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Cannabis Legalization and the Second Amendment – Infrigement of Your Constitutional Rights?

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The DEA sends warning letters to legal cannabis states about weed and gun ownership.

The recent advisory from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding cannabis use and firearm ownership has reignited the debate surrounding the intersection of cannabis legalization and Second Amendment rights.

The advisory states that individuals who use marijuana, even in states where it is legal, are considered “unlawful users” of a controlled substance and are therefore prohibited from possessing firearms or ammunition under federal law.

This raises concerns about the infringement of constitutional rights and the potential weaponization of drug policy to disarm the people. In this article, we delve into the implications of this issue and explore its significance in the ongoing struggle for cannabis legalization.

The Controlled Substances Act and the Stripping of Rights:

Under the Controlled Substances Act, individuals engaging in any activity deemed “illegal” by federal law can be stripped of their constitutional rights, including the right to bear arms.

This raises questions about the fairness and constitutionality of such provisions. By categorizing cannabis as a Schedule I controlled substance, alongside drugs like LSD and heroin, the federal government has effectively limited the rights of millions of Americans who use cannabis responsibly and legally in their respective states.

Not to mention, other than the fact that people are using “illegal drugs”, what other metric are they considering to categorize drug users as “non-eligible for gun ownership?”

If someone uses LSD or MDMA, does that make them inherently more violent? Do they lack judgment? If so, what evidence is there to support this claim? You’ll find that the more you dig into these questions, the fewer answers you’ll discover.

The fact of the matter is that the only rhetoric for them to justify banning you from guns is the fact that cannabis is illegal and as a “criminal” you don’t have constitutional rights. This is the loophole I spoke about in an earlier article about the CSA and how it’s basically a slavers agreement.

Weaponizing Policy and Overreaching Government:

The ATF’s advisory is just one example of how drug prohibition policies have been utilized to infringe upon constitutional rights. The ability of agencies like the Drug Enforcement Administration (DEA) to reclassify substances arbitrarily, as demonstrated by the recent controversy surrounding Delta-8 THC, raises concerns about the potential weaponization of policy to undermine individual freedoms. Such actions contribute to an overreaching government that can selectively restrict rights based on subjective interpretations of legality.

As of now, we haven’t seen the government attempting to make arbitrary rules surrounding innocuous substances like coffee or tea, but this doesn’t mean that it doesn’t have the capability to do so.

Of course, some might claim that this is just “fringe” thinking, however, if you take a cold hard look at the history of the government, you wouldn’t put it past them to do something along these lines.

Nonetheless, at the current moment, the CSA is being weaponized to deter medical cannabis users, recreational cannabis users, and any other “illicit drug user” from access to guns, which is a fundamental US right.

The Impact on Second Amendment Advocates:

The ATF’s advisory has sparked concern among Second Amendment rights advocates who see it as another encroachment on their constitutional freedoms. As they tend to do.

The contradiction between state and federal laws regarding cannabis use creates confusion and exposes legal firearm owners to potential legal jeopardy. Despite Minnesota’s new law explicitly  (where all of this is taking place ) stating that cannabis use cannot be the sole reason for denying someone a carry permit, the federal prohibition casts a shadow of uncertainty on gun owners.

Perhaps, this uncertainty could have larger political lobbies (though I despise them) to come together to pass cannabis.

Note, that cannabis only hasn’t passed into the legal sphere because of corporate politics.

Is This the Catalyst for Republican Action on Cannabis Legalization?

The ATF’s advisory could potentially serve as a tipping point for Republicans who are wary of an overreaching government. I wouldn’t hold my breath, “Trump Derrangement Syndrome” has a bunch of them. Nonetheless, this is a hot topic for Republicans.

The infringement on Second Amendment rights and the weaponization of drug policy to disarm law-abiding citizens may prompt renewed discussions on cannabis legalization within conservative circles. The contradiction between states’ rights and federal law, coupled with the erosion of individual liberties, may galvanize support for reform efforts.

The Need for Clarity and Reform:

This issue underscores the need for clarity and reform at the federal level. The lack of consistent guidance from the federal government regarding cannabis and firearms creates confusion, unfairness, and potential legal consequences for individuals in states where cannabis is legal.

We know that this topic has been addressed  in other states and the DOJ “encouraged” federal judges to not prosecute the cases where citizens sue for their legal rights as gun owners, irrespective of the lag of the government in relation to regulations.

 It is crucial for Congress or the Biden Administration to address this issue and provide clear guidelines that respect both Second Amendment rights and the evolving landscape of cannabis legalization.

I don’t know if they will…they had plenty of time to do so, but now they will be pandering to your votes again. “I know, I said I was going to do cannabis stuff…but pandemic, wars, etc…”

All excuses.

Conclusion:

The recent advisory from the ATF regarding cannabis use and firearm ownership raises important questions about the infringement of constitutional rights, the weaponization of policy, and the need for comprehensive reform.

The conflict between state and federal laws, coupled with the selective enforcement and reclassification of substances, highlights the challenges faced by individuals seeking to exercise their rights while abiding by state laws.

 It remains to be seen whether the ATF’s advisory will serve as a catalyst for renewed discussions on cannabis legalization and the protection of individual liberties.

Maybe it’s time we stop playing these games and just legalize cannabis, hell decriminalize all drugs…it shouldn’t be a crime to get high in 2023.

Source: https://cannabis.net/blog/opinion/cannabis-legalization-and-the-second-amendment-infrigement-of-your-constitutional-rights

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New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

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New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.

The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.

Golden Roots operates the The Cannabis Revolution Dispensary.

The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.

The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.

Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.

After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.

In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.

The company requested a hearing, which the regulator scheduled for Sept. 1.

At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.

Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.

Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.

The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:

Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.

Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/

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Marijuana companies suing US attorney general in federal prohibition challenge

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Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.

According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”

Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.

The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”

The companies want the case to go before the U.S. Supreme Court.

They hired prominent law firm Boies Schiller Flexner to represent them.

The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.

Similar challenges to the federal Controlled Substances Act (CSA) have failed.

One such challenge led to a landmark Supreme Court decision in 2005.

In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.

In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.

Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.

“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.

“Moreover, the facts on which those precedents are based are no longer true.”

Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”

While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.

“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”

Source: https://mjbizdaily.com/marijuana-companies-suing-us-attorney-general-to-overturn-federal-prohibition/

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Alabama to make another attempt Dec. 1 to award medical cannabis licenses

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Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.

The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).

Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.

Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.

That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.

Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.

Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.

A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.

Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/

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