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Medical Marijuana & the Second Amendment

Should medical marijuana use limit Second Amendment rights? Joseph Greenlee, Second Amendment attorney, explains the contradiction in state and federal law when it comes to medical marijuana use and gun rights.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Reach Joseph Greenlee on Twitter: @Joseph_Greenlee
https://twitter.com/Joseph_Greenlee

Related Links:

Marijuana Use & Firearm Ownership
http://www.fed-soc.org/blog/detail/marijuana-use-and-firearm-ownership

Dose of Reality: The Effect of State Marijuana Legalizations
https://www.cato.org/publications/policy-analysis/dose-reality-effect-state-marijuana-legalizations

9th Circuit Says Medical Marijuana Cardholders Have No Second Amendment Rights
http://reason.com/blog/2016/09/01/9th-circuit-says-medical-marijuana-cardh

Appeals court upholds ban on gun sales to medical marijuana card holders
http://www.foxnews.com/us/2016/08/31/appeals-court-upholds-ban-on-gun-sales-to-medical-marijuana-card-holders.html

Legalizing Marijuana: Why Citizens Should Just Say No
http://www.heritage.org/crime-and-justice/report/legalizing-marijuana-why-citizens-should-just-say-no

Dr Sanjay Gupta: Weed – CNN Special Documentary
https://www.youtube.com/watch?v=PRLYV0_6zY8

Medical marijuana laws in 50 states: Investigating the relationship between state legalization of medical marijuana and marijuana use, abuse and dependence
http://www.drugandalcoholdependence.com/article/S0376-8716(11)00274-2/abstract?cc=y=

White House hints at crack down on recreational marijuana
http://thehill.com/homenews/administration/320902-white-house-hints-at-crackdown-on-recreational-marijuana

New York’s Weed Nightmare

How pot bureaucrats used legal weed to push their social justice agenda.

https://reason.com/video/2025/03/11/new-yorks-weed-nightmare/

When former New York Gov. Andrew Cuomo faced sexual harassment allegations that threatened to end his career, he made a last-ditch effort to curry favor with the voters: He legalized weed. Maybe he hoped New Yorkers would be too stoned to remember the accusations that he had groped aides or asked female staffers to play strip poker with him.

New York’s progressive legislators had been crafting a recreational marijuana bill since 2018, but the version that passed was rammed through as Cuomo fought for political survival. The bill wasn’t just about legalizing cannabis; it was about righting historic wrongs by prioritizing licenses for people disproportionately impacted by prohibition. But in practice, the legislation has created a bureaucratic disaster that’s failed both business owners and consumers.

Jonathan Elfand spent a decade in prison for growing and selling weed—a conviction that, under New York’s new laws, should have given him priority in obtaining a legal dispensary license. Instead, he found himself stuck in bureaucratic limbo, with state regulators refusing to give him a license.

Unlike other states that simply legalized weed and let businesses flourish, New York took a heavy-handed, social justice–driven approach. Regulators created criteria that would offer priority licenses to women, minorities, veterans, and those from communities that had been “disproportionately impacted” by prohibition.

Even though Elfand had served a decade in prison for weed-related charges, that wasn’t enough to guarantee a license. Instead, bureaucrats picked winners and losers, leaving enterprising business owners like Elfand out in the cold.

Shouldn’t regulators let pretty much anyone open up, and allow customers to decide who they want to patronize?

New York’s law explicitly allowed public consumption, unlike places like Amsterdam, which have designated coffee shops where people can get baked in semi-private. The result? A city where the smell of marijuana permeates the streets, frustrating residents who didn’t sign up for this level of exposure.

New York could have followed Amsterdam’s model: designating semi-private areas for smoking while enforcing no-smoking laws elsewhere. Instead, the state prioritized social justice and government control over decent policymaking.

New York’s marijuana legalization effort was meant to correct past injustices. Instead, it has created a new class of victims: Entrepreneurs denied the opportunity to compete in a free and fair market. The real winners? The black market dealers who never stopped selling in the first place.

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THE FACTS: Cigars vs Marijuana | Louder with Crowder

Steven looks at the medical benefits and drawbacks of both nicotine and medical marijuana to make an unbiased comparison of the two.

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Is Nationwide Marijuana Legalization Just Around the Corner?

It’s hard to be pessimistic about marijuana legalization these days.
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Recreational cannabis is legal in 10 states and decriminalized in another 14. Virtually all presidential candidates, including Trump, favor letting states decide the legal status of marijuana. For the first time, polls show a majority of Republicans support legalization. And six proposals to move marijuana laws in a more or less libertarian direction are now making their way through Congress.

What do these policy proposals look like? How are states navigating the conflicts between state and federal law? And are there any obstacles left on the path to nationwide legalization?

Reason’s Todd Krainin sat down with Erik Altieri, the executive director of NORML, the National Organization for the Reform of Marijuana Laws, to talk about the building momentum towards nationwide legal pot.

Music – “Reggae Life” by Goymamba.

Produced by Todd Krainin. Cameras by Austin Bragg and Meredith Bragg.

Medical Marijuana and Money Laundering

Medical marijuana may be legal in many states, but federally, it is still illegal. This means that banks run the risk of being charged with money laundering or other crimes for working with what the federal government considers an illicit activity. This creates a precarious situation where billions of dollars of state-licensed marijuana profits are handled almost exclusively in cash. What are the laws the set up this framework? What problems does this create? What is the solution? Three experts weigh in.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Featuring:

-John Hudak | Senior Fellow, Governance Studies at the Brookings Institution
Reach John @JohnJHudak
https://twitter.com/johnjhudak?lang=en

-Jeffrey Miron | Director of Economic Studies at the Cato Institute
Reach Jeffrey @jeffreyamiron
https://twitter.com/jeffreyamiron?lang=en

-Julie A. Hill | Law Professor at University of Alabama School of Law
Reach Julie @ProfJulieHill
https://twitter.com/profjuliehill?lang=en

Related links and differing views:

Banks, Marijuana, and Federalism
https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?
referer=https://www.google.com/&httpsredir=1&article=1043&context=caselrev

Why marijuana retailers can’t use banks
https://www.economist.com/blogs/economist-explains/2018/01/economist-explains-5

Cash is king — and dangerous — for marijuana businesses that lose bank accounts
https://www.washingtontimes.com/news/2018/jan/29/marijuana-businesses-carry-bank-problems-security-/

Colorado senators push legislation to legalize banking for marijuana industry
http://kdvr.com/2017/05/26/colorados-u-s-senators-want-to-legalize-banking-for-marijuana-industry/

Sessions reverses Obama-era policy on marijuana, unleashes prosecutors
http://www.foxnews.com/politics/2018/01/04/attorney-general-jeff-sessions-to-end-policy-that-let-legal-pot-flourish.html

Two states sue to block Colorado marijuana markets
http://www.scotusblog.com/2014/12/two-states-sue-to-block-colorado-marijuana-markets/

Justices won’t hear Nebraska, Oklahoma marijuana dispute with Colorado
https://www.usatoday.com/story/news/2016/03/21/marijuana-lawsuit-colorado-oklahoma-nebraska-supreme-court/81984006/

The Risky Business of Commercial Marijuana
http://www.weeklystandard.com/the-risky-business-of-commercial-marijuana/article/2006705

Gary Johnson on Legalizing Marijuana

Gary talks about his stance on marijuana legalization and explains why he wouldn’t legalize any other drugs.

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Gary Johnson on Legalizing Marijuana
https://youtu.be/-MH2sQVQYf8

What Will Recreational Marijuana Legalization Mean for California? Q&A with Lynne Lyman

Is this the beginning of the end for pot prohibition in America?

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See the full text at Reason.com: http://reason.com/reasontv/2016/08/22/what-will-recreational-marijuana-legaliz

MORE VIDEOS LIKE THIS:

HOW CA WILL LEGALIZE WEED IN 2016: https://www.youtube.com/watch?v=LAdDdgHYbCc

THE MAN WHO WANTS TO STOP CALIFORNIA POT LEGALIZATION: https://www.youtube.com/watch?v=P-D3l0SfRUI

“This [marijuana legalization] initiative goes further than any iniative in the world,” says Lynne Lyman, California State Director for the Drug Policy Alliance, speaking of Prop 64, the 2016 ballot initiative calling for the legalization of commerical marijuana sales in California. “We’re really setting a new floor for what marijuana legalization should include.”

Lyman sat down with Reason TV’s Zach Weissmueller to discuss the details of Prop 64, from taxation and regulation to criminal justice reforms to resolving the tension between medical and commercial marijuana. They also took general questions about marijuana from viewers of the Facebook Live stream and speculated about what legalization in the most populous state in the union might mean for the future of drug policy in America.

This video originally aired live on Reason’s Facebook page on August 10, 2016.

Correction: The graphic of the United States shown at the start of the video highlights Wyoming instead of Colorado. We regret the error.

Approximately 20 minutes. Shot by Alex Manning and Justin Monticello. Music by Jazzhar.

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