Prior to this vote, 22 states in the U.S. allowed medicinal marijuana, following California’s 1996 lead to allow patients access to the drug for easing the symptoms of serious illnesses. Increasingly, the drug is being used as a safer, more effective alternative to the extremely addictive and deadly opioids traditionally prescribed for pain (far riskier than pot, despite having a lower scheduled designation under the U.S. Controlled Substances Act).

This rapidly evolving cannabis landscape makes it all the more critical for users, distributors, producers, farmers, ancillary companies, drivers and travelers to consult an experienced Los Angeles cannabis attorney when a legal question crops up.

Still, it’s worth noting that while public support for legal marijuana has never been higher (72 percent of democrats and 52 percent of Republicans are in favor of legalization and two-thirds of states have some type of legal marijuana), many marijuana industry and policy experts say there is no brightline “tipping point” at which legality at the federal level is an inevitable certainty. In fact, some are speculating that following this round, it’s plausible medical marijuana initiatives are going to grind to a halt, and while recreational legalization may expand in those states that already have medical pot, those measures may start hitting a wall too.

The reason? Because it all comes down to the way these measures have come down the pike: Through ballot initiatives filed by voters, rather than bills proposed by state legislators. In the first seven of eight medical marijuana laws (including in California), it began with a ballot initiative. While lawmakers write and pass legislation on key, controversial issues, ballot initiatives rely heavily on public opinion. In the past, such initiatives have limited same-sex marriages – or legalize it. They’ve been used to expand or curtail taxes, minimum wages and spending.

A fair number of ballot initiatives are underwritten by very rich individuals with business interests. For instance in Ohio, pro-marijuana advocates three years ago poured some $20 million into legalization of medical and recreational pot on the same ballot initiative. But voters in Ohio responded with a resounding: No. This was despite the campaign revealing strong support for medical marijuana availability. When marijuana advocacy groups vowed to place a medical marijuana initiative on the ballot in Ohio, the state legislature quickly drafted and passed its own.

In Utah, the governor was a vocal opponent of expanded medical marijuana as indicated on the ballot proposal. But now that it’s passed, he and other lawmakers are in talks to pass an initiative that will supercede it – likely something that will more align with the conservative principles of the Morman Church, widely influential in that region.

The point of all that is: Ballot initiatives can be a powerful means to quickly move the needle toward progress. However, some analysts believe its potential for accomplishing wider access to marijuana is almost exhausted. There are 17 states remaining that have access to no marijuana at all. Of those, just five even allow direct ballot initiatives. In the other states – mostly conservative by a wide margin – lawmakers aren’t showing any indication they are eager to loosen restrictions. And even if the voters wanted such a measure, they have no way to bypass the legislature to get it.

Generally speaking, once a place allows medical marijuana and becomes comfortable with it, they are more likely to be swayed on the benefits of recreational marijuana. However, the remaining “dry” states aren’t likely to be pushed any closer to legalization without federal intervention and THAT is unlikely to happen with President Trump at the helm. The Obama administration was harsh in its approach initially, and later softened. The hope was Trump would further reduce restrictions, but it actually got worse under U.S. Attorney General Jeffrey Sessions, who vowed full enforcement of federal marijuana laws. The president himself has said he supports marijuana legalization, but the future of it is still unclear, even now that Sessions has resigned.

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

Additional Resources:

WHAT DO THE MID-TERMS MEAN FOR MARIJUANA LEGALIZATION IN AMERICA?, Nov. 8, 2018, By Daniel Mallenson, PSMag.com

More Blog Entries:

Cannabis Attorneys: How Outlawing Marijuana Made it More Dangerous, Oct. 30, 2018, L.A. Marijuana Lawyer Blog

In 2014, the two defendants pleaded guilty to marijuana possession and cultivation on Humboldt County farm. Each were facing down the possibility of a three-year prison term, per federal sentencing guidelines. However, a U.S. District Judge has suspended any further proceedings in the case, stating prosecutors were prohibited by Congressional restrictions imposed three years ago – and has renewed every year thereafter.

The restrictions were implemented as part of an amendment that was sponsored by two California representatives – one a Republican, one a Democrat. The rule does not allow the U.S. Justice Department to spend money in a way that would interfere with any state’s medical marijuana laws. In 2016, the U.S. Court of Appeals for the Ninth Circuit ruled in U.S. v. McIntosh issued a ruling that prohibited any federal prosecution of individuals who are in compliance with medical marijuana law in a given state – even though federal statute prohibits use or possession of the drug, which it considers a Schedule I narcotic.

Evidence presented in the case revealed the two defendants were in strict compliance with all relevant provisions of California’s medical marijuana statute. Both defendants have been out on bail since they entered a plea, and it’s expected they will withdraw their plea.

Other defendants arrested for marijuana crimes have similarly tried to challenge their prosecution following the appellate panel’s ruling, but until now, had been unsuccessful. Further, the win could be temporary if Congress decides to allow the amendment to expire. That seems a real possibility, given that U.S. Attorney General Jeff Sessions has advocated for lifting the Congressional budget restrictions in the budget next fiscal year, which starts in October. At that point, prosecutors could re-open the case, as the statute of limitations has not yet expired.

However, the Congressional budget amendment does share bipartisan support in both houses of Congress, and it’s already passed its first subcommittee for next fiscal year. If it’s renewed, prosecutors wouldn’t be able to pursue their case until October 2018, at the earliest.

The two defendants were arrested back in 2012. State officers said they conducted a search warrant, finding nearly 330 marijuana plants, two loaded guns and more than $415,000 in cash. A number of searches over the following year uncovered a number of additional firearms and more cash, gold and silver.

Evidence presented by defendants showed they were growing the marijuana for nearby marijuana nonprofit collectives. They were simply reimbursed for their costs. Additionally, one of the defendants was a designated caregiver for his mother, who had a doctor’s recommendation to use the drug. Health and Safety Code 11362.5, California’s Compassionate Use Act, protects both users of medical marijuana and their primary caregivers from prosecution for possession and cultivation of marijuana and production of cannabis concentrates. Caregivers under the statute must be caring for a person legally entitled to use the drug for medicinal purposes and who meets the legal definition of a primary caregiver under the Compassionate Use Act.

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

Additional Resources:

Federal judge blocks prosecution of Northern California pot growers, Aug. 11, 2017, By Bob Egelko, San Francisco Chronicle

More Blog Entries:

What the State’s New Accela Software Means for Cannabis Business Licenses, Aug. 4, 2017, California Marijuana Lawyer Blog

According to the study’s co-author, this research is the first of its kind to follow people who had access to both medical marijuana and prescription pharmaceuticals, such as opioids, benzodiazepines and anti-depressants. The study followed more than 250 people who were prescribed medication for formally diagnosed conditions ranging from chronic pain to gastrointestinal issues to mental health. In all, about 63 percent of respondents indicated they preferred to use cannabis over the prescriptions to treat chronic pain, depression and other conditions.

So why would people prefer pot? According to the study authors, it may have a lot to do with the reduction in side effects, as well as the overall feeling that marijuana is a lot safer than many prescription drugs.

The Centers for Disease Control and Prevention reported last year that prescriptions for opioid medications had quadrupled since 1999, with more than 40 people in the U.S. dying daily from overdoses. The problem is that while doctors may prescribe these drugs for legitimate purposes, people require an increasing dose for the medication to be effective over the long-term. This prompts physicians to up the dosage (or for patients to do so on their own). These increasingly higher levels of power medications put patients at high risk of accidental death from overdose.

Researchers in the U.S. with the University of Michigan School of Public Health and Medical School surveyed 185 patients from a marijuana dispensary in Ann Arbor in 2013 and again in 2015. What they discovered was a 45 percent reported improvement in the quality of life since using marijuana over prescription painkillers to alleviate chronic pain.

The newer Canadian study, published in the International Journal of Drug Policy, mirrors these findings and suggests marijuana can – and should – have a key role in addressing the opioid epidemic that has been sweeping both bordering nations.

Canada was one of the first countries in the world to develop a program that allowed access to medical marijuana. Nationally, there are 30 federally-authorized licensed producers and approximately 65,000 patients.

Obviously if the U.S. federal government were to ease its restrictions and allow for medicinal use of marijuana, the numbers here would be much higher. As it now stands, there are 28 states that allow for legal medicinal use of the drug, while eight states and Washington D.C. allow cultivation, sale and possession for recreational purposes.

But while the majority of the country has approved of medical marijuana, our federal government has been yet to lift the federal Schedule I classification that labels marijuana a dangerous drug – one that is highly addictive and with no redeemable medicinal properties. Although the Obama administration had finally eased enforcement of federal statutes so long as marijuana businesses and individuals followed well-formulated state laws, it does seem as if the Trump administration – U.S. Attorney Jeff Sessions in particular – plan to take a tougher line. This is despite the obvious benefits as outlined by this study and more.

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

Additional Resources:

Given the choice, patients will reach for cannabis over prescribed opioids, Feb. 27, 2017, Science Daily

More Blog Entries:

Marijuana Sobriety Tests Still Elusive, Feb. 28, 2017, Marijuana Attorney Blog