Cannabis Related Happenings Across the Country

Oklahoma Federal District Court Declares Gun Ban on Cannabis Users Unconstitutional

The US District Court for the Western District of Oklahoma dismissed an indictment against a man charged with violating a federal firearms ban on cannabis users. The defendant was arrested after a routine traffic stop where a vehicle search lead to the discovery of a loaded revolver and cannabis. The Court opined that “that [a person’s] mere status as a user of marijuana [does not] justif[y] stripping him of his fundamental right to possess a firearm. . . This is not a constitutionally permissible means of disarming [the defendant].”

Interstate commerce of California Cannabis May Open Up Even Before Federal Approval

California’s Department of Cannabis Control (DCC) is seeking an opinion from the California Attorney General regarding whether permitting interstate cannabis commerce would put the state at “significant risk” of federal enforcement action if the state implements its 2022 law, SB-1326 titled “Cannabis: interstate agreements,” that would allow cannabis commerce to and from California and other cannabis-legal states. Oregon has a similar law but its implementation is contingent upon federal legalization. The Washington State Senate is also considering a bill (SB 5069) that would permit interstate commerce between Washington’s licensed cannabis businesses and licensed cannabis businesses in other states, also contingent upon federal legalization.

New York Study Shows Medical Cannabis May Reduce Opioid Prescriptions and Overdoses

JAMA published a peer-reviewed study, Changes in Prescribed Opioid Dosages Among Patients Receiving Medical Cannabis for Chronic Pain , describing how medical cannabis has the potential to reduce the amount of opioid-based medications needed to treat chronic pain. “These findings contribute evidence toward potential clinical benefits of medical cannabis in reducing prescription opioid intake, which may decrease patients’ risk of opioid overdose.”

Tracy Jong and her team at Evans Fox assists New York cannabis businesses (as well as landlords, private lenders, investors and other businesses working with cannabis businesses), on issues related to licensing, regulatory compliance, commercial leasing and corporate structure and strategy. Contact our office for a consultation.