#NORML #News Source: @norml @WeedConnection Posted By: norml@weedconnection.com media :: news - Tue, 20 Oct 2020 04:20:21 PST
SCOTUS Declines to Hear Appellate Challenge to Federal Cannabis Prohibition
Washington, DC: Justices on the US Supreme Court will not hear legal arguments in a lawsuit that sought to challenge marijuana's Schedule I prohibitive status under federal law. NORML was among multiple groups that filed friend-of-the-court briefs urging the Supreme Court to hear the case, Washington v. Barr.
Plaintiffs in the suit, which was initially filed in 2017, include a former NFL football player, a disabled military veterans, two children with severe movement disorders, and the non-profit group, the Cannabis Cultural Association.
Plaintiffs argued that federal prohibition violates their civil and constitutional liberties, including their right to freely travel within the United States. They also argued that the federal prohibition of cannabis is 'grounded in discrimination and [is] applied in a discriminatory manner." They further argued that current administrative mechanisms in place to allow for the reconsideration of cannabis' Schedule I classification - such as the process that permits citizens to petition the US Drug Enforcement Administration - are 'illusory" and therefore unlikely to ever be successful, regardless of the facts.
In 2018, a US District Court Judge rejected plaintiffs' arguments, opining: 'No such fundamental right (to possess or use cannabis) exists. Every court to consider the specific, carefully framed right at issue here has held that there is no substantive due process right to use medical marijuana."
Litigants appealed their case to the US Court of Appeals for the Second Circuit, which also rejected plaintiffs' arguments, and had sought to have their case heard by the US Supreme Court. NORML's amicus brief, authored by NORML Legal Committee member David Holland of New York City, argued that the federal scheduling of marijuana is unconstitutional because all three branches of government have promoted laws and policies in direct conflict with its Schedule I status. 'The Brief exposes a fundamental paradox — if cannabis is federally illegal for all purposes, and the three coordinate branches of federal government have acted to allow for cannabis businesses, then the federal government is nullifying its own law," Holland said.
Commenting on SCOTUS' failure to take up the case, NORML Legal Counsel Keith Stroup said: 'This result is not altogether surprising. Courts have rarely provided relief to those of us who believe that marijuana prohibition violates our civil and Constitutional liberties. It is Congress that imposed the federal prohibition of marijuana and ultimately it is up to Congress to repeal this destructive and discriminatory policy."
A judge for the Federal District Court in Sacramento considered similar arguments in a 2014 legal challenge spearheaded by members of the NORML Legal Committee, but ultimately rejected them — ruling that plaintiffs failed to show that Congress acted irrationally when classifying cannabis as a schedule I controlled substance. 'At some point in time, a court may decide this status to be unconstitutional," the judge determined. 'But this is not the court and not the time."
Study: Recent Use of Cannabis Not Associated with Increased Risk of Ischemic Stroke
Jackson, MS: Recent cannabis exposure is not associated with an increased risk of hospitalization due to acute ischemic stroke (AIS), according to data published in the journal Neurology: Clinical Practice.
Investigators affiliated with the University of Mississippi Medical Center assessed the relationship between a positive toxicology test for cannabis upon hospital admission and the likelihood of suffering from AIS.
Researchers reported that those who tested positive solely for cannabis possessed a decreased risk of suffering from AIS. After adjusting for potential confounders, including age and obesity, investigators reported no significant differences in AIS risk among cannabis-positive admissions and those without recent cannabis exposure.
Authors concluded: 'This is one of the few studies analyzing the association of recent cannabis use and acute ischemic stroke using admission urine toxicology test independent of polysubstance use. Even though our study has limitations, we did not find an independent association between recent cannabis use and the incidence of acute ischemic stroke. Further studies utilizing urine toxicology tests with larger sample size and including dosage of cannabis exposure should be done."
Prior studies have yielded mixed results with respect to the use of cannabis and the risk of stroke and/or heart disease. NORML has cautioned that those patients with a history of cardiovascular disorders may be at an elevated risk of suffering from adverse events due to the use of cannabis.
Full text of the study, 'Association between recent cannabinoid use and acute ischemic stroke," appears in Neurology: Clinical Practice.
Vermont Becomes Eleventh State to Legalize Adult-Use Marijuana Sales
Montpelier, VT: Republican Governor Phil Scott has permitted legislation, Senate Bill 54, to become law establishing rules and regulations overseeing the commercial production and retail sale of marijuana to adults. The measure became law absent the Governor's signature.
Vermont lawmakers depenalized the possession and cultivation of small quantities of marijuana by adults in 2018, but that law did not legalize any commercial activities involving either cannabis production or sales. Ten states currently regulate adult-use marijuana sales.
NORML State Policies Coordinator Carly Wolf said: 'Ten of the eleven states that have legalized adult-use marijuana possession have also wisely regulated the retail cannabis market; until today, Vermont had been the sole exception.
'This comprehensive legislation was debated and amended over a period of several months by members of both chambers, and it is supported by a majority of Vermont voters. Senate Bill 54 represents an opportunity to bring common-sense controls to the adult-use marijuana marketplace, which is currently unregulated, unlicensed, and untaxed. While the law, as written, is not perfect, we are confident that lawmakers will continue to further amend these proposed rules and regulations accordingly in a manner that both prioritizes public safety as well as the needs of entrepreneurs looking to enter into this space. This is a victory for those who wish to disrupt the illicit marketplace and move forward with an above-ground, regulated cannabis marketplace."
Senate Bill 54 establishes rules and taxation rates governing the licensed commercial production and sale of cannabis and cannabis products to adults. Under the plan, retail products would be subject to a 14 percent excise tax, in addition to the state's six percent general sales tax. The potency of herbal cannabis products will be capped at 30 percent THC while concentrates will be limited to no more than 60 percent THC. Products cannot be packaged in a manner that appears appealing to children. Prior to the operation of any licensed cannabis facility, a municipality will need to hold a vote in favor of permitting commercial activities within their locality.
The new law takes effect on October 1, 2020. However, regulators will not begin licensing cannabis-related businesses and activities until the spring of 2022.
Canada: Black People Overrepresented in Marijuana Arrests Prior to Legalization
Toronto, Canada: Prior to legalization, those arrested for minor marijuana possession offenses in Canada were primarily Black people or Indigenous people, according to data published in the International Journal of Drug Policy.
A pair of researchers affiliated with the University of Toronto examined racial differences in cannabis arrests in 2015 across five major Canadian cities (Calgary, Halifax, Ottawa, Regina and Vancouver) in five Canadian provinces.
In all five of the cities examined, Black people were overrepresented amongst those arrested for the low-level possession (up to 30 grams) of cannabis. In four of the five cities examined, Indigenous people were also overrepresented.
The Canadian government legalized the production, possession, and sale of cannabis in 2018.
Investigators reported: 'Examining the issue of racial disparities in cannabis arrests using data from police agencies in five Canadian cities, we found that Black Canadian and Indigenous people are more likely to be arrested for cannabis possession than White people. This pattern was true in all five cities except Halifax, where only Black people were over-represented in arrests. ... These racial disparities in arrests exist despite limited evidence of relatively similar rates of self-reported cannabis use across racial groups in the Canadian context."
Authors concluded: 'In order to develop a better understanding of the impact that Canada's war on drugs has had on Canada's diverse populations, and to avoid the proliferation of racial disparities in drug arrests, further research in this area is warranted."
Both nationwide and citywide data compiled in the United States reports similar racial disparities among those arrested for marijuana possession offenses.
Full text of the study, 'Race, cannabis, and the Canadian war on drugs: An examination of cannabis arrest data by race in five cities," appears in the International Journal of Drug Policy. Additional information is available in the NORML fact sheet, 'Racial Disparity in Marijuana Arrests."
Marijuana Use Becoming Common Among Patients with Multiple Sclerosis
Ann Arbor, MI: Over 40 percent of patients with multiple sclerosis say that they have consumed either cannabis or cannabinoid products in the past year, according to survey data published in the Multiple Sclerosis Journal - Experimental, Translational and Clinical. That percentage is nearly twice that of the national average.
Investigators with the University of Michigan collected data from a national sampling of over 1,000 patients with MS. Forty-two percent of respondents affirmed that they had used either cannabis or cannabinoid products within the past year - with 90 percent of those respondents describing their use as medical. Those utilizing cannabinoids reported that they were most effective for improving sleep and reducing tremor frequency as well as for mitigating nausea and anxiety.
Full text of the study, 'Cannabisnoid use among Americans with MS: Current trends and gaps in knowledge," appears in Multiple Sclerosis Journal - Experimental, Translational and Clinical. Additional information on cannabis and MS is available from NORML.
Michigan: Governor Signs Marijuana Expungement Legislation into Law
Lansing, MI: Democratic Gov. Gretchen Whitmer has signed a package of measures into law facilitating the review and expungement of certain crimes, including low-level marijuana violations.
Specifically, HB 4982 states, 'A person convicted of one or more misdemeanor marihuana offenses may apply to set aside the conviction or convictions." According to the Associated Press: 'In Michigan, an expungement - or set aside - clears the public record of a conviction so it does not appear in a background check. Law enforcement still keeps a non-public record, but people no longer have to disclose their criminal past on job applications or other forms."
Those with convictions for marijuana-related activities that are now legal under state law are presumed to be automatically eligible for expungement unless there is an objection raised by the prosecuting agency within 60 days of the applicant filing his or her petition.
House Bill 4982 took effect upon passage.
The measure is part of a broader package of expungement-related legislation approved by the Governor. A separate bill in the package, HB 4980, would automate the record clearing process for many low-level misdemeanor and felony offenses, including certain marijuana offenses, after a specified waiting period. However, that automated process is not anticipated to begin for another two and one-half years.
In a prepared statement, Gov. Whitmer said: 'This is a historic day in Michigan. These bipartisan bills are a game changer for people who are seeking opportunities for employment, housing, and more, and they will help ensure a clean slate for hundreds of thousands of Michiganders."
Maine: Adult-Use Retail Sales Begin
Augusta, ME: Adults-use marijuana sales began last Friday at a limited number of licensed retailers throughout the state.
The sales began nearly four years after voters passed a ballot initiative in 2016 legalizing the commercial cannabis marketplace.
'While lawmakers delayed the people's will for years, this is a historic victory for those of us who recognize marijuana prohibition for what it is: a racist policy designed to disenfranchise black and low-income Mainers," said NORML Board Member Diane Russell, who played an instrumental role in Maine's legalization efforts. 'This victory would not be possible without an incredible team of advocates who literally worked around the clock to get this on the ballot and to win. They're heroes for standing up for real justice."
Despite the 2016 vote, rules governing adult-use cannabis production and sales were not ultimately finalized by state lawmakers until 2019.
'Maine adults should have had access to safe, legal marijuana years ago," said NORML State Policies Coordinator Carly Wolf. 'Nonetheless, it's encouraging to see it finally happen now. Consumers desire access to a regulated market, not an unregulated and untaxed underground market."
New Zealand: Voters to Decide Saturday on Nationwide Marijuana Legalization Referendum
Wellington, New Zealand: Voters on Saturday will decide on a nationwide referendum to legalize the possession and use of cannabis by those age 20 or older.
The binding measure, entitled the Cannabis Legalisation and Control Bill, is one of two ballot questions that will be decided alongside the General Election on October 17. The election was initially scheduled for September 19, but was delayed as a result of the COVID-19 pandemic. Early voting has already begun.
The referendum, which has been endorsed by NORML New Zealand, mandates lawmakers to establish rules and regulations permitting the commercial production and retail sale of cannabis and cannabis-infused products. Those 20 years of age or older would be permitted to purchase up to 14 grams of herbal cannabis per day, or to grow their own plants (up to four plants per household).
Polling on the referendum have been nearly evenly split for the past several months, with the most recent survey showing supporters leading opponents by a margin of 46 percent to 42 percent.
If passed by voters, New Zealand will become only the third country - following Canada and Uruguay - to legalize adult-use cannabis sales nationwide.
Under current New Zealand law, the adult use of marijuana is criminalized, punishable by up to three months in jail.
