Medical Marijuana is no longer illegal under Federal law

[alnorth]

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.

[Toby Waller]

Originally Posted by RedDread

Funyuns!

cut the roof of my mouth lol

[RobBlake]

Originally Posted by Li'l Smokey

daddy loves the pain

[splatbass]

Originally Posted by KCrockaholic

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

I don't think so. Companies will still be free to tell you that you can't smoke it if you work for them. And most still will.

[kysirsoze]

Originally Posted by splatbass

I don't think so. Companies will still be free to tell you that you can't smoke it if you work for them. And most still will.

I don't know. If it's a prescribed medication I could see there being some issues there.

[CoMoChief]

Originally Posted by smellypitts

medical marijuana has no thc in it anyway

Jack Daniels has 0% alcohol in it as well.

[splatbass]

Originally Posted by frozenchief

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.

Since this is part of a bill that only lasts a year does that provision also expire at that time? Do they have to keep putting it in the spending bills every year?

[frozenchief]

Originally Posted by splatbass

Since this is part of a bill that only lasts a year does that provision also expire at that time? Do they have to keep putting it in the spending bills every year?

Yes.

[frozenchief]

Originally Posted by kysirsoze

I don't know. If it's a prescribed medication I could see there being some issues there.

You could argue some Americans with disabilities Act issues but if thy can show why it's detrimental to the job, you'd lose out. So you couldn't do it as an airplane pilot of some other job where you needed to be in complete control of your faculties. This would pretty much mean any job where you operate heavy equipment. That is just a minimum.

A doctor can prescribe medication and you can still lose your job if either the medication or the underlying medical condition would mean you cannot perform your job. It is really a case by case basis but do not expect to keep being a train engineer if you have a physical condition that requires medical marijuana. Now, I don't do employment law so maybe because of the union contract they would have to offer you a desk job that did not require operating a train. That answer is dependent upon the contract but as an attorney, I would start there and then look to see if your job provided an exception or if the contract required another remedy.

[Coochie liquor]

Originally Posted by Superbowltrashcan

Could you share with us your understanding of other things? What is your understanding of how Santa works?

[BlackHelicopters]

Originally Posted by smellypitts

medical marijuana has no thc in it anyway

???????????

[Marcellus]

Originally Posted by KCrockaholic

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

Just because its legal doesn't mean your job will allow it.

[BigMeatballDave]

Originally Posted by smellypitts

medical marijuana has no thc in it anyway

False. Most does have lower amounts but also medical marijuana has higher levels of CBD.

[BigMeatballDave]

Originally Posted by Marcellus

Just because its legal doesn't mean your job will allow it.

Exactly. Just like some employers don't want you to use Alcohol and tobacco.

[Katipan]

It's the same weed guys. Same seed banks, same grow ops. I literally just walk to the other side of the room.

Super high CBD strains are sold recreationally and super shit dirt weed is still sold medically.

Luck of the harvest.

[KCUnited]

Random question. When prescribed medical marijuana, does the strain come with the prescription or can you walk in and get whatever you want?