Tag Archives: Utah

State agents seize Heber City shop’s supply of CBD oil

by DJ Bolerjack   Thursday, December 28th 2017

cbd indiana

(KUTV) – The owner of a Heber City business, Medical Vanguard and Aspen Grove Rustics, is baffled after his cannabidiol, or CBD oil product, a nonpsychoactive byproduct from cannabis plants, was confiscated from his store’s shelves.

Manager of the business, Jenifer Tringham, told 2News Wednesday that they had checked with the DEA and found it was legal in all 50 states at the time.

The manager found the law confusing and since numerous smoke shops across Utah were selling the product, he assumed it was legal.

That profit was on the shelf for weeks, and Tringham said they were helping a lot of people and making a nice profit from it. But when the Department of Occupational and Professional Licensing found out about them selling CBD, they were served a subpoena by state agents.

“We didn’t realize that here in Utah, those that have a medical card and that suffer from epilepsy, they’re the only ones I can really have a CBD oil on hand,” Tringham said.

Dr. Marc Babitz, with the Utah Health Department, said CBD oil is legal only by use in Utah, not to sell.

“Number one: You must see your neurologist, somebody that specializes in seizure disorder who documents that you have a seizure disorder. They fill out forms, you fill out forms, bring them to the Department of Health, verify the information is correct and if everything is fine we issue you a card in the card allows you to be in possession of CBD oil.” Babitz said.

That oil has to be purchased outside of the state in places where it’s legal. Like Nevada and Colorado. With that card, it’s legal to bring back into the state.

“I don’t know of anything that would allow the sale of marijuana products of any kind,” Babitz said.

Now, it’s unclear whether the owner will face charges.

“Right now we’re not selling it. We are abiding by what we were told to do and that was to take it off the shelf and that’s what we’re doing right now.” Tringham said.

If you want to hear more from business owners or the Department of Health on this issue watch the news story above.

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MISC.

http://kutv.com/news/local/gallery/state-agents-seize-heber-city-shops-supply-of-cbd-oil#photo-4

http://kutv.com/news/local/state-agents-seize-heber-city-shops-supply-of-cbd-oil

Ex-judge urges Obama to commute harsh sentence he was forced to give

https://i2.wp.com/www.thecannabist.co/wp-content/uploads/2016/02/mandatory-sentence-Weldon-Angelos-federal-judge-paul-cassell-800x496.jpg

A former federal judge in Utah is asking President Barack Obama to commute the sentence for Weldon Angelos, a music producer who was jailed in 2004. Pictured: In this Nov. 15, 2005 file photo, members of Safer Choice stand in protest at a Denver federal courthouse, where the court was hearing an appeal of Angelos’ conviction. (Ed Andrieski, Associated Press file)

 

Ex-judge urges Obama to commute harsh sentence he was forced to give

Weldon Angelos prison sentence: A former federal judge says the 55-year drug sentence he had to hand down is ‘unjust, cruel and irrational’ for a nonviolent offender who was subject to a lengthy prison term for bringing a gun to marijuana deals

Published: Feb 10, 2016, 5:20 pm Comments (6)

By Lindsay Whitehurst, The Associated Press

SALT LAKE CITY — A former federal judge who gave a Utah music producer 55 years in prison for bringing a gun to marijuana deals asked the president to commute the sentence Tuesday, the latest appeal in a case held up as an example of problems with mandatory minimum sentencing laws.

Paul Cassell, now a law professor, said in a clemency petition letter that he was deeply troubled by the lengthy sentence he was forced to hand down in 2004 to Weldon Angelos, then a 24-year-old father of three.

The sentence he called “unjust, cruel, and even irrational” was the main reason Cassell stepped down from the bench after five years. Angelos got a longer prison term than people convicted of crimes such as kidnapping, rape and second-degree murder, Cassell said.

“When the sentence for actual violence inflicted on a victim is dwarfed by a sentence for carrying guns to several drug deals, the implicit message to victims is that their pain and suffering counts for less than some abstract ‘war on drugs,’” the former judge wrote.

Angelos likely would not face such a harsh sentence today, Cassell said. President Barack Obama has pushed for the reduction or outright elimination of severe mandatory minimum sentences for non-violent offenders. The White House did not immediately return a message seeking comment Tuesday.

Angelos founded Extravagant Records in Utah, producing hip-hop and rap music. He had no criminal record before he was convicted of selling $350 worth of marijuana to a police informant three times.

Prosecutors said he was a gang member who carried a gun during two of those deals, though he was not accused of using or showing a weapon. Angelos denied being in a gang and having a firearm, but police found several guns while searching his apartment.

He was convicted in federal court of 16 counts of drug trafficking, weapons possession and money laundering.

The penalty for possessing firearms during a drug transaction carries a mandatory minimum sentence of five years for the first offense and 25 years for each subsequent deal. The federal system does not have parole.

It’s not the first time the president has been urged to commute Angelos’ sentence. In 2013, more than 100 high-profile figures petitioned the White House, including an ex-FBI director, prosecutors and celebrities.

Politicians such as Republican Utah Sen. Orrin Hatch and Democratic Vermont Sen. Patrick Leahy also have said the punishment didn’t fit the crime. The conservative billionaire Koch brothers have also taken notice of the case in their push for sentencing reform.

The U.S. Attorney’s Office for Utah declined to comment on the case. But Assistant U.S. Attorney Robert Lund said in 2004: “This sends the message that people who engage in armed drug dealing are going to face very serious consequences.”

The 10th U.S. Circuit Court of Appeals has upheld the sentence, and the U.S. Supreme Court has denied Angelos’ petition for a hearing.

Angelos, now 36, has served more than 12 years in prison, and a presidential commutation is his only option.

His sister, Lisa Angelos, said the clemency letter is a “huge” step that she hopes is a turning point. Weldon Angelos has spent his time in a prison in California earning a business degree, working in the institution’s dental lab and tutoring others, she said.

The expense of traveling there makes it hard for his family to visit, and he recently saw his sons, now 17 and 19, for the first time in years, his sister said.

“He’s missing out on basically their entire lives,” Lisa Angelos said.

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RELATED STORY: 

Jeff Mizanskey, sentenced to life for pot, freed from Missouri prison

DEA warns of stoned rabbits if Utah passes medical marijuana

 

 

Utah is considering a bill that would allow patients with certain debilitating conditions to be treated with edible forms of marijuana. If the bill passes, the state’s wildlife may "cultivate a taste" for the plant, lose their fear of humans, and basically be high all the time. That’s according to testimony presented to a Utah Senate panel (time stamp 58:00) last week by an agent of the Drug Enforcement Administration.

"I deal in facts. I deal in science," said special agent Matt Fairbanks, who’s been working in the state for a decade. He is member of the "marijuana eradication" team in Utah. Some of his colleagues in Georgia recently achieved notoriety by raiding a retiree’s garden and seizing a number of okra plants.

Fairbanks spoke of his time eliminating back-country marijuana grows in the Utah mountains, specifically the environmental costs associated with large-scale weed cultivation on public land: "Personally, I have seen entire mountainsides subjected to pesticides, harmful chemicals, deforestation and erosion," he said. "The ramifications to the flora, the animal life, the contaminated water, are still unknown."

Fairbanks said that at some illegal marijuana grow sites he saw "rabbits that had cultivated a taste for the marijuana. …" He continued: "One of them refused to leave us, and we took all the marijuana around him, but his natural instincts to run were somehow gone."

It’s true that illegal pot farming can have harmful environmental consequences. Of course, nothing about these consequences is unique to marijuana. If corn were outlawed and cartels started growing it in national forests, the per-plant environmental toll would be about the same.

But backcountry marijuana grows are a direct result of marijuana’s illegal status. If you’re concerned about the environmental impact of these grows, an alternative is to legalize and regulate the plant so that people can grow it on farms and in their gardens, rather than on remote mountainsides.

Now, regarding rabbits. Some wild animals apparently do develop a taste for bud (and, yes, best to keep it away from your pets). But I don’t know that the occasional high rabbit constitutes grounds for keeping marijuana prohibition in place, any more than drunk squirrels are an argument for outlawing alcohol. And let’s not even get started on the nationwide epidemic of catnip abuse.

There was a time, not too long ago, when drug warriors terrified a nation with images of "the devil’s weed" and "reefer madness." Now, it seems that enforcers of marijuana law conjuring up a stoned bunny?

Not scary enough for the Utah Senate, it seems: the panel approved the bill and sent it to the full Senate, where it will be debated this week.

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Lexology Report: Congress temporarily de-funds US-DOJ medical marijuana prosecution but does not legalize medical marijuana

  • Littler Mendelson
  • Dale L. Deitchler

     

    • USA
    • December 30 2014

     

    Dale L. Deitchler Author page »

    In a few short paragraphs within the 1,603-page congressional spending bill signed into law on December 16, 2014, Congress prohibited the U.S. Department of Justice from using federal funds to prosecute users, growers and distributors of medical marijuana in states that have enacted medical marijuana statutes.  The full text of the de-funding rider barring the DOJ from the use of funds to “prevent. . . implementation” of state and local laws legalizing medical marijuana states:

    Sec. 538. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

    Sec. 539. None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or the Drug Enforcement Administration.

    Several U.S. Supreme Court decisions have upheld prosecution of medical marijuana growers and users under the federal Controlled Substances Act (CSA).  Nevertheless, the Obama Administration, as a matter of policy, has directed the DOJ to take a relaxed approach to prosecution and the DOJ has done so, except for use that impacts the DOJ’s “enforcement priorities” (e.g., preventing the distribution of marijuana to minors, preventing the revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels).  This new de-funding measure now codifies that policy approach as law.  (Notably, the rider does not affect IRS or Treasury Department actions relating to payment of taxes by marijuana suppliers and online banking).

    The legislation, however, does not legalize medical marijuana.  Rather, the federal ban on marijuana continues – i.e., both medical and recreational marijuana continue to be illegal under CSA Schedule I.  And, though de-funding may affect enforcement of criminal laws in states with medical marijuana statutes, it has no effect in states that have not legalized marijuana, nor does it express any limitations on employer action on the basis of a positive marijuana test result administered under a workplace drug testing policy.  Finally, the rider expires on September 30, 2015, and may or may not be renewed heading into the heart of the presidential election campaign in the fall of 2015.  For all of these reasons, though significant in reflecting current legislators’ thinking at the national level regarding CSA enforcement, the mere enactment of the spending bill with this provision does not warrant adjustment to drug testing policies of employers choosing to continue to treat confirmed positive marijuana test results as positive even when the result was caused by medicinal use that is lawful under state or local law.

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  • Federal Spending Bill Blocks Funding For Medical Marijuana Raids, Legalization In D.C.

    The proposed congressional budget released Tuesday night prevents the Department of Justice from using funds to undermine state laws regarding medical marijuana.

    posted on Dec. 9, 2014, at 9:20 p.m.

    Michelle Broder Van Dyke BuzzFeed News Reporter

     

    The House budget passed Tuesday night prevents the Department of Justice and Drug Enforcement Administration from using funds to interfere with state laws that legalize medical marijuana.

    The amendment was introduced by California Reps. Dana Rohrabacher, a Republican, and Sam Farr, a Democrat, and was approved by the House of Representatives in May. It implies that DEA raids on medical marijuana patients in states where it is legal will stop.

    The budget Senate proposal — which must still go back to the House for a full vote before it lands on President Obama’s desk — would keep all but the Department of Homeland Security (DHS) operating normally through the end of the fiscal year in 2015.

    The compromise bill was approved with Republicans agreeing to put off a fight with Obama over his immigration policies until February, when funding for the DHS is slated to run out, the Associated Press reported.

    The bill’s Section 538, which addresses medical marijuana, reads:

    None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

    The bill also includes a section that protects industrial hemp cultivation.

    None of the funds made available by this Act may be used in contravention of section 7606 (”Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.

    AP Photo/Robert F. Bukaty

    Marijuana advocates were pleased with the bill.

    Tom Angell, founder of Marijuana Majority, said in statement to BuzzFeed News: “Congressional leaders seem to have finally gotten the message that a supermajority of Americans wants states to be able to implement sensible marijuana reforms without federal interference.”

    Angell also urged the Obama administration to use this opportunity to “reschedule marijuana immediately.” Marijuana is currently classified as a Schedule I drug, meaning it’s a dangerous narcotic with no accepted medical use. Heroin and LSD are also classified Schedule I, while cocaine and methamphetamine are Schedule II, a lower ranking.

    Advocates say reclassifying the drug would allow for state and federal laws to be in sync, and conserve law enforcement resources. It would also ease access to research of the drug and tension between banks and marijuana retailers.

    Erik Altieri, communication director for the National Organization for the Reform of Marijuana Laws, also released a statement that said: “By restricting these agencies in this manner, the nearly two dozen states that implemented medical marijuana programs can hopefully breathe easier knowing federal money won’t be spent to interfere with their progress. We hope this leads to further reforms at the federal level further enshrining this sentiment into law.”

    The bill also effectively blocks the legalization of recreational marijuana use in Washington, D.C., but preserves its decriminalization law.

    Voters in Washington, D.C., overwhelmingly passed a recreational marijuana referendum on the November ballot, which is now effectively blocked. The District passed a decriminalization bill in April that will remain intact.

    The proposed bill’s appropriations section, which allocates millions in funds to the district, states:

    “None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.”

    Unlike most states, Washington, D.C., doesn’t take in any local revenue that it can spend and receives all of its funding from the federal government, so the ban on using funds for legalization effectively blocks the referendum voters recently passed.

    Earlier on Tuesday, Senate Majority Leader Harry Reid, said of the rider: “I’m opposed to what the House is trying to do.”

    “If they put it in there, it’s going to be hard to take it out over here,” he added.

    Marijuana advocates in Washington D.C. and those who advocate for the district’s autonomy were not pleased. D.C. Cannabis Campaign, which sponsored the ballot measure to legalize weed, tweeted the following:

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    Mummy Proves America Is 2,400 Years Behind On Medical Marijuana

    mummyemebed

    Photo: Via Wikimedia Commons.

    A 2,400-year-old “Siberian Ice Maiden” apparently knew something that not all US lawmakers do: Cannabis is a perfect palliative for cancer.
    Discovered in 1993 by archaeologist Natalia Polosmak, the mummified remains of this woman, also known as the “Princess of Ukok,” were recently examined by a team of Russian scientists. They found that the woman, who was heavily tattooed and died when she was between 20 and 30 years old, suffered from and ultimately succumbed to breast cancer.
    “‘I am quite sure of the diagnosis — she had cancer,” one of the scientists told the Siberian Times. “She was extremely emaciated. Given her rather high rank in society and the information scientists obtained studying mummies of elite Pazyryks, I do not have any other explanation of her state. Only cancer could have such an impact.”
    The researchers also believe that the woman used cannabis to treat herself. A container of the herb was found in her burial chamber, along with a “cosmetics bag.”
    “Probably for this sick woman, sniffing cannabis was a forced necessity,” another scientist said, noting that wine, hashish, opium, henbane, mandrake, aconite, and Indian hemp were all used at the time as painkillers. “And she was often in altered state of mind. We can suggest that through her could speak the ancestral spirits and gods. Her ecstatic visions in all likelihood allowed her to be considered as some chosen being, necessary and crucial for the benefit of society. She can be seen as the darling of spirits and cherished until her last breath.”
    Hey, Idaho, Utah, Wyoming, Texas, Oklahoma, Kansas, North Dakota, South Dakota, Wisconsin, Iowa, Missouri, Arkansas, Louisiana, Indiana, Kentucky, Tennessee, Alabama, Florida, Georgia, South Carolina, Virginia, West Virginia, and Pennsylvania: Stick that in your pipe and smoke it. (Siberian Times)