Two North Dakota farmers failed to convince the 8th Circuit that cannabis grown for industrial hemp is not technically marijuana and should not be regulated under federal law.
The court in St. Louis upheld dismissal of the farmers’ lawsuit seeking a declaration that the Controlled Substances Act (CSA) does not apply to industrial-use cannabis.
The appeals court pointed out that the Act defines marijuana to include all cannabis plants, regardless of the THC concentration.
“The CSA likewise makes no distinction between cannabis grown for drug use and that grown for industrial use,” Judge Pasco Bowman wrote.
The three-judge panel rejected the notion that industrial hemp is not marijuana under the Act, or that Congress has no authority to regulate their state-sanctioned cultivation of cannabis.
Frequently asked questions about
Medical Marijuana in Washington State
Is medical marijuana legal in Washington? I've heard conflicting answers to this question.
Marijuana possession is illegal in Washington. The medical marijuana law, Chapter 69.51A RCW, provides an affirmative defense for qualified patients and designated caregivers. People who qualify have a valid reason to possess a 60-day supply of marijuana. They may use that reason to defend against a legal action taken under Washington law. However, medical marijuana is not legal under federal law. There is no affirmative defense for people who are arrested or charged under federal law.
I heard the Obama Administration has legalized medical marijuana. Is that true?
No. U.S. Attorney General Eric Holder announced formal guidelines for federal prosecutors in states that have laws allowing the use of medical marijuana. The guidelines do not legalize medical marijuana. The president directed federal prosecutors to consider appropriate medical use when making criminal charging decisions. The guidelines only provide direction for prosecutors when reviewing medical marijuana cases. The guidelines do not change the laws in Washington state.
New Jersey is poised to become the next state to allow residents to use marijuana, when recommended by a doctor, for relief from serious diseases and medical conditions.
The state Senate has approved the bill and the state Assembly is expected to follow. The legislation would then head to the governor's office for his signature.
Gov. Jon Corzine, the Democrat who lost his re-election bid last month, has indicated he would sign the bill if it reaches his desk before he leaves office in January. It would likely be one of Mr. Corzine's last acts before relinquishing the job to Republican Chris Christie.
Mr. Christie has indicated he would be supportive of such legislation, but had concerns that one draft of a bill he read didn't have enough restrictions, a spokeswoman said.
The bill has been endorsed by the New Jersey Academy of Family Physicians and the New Jersey State Nurses Association.
he Fallbrook Chamber of Commerce has an unlikely new member ---- a licensed medical marijuana dispensary.
Bob Riedel, co-founder of Mother Earth's Alternative Healing Cooperative Inc., said last week he joined the chamber for the same reasons other members join: It's a good way to get involved in the community and to network. The co-op has already signed up as one of the sponsors for Fallbrook's Dec. 5 Christmas parade, for example.
"We wanted to get involved with the community and to let people know who we are," Riedel said of his decision to apply for chamber membership. "We have an actual retail license. We are completely by the book."
Chamber directors said there wasn't any reason to deny the co-op membership, especially given that it's a state-sanctioned business. Chamber Executive Director David Bergeson said the board voted unanimously at its Nov. 3 meeting to grant the dispensary membership.
A new industry has taken root in Detroit with the opening of the city's new 'MedGrow Cannabis College'.
Here students learn how to grow marijuana professionally, debating the 'finer points of inhaling' and which plants 'give the biggest hit'.
And no this isn't some tiny research lab, it's clear what this is about -- making money and building an industry.
Medical Marijuana Inc Continues Development and Completes 1st Stage of the National Rollout of Its Educational Seminars
Medical Marijuana Inc (PINKSHEETS: MJNA) announced today they have completed the taping of the Educational Seminar series as the 1st step toward the Seminar program being offered across America in those states where permitted by law. These Seminars will continue to be held in Ukiah, Ca. through the rest of the year.
Past the security man and his pit bull and through a haze of eye-watering smoke, two youths load up a pipe next to a row of shiny glass jars with two dozen varieties of marijuana bud displayed like candy.
Hundreds of pot shops have sprung up in the last couple of years across Los Angeles, taking advantage of California's medical marijuana laws to do a brisk trade in cannabis offerings branded with names like "Big Buds" and "Super Trainwreck".
The Los Angeles City Council this afternoon postponed a vote on a medical marijuana ordinance until next week at the earliest.
Councilman Ed Reyes, who is overseeing efforts to craft a law, introduced a motion that would make a series of major changes to the proposal, and asked that the council take more time to review them.
He also noted that other council members had proposed numerous amendments. "This is only the tip of the iceberg," he said.
William Carter, chief deputy city attorney, agreed that it would be helpful for his office to have time to review the proposed changes to the ordinance that two committees sent to the full council on Monday.