News Medical Marijuana is no longer illegal under Federal law - Page 2

**alnorth** · 12-20-2015, 10:01 PM

This may end up in DC, but I think it is surprising, and big enough news that it may deserve a spot in the lounge. To be clear, in states where there is not medical marijuana, it is still illegal under state law, obviously. Including most midwest states where most of us live.

http://www.inquisitr.com/2645930/fed...spending-bill/

This was not widely publicized or debated, but apparently buried deep in the 2,000+ page 2016 spending bill, congress quietly banned the DEA and any other federal agents from raiding medical marijuana dispensaries in states where it is legal.

Marijuana is still illegal under federal law as a schedule I controlled substance, but this effectively ends the threat that the Feds might someday crack down on medical marijuana in states where it is legal.

**alnorth** · 12-20-2015, 10:43 PM

Quote:

Originally Posted by smellypitts

thats my understanding of medical marijuana. You cant really get stoned.
I dont care, I havent done it since 97 or there about.

LOL and I live in Oregon now...theres like a million strip clubs

If you are for real, then you are very, very wrong. Especially on the west coast, "medical marijuana" will get you really ****ing stoned.

eDave · 12-20-2015, 10:44 PM

Quote:

Originally Posted by Superbowltrashcan

Could you share with us your understanding of other things? What is your understanding of how Santa works? How about the Easter Bunny?

You've seen his football takes.

Third Eye · 12-20-2015, 10:45 PM

Quote:

Originally Posted by KCrockaholic

So one day those of us with random drug testing jobs will be able to smoke marijuana as we wish?

Weed could be completely legal tomorrow, but your company can still drug test you. It has nothing to do with legality.

eDave · 12-20-2015, 10:46 PM

Quote:

Originally Posted by Third Eye

Weed could be completely legal tomorrow, but your company can still drug test you. It has nothing to do with legality.

Yup. Can bar you from drinking today if they wanted too.

Toby Waller · 12-20-2015, 10:47 PM

Quote:

Originally Posted by Smed1065

Maybe you thinking of CBD oil.

maybe

**alnorth** · 12-20-2015, 10:50 PM

Quote:

Originally Posted by eDave

Yup. Can bar you from drinking today if they wanted too.

Most companies are not enthusiastic about testing beyond the opening screen, though. I work for a very conservative company and they definitely test before hiring.

Beyond that though.... I've been with my employer 10 years and never been tested again, which tells me they are only interested in screening out the undisciplined degenerates who can't even hold it together long enough until they have gotten the job. They are not as interested in finding out that current functionally effective hard-working employees might be on something.

eDave · 12-20-2015, 10:52 PM

Quote:

Originally Posted by alnorth

Most companies are not enthusiastic about testing beyond the opening screen, though. I work for a very conservative company and they definitely test before hiring.

Beyond that though.... I've been with my employer 10 years and never been tested again, which tells me they are only interested in screening out the undisciplined degenerates who can't even hold it together long enough until they have gotten the job. They are not as interested in finding out that current functionally effective hard-working employees might be on something.

For sure. Heck, 90% of randoms get tossed over cost. Just a scare tactic.

Pre-employment ones are legit though. I've failed one.

ChiefsCountry · 12-20-2015, 10:58 PM

Quote:

Originally Posted by Donger

Donger is investing in Taco Bell and Cheetos stocks. If you stoners can think of others, please advise. Thanks.

That's just Pepsi stock I believe. I know they own the snack food market and I think Pepsi has a stock in Taco Bell's parent company.

RobBlake · 12-20-2015, 11:15 PM

Medical marijuana is known around the west coast as being the stronger strains and will make you go stupid high. When I was a pot head that was the golden words... "I got that med weed bruh"

Hamwallet · 12-20-2015, 11:31 PM

Quote:

Originally Posted by smellypitts

thats my understanding of medical marijuana. You cant really get stoned.
I dont care, I havent done it since 97 or there about.

LOL and I live in Oregon now...theres like a million strip clubs

It most defenatly has THC. It doesn't cure cancer. What it does is keep people eating through heavy doses of chemotherapy. I've seen 2 family members deal with it. The one that smoked made it through because she kept putting away loads of food thanks to the pot. The other refused and didn't last but a few months into chemo because there body wasted away because he could keep food down for shit.

TLO · 12-20-2015, 11:33 PM

THAT'S THE DEVIL'S LETTUCE!!/HonestChiefsFan

RedDread · 12-20-2015, 11:35 PM

Quote:

Originally Posted by Donger

Donger is investing in Taco Bell and Cheetos stocks. If you stoners can think of others, please advise. Thanks.

Funyuns!

TLO · 12-20-2015, 11:39 PM

Quote:

Originally Posted by RedDread

Funyuns!

Mountain Dew is the best soda ever made.

frozenchief · 12-20-2015, 11:45 PM

As someone who does a lot of federal criminal defense cases, including more federal drug cases than I can count, I can give a legitimate legal opinion about this.

First, this is good news. Federal law is extremely onerous and any minimizing, lightening or ameliorating those effects is a positive thing.

Second, this does not make medical marijuana legal. There is no medical exception for the use, possession and distribution of marijuana on the federal level. Instead, this spending bill says at the government cannot spend any money to make a case against medical marijuana growers and providers. This does not change any statute but affects DOJ spending. Just as it was rather easy to make this change, it is easy to change it back. Further, a change in the governments spending priorities does not create a legal defense.

Let's give an example: DEA is investigating a Mexican cartel that is distributing cocaine. DEA finds out that this group is also growing mj and some is going to medical groups. DEA has not spent money to prosecute the medical providers but just found that info. They could still initiate a prosecution if they could show that all evidence came from their investigation of the cocaine distribution of the cartel. If you owned a medical marijuana facility that got mj from the cartel, you cannot use this spending bill as a defense. That is, you cannot move the court to dismiss the case because of this spending bill, nor can you tell a jury that you should be found not guilty because of the spending bill.

However, and this is the third point, buying a small amount of medical mj from a dispensary is extremely unlikely to result in federal prosecution. Unless a case involved possession on federal property, usually a federal national park, most cases involving possession of small amounts of marijuana rarely results in federal prosecution anyway. Most federal drug cases target large conspiracies. Most of my cocaine cases, for example, involve many. Many kilos of cocaine. Same with heroin. The cases I have had involving marijuana have likewise involved hundreds, if not thousands, of kilos of marijuana or have involved forfeit able assets that would generate lots of income to the government.

Fourthly, and this is important, this does not change federal law regarding the acceptability of marijuana as a medicine. This means that if you use medical marijuana and you own, possession or use firearms, you are still subject to potential prosecution under 18 USC 922. Any statement on a firearm purchase application can be analyzed for veracity. Out another way, if you use medical marijuana and you seek to purchase a firearm from someone with a federal firearms license, you will be asked if you illegaly use drugs, including marijuana. If you answer"no", you can be prosecuted for making a false statement on a federal firearms application as well as unlawful possession or purchase of a firearm. And yes, there have been such federal prosecutions.

So what will this change do? It will likely prevent continuing the forfeiture case against the Oakland medical cannabis club. It will likely prevent future prosecutions of and forfeiture actions against legitimate medical clubs unless there is some tie to cartels, crime or firearms. It will make it much safer for patients to enter a medical marijuana facility without fearing that they will be called as a witness in any federal prosecution. All in all, even with the limits of this decision, it is a step in the right direction and I anticipate seeing the day that marijuana is legal on a federal level.

However, whatever the government does has no impact upon private companies. Compare this to alcohol. Alcohol is legal on a federal level but companies are still free to govern the possession and use of alcohol by employees. Airline pilots, for example, can lose their job for showing up for work with any alcohol in their blood. While a pilots license comes through FAA, and the FAA may restrict a license, this has nothing to do with one's employment. So if you need medical marijuana for a medical condition, do not expect this decision to suddenly allow use of marijuana for jobs for which it is otherwise prohibited. If you have a condition that requires medical marijuana, I would contact HR at work to check on your company's policies. The Americans with Disabilities Act should prohibit any negative recriminations upon your work. (emphasis is on the word "should".) keep in mind this will create a record of you using medical marijuana, which could impact your ability to purchase and/or possess firearms.

Keep in mind this is a general overview of how this change in federal appropriations will affect the general federal legal investigation of medical marijuana facilities. It is not intended to be legal advice for your particular situation. Should you need legal aid advice, you should contact legal counsel in your jurisdiction.

TLO · 12-20-2015, 11:47 PM

Quote:

Originally Posted by RobBlake

Medical marijuana is known around the west coast as being the stronger strains and will make you go stupid high. When I was a pot head that was the golden words... "I got that med weed bruh"

12-20-2015, 10:01 PM
alnorth . Join Date: Dec 2002 Casino cash: $57156239	Medical Marijuana is no longer illegal under Federal law This may end up in DC, but I think it is surprising, and big enough news that it may deserve a spot in the lounge. To be clear, in states where there is not medical marijuana, it is still illegal under state law, obviously. Including most midwest states where most of us live. http://www.inquisitr.com/2645930/fed...spending-bill/ This was not widely publicized or debated, but apparently buried deep in the 2,000+ page 2016 spending bill, congress quietly banned the DEA and any other federal agents from raiding medical marijuana dispensaries in states where it is legal. Marijuana is still illegal under federal law as a schedule I controlled substance, but this effectively ends the threat that the Feds might someday crack down on medical marijuana in states where it is legal.
Posts: 36,130

12-20-2015, 11:15 PM	#24
RobBlake Banned Join Date: Aug 2013 Casino cash: $10011127	Medical marijuana is known around the west coast as being the stronger strains and will make you go stupid high. When I was a pot head that was the golden words... "I got that med weed bruh"
Posts: 7,127

12-20-2015, 11:33 PM	#26
TLO Life is changing.. Join Date: Jul 2012 Location: NW Missouri Casino cash: $-2470000	THAT'S THE DEVIL'S LETTUCE!!/HonestChiefsFan
Posts: 43,070

12-20-2015, 11:45 PM	#29
frozenchief Cynical Misanthrope Join Date: Apr 2013 Location: Alaska Casino cash: $-1630000	As someone who does a lot of federal criminal defense cases, including more federal drug cases than I can count, I can give a legitimate legal opinion about this. First, this is good news. Federal law is extremely onerous and any minimizing, lightening or ameliorating those effects is a positive thing. Second, this does not make medical marijuana legal. There is no medical exception for the use, possession and distribution of marijuana on the federal level. Instead, this spending bill says at the government cannot spend any money to make a case against medical marijuana growers and providers. This does not change any statute but affects DOJ spending. Just as it was rather easy to make this change, it is easy to change it back. Further, a change in the governments spending priorities does not create a legal defense. Let's give an example: DEA is investigating a Mexican cartel that is distributing cocaine. DEA finds out that this group is also growing mj and some is going to medical groups. DEA has not spent money to prosecute the medical providers but just found that info. They could still initiate a prosecution if they could show that all evidence came from their investigation of the cocaine distribution of the cartel. If you owned a medical marijuana facility that got mj from the cartel, you cannot use this spending bill as a defense. That is, you cannot move the court to dismiss the case because of this spending bill, nor can you tell a jury that you should be found not guilty because of the spending bill. However, and this is the third point, buying a small amount of medical mj from a dispensary is extremely unlikely to result in federal prosecution. Unless a case involved possession on federal property, usually a federal national park, most cases involving possession of small amounts of marijuana rarely results in federal prosecution anyway. Most federal drug cases target large conspiracies. Most of my cocaine cases, for example, involve many. Many kilos of cocaine. Same with heroin. The cases I have had involving marijuana have likewise involved hundreds, if not thousands, of kilos of marijuana or have involved forfeit able assets that would generate lots of income to the government. Fourthly, and this is important, this does not change federal law regarding the acceptability of marijuana as a medicine. This means that if you use medical marijuana and you own, possession or use firearms, you are still subject to potential prosecution under 18 USC 922. Any statement on a firearm purchase application can be analyzed for veracity. Out another way, if you use medical marijuana and you seek to purchase a firearm from someone with a federal firearms license, you will be asked if you illegaly use drugs, including marijuana. If you answer"no", you can be prosecuted for making a false statement on a federal firearms application as well as unlawful possession or purchase of a firearm. And yes, there have been such federal prosecutions. So what will this change do? It will likely prevent continuing the forfeiture case against the Oakland medical cannabis club. It will likely prevent future prosecutions of and forfeiture actions against legitimate medical clubs unless there is some tie to cartels, crime or firearms. It will make it much safer for patients to enter a medical marijuana facility without fearing that they will be called as a witness in any federal prosecution. All in all, even with the limits of this decision, it is a step in the right direction and I anticipate seeing the day that marijuana is legal on a federal level. However, whatever the government does has no impact upon private companies. Compare this to alcohol. Alcohol is legal on a federal level but companies are still free to govern the possession and use of alcohol by employees. Airline pilots, for example, can lose their job for showing up for work with any alcohol in their blood. While a pilots license comes through FAA, and the FAA may restrict a license, this has nothing to do with one's employment. So if you need medical marijuana for a medical condition, do not expect this decision to suddenly allow use of marijuana for jobs for which it is otherwise prohibited. If you have a condition that requires medical marijuana, I would contact HR at work to check on your company's policies. The Americans with Disabilities Act should prohibit any negative recriminations upon your work. (emphasis is on the word "should".) keep in mind this will create a record of you using medical marijuana, which could impact your ability to purchase and/or possess firearms. Keep in mind this is a general overview of how this change in federal appropriations will affect the general federal legal investigation of medical marijuana facilities. It is not intended to be legal advice for your particular situation. Should you need legal aid advice, you should contact legal counsel in your jurisdiction.
Posts: 4,337