THE SUPREME COURT

Title: Chris Christie’s Supreme Court Gambling Case Could Impact Marijuana Laws

Author: Marijuana Moment

Date: 1 December 2017

URL: https://www.marijuanamoment.net/chris-christies-supreme-court-gambling-case-impact-marijuana-laws/

Extract: A case being heard by the U.S. Supreme Court on Monday could have huge implications for the ability of states to legalize marijuana.

The case, Christie v. NCAA, centers on whether the Constitution’s anti-commandeering doctrine prevents the federal government from forcing states to keep prohibitions of certain federally- proscribed activities on their own lawbooks.

It began when New Jersey voters approved a 2011 ballot measure to legalize sports gambling. The following year, state lawmakers enacted legislation to regulate and license sports wagering at casinos and racetracks.

But the National Collegiate Athletic Association (NCAA) and four professional sports leagues sued, alleging that the state law violated a federal statute, the Professional and Amateur Sports Protection Act (PASPA). That law, enacted by Congress in 1992, prohibits states and local governments from licensing or otherwise authorizing betting on amateur or professional team sports. (It exempted prior state gambling schemes, namely the one that exists in Nevada.)

The U.S. Court of Appeals for the Third Circuit ruled for the sports leagues in 2013, interpreting PASPA to bar states from affirmatively licensing or permitting sports betting but not necessarily from merely repealing their own state prohibitions on gambling.

The Supreme Court rejected New Jersey’s request to hear the case on appeal, so the state enacted a new law that deleted its own prohibitions on certain gambling activities without enacting a new authorization or licensing scheme to regulate betting.

The leagues filed suit again, against the narrower revised law. Once more, the Third Circuit agreed, ruling in 2016 that PASPA prevents states from repealing their own sports gambling prohibitions in addition to blocking them from affirmatively licensing the activity.

The court essentially ruled that the Constitution’s anti-commandeering doctrine only prohibits the federal government from compelling states to adopt and enforce new policies and “does not command states to take any affirmative actions.” In this way, the court reasoned, it’s constitutional for the federal government to block states from amending policies they had previously adopted.

New Jersey appealed the case again, and this time the Supreme Court agreed to hear it. Oral arguments are scheduled for Monday morning and, although the statute in question concerns gambling, the outcome of the case could potentially throw up a huge roadblock to future state marijuana legalization efforts.

If the high court agrees with the Third Circuit, “the federal government may be able to regulate other areas like recreational marijuana…by freezing existing state laws in place, instead of through direct federal regulation,” according to the Congressional Research Service.

Sam Kamin, who serves as the Vicente Sederberg Professor of Marijuana Law and Policy at the University of Denver’s Sturm College of Law, filed an amicus brief in the case along with other law professors, arguing that the Supreme Court should rule in favor of New Jersey. He told Marijuana Moment that the Third Circuit’s ruling is “shockingly wrong.”

TAX

280E repeal possible as part of GOP tax package

FEDERAL

Bi-Partisan Cadre of Federal Lawmakers Send Letter to Leaders Supporting MMJ Protections

 

Title: Jeff Sessions’ Long, Strange Obsession With Cannabis: A Timeline

Author: Merry Jane.com

Date: 30 November 2017

URL:  https://merryjane.com/news/a-timeline-of-jeff-sessions-long-strange-obsession-with-cannabis

Extract: During a news briefing about America’s deadly opioid epidemic Wednesday, Attorney General Jeff Sessions once again levied threats against the country’s state-approved cannabis industry, returning to the downright false narrative that the anti-weed top cop has promoted for decades, equating marijuana with heroin, methamphetamine, and other highly addictive drugs.

HAWAII

Title:   Hawaii police tell medical marijuana patients to turn in their guns . The initiative continues three months after Hawaii’s first medical marijuana dispensary opened for business

Author: Police One.com

Date: 30 November 2017

URL: https://www.policeone.com/gun-legislation-law-enforcement/articles/463173006-Hawaii-police-tell-medical-marijuana-patients-to-turn-in-their-guns/

Extract:  HONOLULU — The Honolulu Police Department is ordering legal cannabis patients to “voluntarily surrender” any guns they own because pot is still considered an illegal drug under federal law.

The initiative continues three months after Hawaii’s first medical marijuana dispensary opened for business.

“Your medical marijuana use disqualifies you from ownership of firearms and ammunition,” Honolulu police Chief Susan Ballard wrote in a Nov. 13 letter to one medical marijuana card holder. “If you currently own or have any firearms, you have 30 days upon receipt of this letter to voluntarily surrender your firearms, permit and ammunition to the Honolulu Police Department or otherwise transfer ownership.”

 

 

OHIO

https://medicalmarijuana.ohio.gov/News?articleID=102

CULTIVATION

THE OHIO DEPARTMENT OF COMMERCE RELEASES THE LEVEL I CULTIVATOR APPLICATION SCORES

THE OHIO DEPARTMENT OF COMMERCE ANNOUNCES THE RECIPIENTS OF THE LEVEL I CULTIVATOR PROVISIONAL LICENSES.

The applications for the below companies can be found by clicking the link.

Please note: Interested parties could submit multiple applications, but can only receive one provisional license. An awarded Level I cultivator provisional licensee has up to 10 days to choose the location for the cultivation facility.

THE OHIO DEPARTMENT OF COMMERCE ALSO ANNOUNCES FARKAS FARMS LLC AS THE 12TH RECIPIENT OF THE LEVEL II CULTIVATOR PROVISIONAL LICENSES.

Please refer to the scoring reference guide for scoring questions. To receive a certificate of operation, each provisional licensee will have to comply with all statutory and rule requirements which includes zoning requirements of the locality. No further announcements are available at this time.

 

 

 

 

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