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The New York-based 2nd U.S. Circuit Court of Appeals reversed the judge's decision, prompting Medical Marijuana's appeal to the Supreme Court. The justices are expected to rule in the case by the ...
The legal theory of the case is that although in Gonzales v.Raich, the Supreme Court "reasoned that because Congress intended to 'eradicate' cannabis from interstate commerce, the federal government had a rational and thus lawful purpose in encroaching on states' cannabis regulation", this Commerce Clause-centric logic no longer pertains in the 2020s, as the Federal Government "continues to ...
A trucker lost his job because he tested positive for marijuana after consuming a supposedly THC-free CBD tincture. SCOTUS Case Involving Cannabis Fraud Highlights the Illogic of Federal Drug ...
John Kuehn of Heartwell, left, joins with three attorneys for the start of official court proceedings in a case against two 2024 ballot measures related to medical cannabis.
Case history; Prior: 662 F.3d 387 (5th Cir. 2011); cert. granted, 566 U.S. 920 (2012).: Holding; If a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the Immigration and Nationality Act.
A U.S. appeals court on Wednesday ruled that a pot-smoking gun owner in Texas cannot be prosecuted for violating a federal ban on users of illegal drugs owning firearms, saying it is ...
In United States v.Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001), the United States Supreme Court rejected the common-law medical necessity defense to crimes enacted under the federal Controlled Substances Act of 1970, [1] regardless of their legal status under the laws of states such as California that recognize a medical use for marijuana. [2]
Rhode Island will ask a federal judge next month to dismiss a lawsuit brought by a California woman challenging the requirement of residency to hold certain retail cannabis licenses in the state. ...