marijuana for research: University of Mississippi. This is in spite of a 2016 decision to allow DEA to approve medical marijuana manufacturers for research purposes and dozens of applications to join the pool, according to a McClatchy article. But a bipartisan bill aims to break down some of the barriers currently standing in the way of necessary and groundbreaking research. HR-5634 would force an increase in the number of registered manufacturers producing cannabis “for legitimate research purposes.”

It also would lift restrictions on medical practitioners at the Department of Veteran Affairs, who as of now must follow federal law and are therefore not allowed to recommend cannabis to any of their patients. If passed, the bill would open the door to federally approved clinical trials for veterans seeking help through the VA. This is a crucial next step in the fight for medical marijuana legalization nationwide. Veterans have long reported relief for post-traumatic stress disorder symptoms through cannabis, but if they seek treatment through VA medical professionals, they cannot access medical marijuana, even if they live in one of the 29 states that have legalized medical use. Even Washington, D.C., has approved medical marijuana, despite being the epicenter of restricting marijuana nationwide.Our Orange County medical marijuana lawyers know the passage of this bill is necessary for two reasons. First is Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic. So long as this federal classification stands, Congress and state governments will have to keep creating convoluted workarounds to protect cannabis production, testing, and use. A Schedule I status means it has been determined that cannabis has no medical benefits and is actually harmful and susceptible to causing additions. This determination, however, is rooted in political posturing and propaganda. Which brings us to reason two this bill is so necessary: Attorney General Jeff Sessions. Sessions has used his revered and respected title to uphold and reinforce archaic and backward logic about cannabis. This mentality had infected other federal agencies, such as the DEA and the VA, making it more difficult for them to fully engage in the progress the rest of the country is enjoying.

The ideal solution would be to declassify or change the classification of marijuana to fully free the nation from the shackles of marijuana prohibition. However, until that is possible, lawmakers are using whatever power they have to advance the cause. HR-5634 was introduced by Matt Gaetz (R-Fla.) and co-sponsored by a collection of 30 Republicans and Democrats in the House. One of those representatives is Luis Correa (D-Calif.), who recently authored another bill (HR-5520) that would further VA’s involvement in cannabis by tasking the group to research medical marijuana and its effect on chronic pain and PTSD.

Those who try to position cannabis as a partisan issue are still playing in to the misinformation that has been spread in the past. Both parties want what is best for the people of this nation, and rational minds can clearly see that opening the doors to more research and clinical trials is the only way to the safe and productive future of cannabis in the United States. We welcome these legislators in joining pro-cannabis advocates like our legal team in the fight for medical marijuana and for your rights.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

Legislation to Explicitly Authorize the Veterans Administration to Facilitate Medical Marijuana Research, NORML

More Blog Entries:

Want to Honor Veterans? Access to Medical Marijuana a Good Start, April 13, 2018, Orange County Medical Marijuana Lawyers Blog

politicians on both sides of the aisle can agree on these days, particularly medical marijuana. It’s a time when cannabis is poised to go mainstream and become an accepted medical resource, cultural norm, and economic powerhouse. Yet, since the current administration entered Washington, D.C. and Jeff Sessions was asked to helm the Justice Department, the industry has faced uncertainty and instability.

That’s why states that strongly support marijuana legalization, including California, have requested a meeting with Sessions with the goal reconcile the stark contrast between state law and federal law, according to the Associated Press. The state treasurer from California was joined by Pennsylvania, Oregon, and Illinois in crafting a letter to open dialogue with Sessions about what banks and marijuana businesses can expect from the federal government in terms of enforcement moving forward. As our skilled lawyers can explain, the federal government is holding firm to marijuana’s Schedule I classification as part of the Controlled Substances Act, 21 U.S.C. Section 812. To receive this classification, a substance must not demonstrate medical benefits, be considered unsafe, and have a high potential for abuse. To make these claims about cannabis is absurd, and frankly, Sessions is standing on the wrong side of history on this one.

Most people agree, as evidenced by polls and votes reflecting rising swell of public support for legalization and decriminalization. Some form of cannabis is legal in 29 states, plus Washington, D.C., with many more considering ballot initiatives. To treat a majority of the states as criminals is absolutely preposterous and at least warrants a sincere and thorough examination of the biased and unscientific measures that led us down the path of pot prohibition in the first place.

Study after study has come out showing positive connections with cannabis and medical treatments, including cancer, anxiety, chronic pain, and glaucoma to name just few. To claim there is no effective treatment is an outright lie and a disservice to the thousands upon thousands of Americans who seek relief from medical marijuana.

Even Congress seems to be on the side of marijuana advocates, extending the bipartisan Rohrabacher-Blumenauer amendment in a federal spending bill that restricts the Justice Department’s ability to use federal funds to go after state-sanctioned medical marijuana operations. However, the department has already lifted Obama-era protections that also covered recreational operations, which partially prompted the letter. Without decisive action from Congress, these businesses have been left vulnerable.

Our experienced Los Angeles marijuana business attorneys know that even with these protections, the Schedule I classification is tying the hands of banks, who must answer to federal restrictions, from being able to work with cannabis businesses. They cannot knowingly manage accounts tied to “criminal activity.” The real crime is how these honest business owners are being treated when all evidence is contrary to the stubbornly held beliefs of a select few at the top. That is why we fight so hard for cannabis patients, marijuana business owners, and all of those who seek to enjoy marijuana in a safe and responsible way.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

States Where Marijuana is Legal Want Jeff Sessions to Reconsider His War on Weed, March 30, 2018, By Greg Price, Newsweek

More Blog Entries:

Federal Budget Protects State Medical Marijuana Businesses, For Now, Feb. 14, 2018. Los Angeles Marijuana Legalization Attorneys Blog

appointment almost a year ago, he has promised to uphold federal cannabis law, which classifies marijuana as a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812. This path is in stark contrast with the narrative in the rest of the country: 30 states as well as Washington, D.C., have some form of marijuana legalization on the books. Eight of those states (including California) and the District of Columbia allow recreational marijuana sales and use, with more planning ballot initiatives and legislative votes in 2018.

Up until now, those states have been able to manage their marijuana laws as they saw fit without meddling from the federal government thanks to a directive put in place at the Department of Justice during Barack Obama’s presidency that discouraged enforcement.

However, Sessions recently rescinded that directive, opening the door for prosecutors to go after states that have established legal cannabis. It’s unclear at this point whether prosecutors will actively start enforcement. Sessions described the move as simply him doing his job and enforcing the law. He also said he would leave it up to U.S. attorneys to determine what issues should be their top priority based on their resources. But the U.S. attorney in Colorado has already stated he intends to align practices with Sessions’ latest guidance.

President Trump seems to have flipped on this issue, stating last year that he would leave the issue up to the states, but recently siding with the Attorney General that federal law should be enforced. This has added more unnecessary confusion to citizens who believed this administration would align with the conservative tendency toward states’ rights.

Sessions is already getting pushback. Colorado Sen. Cory Gardner (R) has suggested not confirming nominees to the Justice Department should Sessions continue down this path.

It’s no surprise Congress might fight back considering the growing popularity of marijuana legalization among constituents nationwide, who understand its tremendous benefits. A CBS News poll last year showed 61 percent of Americans support full marijuana legalization. That number increases dramatically to 88 percent when speaking about medical marijuana. More telling, 71 percent of those surveyed are against efforts by the federal government to interfere in states who have passed their own cannabis laws.

Besides personal opinion shifting, there are the enormous economic benefits of marijuana to take into consideration. If prosecutors start filing charges or seizing marijuana-related property, it would have devastating consequences on the local economies and state coffers in regions where the drug is legal.

Our Orange County marijuana legalization lawyers know this is a critical time in the country. While education and first-hand experience has helped most Americans dispel myths about marijuana, there are still growing pains while some hold on to outdated information. That’s why it’s more important than ever for marijuana businesses to seek guidance from lawyers knowledgeable in the continually evolving marijuana laws. We will stay informed on how changes at the local, state, and federal level could affect your business and help your business remain agile to these changes and establish a strong defense should legal issues arise.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

Use of Legalized Marijuana Threatened as Sessions Rescinds Obama-Era Directive that Eased Federal Enforcement, Jan. 4, 2018, By Matt Zapotosky, Sari Horwitz, and Joel Achenbach, The Washington Post

More Blog Entries:

Jeff Sessions Intends to Crack Down on Medical Marijuana Where it is Legal, Dec. 10, 2017, Cannabis Law Group

Federal Tax Moneys Wasted A 2012 case out of Humboldt County shows the shocking waste of resources that occur when law enforcement agents do not respect the boundaries between state and federal laws. According to the Los Angeles Times, the Drug Enforcement Agency raided a remote farm, and seized ample incriminating evidence. Among the take was firearms; $225,000 in cash; more than three hundred marijuana plants; and bars of gold and silver. Both defendants entered guilty pleas to federal charges of conspiracy to manufacture and sell marijuana. And yet, after the case had progressed for five years, a federal judge issued a ruling that put an end to the case just before the men were about to be sentenced to prison. A short amendment to an obscure Congressional budget bill prohibits the Department of Justice from using funds in any way that obstructs a state from implementing its own state laws pertaining to medical marijuana. U.S. District Judge Richard Seeborg, sitting in San Francisco, relied upon this provision in order to stop the Humboldt case. It is unknown how much time and money the federal government spent investigating and prosecuting these defendants in the five years it took for their cases to be dismissed. And yet, as seemingly simple as this case may appear, there has been even more confusion about the application of the budget provision to other federal marijuana prosecutions. In one case, a federal judge ruled that a Fresno man had violated California’s medical marijuana law by selling marijuana for profit. The federal prosecution against him was therefore allowed to proceed. This is just one of the many legal technicalities which prevented the budget provision from being applied to any federal case prior to the Humboldt prosecution. These widely-disparate rulings only underscore the confusion that exists – even at the highest levels of the federal judiciary. Other arbitrary technicalities further complicate marijuana law enforcement in California. For example: with the passage of Proposition 64 (The Adult Use of Marijuana Act), recreational marijuana use is now permitted within California. It is, however, prohibited on federal lands within state borders. In another example, cannabis businesses operating lawfully pursuant to state law are prohibited from depositing funds in federal banking institutions. Under federal law, their business profits are considered illegal drug money. These are just two of the seemingly-endless conflicts between state and federal marijuana laws. Existing conflicts between state and federal law can make it difficult for defendants facing cannabis charges to be treated fairly by the criminal justice system. A marijuana defense lawyer will ensure that defendants’ important constitutional rights are protected. The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: The feds seized guns, gold and 320 pot plants. So why did a judge rule they can’t pursue marijuana charges? August 28, 2017 by Joel Rubin, The Los Angeles Times More Blog Entries: Marijuana Arrests Fall in 2015, Still Higher Than for Violent Crimes, October 29, 2016, by Cannabis Law Group