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Law Atrocious and Horrible Cannabis News

Oh yeah, let's exercise our right to peaceful protest and strike a blow for social justice....by looting MJ dispensaries. Love it.

In WI yesterday, people struck a blow for social justice.....by torching a used car lot and its 140 autos. That is ONE HUNDRED AND FORTY. A business that had zero to do with any police shootings but meant a lot to the family that built and owned it. I guess these protesters just didn't want to keep making those car payments.

Some cannabis shops looted in late May reopen after spending hundreds of thousands of dollars

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More than two months after thieves broke into dozens of marijuana retailers nationwide during the George Floyd protests, a number of those businesses have reopened their doors after spending hundreds of thousands on reinforcing their stores.


But some stores in California remain closed.


The millions of dollars in overall losses incurred by business owners – who have had mixed success getting paid back by insurance companies – underscores the importance of security for cannabis retailers.


Several business owners told Marijuana Business Daily they believed the damages and looting that began the last weekend in May was carried out by professional criminals rather than protesters.


Afterward, retail stores sat shuttered for weeks, leading to massive sums of lost revenue while the buildings were being repaired and owners waited on state regulators to reinspect and approve the changes.


The targeted retail outlets ranged from shops owned by large multistate operators to tiny independent social equity companies in California


“Things are, by and large, back to normal,” said 4Front Ventures President Kris Krane, owner of the Mission cannabis retail store on the south side of Chicago. Mission had to reinstall security doors and repair other parts of the store that were ripped out by looters.





Back up in Chicago



Krane’s store reopened July 31.


He made some security changes, including heavy-duty doors that are much more secure, but not that visible.


Krane estimates he spent north of six figures on security improvements, and he’s confident the store will stand up to anything similar in the future.


He’s still working through the process with his insurance company to recoup the costs of the looting.


“But the insurance companies have been fine to work with,” he said, adding there haven’t been any unique challenges just because Mission is a cannabis company.


Krane had to send state regulators plans for all the changes the store needed. He said the regulators were understanding in getting everything approved quickly.


“The state of Illinois was great to work with through this,” he added. “They didn’t cut us any breaks, but they weren’t adversarial.”


Some still closed California


In California, the recovery process has been slow, and not without serious hurdles. Some operators that were damaged in May or June still haven’t reopened for business.


John Oram, the CEO of Nug, which runs retail operations in Sacramento and San Leandro as well as three cultivation facilities, said the total cost of the lootings for his company was about $2 million and that the business is still rebuilding almost three months after the robberies.


“It was extremely painful, and it is still extremely painful,” Oram said. “While we got the stores fixed, and they’re 80%-90% back to normal. The company is still hurting from those events.


“We lost months of sellable inventory, and so cash flow is considerably down, and we’re just trying to rebuild our product pipeline.”


Oram said the biggest hurdles for Nug were getting contractors to their damaged facilities in a timely manner to get repairs underway and restocking their two stores with inventory.


But a lot of distributors helped out by cutting Nug some slack on up-front payment terms, he said, given the extenuating circumstances.


Oram, and many other California operators, declined to comment on their insurance situations, citing ongoing negotiations with carriers.


But several business executives who requested anonymity in order to discuss their insurance painted a bleak picture of insurance companies dragging their feet on claims and trying to find any excuse possible not to pay out.


“They’re doing everything they can to avoid paying,” said one retailer, noting that his insurance company even accused him of fraud during the claims process. “They’re just playing games with us.”


Several other business executives said they have also not been able to get paid on insurance claims despite having been up-to-date on policy payments.


One Oakland MJ company owner, however, said he harbors no ill will toward his insurance carrier despite being denied coverage for his business being ransacked during the May and June protests.


He said his claim was denied because his policy didn’t cover “civil unrest.” He also learned that using the term “looting” in the claims process “provides an avenue for (insurance payment) denial.”


“I suffered a total loss, but with the help from the cannabis community and some close friends I am almost back on my feet,” he said, adding that in hindsight the whole situation has turned into a “blessing in disguise.”


“I have received an enormous amount of support from our community. Some of the greatest help has come from people I did not know until after they heard of the break-ins,” the executive said.


Pennsylvania pushes on


In June, Florida-based Jushi Holdings said its stores in the Philadelphia area were damaged to the tune of six-figure losses.


“It was a substantial hit, and there was significant damage,” said the company’s vice president of retail, Blythe Huestis.


The store in Northern Liberty reopened July 13 and the Center City store Aug. 1.


Huestis said the reopening process involved the owners reinforcing security, in particular its doors.


“It’s really difficult to have a store closed temporarily,” she said.


But working with insurance companies to regain financial losses has been a “nonissue” and ultimately a positive experience.


Jushi offered 20% off purchases from certain vendors to welcome back customers when the stores reopened.


Huestis pointed to the strong growth of Pennsylvania’s market and seemed positive this was just a hiccup. The stores are well-fortified to withstand another rash of looting.


“We learned a lot of lessons from these pandemic and looting protocols,” she added.


Victor Guadagnino, co-founder and chief business development officer at Keystone Canna Remedies, which operates dispensaries in Allentown, Bethlehem and Strasburg in the Poconos, said his operation is back to “what normal is today.”


His company has spent tens of thousands to beef up the security on its properties, including storefront shutters to protect the windows.


Like Huestis, Guadagnino praised Pennsylvania’s cannabis market growth, with the addition of anxiety as a treatable condition for medical marijuana and physicians using telemedicine to rapidly certify patients.


In fact, his company has increased its hiring by 10%, he said.


“The (sales) volume has been increasing drastically,” Guadagnino said. “Everything’s accelerating.”
 
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RECORD WILDFIRES START CANNABIS INDUSTRY’S ANNUAL BURN
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As 17 major wildfires continue to rage across California at a historic scale, once again the cannabis industry is feeling the heat close to its annual make-or-break harvest season.

Worst case scenario, crops have been lost to the flames. But the problems trickle down to many other farmers close to the frontlines currently manned by 14,000 firefighters and 2,400 engines as they do their best to save the tens of thousands of structures currently at risk across the state.

This afternoon Gov. Gavin Newsom announced 91 engines from out-of-state have arrived with eight more en route from Montana. The state has requested the mutual aid support of 375 engines. One new factor adding a wrench to the mutual aid requests is two tropical weather systems barreling down on the gulf coast simultaneously. This has certainly left some officials wary of sending their first responders on a cross country road trip. Newsom said the mutual aid has left him mesmerized, especially when he was standing in Livermore the other day as a Santa Monica engine pulled up.

At the end of these road trips, these firefighters likely face some of the largest infernos they’ve ever seen in their careers.

The LNU Lightning Complex in Napa, Sonoma, Lake, Yolo, and Solano counties is the largest of the fires. As of Monday morning, 350,030 acres had burned and it’s currently 22 percent contained. It’s now the second-largest fire in California in nearly 100 years after the Mendocino Complex Fire that torched just over 450,000 acres in the redwoods during the 2018 fire season. Sonoma County is the industrial heart of the Emerald Triangle despite being geographically south. A ton of cannabis gets processed in Santa Rosa, the last big city on Highway 101 until you hit the Oregon border 300+ miles later because it offers the manpower and commercial space to do it at scale.

The SCU Lightning Complex in Santa Clara, Alameda, Contra Costa, San Joaquin, and Stanislaus counties is also wreaking havoc at 347,196 acres and is 10 percent contained. As the cannabis industry went legal, the agricultural flats of places like Salinas, in Monterey County, made a lot more sense than random hillsides when growing at scale. Now all those farms that have popped up in recent years are under a haze created by multiple fires located across the south and east San Francisco bay and into the Santa Cruz Mountains.

The CZU Lightning Complex Fire in Santa Cruz has now devastated the industry to its roots, possibly destroying the Wo/Men’s Alliance for Medical Marijuana, but it doesn’t sound like a full confirmation has been made yet on the status of the farm according to CelebStoner. Information is still hard to come by and verify since so many places in the heart of these fires remain inaccessible.


Photo: Governor’s Office of Emergency Service

In addition to the legal operations destroyed – we’ve counted 5 so far – the mountains around Santa Cruz have long been dotted with cultivators participating on the other side of the marketplace. It’s a 100 percent guarantee at this point that for every legal name we hear there will be a couple of folks you won’t hear about. We hope their money was buried deep enough and are pulling for all.

Amongst the farms destroyed was ERB Farms. The farm told David Downs of Leafly, “We thought it was OK and then we started seeing it over the ridge. We were like, ‘Well, the wind’s blowing that way, and it always blows that way.’ But that was not the case. This flowed into the wind.” Over two days the fire pressed toward the farm, eventually destroying it.

ERB Farms took to Instagram to let everyone know they are going to replant this year. They are hoping anyone with clones or teens will be able to help them out. They won’t be doing a GoFundMe as they believe many others will need the support in the coming days.

In the process of asking California NORML if they’d heard anything, we asked what it’s like watching the industry they’ve worked so long to help create get devastated year after year?

“It’s been heartbreaking to watch the cannabis industry go through so many tough challenges, all in a row and year after year,” Ellen Komp, CANORML’s deputy director, told L.A. Weekly. “Losing WAMM would be especially tragic, since it is such a pioneering and compassionate organization, the one on which we modeled SB420 and its medical cannabis cooperative gardens.”

One of the farms that have had to deal with fire many times over the years is 3rd Gen Family in Mendocino. While not always as newsworthy as the Mendocino Complex Fire, plenty of other blazes have given them trouble over the years due to the impact on the wider community infrastructure.

Brandon Parker, the “3rd Gen” in 3rd Gen Family, told L.A. Weekly of the perils of maintaining a steady supply of water once fire season goes into full gear. “You have water handlers running off on you to catch a bigger buck on a fire because they’ll catch a steady income,” Parker said, “Northern California gets down, people make $100,000 a month in the summertime doing that.”

Even when there are no fires, people are running water all night long. “There’s a shortage of water handlers and drivers,” Parker said. “When a fire hits you have an even further shortage of that. So, you know, unless you’re really tied in with these people then they’ll cut you right off right when your plants get going real big start to flower right now.”

While a farm could certainly need a full-time commercial driver to ferry water to its operation, out in the hills, Cal Fire needs dozens of them constantly resupplying the line. “Crops will be droughting out because each of these fires needs 35 or 40 water handlers. That’s always one of the biggest things that sucks when [the fires] hit.”

Parker argued that the conditions created by the smoke and lack of water seemingly make the plants more prone to bugs as they work extra hard to survive the extreme conditions. “The plants have an immune system and they tend to sense when they’re not, you know, on par and the bugs attack when plants are kind of fighting against the conditions,” Parker said.

The final problem Parker noted was the ash. He said with vegetation fires, you still might have a chance at passing testing despite an impact on flavor and quality. But once structures start going up in the flames whole crops can get contaminated above state guidelines with things like arsenic and other nasty construction materials.
 
CBD Company Denied Federally Funded COVID Masks And Hand Sanitizer Due To Marijuana Prohibition

A Denver-based business is being shut out of a federally funded coronavirus program that distributes masks and hand sanitizer simply because it sells CBD products.

The owner of the headshop Meadowlark 64 said he applied for the city’s personal protective equipment (PPE) program to obtain free resources, also including disinfectant, face shields and thermometers. But he was denied, with Denver officials citing federal policy as the reason he was rejected.

“We can’t use federal dollars to support certain industries, sadly,” Susan Liehe, marketing director of Denver’s Office of Economic Development and Opportunity, told KDVR in an interview published this week.

“For folks who are in the cannabis industry, the fact that they are caught sideways between local and federal governments is not exactly news, right?,” she said. “This is by no means the first time they’ve heard this and regrettably probably not the last.”

Meadowlark 64 owner Damon Miller said he’s lost about 20 percent in business amid the COVID-19 outbreak. He’d hoped to get the moderate relief, but because his shop dispenses CBD products, officials said he’s ineligible—regardless of the fact that marijuana is legal in Colorado and hemp-derived CBD is federally legal.

“A business such as myself that does not dispense THC, but we do happen to dispense CBD—we were denied our PPE package just because of those parameters, apparently,” he said. “A customer is a customer. A life is a life. And in this day and age, anything that we can do to help those folks out while they’re navigating this kind of uncertain time, that’s what we were expecting to get from the city of Denver.”

Miller isn’t the only cannabis-adjacent business owner to feel the burn of federal cannabis prohibition during this health crisis.

The federal Small Business Administration (SBA) has made clear that cannabis companies are ineligible for its Paycheck Protection Program (PPP) loans—and its policy also bars those that work with marijuana businesses indirectly from getting the aid.

The American Bar Association sent a letter to the heads of the Treasury Department and SBA in June, urging them to end a current policy preventing law firms that service state-legal marijuana businesses from receiving those coronavirus dollars.

Another state-level consequence of federal prohibition is occurring in Maine, where the state’s education department announced in May that it is no longer eligible for certain federal funds to support mental health programs in schools because the state allows students to access medical marijuana.
 
CBD Company Denied Federally Funded COVID Masks And Hand Sanitizer Due To Marijuana Prohibition

A Denver-based business is being shut out of a federally funded coronavirus program that distributes masks and hand sanitizer simply because it sells CBD products.

The owner of the headshop Meadowlark 64 said he applied for the city’s personal protective equipment (PPE) program to obtain free resources, also including disinfectant, face shields and thermometers. But he was denied, with Denver officials citing federal policy as the reason he was rejected.

“We can’t use federal dollars to support certain industries, sadly,” Susan Liehe, marketing director of Denver’s Office of Economic Development and Opportunity, told KDVR in an interview published this week.

“For folks who are in the cannabis industry, the fact that they are caught sideways between local and federal governments is not exactly news, right?,” she said. “This is by no means the first time they’ve heard this and regrettably probably not the last.”

Meadowlark 64 owner Damon Miller said he’s lost about 20 percent in business amid the COVID-19 outbreak. He’d hoped to get the moderate relief, but because his shop dispenses CBD products, officials said he’s ineligible—regardless of the fact that marijuana is legal in Colorado and hemp-derived CBD is federally legal.

“A business such as myself that does not dispense THC, but we do happen to dispense CBD—we were denied our PPE package just because of those parameters, apparently,” he said. “A customer is a customer. A life is a life. And in this day and age, anything that we can do to help those folks out while they’re navigating this kind of uncertain time, that’s what we were expecting to get from the city of Denver.”

Miller isn’t the only cannabis-adjacent business owner to feel the burn of federal cannabis prohibition during this health crisis.

The federal Small Business Administration (SBA) has made clear that cannabis companies are ineligible for its Paycheck Protection Program (PPP) loans—and its policy also bars those that work with marijuana businesses indirectly from getting the aid.

The American Bar Association sent a letter to the heads of the Treasury Department and SBA in June, urging them to end a current policy preventing law firms that service state-legal marijuana businesses from receiving those coronavirus dollars.

Another state-level consequence of federal prohibition is occurring in Maine, where the state’s education department announced in May that it is no longer eligible for certain federal funds to support mental health programs in schools because the state allows students to access medical marijuana.
Stupid shit like this triggers me. Who the fuck came up with this shit ? JAJAJA FUCKING CAREER POLITICIANS. How long does it take to realize they have been screwing us for years. I never believed in term limits, until now. Both sides of the aisle suck, We need new blood that is not beholding to anyone but their constituents. How do these old fucks stay in office so long promising everything and delivering nothing ? :doh:
 
Iran Still Hands Out Death Sentences for Cannabis


With a range that goes from practically decriminalized recreational cannabis to death sentences for selling large amounts, Iran runs the gamut when it comes to cannabis toleration, and exemplifies the issue of religious law vs penal law.
Iran has some interesting laws when it comes to cannabis, highlighting an issue that arises in different locations, of a difference in official law vs traditional religious law. In fact, in Iran’s first drug laws, cannabis wasn’t mentioned at all, and it is thought that the inclusion of it later had more to do with outside pressure than anything else. When the Penal Law of the Pahlavi was established in 1926, it made mention of cannabis under the local name ‘bang’, instituting prison sentences for having the plant, which could be anywhere from eight days to three months. It wasn’t until 1959 that it was declared a completely illegal substance, and in 1961 Iran joined the Single Convention on Narcotic Drugs.
By 1997, the Iranian Anti-Narcotics law was put into place which made clear that according to penal law, possession could garner a person a fine of anywhere from 1-30 million rials (about $8 million), as well as 1-70 lashes. This law also instituted capital punishment for as little as 5 grams of a narcotic substance, though this was updated in 2017, with higher thresholds put in before handing down a death sentence, and life sentences for many crimes that had incurred death before.
Having said all that, the use of cannabis is actually practically decriminalized – owing back to Iranian culture before the advent of all these laws. The penal laws exist, but they don’t actually mesh with Iranian culture, or the religious law that has governed it for centuries. So cannabis is used frequently, with growing numbers, and not much looking to stop it
Death penalty for drugs?
Oh yeah! Much like China, Iran has been a leader in death sentences with the majority coming from drug offenses, including cannabis. With the update in drug laws in 2017, the amount of drugs needed for a death sentence was increased. Prior to 2017, all it took for capital punishment was five kilograms of opium or 30 grams of heroin. Now it requires 50 kilograms of a narcotic substance, two kilograms of heroin, or three kilograms of crystal meth.
Whether cannabis is actually removed from this grouping is hard to say. Some sources say there is no further capital punishment for cannabis possession (which doesn’t speak to other cannabis crimes), while some sources go by the definition of cannabis as a narcotic according to Iranian law, in which case it would still incur a death penalty, but at 50 kilograms rather than five. In the cases where the death sentence is no longer relevant, a life sentence prevails. It is estimated that at the time the laws changed, 5,000 lives went from being set for death to open for lesser punishments.
This change in legislation didn’t happen overnight, and had been spoken about since 2016 when it was published that the country had killed nearly 1,000 people the year before, with some human rights groups claiming as many as 1,500 killings.
So, while this update doesn’t exactly change Iran into humanitarian country of the year, it does show a measure of progress, and progress is always good. It should be noted, however, that no writing about this legislative update has made any mention of laws changing around supply and trafficking crimes. The main change in legal precedent seems to be roundly about possession.
Supply crimes
As per the standard on this planet, supply crimes are treated much more harshly than possession and use crimes. The following punishments are handed out for supply crimes in Iran:
  • 50 grams or less incurs a fine of up to four million rials ($95), and 50 lashes.
  • 50-500 grams incurs a fine of 4-50 million rials, 20-74 lashes, and a possible three years of prison time to boot.
  • 500 grams – 50 kilograms incurs a 50-200 million rials, 50-74 lashes, and 3-15 years in prison.
  • 50 kilograms or more incurs the death penalty with property taken, except for that needed by the rest of the family of the convicted, to survive.



One stipulation that can get a person out of the death penalty is that if the drugs were in fact not sold, and their weight is under 20 kilograms, the death sentence is reverted to a life sentence with 74 lashes, and the loss of all property.
It should also be mentioned that being lashed is, in and of itself, a horrible punishment, and so incredibly detrimental to the body, that often lashing sentences are broken up over time to ensure the victim/guilty party doesn’t die. If anyone remembers back in 1994 when American Michael Fay was found guilty for some childish spray-painting in Singapore, his sentence was to be lashed four times with a rattan cane, a sentence that was duly carried out, and with enormous and very public suffering by Fay. Different instruments are used in different places which can determine the amount of lashes. Without even getting into the death penalty, the idea of lashing itself is considered barbaric, and more often than not, frowned upon in today’s society.
And now back to cannabis…
Cultivation, CBD, and Medicinal?
Cultivating cannabis in order to produce a narcotic drug is illegal in Iran, and first time offenders receive at the very least a fine, and the addition of 30-70 lashes after the first infraction. If a person is caught more than twice, the penalty goes up with a higher fine, 1-70 lashes, and a prison sentence of 2-5 years. Fourth time offenders are eligible for the death penalty!
It does get a little weird because of the wording of the law. The law states that cultivation for the express purpose of producing a drug, is illegal, but it doesn’t say anything about cultivating it for other reasons. If the plants are found to be budding with flowers that contain THC, it becomes a murkier legal situation in which the offender must prove somehow that the intention was not to produce a drug.
In Iran, CBD – or cannabidiol – is not legislated differently than the rest of the plant. Even though it is not thought of in the same way in popular culture, there is no legal basis at the moment to separate it, meaning that it is just as illegal as the rest of the plant.
There is no medicinal program in Iran, but as the use of the drug is generally tolerated, people who need it medically have room to use it as necessary, even if not legally. Industrial hemp, on the other hand, is perfectly legal to grow with low amounts of THC, and is often used to make fabrics and other supplies. The ability to grow industrial hemp does create a loophole for the use of low-THC cannabis, the same loophole that exists anywhere that industrial hemp is legal (particularly without any kind of permit) but the use of cannabis is illegal.
Religious law
A lot of the previously mentioned laws happened as merely a part of what was going on the world over, but they don’t necessarily represent the religious law that governs the region. Which does, understandably, create some legal discord by having such wide-ranging reactions. Practically decriminalized recreational cannabis is a far cry from being sentenced to death for simply having it, yet both ideas seem to permeate Iranian culture, one based on more recent penal law, and one based on historical Islamic religious law. According to Islamic religious law, there is very little mention of cannabis at all, and the attitude is rather flexible. The majority of religious scholars of that region hold that while cannabis should be regulated to some degree, that it is not forbidden by Islamic law.
To give an idea of how Iran assimilates the two different types of laws, and to show the prevalence of religious law in society (something that places like the US have ruled out by a separation of church and State), the following excerpt explains the relationship:
“The Islamic Republic is a political machine that combines secular institutions of government – such as anti-narcotics agencies – with religious forms of political formulation. The latter is best exemplified in the fact that Islam and Islamic law, as developed through the Shia Ja’fari School, are the base of the Constitution as written in 1980 (Schirazi, 1998). This means that laws and policies adopted by the state have to go through a process of evaluation that ensures their religious validity. When parliament approves a law, the text goes through an evaluation from an ad hoc body named the Guardian Council, which acts as a Constitutional Court. The Guardian Council assesses the laws based on the accordance with Islamic jurisprudence (fiqh). If the law is considered against Islamic law, it is rejected and sent back to parliament.”
Islamic religious leaders do condemn drug trafficking and drug addiction, but have been known to support non-violent means like needle exchanges, methadone maintenance, and safe injection rooms. All of which are a far cry from the general treatment handed down by penal law.
Conclusion
Iran is a country that straddles polar opposites when it comes to the governance and punishment for cannabis. On one hand having a long tradition that incorporates it, and a religious law that looks to regulate it without banishing it; and on the other hand a penal system that still hands out death sentences for it….there’s an obvious disconnect, and one that can be seen in a lot of countries that were essentially pressured into illegalizing cannabis.
It seems like Iran is slowly turning the tides of its cannabis illegalization. It might take some time, but with a strong cultural tradition to support it, a lot of it being smoked, and changing regulation to lighten punishment for offenses, Iran is making its way to being a much more cannabis-friendly country.
Thanks for stopping by CBDTESTERS.CO, where we’re covering everything related to medical cannabis and legal cannabis business. Stop back frequently and subscribe to the Medical Cannabis Weekly Newsletter to keep yourself up-to-date.
 
Seven Shot Dead In California Marijuana Factory Massacre

Police are hunting for the gunmen behind a mass shooting at an illegal marijuana factory in California which left seven people dead.

The FBI has been called in to hunt for "multiple suspects" who struck at the sprawling property in Aguanga, in the Anza Valley, east of Temecula, on Monday morning.
Riverside County Sheriff, Chad Bianco, said officers had been called to reports of an assault with a deadly weapon and upon arrival quickly located the victims.

He said one woman was still alive when deputies arrived at the isolated property and although she was taken to hospital, she later died from her injuries.

At a press conference, Sheriff Bianco said there were around 20 other people on the site when officers arrived.

He said: "We were called to the property to investigate reports of an assault with a deadly weapon and found the victims in or around one of the dwellings.

He said: "This residence was an obvious large scale illegal marijuana cultivation processing center, if you will.

"Obviously this is an ongoing investigation.

"We believe at this time that there were multiple suspects."

He said a search of the buildings on the complex quickly established that they were dealing with a massive operation and officers located a huge stash of drugs.

"This is not a small operation but a major organized crime type operation," he said.

"It was a very large, illegal marijuana grow and there are multiple makeshift buildings.

"We located more than 1,000 lbs of processed marijuana valued between $1 million and $5 million dollars.

"They had a nursery type for growing the plants, a place to dry the plants and places to process the plants."

He said the motive for the attack was unclear but it bore the hallmarks of a planned operation.

The area has been the focus of previous police attention in a bid to crack down on illegal marijuana factories.

Bianco said marijuana was not a victimless crime and he was determined to do all that he could to fight the scourge.

He said: "Can you imagine if this had happened in a populated city where children were next door?"

He revealed that in 2020 alone there had been eight incidents resulting in homicides at illegal cannabis cultivation sites within the sheriff's jurisdiction and further action was essential.

Mr Bianco added: "That's why we are enforcing warrants at illegal marijuana grows and are not going to slow down."
 
Federal Courts Are Going Backward On Cannabis


In 2020, state courts still seem to be a good bet for cannabis businesses in cannabis-legal states. But federal courts are sliding backward.
A few weeks back, the Cannabis Law Institute invited me to discuss contract drafting for cannabis deals. A focal point for the panel was whether courts are willing to enforce cannabis contracts. The last time I had really looked at that issue was early 2019, when I wrote: Cannabis Dispute? Courts are Open. As the title indicates, my research (and our law firm’s experience) showed that both state and federal courts were generally open to resolving cannabis contract disputes at the time. And I assumed the trend had held. Unfortunately, it has not!
In the 2019 piece, I summarized:
[Contract enforceability] was always the biggest consideration in choosing a forum for cannabis disputes. A few months ago, we ran a survey of federal courts and cannabis litigation, observing that none of the districts at issue were invalidating state-sanctioned businesses’ cannabis contracts on the dreaded “illegal purpose” basis. This trend is holding strong in recent federal court disputes on issues from RICO to patent infringement, despite the prohibited status of “marijuana” under federal law. As to state courts, the decisions declining to hear cannabis beefs are pretty far in the rearview. (Ironically, it has been safer overall to enforce cannabis contracts in federal courts that state courts to date.) When drafting agreements for cannabis clients, we still advise as to the diminishing possibility of non-enforcement, but most cannabis companies seem comfortable choosing court over arbitration if other goals are satisfied.
In 2020, state courts still seem to be a good bet for cannabis businesses in cannabis-legal states. Although I have not run a formal survey, I also have not come across local courts tossing disputes solely because the contract related to cannabis activities (and our cannabis business litigators have worked on many of these cases). But federal courts are sliding backward. A trio of cases in Washington, Oregon and Nevada show why.
Before running that dismal gauntlet, it’s important to understand the rationale used by federal courts to enforce cannabis contracts previously. The touchstone ruling here is found in Mann v. Gullickson, 2016 WL 6473215 (N.D. Cal. Nov. 2, 2016). In that case, the court observed that “[n]o principle of law is better settled than that a party to an illegal contract cannot come into a court of law and ask to have his illegal objects carried out…” (quoting Wong v. Tenneco, Inc., 39 Cal. 3d 126, 135 (1985)). That makes sense, right? For example, if Party A pays Party B to start a forest fire, but Party B pockets the cash and skips town, no court would require Party B to return and start the fires. The contract would be void for public policy reasons.
But there’s some wiggle room here. The Mann court also observed that “[e]ven where contracts concern illegal objects, where it is possible for a court to enforce a contract in a way that does not require illegal conduct, the court is not barred from according such relief.” As such, the court determined it could require a cannabis company borrower to repay a loan it had received (provided the case did not settle between summary judgment and trial). Requiring someone to repay a loan, after all, doesn’t require the debtor to violate any laws– even if the debtor is a scofflaw.
In legal terms, what the Mann court did is “sever” the narrow, kosher contract requirements from the broader, “illegal contract” at issue. This is in keeping with our early 2019 survey of the federal courts, mentioned above. Specifically, we concluded in that blog post that courts were “find[ing] ways around invalidating contracts simply because they happen to involve cannabis–and sometimes even when they include terms that require parties to violate federal law–so long as those provisions are severable.”



Unfortunately, courts seem to be rethinking this approach, not just in jurisdictions that comprise states without legal cannabis programs, but in states that have taken the lead on ending prohibition. Below are the 2020 decisions in Washington, Oregon and Nevada, which show courts backing up a bit.
Bart St. III v. ACC Enterprises, LLC, No. 217CV00083GMNVCF, 2020 WL 1638329 (D. Nev. Apr. 1, 2020)
Like Mann, Bart St. is a loan default case. Plaintiff lent defendant, a cannabis grower, $4.7 million under a contract governed by Nevada law. When the defendant defaulted, plaintiff sued for breach of contract and unjust enrichment. Defendant argued that it couldn’t be liable for breach of contract: under federal law, the contract was illegal. The judge agreed as to various portions of the contract, but could not decide on summary judgment whether the illegal provisions could be severed from the rest of the agreement. For that reason, the defendant’s summary judgment motion was denied on the breach of contract claim. As to the unjust enrichment claim, the judge wrote:
Plaintiff cannot prevail for unjust enrichment because the parties’ contract involves moral turpitude. If the Contract is unenforceable, it is because Plaintiff invested in Defendants’ marijuana cultivation business primarily to obtain a pathway to an equity investment therein . . . . Providing funds in exchange for equity violates the CSA because it would allow the investor to profit from the cultivation, possession, and sale of marijuana . . . . Conspiracy to cultivate marijuana is a crime of moral turpitude.
Ouch. After that ruling, the defendant was left with one arrow in its quiver (breach of contract). It seems the court will stick to the Mann severability analysis there, but the denial of plaintiff’s equitable claims on an “illegal contract” and/or “moral turpitude” finding, is a discouraging setback.
New Jersey Businesses Can't Fire Medical Marijuana Users, Court Rules

Photo by qimono via Pixabay
Polk v. Gontmakher, No. 2:18-CV-01434-RAJ, 2020 WL 2572536 (W.D. Wash. May 21, 2020)
This one looks like a classic cannabis partnership dispute, complete with regulatory scheming. Polk and Gontmakher owned a company that owned a retail store and a processing facility. When Polk prepared to leave the business, Gontmakher refused to acknowledge his ownership interest: Polk had a prior criminal record, which would have made him ineligible under Washington administrative rules. So Polk sued Gontmakher for breaching their (oral) agreement and to recover past and future profits from the enterprise. Here’s what the Court said, in granting Gontmakher’s motion to dismiss:
Mr. Polk’s claim that his requested relief would not require a violation of the CSA defies logic. He is demanding the future profits of a business that produces and processes marijuana in violation of federal law. How does Mr. Polk anticipate [the business] will generate these future profits? The Court cannot fathom how ordering [Gontmakher] to turn over the future profits of a marijuana business would not require them to violate the CSA. And as this Court has previously explained to Mr. Polk, it cannot award him an equitable interest in [the business] because to do so would directly contravene federal law.
Does that seem unfair to you? It is! It’s also a straightforward reading of the law.
Lilly, LLC v. Clearspan Fabric Structures Int’l, Inc., No. 3:18-CV-01104-HZ, 2020 WL 1855190 (D. Or. Apr. 13, 2020)
To me, this is the scariest one of the three. Unlike the other two cases, the defendant here didn’t even raise the “illegal purpose” defense. The judge just brought it up on his own, sua sponte, and now the parties are stuck with it.
In this matter, J. Lilly, an Oregon licensed cannabis producer, contracted with Clearspan to build its facility and lease some greenhouse equipment. After construction began, J. Lilly gave notice that defects in the facility were impeding cultivation efforts, and ultimately sued for breach of the agreements. J. Lilly claimed lost profits due to the inability to cultivate cannabis. Clearspan moved to dismiss the claims on the basis that the cultivator waived any contractual right to consequential damages– not because the contract had an “illegal purpose.” However, Judge Hernandez raised the issue on his own at oral argument, asked the parties for supplemental briefing, and ultimately held that:
awarding Plaintiff damages for lost profits [for the sale of cannabis] would require the Court to compel Defendants to violate the [CSA…and] provides an independent basis to dismiss Plaintiff’s lost profits claim in addition to [the issue of waiver, and other merits issues.]
Obviously, that’s another tough one for the industry. And it’s especially discouraging that the judge took it upon himself to raise this thorny issue to dispose of the case.
So what are the takeaways here?
  1. Federal courts in 2020 look less inviting than before for cannabis business disputes. That is even (especially?) true in certain cannabis friendly jurisdictions. It seems true in less friendly jurisdictions, too.
  2. The Mann analysis is still viable; courts will continue to grapple with it; and courts may be willing to carve out cannabis contract remedies. But that is true only for certain causes of action, and only if the remedy does not contemplate federally unlawful conduct.
  3. Skillful contract drafting is terribly important. “Severability” clauses, for example, are generally considered boilerplate, but in the cannabis contract context they can be paramount.
  4. As always, federal law has to change. Cannabis is legal for adult use in 11 states and for medical use in 33 states, yet no one has any contract certainty. None of this makes any sense.
 
You posted this in the right place, Baron...wish I could say I’m surprised, but I’m not. ‘Course, you know where I stand on this...to me, anything short of full descheduling and vacating state and local laws subsequent to prohibition simply stand no chance of avoiding exactly this kind of screw job. I *do* wonder if at least some of this is the result of ramming through ideological appointments...but of course I do. Sad and worrisome for all concerned - including the public.
 
Seven Shot Dead In California Marijuana Factory Massacre

Police are hunting for the gunmen behind a mass shooting at an illegal marijuana factory in California which left seven people dead.

The FBI has been called in to hunt for "multiple suspects" who struck at the sprawling property in Aguanga, in the Anza Valley, east of Temecula, on Monday morning.
Riverside County Sheriff, Chad Bianco, said officers had been called to reports of an assault with a deadly weapon and upon arrival quickly located the victims.

He said one woman was still alive when deputies arrived at the isolated property and although she was taken to hospital, she later died from her injuries.

At a press conference, Sheriff Bianco said there were around 20 other people on the site when officers arrived.

He said: "We were called to the property to investigate reports of an assault with a deadly weapon and found the victims in or around one of the dwellings.

He said: "This residence was an obvious large scale illegal marijuana cultivation processing center, if you will.

"Obviously this is an ongoing investigation.

"We believe at this time that there were multiple suspects."

He said a search of the buildings on the complex quickly established that they were dealing with a massive operation and officers located a huge stash of drugs.

"This is not a small operation but a major organized crime type operation," he said.

"It was a very large, illegal marijuana grow and there are multiple makeshift buildings.

"We located more than 1,000 lbs of processed marijuana valued between $1 million and $5 million dollars.

"They had a nursery type for growing the plants, a place to dry the plants and places to process the plants."

He said the motive for the attack was unclear but it bore the hallmarks of a planned operation.

The area has been the focus of previous police attention in a bid to crack down on illegal marijuana factories.

Bianco said marijuana was not a victimless crime and he was determined to do all that he could to fight the scourge.

He said: "Can you imagine if this had happened in a populated city where children were next door?"

He revealed that in 2020 alone there had been eight incidents resulting in homicides at illegal cannabis cultivation sites within the sheriff's jurisdiction and further action was essential.

Mr Bianco added: "That's why we are enforcing warrants at illegal marijuana grows and are not going to slow down."
Honestly...I have to wonder how much investigation they’re actually doing. Sounds like exactly the sort of thing that gets shelved under “what did you expect?”
 

Most Of The $1.5 Billion Spent on Cannabis Research Went To Studies Telling People How Bad It Is For Them


Most of us like to believe that scientific inquiry is governed by a spirit of curiosity and neutrality, investigating the subject of study from every possible angle. Unfortunately, when it comes to cannabis research in the United States, the approach has been largely one-sided.


According to a new analysis of cannabis research funding in the US, Canada, and the UK, about $1.56 billion went toward cannabis research between 2000 and 2018. Roughly half of that funded research focused on the potential harms of cannabis.

Individual years proved even worse. For example, in 2018, research on potential harms of cannabis received more than 20 times more funding than research on cannabis therapeutics.






What’s more, the biggest chunk of the money (about $1 billion) came from the U.S. National Institute on Drug Abuse (NIDA), a federal government agency. According to the analysis, NIDA put far more money to research cannabis misuse and its adverse effects than on the therapeutic potential of cannabis.


“The government’s budget is a political statement about what we value as a society,” Daniel Mallinson, a cannabis policy researcher at Pennsylvania State University, Harrisburg, told Science Magazine. “The fact that most of the cannabis money is going to drug abuse and probably to cannabis use disorder versus medical purposes—that says something.”


Differences between the US, UK, and Canada


Mallinson reviewed the analysis data, which was done by Jim Hudson, a consultant for medical research charities and government agencies. He assembled the database from publicly available records on research funding.


According to Science Magazine, the bulk of the research took place in the YS, with about $1.49 billion spent during the 19-year period. The UK spent $40 million, and Canada spent $32.2 million.


The UK research also tended to focus on the potentially harmful impact of cannabis. However, most Canadian research focused on the body’s endocannabinoid system and how it interacts with the active chemicals in cannabis.


New players in the cannabis research game


Hudson’s research also turned up interesting information on who funds research. While NIDA is still by far the biggest funder, both domestically and worldwide, other government agencies have increased funding.


For example, the analysis discovered that the U.S. Department of Defense has spent millions on cannabinoid research in the past few years. Also, starting in 2014, Colorado partly went its own way, with the state’s Department of Public Health and Environment creating a medical marijuana research program.


Science magazine reported Colorado’s move is part of a trend of states providing funds for medical research. This is partly in reaction to the federal government restricting research to cannabis from one farm at the University of Mississippi, which has been criticized for providing substandard cannabis.


With the clear signal that the federal government is more interested in the harms of cannabis than the potential good, more states may follow Colorado’s lead.
 

Most Of The $1.5 Billion Spent on Cannabis Research Went To Studies Telling People How Bad It Is For Them


Most of us like to believe that scientific inquiry is governed by a spirit of curiosity and neutrality, investigating the subject of study from every possible angle. Unfortunately, when it comes to cannabis research in the United States, the approach has been largely one-sided.


According to a new analysis of cannabis research funding in the US, Canada, and the UK, about $1.56 billion went toward cannabis research between 2000 and 2018. Roughly half of that funded research focused on the potential harms of cannabis.

Individual years proved even worse. For example, in 2018, research on potential harms of cannabis received more than 20 times more funding than research on cannabis therapeutics.






What’s more, the biggest chunk of the money (about $1 billion) came from the U.S. National Institute on Drug Abuse (NIDA), a federal government agency. According to the analysis, NIDA put far more money to research cannabis misuse and its adverse effects than on the therapeutic potential of cannabis.


“The government’s budget is a political statement about what we value as a society,” Daniel Mallinson, a cannabis policy researcher at Pennsylvania State University, Harrisburg, told Science Magazine. “The fact that most of the cannabis money is going to drug abuse and probably to cannabis use disorder versus medical purposes—that says something.”


Differences between the US, UK, and Canada


Mallinson reviewed the analysis data, which was done by Jim Hudson, a consultant for medical research charities and government agencies. He assembled the database from publicly available records on research funding.


According to Science Magazine, the bulk of the research took place in the YS, with about $1.49 billion spent during the 19-year period. The UK spent $40 million, and Canada spent $32.2 million.


The UK research also tended to focus on the potentially harmful impact of cannabis. However, most Canadian research focused on the body’s endocannabinoid system and how it interacts with the active chemicals in cannabis.


New players in the cannabis research game


Hudson’s research also turned up interesting information on who funds research. While NIDA is still by far the biggest funder, both domestically and worldwide, other government agencies have increased funding.


For example, the analysis discovered that the U.S. Department of Defense has spent millions on cannabinoid research in the past few years. Also, starting in 2014, Colorado partly went its own way, with the state’s Department of Public Health and Environment creating a medical marijuana research program.


Science magazine reported Colorado’s move is part of a trend of states providing funds for medical research. This is partly in reaction to the federal government restricting research to cannabis from one farm at the University of Mississippi, which has been criticized for providing substandard cannabis.


With the clear signal that the federal government is more interested in the harms of cannabis than the potential good, more states may follow Colorado’s lead.
USA is way behind many part’s of the Pale Blue Dot we homo Sapien’s reside on!
 
USA is way behind many part’s of the Pale Blue Dot we homo Sapien’s reside on!
Personally, I think we live in the greatest country in the world w the greatest personal freedoms.
 

Most Of The $1.5 Billion Spent on Cannabis Research Went To Studies Telling People How Bad It Is For Them


Most of us like to believe that scientific inquiry is governed by a spirit of curiosity and neutrality, investigating the subject of study from every possible angle. Unfortunately, when it comes to cannabis research in the United States, the approach has been largely one-sided.


According to a new analysis of cannabis research funding in the US, Canada, and the UK, about $1.56 billion went toward cannabis research between 2000 and 2018. Roughly half of that funded research focused on the potential harms of cannabis.

Individual years proved even worse. For example, in 2018, research on potential harms of cannabis received more than 20 times more funding than research on cannabis therapeutics.






What’s more, the biggest chunk of the money (about $1 billion) came from the U.S. National Institute on Drug Abuse (NIDA), a federal government agency. According to the analysis, NIDA put far more money to research cannabis misuse and its adverse effects than on the therapeutic potential of cannabis.


“The government’s budget is a political statement about what we value as a society,” Daniel Mallinson, a cannabis policy researcher at Pennsylvania State University, Harrisburg, told Science Magazine. “The fact that most of the cannabis money is going to drug abuse and probably to cannabis use disorder versus medical purposes—that says something.”


Differences between the US, UK, and Canada


Mallinson reviewed the analysis data, which was done by Jim Hudson, a consultant for medical research charities and government agencies. He assembled the database from publicly available records on research funding.


According to Science Magazine, the bulk of the research took place in the YS, with about $1.49 billion spent during the 19-year period. The UK spent $40 million, and Canada spent $32.2 million.


The UK research also tended to focus on the potentially harmful impact of cannabis. However, most Canadian research focused on the body’s endocannabinoid system and how it interacts with the active chemicals in cannabis.


New players in the cannabis research game


Hudson’s research also turned up interesting information on who funds research. While NIDA is still by far the biggest funder, both domestically and worldwide, other government agencies have increased funding.


For example, the analysis discovered that the U.S. Department of Defense has spent millions on cannabinoid research in the past few years. Also, starting in 2014, Colorado partly went its own way, with the state’s Department of Public Health and Environment creating a medical marijuana research program.


Science magazine reported Colorado’s move is part of a trend of states providing funds for medical research. This is partly in reaction to the federal government restricting research to cannabis from one farm at the University of Mississippi, which has been criticized for providing substandard cannabis.


With the clear signal that the federal government is more interested in the harms of cannabis than the potential good, more states may follow Colorado’s lead.

Personally, I think we live in the greatest country in the world w the greatest personal freedoms.
Nothing about this is surprising, or even particularly horrible in context: the real news is that ANY FUNDS AT ALL went to non-propagandistic research. Federal funding has *always* been devoted to digging for horror stories, even when the best they can come up with is “maybe...for some individuals...in certain cases...”. The fact that it may no longer be the EXCLUSIVE aim is a positive development.

I can agree with your assessment of the US and still be clear-eyed about our shortcomings. I’m patriotic, not blind. For example, you in your state enjoy personal freedoms I do not have any access to in my state...in what way does that very real distinction add up to A country? I dunno, honestly.
 

FBI data shows more marijuana arrests made in 2019 than for violent crimes


In spite of ever-growing support for marijuana use in the United States, a recently-released FBI report revealed there were more people arrested for cannabis last year than for all violent crimes together.
According to data from the Uniform Crime Report, a total of 545,602 people were arrested in the U.S. for marijuana-related offenses in 2019. However, the same report showed 495,871 people were arrested for violent crimes last year throughout the country.



What’s even more interesting is the fact that 92% of the people arrested for cannabis, or 500,395, were apprehended for the mere possession of marijuana – which has been decriminalized in 28 U.S. states to date. Eleven states have fully legalized marijuana, while a number of others allow cannabis for medical use.
The majority of the drug arrests were made in the Northeastern U.S., while in the Western U.S., where cannabis is largely legal, marijuana arrests were much less frequent.
“Police across America make a marijuana-related arrest every 58 seconds. At a time when the overwhelming majority of Americans want cannabis to be legal and regulated, it is an outrage that many police departments across the country continue to waste tax dollars and limited law enforcement resources on arresting otherwise law-abiding citizens for simple marijuana possession,” Executive Director for cannabis advocacy group NORML Eric Altieri said following the release of the FBI data.
During last week’s vice-presidential debate, the issue of federal decriminalization of weed came up as well. Senator Kamala Harris, Joe Biden’s running mate in the 2020 election, vowed a future Biden-Harris administration would decriminalize pot and allow for the expungement of records for those convicted of low-level marijuana crimes.
Harris is also the lead Senate sponsor of the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, a piece of legislation that aims to deschedule cannabis from the Controlled Substances Act.
Aside from polls indicating that a majority of Americans support the legalization of cannabis, decriminalization has also been in the spotlight given recent tensions surrounding racial injustice in the U.S.
According to the American Civil Liberties Union (ACLU), black people are still 3.6 times more likely to be arrested for marijuana than white people nationwide, despite both groups reportedly using cannabis at similar rates.
 
90 frakin years......sigh

Man serving 90-year sentence for selling marijuana released from prison


While serving a 90-year prison sentence for selling marijuana, Richard DeLisi's wife died, as did his 23-year-old son and both his parents. His adult daughter was in a horrific car accident and suffered a paralyzing stroke as a result. He never met two granddaughters - a lifetime of missed memories.

Yet, 71-year-old DeLisi walked out of a Florida prison Tuesday morning grateful and unresentful as he hugged his tearful family. After serving 31 years, he said he's just eager to restore the lost time. DeLisi was believed to be the longest-serving nonviolent cannabis prisoner, according to the The Last Prisoner Project which championed his release.

DeLisi also finally met his 11-year-old and 1-year-old granddaughters for the first time this week.

"I'm a blessed human being, a survivor," DeLisi said in a phone interview with The Associated Press on Wednesday while he was in the parking lot of his favorite hamburger joint as he watched his granddaughters laugh and bounce a ball.

Marijuana Inmate Freed
In this photo provided by Last Prisoner Project, Richard DeLisi walks out of prison, Dec. 8, 2020. AP
DeLisi was sentenced to 90 years for marijuana trafficking in 1989 at the age of 40 even though the typical sentence was only 12 to 17 years. He believes he was targeted with the lengthy sentence because the judge mistakenly thought he was part of organized crime because he was an Italian from New York. DeLisi said he had opportunities, but never had any desire for that life.

He prefers not to dwell on lost memories and time he'll never get back. He's not angry, and instead takes every opportunity to express gratitude and hope.

"Prison changed me. I never really knew who God was and now I know and it changed the way I talk to people and treat people," said DeLisi, who became a mentor to younger inmates. "For me, being there so long, I was able to take gang members from gangs to gentleman."

When the then-40-year-old hipster with the thick Italian accent first entered prison, he was illiterate, but taught himself how to read and write.

Now, he wants "to make the best of every bit of my time" fighting for the release of other inmates through his organization FreeDeLisi.com.

"The system needs to change and I'm going to try my best to be an activist," he said.


Chiara Juster, a former Florida prosecutor who handled the case pro bono for the The Last Prisoner Project, criticized DeLisi's lengthy sentence as "a sick indictment of our nation."

The family has spent over $250,000 on attorneys' fees and over $80,000 on long-distance international collect calls over the past few decades, but it's not money they want back.

Rick DeLisi was only 11 years old when he sat in the courtroom and said goodbye to his father. Now, he's a successful business owner with a wife and three children living in Amsterdam. He can't wait to bring his father overseas and to their vacation home in Hawaii.

Those are the memories his father yearned to create while he was locked up.

"Taking a swim, lay in the sun, oh so many things, eat at Jack's Hamburgers," the father said.

Every moment, even the little ones, are milestones.

For years, 43-year-old Rick dreamed of cooking his father breakfast like he did Wednesday morning with heaping platters of eggs, bacon, sausage and biscuits. He burst into tears just watching his dad eat a bagel and drink a bottle of water that didn't come from the prison commissary.

But it's bittersweet thinking about the lost time, the waste.

For what, his son asks?

"It's just kind of like torment on your soul for 31 years," he said. "I was kind of robbed of my whole life so I just appreciate that I can witness it, but on the other hand I feel like isn't somebody responsible? Is there somebody that can answer to this?"

Rick DeLisi said his family fell apart after his father's sentence. His mother never recovered. His brother overdosed and died, his sister was in a terrible car accident. Rick fled at the country at 17 to get away from the pain.

"I can't believe they did this to my father. I can't believe they did this to my family," the grieving son said, describing the reunion like opening up an old, painful wound.

His voice cracks and his eyes well up with tears as he talks about how grateful he is to finally see his dad.

"There's a feeling of who's responsible for this debt in my mind, and justice," said Rick DeLisi. "I don't mean debt with money. I mean something more valuable. Time. Something you can never get back."
 

Feds’ Post-Election Warning: Marijuana Still Banned For Federal Workers Despite State Legalization


Federal employees are still be subject to drug testing for controlled substances including marijuana, regardless of recent state-level votes to legalize cannabis and decriminalize other drugs, the Substance Abuse and Mental Health Services Administration (SAMHSA) is warning in a post-election memo.


“While several states have made changes to their State drug laws during this year’s election, I would like to reiterate, that there have been no changes to the drug testing panel under the federal Drug-Free Workplace Program (DFWP),” Ron Flegel, director of the Division of Workplace Programs at SAMHSA, wrote.


“The DFWP (as established under Executive Order 12564, Public Law 100-71 and the Mandatory Guidelines) will continue to test for Schedule I and Schedule II controlled substances at the established cut off levels listed in the Mandatory Guidelines,” he said in the short notice sent to federal agency drug program coordinators, medical review officers and federal partners.


The agency, which oversees federal drug testing policies and is part of the Department of Health and Human Services, has previously cautioned agencies about CBD. In a July notice, SAMHSA noted that there is a current lack of regulations on hemp-derived CBD products made legal under the 2018 Farm Bill, and there’s a risk that they could contain excess THC concentrations that could trigger positive drug tests for marijuana.


That appeared to have led to a flood of federal policy updates—from NASA, the Department of Defense, the Coast Guard and others—on the use of the non-intoxicating cannabinoid by workers. It’s unclear if the new government-wide memo about the cannabis election results will similarly trigger another round of specific directives at individual agencies.


As more states have moved to legalize marijuana for medical or recreational purposes, the federal government is pushing to expand its drug testing protocols for cannabis and other controlled substances.


In September, SAMHSA published a notice of proposed rules to expand workplace drug testing programs by allowing federal employers to collect hair samples and analyze those for illicit substances. They said “hair testing potentially offers several benefits when compared to urine, including directly observed collections, ease of transport and storage, increased specimen stability, and a longer window of drug detection.”


This latest update, which was first reported by Safety+Health, was sent less than a week after Election Day. It references successful votes to legalize marijuana for medical or recreational purposes in several states, including some that are traditionally conservative such as Mississippi, Montana and South Dakota. Oregon voters also approved separate measures to decriminalize all drugs and legalize psilocybin therapy, while a Washington, D.C. ballot initiative to make plant- and fungi-based psychedelics among the lowest law enforcement priorities in the nation’s capital also passed.


While reform has generally been restricted to the state level, the U.S. House of Representatives last week approved a bill to federally legalize cannabis. And on Wednesday, the chamber passed legislation to promote research into the plant, in part by allowing scientists to obtain marijuana from state-legal dispensaries.
 
90 frakin years......sigh

Man serving 90-year sentence for selling marijuana released from prison


While serving a 90-year prison sentence for selling marijuana, Richard DeLisi's wife died, as did his 23-year-old son and both his parents. His adult daughter was in a horrific car accident and suffered a paralyzing stroke as a result. He never met two granddaughters - a lifetime of missed memories.

Yet, 71-year-old DeLisi walked out of a Florida prison Tuesday morning grateful and unresentful as he hugged his tearful family. After serving 31 years, he said he's just eager to restore the lost time. DeLisi was believed to be the longest-serving nonviolent cannabis prisoner, according to the The Last Prisoner Project which championed his release.

DeLisi also finally met his 11-year-old and 1-year-old granddaughters for the first time this week.

"I'm a blessed human being, a survivor," DeLisi said in a phone interview with The Associated Press on Wednesday while he was in the parking lot of his favorite hamburger joint as he watched his granddaughters laugh and bounce a ball.

Marijuana Inmate Freed
In this photo provided by Last Prisoner Project, Richard DeLisi walks out of prison, Dec. 8, 2020. AP
DeLisi was sentenced to 90 years for marijuana trafficking in 1989 at the age of 40 even though the typical sentence was only 12 to 17 years. He believes he was targeted with the lengthy sentence because the judge mistakenly thought he was part of organized crime because he was an Italian from New York. DeLisi said he had opportunities, but never had any desire for that life.

He prefers not to dwell on lost memories and time he'll never get back. He's not angry, and instead takes every opportunity to express gratitude and hope.

"Prison changed me. I never really knew who God was and now I know and it changed the way I talk to people and treat people," said DeLisi, who became a mentor to younger inmates. "For me, being there so long, I was able to take gang members from gangs to gentleman."

When the then-40-year-old hipster with the thick Italian accent first entered prison, he was illiterate, but taught himself how to read and write.

Now, he wants "to make the best of every bit of my time" fighting for the release of other inmates through his organization FreeDeLisi.com.

"The system needs to change and I'm going to try my best to be an activist," he said.


Chiara Juster, a former Florida prosecutor who handled the case pro bono for the The Last Prisoner Project, criticized DeLisi's lengthy sentence as "a sick indictment of our nation."

The family has spent over $250,000 on attorneys' fees and over $80,000 on long-distance international collect calls over the past few decades, but it's not money they want back.

Rick DeLisi was only 11 years old when he sat in the courtroom and said goodbye to his father. Now, he's a successful business owner with a wife and three children living in Amsterdam. He can't wait to bring his father overseas and to their vacation home in Hawaii.

Those are the memories his father yearned to create while he was locked up.

"Taking a swim, lay in the sun, oh so many things, eat at Jack's Hamburgers," the father said.

Every moment, even the little ones, are milestones.

For years, 43-year-old Rick dreamed of cooking his father breakfast like he did Wednesday morning with heaping platters of eggs, bacon, sausage and biscuits. He burst into tears just watching his dad eat a bagel and drink a bottle of water that didn't come from the prison commissary.

But it's bittersweet thinking about the lost time, the waste.

For what, his son asks?

"It's just kind of like torment on your soul for 31 years," he said. "I was kind of robbed of my whole life so I just appreciate that I can witness it, but on the other hand I feel like isn't somebody responsible? Is there somebody that can answer to this?"

Rick DeLisi said his family fell apart after his father's sentence. His mother never recovered. His brother overdosed and died, his sister was in a terrible car accident. Rick fled at the country at 17 to get away from the pain.

"I can't believe they did this to my father. I can't believe they did this to my family," the grieving son said, describing the reunion like opening up an old, painful wound.

His voice cracks and his eyes well up with tears as he talks about how grateful he is to finally see his dad.

"There's a feeling of who's responsible for this debt in my mind, and justice," said Rick DeLisi. "I don't mean debt with money. I mean something more valuable. Time. Something you can never get back."
Yeah, that is insanity. The sad part is that there are still Jurisdictions where a sentence like that is possible.
 
Yeah, that is insanity. The sad part is that there are still Jurisdictions where a sentence like that is possible.
It actually makes me angry... im pretty angry with governments anyway, but this jus takes the piss...
Taking a mans life, for something that grows naturally and harms no one...
Id have a major chip on my shoulder if i was his family, and id be doing all i can to ruin the lives of the politicians that made this happen..
You only get one life...
They owe him a fuck ton of money in my opinion....
 

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