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Answer: There are presently 10 Registered Organizations (“ROs”) that were set up under the Compassionate Care Act to provide for New York's medical marijuana patients.             Each Registered Organization is “vertically operated” meaning that each RO cultivates, processes, and sells medical...

Answer: 2014 – Compassionate Care Act – Public Health Law, Article 33, PHL 3360 – 3369-E             -set up medical cannabis program for qualified patients who receive a recommendation for cannabis use from a qualified doctor. Under New York law, a medical patient with a certified condition is...

Answer: NEW YORK'S PREVIOUS EFFORTS TO DECRIMINALIZE MARIJUANA 1977 – Marijuana Reform Act of 1977 – Laws of 1977, Ch. 360 -           Creates Penal Law 221 for strictly cannabis related crimes and removing most cannabis offenses (but not concentrated cannabis, hash, etc) from Penal Law 220 wh...

Answer: THE TENTH AMENDMENT             “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people.” U.S. Const. amend. X.              Medical care and what constitutes valid medicine has b...

Answer: The “Gateway Theory” was formulated and promoted by the Drug Enforcement Administration (DEA) for decades touting the theory that marijuana use was a ‘gateway' for consumers to be introduced to and become abusers of harder drugs like heroin, PCP, cocaine, and other illicit substances. Th...

Answer: ORIGINS OF STATE ACTION THAT SERVE TO NULLIFY FEDERAL SUPREMACY **2020- Amicus brief submitted by Andrew Schriever, Esq., and David C. Holland, Esq, in Washington v. Barr details the history of state nullification and how the United States Supreme Court should invoke the doctrine of es...

Answer: Ogden Memo - October 19, 2009 - Deputy Attorney General gave guidance advice to US Attorneys in districts which have Medical Marijuana advising to conserve prosecutorial resources and not target medical patients who are purchasing and consuming in accordance with the state law where they...

Answer: A.G. ABILITY TO RESCHEDULE WITHOUT ACT OF CONGRESS             The CSA allows the Attorney General to reschedule a drug if he finds that it does not meet the criteria for the schedule to which it has been assigned. 21 U.S.C. § 811(a); See also, Alliance for Cannabis Therapeutics v. Dru...

Answer: The Controlled Substances Act of 1970– 21 U.S.C. §801-971.             DRUG SCHEDULING CLASSIFICATIONS - The CSA classifies drugs into Schedules I through V. A drug is classified as a Schedule I controlled substance when: (i) the drug or other substance has a high potential for abuse; ...

Answer: Many question whether (a) a domestically cultivated industrial hemp crop, (b) from which CBD is extracted and packaged, (c) all occurring within the state of New York State, falls under the FDA's jurisdiction over “interstate commerce”.  The short answer is Yes.  The power to regulate c...

**For a comprehensive discussion on Supremacy, Nullification, and whether the Government can be restrained from enforcing the Schedule I designation of cannabis under the CSA, please see the synopsis and internal links to the Amicus Brief filed in Washington v. Sessions, please look here: Filed A...

Answer: “The Constitution, and Laws of the United States which shall be made in Pursuance thereof...shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” U.S. Const. Art. VI.

Answer:  NEW YORK HISTORY OF PROHIBITION             1927 – Narcotic Drug Control Law of 1927 – Act to amend the Public Health law to remove habit forming drugs and assert control over narcotic drugs. Laws of 1927, Ch. 672 -Amends Article XXII of Public Health Law and creates provisions regard...

Answer: Rise of racism and targeted propaganda. End of Mexican Revolution resulted in many Mexican immigrants coming into US in 1910, articles in the New York Sun, Boston Daily Globe and other papers decried the "evils of ganjah smoking" and suggested that some immigrants used it "to key thems...

Answer: Prehistoric Chinese corpse from 2400-2800 B.C., found shrouded and entombed in cannabis leaves. Archeologists found similar cannabis fragments in other tombs leading them to believe that “cannabis was used by the local central Eurasian people for ritual and/or medicinal purposes” durin...

ANSWER:  The cannabis plant is highly versatile and its uses span millenia: Oldest hemp rope – 29,000 B.C. – found in Czech Republic https://www.rxleaf.com/2700-year-old-weed-stash-found-in-ancient-tomb-and-still-good/ British colonies in the Americas were required to grow hemp for trade...

Answer: Cannabis plants come in two forms, Hemp Cannabis and THC Cannabis, both of which are from the Cannabis Sativa L. plant. The only difference between those plants is the amount of tetrahydrocannabinol- Delta 9 (THC) which is the cannabinoid that gets people “high”. Under the federal 2018 F...