On June 23, 2016, the U.S. Supreme Court decided that case of Birchfield v. North Dakota, 14-1468, in which the Court held that while implied consent laws relative to driving under the influence (DUI) may impose civil penalties, it is unconstitutional for them to impose criminal penalties for refusing to consent. Specifically, as the Syllabus … Continue reading US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
Workers’ Compensation and Medical Marijuana
by Karl Voigt This April, the Pennsylvania legislature enacted Act 16 of 2016 (the Medical Marijuana Program),which will enable patients with serious medical conditions to purchase marijuana to treat their symptoms. This is viewed as a conservative approach to the legalization of marijuana in certain circumstances, not a wholesale and liberal distribution of medical marijuana … Continue reading Workers’ Compensation and Medical Marijuana
9th U.S. Circuit Court Of Appeals Says DOJ Can Not Prosecute Medical Cannabis Businesses That Comply With State Laws.
In a decision which can only be classified as a win for the marijuana industry, the U.S. Court of Appeals for the 9th Circuit in San Francisco (the “Court of Appeals”) ruled Tuesday August 16, 2016, that the U.S Department of Justice (the “DOJ”) must comply with a Congressional rider which prohibits the DOJ from … Continue reading 9th U.S. Circuit Court Of Appeals Says DOJ Can Not Prosecute Medical Cannabis Businesses That Comply With State Laws.
ATF’s Shocking Position on “Makers” of Silencers/Suppressors, Especially in Relation to Solvent Traps
As many of our readers are aware, Attorney Adam Kraut and I attended the NSSF's Import/Export Conference on August 2-3, 2016, for which we blogged about many of the statements made by ATF (and other federal agencies) in our blog - News from the Round Table Discussions at the NSSF Import/Export Conference. One issue that … Continue reading ATF’s Shocking Position on “Makers” of Silencers/Suppressors, Especially in Relation to Solvent Traps
FDA WON’T RE-SCHEDULE MARIJUANA BUT WILL ALLOW RESEARCH
The FDA has decided that it will not re-schedule marijuana under the Federal Controlled Substance Act but will allow more research of marijuana. After months of speculation of whether the FDA would reschedule marijuana from a Schedule I drug to a Schedule II, the FDA is electing to take this half-hearted measure. The Federal government’s … Continue reading FDA WON’T RE-SCHEDULE MARIJUANA BUT WILL ALLOW RESEARCH
ATF Responds to 4473 Comments and Apparently Does Not Care that It Violates Its Own Regulations
Earlier today I received an email response from ATF in relation to FICG's Comment in Opposition to ATF's Proposed Changes to the 4473 Form which I drafted. You can find a copy of their response here. In the comment I raised a number of issues including that ATF is the incorrect federal administrative agency for determinations of … Continue reading ATF Responds to 4473 Comments and Apparently Does Not Care that It Violates Its Own Regulations
Extremely Interesting Developments Relating to ATF’s Re-Opening of the Comment Period for the ATF 4473
As our readers are likely aware, I previously blogged that ATF had re-opened the comment period for the ATF 4473 form. After digging a little deeper, I determined that OMB issued a PRA Primer Memo of April 7, 2010 directing that an agency, after providing the initial 60 day notice period required by 44 U.S.C. … Continue reading Extremely Interesting Developments Relating to ATF’s Re-Opening of the Comment Period for the ATF 4473
John J. Collins Named As Director Of Pennsylvania’s Office Of Medical Marijuana
On August 4, 2016, Pennsylvania Secretary of Health, Dr. Karen Murphy, announced that John J. Collins had been named the director of the Office of Medical Marijuana. Collins is in an internal appointment from the Department of Health. Collins joined the Department of Health in April of this year and currently serves as a public … Continue reading John J. Collins Named As Director Of Pennsylvania’s Office Of Medical Marijuana
The DEA is Closer to a Decision on Whether To Reschedule Marijuana Under the Control Substance Act.
In a statement made to The Cannabist on August 2, 2016, DEA Agent Russ Baer said that the DEA was closer than they were a month ago in making a decision with regards to rescheduling. Earlier this year, the DEA issued a statement that they wished to have decision on rescheduling made by the first half … Continue reading The DEA is Closer to a Decision on Whether To Reschedule Marijuana Under the Control Substance Act.
While the Laws are Changing in Pennsylvania, Possession of Marijuana For Personal Use Remains a Crime.
Overshadowed by the enactment of Pennsylvania’s Medical Marijuana Act (“MMA”)in April is a bill introduce on May 17, 2016, by House Representative Ed Gainey which called for the amendment of Pennsylvania’s Controlled Substance Act, Drug, Device and Cosmetic Act, 35 P.S. 780-101 et. Seq. (“CSA”). Specifically, HB 2076 seeks to amend PA’s CSA by reducing the … Continue reading While the Laws are Changing in Pennsylvania, Possession of Marijuana For Personal Use Remains a Crime.
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