Dana posts these words of warning on Linked In
The order states very clearly that nonregistered cannabis activities fall under Schedule I and anyone who handles the same is subject to enforcement, including criminal sanctions. Page 18:
“Preliminarily, it should be noted that any form of marijuana other than in an FDA approved drug product or marijuana subject to a state medical marijuana license remains a schedule I controlled substance, and those who handle such material remain subject to the regulatory controls, and administrative, civil, and criminal sanctions, applicable to schedule I controlled substances set forth in the CSA and DEA regulations.”
The 5th amendment protects us against self-incrimination. Here, the DEA is asking our operators to admit to past and possible future intended ciminal activities.
In the application the DEA has applicants admit that they previously engaged in Schedule I activities without DEA registration, which is a crime. And then they ask for identification of all the people involved, including their address and social security number.
Screenshots from the registration portal are attached if you are curious.
I don’t trust this administration, especially when Trump was on TV saying, “just the CBDs, just medical,” when he signed his order a few months ago. As you may recall, last year, the IRS and ICE entered an agreement to share info so ICE could easily target immigrants using their tax records; luckily the Courts struck this down. But it is fairly clear that information volunteered to the government is being used against us.
There is a reason for the Miranda warning – anything you say can and will be used against you.
Cannabis operators in adult use states are now being asked to supply admissions of breaking the law directly to the DEA; literally the same agency as who will enforce the law. They don’t even need an unconstitutional agreement to share information because operators are giving it directly to them.
And which state does Trump hate the most— that’s right, California. Our operators need to be really really careful. There are only 11 medical only dispensaries in California.
I am not saying not to follow the federal law and pathway to Schedule III – and you should read my most recent post about practical considerations in coming to that decision with your tax and legal professionals who have insurance for these things.
I am just making sure folks are aware of the risk in admitting to participating in Schedule I activities, past, present and future.
Because we have the 5th amendment for a reason. Be very careful if you decide waive it.
