U.N. Reclassifies Cannabis as a Less Dangerous Drug
A United Nations commission voted to remove marijuana for medical use from a list of the most risky narcotics, such as heroin.
A United Nations commission voted on Wednesday to remove cannabis for medicinal purposes from a category of the world’s most dangerous drugs, a highly anticipated and long-delayed decision that could clear the way for an expansion of marijuana research and medical use.
The vote by the Commission for Narcotic Drugs, which is based in Vienna and includes 53 member states, considered a series of recommendations from the World Health Organization on reclassifying cannabis and its derivatives. But attention centered on a key recommendation to remove cannabis from Schedule IV of the 1961 Single Convention on Narcotic Drugs — where it was listed alongside dangerous and highly addictive opioids like heroin.
Experts say that the vote will have no immediate impact on loosening international controls because governments will still have jurisdiction over how to classify cannabis. But many countries look to global conventions for guidance, and United Nations recognition is a symbolic win for advocates of drug policy change who say that international law is out of date.
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“This is a huge, historic victory for us, we couldn’t hope for more,” said Kenzi Riboulet-Zemouli, an independent researcher for drug policy who has closely monitored the vote and the position of member states. He said that cannabis had been used throughout history for medicinal purposes and that the decision on Wednesday reinstated that status.
The change will most likely bolster medical research and legalization efforts around the world.
The vote was a “big step forward,” recognizing the positive impact of cannabis on patients, said Dirk Heitepriem, a vice president at Canopy Growth, a Canadian cannabis company. “We hope this will empower more countries to create frameworks which allow patients in need to get access to treatment.”
Marijuana for medical use has exploded in recent years and products containing cannabis derivatives like cannabidiol or CBD, a nonintoxicating compound, have flooded the wellness industry. Cowen, an investment and financial services company, estimates that the CBD industry in the United States will be worth $16 billion by 2025.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS.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.
Six states had marijuana ballots that were voted on. 4 states are voted on adult-use (recreational) cannabis legalization and two states had medical marijuana ballots.
Arizona, Montana, New Jersey, and South Dakota have legalized marijuana for adults 21 and older, as voters in each state approved their respective ballot initiatives at the ballot box. South Dakota also passed a medical marijuana initiative and became the first state in American history to enact both policies on the same day.
Below are links to in-depth details regarding the state, the ballot, the supporters, the donors, history and so much more from Ballotpedia. This website you could go in and never come out – there is so much past and current organized political data. Please donate and keep this entity running.
Starting A Cannabis Business? You will require legal guidance Komorn Law provides legal guidance and consultation to those interested in Cannabis businesses. Call Our Office 248-357-2550 or Google Komorn Law and do your research.
The following states had recreational ballots for 2020.
Proposition 207 also allowed anyone convicted of certain marijuana-related crimes related to possession, consumption, cultivation, and transportation to petition for the expungement of their criminal record starting on July 12, 2021.
See more in-depth details about South Dakota and electionshere.
Meanwhile…in Oregon
Oregon
Oregon voters considered two separate drug reform measures.
Measure 109 basically would legalize the medical use of psilocybin.
Measure 110 basically decriminalizes the personal possession of small amounts of illicit drugs, including but not limited to:
Cocaine
Heroin
Oxycodone
Methamphetamine.
It also reduces the penalties for possessing larger amounts.
Supporters say the objective is to remove those who are addicted to drugs out of the criminal justice system and to treat their addiction as a medical issue.
Measure 109 created a program for administering psilocybin products, such as psilocybin-producing mushrooms and fungi, to individuals aged 21 years or older. As of 2020, the manufacturing and consumption of psilocybin is illegal.
The Oregon Health Authority (OHA) will be responsible for establishing the program and creating regulations. OHA has a two-year period to develop the program. An Oregon Psilocybin Advisory Board (OPAB) advise the OHA. Clients would be allowed to purchase, possess, and consume psilocybin at a psilocybin service center and under the supervision of a psilocybin service facilitator after undergoing a preparation session. Under Measure 109, the Oregon Health Authority (OHA) determines who is eligible to be licensed as a facilitator, determine what qualifications, education, training, and exams are needed, and create a code of professional conduct for facilitators. OHA would set psilocybin dosage standards and labeling and packaging rules.[1]
Measure 109 allowed cities and counties to place referendums on local ballots to prohibit or allow psilocybin-product manufacturers or psilocybin service centers in unincorporated areas within their jurisdictions. The measure prohibited psilocybin service centers within the limits of an incorporated city or town.
The measure reclassified personal/non-commercial drug possession offenses. Possession of a controlled substance in Schedule I-IV, such as heroin, cocaine, and methamphetamines, was reclassified from a Class A misdemeanor to a Class E violation resulting in a $100 fine or a completed health assessment. Individuals who manufacture or distribute illegal drugs are still subject to a criminal penalty. The Oregon Criminal Justice Commission estimated that convictions for possession of a controlled substance would decrease by 3,679 or 90.7%
Marijuana is fully legalized and retail sales are ongoing
Following the green sweep on election night, there are now 15 states that have given a thumbs-up to recreational and medical marijuana. But not all of them are currently selling the product. Right now, 10 states have waved the green flag on the sale and consumption of adult-use weed (listed alphabetically):
Alaska
California
California is the most populous state in the country and the most valuable marijuana market in the U.S. (and world). Though estimates vary, the Golden State could be raking in up to $11 billion in annual sales by 2030.
Colorado
Illinois
Maine
Despite legalizing adult-use cannabis in November 2016, it took Maine until Oct. 9, 2020 to officially launch the retail sale of recreational pot. Illinois also stands out as the first state to legalize the recreational consumption and sale of marijuana entirely at the legislative level.
Massachusetts
Michigan
Nevada
Oregon
Oregon becomes 1st state in the US to decriminalize drug possession.
Voters were trippin’ in the West Coast state, approving two landmark measures — one to legalize psychedelic mushrooms and another that decriminalizes small amounts of illegal drugs.
Measure 109 passed with more than 56 percent of the vote, making Oregon the first state in the nation to allow supervised use of psilocybin, or magic mushrooms. It will allow for regulated use of ‘shrooms in a therapeutic setting.
Measure 110 was passing by a wide margin in unofficial returns updated Wednesday morning.
Selling and manufacturing drugs will remain illegal. Unless you are the government collecting taxes or using to keep part of the population addicted to hand outs.
Funding those programs some claim will come through the reallocation of tens of millions of dollars generated by Oregon’s cannabis tax.
The best part of it all. The measure also is likely (air quotes) to create savings in the criminal justice system because of fewer drug arrests, prosecutions and incarcerations. Those savings would be redirected into a new state fund for treatment and other services.
Washington
States that cannabis has been fully legalized, but retail sales haven’t yet commenced
That leaves five states that have passed legislation or voted to legalize adult-use cannabis (on top of medical use), but which haven’t yet opened retail locations. These five states are:
Arizona
Montana
New Jersey
South Dakota
Vermont
Medical marijuana is legalized, but adult-use weed is illegal
After the 15 states that’ve legalized both recreational and medical cannabis, 21 additional states have waved the green flag solely on medical marijuana. In alphabetical order, these states are:
Arkansas
Connecticut
Delaware
Florida
Hawaii
Louisiana
Maryland
Minnesota
Mississippi
Missouri
New Hampshire
New Mexico
New York
North Dakota
Ohio
Oklahoma
Pennsylvania
Rhode Island
Utah
Virginia
West Virginia
Finally, there are 14 states where cannabis is illegal… period! These states are:
Both recreational and medical marijuana are illegal
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.
The IRS has a web page for marijuana business owners to pay their taxes. But first…
CCE in Michigan
Marijuana is still a controlled substance schedule 1 in Michigan even though the people voted to legalize it. There is a reason for that some will learn soon enough. Anyhow… The State and the IRS have conspired and Joined the CCE to take their cut.
A CCE in Michigan is a 20 year felony. If you’ve ever been threatened by a prosecutor for a CCE don’t be mad… it is what it is…right…? The times they are a changing…right?
But wait there’s more… prosecutors have to throw racketeering and conspiracy on there too as well as whatever else they can throw against the wall to see what sticks…and you… well you have to defend yourself and the more charges the more you have to pay to defend yourself. It’s a war of attrition and the prosecutors have unlimited funds.
Sec. 159i. (1) A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or indirectly through a pattern of racketeering activity. (2) A person shall not knowingly acquire or maintain an interest in or control of an enterprise or real or personal property used or intended for use in the operation of an enterprise, directly or indirectly, through a pattern of racketeering activity. (3) A person who has knowingly received any proceeds derived directly or indirectly from a pattern of racketeering activity shall not directly or indirectly use or invest any part of those proceeds, or any proceeds derived from the use or investment of any of those proceeds, in the establishment or operation of an enterprise, or the acquisition of any title to, or a right, interest, or equity in, real or personal property used or intended for use in the operation of an enterprise. (4) A person shall not conspire or attempt to violate subsection (1), (2), or (3).
Sometimes known as The Kingpin Statute or the Continuing Criminal Enterprise Statute (CCE) is a federal law, which is focused on persons who may be considered “drug lords” or maintain a supervisory role in drug trafficking on a substantial basis. The CCE statute usually targets organized crime or drug “kingpins.”
Continuing Criminal Enterprise Defined in 21 U.S.C. 848, (gender specific)
(a)Penalties; forfeitures
Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title; except that if any person engages in such activity after one or more prior convictions of himunder this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title.
(b)Life imprisonment for engaging in continuing criminal enterprise
Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if—(1)such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and
(2) (A)the violation referred to in subsection (c) (1) involved at least 300 times the quantity of a substance described in subsection 841(b)(1)(B) of this title, or
(B)the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 841(b)(1)(B) of this title.
(c)“Continuing criminal enterprise” definedFor purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—(1)he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2)such violation is a part of a continuing series of violations of this subchapter or subchapter II—(A)which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B)from which such person obtains substantial income or resources.
(d)Suspension of sentence and probation prohibited
In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24–203—24–207), shall not apply.
(e)Death penalty
(1)In addition to the other penalties set forth in this section—(A)any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A)[1] of this title or section 960(b)(1)[1] of this title who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and(B)any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this subchapter or subchapter II who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer’s official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death.
For the purposes of subsection (b), in the case of continuing criminal enterprise involving methamphetamine or its salts, isomers, or salts of isomers, paragraph (2)(A) shall be applied by substituting “200” for “300”, and paragraph (2)(B) shall be applied by substituting “$5,000,000” for “$10 million dollars”.
So the IRS will take your money – They will even take cash because you can’t bank because it is still considered an illegal business. Here are their instructions.
Hopefully they will spend it wisely… or not.
Enter… the IRS
A key component in promoting the highest degree of voluntary compliance on the part of taxpayers is helping them understand and meet their tax responsibilities while also enforcing the law with integrity and fairness to all. This article provides general guidance including frequently asked questions for taxpayers in the marijuana industry.
I.R.C. § 280E and the Marijuana Industry
Businesses that traffic marijuana in contravention of federal or state law are subject to the limitations of Internal Revenue Code (IRC) Section 280E. The Marijuana Industry FAQs, linked below, address federal tax filing and information report requirements specific to taxpayers in this industry.
Income Reporting
Income from any source is taxable and taxpayers are generally required to file a tax return to report that income to the IRS. Many marijuana-industry businesses conduct transactions in cash, which need to be reported, like any other form of payment. See Publication 334, Tax Guide for Small Business, for more details.
Cash Payment Options
Cash payment options are available for unbanked taxpayers. Some IRS Taxpayer Assistance Centers accept cash. Call 844-545-5640 for a location near you to schedule an appointment. Publication 5435 (PDF) provides additional details about cash payment options.
Large Cash Amounts
Any person in a trade or business who receives more than $10,000 in cash in a single transaction or in related transactions must file Form 8300 (PDF), Report of Cash Payments Over $10,000 Received in a Trade or Business, within 15 days after receiving payment.
Estimated Payments
Small business taxpayers often need to make quarterly estimated tax payments to cover their tax obligation. Form 1040-ES, Estimated Tax for Individuals, will help to figure these payments. IRS Direct Pay is the fastest and easiest way to make these payments. The Treasury Department’s (EFTPS) system is also an option.
Records
Good records assist in monitoring a business’s progress, tracking deductible expenses and can substantiate items reported on tax returns. A good recordkeeping system includes a summary of all business transactions. Generally, it is best to record transactions daily.
Starting A Cannabis Business? You will require legal guidance Komorn Law provides legal guidance and consultation to those interested in Cannabis businesses. Call Our Office 248-357-2550 or Google Komorn Law and do your research.
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.
A recently released report from a branch of the U.S. Treasury Department states the Internal Revenue Service is preparing to launch an increase in marijuana industry audits nationwide, However, it also offers a possible way for marijuana companies to skirt federal taxes.
The IRS is closely monitoring the marijuana industry and intends to target companies that have failed to pay their full federal tax obligations.The agency has plans to enforce the collection of those taxes.
The report – written by the Treasury Inspector General for Tax Administration (TIGTA) – found there are likely hundreds of millions of dollars in unpaid taxes owed by the marijuana industry under Section 280E of the Internal Revenue Code, which prohibits standard business deductions by companies that traffic in federally illegal drugs, including marijuana.
26 U.S. Code § 280E.Expenditures in connection with the illegal sale of drugs
No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted.
Definition of Controlled Substance Schedules
Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) §§1308.11 through 1308.15. Substances are placed in their respective schedules based on whether they have a currently accepted medical use in treatment in the United States, their relative abuse potential, and likelihood of causing dependence when abused. Some examples of the drugs in each schedule are listed below.
Schedule I Controlled Substances
Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse.
Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (“Ecstasy”).
Schedule II/IIN Controlled Substances (2/2N)
Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence.
Examples of Schedule II narcotics include: hydromorphone (Dilaudid®), methadone (Dolophine®), meperidine (Demerol®), oxycodone (OxyContin®, Percocet®), and fentanyl (Sublimaze®, Duragesic®). Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone.
Examples of Schedule IIN stimulants include: amphetamine (Dexedrine®, Adderall®), methamphetamine (Desoxyn®), and methylphenidate (Ritalin®).
Other Schedule II substances include: amobarbital, glutethimide, and pentobarbital.
Farmington Hills, MI-based Attorney Michael Komorn who has represented the medical marijuana businesses and recreational cannabis licensing and legal defense stated “Here they come like we knew they would… so now is the time to prepare.”
LANSING, MI — Michigan courts and police continue to work within a gray created by state marijuana legalization that contradicts federal law.
Not only are lines blurred by conflicting jurisdictional laws, and complicated by the division of the state’s medical and recreational statutes, but Michigan courts operate, in part, based on precedents established under the now-faulty premise that marijuana is illegal.
A court ruling could help to tidy things up a bit. The Court of Appeals in an opinion published Feb. 13, 2020 ruled that, while police must have more evidence than simply the scent of marijuana to justify a warrant-less vehicle search, lying or deceiving police may change that.
In November 2018, Trooper Allan Park of the Michigan State Police stopped medical marijuana caregiver Thomas Moorman at a gas station in the Upper Peninsula’s Alger County for speeding.
Park claimed he smelled “a strong odor of fresh marijuana emanating from the vehicle, which indicated to him that there was a ‘good quantity’ of marijuana in the vehicle,” the Court of Appeals said in their ruling.
Moorman said he had no marijuana but as questioning persisted, he admitted that he harvested some marijuana earlier in the day. He also told the trooper he was a registered medical marijuana caregiver with five assigned patients, the Court of Appeals said.
The court ruled. ” … We conclude that defendant’s behavior (denying the presence of marijuana) was inconsistent with being in lawful possession of marijuana … This behavior, in conjunction with the odor of marijuana, gave rise to probable cause …
The court did not address how possession of recreational marijuana might impact an officer’s right to conduct a vehicle search.
“[U]nder the automobile exception, the police may search a motor vehicle without the necessity of first obtaining a warrant if probable cause to support the search exists.”
In Kazmierczak, this Court held that “the smell of marijuana alone by a person qualified to know the odor may establish probable cause to search a motor vehicle, pursuant to the motor vehicle exception to the warrant requirement.” Kazmierczak, 461 Mich at 413.
