7

To pick up on your comment 'Does this mean if I wish to build a chair for personal use, then since trade of chairs exists between states, Congress has the authority to outlaw possession or manufacturing of chairs?': Yes. For example, the US Congress can legislate to prohibit a farmer from growing wheat for use on his own farm, on the basis that there is ...


6

It is not absolutely against the law to produce schedule 1 substances (such as marijuana). Per 21 USC 822(a)(1), Every person who manufactures or distributes any controlled substance or list I chemical...shall obtain annually a registration issued by the Attorney General which entails specific permissions to make, distribute etc, under (b). If you ...


5

The relevant case is Gonzales v. Raich, 545 U.S. 1 (2005). Congress’ Commerce Clause authority includes the power to prohibit the local cultivation and use of marijuana in compliance with California law. The court relied heavily on Wickard, and distinguished the case from Lopez: The similarities between this case and Wickard are striking. In both ...


5

Leaving Colorado with a Marijuana product is illegal. You cannot bring Marijuana to Denver International or any other airport in Colorado. You also cannot bring Marijuana into a Federal Park, reserve, ski slope or National Parks. Colorado has a site outlining these restrictions, so no, you cannot bring back Marijuana to your home state, even if you can ...


4

The Compassionate Investigational New Drug program is based on the common law defence of necessity, that is, if you 'need' to possess a controlled substance in the relevant sense then you can't be convicted of an offence for possessing it. The program might well have been illegal (clearly the United States thought it was illegal if they opted for ...


4

US constitutional law does not refer to "natural rights", it refers to "fundamental rights". This enters into the doctrine of strict scrutiny vs. lesser scrutinies. If the US Constitution specifically names it, it is a fundamental right: bearing arms, speaking and worshiping freely, protections against search and seizure and so on. The Supreme Court can also ...


3

If you want to sue them, you should start with the US Constitution (as a model), in particular the Free Exercise clause: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". The question is whether one could overturn homicide statutes on the grounds that an individual holds to traditional beliefs ...


3

When a country makes criminal laws, these laws usually apply to anyone present in the country, and acting in the country. But the country is free to declare that some law might apply to its own citizens in a foreign country, or even foreign citizens in a foreign country. Assuming the laws about using marijuana say nothing about the country, that most ...


3

Short Answer if you use medical marijuana prescribed by a doctor. Are you automatically an unlawful user of a controlled substance and cannot possess, use, buy, sell, gift, or transfer firearms? Basically yes. If you use medical marijuana prescribed by a doctor on a regular basis you are a prohibited person pursuant to 18 U.S.C. 922(g)(3), and you ...


3

Under federal law, it is illegal the minute you have any marijuana or marijuana seeds. Likewise under NJ law, except if authorized by state law, for medical marijuana production. Under NJ's medical marijuana law, "alternative treatment centers" grow and dispense medical marijuana, and there is no provision for mass-production growers (who don't distribute). ...


3

This is an interesting idea, but very risky for the bank. Oregon and Washington's truce with the Feds involves strong state backing, banks willing to take risks that no Colorado bank has been willing to take, and a tacit understanding that the Feds will tolerate this because the banks know their customers and are very familiar with their state's regulatory ...


3

First, a preliminary correction. Patents are different than copyright. 35 USC §271 defines patent infringement: Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent ...


2

It's important to note that in both cases the "protection" is of a particular limited kind: that state and local police and law enforcement will refrain from enforcing those federal laws (regarding marijuana or immigration). There is nothing to stop federal law enforcement officers (DEA, FBI, ICE, etc) from enforcing those laws in California or anywhere ...


2

Another relevant and recent case is Taylor v. United States, 579 U.S. ____, Case No. 14-6166 (June 20, 2016) (with only one justice dissenting). The official syllabus (citations to slip opinion omitted) states: Petitioner Taylor was indicted under the Hobbs Act on two counts of affecting commerce or attempting to do so through robbery for his ...


2

CBD most definitely is a drug and a chemical derived from marijuana. It may be a legal medicinal drug under the laws of the UK and Ireland (two completely separate sovereign countries by the way) which just set their respective policies on the subject earlier this year, but that doesn't mean that it isn't a drug, and like many drugs it will require a ...


2

Missouri law criminalizes knowing possession: 579.015(1) A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance... 579.074(1) A person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia.....


2

I'd recommend first that you tell the court or whoever needs to know that the items were not yours, but that they were left there by your friend without your knowledge. Your friend can refuse to testify since telling the truth would be incriminating him - and while refusing to testify makes it quite obvious to anyone that he is guilty, it cannot be used as ...


2

The fact that you have a medical condition doesn't change the rules set by a private establishment or business. A restaurant can bar all types of smoking (Including Vaping). Your medical condition would not be an exemption to this rule. Your employer can have terms of employment that would prohibit you from smoking tobacco or even medicinal marijuana. So ...


2

does US law travel with its citizens wherever they go, or does leaving US soil remove US legal obligations? USA law travel with its citizens as long as USA law says it does, and can be enforced (trivially, if the offender returns to the USA then USA law can be enforced). Even in some cases, USA laws can only be broken abroad (for example, a prohibition to ...


2

Is your question how to define "potential for abuse" or whether this is constitutional? On the first question, potential for abuse probably means just what DEA says it does, at least until the agency changes its definition. If you'd like to induce a coma or suicidal state, you should read up on the concept of Chevron deference, which generally gives ...


2

No. As it is an interstate transaction, the applicable laws of sales are the Federal Laws, which still classify it as an illegal substance, and thus, will prosecute for charges related to interstate sales. In so far as I am aware, all cannabis grown for consumption (as opposed to other utilities, like Hemp rope and oils, which I'm fuzzy on the legal ...


2

The relevant provision is s10(a) of the Drug Misuse and Traffic Act 1985: A person who has a prohibited drug in his or her possession is guilty of an offence. There are a number of exemptions under s10(b) but let’s assume they don’t apply. So, if you can come up with a way to get the effect of a drug without ever possessing it you’re good to go. But you ...


2

Starting with federal law, under 21 USC 841, there are 4 levels of trafficking weight for marijuana, the most severe being 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight 21 USC 802(16) indicates that "marijuana" includes the plant, the leaves, the ...


2

Some laws apply to US Citizens wherever they are located, for example, 31 CFR 560.418: § 560.418 Release of technology or software in the United States or a third country. The release of technology or software in the United States, or by a United States person wherever located, to any person violates the prohibitions of this part if made with ...


1

The Federal government could charge such a person with conspiracy to distribute, or with aiding and abetting distribution, or under a RICO (Racketeer-Influenced and Corrupt organization) case. Other federal charges might perhaps apply. The state of New York might possibly be able to pursue a conspiracy charge as well. In the current political climate, I ...


1

My attorney said In Missouri and with Marijuana its not a crime to claim ownership but it is a crime to be in possession. With him proving I had no idea it was in my car, and him not possessing anything I don't think he would get into trouble. But what im asking is would he be charged or searched if he defended my case? If he would face legal prosecution he ...


1

OSHA has jurisdiction only over private sector employers and not over public sector employers, although there are coordinated state programs in Kentucky: The Occupational Safety and Health Administration (OSHA) does not have jurisdiction over State and local government employees (firemen and policemen). If, however, a State administers its own ...


1

Generally, no. Legislatures pass laws. The fact that someone else knows more about the thing they're passing laws about is utterly irrelevant -- the power to make laws is given to the legislature, not to experts. If the legislature thinks experts should make the rules on something, they can delegate (this is why the FDA approves medicine rather than Congress)...


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