At present, combining “adult use” and medical cannabis regimes removes the privilege of immunity from federal prosecution established by the Rohrabacher Amendment, which is now Section 531of the current federal budget. This is not true of state medical cannabis regimes which do not contain provisions which purport to legalize and license possession, cultivation, processing and/or commerce in behavior which “the state itself has identified as being outside its medical marijuana regime.” (US v Bilodeau: US Court of Appeals Cir. 1 (2022)
Beyond that is that we do have our 61 year old treaty obligations under UNSCND that proscribe the use of cannabis except for industrial hemp, medicine and research.
There are at least two models which get us to almost universal access without violating those treaty obligations. One allows pretty much all stakeholders in cannabis a way in and advances the current state of knowledge about the therapeutic applications of cannabis by several decades within five years of implementation. Along the way it provides the opportunity to protect thousands of smallholders.
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