DOJ Disagrees That Gun Ban For Marijuana Users Is Unconstitutional, Is Inhaling Weed Safer Than Tobacco? And More Regs

Oregon Gov. Declines To Establish State Public Bank To Serve Marijuana Businesses

Governor Tina Kotek (D) rejected a proposed bill that sought to establish a 19-member state task force responsible for exploring the potential advantages and drawbacks of establishing a public bank. Such an institution, presented by the State Public Bank Task Force, would have serviced the state's cannabis industry, among other things, reported Marijuana Moment.

Kotek was against the legislation from Reps. Mark Gamba (D) and Jules Walters​ (D), along with Sen. Jeff Golden (D), pointing to "several logistical challenges."

The task force would have focused on examining and advising on the possible advantages and disadvantages that a state public bank could bring to local communities, private sectors and various industries.

DOJ Disagrees With Appeals Court Ruling On Constitutionality Of Gun Ban for Marijuana Users

Meanwhile, the Department of Justice has notified a federal appeals court about its disagreement with a separate court's verdict in a case involving marijuana and gun rights, reported Marijuana Moment. They believe that the recent Court of Appeals for the Fifth Circuit's ruling that banning people who use marijuana from possessing firearms is unconstitutional was flawed and incorrect.

With the one-page brief filed on Friday, the DOJ strives to obtain a favorable outcome in their lawsuit the U.S. Court of Appeals for the Eleventh Circuit is considering and is initially filed by former Florida Agriculture Commissioner Nikki Fried (D). Oral arguments, in that case, are scheduled for next week.

"In deviating from those precedents, Daniels relied on the Fifth Circuit's prior decision in United States v. Rahimi, a case in which the Supreme Court recently granted the government's petition for a writ of certiorari," the document said, referring to a 2022 Supreme Court ruling that says firearm restrictions must be consistent with the historical context of the Second Amendment's original 1791 ratification.

"For the reasons given in the government's brief in this case, Daniels is incorrectly decided and § 922(g)(3) accords with the Second Amendment," DOJ said.

Fried filed a Second Amendment lawsuit against the federal government in April 2022, seeking to allow the state's medical marijuana cardholders to purchase and possess firearms. Fried announced the litigation at the Benzinga Cannabis Capital Conference in Miami Beach earlier that month on the 4/20 cannabis holiday. The event returns this fall in Chicago.

Nebraska Governor Speaks Out Against Weakening Drug-Use Standards For Law Enforcement, At Least For Now

Nebraska Governor Jim Pillen (R) has dismissed a proposal to ease drug-use criteria for individuals seeking to become law enforcement officers in the state, claiming that it may be perceived as "watering down" the standards, reported Nebraska Examiner.

Pillen said that more data that shows that "a significant number" of applicants don't have a chance to join law enforcement due to the current drug-use standards is needed before making any changes to the policy.

"It is, therefore, imperative that we have the necessary data before making a policy change that could be perceived as watering down the standards to become a law enforcement officer in the State of Nebraska," Pillen wrote.

Currently, the regulations dictate that individuals must refrain from consuming marijuana for a duration of 24 months. Additionally, the prohibition extends to narcotics and other substances categorized as "dangerous drugs," necessitating a five-year drug-free period.

Perception Shift: How The Public Views Inhaling Marijuana Smoke As Safer Than Tobacco

Meanwhile, as strict laws around marijuana continue to exist, sentiment around cannabis seems to be changing among the general public.

According to a recent survey, people view smoking marijuana and inhaling secondhand cannabis smoke as safer than inhaling smoking or being exposed to tobacco smoke.

The researchers from the American Medical Association (AMA) asked over 5000 U.S. adults three times over four years about their perception of risks from inhaling both substances, reported Marijuana Moment.

The findings, published in the Journal of the American Medical Association (JAMA) Substance Use and Addiction on Friday, showed that in the period from 2017 to 2021, "views increasingly favored the safety of cannabis vs tobacco smoke."

The Benzinga Cannabis Capital Conference, the place where deals get done, is returning to Chicago this Sept 27-28 for its 17th edition. Get your tickets today before prices increase and secure a spot at the epicenter of cannabis investment and branding.

Photo: Courtesy of succo, mrkukuruznik5 by Pixabay