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Yet Another Federal Court Decision on Cannabis Gun Rights

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Yet another federal court in yet another federal appellate circuit just held that federal cannabis gun rights restrictions are unlawful. Let’s look at why that is, and why this is going to keep happening in federal courts across the country.

The cannabis gun rights cases

The federal Gun Control Act of 1968 strips all gun rights from cannabis users, even in states that allow it. Some states have tried to pass laws that circumvent federal gun control law, which is a losing proposition. At the same time, a 2022 U.S. Supreme Court case, New York State Rifle & Pistol Association, Inc. v. Bruen, simplified the test to determine whether a gun control law violates the Second Amendment. This has led to repeated challenges in various federal courts – including one big loss in a Florida federal court, and a big win in an Oklahoma federal court. Both of those decisions are on appeal (in the Eleventh and Tenth federal circuits, respectively).

Texas weighs in

And as of a few days ago, a federal court in Texas (in a case called United States v. Connelly) handed a victory to a cannabis user, setting up a likely appeal by the federal government to the Fifth Circuit. We are heading for a series of appeals, and a possible circuit split.

Connelly‘s procedural posture is different from the other cases I discussed. The court initially ruled against the petitioner. Prior Fifth Circuit precedent upheld federal gun rights restrictions. But last month, the Fifth Circuit held unconstitutional gun control laws for persons subject to civil domestic violence restraining orders. That case too was based on Bruen, and the Fifth Circuit went through the historical analysis and concluded that civil orders were not sufficient to take away gun rights.

The Connelly court reconsidered its earlier ruling in light of this new Fifth Circuit case. Connelly concludes that the federal gun rights restrictions are unconstitutional under Bruen‘s two-part test, which hinges on whether there is historical precedent that is relevantly similar to the modern restrictions. As with the prior cases, the government acknowledged that there is no historical precedent for stripping marijuana users of their gun rights. Instead, it relied on allegedly relevant historical analogues (i.e., laws that it claimed are similar to the current law). One of the government’s key examples was a Virginia law from the 1600s that prohibited drunk people from possessing firearms.

The court didn’t find this even remotely relevant, noting:

Consider instead a law that would prevent individuals from possessing cars at all if they regularly drink alcohol on weekends. Nobody would say that this hypothetical law is similar to DUI laws in how it regulates cars. The hypothetical law’s focus on possession, rather than use, of the vehicle imposes a much greater burden on drivers.

Cannabis gun rights and a circuit split

In the wake of Bruen, two different federal courts have reached the same conclusion about the federal gun rights restrictions. The dissenting court’s opinion, in light of the other cases, was deficient and will likely not withstand appeal in the Eleventh Circuit. Indeed, as Marijuana Moment reported, lawyers for the parties appealing the government’s Florida win just pointed out that the federal government is now resorting to lumping marijuana users in with fentanyl users. These aren’t great arguments for winning a court case!

Over the coming months, we fully expect more and more of these cases to pile up. Given the pretty clear history on this point, it seems like even a petitioner in the more politically liberal federal circuits (like the Ninth Circuit, where many of our cannabis litigators practice) will decide in favor of expanding marijuana users’ gun rights.

Stay tuned to the Canna Law Blog for more updates.



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Cannabis Receivership Q&A Webinar: The Replay

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For anyone who couldn’t attend last Wednesday’s webinar on cannabis receiverships, we are pleased to present the replay video below. It’s also hosted on YouTube, here.

This webinar covered a lot of ground, and it was certainly timely. The following afternoon, reporting broke that Harborside, one of the biggest names in cannabis, was pushed into receivership by a secured lender.

If you’d like some context on why we held this webinar and what it’s about, check out our original blog post here.

Finally, please reach out if you want to explore insolvency or work-out options in or around a cannabis business. You can email webinar panelists Matt Goldberg here and Ethan Minkin here.

 



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The US is Waging a Silent War on Cannabis Moms

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The US’ silent war on Cannabis Mothers

The War on Drugs, that grand American experiment in prohibition and punishment, has left a trail of destruction in its wake that’s hard to fathom. For over half a century, this misguided crusade has torn families apart, filled prisons to bursting, and shattered countless lives. The numbers are staggering – millions incarcerated, families left in financial ruin, and communities decimated. And for what? A war that has failed to stem the tide of drug use or addiction, instead criminalizing health issues and personal choices.

But the casualties of this war aren’t spread evenly across society. Oh no, that would be too fair. Instead, it’s minority communities and the poor who’ve borne the brunt of this assault on personal freedom. The scales of justice, it seems, are tipped heavily against those with the wrong skin color or too little cash in their pockets.

Yet amidst all this well-documented carnage, there’s a silent battle being waged that few are talking about. It’s a war on mothers, fought through the insidious weaponization of Child Protective Services. Even in states where cannabis has been legalized, moms are finding themselves in the crosshairs, their children torn from their arms over a joint or an edible.

It’s a twisted irony – in a country where wine mom culture is celebrated and kids are medicated for ADHD at the drop of a hat, a mom who uses cannabis to unwind or manage chronic pain can lose everything. The same system that’s supposed to protect children is being used to traumatize them, all in the name of a plant that’s less harmful than alcohol.

In this article, we’re going to peel back the curtain on this hidden front of the War on Drugs. We’ll explore how overzealous policies and outdated stigmas are destroying families and harming the very children they claim to protect. It’s time to shine a light on this cruel and unnecessary aspect of cannabis prohibition – a reminder that even as legalization spreads, the tentacles of the War on Drugs continue to squeeze the life out of American families.

I recently dove into a deeply disturbing Rolling Stone article that shed light on a hidden front of the War on Drugs – the targeting of cannabis-using mothers. It’s a long, gut-wrenching piece, but I’ll try to distill some of the key points here. Fair warning, folks – this isn’t a feel-good story.

Let’s start with Doshia Givens, a single mom in Cleveland. After a horrific car accident left her in crippling pain, she opted for cannabis instead of addictive opioids to manage her suffering. Sounds reasonable, right? Well, Child Protective Services didn’t think so. When her daughter Selah tested positive for THC after a routine hospital visit, Doshia was deemed an “imminent risk” to her child. Within 24 hours, they were torn apart. All because a mother chose a safer pain management option in a state drowning in opioid deaths.

Then there’s Raneisha Hubbert in Los Angeles. Her crime? Testing positive for marijuana after her mischievous toddler kept escaping their new apartment. Despite no evidence of neglect or harm to her children, both kids were taken away. The system labeled her a “substance abuser” unfit to care for her own flesh and blood.

But surely this doesn’t happen in states where weed is legal, right? Wrong. Take Lindsay Ridgell from Arizona, where medical marijuana has been legal since 2010. She used cannabis during pregnancy to combat severe morning sickness, with her doctor’s blessing. Yet when her son was born, he was drug tested without her consent, and she found herself under investigation for neglect. This, despite Arizona’s laws specifically protecting medical marijuana users from such discrimination.

These aren’t isolated incidents. The article reveals that tens of thousands of mothers across the country are coming under scrutiny for cannabis use. Many lose custody entirely, labeled as dangers to their own children. They’re forced into drug treatment programs and subjected to humiliating surveillance, all for using a substance that’s legal in many states and less harmful than alcohol.

Which begs the question – how is this good for the children? Where’s the harm in a parent using cannabis responsibly, especially compared to the known dangers of separation trauma? We don’t see this kind of heavy-handed intervention when parents drink alcohol, or feed their kids a steady diet of processed junk food and sugar. Hell, we celebrate “wine mom” culture while demonizing cannabis-using mothers.

The hypocrisy is staggering. These policies aren’t protecting kids; they’re traumatizing them. Ripping a child from a loving home over a parent’s cannabis use isn’t child protection – it’s state-sanctioned child abuse. And it’s happening right under our noses, even as we pat ourselves on the back for progressing beyond the worst excesses of the War on Drugs.

It’s high time we faced this ugly truth: our child welfare system is being weaponized to continue the War on Drugs by other means. And it’s our kids who are paying the price.

 

 

Let’s cut through the bullshit and call this what it is: state-sanctioned child abuse masquerading as protection. The system labels cannabis-using mothers as “substance abusers” and “dangers” to their children. Their solution? Rip kids from their homes and toss them into a foster care system that’s about as nurturing as a cactus in winter.

Now, I’m not advocating for parents to blaze up 24/7 while neglecting their rugrats. But let’s get real about the trauma we’re inflicting on these kids in the name of “protecting” them. Being separated from your parents, especially during those crucial formative years, isn’t just a bummer – it’s potentially life-altering in the worst way possible.

The stats on kids who grow up without their parents or in foster care are downright depressing. Higher rates of mental health issues, substance abuse problems, and incarceration. Lower educational attainment and income levels. Increased risk of homelessness and early pregnancy. It’s a laundry list of societal ills that we’re essentially programming into these kids’ futures.

So, what’s worse? A mom who unwinds with a joint after the kids are in bed, or subjecting a child to a system that dramatically increases their chances of ending up depressed, addicted, or in prison?

Let’s flip the script for a second. Is a cannabis mom really such a horror show? We’re talking about people who love, nurture, and care for their kids. They clean scraped knees, cook meals, help with homework, and provide the emotional security that’s crucial for healthy development. Does the fact that they use cannabis suddenly negate all of that? Does it make them unfit for motherhood?

Hell no. In fact, recent research suggests that cannabis-using parents might actually be more engaged with their kids. They’re more likely to get down on the floor and play, to immerse themselves in their children’s worlds. That kind of interaction is gold for a developing brain.

But the law, in its infinite, scientifically illiterate wisdom, doesn’t see any of this nuance. It sees “drug user” and immediately equates that with “unfit parent.” Never mind the trauma inflicted on the child. Never mind the loving home destroyed. The War on Drugs demands its pound of flesh, and it’s our kids who are paying the price.

Is this really the society we want to live in? One where the state can snatch your children because you chose to consume a plant that’s less harmful than alcohol? Where families are torn apart not because of abuse or neglect, but because of outdated, hysterical drug policies?

We need to ask ourselves: Is the cost of this aspect of the War on Drugs higher than any perceived harm from cannabis use? Are we okay with traumatizing children to punish parents for a victimless crime? Because make no mistake, that’s exactly what we’re doing.

It’s time to wake up and smell the cannabis, folks. This isn’t about protecting kids. It’s about perpetuating a failed war that’s destroying lives and families. We need to demand better. We need policies based on science and compassion, not fear and stigma. Because right now, we’re not protecting children – we’re sacrificing them on the altar of prohibition. And that’s a cost that’s far too high to bear.

Alright, folks, it’s time to cut through the haze and face some hard truths. The War on Drugs has been ravaging our society for over half a century now. Isn’t it about damn time we admit this experiment in prohibition has failed spectacularly? We’re supposed to be living in an age of big data and evidence-based policy, yet here we are, still clinging to these draconian, uninformed drug laws like they’re some kind of security blanket.

Let’s talk hypocrisy for a second. We’ve got politicians and policymakers waxing poetic about protecting the children, using them as rhetorical shields in their crusade against drugs. But when it comes down to it, they’re more than happy to rip kids away from loving homes over a parent’s cannabis use. Tell me, how exactly is traumatizing a child by separating them from their family protecting them? It’s like trying to fireproof a house by burning it to the ground.

I don’t know about you, but I think it’s high time (pun fully intended) that we renegotiate our relationship with drugs from a policy perspective. We’re not the same society we were back in 1971 when Nixon kicked off this ill-fated war. We’ve evolved, we’ve learned, and we’ve seen firsthand the catastrophic consequences of treating a public health issue like a criminal one.

Using the full force of the law, including the child welfare system, to crack down on cannabis use is like using a sledgehammer to hang a picture frame. It’s excessive, it’s destructive, and it completely misses the point. We need policies that actually help families, not tear them apart. Policies based on science and compassion, not outdated moral panics and political posturing.

So here’s the sticky bottom line: It’s time to end this senseless war. It’s time to stop punishing parents for using a substance that’s legal in many states and less harmful than alcohol. It’s time to prioritize the real well-being of children over some misguided notion of drug-free purity.

Because let’s face it, the real danger to these kids isn’t a parent who uses cannabis responsibly. It’s a system that’s willing to traumatize them in the name of a failed ideology. And that’s a habit we need to kick, once and for all.

 

SOCCER MOMS AND WEED, READ ON…

CONFESSION OF A STONED SOCCER MOM

CONFESSIONS OF A STONED SUBURBAN SOCCER MOM!



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Did Jesus Heal People with Cannabis Oil?

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A study examining biblical texts suggests that Jesus Christ and his apostles might have used anointing oil made with cannabis to heal individuals suffering from debilitating diseases. This research has sparked a thought-provoking conversation about the potential role of cannabis in ancient religious practices, particularly those connected to Jesus and his followers. Evidence points to cannabis likely being a central component of anointing oils during biblical times, supporting the idea that Jesus may have harnessed the plant for its healing properties.

 

The Hidden Role of Cannabis in Ancient Biblical Anointing Oils

 

Recent scholarship has reignited debate about the potential use of cannabis in biblical anointing oils, particularly during the time of Jesus. Chris Bennett, writing for *High Times*, has drawn attention to the term “kaneh-bosem,” which appears in the Hebrew Bible and is traditionally thought to refer to aromatic reeds like calamus. However, Bennett builds on the work of Polish anthropologist Sula Benet, who in 1936 suggested that this term was a mistranslation and could refer to cannabis. Benet’s research, documented in essays such as *Tracing One Word Through Different Languages* and *Early Diffusions and Folk Uses of Hemp*, traced the term through ancient languages and demonstrated that it likely refers to cannabis.

 

Carl Ruck, a professor of classical mythology at Boston University, adds to this argument by claiming that cannabis had an important part in ancient Judaic religious activities and would have been present in early Christian ceremonies. Ruck reminds out that cannabis was easily accessible in the area and had a long history of use. In an interview with *The Guardian*, he asserted that “there can be little doubt about a role for cannabis in Judaic religion,” implying that the herb was most likely a component of the sacred mixes used for anointing in both Judaic and early Christian rites.

 

The presence of cannabis in these anointing oils may help explain the healing miracles ascribed to Jesus and his disciples. The oils of the period were prepared from a combination of spices and herbs, but the inclusion of cannabis may have increased their strength due to its well-known psychotropic and therapeutic characteristics. If cannabis was a vital element, it would imply that the plant was treasured not just for its spiritual importance, but also for its practical medicinal properties, which played an important part in the religious and healing traditions mentioned in biblical scriptures.

 

Cannabis-Infused Anointing Oils and the Healing Miracles of Jesus

 

Novel perspectives on the miraculous healings related in the Gospels arise from the hypothesis that cannabis was a part of Jesus’ and his apostles’ healing regimen. Chris Bennett contends that the anointing oils that Jesus and his disciples used were potent therapeutic mixtures that may have included cannabis as a major component, rather than merely ceremonial uses. Cannabis was well recognized in antiquity for its therapeutic qualities, especially in the treatment of pain, inflammation, and skin disorders. The Bible describes events in which Jesus healed people of a variety of diseases, such as leprosy and blindness, in which the calming and anti-inflammatory properties may have treated cannabis-infused oils.

 

 

Unlike modern-day cannabis use, which often involves smoking or ingesting the plant, the method of applying cannabis through infused oils allows for absorption through the skin. This method could have provided localized relief for those suffering from conditions such as skin diseases or joint pain, conditions commonly mentioned in biblical healing narratives. According to Bennett, those anointed with these oils were “literally drenched” in the potent mixture, which could explain the profound, almost immediate effects attributed to Jesus’ healing touch. This theory suggests that Jesus’ healing may have been enhanced by the medicinal properties of cannabis, in combination with spiritual or symbolic elements of the rituals.

 

If cannabis was included in Jesus’ anointing oil, this finding sheds new insight into the nature of his healing miracles. Rather than depending only on supernatural powers, Jesus may have used natural medicines, harnessing the strong effects of plants such as cannabis, which were widely available and well-known for their medicinal virtues. This perspective bridges the gap between the miraculous and the medical, arguing that the power of Jesus’ healings stemmed from a comprehensive grasp of natural ingredients as well as heavenly intervention. This viewpoint not only changes our understanding of biblical miracles but also reflects the larger usage of plant-based medicine in ancient religious and therapeutic traditions.

 

Modern Implications of Ancient Cannabis Use in Religious and Medical Contexts

 

Cannabis’s possible relevance in Jesus’ healing practices and early Christian healing practices calls into question the way the plant is currently seen in both religious and medical contexts. Modern audiences are encouraged to reevaluate the historical and spiritual importance of cannabis as public opinions about it change due to rising acknowledgement of its medicinal advantages and growing movements for its legalization. It is possible that cannabis had a major role in ancient religious ceremonies. Should cannabis have played a significant role in Jesus and his disciples’ healing practices, this would challenge the stigma attached to the plant and emphasize its potential as a respectable means of promoting both bodily and spiritual healing.

 

This study reveals that cannabis was not just a revered drug in ancient times, but also a useful one, employed for its medical benefits. As cannabis re-emerges in contemporary medicine, particularly in pain management, anxiety reduction, and the treatment of chronic illnesses, critical issues regarding its broader potential uses arise. Could the use of cannabis in ancient therapeutic rituals lead to a resurgence of plant-based medicines in religious or spiritual settings today? For many, the historical link between cannabis and early Christian practices makes a persuasive case for its inclusion in modern therapeutic approaches, whether in medical, alternative, or religious organizations.

 

Bottom Line

 

The study suggesting that cannabis may have been a key ingredient in Jesus’ anointing oils offers a provocative reexamination of ancient religious and healing practices. If true, it could mean that cannabis was used for its therapeutic properties in Jesus’ healing miracles, blending natural remedies with spiritual rituals. This theory invites modern readers to reconsider the historical and medicinal significance of cannabis, potentially reshaping its perception in both religious and medical contexts today.

 

JESUS AND ANCIENT CANNABIS, READ ON…

WATER TO WINE OR WAS THE SHRUB SATIVA

WHAT IF THE BURNGING BUSH WAS ACTUALLY SATIVA?



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