What does the law say about marijuana

    what does the law say about marijuana

    What Does the New Marijuana Law Say?

    Federal law still considers marijuana a dangerous illegal drug with no acceptable medicinal value. In several federal cases, judges have ruled that medical marijuana cannot be used as a defense, though defense attorneys should attempt to raise the issue whenever possible during trial. May 31, The Cole Memo instructed U.S. attorneys general in states that have legalized marijuana to use their limited resources in prosecuting CSA offenses only if they violated specific federal enforcement funslovestory.comted Reading Time: 5 mins.

    Employees work to cut leaves off of marijuana plants on Monday, March 22, at UBaked, a cannabis cultvation center in Burton.

    Jake May MLive. This week, marijuana became legal in New York marijuanq. Andrew Cuomo tweeted shortly after signing the legalization bill into law on Wednesday. But is it an instant game-changer? It may depend on who you are, and what your particular interest in marijuana is. This part is instant: Possession and use of up to three ounces by anyone 21 and over became legal immediately on Wednesday. Almost every other aspect of the page, 7,line law will need time to take effect.

    Some may take months, like the expansion of the existing medical marijuana program. Others, like legal retail sales for recreational use, may take more than a year, or even two. Is about time we got xay Effective immediately: Possessing a small amount is not a crime.

    You can also store up to five pounds at home. And you can consume smoke it anywhere it is legal to smoke tobacco. But remember, it remains a mariiuana to possess large amounts very large amounts are still felonies. Still ahead: Growing your own. In previous attempts to legalize marijuana, Cuomo had opposed allowing New Yorkers to grow their own unless they qualified for medical use. That changed this year. Under the new law, adults can cultivate up to six plants, three mature and three immatureor 12 six and six for a household with more than one adult.

    Mqrijuana state still must write specific regulations for home-growing. Legal home cultivation could begin within six months after how to paint roses on cakes rules take effect for medical users and up to 18 months for recreational users. For legal marijuana advocates, like Gary Colmey of Rome, home-growing is the key. Waiting for it: When and where can you buy it? Yes, you can possess small amounts of marijuana.

    But how to convert access database to sql server are you going to get it? That is a conundrum. Home-growing wyat above may not be a legal option for months or even a year. It will take at least a year for the state to set up the new mechanism for regulating marijuana see belowwrite the rules, seek retail vendors and issue licenses, according to experts.

    Once all that is done, there could be as many as 1, retail outlets across the state where you can buy your legal weed. The law also provides for eventual home delivery and lounges where people could gather to use marijuana.

    All that means you can possess it now, but at this point you have no legal way of obtaining it. Opting out: Marijuaja sales might not be allowed everywhere. The new law covering possession and use applies statewide. Communities will have until the end of to choose to opt out, but residents may be able to overturn those decisions through a referendum.

    It could create a checkerboard across the state, where marijuana what are the four basic types of periodicals may be legal in one town and illegal in the next town over.

    That is also the case in some of the states dofs already have legal marijuana. Setting the rules: The Office of Cannabis Management. As noted above, the big delay in rolling out legal marijuana as a business is the need to whzt the specific rules governing it. And that requires the creation of a whole new bureaucratic agency.

    It will have its own board, appointed by the governor and the Legislature. Then it will need to hire staff, write the marijuana rules, issue licenses etc.

    Taxes: Yes, there are taxes. Once marijuana sales are legal, of course, they can be taxed. And in New York, they will. In addition marijuana distributors be taxed 0. Cynics might say this is the real reason state lawmakers and the governor wanted to legalize marijuana. Many of the lawmakers who pushed for legal marijuana, along with Cuomo, say their major motivation is to reverse and even make up for what they argue has been the unjust way that criminalizing weed has affected minority communities.

    The new law addresses that in several ways:. That includes a a community reinvestment fund, public schools, drug treatment facilities and public education programs. There will also be protections against discrimination in housing, education, and parental rights for those who use marijuana or work in the industry.

    Peoples-Stokes of Buffalo said during the debate on the marijuana bill. Law sya issues. The new law creates new scenarios for police. One of the major changes in the law is that it prohibits officers from using the smell of marijuana to justify a search of suspects.

    Another concern that lawmakers wrestled with during debate over the bill is how to deal with impaired drivers.

    In the end, they kept driving while under the influence of marijuana as a misdemeanor, rather than lowering it to a violation. But law enforcement officials have said they are worried about how officers will be able to enforce it.

    Unlike alcohol, there is no equivalent to a breathalyzer for marijuana. What does the law say about marijuana new law provides money to train police in drug recognition, and there will be state-led efforts to develop technology for detecting marijuana-impaired driving.

    The business of cannabis. Some of that activity is going to be especially good for Upstate New York business. Farms that grow cannabis, along with many of the new processing facilities, are and will continue to be located Upstate. Certain other provisions will help spur the local economy, said Kaelan Castetter, a partner in Empire Standard, what goes with lamb chops recipes Binghamton-based hemp grower and processor.

    Currently, New York is home to about cannabis growers. How to fix a cross pen legalization gives those businesses, and more to come, a chance to cash how to be a creeper on an even bigger industry, Castetter said.

    Don Cazentre writes for NYup. Reach him at dcazentre nyup. Note to readers: if you purchase something through one of our affiliate links we may earn a commission. All rights reserved About Us. The material on this site may not be reproduced, distributed, transmitted, abput or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. Ad Choices.

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    Okay, so youre saying its legal for adults over 21 to smoke marijuana in public?

    2 days ago What does the law say about marijuana in cars and vehicles? Its complicated. Basically, there are still several offenses in the new law that allow police to stop and arrest you. Bottom line: Never use marijuana in a car or vehicle. Its illegal whether youre the driver or a passenger. Apr 08, RICHMOND Personal possession and cultivation of marijuana will be legal in Virginia starting July 1, after the General Assembly voted to pass amendments to this years marijuana legalization bill. Starting in July, individuals can legally possess up to an ounce of marijuana in the Commonwealth. Households can also grow up to four marijuana plants, under the amendments . Dec 12, A person under 21 cannot possess, consume, or cultivate marijuana. You cannot transfer marijuana to a person under No marijuana consumption in public unless there is a designated smoking area for people over No butane extraction of plant resin.

    With the Trump Administration sending mixed signals on legal cannabis, and with Congress beginning to ramp up efforts for reform, in order for industry stakeholders to best understand where we are headed, it will be helpful to remember how we got here.

    His Controlled Substances Act of CSA made it a federal crime for anyone to use or possess any amount of marijuana anywhere in the U. Current federal cannabis policy , on the other hand, complicates the matter, and can be traced back to a memorandum issued in by then-Deputy Attorney General James M. The Cole Memo instructed U. The highest of these priorities include diverting legal marijuana business revenues to illegal drug operations, transporting marijuana over state lines, making marijuana accessible to minors, and growing marijuana on federal lands.

    The problem is that the Cole Memo is only a policy, it is not law; and so not only can the current administration unilaterally change it whenever it wants, but state-legal cannabis businesses, their employees and customers are breaking federal law every single day!

    This is a very unusual situation to be in for both the states and the feds, and it raises two basic constitutional questions: What gives the feds the right to make cannabis illegal everywhere in the U. And how can states simply defy the prohibition? The first question was in fact answered by the U. Supreme Court in when two California women Diane Monson and Angel Raich , both with very serious illnesses, sued the federal government for confiscating their state-legal medical cannabis.

    Diane and Angel argued that the Commerce Clause only gives the feds the authority over inter state commerce; and since their cannabis was grown by themselves, used by themselves, never bought or sold, or transported out of the state, it was therefore wholly intra state cannabis and had nothing at all to do with inter state commerce. The Court sided with the feds, ruling that even though the cannabis was intra state, when you take all intra state cannabis activity like that and add it together, it will have a substantial impact on the inter state cannabis market.

    Although there is still much debate over this ruling, it remains the law of the land to this day. Fast forward to The states of Nebraska and Oklahoma sued Colorado claiming that by legalizing marijuana, Colorado was violating federal law under the CSA. In response Colorado took a very interesting position that built on the hard realities of the cannabis market. It is best to explain it in four parts. First, they cited the fact that the federal government lacked the resources to enforce the CSA, a claim which the feds have admitted to themselves.

    If the feds want to make it a federal crime, that is one thing; but that does not mean CO must make it a state crime as well. Third, Colorado said that by regulating cannabis as extensively and strictly as they have done, they are reducing the amount of cannabis activity compared to not regulating it at all. Taken together, this means that because Colorado does not have to criminalize cannabis, and because the federal government cannot enforce their own criminalization, then Colorado is actually helping out the feds by regulating the drug instead of allowing for a free-for-all under state law.

    In March of the Supreme Court declined to hear the case in full or issue an opinion, which had the effect of giving a default victory to Colorado. Because it was only a default victory, the constitutional status of the legal cannabis industry remains on unprecedented and unstable ground.

    The Controlled Substances Act has not yet been found to preempt state law, so cannabis businesses are still able to operate legally in their state. The confusion that this presents has put cannabis businesses in many difficult situations, and it serves as the legal backdrop for such familiar problems as access to banking and contract enforcement.

    Currently, legislative and judicial fixes are in motion. Related cannabis litigation is pending in federal court at the 10 th Circuit Court of Appeals in Denver. And a Cannabis Caucus has formed in the U. Congress to address the shortcomings of the CSA. In the coming articles we will explore both of these routes to reform, the likelihoods of various possible outcomes, and the impact they will have on the legal cannabis industry.

    Good commentary and analysis. Here in Canada, , an epileptic patient argued that cannabis controlled his seizures and that the government must apply his rights. He won in both lower courts.

    The government declined to appeal thus creating a situation where the Feds Health Canada was forced into the Medical Marihuana Access Regulations. This was widely used across Canada. Fast forward to , Canada has legalized cannabis for all purposes.

    Health Canada, as much as possible, has restricted legalization. Under the regulations, Licensed Producers are prohibited from free market access, production of specific products and taxation. Quality and price dominate consumer preferences. Your email address will not be published. Other Innovative Publishing Co. Join the Cannabis Industry Journal community and stay engaged the way you want to!

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    This means that every time you visit this website you will need to enable or disable cookies again. Skip to main content. Menu Skip to content. Cole Photo: Shane T. McCoy This is a very unusual situation to be in for both the states and the feds, and it raises two basic constitutional questions: What gives the feds the right to make cannabis illegal everywhere in the U. The Congressional Cannabis Caucus Announced In March of the Supreme Court declined to hear the case in full or issue an opinion, which had the effect of giving a default victory to Colorado.

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