June 28 (UPI) — Federal regulations on marijuana may “no longer be necessary” as individual states enact their own laws on its use and sale, Supreme Court Justice Clarence Thomas wrote in an opinion Monday.
Thomas, one of the high court’s most conservative justices, cited what he called the federal government’s “half-in, half-out” approach that “simultaneously tolerates and forbids local use of marijuana” and concludes that federal pot laws and policies may now be obsolete.
“A prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the federal government’s piecemeal approach,” he wrote in dismissing the appeal of a Colorado medical marijuana dispensary that was denied federal tax breaks.
In the case, Standing Akimbo vs. United States, the dispensary argued that it is prohibited by the Internal Revenue Service from deducting certain business expenses — as other businesses are allowed — even though it operates in Colorado, where marijuana use is legal.
The reason is an IRS public policy provision that bars such deductions for companies dealing in controlled substances.
With 36 states now legally allowing marijuana for medical use and 18 for recreational use, Thomas wrote that the case illustrates a growing disconnect between federal and state laws.
Since the Supreme Court upheld federal marijuana laws in 2005, Thomas said the legal landscape has greatly changed. Further, he said, the Justice Department since 2009 has declined to intrude on state legalization efforts or prosecute those who comply with state laws.
Read the rest of the story here
Recent Posts
- Rescheduling Marijuana Would Be a Huge Threat to Public HealthKevin Sabet of Smart Approaches to Marijuana says policy makers need to learn from their mistakes with hemp when considering marijuana rescheduling. It’s rare for… Read more: Rescheduling Marijuana Would Be a Huge Threat to Public Health
- Industrial Cannabis Sativa Hemp Plastic-UpdatesHemp plastic which is 100% biodegradable, can be a better alternative to synthetic plastic. This review paper updates the benefits of using hemp fibre for… Read more: Industrial Cannabis Sativa Hemp Plastic-Updates
- Federal Court says Gun Ban For Cannabis Consumers Is UnconstitutionalA federal appeals court has ruled that the ban preventing people who use marijuana from possessing firearms is unconstitutional. The U.S. Court of Appeals for… Read more: Federal Court says Gun Ban For Cannabis Consumers Is Unconstitutional
- Edibles recalled in MI containing 200 mg of THC per servingMICHIGANS CANNABIS REGULATORY AGENCY NOTIFIES CONSUMERS OF VOLUNTARY MARIJUANA PRODUCT RECALL July 07, 2023 In the interest of public health and safety, the Cannabis Regulatory… Read more: Edibles recalled in MI containing 200 mg of THC per serving
- Is Growing Hemp in Michigan Legal?The Michigan Department of Agriculture and Rural Development (MDARD) administers the hemp cultivation program and oversees Industrial Hemp Grower Registration and the Cannabis Regulatory Agency (CRA) administers the hemp processing… Read more: Is Growing Hemp in Michigan Legal?