Where Does Trump’s Choice for the Supreme Court Stand on Weed Legalization?
Does Neil Gorsuch believe that states’ rights and medical marijuana laws should be respected and protected? Good question and there aren’t a lot of answers just yet.
But, then, after not even two weeks into the Trump administration, we are witnessing history’s most chaotic authoritarian rule via a narcissist’s Twitter account and a radical right wing presidential puppeteer, Stephen Bannon, who just moved into the West Wing and on to the National Security Council.
Onward to the Supreme Court.
Despite Neil Gorsuch’s tenure on the 10th U.S. Circuit Court of Appeals in Denver, he has made precious few public pronouncements about marijuana policy.
What strain are you smoking on today?
Reefer, cannabis, pot or weed? What marijuana search terms Californians are currently using
Whenever one of the Jack Herer strains (in this case, J1) are used to breed, the result is always superior. This is a classic hybrid, that is useful in helping a wide variety of symptoms and ailments. The buds are dense, almost neon-green in color and infested with tri-chromes. They give off a sour, danky, and earthy scent. When smoked, this medication hits instantly and powerfully, making it a favorite among cannabis patients in Northern California.
The Fundamental Right to Use Cannabis
The legal cannabis industry’s reaction to President-elect Trump’s nomination of Jeff Sessions as Attorney General has been mixed. While some believe that Trump will balk at the loss of jobs, departure from traditional conservative notions of federalism, and expenditure of political capital a Sessions-led crackdown on cannabis would presumably bring, others are preparing for the worst. This article explores one possible argument whose time has, perhaps, finally come – that the time is ripe for the courts to acknowledge the existence of a fundamental right to use cannabis.
As of 2017, cannabis remains a Schedule I drug under federal law – grouped together with heroin and LSD – with “no accepted medical use.” Nevertheless, the legal cannabis industry has flourished, despite the threat of federal prosecution, because of two important legal protections. The most historically important of these is the Cole Memorandum of 2013, which set the enforcement priorities of the Department of Justice with respect to “legal states”; in a nutshell, the Cole Memo states that so long as the states have “implement[ed]strong and effective regulatory and enforcement systems,” and are not impeding the DOJ’s eight listed enforcement priorities (e.g., preventing cannabis from being provided to minors, interstate shipment of cannabis, enriching drug cartels, etc), enforcement of the Controlled Substances Act against state-legal cannabis businesses and users will be the DOJ’s “lowest priority.” The other important protection is the Rohrbacher-Farr Amendment, a budgetary provision that prevents the DOJ from spending any federal dollars on pursuing businesses or individuals who operate in unambiguous compliance with their states’ medical cannabis laws.
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