Trump Says He Can Ignore Medical Marijuana Protections Passed By Congress

President Trump Signs VA Accountability Act

December 21, 2019

Tom Angell

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In a statement attached to a large-scale funding bill he signed into law on Friday, President Trump said in effect that he reserves the right to ignore a congressionally approved provision that seeks to protect state medical marijuana laws from federal interference.

Division B, section 531 of the Act provides that the Department of Justice may not use any funds made available under this Act to prevent implementation of medical marijuana laws by various States and territories,” Trump wrote in a signing statement. “My Administration will treat this provision consistent with the President’s constitutional responsibility to faithfully execute the laws of the United States.”

Although the vague language doesn’t directly say he plans to ignore Congress’s will to block Justice Department prosecution of medical cannabis patients and providers, presidents typically use signing statements such as this one to flag provisions of laws they are enacting which they believe could impede on their executive authorities. By calling out the medical marijuana rider, Trump is making clear that his administration believes it can broadly enforce federal drug laws against people complying with state medical marijuana laws even though Congress told him not to.

But it doesn’t necessarily mean that a crackdown is on the way.

The administration hasn’t carried out any major enforcement activities against state-legal marijuana businesses since taking office, in accordance with Trump’s campaign pledges that he would respect the right of states to enact their own cannabis laws without federal interference. That also goes for recreational policies and businesses that aren’t even covered under the congressionally adopted rider, which has been part of federal law since 2014.

It is the third time Trump has said in a signing statement that his administration doesn’t necessarily have to abide by the medical marijuana provision. He included similar language when signing off on annual appropriations bills last year and in 2017, though he did not do so in 2018.

In August, the president reiterated his support for letting states legalize cannabis without federal interference.

“It’s a very big subject and right now we are allowing states to make that decision,” Trump said. “A lot of states are making that decision, but we’re allowing states to make that decision.”

Last year, when asked about separate pending congressional legislation that would more broadly exempt state-legal marijuana activity from the federal Controlled Substances Act, he said he “really” supports the bill.

Given the president’s consistently voiced support for respecting state cannabis laws, it’s not clear why he has gone out of his way to reserve his right to ignore the medical marijuana rider on a near-annual basis.

Among the handful of other provisions Trump singled out in his new signing statement are ones dealing with the closing the detention facility at Guantanamo Bay, restrictions on diplomatic activities and the dissemination of information that may be protected by executive privilege.

The Fiscal Year 2020 funding bill that Trump signed into law on Friday does not contain a broader rider seeking to shield all state marijuana laws—including those that allow recreational use and sales—that had been approved by the House of Representatives earlier this year. It, along with another provision that would have protected banks that serve state-legal cannabis businesses from federal punishment, was dropped from the final legislation in bicameral negotiations with the Senate.

Congressional leaders did include several cannabis-related provisions in a report attached to the legislation, though, such as language directing the Food and Drug Administration to formulate a policy of enforcement discretion for CBD products and requiring the National Institute on Drug Abuse to compile a report on the barriers that the Schedule I status of drugs including marijuana places in front of scientific research.

CONTINUE READING…

RELATED:

https://www.whitehouse.gov/briefings-statements/statement-by-the-president-33/?utm_source=link&utm_medium=header

https://kentuckymarijuanaparty.com/2014/01/02/on-legalization-when-the-u-n-comes-a-marching-along-we-will-all-be-singing-a-brand-new-song/

https://kentuckymarijuanaparty.com/2014/10/15/lets-talk-about-corporate-cannabis/

https://kentuckymarijuanaparty.com/2015/05/08/and-all-the-green-fields-will-runneth-red-with-blood/

https://kentuckymarijuanaparty.com/2015/07/09/conflicting-federal-laws-beg-to-differ-on-marijuana-enforcement/

https://kentuckymarijuanaparty.com/2015/10/26/rights-and-freedoms-may-in-no-case-be-exercised-contrary-to-purposes-and-principles-of-the-united-nations-how-the-united-nations-is-stealing-our-unalienable-rights-to-grow/

DEA Data Show Kentucky Has Highest Rate of Illicit Marijuana Plants in US

Monday, Nov. 11, 2019 | Author: ProCon.org

Kentucky, where both recreational and medical marijuana are illegal, grows more illicit marijuana plants per 100,000 people than any other state, according to DEA data analyzed by American Addiction Centers. In 2018, the US Drug Enforcement Administration (DEA) eradicated 418,076 cannabis plants in Kentucky, about 9,356 plants per 100,000 people.
California, which legalized medical marijuana in 1996 and recreational marijuana in 2016, came in second place with 4,572 illegal cannabis plants per 100,000 people. The DEA confiscated over 1.8 million marijuana plants in the state last year.
Massachusetts and Wyoming tied for last place with zero cultivated plants seized by the DEA in 2018. Wyoming has not legalized marijuana, but Massachusetts legalized medical marijuana in 2012 and adult-use (also called recreational) cannabis in 2016.
Across the United States, the DEA seized 2.82 million cannabis plants in 2018, down from 3.38 million plants in 2017.
Kentucky also earned first place in the number of destroyed illegal grow sites in the country. 15 grow sites per 100,000 people were destroyed in Kentucky, more than double the next-highest state, West Virginia (7.4 per 100,000 people). West Virginia legalized medical marijuana in 2017 but has not legalized recreational use.
Delaware, DC, Maine, Massachusetts, Minnesota, North Dakota, Pennsylvania, Rhode Island, South Dakota, Vermont, and Wyoming all had zero grow sites destroyed per 100,000 people. Except Wyoming, each of those states and DC have legalized medical marijuana, and 3 states and DC have legalized recreational use: Maine, Massachusetts, and Vermont.
Despite not having any plants seized, Wyoming bulk-processed the most marijuana at 1,095 pounds per 100,000 people, 46.8% more than the next highest state, Arizona, which had 746 pounds per 100,000 people. Arizona legalized medical marijuana in 2010. American Addiction Centers theorized that the marijuana being bulk-processed in Wyoming might come from nearby states that have legalized marijuana, such as Colorado.
Delaware, DC, Illinois, Maine, Minnesota, North Dakota, Rhode Island, South Dakota, Tennessee, and Vermont bulk-process the least amount of marijuana (0 pounds per 100,000 people). Among those states, only South Dakota and Tennessee have not legalized marijuana for medical use. Three of those states and DC also have recreational marijuana: Illinois, Maine, and Vermont.
The DEA’s Domestic Cannabis Eradication/Suppression Program seized $52,308,982 in assets related to illicit cannabis plants last year.
33 states and DC have legal medical marijuana, and 11 states and DC have legal recreational marijuana.
Read what the 2020 candidates think about recreational marijuana legalization on our 2020 election site.

PLEASE CONTINUE READING…

DEA Announces Steps Necessary to Improve Access to Marijuana Research

temporary

FOR IMMEDIATE RELEASE

Monday, August 26, 2019

DEA Announces Steps Necessary to Improve Access to Marijuana Research

The Drug Enforcement Administration today announced that it is moving forward to facilitate and expand scientific and medical research for marijuana in the United States. The DEA is providing notice of pending applications from entities applying to be registered to manufacture marijuana for researchers. DEA anticipates that registering additional qualified marijuana growers will increase the variety of marijuana available for these purposes.

Over the last two years, the total number of individuals registered by DEA to conduct research with marijuana, marijuana extracts, derivatives and delta-9-tetrahydrocannabinol (THC) has increased by more than 40 percent from 384 in January 2017 to 542 in January 2019. Similarly, in the last two years, DEA has more than doubled the production quota for marijuana each year based on increased usage projections for federally approved research projects.

“I am pleased that DEA is moving forward with its review of applications for those who seek to grow marijuana legally to support research,” said Attorney General William P. Barr.  “The Department of Justice will continue to work with our colleagues at the Department of Health and Human Services and across the Administration to improve research opportunities wherever we can.”

“DEA is making progress in the program to register additional marijuana growers for federally authorized research, and will work with other relevant federal agencies to expedite the necessary next steps,” said DEA Acting Administrator Uttam Dhillon.  “We support additional research into marijuana and its components, and we believe registering more growers will result in researchers having access to a wider variety for study.”

This notice also announces that, as the result of a recent amendment to federal law, certain forms of cannabis no longer require DEA registration to grow or manufacture. The Agriculture Improvement Act of 2018, which was signed into law on Dec. 20, 2018, changed the definition of marijuana to exclude “hemp”—plant material that contains 0.3 percent or less delta-9 THC on a dry weight basis. Accordingly, hemp, including hemp plants and cannabidiol (CBD) preparations at or below the 0.3 percent delta-9 THC threshold, is not a controlled substance, and a DEA registration is not required to grow or research it.

Before making decisions on these pending applications, DEA intends to propose new regulations that will govern the marijuana growers program for scientific and medical research. The new rules will help ensure DEA can evaluate the applications under the applicable legal standard and conform the program to relevant laws. To ensure transparency and public participation, this process will provide applicants and the general public with an opportunity to comment on the regulations that should govern the program of growing marijuana for scientific and medical research.

The Notice of Application is available here: https://www.federalregister.gov/public-inspection/current.

Component(s):

Drug Enforcement Administration (DEA)

Office of the Attorney General

Press Release Number:

19-895

Updated August 26, 2019

SOURCE LINK

What Is Legal and What Is Not??? “I was arrested for multiple felonies…in KNOX County Tennessee for possessing Industrial Hemp”

Pure Spectrum Video

Please view video above.

Following the passing of the 2014 Farm bill, the Kentucky Department of Agriculture launched the Industrial Hemp Research Program that would allow farmers and processors to begin the development of an industry. LINK

There has been some disconcerting news showing up on social      media in the past few days.  It seems the DEA may be trying to push buttons…

They picked the right words for it, “Hemp Research” Bill, because that is exactly what they have been doing since the research       started…using our Farmer’s to start an industry that they damn well knew they would not let them keep for very long.  The idea is to let the Farmer’s do the work for the start-up so that they think that they are accomplishing a great feat, (which they are), and then yank it right out from under them via the DEA and hand it over to the Pharmaceutical Conglomerates where they can make big money by controlling our access to the Cannabis plant.

The fact is that it was not “Marijuana” that they were worried about infiltrating the Nation, it was controlling the Hemp and now the CBD.  Marijuana is just the control button so to speak.

It all comes back around to the NWO and Agenda 21 to control the masses.  (If you control the food – and medicine, you control the people).  But first they want to make sure that everyone wants and/or needs what they are going to take control of.  Once the market starts to bloom, it’s time to take it back.

I first noticed a problem about two months ago when Stripe discontinued merchant services for the U.S. Marijuana Party, stating it was a prohibited business.  I sell nothing but T-Shirts, lol.  I went to my bank and asked them about it and sure enough, they weren’t accepting any “marijuana related” business either.  So, I have no way to sell T-Shirts Laughing out loud online at this time. Unless I want an offshore bank          account!

On July 18th, Brady Bell broke the news that USPS was, as of the 17th “…ceasing all shipping of hemp/CBD products. The inspector said they are going to start confiscating any products that violate their stance…”

PureSpectrum-BradyBell

PureSpectrum-BradyBell2

And so it begins…

Jaime Rothensteinenheimer is feeling heartbroken

I was arrested for multiple felonies at 1pm Wednesday July 18, 2018 in KNOX County Tennessee for possessing Industrial Hemp. My charges are Possession of Sched 6 drugs with Intent to Deliver (marijuana). The COA and 3rd Party Lab Reports were with the hemp products. I was forced to sleep on the porch of a Fireplace Store in Sevierville, TN until the impound opened to retrieve my vehicle. I am being arraigned tomorrow morning at 10am in Knox County Courthouse for Multiple felony charges.

On Wednesday July 18, 2018 at 11am the DEA raided my suppliers warehouses in SC and FL, took controlled samples for testing and went about their business. No charges yet .  On Friday July 20,2018 the Atlantic Beach Police Dept had me sign a form to allow the Search of my business, Terp Market and Lounge, due to the City Commission claiming that “nefarious” characters were coming and going. I complied and the detectives were very polite. It still grinds my gears that we are doing positive things in the community and are getting treated like criminals over a PLANT.     LINK  

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From Brady Bell, of Pure Spectrum CBD, Colorado…

As an industry we have to take a stand. I now know why this is happening. GW Pharmaceuticals are the reason behind this with their lobbying efforts. It’s time the industry takes a stand and we file a class action lawsuit on GW Pharmaceuticals. I have the plan in motion. I will be reaching out to owners and anyone else that wants to join the battle. Feel free to email me, Brady@purespectrumcbd.com. We have the legal team and direction. The rest will require unity. LINK

EVERYONE in the CANNABIS business, whether legal or not, whether it is Hemp or Marijuana/Cannabis that you sell, or USE for medicine or recreationally,  should pay very close attention to what is happening right now.  The quality of Our lives  very much depends upon what happens with Cannabis.

Hemp almost legal as Big Pharma moves in on CBD

Please read the above linked article.

On my end, I am concerned about the control of Cannabis/Hemp and  the regulations which will follow legalization and what it means to the prison industrial complex.  I am concerned about the right to grow a Cannabis plant in my yard and use it personally for medicine and pleasure.  I am concerned about all the children and other people who were so wrongly denied the Cannabis plant since 1937 and before, who so badly needed it as a medication, which was ALREADY IN THE PHARMACOPEIA IN 1900’S, but that the Government pulled out from under them in the name of commerce. 

DEA guidance is clear: Cannabidiol is illegal and always has been

Cannabis, Hemp, Marijuana are all born from the same species.  Don’t let them divide us!

NEVER say legalize!  ALWAYS push for REPEAL of the CANNABIS Plant as a “whole”… 

When it is freed to the People of this Country, and it is no longer a crime to possess or grow on our own property, or use in our own homes, and the Hemp Farmers are free to grow and sell their Hemp plants AND products, then it can be produced by the          Pharma’s as a medication and THEIR products can be labeled as “CONTROLLED SUBSTANCES”!

Until then, Pharma should not be allowed to profit, or produce, any Cannabis medications!

smk

The Kentucky Department of Agriculture (KDA) is conducting an Industrial Hemp Research Pilot Program as authorized by KRS 260.850-260.869, and 7 U.S.C.§ 5940 (also known as Section 7606 of the 2014 Farm Bill).  Industrial hemp plants, leaf, floral materials, and viable seed materials remain a Schedule I Controlled Substance under state and federal law; no person can grow, handle, broker, or process industrial hemp in Kentucky without a license issued by the KDA. For more information on applications, please visit the Applications for the Hemp Program page.  Industrial Hemp is a Controlled Substance and requires a KDA License to Grow, Handle, Process, or Market LINK


Legislative Research: KY SB50 | 2017 | Regular Session

Hemp in Kentucky

Marijuana to Stay A Schedule I Drug, Federal Judge Denies Reclassification

Image result for alexis bortell

By Anushree Madappa On 02/27/18

On Monday, a federal judge of the U.S. District Court for the Southern District of New York dismissed a request to reclassify marijuana — currently a Schedule I drug, leaving the plaintiffs in a limbo after many states have legalized marijuana for medical and recreational purposes.

The plaintiffs — Marvin Washington, Dean Bartell, Alexis Bartell, Jose Belen, Sebastien Cotte, Jagger Cotte, along with the Cannabis Cultural Association Inc. — filed the petition challenging classification of marijuana as a Schedule I drug, hoping that it’s reclassification would pay way for legalization of cannabis across the nation. They sued Attorney General Jeff Sessions, the Department of Justice and the Drug Enforcement Administration (DEA) in the federal court.

They petitioners claimed that the “current scheduling of marijuana violates due process because it lacks a rational basis.”

For decades, Marijuana has been under the Schedule I category of the Controlled Substances Act, the highest level of drug classification making it on par with dangerous drugs like heroin. The government has repeatedly rejected appeals for reclassification. The substances in this schedule have “a high potential for abuse,” (2) “no currently accepted medical use in treatment in the United States,” and (3) there is “a lack of accepted safety for use of the drug or other substance under medical supervision.”

Deeming marijuana as a highly dangerous drug, the U.S. Congress proffered the power to reclassify the drug with the attorney general. The power to reclassify was also granted to the Drug Enforcement Agency (DEA), provided the attorney general signs off on the petition to reclassify the drug based on medical and scientific data provided by the Department of Health and Human Services (HHS). The data should be consistent with the argument for reclassification.

While dismissing the petition, which argued that there was no “rational basis” for the Congress to classify Marijuana under Schedule I, Judge Alkin K Hellerstein said, “By framing their claim in terms of the statutory factors outlined in Section 8 l 2(b) (1), plaintiffs’ lawsuit is best understood as a collateral attack on the various administrative determinations not to reclassify marijuana into a different drug schedule.”

“As such, plaintiffs’ claim is barred because plaintiffs failed to exhaust their administrative remedies,” he added.

The “exhaustion rule” generally implies the plaintiffs to go through all parties and exhaust all “administrative remedies” before moving to the federal courts, which the judge found was not followed in the case.

By approaching the federal court, the petitioners chose to avoid the same fate dealt to previous complaints that challenged the administration agency and lost in 2016, the judge said.

In 2016, a request to reclassify marijuana was denied by the DEA. In a letter to the petitioners, the agency said, “HHS concluded that marijuana has a high potential for abuse, has no accepted medical use in the United States, and lacks an acceptable level of safety for use even under medical supervision.”

The federal court judge said he agrees with the previous verdict given by Judge Wolford of the Western District of New York in the United States v. Green case where he said the petition did not challenge the DEA’s decision “to conclude that there is no currently accepted medical use for marijuana” but the constitutional issue is “whether there is any conceivable basis to support the placement of marijuana on the most stringent schedule under the [Controlled Substance Act] CSA.”

In a document stating the verdict, Hellerstein said, “Plaintiffs have failed to state a claim under any constitutional theory, all of plaintiffs’ remaining claims are also dismissed.”

The judge concluded that the “defendants’ motion to dismiss the complaint is granted. Plaintiffs have already amended their complaint once, and I find that further amendments would be futile.”

CONTINUE READING…

RELATED:

Alexis Bortell, 12, Won’t Let Court Loss Stop Jeff Sessions Medical Pot Fight  (1-27-18)

Last year, then-eleven-year-old Colorado resident and medical marijuana patient Alexis Bortell joined other plaintiffs in a lawsuit against pot-hating Attorney General Jeff Sessions over federal scheduling of cannabis. Yesterday, February 26, a judge with the U.S. District Court for the Southern District of New York dismissed the suit, but Bortell, now twelve, wasn’t distressed. Shortly after the news went public, a post appeared on her Facebook page reading, “We were ready. Smile. We know #SCOTUS [Supreme Court of the United States] is where we are probably going.”   LINK

The note ended with the hashtags #IStandWithAlexis and #AlexisBortell.

http://floridamarijuana.net/breaking-news-jeff-sessions-dea-stand-trial-federal-lawsuit-de-schedule-cannabis/

Trump Administration Battles Sick Kids on Access to Legal Pot

By Erik Larson February 14, 2018, 3:56 PM CST

In a New York courtroom packed with cannabis supporters, the Trump administration urged a federal judge to throw out a lawsuit that aims to pave the way for legal marijuana across the country.

The case was brought on behalf of two sick children, a former National Football League player who says athletes deserve a better way to treat head trauma than addictive opioids and the Cannabis Cultural Association. The suit, filed in July 2017, seeks a ruling that marijuana was unconstitutionally labeled alongside heroin and LSD as a so-called Schedule I drug — the harshest of five government ratings — when Congress passed the Controlled Substance Act in 1970.

In court on Wednesday, Justice Department attorney Samuel Hilliard Dolinger said the plaintiffs didn’t follow legal requirements before suing, beginning with a petition to the Drug Enforcement Agency.

“The right thing is to defer to the agency,” said U.S. District Judge Alvin Hellerstein, an 84-year-old who was nominated by former President Bill Clinton, who famously admitted to experimenting with pot while claiming he “didn’t inhale.”

Cannabis legalization has gained momentum in states, even with an unfriendly face in the U.S. Attorney General’s office. Nine states and Washington, D.C., allow adults to use the plant as they wish. More than one in five people can legally eat, drink, smoke or vape, according to state regulations. Twenty additional states have legalized pot for medicinal use.

Trump Interrupts Marijuana’s Path From Taboo to Legit: QuickTake

Hellerstein said he would issue a ruling later, and it was far from clear which way he was leaning. The judge, who had the courtroom erupting in laughter on more than a few occasions during the hearing, was skeptical of the government’s claim that there’s no medical benefit to marijuana.

“Your clients are living proof of the medical effectiveness of marijuana,” Hellerstein said to the plaintiffs’ lawyer, Michael Hiller.

The legal cannabis industry is predicted to reach $50 billion in sales by 2026, up from $6 billion in 2016, according to investment bank Cowen & Co. Still, the industry is rife with risk. Attorney General Jeff Sessions rescinded in January the Obama-era policies that ushered in legalization in many states.

The lawsuit has some star power with plaintiff Marvin Washington, who played for the New York Jets. He joined the case because the Controlled Substance Act made him ineligible for grants under the Federal Minority Business Enterprise program, which he planned to use for his medicinal cannabis business.

The suit also highlighted the human toll of the federal government’s war on marijuana with young plaintiffs whose lives have been saved or improved by cannabis, including 11-year-old Alexis Bortell of Colorado and seven-year old Jagger Cotte of Georgia.

Bortell’s epileptic seizures were brought under control by cannabis after her family moved from Texas to Colorado so she could legally use it in that state, according to the suit. Cotte, who suffers from Leigh’s Disease, was able to treat excruciating pain with medicinal marijuana and prolong his life by two years beyond his maximum prognosis, according to the suit.

The complaint notes that American presidents from George Washington and Thomas Jefferson to John F. Kennedy and Barack Obama have smoked pot. It also claims the Nixon administration was motivated by ulterior motives when it pushed for the Controlled Substance Act.

Cannabis was criminalized “not to control the spread of a dangerous drug, but rather to suppress the rights and interests of those whom the Nixon Administration wrongly regarded as hostile to the interests of the U.S. — African Americans and protesters of the Vietnam War,” the suit says.

At the hearing, Hellerstein said that argument wasn’t going to work with him.

The decision “will not depend on what may have been in the mind of Richard Nixon at the time,” Hellerstein said.

— With assistance by Jennifer Kaplan

CONTINUE READING…

Court hears challenge to federal marijuana laws

Trial begins for advocates suing Sessions and the DEA over …

ALEXIS BORTELL V. JEFF SESSIONS; FEBRUARY 14, 2018 AT 11:00AM.

Image may contain: 1 person, smiling, outdoor
Why risk everything in court instead of moving to Vancouver without a fight? This. This is medical cannabis. This is us. I am one of millions of faces not ‘the one face’. In two days they have to listen to ALL of us. I will go to the Supreme Court if I have to. #IStandWithAlexis . #AlexisBortell
Alexis Bortell

56 mins ·

Hearing is now moved up to 11 a.m. tomorrow. Please let everyone know. Thanks!

#IStandWithAlexis

Alexis Bortell

July 25, 2017 ·

JEFF SESSIONS SUED IN LANDMARK LAWSUIT CHALLENGING THE CONSTITUTIONALITY OF THE CONTROLLED SUBSTANCES ACT

“Beleaguered” Attorney General Jeff Sessions was named a defendant today in a federal lawsuit challenging the constitutionality of the Controlled Substances Act as it pertains to Cannabis/Marijuana. In a 90-page Complaint, attorneys representing five plaintiffs maintain that the CSA, in classifying Cannabis as a “Schedule I drug,” is so irrational that it violates the U.S. Constitution.

In their Complaint, plaintiffs demonstrate that the Federal Government does not, and could not possibly, believe that Cannabis meets the definition of a Schedule I drug, which is reserved for the most dangerous of substances, such as heroin, LSD and mescaline. By way of comparison, cocaine and crystal meth are considered Schedule II drugs and are thus considered less addictive and less dangerous.

To be classified under Schedule I, a drug: (i) must have a high potential for abuse; (ii) must have absolutely no medical use in treatment; and (iii) cannot be used or tested safely, even under strict medical supervision. The plaintiffs point out that the Federal Government knows that Cannabis does not meet these requirements, especially given that, among other things, the Federal Government: (a) obtained its own medical patent based upon the Federal Government’s assertion that medical Cannabis is a safe and effective treatment for Alzheimer’s Disease, Parkinson’s Disease, and HIV-induced dementia (among other conditions); (b) established a national policy to refrain from investigating and/or prosecuting medical Cannabis businesses and users in the 29 States and three other areas under American jurisdiction (including Washington, DC) that have legalized Cannabis for medical and/or recreational use; (c) provided instructions, through issuance of the FinCen Guidance, on how financial institutions can bank Cannabis business; and (d) admitted that Cannabis does constitute medicine, including through statements by the U.S. Surgeon General and a Federal Administrative Law Judge.

“The record makes clear that the CSA doesn’t make any rational sense, and the Federal Government knows it,” says Michael Hiller, lead counsel in the case. Hiller went on to explain that, “if the Federal Government doesn’t believe in the rationality of its own statute, it’s unconstitutional to enforce it.”

Among the other claims in the lawsuit are that the CSA: (i) was enacted and implemented in order to discriminate against African Americans and to suppress people’s First Amendment rights; and (ii) violates plaintiffs’ constitutional Right to Travel.

The plaintiffs include:

• retired professional football player and Super Bowl Champion, Marvin Washington, who desires, but is ineligible (due to the CSA) to obtain grants under the Federal Minority Business Enterprise program, to open a business that would allow professional football players (among others) to treat with medical Cannabis to reduce opioid dependency and addition;

• an 11-year old girl, Alexis Bortell, who moved to Colorado from Texas so that she could treat her intractable epilepsy with medical Cannabis;

• a six-year old Georgia boy suffering from Leigh’s Disease, Jagger Cotte, who has been using medical Cannabis to lengthen his life and control his otherwise excruciating pain;

• disabled military combat veteran Jose Belen, who uses medical Cannabis to control his post-traumatic stress disorder (PTSD); and

• the Cannabis Cultural Association, whose membership includes many People of Color who contend that the CSA was enacted and has been enforced in a discriminatory manner, rendering them unable to participate in, among other things, the Cannabis industry.

Lauren Rudick, a member of Hiller’s firm representing Cannabis businesses, observed that, at present, “more than 60% of Americans live in a jurisdiction in which medical Cannabis is legal.” She also remarked that a “4/20/2017 Quinnipiac poll found that over 90% of Americans support the use of medical Cannabis – and it’s near impossible to get 90% of the Country to agree on anything.” These numbers led Joseph Bondy, a federal criminal defense attorney and legalization advocate working as co-counsel with the Hiller firm on this case, to “question the agenda of those who continue to push for enforcement of the CSA, given its unlawful and discriminatory impact and that so few in America support such an effort.”

The defendants in the case are Attorney General Jeff Sessions, Acting Administrator of the DEA Chuck Rosenberg, the Justice Department, the DEA and the Federal Government. Co-counsel David Holland, a litigator and longtime advocate for legalization of Cannabis, noted that the “the efforts to criminalize Cannabis are relatively recent and were largely underwritten by racial and ethnic animus.” As reflected in the Complaint, African Americans and other Persons of Color are four times as likely to be arrested under the CSA than white Americans, even though Cannabis is used equally by People of Color and Caucasians.

Contact: Michael S. Hiller (212) 319-4000 x. 308 and (646) 408-5995
Lauren Rudick (212) 319-4000 x. 319 and (917) 405-4206
Joseph Bondy (646) 335-3988
David Holland (212) 842-2480 and (917) 861-2678

#ForAllPatients #AlexisBortell
*Picture Originally shared by Mr. Clark.

Image may contain: 2 people, people smiling, closeup

CONTINUE READING AND TO SOURCE

Video:  Girl taking medical marijuana sues Jeff Sessions and DEA

ALEXIS

https://mjbizdaily.com/wp-content/uploads/2017/07/ECF-Version-of-Complaint.pdf

Kathy Inman

Kathy Inman Great Work!!⭐️⭐️⭐️⭐️⭐️

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Rick Donaldson

Rick Donaldson Alexis, would it be of any benefit to get more people to sign on with these attorneys, to increase the sound/impact of this suit ?

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Jared Jennings

Jared Jennings Do you have a link to the initial or amended complaint? I’d love to read it.

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Alexis Bortell

Alexis Bortell It is on the Pacer system for New York courts we are told.

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Loretta SBuster

Loretta SBuster I love y’all im a Texan illegally trying to heal….

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Samantha Macaluso

Samantha Macaluso You’ve brought me to tears of joy! So happy that there’s a group of people willing to take a stand! I am praying for your continued healing with cannabis and for your lawsuit! May GOD be with you every step of the way!

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Crystal Ramos

Crystal Ramos She stands for freedom and for us all thank you Alexis

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Trevor J Jacovino

Trevor J Jacovino You’ve got so much support Alexis!!! Keep up the good fight, we are here for you!!!

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Pat Warren

Pat Warren WOW !!! the courage of an innocent child …… we should all take lessons from Alexis …..

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Leslie Henson Lindsey

Leslie Henson Lindsey How the crap can you place a patent on a plant. ? God owns all the “patents “

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Michele Ruscitti

Michele Ruscitti Here we go!!! Let’s hope they stay the coarse get all this foolishness out of the way!

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Cindy Ann Trimble

Cindy Ann Trimble God gave us the garden and all within it!

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Pamela Bourque

Pamela Bourque Alexis for president!

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Teddy Vas

Teddy Vas Way to go Alexis!!! God Bless you!!!!!!!

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Jordan Watts

Jordan Watts Huge step toward legalization!

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Kristy Nicole Hendricks

Kristy Nicole Hendricks Go Alexis Go!!! ~hugs from your hometown in Rowlett

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Steve Minton

Steve Minton Ha ha, another nail in the coffin of quivering theocratic fascist and stone-cold racist Jeff Sessions. Trump’s earliest supporter, he’s now finding out the hard way that if you play with the fire of an abusive psychopath like Trump, and defy the will of the people, you get burned.

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Mark Redhawk Nelson

Mark Redhawk Nelson Government and fda has zero control of herbs. Thats why there isnt a huge market for them. And they dont usually command a premium.
But there is money to be made. And they have a criminal institution to prifit from. They dont want to lose tgier inco…See More

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David Smith

David Smith How do I get in on this as a plaintiff – to recoup all the money and stress damages from having to move my elderly mom to live with me in CA, where I am a patient, because of Texas prohibition?

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Annette Anderson

Annette Anderson Alexis Bortell, I am so proud of all the great things you have already accomplished and look forward to the amazing things from you in the future. Would love to meet a fellow Texan MMJ refugee but either this us you have planned, you’ll be very busy. I…See More

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Amber Michaels

Amber Michaels I’m with you Alexis!!!!! I may have epilepsy too which more and more docs think I do but to get to Denver to see a neurologist is gonna be the downside!!!! Gotta have a babysitter and got to have a car that’s been checked out before going the drive!!!!…See More

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· Reply · 29w

Elaad Teuerstein

Elaad Teuerstein Good luck with the lawsuit. It’s about time the world got rid of this rediculous ban on MJ. It’s not just the US that tightly controls use of the plant but most countries around the globe have followed suit out of fear of confronting the US about it or…See More

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Terry Odom

Terry Odom Good luck in the fight. It’s such a screwed up system. The government is completely irrational in their logic. And , seriously, it’s always been here, they’re not ever going to eliminate it. Total waste of time, resources, and lives.

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Krizzy Carter

Krizzy Carter Alexis, I have finally moved back to TX and am finally home. My biggest wish is that you can be too one day. All the love and support… from Plano! ❤️

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Ben Morris

Ben Morris Your family is brave and inspiring. Any way to get cannabis legal federally and give access to medicine for kids should be celebrated

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Karen Lockwood

Karen Lockwood Awesome! Alexis, you’ve got a lot of people on your side of this issue. Let the battle begin!! Keep us minions updated, we’ll do whatever it takes to support this battle and fight for the win!

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Michelle Williams

Michelle Williams GOOOOOOO, ALEX!!! Giv’em hell girl!!!
I was living in Plano when u and ur family lived in Frisco, and then made the heartbreaking decision to leave friends, family, ur school to move to Colorado. Ive been with u since then! I commend ur bravery and pray one day this will all be a fading memory!!! Keep up the avocation and I’ll definitely be behind u will ALL my support!!!

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Sharon J. Tucker

Sharon J. Tucker My family and friends all support medical cannabis. We all have family and friends in desperate need of medical cannabis. We are tired of begging for this much needed medicine. Veterans too.

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Clarke Bohorfoush

Clarke Bohorfoush Alexis!! Our prayers are with you and you have our full support!! You’re an incredibly brave young lady and your courage will change this country and the world!!

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Samantha Macaluso

Samantha Macaluso Everyone please reach out to Sessions before his meeting on Thursday with DEA! Your voice matters!!!https://www.justice.gov/contact-us

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Casey Langham

Casey Langham Life, liberty, and the pursuit of happiness….. this plant represents all of these things …. thank you for fighting the good fight

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Darcelia Coleman Haney

Darcelia Coleman Haney Get ’em! Politics having way to much power regarding medicinal use.

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William Joey Dorsett

William Joey Dorsett I hope we win, I hope they end up having to pay, having the rescedual, and having to release people from jail…

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Suzanne Wall

Suzanne Wall Thank you! I am praying for God to give victory to all of you!! Us!!

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Emma Lee

Emma Lee You go girl!! All it takes is one strong will to change the world We’re all behind you cheering!

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J D Goodwin

J D Goodwin Children of the cannabis are coming for you Jeff…be very afraid.

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Jason McCathern

Jason McCathern Ya I knew ole Jeff Sessions was gonna be trouble for us weed smokers from the get-go!

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Belle Shildmyer

Belle Shildmyer

Tenor

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· Reply · 29w

Rob Taft

Rob Taft Sign me up www.420central.org is behind you

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· Reply · 28w · Edited

Pat Trahan

Pat Trahan If you need help please post. Good for you, many thanks!

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Shirley McNeal

Shirley McNeal You go Alexis, send them back to school so you can teach them a little more

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Mary Hartman

Mary Hartman The fact that there is even a prescription drug named Marinol negates the fourth paragraph!

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Ingrid Joiya-Warrick

Ingrid Joiya-Warrick FANTASTIC! This should slow Sessions happy ass up until Trump dumps him.

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Rob Paulk

Rob Paulk jeff.sessions. wud die from brain cancer if he only had a brain

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Luis Castellanos Padilla

Luis Castellanos Padilla Fight the good fight
Alexis, Wisconsin,God,&90%of Americans,are with you,!!!

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· Reply · 29w

Adam Cericola

Adam Cericola Wow Alexis Bortell go get em! Prayers for you and your family.

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D Ronald Dudding Jr.

D Ronald Dudding Jr. Bob Goodlatte won’t get on board with nothing but heartless politicians we are seeing a change in Virginia his approval rating has dropped and that’s my opponent in 2018

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· Reply · 29w

Lisa Reichenbach

Lisa Reichenbach What an amazing girl you are! Thank you from so many of us to you and your family for all that you are doing!

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Alexis Bortell

8 hrs ·

It is almost time. Tomorrow is our day. All of us…
I am not suing for money. All I want is freedom to live my life where I want and for the government to get out of MY way. We are standing against medical tyranny. http://ow.ly/Q3tz30in80R #IStandWithAlexis #AlexisBortell

Lawsuit Takes Aim at Trump Administration Marijuana Policy

In a sprawling complaint citing the benefits of pot reaching back 10,000 years, the suit seeks to decriminalize the drug under federal law.

nytimes.com

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James Meissner

James Meissner U go Alexis Bortell !! #WakeUpWorld #LifeOverLaw #EndTheWarOnPeople #EndTheDrugWar #OnePlant united! Its time!

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Robyn James

Robyn James When we have to fight the government, to treat our illness with a plant, the government is corrupt and needs to be overthrown!! Taking our power back one trial at a time!

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Alexis Bortell

51 mins ·

Hearing is now moved up to 11 a.m. tomorrow. Please let everyone know. Thanks! #IStandWithAlexis

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Penny Webb Ransom

Penny Webb Ransom Will have you and the others in my thoughts and prayers.
Tom McCain will peach-tree norm be following this or GA care?

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Robin Hurshman

Robin Hurshman Praying for you Alexis! We will be there with in spirit! Much love and support for such a strong young lady.

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Alexis Bortell

Yesterday at 9:50am ·

Why risk everything in court instead of moving to Vancouver without a fight? This. This is medical cannabis. This is us. I am one of millions of faces not ‘the one face’. In two days they have to listen to ALL of us. I will go to the Supreme Court if I have to. #IStandWithAlexis . #AlexisBortell

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Kyle Young

Kyle Young Two more days I will be praying for you Alexis. AG Sessions needs to eat his words and do what the American People WANT!!!

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Denise Chuck Schrader

Denise Chuck Schrader because marijuana should be the American peoples right…. it shouldn’t have anything stopping anyone that has tried it and it has helped…. #yougotthisgirl #IStandWithAlexis <3

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Alexis Bortell shared their post.

Yesterday at 6:27am ·

2 more days until our day in Federal Court! Here is the original post with the two images if people want to change their profile picture to show support for the case.

Many Alexis Bortell page friends will be there and we advise people to arrive early as it is going to be busy.

We have heard there are no phones or cameras allowed in the court room but we haven’t spoken to the courthouse security directly yet to confirm. If someone confirms first, please let us know.

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Alexis Bortell added 2 new photos.

February 5 at 12:06pm ·

Here are two images people can use if they want to as their profile pictures to support our case and the hearing on Feb 14th. Your support means a lot to all o…

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Randy Carter

Randy Carter

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Dan Drouin

Dan Drouin I do hope they at least allow TV cameras in there

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Alexis Bortell

Alexis Bortell In front they will

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Alexis Bortell shared OneLuv Organics‘s post.

February 11 at 8:36am ·

I get asked by lots of people if they can sell our soaps in their businesses. Yes, you can and we put a post out about it this morning on our OneLuv Organics page.

Quick summary: You can email support@oneluvorganics.com subject “Reseller” and we will send you details .

It is very easy.

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OneLuv Organics

February 11 at 8:22am ·

Three questions we get often are:

1. How do we join your reseller program and is it hard to join?
To join, email support@oneluvorganics.com subject “Reseller …

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Alexis Bortell

February 10 at 11:58am ·

By using code ‘HHLEX’ you save $10 per bottle of Haleigh’s Hope (they make my medicine) and they donate to my ‘Patches of Hope’ feed the hungry program. This has already raised almost $400 for Patches of Hope. Thanks! http://ow.ly/h0Gl30ik6ig My Soap Store: http://ow.ly/j9gG30ik6eJ

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Alexis Bortell

February 10 at 9:37am ·

4 more days and WE WILL have our day in federal court. Article: http://ow.ly/JER830ik184 Attached is the form with the court information if you want to attend. They are expecting LOTS of people inside and outside the courthouse because it is open to the public. #IStandWithAlexis

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Netha Morgan

Netha Morgan Alexis, gold star mother here, all of our ancestors that have gone before us including my son specialist David John Badie U.S.ARMY(k.i.a.8/1/08) are with you stand strong along with all of those Warriors they will hold you they will guide you and they will help to kick sessions ass good luck my little sister

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Alexis Bortell

Alexis Bortell Thank you.

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Jennifer Leigh Scott

Jennifer Leigh Scott So my son is 12, this is what I’m gonna need from you. I’m gonna need you to marry my son when you grow up because I cannot imagine having a more bad ass daughter in law than you! ❤️
#IstandWithAlexis
#MyIdol

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Alexis Bortell

Alexis Bortell Um, lol.

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PETITION: Demand President Trump Stop the Criminalization of Kratom!

Kratom Warriors:

As many of you know, we just announced that nine noted scientists, working with the American Kratom Association (AKA), authored a letter to President Trump’s White House Opioid Crisis Team Leader Kellyanne Conway and Acting DEA Administrator Robert W. Patterson.

This letter amplified the voice of the scientific community – now it’s time for President Trump and Ms. Conway to hear YOUR voice with this petition.

In their letter, the scientists called out the FDA directly for their use of “bad science” when determining the safety profile of kratom.

And that’s why you and I must demand they disregard the FDA’s latest disinformation campaign against kratom.

Please take a few moments and sign the petition to demand the President and Ms. Conway help protect the freedom of consumers to make their own choices about their health and well-being and to stop the criminalization of kratom.

There are organizations across the United States and within the Federal Government working day and night to criminalize kratom.

They don’t care about the truth, the science, or the disastrous impacts banning kratom would have on millions of Americans.

We MUST come together as a kratom community RIGHT NOW to say with one unified voice – STOP THE ATTACK ON KRATOM!

Below is the text of the petition being sent to President Trump and Ms. Conway:

———————————————————————————————————

PETITION TO PRESIDENT TRUMP AND KELLYANNE CONWAY

We the undersigned ask for your immediate action to protect the freedom of consumers to make their own health care decisions, and stop the Food and Drug Administration (FDA) from their broad regulatory overreach and the criminalization of millions of Americans who use kratom. 

Kratom is a safe herbal supplement that is used by Americans to manage their health and well-being. Many have found kratom to be an effective alternative pain management therapy to dangerously addictive and deadly opioids. Leading scientists have concluded that banning kratom will create an unsafe kratom black market, and force kratom users who manage acute or chronic pain to deadly opioids and will lead to increased opioid deaths in America.

Mr. President, we ask that you direct the FDA and the National Institute of Drug Abuse (NIDA) to research how kratom can best be used as both an alternative pain management therapy, and as a potential step-down from opioid addiction; and direct the Drug Enforcement Administration (DEA) to return the proposed scheduling recommendation for kratom to the FDA and NIDA for those additional studies — and leave those Americans who use kratom for their personal health and well-being alone!

————————————————————————————————————————

CLICK HERE TO SIGN THE PETITION TO PRESIDENT TRUMP AND MS. CONWAY – LET’S SEND A CLEAR MESSAGE THAT KRATOM SHOULD BE PROTECTED!

Once you sign this petition, please forward this email to friends, family and even neighbors. Even if they are not a kratom consumer, please try to get their help in supporting this petition.

It is only because of your continued support that we are able to keep fighting to protect kratom. Thank you for your immediate action today.

Dave Herman

American Kratom Association

#IAMKRATOM

#teamAKA

State agents seize Heber City shop’s supply of CBD oil

by DJ Bolerjack   Thursday, December 28th 2017

cbd indiana

(KUTV) – The owner of a Heber City business, Medical Vanguard and Aspen Grove Rustics, is baffled after his cannabidiol, or CBD oil product, a nonpsychoactive byproduct from cannabis plants, was confiscated from his store’s shelves.

Manager of the business, Jenifer Tringham, told 2News Wednesday that they had checked with the DEA and found it was legal in all 50 states at the time.

The manager found the law confusing and since numerous smoke shops across Utah were selling the product, he assumed it was legal.

That profit was on the shelf for weeks, and Tringham said they were helping a lot of people and making a nice profit from it. But when the Department of Occupational and Professional Licensing found out about them selling CBD, they were served a subpoena by state agents.

“We didn’t realize that here in Utah, those that have a medical card and that suffer from epilepsy, they’re the only ones I can really have a CBD oil on hand,” Tringham said.

Dr. Marc Babitz, with the Utah Health Department, said CBD oil is legal only by use in Utah, not to sell.

“Number one: You must see your neurologist, somebody that specializes in seizure disorder who documents that you have a seizure disorder. They fill out forms, you fill out forms, bring them to the Department of Health, verify the information is correct and if everything is fine we issue you a card in the card allows you to be in possession of CBD oil.” Babitz said.

That oil has to be purchased outside of the state in places where it’s legal. Like Nevada and Colorado. With that card, it’s legal to bring back into the state.

“I don’t know of anything that would allow the sale of marijuana products of any kind,” Babitz said.

Now, it’s unclear whether the owner will face charges.

“Right now we’re not selling it. We are abiding by what we were told to do and that was to take it off the shelf and that’s what we’re doing right now.” Tringham said.

If you want to hear more from business owners or the Department of Health on this issue watch the news story above.

CONTINUE READING….

MISC.

http://kutv.com/news/local/gallery/state-agents-seize-heber-city-shops-supply-of-cbd-oil#photo-4

http://kutv.com/news/local/state-agents-seize-heber-city-shops-supply-of-cbd-oil

Colorado girl suing U.S. attorney general to legalize medical marijuana nationwide

Posted 9:24 pm, November 9, 2017, by Rob Low,

LARKSPUR, Colo. — Alexis Bortell is hardly the first child whose family moved to Colorado for access to medical marijuana.

But the 12-year-old is the first Colorado kid to sue U.S. Attorney Jeff Sessions over the nation’s official marijuana policy.

“As the seizures got worse, we had to move to Colorado to get cannabis because it’s illegal in Texas,” said Bortell, who was diagnosed with epilepsy as a young child.

The sixth-grader said traditional medicine wasn’t helping her seizures and doctors in her home state were recommending invasive brain surgery.

But a pediatrician did mention an out-of-state option: Medical marijuana.

Shortly after moving to Larkspur, Bortell’s family began using a strain of cannabis oil called Haleigh’s Hope.

A drop of liquid THC in the morning and at night has kept her seizure-free for 2 1/2 years.

“I’d say it`s a lot better than brain surgery,” Bortell said.

But Bortell said the federal prohibition on marijuana prevents her from returning to Texas.

“I would like to be able to visit my grandparents without risking being taken to a foster home,” Bortell said on why she’s joined a lawsuit that seeks to legalize medical marijuana on the federal level.

Haleigh’s Hope.

Since the 1970s the Drug Enforcement Agency has classified marijuana as a Schedule One drug, which in the eyes of federal policy makes marijuana more dangerous than meth or cocaine and on par with heroin.

“How is that rationale? It’s not compassionate either, but rationality? It’s just outrageous,” said Alexis’ dad Dean Bortell.

He showed his backyard fields, where he grows five acres of marijuana plants used to derive the medicine that helps his daughter and patients he’s never met.

“When you look at it from a distance and you see it saving their lives, me as a father and an American, I go, what are we doing? How could you possibly look at someone who`s benefiting from this as a medicine and threaten to take it away?” Bortell said.

Twenty-nine states and the District of Columbia have legalized medical marijuana.

Alexis’ New York attorney Michael Hiller argues it should be legal nationwide.

“As it pertains to cannabis, the (Controlled Substances Act) is irrational and thus unconstitutional,” said Heller, who added the U.S. government “made a representation that cannabis has medical application for the treatments of Parkinson`s Disease, HIV-induced dementia and Alzheimer’s disease and yet at the same time the United States government maintains that there is absolutely no medical benefit for the use of cannabis. That is of course absurd.”

Denver attorney Adam Foster represents marijuana businesses.

He said he thought the lawsuit was clever but admitted its success might be a long shot.

“Whenever you sue the government, the deck is really stacked against you,” Foster said.

But he added the federal government might have a hard time arguing medical marijuana has no known medical benefits.

“We now live in an era where 62 percent of Americans live in a state where the medical use of cannabis is legal at the state level,” he said.

Alexis Bortell said she hopes her lawsuit will normalize medical marijuana but also legalize it.

“We’ll be able to be treated like what you call ‘normal’ families,” she said.

Bortell is joined in the lawsuit by another child, a military veteran, a marijuana advocacy group and former Broncos player Marvin Washington, who played on the 1998 Super Bowl-winning team.

The federal government has already lost its first motion to have the case dismissed.

CONTINUE READING AND TO VIDEO!