Tag: cannabis

Montana Lawmakers Pass Bill Allowing Cannabis Compacts Between Indian Tribes And The Governor

Though House Bill 952 is only two pages long, it has the potential to have major impacts on Montana tribes, according to those who advocated for its passage.

Sponsored by Rep. Frank Smith, D-Poplar, Sioux, the bill was requested by the State-Tribal Relations Interim Committee to help tribes navigate barriers in entering and engaging in the cannabis industry. It cleared the Legislature earlier this month, getting support from most Democratic legislators and enough majority Republicans to pass.

This is Smith’s last year as a legislator before retirement. He was first elected in 1999 and is one of the longest-serving current members. During a recent Montana American Indian Caucus meeting, Smith was wished a happy retirement and congratulated for ending with what members called such an impactful bill.

Many of the challenges tribes face in growing and selling marijuana stem from past legislation. House Bill 701, a 153-page bill that became law in 2021, established laws to regulate newly legalized recreational cannabis. The bill placed major constrictions on tribes in regards to cannabis regulations.

HB 701 created three major hurdles for tribes when it was enacted.

First, it only allowed for one combined-use marijuana licence per tribe, meaning each tribe could only have one location for growing, packaging, distributing and selling cannabis.

Second, it restricted tribes to a single-tier canopy licence, meaning a tribe’s dispensary and the growing operation must consist in a maximum of a single 1,000-square-foot building.

Third, it required tribes to build dispensaries at least 150 miles outside of reservation boundaries and in a “green county” that allows the sale of cannabis, essentially restricting tribes to operate in highly saturated markets, an issue raised by Patrick Yawakie, co-founder of Red Medicine, LLC, an organization that provides professional civic engagement and lobbying services to tribes.

Yawakie said this year’s HB 952 will address many of those barriers. He helped draft the bill and said its language was mainly pulled from the Washington state-tribal cannabis compact, which allows Washington tribes and the state enter into agreements to regulate and define cannabis operations within their reservations. Twenty-two out of the 29 federally recognized tribes in Washington have compacts with the state and more are in the process.

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Trump’s Solicitor General Asks Supreme Court For More Time To Weigh Challenge To Gun Ban For Marijuana Consumers

The government’s top lawyer is asking the Supreme Court for more time to consider whether to challenge a February appeals court ruling concerning the federal prohibition on gun ownership by people who consume marijuana. It’s the latest development in a series of recent cases around the constitutionality of the firearm restriction.

The new filing, from Solicitor General D. John Sauer, concerns a case in which the defendant, Keshon Daveon Baxter, was found in possession of both a firearm and a bag of marijuana. The government charged him under 18 U.S.C. § 922(g)(3), which prohibits gun ownership by “unlawful” users of controlled substances.

Baxter argued in district court that the prohibition was itself illegal, contending both that “unlawful” use was too vague in the statute to be enforceable and also that the government’s ban on drug users’ possession of firearms was unconstitutional under the Second Amendment.

The lower court rejected both arguments—a ruling Baxter appealed to the U.S. Circuit Court of Appeals for the Eighth Circuit.

It a February opinion, an Eighth Circuit panel upheld the portion of the district court’s decision denying Baxter’s vagueness claim but reversed the lower court’s ruling on the constitutionality of the firearms ban. However, judges wrote that there were insufficient factual findings in the record “for this Court to review Baxter’s as-applied Second Amendment challenge.”

Nevertheless, the Eighth Circuit wrote, “We reverse the district court’s ruling on Baxter’s as-applied Second Amendment challenge and remand to the district court for further proceedings consistent with this opinion.”

The federal government currently has until May 6 to decide whether to file a writ of certiorari asking the Supreme Court to review the appeals court ruling. The new filing from Sauer asks for a 30-day extension on that deadline.

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Trucking Industry Says Positive Marijuana Tests And ‘Sometimes Outdated’ Federal Regulations Are Contributing To National Driver Shortage

A recent policy paper from a pair of companies in the trucking industry says the sector was short about 80,000 drivers last year—an issue it asserts was exacerbated by workers testing positive for marijuana under the federal Department of Transportation’s (DOT) strict, zero-tolerance drug policy.

“A significant number of otherwise qualified drivers fail pre-employment or random drug tests due to marijuana use,” says the new report. “These drivers are often unaware of the DOT’s strict zero-tolerance policy or mistakenly believe that legal marijuana use in their home state is acceptable under federal law.”

Titled “Cannabis, Compliance and Driver Retention,” the white paper was published by fleet management firm Fleetworthy in partnership with the trade publication FreightWaves.

As marijuana has “moved from a largely prohibited substance to a widely legalized and socially accepted drug,” it says, “these cultural and legal shifts create complex challenges for both carriers and drivers.”

Other obstacles it points to are what it calls “the widespread proliferation of marijuana and CBD products” and “rigid (sometimes outdated) DOT regulations.”

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Marijuana Industry PAC Ad Accuses Biden Of Waging ‘Deep State War’ Against Cannabis, Urging Trump To Save The Day With Rescheduling

A marijuana industry-backed political action committee (PAC) is making another targeted appeal to President Donald Trump.

This time it is accusing former President Joe Biden and his Drug Enforcement Administration (DEA) of waging a “deep state war” against medical cannabis patients—but without mentioning that the former president himself initiated the rescheduling process that marijuana companies want to see completed under Trump.

In its latest ad, titled “DEA Deep State,” the American Rights and Reform PAC said “medical cannabis has helped millions of patients,” leading to a rescheduling recommendation from the U.S. Department of Health and Human Services (HHS) and Food and Drug Administration (FDA) that was later endorsed by the Justice Department.

“But Joe Biden’s DEA deep state kept cannabis illegal,” it says. “Patients need help. President Donald Trump has beat the deep state before, and now Trump can finish what he started by leading the fight to reschedule cannabis and expand research and access to care.”

“It’s time to end Joe Biden’s deep state war on American patients,” it says, clearly attempting to leverage the sitting president’s desire to best his predecessor.

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Are Police In Memphis Overcharging Drivers Caught With Small Amounts Of Marijuana?

Memphis simmered in the July heat as a police cruiser pulled over a blue Nissan Altima motoring through the downtown business district. The car’s temporary tag had expired days earlier, an oversight police often resolve by issuing a citation.

But this traffic stop took a more serious turn when a Memphis Police Department (MPD) officer said he “could smell an odor consistent with marijuana coming out of the vehicle.’’

After questioning a female passenger, police found slightly more than a half-ounce of marijuana in her purse—a small but critical amount that led officers to arrest the family-focused grandmother on a felony drug-trafficking charge.

As a special task force begins reviewing U.S. Justice Department claims of abuse by MPD during traffic stops, reform advocates say the woman’s arrest is yet another example of overly aggressive policing in Memphis.

“It’s absolutely a trumped-up charge,” said Claiborne Ferguson, a longtime Memphis defense attorney who reviewed the July 2, 2024, police affidavit filed against the woman. He has no official connection to the case.

The woman, a cancer victim, said she is no drug dealer and doesn’t even smoke that much.

“It was crazy,” said the woman, who asked not to be identified. Although the charge against her was later dropped, she said she fears any association with a criminal charge. “I’m a real-life good person. I treat everyone with respect,” she said.

The incident is one of 13 traffic-stop cases identified by the Institute for Public Service Reporting (IPSR) in which Shelby County law enforcement officers signed felony marijuana affidavits, only to see those charges vacated in court. Attorneys who reviewed the affidavits for The Institute said they appeared deficient in supporting felony charges of intent to sell.

The charges—which often involved warrantless searches of vehicles—led arrestees to spend several hours or more in jail.

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Former Marijuana Prisoners Who Got Clemency From Trump Hold Event Outside White House To Request Relief For Those Still Behind Bars

Former marijuana prisoners who received clemency from President Donald Trump during his first term staged an event outside the White House on Thursday, expressing gratitude for the relief they were given and calling on the new administration to grant the same kind of help to others who are still behind bars for cannabis.

Flanked by cardboard cutouts of individuals pardoned or granted commutations by Trump, activists impacted by criminalization stood outside the White House with a message to “free all cannabis prisoners.”

The grassroots “Cannabis Prisoners Unity Day” called attention to the opportunity to build upon the executive-level relief. In addition to Trump’s clemency actions in his first term, former President Joe Biden also pardoned and commuted sentences for hundreds of people while he was in office. But numerous people remain behind bars over non-violent federal cannabis convictions.

“President Trump, we are your example of a victory,” Craig Cesal—who received a commutation for a life sentence he was handed down in 2002 for a marijuana distribution conviction—said during a panel discussion ahead of the White House meetup.

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For 4/20, Ben & Jerry’s Teams Up With Marijuana Justice Group To Push Governors To Free Cannabis Prisoners

As consumers and businesses across the U.S. gear up for the 4/20 holiday on Sunday, ice cream maker Ben & Jerry’s is drawing attention to the “tens of thousands of people who will spend their 4/20 in prison for the same cannabis-related activity.”

This year the company—which has regularly used 4/20 to highlight justice-related cannabis matters—has partnered with the advocacy group Last Prisoner Project (LPP) to urge state governors to grant relief to those behind bars for marijuana.

“This 4/20, the need for cannabis justice is at an all-time HIGH,” Ben & Jerry’s said about the new effort.

The groups are also encouraging supporters to take action, recommending they reach out to their state governors to call for clemency, sign petitions to free people incarcerated for cannabis crimes, spread the word using the #420ForFreedom on social media and attend a Washington, D.C. event—the Cannabis Unity Week of Action, held April 29 through May 1—aimed at promoting broader marijuana legalization.

The company says that as “cannabis businesses will rack up sales, public figures will use their platforms to highlight cannabis culture, and millions of Americans will take advantage of their freedom and consume with friends and family” on 4/20, it’s crucial that advocates continue pushing to right the wrongs of prohibition.

“When we say legalization without justice is half baked, we mean that legalization while people, disproportionately Black and Brown, are still sitting in prison for cannabis or reeling from the detrimental impacts of having a cannabis conviction on their records is simply not justice fully realized,” Palika Makam, Ben & Jerry’s U.S. activism manager, said in a statement.

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