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For a very long time we have known all we need to know about marijuana, but we have strangely and stubbornly refused to act on that knowledge

Alain Miville de Chêne Entrepreneur, investor, student and lover of life.

During the last 125 years, governments all over the world have repeatedly appointed commissions to analyze the use of marijuana and provide recommendations. All major inquiries, among them the Indian Hemp Drugs Commission Report (1894), the Laguardia Committee (1939), and the Le Dain Commission of Inquiry into the Non-Medical Use of Drugs (1972), have come to essentially the same conclusion: as with any human activity, overuse is not good for you, but since pot is mostly used moderately, and the harmful consequences are rather minor, it is not worth making a big fuss. They especially agree that using the criminal justice system to limit its use is both futile and harmful to society.

For a very long time we have known all we need to know about marijuana, but we have strangely and stubbornly refused to act on that knowledge. Something is imprisoning our mind. Why do we persist in resisting reason?

A poster for Ray Test’s 1942 drama “Devil’s Harvest.”

Morality laws

Morality laws try to limit or eradicate permanent features of all societies: sex (adultery), sex (homosexuality), sex (sodomy), sex (prostitution), sex (pornography), sex (you get the idea!), gambling, and mind-altering substances (alcohol, marijuana and more.) Journalist H. L. Mencken summed it up nicely when he wrote: “Puritanism. The haunting fear that someone, somewhere, may be happy.”

Moralists latch on to some behaviour they fear or loathe, then hijack the criminal code in an attempt to magically will it out of existence, all the while blinded to the inefficacy of their solution and to the harms generated. When the behaviour doesn’t go away, because it has existed forever and there is no reason it should disappear now, the simplistic response is to squeeze harder.

Deep down, moralists know that their position is contrived. Therefore, to remain impervious to facts, they shun impartial studies. Instead of being guided by reason, they use it to justify their fixed beliefs and emotions. Their preferred method of communication is creating fear through propaganda.

Corbis via Getty Images “Marihuana: Weed with Roots in Hell” movie poster.

Harms in perspective

Since the 1920s we have been programmed to fear schizophrenia, car accidents, dropping out of school, cancer, gateway to other drugs and immorality in general. I took the time to survey the main purported harms, and it is always the same story: weak or non-existent consequences which are insignificant in proportion to other common life problems. For example, tobacco killed around 39,000 in 2002, alcohol killed around 4,200 in 2002, and more than 2,450 died from opioid overdoses in 2016. Nobody died from marijuana.

The real and grave harm comes not from the product itself but from passing through the criminal justice system. In 2013, Canada registered its millionth arrest for marijuana possession. What good did that do? Why all the suffering? A criminal record or even an arrest record can bar a person from many types of jobs and easily deny their entry into the United States, even 24 years later.

The prohibition of alcohol in the U.S. lasted from 1920 to 1933. It took the U.S. 13 years to learn the lesson that it doesn’t work. Our society still hasn’t learned this one after almost a century.

Legislating in the land of fools

The underlying hypothesis behind all this is that laws will make people behave as desired.

Countless articles discuss if pot should be sold to 18 or 21 year olds in order to protect youngsters. Currently, pot is not authorized at any age, yet anyone who wants it can get as much of it as they want. Why on earth would a number on a new statute book change this stubborn fact? Of course, it makes sense to limit sales in shops to persons of a certain age, but there’s no reason to expect setting an age limit in the law will “protect the young.”

Try to entertain the possibility that you might be enthralled by propaganda.

The spectre of high-strength marijuana is regularly brandished: today’s pot is not what was available in the sixties. It is way more dangerous, therefore its THC content should be legislated. Why do we forget that the high strength stuff has been available for centuries? It is called hashish. It was available in the sixties, and it still is.

By all means, let us establish lawful limits on all the parameters we want (age, THC concentration, number of plants grown at home, etc.) in order to make life easier for a lot of people, but we should stop thinking that everyone will from then on follow the new rules. They won’t.

Look at how it works with opioids. No laws were changed recently, yet the consumption of illegal opioids is rising and deaths from fentanyl are at an all time high. People will take or abandon drugs for reasons other than the laws on the books.

PLEASE CONTINUE READING…

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“At a certain point, you have to realize this is against the law…”

Image result for MARIJUANA JUSTICE

Lawyers Handling Marijuana Business Operate in Hazy Legal Zone

By Brian Melley | December 12, 2017

Just as entrepreneurs getting into the retail pot industry need a good lawyer, some of those lawyers might be wise to consult an attorney of their own.

Lawyers in the burgeoning business are entering a legal gray zone where the drug is permitted for some purpose in most states but illegal under federal law – in the same controlled substances category as heroin. Missteps could lead to prosecution for conspiracy, money laundering or aiding and abetting drug dealers.

“Any lawyer that goes into this should be aware that a literal reading of federal law permits such a prosecution,”

said Sam Kamin, a University of Denver marijuana policy law professor, whose research five years ago found lawyers more susceptible to being disbarred than criminally charged for cannabis-related work. “It probably makes sense for a lawyer to at least talk to a legal ethicist or get an opinion from a legal ethicist.”

Attorney General Jeff Sessions reiterated his opposition to legal weed last week and a congressional amendment prohibiting federal prosecutors from targeting medical marijuana is due to expire at the end of the year.

Sessions has not said if he will reverse a longstanding Justice Department policy not to interfere with purveyors complying with state laws but to focus prosecutions on trafficking, sales to minors, cartels and gangs in the business, violence or gun use in cultivation or distribution, and pot grown on public land.

Despite a few instances of lawyers being prosecuted in federal and state court – including a pending San Diego County case – more attorneys are jumping into cannabis law. Legal needs range from financing to permits, real estate, water law, intellectual property, contracts and banking.

With California allowing recreational pot retail sales Jan. 1, interested investors are reaching out to attorneys like Mitch Kulick to find out how to safely finance the potentially lucrative industry.

Kulick, a New York lawyer who offers his expertise in many states, recently gave his typical scare spiel to a real estate magnate about the possible legal consequences, and said he could only help mitigate risk so much.

“At a certain point, you have to realize this is against the law. There’s no insurance policy to take away the risk,” Kulick said he told the man. “If I was already a billionaire, I might not be taking the risk.”

Kulick, who once worked as a lawyer for the Securities and Exchange Commission and a major international firm, had to do a similar risk analysis and soul searching before deciding to commit to the higher cause, so to speak.

There has been a tipping point for many lawyers setting up boutique pot law firms and jumping from old-school law firms as demand for their services trumps fear of legal repercussions and the stoner stigma fades as more states legalize marijuana use.

Attorney Chris Davis, who grew up in Berkeley around friends and family who use the drug, found people operating in the shadows who wanted to go legit when he returned to California from New York two years ago.

“So many people were asking how to go legal and how to worry less,” said Davis, executive director of the National Cannabis Bar Association, which has about 300 members in the U.S. and Canada and is growing rapidly. “It became impossible to turn people away.”

Lawyers specializing in the business see themselves at the frontier. That leaves a fascinating opportunity to shape laws and regulations and the daunting prospect of the unknown.

“Lawyers like things to be settled,” Davis said. “It’s hard to get a lawyer to give you a yes or no answer. In the cannabis industry, there really is no yes or no answer.”

Some state bar associations have given lawyers cover to counsel marijuana clients within the bounds of state law. Others say federal law keeps the area off-limits because ethical rules prevent them from helping clients commit crimes.

Attorney Larry Donahue had several medical marijuana clients at his firm in Albuquerque, New Mexico, until the state bar issued a January 2016 opinion that said lawyers could be exposed to ethics charges for such work. Donahue had to terminate four or five clients.

“It was a very chilling opinion,” he said. “It basically scared the hell out of us.”

While prosecutions of attorneys are rare, a case in San Diego has gotten the attention of many lawyers, mainly because of aggressive tactics employed by the district attorney.

Attorney Jessica McElfresh was charged with several felonies alleging she helped a client hide evidence of marijuana manufacturing.

The case might have received less notice if prosecutors didn’t unsuccessfully try to get around the sacrosanct lawyer-client privilege and seek communications with all her marijuana clients.

McElfresh, who vehemently denies the charges, said she knew specializing in pot law carried risks, but she couldn’t foresee “in a million years” police raiding her house. She and her boyfriend and mother were escorted into her backyard, where she was handcuffed barefoot in her pajamas during the search.

She said she didn’t take the risks some lawyers do by sitting on the boards of a client’s company, owning a share in a business or introducing clients to one another.

“I am one of the most conservative and boring people you would ever meet in cannabis law,” she said. “The only way I could have been more careful would have been not to engage in this area of law at all.”

A new district attorney took office after McElfresh was charged and allowed five co-defendants facing similar charges to plead guilty last month to misdemeanors and get probation.

The San Diego district attorney’s office wouldn’t comment, but in a statement cited the recreational pot law passed by voters last year and the new administration’s “changing focus” as part of the reason for the plea deals. It’s not clear if that change will affect McElfresh’s pending case.

CONTINUE READING…

Wayward Bill attends the 2017 Cannabis Business Awards, Alexis Bortell wins “Most Influential” 2017!

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The Cannabis Business Awards 2017 Presented by Chloe Villano and Clover Leaf

There were many valuable and appreciated Activists who were represented at the Cannabis Business Awards in Denver, Colorado last night.

The Cannabis Business Awards features industry power players including CEO and Founder Chloe Villano, an entrepreneur featured in People Magazine’s “Marijuana Millionaires.” As one of the first and most sought-after consultants in the industry, Villano was the first executive to receive full accredited approval from the Department of Higher Education for her cannabis school Clover Leaf University. LINK

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Undoubtedly the Star of the show was Alexis Bortell, who won “Most Influential Individual” for 2017.  Alexis is suing General Jeff Sessions “not for money but for freedom”!  You can view the video of her acceptance at this LINK.

alexis bortell 12.7.17

The suit aims to prove that the Controlled Substances Act, the statute governing federal drug policy, is unconstitutional as it relates to marijuana, according to Alexis’ attorney, Michael S. Hiller.   LINK

In 2016 Wayward Bill won the Lifetime Achievement Award and has attended and participated in each yearly event since it began in 2012.  The following pictures he gathered while attending last nights ceremony.

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GOOGLE SEARCH FOR ALEXIS BORTELL HERE

FOLLOW CHLOE VILLANO ON FACEBOOK FOR UPDATED INFORMATION!

40 YEARS FOR MARIJUANA IS NOT JUSTICE

GRANT CLEMENCY TO OUR SON EDWIN RUBIS – 40 YEARS FOR MARIJUANA IS NOT JUSTICE

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Jeremy Malone Huntsville, AL

Our son, Edwin Rubis, is serving a federal sentence of 40 years for a non-violent marijuana offense. [www.marijuanaliferproject.org/federal-prisoner-edwin-rubis-is-serving-life-for-marijuana/

At age 29, our son, while battling drug addiction, associated himself with drug couriers, and was charged with conspiracy to distribute marijuana. After his arrest, his court-appointed attorney advised him, along with us, that he needed to provide information on others in the drug trade. Edwin could not provide such information. Therefore, he was quickly deemed “uncooperative”, and the judge gave him a harsh sentence – 40 years.

Edwin has been away from us for the last 19 years.

During the course of time, we have adamantly petitioned, and at times cried, for his early release, at every level of the court system. Sadly to say, we continue to struggle, missing him, with no positive resolution to obtain his freedom. Edwin’s children need him. We need him. Our son is not a terrorist, a rapist, a gang member, nor a violent individual to continually be kept in prison for decades for distributing marijuana. While imprisoned, Edwin has taken diligent steps to better himself. He has achieved numerous rehabilitation programs from the psychology and religious departments. He has graduated from college with a degree in Religious Education; and he is currently pursuing a Master’s degree in Counseling and Therapist Certification. In addition, he serves as a mentor to others, under the supervision of the head chaplain. He is also working as a G.E.D. and E.S.L. tutor in the education department, at his present institution of confinement, helping others further their education. In addition, Edwin also finished a 2 year dental apprenticeship from The Department of Labor, and worked as a dental assistant for the last 7 years in the medical department.

We love our son, [uncle, father, and brother]. We wish for him to receive another chance at life. But our dream for him to be reunited with us, can not be accomplished without your full support.

Please help us obtain our son’s freedom by signing this petition urging President Donald Trump to grant our son clemency or a pardon.

Edwin is a changed man. He has been fully rehabilitated and deserves a second chance at life.

Sincerely, Maria Roque – and – Family.

PLEASE CONTINUE READING AND SIGN THE PETITION TO FREE THIS MAN NOW!

We the undersigned, Americans who join the millions of our fellow citizens who responsibly use the botanical plant kratom…

CONTINUE OUR VIRTUAL
MARCH ON WASHINGTON
DAY TWO
PLEASE CO-SIGN OUR
OPEN LETTER TO ROBERT W. PATTERSON

ACTING DIRECTOR, U.S. DRUG ENFORCEMENT ADMINISTRATION

Please Sign Letter Here

Dear Administrator Patterson,
We the undersigned, Americans who join the millions of our fellow citizens who responsibly use the botanical plant kratom as a part of our health and well-being regimens, join the American Kratom Association (AKA) in strongly urging the Drug Enforcement Administration (DEA) to conduct a thorough and independent 8-Factor Analysis on kratom to test the credibility of the scheduling recommendation submitted by the US Food and Drug Administration (FDA).
In its enactment of the Controlled Substances Act, Congress has wisely required the DEA to do its own independent review on scheduling recommendations submitted by the FDA to provide a 2nd opinion on important substance scheduling issues.  That 2nd opinion is desperately needed in the evaluation of kratom because the science directly refutes the FDA claims.
Specifically, we respectfully ask the DEA to carefully examine the following issues in its own 8-Factor Analysis on kratom:

  • Kratom is a safe botanical that does not kill people.  The deaths the FDA claims are caused by kratom are actually fatalities associated with underlying health issues of the decedent, or caused by the use of other toxic doses of substances that are co-administered or mixed with kratom. Kratom has a long history of safe use over centuries when responsibly consumed, and the FDA claims are simply unsupportable based on the science.
  • If kratom is banned, opioid deaths will increase.  The opioid crisis in America kills more than 90 people every day.  Credible studies show that many people manage pain using kratom as an alternative to dangerously addictive and potentially deadly prescription opioids.  If it is banned, those people will be forced to opioid use, or to the black market for products that are contaminated or adulterated, and therefore very dangerous.  The perverse public health outcome from any ban on kratom will result in more deaths.
  • Kratom is an alternative to opioids, not a gateway to opioid abuse.  Kratom does not produce a high like opioids; kratom does not suppress the respiratory system like opioids; and kratom does not produce opioid-like effects.  Kratom is safely and responsibly used by millions of Americans, including some for alleviating pain. Without kratom, many will be forced to opioid use to alleviate pain.
  • The AKA, and we agree, strongly supports appropriate FDA regulations to protect consumers.  Protecting consumers from adulterated and contaminated kratom products; assuring children cannot purchase or consume kratom; imposing good manufacturing standards to ensure product purity; product packaging standards to prevent tampering; and clear labeling and health claims restrictions similar to other dietary supplement products, are important roles for the FDA to have in protecting consumer safety, and we welcome such restrictions to ensure continued safe and responsible use of kratom products by consumers.

The DEA has received an independent 8-Factor Analysis on kratom authored by one of the leading experts on addiction and substance safety, Jack Henningfield, Ph.D., and we believe that data will be critically important to the DEA’s own analysis of kratom.  In addition, there are four other key studies on kratom use that the DEA should consider that clearly demonstrate the harm that will be done by any scheduling order on kratom.
Respectfully submitted,

Please Sign Letter Here

Federal law clearly prohibits anyone who consumes cannabis—for any reason, and regardless of state legality—from purchasing a firearm

Surrender Your Guns, Police Tell Hawaiian Medical Marijuana Patients

Bruce Barcott   November 27, 2017

The Honolulu Police Department has sent letters to local medical marijuana patients ordering them to “voluntarily surrender” their firearms because of their MMJ status.

This may be the first time a law enforcement agency has sought out state-registered medical marijuana patients and ordered them to surrender their guns.

The letters, signed by Honolulu Police Chief Susan Ballard, inform patients that they have 30 days upon receipt of the letter to transfer ownership or turn in their firearms and ammunition to the Honolulu Police.

The existence of the notices, first reported early today by Russ Belville at The Marijuana Agenda podcast, was confirmed to Leafly News this afternoon by the Honolulu Police Department.

The startling order comes just three months after the state’s first medical marijuana dispensary opened in Hawaii’s capital city.

The clash between state marijuana laws and federal firearms law—which prohibits all cannabis patients and consumers from purchasing firearms—is a growing point of legal contention in the 29 states with medical marijuana laws. The Honolulu letters, however, may represent the first time a law enforcement agency has proactively sought out state-registered medical marijuana patients and ordered them to surrender their guns.

RELATED STORY

First Medical Cannabis Dispensary Opening in Hawaii

Federal law clearly prohibits anyone who consumes cannabis—for any reason, and regardless of state legality—from purchasing a firearm. On the US Bureau of Alcohol, Tobacco, and Firearms (ATF) Form 1140-0020, which must be completed by firearm purchasers, applicants are asked if they are “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.”

In case it’s unclear to the applicant, the ATF includes this warning in bold type:

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

RELATED STORY

Can Medical Marijuana Patients Legally Own Guns?

Federal Court Upheld the Ban

Many state laws allow patients to medicate with cannabis, but the federal prohibition on cannabis consumption crosses that legality when it comes to firearms. The supremacy of federal law on this point was upheld last year by the 9th US Circuit Court of Appeals.

“It may be argued that medical marijuana users are less likely to commit violent crimes, as they often suffer from debilitating illnesses, for which marijuana may be an effective palliative,” the federal ruling stated. “But those hypotheses are not sufficient to overcome Congress’s reasonable conclusion that the use of such drugs raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”

RELATED STORY

Guns or Cannabis: Which Is More Strictly Regulated?

State Law Applies

The Honolulu Police Department cites state law, not federal law, as the basis for the order. “Under the provisions of the Hawaii Revised Statutes, Section 134-7(a), you are disqualified from firearms ownership,” says the letter.

Curiously, HRS 134-7(a) makes no specific mention of a person’s medical marijuana status. It’s a blanket statement about federal law:

134-7(a) No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.

Until now, the clash between firearm ownership and patient status has been largely avoided through a de facto “don’t ask, don’t tell” policy. Firearms purchasers are forced to either lie on the ATF form (a federal offense), or tell themselves they’re technically honest—the ATF form asks, “Are you an unlawful user of, or addicted to, marijuana,” and those who quit cannabis yesterday technically were but no longer are unlawful users of marijuana.

RELATED STORY

Do Medical Marijuana Patients Give Up Their Right to Bear Arms?

A number of states issue medical cannabis patient cards or authorizations but do not keep a searchable database of patient names. In some medical cannabis states, like Arizona, firearm purchasers are not required to register with the state.

Hawaii, though, maintains an electronic database of both firearm purchasers, who must complete both the federal ATF and a state permit application, and medical marijuana patients. That allowed the Honolulu police to cross-check and compile a list of MMJ patients in the state’s firearms registry.

CONTINUE READING…

Ready to Join Organized Marijuana Medicine?

Robert Lowes

November 20, 2017

There’s a professional society for seemingly every kind of medical specialist, even cannabis clinicians.

Or medical marijuana physicians. Or pot doctors, in street parlance.

And just as there’s a choice of what to call physicians who use the plant to treat everything from pain to multiple sclerosis, there’s a choice of three different medical associations to represent them. Their emergence over the past 15 years coincides with the legalization of medical marijuana in 29 states and Washington, DC, and recreational marijuana in eight states and DC.

The three associations amount to friendly rivals that strive for professional respectability, which hasn’t always attended their field. David Bearman, MD, a board member of the American Academy of Cannabinoid Medicine (AACM), castigates medical marijuana dispensaries that have hired bikini-clad young women to lure passersby inside for a quick visit with an on-site clinician.

“We wanted to marginalize those people,” Dr Bearman told Medscape Medical News about the formation of his group.

The AACM, the Society of Cannabis Clinicians (SCC), and the American Medical Marijuana Physicians Association (AMMPA) all want to educate the public and the medical profession alike about marijuana and its therapeutic chemicals and see more research in this field. Despite strong headwinds from the federal government, one being an unsympathetic attorney general, they have high hopes for their work, which they say could become a bonafide medical specialty.

They have their own electronic medical marijuana record, for crying out loud.

Branching Out From California Roots

The SCC is the oldest of the three marijuana physician societies, formed in 2004 by the California Research Medical Group. That organization, in turn, was created by the late Tod Mikuriya, MD, who helped write the seminal 1996 ballot resolution in California that legalized medical marijuana and caught fire in other states.

Of the group’s roughly 350 members, about half are physicians in specialties as diverse as geriatrics, pediatrics, emergency medicine, and psychiatry, SCC President Jeffrey Hergenrather, MD, told Medscape Medical News. Membership, which costs $150 a year, is open to any clinician, be it naturopath or nurse practitioner, who is authorized by his or her state to “recommend” medical marijuana (prescribing is reserved for legal drugs).  Membership has spread from the West Coast across the country and abroad.

The group offers, among other things, courses on medical marijuana good for continuing medical education (CME) credits, online quarterly meetings, and a collection of case reports on the group’s website (“Neuroblastoma, a childhood cancer, was treated with cannabis after failure of conventional therapy. Cancer disappeared after 4 years of regular cannabis use.”).

Physicians like Dr Hergenrather would argue that human beings are made for medical marijuana, given the body’s recently discovered endocannabinoid system. Endocannabinoids are retrograde neurotransmitters that attach to cannabinoid receptors in the nervous system and help regulate pain, appetite, memory, immune response, and other bodily functions. Marijuana plants contain more than 100 biological cousins called phytocannabinoids — chief among them tetrahydrocannabinol (THC) and cannabidiol (CBD) — that work like natural endocannabinoids to bring the body into balance, said Dr Hergenrather, a self-styled “cannabis consultant” in Sebastopol, California. Marijuana also contains molecules called terpenes that can reduce anxiety or control seizures, he said, but phytocannabinoids inspire the most medical interest.

CONTINUE READING ARTICLE HERE….

Senator Cory Booker still wants to legalize marijuana nationally by punishing prohibition states

Erik McLaren     17 November, 2017

Senator Cory Booker to Legalize Marijuana Nationally By Punishing Prohibition States 1 of 2 800x400 Senator Cory Booker still wants to legalize marijuana nationally by punishing prohibition states

Above:  WASHINGTON, DC – MARCH 10: U.S. Sen. Cory Booker (D-NJ) (3rd L) speaks during a news conference on medical marijuana as U.S. Sen. Kirsten Gillibrand (D-NY) (2nd L), U.S. Sen. Rand Paul (R-KY) (3rd R), Kate Hintz (2nd R) and Morgan Hintz (R), who suffers from a rare form of epilepsy, look on Capitol Hill, on Capitol Hill, March 10, 2015 in Washington, DC. The news conference was held to announce a new medical marijuana bill before the U.S. Senate. (Photo by Mark Wilson/Getty Images)

New Jersey Senator Cory Booker put forward a bill that would legalize weed in the United States earlier this year and has been promoting it ever since. The legislation goes further than simple legalization by punishing states with racist policing practices. With the Republican-controlled Congress, this bill is a long shot with golden intentions.

The bill would totally remove weed for the controlled substances act, making it legal on a federal level. This has been the main goal for activists since marijuana prohibition first started. “This is an important step,” Booker said in a Facebook Live post, “But it is only a beginning.”

Other issues around legalization center around what to do with people who currently have weed related criminal records. Booker’s bill would expunge criminal records for people convicted of using or possessing marijuana, even if those charges stretch back decades.

“We need to remember that these are charges that follow people for their entire lives, and make it difficult for them to do things we take for granted,” Booker said.

Even if weed was legal federally, individual states could still elect to keep cannabis prohibited. A goal of the bill is address discrimination in drug enforcement.

In order to encourage hold-out states to legalize, Booker’s bill would withhold federal funding from states that arrest black people for weed crimes at higher rates than whites.

According to the ACLU, that includes every state in which weed is illegal.

The bill would also clear people who’ve served time for use and possession. “For people in prison right now on marijuana charges, it gives them an avenue to have their sentences reduced or eliminated,” Booker said.

Booker has political aspirations greater than the Senate. There’s a lot of buzz around Booker and a 2020 presidential campaign. So, this bill could be a way to build a base for a presidential run. While Booker’s plan may seem ambitious, the bill’s message aligns with the popular and political opinion. According to a 2017 Gallup poll, 64% of Americans think cannabis should be legal. For the first time in history, the majority (51%) of Republicans support legalization. Booker will likely receive major support from his own party with 72% of Democrats on board for legal weed.

Screen Shot 2017 10 25 at 7.45.55 AM 1 Senator Cory Booker still wants to legalize marijuana nationally by punishing prohibition statesCourtesy of Gallup

This move also distances Booker from Governor Chris Christie, the wildly unpopular wildebeest that currently represents New Jersey. Christie has promised to strike down legalization. Whatever office Booker is after, his bill certainly pushes him in the right direction.

Erik McLaren

CONTINUE READING…

Colorado girl suing U.S. attorney general to legalize medical marijuana nationwide

Posted 9:24 pm, November 9, 2017, by Rob Low,

LARKSPUR, Colo. — Alexis Bortell is hardly the first child whose family moved to Colorado for access to medical marijuana.

But the 12-year-old is the first Colorado kid to sue U.S. Attorney Jeff Sessions over the nation’s official marijuana policy.

“As the seizures got worse, we had to move to Colorado to get cannabis because it’s illegal in Texas,” said Bortell, who was diagnosed with epilepsy as a young child.

The sixth-grader said traditional medicine wasn’t helping her seizures and doctors in her home state were recommending invasive brain surgery.

But a pediatrician did mention an out-of-state option: Medical marijuana.

Shortly after moving to Larkspur, Bortell’s family began using a strain of cannabis oil called Haleigh’s Hope.

A drop of liquid THC in the morning and at night has kept her seizure-free for 2 1/2 years.

“I’d say it`s a lot better than brain surgery,” Bortell said.

But Bortell said the federal prohibition on marijuana prevents her from returning to Texas.

“I would like to be able to visit my grandparents without risking being taken to a foster home,” Bortell said on why she’s joined a lawsuit that seeks to legalize medical marijuana on the federal level.

Haleigh’s Hope.

Since the 1970s the Drug Enforcement Agency has classified marijuana as a Schedule One drug, which in the eyes of federal policy makes marijuana more dangerous than meth or cocaine and on par with heroin.

“How is that rationale? It’s not compassionate either, but rationality? It’s just outrageous,” said Alexis’ dad Dean Bortell.

He showed his backyard fields, where he grows five acres of marijuana plants used to derive the medicine that helps his daughter and patients he’s never met.

“When you look at it from a distance and you see it saving their lives, me as a father and an American, I go, what are we doing? How could you possibly look at someone who`s benefiting from this as a medicine and threaten to take it away?” Bortell said.

Twenty-nine states and the District of Columbia have legalized medical marijuana.

Alexis’ New York attorney Michael Hiller argues it should be legal nationwide.

“As it pertains to cannabis, the (Controlled Substances Act) is irrational and thus unconstitutional,” said Heller, who added the U.S. government “made a representation that cannabis has medical application for the treatments of Parkinson`s Disease, HIV-induced dementia and Alzheimer’s disease and yet at the same time the United States government maintains that there is absolutely no medical benefit for the use of cannabis. That is of course absurd.”

Denver attorney Adam Foster represents marijuana businesses.

He said he thought the lawsuit was clever but admitted its success might be a long shot.

“Whenever you sue the government, the deck is really stacked against you,” Foster said.

But he added the federal government might have a hard time arguing medical marijuana has no known medical benefits.

“We now live in an era where 62 percent of Americans live in a state where the medical use of cannabis is legal at the state level,” he said.

Alexis Bortell said she hopes her lawsuit will normalize medical marijuana but also legalize it.

“We’ll be able to be treated like what you call ‘normal’ families,” she said.

Bortell is joined in the lawsuit by another child, a military veteran, a marijuana advocacy group and former Broncos player Marvin Washington, who played on the 1998 Super Bowl-winning team.

The federal government has already lost its first motion to have the case dismissed.

CONTINUE READING AND TO VIDEO!

“Using medical cannabis with a doctor’s recommendation in accordance with state law is no excuse for failing a drug test…”

Feds Clarify: Medical Marijuana Isn’t An Excuse In Drug Testing

Published 4 hours ago on November 10, 2017 By Tom Angell

Using medical cannabis with a doctor’s recommendation in accordance with state law is no excuse for failing a drug test, the Trump administration says in a new clarification of federal rules.

“The term ‘prescription’ has become more loosely used in recent years,” the U.S. Department of Transportation (DOT) writes in a ruling scheduled to be published in the Federal Register on Monday. “Some state laws allowing marijuana use the term ‘prescription,’ even though a recommendation for someone to use marijuana under state law is not a prescription consistent with the Controlled Substances Act.”

Under federal regulations, safety-sensitive transportation industry employees are subject to drug testing. In the instance of a positive test, an employee has the opportunity to show that the result was due to their taking a legal prescription medication.

But now, due to growing confusion related to the increasing number of states allowing medical cannabis, the government is adding language to regulations to clarify that the exemption only applies to a “legally valid prescription consistent with the Controlled Substances Act.”

Marijuana is classified under Schedule I of the CSA, a category reserved for drugs that the federal government believes have no medical value. As such, it cannot be prescribed by doctors; they can only recommend it.

“The key point of the phrase we have added is to make sure that a prescription is legally valid. For example, regardless of any state ‘medical marijuana’ laws, there cannot be a legally valid prescription for marijuana, since it remains a Schedule I substance under the CSA,” Transportation Sec. Elaine Chao writes in the new filing.

“Marijuana is a Schedule I drug and, therefore, regardless of the prescribing physician’s intent, it cannot be the basis of a legitimate medical explanation,” the new filing says. “Consistent with longstanding DOT regulatory language and guidance…[Medical review officers] must not treat medical marijuana authorizations under state law as providing a legitimate medical explanation for a DOT drug test that is positive for marijuana.”

The newly clarified rules take effect on January 1.

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