|
Post by stc1993 on May 1, 2024 12:34:59 GMT -5
Is moving to sch III. Doctors in all 50 states can legally prescribe MJ is what I just read. I'll believe it when I see it with my own eyes. Especially Wyoming.
|
|
|
Post by PolarsStepdad on May 1, 2024 12:44:16 GMT -5
Yeah can't delist it. To many PDs and prisons making money off that shit
|
|
|
Post by mackeralsnatcher on May 1, 2024 14:33:33 GMT -5
My pot stocks shot up yesterday and now today it seems there is a lot of profit taking. For me?? I'm gonna hang on to them till the November election and see how things shake out.
|
|
|
Post by bullfrog on May 1, 2024 17:31:04 GMT -5
Is moving to sch III. Doctors in all 50 states can legally prescribe MJ is what I just read. I'll believe it when I see it with my own eyes. Especially Wyoming. If the Feds move it to Schedule III, it will have no effect in any state that doesn’t recognize cannabis for medical use. State prohibition still overrules Federal legalization of a drug.
|
|
|
Post by mackeralsnatcher on May 1, 2024 17:52:21 GMT -5
Care to expound on that? I know you are an attorney BUT I'm not getting what you are saying. I always thought federal law trumped State law. Please help me out here What am i missing. Just asking
|
|
|
Post by bullfrog on May 1, 2024 21:41:24 GMT -5
Care to expound on that? I know you are an attorney BUT I'm not getting what you are saying. I always thought federal law trumped State law. Please help me out here What am i missing. Just asking Criminal law is mostly a State issue. The States can criminalize anything they want so as they don’t criminalize something their State constitution or the Federal Constitution protects. Separate from the States, the Feds can criminalize something that crosses state lines. Drugs usually cross state lines as some point in their manufacture, sale, or use. Therefore the Feds can also criminalize drugs if they wish. Therefore you can have the Feds criminalize marijuana, and the State of Florida can criminalize marijuana, and both the Feds and the State can prosecute you separately for importing the same marijuana. Its not considered Double Jeopardy because Florida and the Federal Government are two separate entities with their own powers. The two entities are separate sovereign governments. When the Feds “legalize” marijuana, all that means is they’re removing the Federal criminal laws that prohibit marijuana. But the Feds changing Federal law has no effect on Florida’s law. Deleting the Federal criminal laws about marijuana does not create a Right to possess it. It just means the Feds no longer have a dog in the fight. The States will continue to do what they will on the matter. The only way the Feds could invalidate State laws against marijuana is to declare possession, use, manufacture, whatever, of marijuana a Federal Constitutional Right.
|
|
|
Post by tonyroma on May 1, 2024 22:27:29 GMT -5
Then couldn’t the marijuana distributors sue the states. Imagine a state outlawing Tylenol.
|
|
|
Post by bullfrog on May 2, 2024 7:02:20 GMT -5
Then couldn’t the marijuana distributors sue the states. Imagine a state outlawing Tylenol. No. A State has the power to ban Tylenol if they want. There’s no Constitutional Right to Tylenol. California banned lead bullets. Some states ban certain deodorants. The only thing that stops a State from banning whatever is if its protected in the Constitution or the State’s constitution. Thus the reason abortion is a State’s Rights issue absent the fiction that abortion is protected by the U.S. Bill of Rights. Also, understanding this can help understand why all the various amendments to Florida’s constitution are a big deal. Finally, this is why I often stress that for much of American history, the Federal Bill of Rights didn’t apply to the States. The Founders didn’t intend it to. But, the Civil War happened and things changed for various reasons. When people make “the Founders didn’t intend…” arguments, usually they don’t understand this.
|
|
|
Post by cadman on May 2, 2024 7:19:33 GMT -5
The biggest change if the Fed makes it a Schedule 3 drug will be all the dispensaries will have to be licensed by the FDA and provide reporting to them like other pharmacies. It will also allow them to deduct certain expenses from their taxes they could not do before, saving them some money there.
A lot of these dispensaries were operating in a grey area, this change will make them keep a lot better records and inventory control.
Bullfrog,
Couldn't a doctor still prescribe it in any state, but filling it would be the issue?
|
|
|
Post by nikonoclast on May 2, 2024 8:55:02 GMT -5
One interesting aspect of a re-scheduling by the Federal government is that there will be a Direct impact on many states.
Many state pot laws contain a clause that Automatically changes the state schedule to match the Federal rules.
This will lower penalties in some jurisdictions beneath the cost of prosecution.
How many deep South or "Cowboy" states will allow this change?
It could become another "issue" for dimwit pols to frighten the ignorant and superstitious.
They will bray and howl and claim great harm if state laws aren't immediately changed.
"Gotta keep locking them up ... full employment for prison guards is a natural right."
|
|
|
Post by OhMy on May 2, 2024 9:30:19 GMT -5
The voters of Fl. will make recreational legal this November.
That will take care of the legalities of the state.
In terms of Federal, if you ever wanted to work for a federal agency and you use(d) marijuana they can reject you because of schedule 1 drug use, if it becomes schedule 3 I am sure that will change the rules.
The feds are not rejecting applicants because they took Tylenol.
|
|
|
Post by bullfrog on May 2, 2024 10:57:38 GMT -5
The voters of Fl. will make recreational legal this November. That will take care of the legalities of the state. The only trial I’ve lost in 10 years was a cannabis case about 2 years ago. A fellow brought into the state a few big bags’ worth in the back of his semi. Something around 40lbs. Either enough for him to sell on the side or for a big weekend with friends and have a stash left over. In jury selection, I looked at the crowd before we called them up and realized by appearence alone I already lost. Lots of young people that looked like the types to smoke pot. Up in the box, 11 of the 12 potential jurors told me that they believed the State should stop prosecuting cannabis cases. In the box it was a cross section of ages and professions. Even teachers and correctional officers wanted it legalized. I finally said “screw it” in my mind and went with the best 6 of the pro-pot crowd and resigned myself to the loss even before it began. No doubt it will be legalized for recreational use this election cycle.
|
|
|
Post by OhMy on May 2, 2024 12:41:55 GMT -5
The voters of Fl. will make recreational legal this November. That will take care of the legalities of the state. The only trial I’ve lost in 10 years was a cannabis case about 2 years ago. A fellow brought into the state a few big bags’ worth in the back of his semi. Something around 40lbs. Either enough for him to sell on the side or for a big weekend with friends and have a stash left over. In jury selection, I looked at the crowd before we called them up and realized by appearence alone I already lost. Lots of young people that looked like the types to smoke pot. Up in the box, 11 of the 12 potential jurors told me that they believed the State should stop prosecuting cannabis cases. In the box it was a cross section of ages and professions. Even teachers and correctional officers wanted it legalized. I finally said “screw it” in my mind and went with the best 6 of the pro-pot crowd and resigned myself to the loss even before it began. No doubt it will be legalized for recreational use this election cycle. Great story thanks for sharing. I have been to dispensaries here in Florida (South Florida) and you would be surprised at the demographic that is purchasing cannabis. One would think a bunch of long hair tattooed young kids in their 20's and that is not the case. Most of the folks I have seen are in their 50's or older and many holding canes or in wheel chairs. I think what happened was when weed became medically available some older folks in pain said screw it, I will try it. Afterwards they realized it helped with chronic pain and greatly helps with sleeping and so they kept using it. The young folks who want to use it so be it, but don't make them go to some doctor's office next to TJ Maxx to get a bogus medical card and charge them annual fees to have it renewed. I think a lot of older folks think it is just a bunch of young stoners going to dispensaries and that is not been my experience.
|
|
|
Post by nuevowavo on May 2, 2024 12:54:23 GMT -5
It's a lot cheaper to buy a little bag or a loose joint behind the elementary school than it is to go thru the card process and pay dispensary prices. Also, it's been my experience that most of the older folks buying at the dispensaries are those who have always smoked, and now it's just legal and safer to get it that way. No medical issues involved.
|
|