Page 19 - Dallas Vol 5 No 3

DANIEL CLANCY | Criminal Law
Dazed and Confused About Marijuana
Laws?
Ifyou’re feeling a bit dazed and confused in terms of which states are doing what, where, and how, as it relates to marijuana legalization, you are not alone.
Marijuana (recreational use vs. medical use), THC, CBD, industrial hemp, decriminalization, rescheduling – all of these areas of discussion are intertwined and create some rather complex issues for law enforcement.
Currently, there are nine states, plus the District of Co- lumbia, where marijuana is legal for recreational/adult use (over 21 years of age), and medical use. With the excep- tion of four states, every state in this country, including Texas, has legalized some form of medical marijuana use. Idaho, Kansas, Nebraska and South Dakota have yet to le- galize marijuana for any purpose.
Confusion about our marijuana laws, stems mostly from the fact that under federal law, marijuana remains a Schedule 1, controlled substance. So how is it that in- dividual states are able to enact laws, which ignore e Federal Controlled Substance Act?
e short answer: e 10th Amendment of the U.S. Constitution. e 10th Amendment o ers individual states the right to enact laws not speci cally prohibited by the Constitution. In response to the 10th Amendment argument, marijuana prohibitionists are quick to counter with e Supremacy Clause.
e Supremacy Clause establishes that our nation’s Constitution, and the federal laws enacted pursuant to it, constitutes the supreme law of the land. Where con ict exists between federal law and state law, the federal law is controlling.
e bottom line: in light of the overwhelming sup- port that Americans have shown in recent years, favoring medical marijuana as a safe and sensible alternative to this nation’s opioid crisis, the men and women who represent us in D.C. have a duty to reconsider the Controlled Sub- stance Act, and reevaluate its e ectiveness.
It’s worth noting that e Federal Controlled Substance Act was enacted in 1970, almost 50 years ago. e powers that be in 1970 classi ed Schedule 1 drugs based on their high potential for abuse, no medical use, and severe safety concerns. Marijuana was listed alongside other narcot- ics such as heroin, LSD, and cocaine. In addition, federal guidelines and restrictions regarding research and testing have made it almost impossible for scientists and research- ers to study the plant. e only university allowed to do so is thhe University of Mississippi in Oxford, Mississippi.
In 2015, Texas Governor Greg
Abbott, signed into law e Texas Compassionate Use Act, legalizing the cultivation, extraction, and sale of high CBD – low THC medical marijuana to patients su ering from intractable epilepsy. e combination of CBD and THC, interact with the body’s natural endocannabinoids, suppressing and considerably reducing the patient’s sei- zures. e law requires that the patient must have previ- ously been prescribed FDA approved drugs that failed, and the medical marijuana prescription requires two neu- rologist’s signatures.
As a country reeling from an opioid crisis that has claimed the lives of thousands and caused painful addic- tion for thousands more over the past two decades, it ap- pears the stage is set for a real uni ed, bi-partisan push for medical marijuana.
At the 2018, Texas State Republican Convention, held in San Antonio earlier this year, approximately 10,000 Texas Republican delegates showed up to set the party’s plank, and they included four pro-cannabis measures for the rst time. Texas Republicans now join Texas Democrats in their desire to see the medical marijuana program increase to include more groups of patients. In addition, there is bi- partisan support for decriminalization in instances where individuals are caught possessing four ounces of marijua- na, or less; rescheduling marijuana at the federal level; and legalizing/recognizing industrial hemp as a new agricul- tural commodity.
With the 2019, Texas legislative session closely ap- proaching, and with congressional mid-terms right around the corner, it will be interesting to see how the marijuana laws are addressed at both the state and federal levels. Will we continue to be dazed and confused, or will changes be made to help give us a clearer view? Time will tell.
DANIEL CLANCY, A CRIMINAL DEFENSE ATTORNEY IN NORTH TEXAS, MAINTAINS A PRACTICE FOCUSED ON FED- ERAL CRIMINAL OFFENSES, AS WELL AS, FELONY AND MIS- DEMEANOR STATE OFFENSES. IN 2018, MR. CLANCY ESTAB- LISHED THE CLANCY LAW GROUP, A CANNABIS BUSINESS LAW FIRM. A NATIVE TEXAN, DANNY HOLDS LICENSES IN TEXAS AND IN BOTH THE NORTHERN AND EASTERN DIS- TRICTS. HAVING BEEN A COUNTY PROSECUTOR, AND CRIMINAL DISTRICT COURT JUDGE, MR. CLANCY HAS SEEN THE COURTROOM FROM EVERY VIEW POSSIBLE AND HAS TRIED OR PRESIDED OVER HUNDREDS OF CRIMINAL CASES. PLEASE VISIT WWW.DANIELCLANCY.COM, WWW.THECLAN- CYLAWGROUP.COM OR CALL (214) 740-9955.
AttorneyAtLawMagazine.com
19