CANNABIS VILLAGE - The Federal Cannabis lawsuit and why the controlled Substances Act is going up in smoke

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Video in TIB AV-Portal: CANNABIS VILLAGE - The Federal Cannabis lawsuit and why the controlled Substances Act is going up in smoke

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CANNABIS VILLAGE - The Federal Cannabis lawsuit and why the controlled Substances Act is going up in smoke
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The Ongoing Federal Lawsuit Against Jeff Sessions
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You are free to use, adapt and copy, distribute and transmit the work or content in adapted or unchanged form for any legal purpose as long as the work is attributed to the author in the manner specified by the author or licensor.
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2018
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Michael is the founding and managing principal of Hiller, PC. He has built a career on fighting for his clients against large institutions, multi-national corporations, and state and local governments, with specialties including Commercial Litigation, Land-Use, Insurance, and Cannabis. He’s won numerous awards and designations in recognition of his achievements on behalf of community groups, neighborhoods, and corporate clients. Michael - helping represent some professional athletes, military vets, and parents who wish to treat their children with CBD derived products - is currently involved in a federal lawsuit against the US Attorney General, Jeff Sessions regarding the scheduling, or classification, of Cannabis. This lawsuit challenges the constitutionality of the Controlled Substances Act as it pertains to Cannabis/Marijuana. In a 90-page Complaint, attorneys representing five plaintiffs maintain that the CSA, in classifying Cannabis as a Schedule I drug, is so irrational that it violates the U.S. Constitution.
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all right everyone next speaker up is Michael Hiller he's an attorney based in Manhattan is that accurate and he does a lot of he does a lot of work in cannabis but really he does a lot of work in a lot of fields and a lot of his very interesting as I found out but today he's going to talk about the lawsuit regarding federal legalization that's right so without further ado yeah hey guys how you doing I'm Michael Hillier and I'm here to talk about the lawsuit we brought against Jeff Sessions and the Justice Department to decriminalize cannabis across the United States thank you just just a little bit of background about me I was a constitutional law professor for eight years and I'm now principal of Hill or PC we represent the cannabis industry throughout the United States and it's our it's our desire and goal to legalize cannabis make it available to whomever wants it in order to talk about the lawsuit we have to go back up a little bit in time to 1970 in 1970 the Nixon administration drafted and then pushed through Congress legislation the Controlled Substances Act which criminalized cannabis which criminalized cannabis and pushed it into Schedule one of a five scheduled framework which essentially made it illegal to possess you sell or distribute cannabis and it renders possession sale distribution of cannabis a felony with a five-year minimum prison term and that law still exists today not only does the law exists but the scheduling and classification of cannabis still exists today notwithstanding everything you've heard or read about cannabis so what are we talking about how is it illegal and federally when in fact in state law there are now 30 states that have some
form of legalization program medical marijuana is available in 30 states throughout the United States and just to give you a sense of perspective here over 200 million Americans today live in a state where there's some form of legalized cannabis and of those 30 states there are 10 I'm sorry there are nine where cannabis is legal not only for medical use but for any use adult use recreational use and for those of you are curious Nevada
is one of them so I know what we're all doing tonight party at my ass so what's interesting about this is how is it that cannabis is illegal on the federal level but there are thirty states with over two hundred million Americans living in states where cannabis is legal for medical purposes and over 90 million Americans including the forty million live in California which is the fifth largest economy in the world how is it legal for recreational use there that doesn't make any sense and if you think about it over the course of our of America's history there's the federal there's the federal government and then there's state governments right and the way it works under our Constitution is if something is illegal under federal law state law can't make it legal that's something called the Supremacy Clause and the federal government has enforced the Supremacy Clause consistently for over 200 years but clearly that's not what they're doing now so why aren't they doing it now well let's just back this up for a second and talk about what the federal government is doing because it's illegal under under federal law it's legal under 30 state laws how is that possible well the federal government the Congress specifically enacted legislation beginning in 2014 which are basically funding riders to every piece of appropriations legislation what that is to being done what's being done is Congress has defunded the Justice Department from prosecuting any claims against state legal medical marijuana use in states where it's legal so that means that even though the just Department may want to enforce the Controlled Substances Act it simply lacks the funds with which to do so and so what that basically means is that even though the federal government has made it illegal they can't enforce the law so what does that really mean in real life you're thinking yourself well if that's the case I don't have to worry about cannabis because if I live in a state where it's legal I don't have to worry about it the problem you have is that it can change on a dime right now the Attorney General the United States jeff sessions feel free to hiss if you'd like jeff sessions thank you very much sessions has made it clear from the very moment he took his oath of office that it's his desire to ban cannabis across the United States and why does he want to do that because he says that he used to like the KKK until he found out they smoked weed that's a direct quote from 1986 he actually said that in addition Jeff sessions has also said that good people don't smoke marijuana from his perspective everybody who smokes weed is a is a pothead druggie reefer madness is gonna go out and kill the world clearly Jeff Sessions doesn't know what he's talking about but what else is new so the big problem is that they could switch this anytime they want because these funding writers last only a year so 2014 15 16 and 17 it was renewed on time every year in 2018 they waited two weeks so for two weeks believe it or not every cannabis program in the United States was actually at risk and think about this what does that mean for people who have cannabis businesses how many people have a cannabis business now just one guys get out there and get okay so the thing about investing in cannabis businesses is if you've poured a lot of capital into a cannabis business and all of a sudden the United States government decides to revoke the funding writers then the United States government can start prosecuting you for selling cannabis or distributing it and not only just selling and distributing cannabis but think about the ancillary businesses right security lab testing extraction all of those businesses you threw tons of money in you'll lose it so that's why it was really critical for us to go out and file a lawsuit against Jeff Sessions and the Justice Department and the DEA to stop them from prosecuting people from cannabis to stop them from changing their minds and there's something else to consider let's go back to the map now
just take a look for a second example at Colorado let's say you you lived in Colorado and you wanted to go to the east coast how could you do it now your first thought is I jump on a plane but you can't why because the rule about the federal government not enforcing cannabis only applies in states where it's legal and you're acting in a conformity with state law so if you get on an airplane which is regulated by the FAA the federal government and they catch you with cannabis you can be prosecuted on the CSA with the five-year minim minimum it's for real in addition let's say okay I won't take a plane I'll take a train trains are federally regulated - okay even federal roads are regulated so you go on state roads okay now I'm gonna take a state road no problem try to make your way from Colorado to the East Coast you can't do it you're gonna have to go through Missouri a little bit and and you're really taking a risk there in Missouri they'll prosecute the heck out of you so there really is no way to go so I represent people all across the United States who can't leave their home states because some of them need cannabis to live and they have to have it on them like an EpiPen like if you are allergic to peanuts and you have an EpiPen I have clients who need cannabis on them at all times because they have epileptic conditions which require cannabis to relieve their symptoms and if they don't they could die so we needed to file a lawsuit against Jeff Sessions and the Justice Department to get them to change their minds because lord knows that's the only way to do it why well because in the United States government they simply don't have it together I'm looking at my next slide and it looks like it's incomplete
okay I'm sorry guys there we go alright
so let me back up for a second so the United States government has the law about cannabis and we've got to do something about it so what we did was we sued on five grounds the first one was that the unit that the Controlled Substances Act and the designation of cannabis is so irrational that it violates the Constitution now you would think that the Constitution that the Constitution would prohibit Congress from passing stupid laws but it actually doesn't Congress can pass ill-conceived laws poorly poorly drafted laws laws that don't represent good public policy but what they cannot do is they can't pass a law that simply makes no sense and one of our arguments our principle argument is can the laws governing cannabis make no sense and I'll talk about that in a minute the second claim we have is that cannabis and you heard this from the prior presentation if you were here can the laws against cannabis are rooted in racism and discrimination and efforts to suppress people's political and civil rights in addition Canada the laws against cannabis believe it or not deprive you of your free speech your right to travel and your rights under the Commerce Clause so let's unpack the first how is it that cannabis the laws governing cannabis are so irrational that they violate the Constitution well to be a to be regulated the way cannabis is it has to be regulated in what's called Schedule one the Controlled Substances Act has five schedules and the first schedule is the one that's the most serious it's the one where they have the drugs that are supposedly the most dangerous which drugs run schedule one ecstasy heroin cannabis now as you can imagine you think of heroin you think of cannabis you think very different drugs right you take heroin you're instantly addicted it changes your life forever the first time you take it cannabis of course not it's ridiculous but just think for a second what you need to have in order to be a Schedule one drug when you see the three Schedule one requirements you're gonna think oh heroin that makes sense cannabis not so much so these are the three requirements number one cannabis has to be subject to high levels of abuse which the government says is coextensive with addiction physical addiction think heroin of course second it has to have no medical benefits whatsoever cannabis has to have no medical benefits whatsoever and lastly it has to be so dangerous that any use even under strict medical supervision causes extreme danger to the person using it so you look at this and you think how could cannabis be on that list because it has to be all three how could Congress have placed this on the list
there's your answer they're a bunch of clowns get me the Congress should never have put this on the list it doesn't belong cannabis doesn't belong on the list and so we recognized very early on when we started studying the issue that the last thing we're gonna do is try to go to Congress and try to get them to change so we went to court and we filed
an action which is entitled Washington vs. sessions Washington is Marvin Washington former super bowl champion of the Denver Broncos he was also a player on the Jets and you made the wise decision to leave that team so he wanted to go to one that wins and he we all I'm from New York by the way at full disclosure that's why I know so we also represent a number of other people who desperately need cannabis to live Alexis Bartel who suffers from intractable epilepsy a little boy named Jagger caught who suffers from Lees lead disease the cannabis cultural Association and a Jose Belen and for those of you at the last presentation they were the prior speakers held up a magazine that said weed Newsweek the story is actually about Jose Belen is an Iraq war veteran all of his buddies were killed right in front of me he developed post-traumatic stress disorder wanted to kill himself and amazingly once he started cannabis all of his symptoms went away so we filed a lawsuit and we argued as again that cannabis makes no sense the laws make no sense to criminalize cannabis so let's go back to
those three requirements and I'll show how it doesn't make sense I want for today just focus on number two and number three it has to have no medical benefits whatsoever and it has to be so dangerous it can't be used even under strict medical supervision okay so here's reveal number one the
United States government owns a medical patent on medical cannabis let me say that again the United States government since 2002 has held a medical marijuana cannabis patent can you fucking believe that it's mind-boggling not to get a patent in the United States you have to show that it has some utility that it has actually works so the United States government
did that the United States government represented to the United States Patent and Trademark Office that cannabis helps treat Parkinson's disease Alzheimer's disease HIV induced dementia autoimmune diseases inflammatory diseases and not only that after that the United States government went to the World Intellectual Property Organization and got an international patent and then licensed medical marijuana all over the world that's right you can actually get american-made marijuana overseas but you can't get it here well actually you can a little bit I'll talk to you about that in a second but the point is let's go back for a second to that number two has
no medical application whatsoever you
got to be kidding me they have one that says it does have medical and it's the United States government and if that's what all I had I think it'd be enough but I have more in addition would you believe that beginning in 1976 the United States government started growing and distributing cannabis and distributing it to patients all over the country pursuant to the investigational new drug program the United States government actually distributes thirty to forty thousand joints worth of cannabis every year and if you want to see where the United States government gets its grow go to University of Mississippi that is
the federal government stash at the University of Mississippi you can actually look and see the government's grow there and so you think yourself wait a second how can the government say it has no medical benefits whatsoever but they are selling they're distributing cannabis to patients through this investigational new drug program you got me if you know the answer to that question but I'll take you one step further in order to be part
of the investigational new drug program number one the FDA has to believe that there is no reasonable basic and in order in order for the FDA to include it there must be some evidence some reasonable basis to conclude that the drug is effective and also that including it in the drug program will not harm people well if the government believes that cannabis is not going to harm people actually could have some medical benefit well then why is it a Schedule one drug which is supposedly
has no medical applications whatsoever and is too dangerous and medical treatment even or district medical supervision and by the way so that you all know there's no medical supervision in the investigational new drug program they simply send out the weed that's the way it works and how hard enough I'm
telling it's crazy in 1988 there was a huge dispute between advocates in support of medical cannabis and the federal government they started a lawsuit and a study was generated in 1988 thirty years ago and at the end of that study here's what the results were
marijuana has a currently accepted medical use in treatment in the United States it would be unreasonable arbitrary and capricious to find otherwise nineteen eighty eight thirty years ago they found this that it's currently accepted medical use marijuana
and it's natural form is one of the safest therapeutically active substances known to man now you might say well who who commissioned the study was that some pot lover was it some pot supportive scientist the administrative law judge
Francis Young the United States government has a judge who made this finding during a contested proceeding and if that weren't enough if it weren't enough that the United States government has a federal patent a medical marijuana patent has its own stash pursuant to which it distributes 30,000 to 40,000 joints worth of weed every year after it's after growing it at its a at its a stash operation in the University of Mississippi and if it weren't enough that there weren't the study how about this On June 26 this year the United
States government approved the first medical cannabis drug through the Federal Drug Administration the Food and Drug Administration this is actually a press release from the US FDA and you know what it's for the treatment of its four epileptic seizures children so you think to yourself oh my god they're gonna be saving kids well in my lawsuit when we brought this action you know what the defense was from the federal government marijuana should be
classified as a schedule 1 substance because it might be abused by or cause harm to minors so the first FDA drug cannabis drug was approved to help minors meanwhile they're saying that it could kill minors again it simply makes no sense and this is literally the tip of the iceberg if I had two hours I can
give you a lot more but there's a lot of other evidence here there's the Shafer Commission report the shaver Commission report was commissioned by the Nixon administration and governor Shafer was the law and order governor from the from Pennsylvania he was gonna come in he was Nixon's buddy and he was going to find that cannabis was too dangerous to distribute unfortunately for President Nixon Shafer came back and said we think we should decriminalize cannabis in addition there's something called the coal membrane where the United States government for five years specifically instructed US attorneys not to prosecute cannabis users and and and businesses because they felt that it was better to use their time and resources elsewhere the abdomen Miranda was an extension of the Cole memorandum the United States Surgeon General in 2014 announced on national television that cannabis constitutes an effective drug for the treatment of disease the
DEA was forced to remove language from its website that cannabis is a gateway drug what happened was some really smart lawyer came up and said it wasn't me by the way some police smart lawyer came up and said you know what this gateway drug thing that violates the internet the the Internet the information quality Act which requires that all government websites include truthful information and it was not true that cannabis was a gateway drug they sued and they got everything removed in addition even though the investigational new drug program is not supervised by the federal government Missoula the University came up with a study and confirmed that every single person who took medical cannabis distributed by the federal government pursuant to the investigational new drug program started in 1976 everyone got better every single person got better I talked to you about the funding riders the United States government has defunded the Justice Department Congress allowed the District of Columbia to legalize cannabis now the thing about that is that Congress actually had the power to stop it from happening but Congress specifically chose not to do so and DC has a recreational cannabis program so you might think to yourself well when did this happen is this all recent like how did cannabis how did people start using cannabis and when did people start thinking about in the United States you never believe who the one of the most prominent hemp farmers in the history of United States is George
Washington was a hem farmer and he talks in his diaries and correspondence about how much he enjoyed smoking his sweet hemp sweet hemp was what colonists and pre of pre-constitutional Americans used to call weed sweet hemp and it not just him Thomas Jefferson was a very
successful hemp farmer James Madison
actually said that SUIM hemp was how the framers was was one of the one of the things he used to inspire him to draft the Constitution and it's not just those
presidents lots of presidents smoked hi and don't believe Bill Clinton he inhaled and Barack Obama said that he inhaled Barack Obama said he inhaled you know why because that was the point Jimmy Carter smoked weed George W Bush smoke weed and don't believe anything you hear Ronald Reagan George HW Bush and the guy who's in the White House now they've all smoked weed and you know what they've all lived to tell about it and I can tell you that when you look at a cannabis the United States I mean we should go back a little bit further in 1860 the United States actually published something called the pharmacopoeia for those of you are old enough there used to be something called the physicians Desk Reference basically it was a list of all accepted medications that have been recognized by the medical establishment would you believe the cannabis was in there cannabis was there talked about for menstrual cramps migraine headaches insomnia digestive disorders and then in the 20th century cannabis was expanded to be used are you ready for this for treatment of asthma now even today if you speak to a pulmonologist and you ask a pulmonologist about whether or not cannabis can help with with with asthma most of them will say it does work but they don't know why I'm convinced this the anti-inflammatory qualities of of cannabis but because asthma is an inflammatory reaction and the pulmonary system but regardless the point is that usually used to use cannabis to treat asthma in 1942 during World War two the United States government started publishing handbooks which were listed listed Kent hemp for victory said hemp for victory now where they were encouraging farmers to grow hemp in 1944 the LaGuardia Commission actually was was commissioned to again show that cannabis was really dangerous and that it was a gateway drug this is the report
that came out and again this is a consistent theme every time they try to Commission a study to show that cannabis is dangerous they come up with the opposite result the practice of smoking marijuana does not lead to addiction in the medical sense of the world the use of marijuana does not lead to morphine or heroin or cocaine addiction and no effort is made to create a market for these narcotics by stimulating the practice of marijuana smoking marijuana is not a determine factor in the commission of major crimes the publicity concerning the catastrophic effects of marijuana smoking in New York City is unfounded every time they look at the issue they know it's a lie so here's the question how did they come up with the most recent version of their lie well again let's go back to 1970 in the Nixon administration if you if you look back at your history you'll remember that at the time we were in a state of crisis right with a Vietnam War was raging the 60s were still raging everyone Nixon was really an establishment politicians facing cultural transformative shift in American society so he saw certain groups as enemies of his administration and the thing the common element between the two between those groups and between the groups that were against him was cannabis so what do we know John
Ehrlichman was council an assistant to President Nixon and this is what he said on the record you want to know what this was really all about Nixon had two enemies the anti-war left and black people we knew he couldn't make it illegal to make it illegal to be either against the war or black but by getting the public to associate the hippies in marihuana with black and blacks with heroin and then criminalizing both heavily we could disrupt those communities did we know we were lying about the drugs of course we did John Ehrlichman the chief counsel to the President of the United States acknowledged that the war on drugs was a lie and it's not just John Ehrlichman HR
Haldeman contemporaries Lee reported all that information in his diary you guys
probably know this guy is on CNN from time to time Roger stone he's a big friend of Donald Trump's I actually met Roger stone he was a witness in our case he provided us with an affidavit and Roger stone was at Ground Zero for the war on drugs because he met with Myles
Ambrose to discuss America's drug policy in 1971 and Myles Ambrose disclosed to him that the entire point of criminal cannabis was to suppress the rights of African Americans and those against the war this is the fight we are talking about a law that was purely rooted in racism and it's having effects today because today as I mentioned earlier people allow their a lot of people tens of thousands of people who need an administration of cannabis to live and they are fighting this war which was started again out of racism and unfortunately the poster child for the current position on cannabis is this guy
first it starts with marijuana next thing you know they'll be listening to Lindy Hop and Dancing with the colored folk this is this is the face of the anti cannabis movement now under the Controlled Substances Act the way it works is the Attorney General actually can be scheduled cannabis there's no way that he's gonna do it obviously and so we actually thought should we try to lobby the Attorney General get him to change it well of course not because I mean he's so narrow-minded and bigoted it's impossible to get him to agree to anything that would be in any way open mind about cannabis so we knew we couldn't go that route so what we did was we filed our lawsuit and as I emphasized you today the principle claim in the lawsuit is that the laws governing cannabis simply make no sense I'm gonna go back to the beginning just
briefly to show you those three requirements again all three
requirements must be met is it any is it rational in any sense of the word that there's no medical applications whatsoever in the United States for cannabis when the United States government has a patent on it of course not is it too dangerous for medical treatment even under strict medical supervision when when the United States government is growing cannabis and distributing it to patients all over the country for the last 42 years of course not we need a judicial solution because the legislative solution simply isn't possible and the fact of the matter is that the courts have to step in when Congress acts unconstitutionally which is exactly what we have here today the United States government is acting
unconstitutionally so in just wrapping
up what I would say to you guys I get a
lot of questions when I speak about the lawsuit what can we do next how can we make it
so that we can all make a difference the
first thing I would say is keep the pressure on if you're on social media and you're comfortable talking about cannabis talk about today's talk talk and by the way Google some of the things we talk about if you're a little bit skeptical or you want to block and copy in a couple of those articles put them in there you can just you can find that patent on the Internet you can find all the evidence of the government's grow program in in Mississippi the Missoula study the Schaffer Commission report you can get all that information online so first of all I would say try to do it and if you can if you're not a facebook person Twitter Instagram however you can do it the second thing is we are going to be arguing this case sometime between September of this year and the end of the year December 31st if any of you are in New York come to the argument it's in the Second Circuit courthouse at forty courts forty Center Street in Manhattan show up because it's really important that the judiciary sees how important this is to all of us because when it comes down to it when people ask me this is this is if there's a lawsuit about weed I always say the same thing it's not a lawsuit about weed it's a civil rights case because Congress shouldn't be imposing laws on us that are irrational and they shouldn't be proposing laws on us that are rooted in racism and bigotry the government shouldn't be enforcing laws which prevent people from traveling because remember if you wanted if you were someone who relies on cannabis to live and you live let's say in Colorado you can't go to Washington DC and advocate to your public officials and say hey listen I'm living proof that cannabis works and so as a result believe it or not the only voices that the people in DC get to hear are those who are against cannabis because those who show up are concerned about being stigmatized or some of them can't as I said can't go at all so it encroaches on your rights to free speech your rights to travel and it violates the Commerce Clause because the last thing that anyone who is drafting the Constitution was thinking was that in some way a bunch of bureaucrats in Washington DC control whether or not somebody wants to sit in their room and light up a joint there's no way no way that that the Constitution was intended to that reach from the federal government anyway so I'm available to answer any questions you might have but thank you very much for your attention and I look forward to speaking with you I'm glad to take questions if you have them or otherwise we can just go to the panel what's up I wish he's never gonna show up but I've invited him several times he never accepts the invitation the lawyers were arguing up against our lawyers from the Southern District US Attorney's Office and the only way I get jeff sessions in a room and I'll tell you there is one way actually and that is if he shows up for his deposition now if he shows up for his deposition leave me all your information I'll invite all you guys to come it's going to be a lot of fun because I can't wait to ask him questions about all this stuff it'd be remarkable to hear him try to answer them so when that day comes I'll let you know Bill and distribute the list that's a great question there actually and it's and so really it's a significant dispute in the cannabis industry because there are companies green companies that are actually patenting strains of cannabis so the answer to your question is the way you extract the THC from from the plant creates a different a particular strain the terpenes you put in put in a particular strain there are different ways to harvest cannabis and to use and to develop it so that it adds a certain man-made component to it so you cannot patent you know water okay that you find and you know I don't know in a spring but if you do something to the water and you make it different then you can't patent it and so the government has patented cannabis both at the federal level and also as I said internationally and so and there are other companies that have done the same water to make any substance that you for the process we've been making Springs of [Music] well as I said III have to tell you I have to tell you that what you're what you're raising the issue raising is something that's a hotbed legal issue in the cannabis world because there are companies right now in California in particular that are that are patenting cannabis products and it's a it's a it's a really you know contentious issue because some people take the position that you take which is you can't Pat you can't pants something that that's growing naturally and their response has consistently been we're doing something different to it so what I would say to you is I would follow it on the Internet follow it because this is an issue that's going to develop over time there's been no final determination on it by the Supreme Court but I'm looking forward to to hearing about it because it is an interesting issue [Music] so we have actually asked the courts to overrule Gonzalez versus race but let's be clear about about the scope of Gonzalez the Gonzalez versus rage case stands for the proposition that the United States Congress has the power to regulate the growth and harvesting of cannabis even if it occurs entirely within a single state now under our Constitution Congress only has the power to regulate interstate commerce Congress commerce between the United States and other countries and commerce between the United States and Native American tribes they don't the Congress is not supposed to have the power to regulate commerce that occurs entirely within a single state and in 1942 who was a case called Wickard versus filburn which involved the the harvesting of wheat some guy was a growing weed on his own farm and the federal government was saying listen we have a wheat program and if everybody starts growing wheat on their own farm it's going to depress the price of wheat which is gonna hurt our war effort they convinced the United States Supreme Court to say yeah that's true you can action the Congress has the power to reach into a single farm and regulate it and on the basis of that Wickard case the court in Gonzales versus Rey said well if Wickard says we can regulate a single farm we can obviously regulate what goes on within a single state I can tell you that right now the composition of the supreme court is likely not to support that anymore there are four conservative justices on the Supreme Court and there may very well be a fifth one soon and I can tell you those five Supreme Court justices are very unlikely to support than zoella's versus race so we have strategically decided to not only sue on the basis of the to process clause equal protection the racism and the irrationality issues but also on the commerce issue because we know that when we get to the Supreme Court we will have at least four judges who are going to look at the Gonzalez versus Rach case and the Commerce Clause case and say you know what Congress didn't have the right in the first instance to regulate cannabis back in 1917 so therefore the whole statute is unconstitutional and then then we're done yes thank you 100% they will appeal absolutely and what I can tell you about it is I look forward to it I really do I want this case to go to the Supreme Court because I do want us to win it well there are two things our goal is to have the Controlled Substances Act declared unconstitutional and once that happens that means well as if well we have limited as to the designation of cannabis we're not looking to make everyone available to everybody sorry for those of you who are Stinnett uh but so but uh but we are asking for the for the law governing cannabis to be declared unconstitutional then once it's declared unconstitutional that means that it's not like the court says okay we'll make it a schedule 2 or schedule 3 no it's off the it's completely off the chart which means it's completely decriminalized and if Congress wants to change that they have to go back and restart the process I will say this and I know I'm running along on time of the sale here ok I tell you this we have the midterm elections coming up in November there have been more than a few whispers that the Republicans who are concerned about losing their their majority in the House of Representatives are thinking of changing their perspective on cannabis for those of you who will remember John Boehner former Speaker of the House Republican conservative Republican is now a member of a green company a cannabis companies a member of the Board of Directors okay his partner William weld is a Republican from Massachusetts former governor of Massachusetts also joined the same company as a member of the board directors as soon as that happened Chuck Schumer from New York senator from New York so we're for it to you no way to come to the party late but the point is that I do see some real the real possibility of movement in the United States Congress or from the just or from the Justice Department we could see Donald Trump overruling Jeff Sessions and saying you know what you need to decriminalize it and then he could become the hero of the cannabis movement and he will be looking for Republicans to be supported I could urge you that once he makes that decision don't vote for him but that's a that's a whole other story take our wind and let's keep it right take our win let's keep it but the other thing I'll tell you is that New Jersey is is about to become the tenth recreational cannabis Speight estate in the United States and once that happens I can tell you right now New York is not going to be far behind because I'm a New Yorker we lost the Giants and we lost the Jets to New Jersey where it sure as hell not gonna lose cannabis New Jersey also keep an eye out for New York it's gonna be I bet you son the ballot in 2020 and the united states york state which has the eighth largest economy in the world will become a cannabis recreational cannabis state which means we'll have the fifth largest economy in the world in California and the eighth largest economy in the world in New York recreational cannabis states at that point it's over the United States of America will be a Jew criminalized Society so one way or the other look out for some exciting news in the next 18 months I do see it happening anyway thank you very much we straight [Applause]
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