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Hunter Biden, The Marijuana Movement, And The 2nd Amendment

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Hunter Biden has been convicted – but will it lead to a discussion about marijuana and guns?

Hunter Biden reached a plea agreement with federal authorities in which he will plead guilty to two misdemeanor counts of failing to pay his taxes. Prosecutors have agreed to recommend probation, while a separate gun charge will probably be dismissed if he meets conditions in a pretrial diversion program.  Federal law says if you have a marijuana conviction, you can’t have a gun, but it is being challenged in court.  Could Hunter Biden be the new face for pro-Second Amendment advocates?

The legal marijuana industry was worth $28 billion in 2022, with an expectation to rise in 2023.  Currently, 23 states have recreational and 40 have medical with over 48 million Americans consuming cannabis annually. It is becoming a big business with mainstream companies like Constellation, Miracle Grow, AmeriGas and other either investing, partnering or being a vendor to the multi-billion dollar industry.

Federal law says if you USE marijuana, you are prohibited from owning a gun.  This means if you have medical marijuana or in a legal state, you can lose your gun control rights for consuming, not selling or committing a crime, just having an edible every so often.  This includes medical marijuana.  To be clear, you can use alcohol and own a gun, you could be drinking a beer when you buy a gun.

Unfortunately for the Department of Justice (DOJ), the rule is being challenged again and again in regional courts.  Case relied on U.S. Supreme Court precedent finding any firearm restrictions must be consistent with the historical 1791 context of the Second Amendment’s ratification. Last June, the Supreme Court undid decades of lower-court jurisprudence about the Second Amendment. In New York State Rifle & Pistol Association v. Bruen

Most recently, the U.S. District Court for the Western District of Texas has delivered a win to an El Paso resident who was convicted of separate charges for possessing and transferring a firearm in 2021 while admitting to being a cannabis consumer. Judge Cardone granted a motion for reconsideration of the case and later dismissed the charges.

Second Amendment advocates while open to marijuana, have not reached a consensus on whether to support gun rights for those who use hard drugs, according to Joseph Greenlee, the director of constitutional studies at the pro-Second Amendment Firearms Policy Coalition. Greenlee, whose group argued on the plaintiff’s side in Range v. Attorney General, said his group believes that people who use marijuana shouldn’t be banned from buying guns.

A Right-Leaning Supreme Court Won't Impede Cannabis Reform, Legal Experts Say
Photo by Tingey Injury Law Firm via Unsplash

Given the conflicting rulings in the lower courts, the Supreme Court may one day have to resolve the statute’s constitutionality.  Hunter Biden’s high profile and the years long discussion around the charges will, not doubt, be pulled into the discussion of the law.

how the court’s conservative majority would view the issue. Jacob Charles, a professor at Pepperdine’s Caruso School of Law who studies gun laws, said that Justice Samuel Alito could be particularly ambivalent.

“I could see him going either way,” Charles said, “obviously in favor of gun rights, but also in favor of strong law enforcement.”

Currently, the two tiered system of justice is difficult for the general population and those suffering for medical marijuana, a proven medical benefit.

Source: https://thefreshtoast.com/cannabis/hunter-biden-the-marijuana-movement-and-the-2nd-amendment/

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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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