Author: Justin Mckibben
Recently the big election season of 2016 came to a close. Not only do we have a new president, but also a few new states with big marijuana reforms. Florida is among the states to turn the tide and legalize medical marijuana, with specific restrictions of course. But one restriction that could be imposed most people probably don’t know about with medical marijuana is one on gun-ownership. So when taking a look at what some U.S. courts have ruled in the past, should medical marijuana block your gun ownership rights? How could this impact medical marijuana in Florida?
Rowan Wilson VS 9th U.S. Circuit Court
The case of S. Rowan Wilson, a Nevada resident, is what recently brought this subject to light. In 2011 Wilson attempted to purchase a handgun but was denied when the gun store owner recognized her as a medical marijuana cardholder. She insisted that she only obtained the card as a political statement in solidarity with legalization. In court Wilson maintained that she does not herself use marijuana.
In August of 2016 Wilson’s hopes were shot down. The 9th U.S. Circuit Court of Appeals decided in a 3-0 vote that if you have a medical marijuana card, you can’t buy a gun. This result came based on the idea that medical marijuana:
“-raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”
This isn’t only limited to regular marijuana users or even specifically addicts, but to anyone who has a medical marijuana card. According to the court, this ruling actually does not violate the 2nd Amendment. They claim to be in agreement with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, saying that firearms retailers should assume that medical marijuana card holders use the drug, even if they do not. This courts jurisdiction includes:
- District of Alaska
- District of Arizona
- Central District of California
- Eastern District of California
- Northern District of California
- Southern District of California
- District of Hawaii
So how will it play out now that there is medical marijuana in Florida?
The 4th Circuit and the Federal Level
Federal law already prohibits gun purchases by those who are described as:
“-unlawful user and/or an addict of any controlled substance.”
Back in 2011, the Bureau of Alcohol, Tobacco and Firearms insisted that the law applies to marijuana users-
“regardless of whether [their] State has passed legislation authorizing marijuana use for medicinal purposes.”
This makes sense, since even though many states are legalizing marijuana for medical or recreational use, marijuana remains illegal for any purpose under federal law. So medical marijuana in Florida is subject to the same idea of federal regulation.
In the case of United States v. Carter in 2014 the connection between marijuana and violence came as the court cited a number of studies suggesting a significant link between drug use and violence. This included marijuana. In the words of the 4th Circuit, those studies found:
- “Probationers who had perpetrated violence in the pastwere significantly more likely to have used a host of drugs — marijuana, hallucinogens, sedatives, and heroin — than probationers who had never been involved in a violent episode.”
- “Almost 50% of all state and federal prisoners who had committed violent felonieswere drug abusers or addicts in the year before their arrest, as compared to only 2% of the general population.”
- “Individuals who used marijuana or marijuana and cocaine, in addition to alcohol, weresignificantly more likely to engage in violent crime than individuals who only used alcohol.”
- Among adolescent males, “marijuana use in one yearfrequently predicted violence in the subsequent year.”
The 4th Circuit argues that the question of correlation vs. causation doesn’t matter. They insist it was not the government’s responsibility to prove a causal link between drug use and violence. Simply put, they didn’t need to prove if drug use causes violence or if violence causes the drug use. To ban someone from owning a gun all they need is to make any connection.
Which, when you think about it, seems almost lazy.
Medical Marijuana in Florida VS Other Substances
So what we want to ask is- should using medical marijuana keep you from owning a gun?
Essentially the courts say that anyone who uses medical marijuana or any substance has an increased chance of risk behavior. They say that if someone has a medical marijuana card, basically they are too dangerous to allow a firearm.
But given this logic, it should apply to every substance. There are plenty of other drugs that technically fit the bill, and not just illegal ones.
Drug policy researchers Mark Kleiman, Jonathan Caulkins and Angela Hawken have pointed out that research also indicates that tobacco users also are more likely to engage in crime relative to the general population. The team published a book in 2011 called Drugs and Drug Policy: What Everyone Needs to Know. In this publication they wrote:
“Compared with nonsmokers, cigarette smokers have a higher rate of criminality,”
“Smoking in and of itself does not lead to crime, but within the population of smokers we are more likely to find individuals engaged in illicit behavior.”
Then of course there is the obvious other substance that should be on the chopping block; alcohol. The authors wrote that there’s a much stronger link between violent behavior and alcohol than there is for many illegal drugs,
“There is a good deal of evidence showing an association between alcohol intoxication and pharmacologically induced violent crime,”
The truth is, alcohol is probably one of the most dangerous drugs in the world, yet because it is “socially acceptable” it is not under nearly as much restriction. So if we are going to consider medical marijuana in Florida as means to restrict our 2nd Amendment, shouldn’t we see it the same for alcohol, or even other prescription medications?
We have said it time and time again- a drug is a drug. If we truly believe any substance, legal or not, that can be abuse is equally dangerous in terms of addiction and risk behavior than should we treat them equally? Should we restrict the right to own a gun for anyone who uses anything? Does medical marijuana make someone too dangerous to own a gun? Or is this discrimination?
Overall, the issue of marijuana reform is an increasingly complex issue and in the future, solutions to the problems of legalization will be addressed. But for those who struggle with addiction marijuana can still be a dangerous substance. If you or someone you love is struggling with substance abuse or addiction, please call toll-free now. We want to help.
Thanks to the recent upsurge of marijuana reform in many states there are now more ways than ever to use marijuana. Both through medical and recreational means. Electronic cigarettes are now a commonly used method of smoking cannabis oils, while some have converted the substance to capsules. Edibles and beverages also make up part of the marijuana menu these days. Just when you thought it couldn’t get any more diverse, a new product emerges- the cannabis inhaler!
The world’s first-ever cannabis inhaler is starting to make its way to mainstream markets. The name of the first official brand of cannabis inhaler is Vapen Clear, and they claim there is nothing else out there like it.
What is Vapen Clear?
The Vapen Clear title product looks like a typical asthma inhaler. The product is also used in the same way too. The difference is Vapen Clear isn’t loaded with the medicine albuterol.
The cannabis inhaler releases THC, the psychoactive compound found in marijuana, instead of asthma prescription medication. The makers of the cannabis inhaler state:
“It packs a powerful 10mg expenditure per puff, which equals to 100 total puffs per cartridge but can be toned down to meet your needs.”
The makers of the cannabis inhaler also point out the aspects of their product that sets it apart from other marijuana accessories. With the vaporizer pens that have become increasingly popular the device heats the contents in order to create smoke. With the Vapen Clear the makers say it doesn’t heat the THC. Instead, the cannabis inhaler uses a propellant to blast the “medicine” directly into the lungs.
This would probably make the most sense for the individuals who are trying to use marijuana for medicinal purposes. Some people want to avoid the smoke entirely, and it can’t be good for you anyway.
Cannabis Inhaler Marketing
The Vapen Clear cannabis inhaler is already at an advantage for being the first of its kind. Still, the marketers have decided to expand the strategy, and utilize the preferences associated with marijuana to sell different brands of the Vapen Clear. So far they advertise three different designs based on a different marijuana strain. For example:
- The “Daytime” inhaler comes with THC from a Sativa strain, because they claim Sativa marijuana produces energy.
- The “Nighttime” inhaler comes with an Indica strain to provide a more mellowing effect.
- The “Afternoon” inhaler is described to provide a more steady feeling from a hybrid (blended strain) of the two.
So far, the Vapen Clear cannabis inhaler is only available in Arizona at select specialist centers. However, their site claims that soon the new Vapen Clear products will be available in multiple other states, including:
As enterprises involved in the expanded market of legalized marijuana evolve, there is sure to be more and more developments such as this to expose a wider population to various means of marijuana consumption. The only question is, is this necessarily a good thing for everyone?
While there is a fair amount of support for the progression of marijuana reform, especially for medical reasons, there is still a fair amount of risk involved.
For one, does it make it easier for the drug to be abused? Not only does the design keep it discrete for those who might have legitimate access to it, but also for those who do not. Then, with the new method of administration, will there be an increase chances of abuse?
Also, with this new method of consumption, could there be unforeseen health risks?
With any drug there are risks, even if there is a movement to legalize and de-stigmatize marijuana. Marijuana may not be considered as dangerous as heroin or other illicit narcotics, but to addicts a drug is a drug. Could there be an adverse impact resulting from this new cannabis inhaler? Is this new device a piece of drug-abuse-enabling technology?
Any substance can be abused and develop into an addiction, even marijuana. If you are struggling with marijuana addiction, do not hesitate to get help today. You are not alone! If you or someone you love is struggling with substance abuse or addiction, please call now.
CALL NOW 1-800-951-6135
(This content is being used for illustrative purposes only; any person depicted in the content is a model)
Author: Shernide Delva
As more and more states legalize marijuana, there has been a concern on how to monitor impaired driving. Now, police are testing a marijuana breathalyzer on drivers for the first time. The device is manufactured by Hounds Labs and CEO Mike Lynn who is an emergency room doctor in Oakland, California, and a reserve officer with the Alameda County Sheriff’s Office.
Lynn began pulling over drivers suspected of impaired driving during the initial field tests. However, the use of the breathalyzer was optional.
“Basically everyone agreed because they were curious,” Lynn told US News & World Report. “The objective was not to put people in jail but to educate them and use the device if they volunteered so we could get the data.”
All the drivers tested were not arrested, but they were required to find another ride home. The Hounds Labs breathalyzer can detect marijuana (smoked or ingested) as well as alcohol. Lynn says his breathalyzer can even measure the concentration of the drug. In the past, other technology could only detect THC.
“It’s not as if every breathalyzer will be replaced overnight [but] it will completely change the ability to recognize stoned drivers,” said Lynn last year, “[and] our technology also will prevent the wrongful arrest of people who have some THC in their system but are not impaired.”
Last year, Alameda County Sherriff Greg Ahern told US News that he is eager to use the new breathalyzer.
“Current methods for testing THC are not practical for the roadside,” Ahern said. “On top of that, results can take weeks and will only tell us if marijuana is in a person’s system. By measuring THC in breath, Hound Labs, Inc. will help us get impaired drivers off the road and also make sure that unimpaired individuals who happen to have some THC in their system aren’t wrongfully arrested.”
Lynn hopes to have the breathalyzers distributed within the next six months. Hounds Labs is not the only one working on this new technology, though, however, it is the closest to market. Another company, Cannabix Technologies said in a July press release that they are working on a reduced size version of their product.
Other devices like Intelligent Fingerprinting detect traces of sweat from one’s fingertips. Their device is likely to come out next year, according to US News.
“We do have a significant stable of cities and counties that are interested in piloting and thus validating our product for roadside [driving under the influence of drugs] stops,” said Duffy Nabors, vice president of sales and marketing at Smartox, the company that distributes the fingerprint technology.
How does marijuana affect driving?
With all this new technology to test drivers, the next question is how much does marijuana impair drivers? The exact impact of marijuana on driving ability remains a controversial subject. However, while drunk driving is on the decline, driving after consuming marijuana has become more prevalent.
The next question is if there can be a threshold established for marijuana in the same way that alcohol’s threshold is .08. Several studies have been conducted to find out the level of THC that is needed to impair driving ability; however a threshold has yet to be established.
As for driving, marijuana can impair a person’s judgment, motor coordination, the ability to concentrate, and slows down a person’s reaction time. Therefore, using marijuana while driving does pose a significant risk and increases the chance of an accident occurring.
Overall, while more and more states are in the voting stages of marijuana reform, impaired driving remains a serious problem. Driving under the influence of any substance is a major no-no. Do not take this risk. If you are struggling with addiction, do not wait. Call today.
CALL NOW 1-800-951-6135
Author: Shernide Delva
A pharmaceutical company that manufactures a form of the painkiller fentanyl made a $500,000 contribution towards an anti-pot legalization campaign. Pro-marijuana reform advocates believe the company may be trying to “kill a non-pharmaceutical market for marijuana in order to line their own pockets.”
It would be hard to imagine a more controversial donor than Insys Therapeutics Inc. The company, based in Chandler, Arizona, makes a fentanyl sublingual spray called Subsys. Many argue that drug companies like Insys Therapeutics Inc., are eager to keep cannabis illegal to dominate the market with their often dangerous and addictive drugs. The donation from Insys Therapeutics Inc. makes up more than a third of all the funds raised by the group. Advocates for marijuana legalization criticized the contribution, citing a variety of legal issues around the company Insys.
Advocates for marijuana legalizations criticized the contribution, citing a variety of legal issues around the company Insys.
“[Our opponents] are now funding their campaign with profits from the sale of opioids—and maybe even the improper sale of opioids,” said J.P. Holyoak, chairman of the Campaign to Regulate Marijuana Like Alcohol.
“We hope that every Arizonan understands that Arizonans for Responsible Drug Policy is now a complete misnomer. Their entire campaign is tainted by this money. Any time an ad airs against Proposition 205, the voters should know that it was paid for by highly suspect Big Pharma actors.”
In addition to selling Subsys, Insys Therapeutics Inc. has developed Syndros, a synthetic version of THC, the active ingredient in marijuana. The drug received approval from the FDA in July 2016 for the treatment of AIDS and cancer patients.
Still, while the contribution is a victory for the opposition, the initiative itself remains a contest for either side to claim. A recent poll found that 50% of Arizona voters favor
While the contribution is a victory for the opposition, the initiative itself remains a contest for either side to claim. A recent poll discovered 50 percent of registered Arizona voters favor legalization, 40 percent oppose the measure, and 10 percent are undecided
Insys said in a statement that its opposition to the legalization of cannabis was “because it fails to protect the safety of Arizona’s citizens, and particularly its children.”
Furthermore, there have been studies revealing some negative health effects of marijuana. Some of these studies link marijuana to a variety of side effects.
In a report from the American Medical Association, they stated:
“Heavy cannabis use in adolescence causes persistent impairments in neurocognitive performance and IQ, and use is associated with increased rates of anxiety, mood and psychotic thought disorders.”
Many in opposition to marijuana legalization believe the drug can be addictive for some people. Also, some worry about the easy-access child may have to the drug if legalized.
Proposition 205: The Final Verdict
On November 8, 2016, Arizona residents will vote on the ballot regarding Proposition 205:
- A “yes” vote supports this measure to legalize the possession and consumption of marijuana by persons who are 21 years of age or older.
- A “no” vote opposes this measure to legalize the possession and consumption of marijuana by persons who are 21 years of age or older.
Marijuana legalization will continue to be a hot topic across the country. Many believe marijuana legalization would put a strain on the recovery community. Still, when it comes to sobriety, it is up to the individual to commit to the lifestyle of recovery. If you are struggling with any form of addiction, legal or illegal, we can help. Call toll-free today.
CALL NOW 1-800-951-6135
Author: Justin Mckibben
In a historic turn of events for legislators in the home of the Buckeyes, Ohio lawmakers in the House have passed a medical marijuana plan after an extensive debate reaching across both sides of the aisle.
For the years leading up to now the House has opposed plans to legalize marijuana, medicinal or otherwise, despite all efforts put forth by advocates in the area. Now in a surprising turn of events they have approved a plan 71-26 just this Tuesday. The bigger
For the first time members of Ohio’s GOP-controlled House had a serious discussion about medical marijuana after they found themselves feeling the pressure with two medical marijuana efforts working toward the November ballot.
Probably the biggest influence on this shift was that recent polls determined the majority of Ohioans are much more interested in legalizing medical marijuana rather than marijuana for recreational use. The change may have come when they realized with so many issues being taken with Big Pharma and the abuse of prescription drugs, a more progressive push towards alternative medicine might not be as terrible as they once considered.
For House Democratic Representative Dan Ramos from Lorain, this was the focal point of his opinion. Ramos expressed that he believes medical marijuana is a needed alternative to opiates for some chronic pain patients, and cited the opiate epidemic for his reasoning with a dramatic demonstration.
Ramos held up a sheet of paper saying it represented the total number of people who have died of marijuana overdoses…
The paper was blank.
By comparison, he exclaimed that 2,020 deaths were linked to opiates in 2014 – nearly 80% of all overdose deaths. This probably had a profound impact on the lawmakers, seeing as how Ohio has seen a lot of devastation from the opiate epidemic and overdose outbreak in the past few years.
Setting the Boundaries
House Representative Stephen Huffman is actually the bill’s GOP sponsor. Huffman is an emergency room physician from Tipp City, and in talks about medical marijuana he stated this new proposal is what’s best for patients after the U.S. Food and Drug Administration failed to act. After reciting a heavy helping of the Hippocratic Oath that physicians take to care for patients, Huffman passionately argued,
“I am absolutely convinced that there is therapeutic value in medical marijuana. There is absolutely no doubt in my mind.”
Still, Ohio’s GOP-controlled legislature isn’t quite as open to accepting ALL forms of medical marijuana… so don’t get ahead of yourself just yet. The bill sets up stern restrictions, including:
- It would not allow patients to grow marijuana at home
- Patients are not permitted to smoke it
- Employers can still fire employees for having marijuana in their systems, even if it is recommended by a physician
- Tetrahydrocannabinol (THC- the chemical that gives users their “high”) would be limited to 35% of plants and 70% of extracts
However, one of the loopholes for the smokers is that patients could use a vaporizer, which heats marijuana into a gas or stream rather than burning it to smoke. The bill has changed in some noteworthy ways since it was introduced last month. One way is that it specifies about 20 conditions that would benefit from medical marijuana, including:
- Epilepsy or another seizure disorders
- Chronic pain
- Traumatic brain injuries
The commission could add other diseases as needed. Other changes include:
- Allowing parents and caregivers to possess marijuana to administer it to someone else
- Requiring identification cards for patients AND caregivers
- Creating a program to help veterans and others afford medical marijuana
Even with the changes, medical marijuana advocates fear strict restrictions on doctors will deter physicians from recommending medical marijuana to those who could possibly benefit.
The spokesman for Ohioans for Medical Marijuana is Aaron Marshall, and one thing that troubles him about this bill is that while the House seems to be taking at least some action toward alternative medicine, the law should be tailored to benefit patients and not hinder their treatment. Marshall commented,
“If they are going to use the threat of our ballot issue to pass a bill through the House, it should be a patient-focused plan that will actually provide medical marijuana to those in need,”
It is worth mentioning that several of those who opposed the bill did so for reasons concerning the patients, not so much out of an outright opposition to the idea. For example, Democratic Representative Alicia Reece from Bond Hill, along with five other Democrats, voted against the proposal because it fails to protect workers who use medical marijuana recommended by a physician. Reece said she was “torn” on which way to vote. While she believes in the value of the treatment, Reece says she feared more people, especially African Americans, would be sent to jail for small amounts of medical marijuana or fired from their jobs for a testing positive and that they would not be protected by law. Her opinion was simply,
“Should it be a bill or should it be taken to the people and be in the constitution?” I’m always a believer in the people. I always think the people know best.”
Many of the other House lawmakers remain hopeful that the voters will embrace their measured approach over the two ballot initiatives working toward the November ballot. These measures are currently being pushed by Ohioans for Medical Marijuana and Athens-based Grassroots Ohio. They two movements have been working on collecting the 305,591 signatures needed by July 6 to get their own plans on the ballot.
The bill will be going before the Ohio State Senate before long, and minor changes are expected there. Ohio Governor John Kasich could find himself sitting down to sign-off on it by the end of the month, and Kasich himself has said he would support a medical marijuana proposal if it were property written and there was evidence that the need was there.
So, the question becomes will Ohioans prefer this new House approved option over the other two plans outlined by community advocate organizations. Does this plan stand to help provide alternative treatment while effectively preventing drug abuse and other issues associated with drug abuse and addiction? If you or someone you love is struggling with substance abuse or addiction, please call toll-free 1-800-951-6135