • 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.

  • Investment Opportunities: Descheduling cannabis would open up investment opportunities for institutional investors who have been hesitant due to federal restrictions.

  • 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:

 

  • Addressing Past Injustices: Legalizing marijuana could help rectify past injustices related to drug enforcement policies that disproportionately affected marginalized communities.

  • 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.

 

TRUMP 2.0 ON CANNABIS REFORM, READ ON…

TRUMP ON MARIJUANA REFORM

TRUMP 2.0 ON FEDERAL CANNABIS REFORM – WHAT DO WE KNOW?

 



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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.

 

PEE IN A CUP COMING UP, READ ON..

how long does weed stay in your urine

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



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