Emerging Issues with Marijuana Legalization
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The Green Regulatory Arbitrage
Table of Contents I. EXECUTIVE SUMMARY ...................................................................................................... 1 II. PROHIBITION - HOW CANNABIS BECAME ILLEGAL ..................................................... 4 III. THE LEGAL LANDSCAPE .................................................................................................... 7 A. Federal Law And Its Impact On The Cannabis Industry ..................................................... 7 1. Cannabis Is A Schedule 1 Substance ............................................................................ 7 2. Access To Capital Markets Restricted ......................................................................... 9 3. Banking Services Limited .......................................................................................... 10 4. Tax Burdens .............................................................................................................. 11 5. Interstate And International Commerce Restrictions ................................................. 11 6. Insurance Options Limited ........................................................................................ 12 7. Medical Research And Clinical Trials Stymied .......................................................... 12 8. Professional Services Harder To Find ........................................................................ 13 9. Real Estate Challenges .............................................................................................. 13 B. The States -
Bank on It Finance News You Can Count On
Bank On It Finance News You Can Count On December 2019 UPCOMING FIRM Banking Cannabis EVENTS: By James I. Kaplan 12/12/19 Business Law Training: Banks face challenges in providing services to What’s Around The Corner? the fast-growing cannabis industry due to The Top Ten Things We Are inconsistency between state and federal law. Watching in Employment Cannabis is now legal for retail and/or medical Law for 2020 sales for about 70% of the country’s population 12:00 p.m. CST under state law, but federal law continues to Register at www.quarles.com/events contain roadblocks for banks wishing to do business with the cannabis industry. Federal legislation is in the works that would Location: Quarles & Brady offices and via Webinar remove barriers and allow banks to confidently serve the cannabis industry. As is often true in this area, the path is hardly smooth and the resolution is not yet clear. We explain below. The current state of law regarding the sale to and use by individuals of cannabis and cannabis products for recreational and medical purposes is, to put it mildly, inconsistent. More than 70 percent of the population of the United States live in the 34 states where retail and/or medical distribution, possession and use of cannabis is or shortly will be legal. At the same time, cannabis is a Schedule 1 drug for purposes of the Federal Controlled Substances Act, which means that retail and medical use of cannabis remains illegal for Federal law purposes. A complicating factor is that Why Quarles & Brady this Federal-State legal conflict has made most banks reluctant to provide cannabis With experience handling a diverse businesses, and sometimes even their service providers or real estate and equipment array of financings, a deep bench of lessors, with financial services like deposit account services and lending. -
Round Table: Legalized Marijuana
ROUND TABLE Legalized Marijuana June 5 2018 Table of Contents Opening Letter…………………………………………………………………………………………………………………….pg 2 Cannabis Legalization (official release from the Government of Ontario)……………………………..pg 3 Scripture Used to Support Marijuana Use…………………………………………………………………………….pg 7 Scripture Used to Oppose Marijuana Use…………………………………………………………………………….pg 9 The Medical Side of Things………………………………………………………………………………………………..pg 11 When Pot is Legal, What Do We Say?.................................................................................................pg 16 Can Cannabis and Christ Co-exist?.......................................................................................................pg 20 Marijuana to the Glory of God?.............................................................................................................pg 25 Questions to Wrestle Through…………………………………………………………………………………………..pg 29 1 219 Talbot St E Leamington ON N8H 3V6 Tel: 519.326.3605 www.meadowbrook.ca Hello everyone! On Tuesday, June 5th 2018 at 7pm, we will be having a round-table discussion about the legalization of marijuana, which is coming to Canada soon. How do we grapple with this and approach it as Christians, as parents, as a church? We wanted to take some time to get together and talk about the issue. We are not gathering on this night to argue, or to craft an official policy, or to solve the matter once and for all. This will be an ongoing conversation for all of us, requiring prayer and careful thought, and it is likely not going to be -
Banking Mrbs and Lessons from NCUA Enforcement Action
Banking MRBs and Lessons from NCUA Enforcement Action Thursday, July 15, 2021 Aliza Pescovitz Malouf Richard Garabedian Associate Counsel Hunton Andrews Kurth LLP Hunton Andrews Kurth LLP 1445 Ross Avenue, Suite 3700 2200 Pennsylvania Avenue, NW Dallas, Texas 75202 Washington, D.C. 20037 Tel: 214‐979‐8229 Tel: 202‐419‐2117 Email: [email protected] Email: [email protected] This Program Covers . I. Difference Between Marijuana and Hemp II. Background on Legalization of Cannabis III. Current State of Cannabis Legalization IV. Financial Benefits of Banking Marijuana Related Businesses V. Regulatory Landscape VI. Live Life Enforcement Action VII. Best Practices 2 Cannabis: Marijuana vs. Hemp Marijuana Hemp Marijuana is abundant in THC with concentrations Hemp contains a very low concentration of THC (0.3% or between 15% to 40%. less). Marijuana is grown for recreational and medicinal Hemp is grown primarily for industrial purposes. purposes. Marijuana can be smoked, inhaled, ingested or injected Hemp's rapid growth and strong fibers make it ideal for directly into the body. THC is also commonly extracted crafting durable rope, clothing, sails, and paper. With the from the plant and used in a variety of methods fast‐growing popularity of CBD, hemp is also used to including vaporizers, capsules, edibles and more. produce a wide variety of THC‐free CBD products. Still a Schedule I drug under the federal Controlled No longer a Schedule I drug under the federal Controlled Substances Act. Substances Act as of December 20, 2018. 3 Background on Legalization of Cannabis History of Cannabis in the United States • 1619. Virginia Assembly passed legislation requiring every farmer to grow hemp. -
Legislative Calendar
S. PRT. 112–60 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE LEGISLATIVE CALENDAR ONE HUNDRED TWELFTH CONGRESS CONVENED JANUARY 5, 2011 FIRST SESSION ! ADJOURNED DECEMBER 3, 2012 CONVENED JANUARY 3, 2012 SECOND SESSION ! ADJOURNED JANUARY 3, 2013 BARBARA BOXER, Chairman FINAL CALENDAR January 3, 2013 36–868 PDF U.S. GOVERNMENT PUBLISHING OFFICE: 2019 VerDate Aug 31 2005 13:35 Aug 01, 2019 Jkt 000000 PO 00000 Frm 00001 Fmt 7800 Sfmt 7800 S:\_EPW\DOCS\36868.TXT VERNE congress.#06 CONTENTS Page Committee members .............................................................................................................................................. 3 Subcommittees ....................................................................................................................................................... 4 Jurisdiction of the committee ................................................................................................................................ 6 Rules of procedure ................................................................................................................................................. 7 History and work of the committee ...................................................................................................................... 10 Measures Within the Jurisdiction of the Committee on Environment and Public Works—112th Congress .... 11 Chronology and status of Senate bills ................................................................................................................. -
Mexican Drug Trafficking Organizations and Marijuana: the Potential Effects of U.S
Elliott School of International Affairs/Inter-American Drug Abuse Control Commission: Capstone Report Mexican Drug Trafficking Organizations and Marijuana: The Potential Effects of U.S. Legalization April 26, 2011 Chad Murray, Ashlee Jackson Amanda C. Miralrío, Nicolas Eiden Table of Contents Clarification of Terms ..................................................................................................................... 1 Chapter 1: Objectives, Methodology, and Definitions ................................................................... 2 Objectives ................................................................................................................................................. 2 Methodology ............................................................................................................................................. 2 Terms: Possibilities Defined ..................................................................................................................... 3 Chapter 2: Current Issues for Consideration: the Laws, the Numbers, and the Organizations ...... 5 The International Drug Control Regime ................................................................................................... 5 U.S. Marijuana Laws ................................................................................................................................ 5 California Marijuana Legislation .............................................................................................................. 6 Arguments -
A Survey of Cannabis Consumption and Implications of an Experimental Policy Manipulation Among Young Adults
Virginia Commonwealth University VCU Scholars Compass Theses and Dissertations Graduate School 2018 A SURVEY OF CANNABIS CONSUMPTION AND IMPLICATIONS OF AN EXPERIMENTAL POLICY MANIPULATION AMONG YOUNG ADULTS Alyssa K. Rudy Virginia Commonwealth University Follow this and additional works at: https://scholarscompass.vcu.edu/etd © The Author Downloaded from https://scholarscompass.vcu.edu/etd/5297 This Thesis is brought to you for free and open access by the Graduate School at VCU Scholars Compass. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of VCU Scholars Compass. For more information, please contact [email protected]. A SURVEY OF CANNABIS CONSUMPTION AND IMPLICATIONS OF AN EXPERIMENTAL POLICY MANIPULATION AMONG YOUNG ADULTS A thesis proposal submitted in partial fulfillment of the requirements for the degree of Master of Science at Virginia Commonwealth University. by Alyssa Rudy B.S., University of Wisconsin - Whitewater, 2014 Director: Dr. Caroline Cobb Assistant Professor Department of Psychology Virginia Commonwealth University Richmond, Virginia January, 2018 ii Acknowledgement I would like to first acknowledge Dr. Caroline Cobb for your guidance and support on this project. Thank you for allowing me to explore my passions. I am thankful for your willingness to jump into an unfamiliar area of research with me, and thank you for constantly pushing me to be a better writer, researcher, and person. I would also like to acknowledge the other members of my thesis committee, Drs. Eric Benotsch and Andrew Barnes for their support and expertise on this project. I would also like to thank my family for always supporting my desire to pursue my educational and personal goals. -
Unconstitutional Qualification of the Right to Bear Arms by the Federal Government Against Law-Abiding Medical Marijuana Patients
A STICKY SITUATION: THE UNCONSTITUTIONAL QUALIFICATION OF THE RIGHT TO BEAR ARMS BY THE FEDERAL GOVERNMENT AGAINST LAW-ABIDING MEDICAL MARIJUANA PATIENTS LUKE C. WATERS* INTRODUCTION ......................................................................................... 116 I. MEDICAL MARIJUANA LAWS ................................................................ 120 A. Comprehensive Medical Marijuana Programs ....................... 121 B. Federal Laws & Policies ........................................................ 129 1. The Ogden Memo ............................................................. 134 2. The Cole Memo ................................................................ 135 3. The Cole Recreational Memo ........................................... 137 4. The Sessions Enforcement Memo .................................... 137 5. The Rohrabacher-Farr Amendment .................................. 138 II. SECOND AMENDMENT RIGHTS ............................................................ 142 A. An Awkward Landmark Decision ......................................... 143 B. The Post-Heller Two-Step Qualification Analysis ................ 144 1. Individuals Adjudicated as Mentally-Ill ........................... 149 2. Users of Illegal Drugs ....................................................... 151 IV. UNCONSTITUTIONAL APPLICATION ................................................... 152 A. Modest Collateral Burdens: Wilson v. Lynch ......................... 153 B. Applying the Two-Step Test to Qualified Patients Appropriately -
Religious Use of Marijuana Cases
Summaries of Religious Use of Marijuana Cases Alabama regulate was conceivable, only that none had Rheuark v. State (1992) 601 So.2d 135 been proposed. Statutes prohibiting possession of marijuana and controlled substances did not violate freedom of California: religion rights of defendant claiming that he People v. Mullins (1975) 50 Cal. App 3d 61 worshipped plants as gods and used marijuana Facts: A deputy sheriff had gone to defendant's and psilocybin as religious practice. premises at night at the invitation of a man who Court compared Defendant’s argument to a past lived in a teepee on the property and who had told ruling on polygamy and quoting the cases the officer there were marijuana plants growing Reynolds v. United State 98 U.S. 145 and there. The officer took two plants as samples to Cleveland v. United States 329 U.S. 14 which in be tested and, three days later, went back to the sum says that morality is defined by statute and property with a search warrant. Defendant's Congress and not the individual’s perceptions of property is not enclosed or surrounded by a morality. Therefore because the possession of fence. From Ten Mile Creek Road there is a marijuana is unlawful, it doesn’t matter that the driveway that leads onto defendant's property. Defendant used it for religious use. There is no gate at the entrance to the property. At the entrance there is a sign reading “Universal Arizona: Life Church of Christ Light.” Defendant's wife People v. Hardesty (2009) 214 P.3d 1004 testified that on and prior to May 30, 1972, there FACTS: Hardesty was driving his van at night was a “no trespassing” sign at the entrance to the when an officer stopped him because one property; that a church known as “Universal Life headlight was out. -
Rethinking Federal Marijuana Policy by Ed Chung, Maritza Perez, and Lea Hunter May 1, 2018
Rethinking Federal Marijuana Policy By Ed Chung, Maritza Perez, and Lea Hunter May 1, 2018 For decades, the failed war on drugs has devastated communities across the United States, contributing to unprecedented rates of incarceration. The United States has nearly 25 percent of the world’s incarcerated population despite comprising less than 5 percent of the world’s total population.1 This phenomenon gained momentum in the 1970s when President Richard Nixon first declared a war on drugs and policy- makers at all levels of government added harsh criminal penalties for drug offenses, leading to explosive incarceration rates. Since then, the nation’s incarcerated popula- tion has increased sevenfold—from 300,000 people to 2.2 million people today—and 1 out of 5 people incarcerated are serving time for a drug offense.2 People of color have disproportionately felt the damaging and unnecessary consequences of these outdated tough-on-crime policies. Members of these communities have been sentenced to long terms of imprisonment as well as lifetimes of poverty and economic insecurity.3 According to the Drug Policy Alliance, drug enforcement in the United States is rooted in racial discrimination, as the first anti-drug laws were established around the turn of the 20th century and targeted Chinese immigrants, black Americans, and Mexican migrants.4 Today, between 40 percent and 50 percent of all drug arrests are for mari- juana.5 Discriminatory enforcement of marijuana laws is one reason that black and Latino Americans make up two-thirds of the U.S. prison population despite only comprising 12 percent and 17 percent of the U.S. -
Marijuana in the Workplace: Guidance for Occupational Health Professionals and Employers
ACOEM GUIDELINES Marijuana in the Workplace: Guidance for Occupational Health Professionals and Employers Joint Guidance Statement of the American Association of Occupational Health Nurses and the American College of Occupational and Environmental Medicine Jennan A. Phillips, PhD, MSN, RN, Michael G. Holland, MD, Debra D. Baldwin, NP-C, PhD, Linda Gifford Meuleveld, RN, COHN-S, CCM, CPDM, Kathryn L. Mueller, MD, MPH, Brett Perkison, MD, MPH, Mark Upfal, MD, MPH, and Marianne Dreger, MA arijuana (cannabis) is the most fre- tions require an assessment of the safety of adequate study. Other articles are also cited M quently used illicit drug of abuse in marijuana use by the American workforce. when appropriate to clarify issues that may the United States and worldwide. Moreover, Although studies have suggested that mari- not have been addressed by studies qualify- it is second only to alcohol as the most preva- juana may be used with reasonable safety in ing as evidence. lent psychoactive substance seen in cases of some controlled environments, there are po- 1,2 driving under the influence of drugs. It is tential workplace consequences involved in LEGAL IMPLICATIONS OF also by a wide margin, the drug most of- its use that warrant scrutiny and concern. ten detected in workplace drug-testing pro- The potential consequences of mari- MARIJUANA LEGISLATION grams. The primary psychoactive substance juana use in the workplace include the risk In late 2009, the US Department of in marijuana is delta-9-tetrahydrocannabinol, and associated cost of adverse events and Justice initiated a change in marijuana en- known simply as THC. -
Energy and Climate Impacts of the Marijuana Industry
Regulating Pot to Save the Polar Bear: Energy and Climate Impacts of the Marijuana Industry Gina S. Warren* I. Introduction .......................................................................... 386 II. The Trend Towards Marijuana Legalization ..................... 388 A. Global Trends in Legalization ........................................ 389 B. United States Trends in Legalization ............................ 391 i. State Trends to Legalize ............................................. 392 ii. The Federal Response to State Trends to Legalize ... 398 III. The Cultivation of Marijuana and Its Negative Impacts on Energy Usage, the Environment, and the Climate ...... 401 A. Indoor Marijuana Cultivation and Its Externalities ...... 402 B. Outdoor Marijuana Cultivation and Its Externalities .. 406 IV. Opportunities Presented by Legalization to Address Some Negative Externalities ............................................. 409 V. A New Licensing Framework to Limit Energy and Climate Impacts of Indoor Cultivation .............................. 412 A. The Externality That Ate the World ............................... 413 B. Incorporating Climate-Risk Analysis and Mandates into State Business Licensing Schemes ........................ 416 i. Colorado and Washington Licensing Schemes ............. 417 ii. Climate Risk Assessments and Energy Usage Restrictions: Some Benefits, Some Obstacles ........... 424 VI. Conclusion .......................................................................... 431 * Copyright held by author. Associate