June 28 (UPI) — Federal regulations on marijuana may “no longer be necessary” as individual states enact their own laws on its use and sale, Supreme Court Justice Clarence Thomas wrote in an opinion Monday.
Thomas, one of the high court’s most conservative justices, cited what he called the federal government’s “half-in, half-out” approach that “simultaneously tolerates and forbids local use of marijuana” and concludes that federal pot laws and policies may now be obsolete.
“A prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the federal government’s piecemeal approach,” he wrote in dismissing the appeal of a Colorado medical marijuana dispensary that was denied federal tax breaks.
In the case, Standing Akimbo vs. United States, the dispensary argued that it is prohibited by the Internal Revenue Service from deducting certain business expenses — as other businesses are allowed — even though it operates in Colorado, where marijuana use is legal.
The reason is an IRS public policy provision that bars such deductions for companies dealing in controlled substances.
With 36 states now legally allowing marijuana for medical use and 18 for recreational use, Thomas wrote that the case illustrates a growing disconnect between federal and state laws.
Since the Supreme Court upheld federal marijuana laws in 2005, Thomas said the legal landscape has greatly changed. Further, he said, the Justice Department since 2009 has declined to intrude on state legalization efforts or prosecute those who comply with state laws.
https://www.upi.com/Top_News/US/2021/06/28/supreme-court-clarence-thomas-marijuana/1951624899877/
Komorn Law Social Media
Recent Posts
- Michigan House Bill NO. 4391
- Legal Tip – Your Rights During a DUI Stop in Michigan
- How to create and share a Dropbox link
- Smell of marijuana no longer legal grounds for search
- Michigan Forfeiture News Articles
- What Happens When the Government Takes Your Property?
Tag Cloud
2021 BMMR cannabis CBD corruption. prosecutors dispensary Driving DUI forfeiture gun rights hemp komornlaw lara law enforcement abuse laws Legalization marijuana Medical Marijuana Michigan michigan laws michigan news MMFLA MRA news police politics science usa news us supreme court Your Rights
DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
