Tag: federal drug policy

  • Joe Kennedy III Advocates For Federal Marijuana Legalization

    Joe Kennedy III Advocates For Federal Marijuana Legalization

    Representative Joe Kennedy III detailed his support for federal marijuana legalization in a recent op-ed.

    Representative Joe Kennedy III voiced his support for removing cannabis from the Controlled Substances Act and legalizing it at the national level.

    Kennedy, a Democrat and the US Representative for Massachusetts’ 4th congressional district, penned an op-ed for the health and life sciences magazine Stat in late November that outlined his advocacy for legalization, which he based on the growing number of states with legalization initiatives – including his own home state – and the health benefits attributed to marijuana.

    Due to the federal government’s apparent inability to reconcile these advancements with its stance on legality, Kennedy opined that it should “cede its responsibility – and authority – to thoughtfully regulate marijuana.”

    Kennedy’s position is an about-face from previous statements made on legalization, most notably on Jimmy Kimmel Live! where his support of cannabis prohibition put him at odds with the majority of his party.

    He addressed his reticence in the Stat piece, where he noted that his work with the mental health and addiction communities had made him “skeptical” of marijuana’s alleged benefits. “I’ve heard repeatedly from mental health advocates on the frontlines who have grave concerns about what access to marijuana might do for those prone to abuse,” he explained.

    But Kennedy said that he had also listened to those supporting cannabis legalization, primarily for health reasons, like “the parent whose epileptic child needs marijuana to calm her seizures, [or] the veteran whose trauma it eases [or] the black teen arrested for smoking a joint while his white friends did the same with impunity,” he wrote.

    Through research and conversations with individuals on both sides of the legalization argument, Kennedy said that he had reached the conclusion that “our federal policy on marijuana is badly broken, benefiting neither the elderly man suffering from cancer whom marijuana may help nor the young woman prone to substance abuse disorder whom it may harm.”

    He also noted the negative impact that prohibition has on the economy, citing marijuana businesses forced to implement cash-only transactions due to banks’ reluctance to work with them over federal regulation, and the loss of career and housing opportunities due to restrictions on jobs with and leasing to marijuana retailers.

    “Given the rapid pace of state-level legalization and liberation, I believe we must implement strong, clear and fair federal guidelines,” wrote Kennedy. “To do that requires us to remove marijuana from the Controlled Substances Act and legalize it at the federal level.”

    Though he has advocated for legalization, Kennedy also noted that his concerns about the public health issues associated with marijuana remain. But by making cannabis legal at the federal level, he said that health and addiction advocates will have their “best chance” to make sure that tax resources are directed towards consumer safety and treatment through federal regulation.

    “Legalization is not a cure-all,” he concluded. “But [it] would guide states choose to move forward with strong and cearly national standards meant to ensure that all Americans are protected fully and equally.”

    View the original article at thefix.com

  • Couple’s Lawsuit "To Block Legalization Of Marijuana" Goes To Trial

    Couple’s Lawsuit "To Block Legalization Of Marijuana" Goes To Trial

    The Colorado couple say they have been “injured by a conspiracy to cultivate recreational marijuana near their land,” according to the lawsuit.

    A couple of disgruntled property owners in Colorado are taking their neighbor to court over growing cannabis, which they claim has brought down the value of their property.

    According to the original lawsuit filed on behalf of Hope and Michael Reilly, “growing recreational marijuana is ‘noxious, annoying or offensive activity’ by virtually any definition because marijuana plants are highly odorous, and their offensive smell travels long distances.”

    The lawsuit, filed in 2015, saw its first day in Denver federal court on Monday (Oct. 29). Colorado has had a legal market for cannabis for adults 21 and older since January 2014.

    The Reillys, who own a little over 100 acres of rural property in Rye, Colorado, say they have been “injured by a conspiracy to cultivate recreational marijuana near their land,” according to the lawsuit.

    It’s now up to a jury to decide if the Reillys have a case. Similar lawsuits against state-legal cannabis operations have been filed in California, Massachusetts and Oregon, according to the Associated Press.

    The neighbor targeted in the Reillys’ lawsuit is Parker Walton, who purchased 40 acres in Rye in 2014. Since then, he has built a 5,000-square-foot indoor cannabis growing and harvesting facility on his land, to sell his product to retailers.

    The defense says it can prove that the Reillys’ property value has not been harmed. In fact, according to the AP, the defense will argue that tax valuations of the couple’s property have gone up over time.

    Lawyers for the Reillys are suing under the Racketeer Influenced and Corrupt Organizations Act (RICO), federal anti-racketeering laws established to target the Mafia in the 1970s. In this case, RICO allows private parties to sue claiming their business or property has been damaged by a criminal enterprise, AP explains.

    If they can prove their case, they may be financially compensated for three times the damages plus attorneys’ fees.

    According to the Safe Streets Alliance, which filed the Reillys’ lawsuit, the lawsuit could impact the future of other state-legal cannabis operations.

    “In addition to shutting down the operations targeted in its suit, Safe Streets hopes that its use of the federal racketeering laws will serve as a model for other businesses and property owners who have been injured by the rise of the commercial marijuana industry,” reads its website.

    View the original article at thefix.com