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Which Way Will Supreme Court Nominee Brett Kavanaugh Rule On Marijuana?

Sara Somerset
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Which Way Will Supreme Court Nominee Brett Kavanaugh Rule On Marijuana?

With the nomination of Brett Kavanaugh for the Supreme Court, Americans are rife with speculation on how he feels about cannabis. Kavanaugh has never ruled directly on cannabis matters.

Democrat Jeff Hauser wrote a meandering op-ed in the Daily Beast, which said in part that the obvious way to trump the POTUS’  Supreme Court nominee Brett Kavanaugh, is for Democrats to focus on Marijuana. “Democrats have a potent card to play against Brett Kavanaugh,” wrote Hauser, “So why aren’t they playing it?”

Hauser’s argument, however, is unsubstantiated. Which way Kavanaugh would lean as a Supreme Court Justice regarding marijuana is anybody’s guess.

The U.S. Constitution is the prism by which Kavanaugh reflects his legal interpretations. The constitution does not say anything about marijuana, which was legal until 1937, when the  Marihuana Tax Act was passed, beginning prohibition.  As a strict constitutionalist, he should be of the opinion that marijuana laws should be left to the individual states to decide.

The 10th Amendment to the constitution states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The 10th Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. In a nutshell, if a law is not in the constitution, it is up for the individual states to decide. Hence, medical and recreational marijuana legalization.

Kavanaugh is a strict constitutionalist, but he is also likely to support the FDA.  The FDA recently approved Epidolex, after years of stating that marijuana had no medicinal value. If the FDA changed their tune, will Kavanaugh follow suit? These variables should factor in while predicting which way Kavanaugh will rule on cases that involve cannabis.

A 2007 case in which he sided with the majority, holding that the US Constitution does not provide terminal patients a right to try experimental drugs with limited clinical trials that haven’t been proven safe and effective;

A 2012 case A 2012 case in which he wrote a dissent to the majority decision – which was declared unconstitutional on Fourth Amendment grounds a random drug testing policy of all employees of a federal agency regardless of their responsibilities and requirements of their position;A 2013 case in which he penned the opinion that deferred to FDA discretion/oversight, stating that “courts must be careful not to unduly second-guess an agency’s scientific judgments.”

“I am vehemently against Kavanaugh’s appointment. That being said, I think it would be prudent to look across his judicial decisions to figure out where he would likely come out on a SCOTUS cannabis case before the Democrats can leverage anything related to cannabis to block his appointment,” said Cristina Buccola, of the New York Cannabis Bar Association.

“I agree that he is unlikely to expand patient rights or side with a party who looks to challenge the authority of the FDA.  Moreover, two of these cases certainly underscore that Kavanaugh has no problem chipping away at individual rights (which is also in step with his abortion dissent last year).  However, if a cannabis case reaches SCOTUS dressed as a states’ rights or pro-corporate matter, he could conceivably rule in favor of cannabis,” said Attorney Buccola.

“Cannabis has become so popular among law-abiding, productive members of society that it has rightfully forced politicians to take a position on the once taboo topic. Unfortunately, politics comes with the hidden agendas of the far right and the far left. Our hope is that an appointment of a new Supreme Court Judge, Kavanaugh or someone else, would be close enough to the middle of the road that justice would prevail; and at the least the high court would leave the decision of legalization up to each state,” said Bob Ronalter CEO and Co-Founder of Classy Joints.

“If a cannabis case is dressed up as states rights or corporate interest, we do not know how he would rule,” said Attorney Buccola.

Danny Davis, Managing Partner of Convectium, an ancillary cannabusiness said, “Kavanaugh explained his approach this way: ‘A judge must be independent and must interpret the law, not make the law.’ If we take that to mean he will evaluate cannabis with an independent interpretation and an eye on the science, health benefits, and widespread public support, then we can see it being great for the industry. When comparing the positive health benefits of cannabis to substances that offer no health benefit like tobacco and alcohol, we see a logical path to legalization nationwide. We believe Kavanaugh favors logic and his appointment will bring continued positive progress for cannabis.”

“Brett Kavanaugh’s appointment to the U.S. Supreme Court does not have a major predictable effect on the growing marijuana industry, as Kavanaugh has historically deferred to the FDA on rulings of this nature,”  said Jordan Friedman, CEO of payment platform Zodaka. That means FDA commissioner Scott Gottlieb is also one to watch keenly. Gottlieb released a statement on June 25 following the FDA’s approval of a purified form of CBD. His statement supports continuing research into medical marijuana, while also emphasizing the need for rigorous long-term testing on the effects of cannabis’ various compounds.

Gottlieb has also mentioned -coinciding with President Trump- that he believes in using investigative medicine for the terminally ill as a way to test new treatments. This line of reasoning is in direct contradiction to the ruling Kavanaugh made in the 2007 case. Therein lies the conundrum.  Have Kavanaugh’s opinions on the matter evolved in the past eleven years?

President Trump has consistently stated that he is open to letting states determine cannabis policy within their jurisdiction and potentially removing the federal ban on marijuana

“I feel that Brett Kavanaugh will likely support and maintain Trump’s current line of thinking as a Supreme Court Justice, but it is impossible to say for certain how this will all play out,” said Friedman (especially considering Trump’s unpredictable and mercurial policy-making process).

Let’s hope someone like Kamala Harris or Corey Booker has the foresight to ask Supreme Court Nominee Kavanaugh about his feelings towards marijuana during his confirmation hearings.

Smoking Marijuana Is Now Decriminalized In Manhattan

Sara Somerset
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Smoking Marijuana Is Now Decriminalized In Manhattan

Manhattan District Attorney Cyrus Vance ushered in a refurbished policy that will allegedly end criminal prosecution of marijuana, including possession and burning in the borough of Manhattan. However, this is not Manhattanites’ first time around the decriminalization block.

Vance’s “new” policy revelation a new policy that will supposedly remarkably reduce marijuana prosecutions on the tiny, 13.4 mile (21.6 km) long by 2.3 mile (3. 7 km) wide island that houses over 1.665 million people.

According to a statement from Vance’s office, decriminalization would account for a significant drop in Manhattan’s marijuana prosecution cases per year.

“Every day I ask our prosecutors to keep Manhattan safe and make our justice system more equal and fair,” Vance said. “The needless criminalization of pot smoking frustrates this core mission, so we are removing ourselves from the equation.”

Additionally, Vance said that data mined by his office shows “virtually no public safety rationale” for marijuana arrests and ensuing prosecution, whether for possessing the plant or for public consumption, referred to as “burning.”

In 2014, the city made a legal differentiation between ‘using marijuana’ and ‘burning marijuana.’

In March 2018 the NYPD’s chief of crime control strategies, Dermot Shea, told a captivated and incredulous City Council board that since 2014, 90 percent of arrests for marijuana are for ‘burning,” and it ostensibly was the primary cause of racial disparities in marijuana arrests.

Burning was a misdemeanor punishable by a $250 fine and up to 90 days in jail.

Vance’s announcement vanquishes burning arrests. However, it is still somewhat confusing, considering that in New York City — all five boroughs including Manhattan — possession was already decriminalized over four decades ago, in 1977.  Possession of up to 25 grams of cannabis may have resulted in a $100 violation (similar to a traffic ticket) for a first offense. A second offense was $200, and a third offense was $250 and a possible 15-day stint in jail.

In 2017, 18,525 people were arrested for cannabis-related offenses in New York City.

Vance used the opportunity while announcing the updated marijuana policy in Manhattan, to explain that being caught with a personal amount of pot is no longer an albatross in young people’s lives or a career killer.

“Tomorrow, our office will exit a system wherein smoking a joint can ruin your job, your college application, or your immigration status, but our advocacy will continue,” Vance says in the statement. “I urge New York lawmakers to legalize and regulate marijuana once and for all.”

Even though possession was decriminalized decades ago, Chief Shea explained away consistent upticks in possession arrests by insisting that possession of cannabis was being committed in conjunction with other crimes.  However, he provided no data or proof to support this claim in repeated City Council hearings.

Starting in September, the NYPD will allegedly no longer arrest most individuals who are caught burning and will issue them summonses instead,  unless, they are caught smoking while committing additional crimes.

Exceptions to the new guidelines are cases where pot is being sold or is the underlying cause of a threat to public safety.

What’s It Like To Stop Shaving After Having Shaved Your Entire Life?

Maria Loreto
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What’s It Like To Stop Shaving After Having Shaved Your Entire Life?

Body hair has become a prominent topic for feminists and women in general. The existence of it, or lack thereof, sparks a lot of conversations that can get heated in seconds. Why should women have to shave? Why is hair an important factor for feminists? Why is it even considered a political statement?

While there are no easy answers, activists and feminists of all sorts explore women’s complicated relationship with body hair and the effect it has on their image and self-esteem. In an interview with Bustle, Dana Suchow, a public speaker and educator, talks about her body hair and what it felt like when she decided to stop shaving after having done so her entire life.

Suchow is prominent on social media, having over 33k followers on Instagram. Her brand specializes in fueling conversations about feminism and self-image. In the interview, she explains that she started shaving her legs and body when she was 12-years-old, and decided to stop doing so during one winter when she was single. “There was no reason for me to shave every Friday night like I had been doing for years,” she said.

While Suchow still fits into society’s beauty standards and has an easier time than some, she claims that having body hair does influence other aspects of her life. “It’s interesting. While I’m scared to show my hairy body to a man, I have zero problem sharing pics of it to thousands of people on Instagram. A thousand comments from strangers is still less scary than one comment from a man in the bedroom.”

Suchow claims that even though the amount of body hair in her body doesn’t dictate how much of a feminist she is, she is still sticking to not shaving until she can finally feel comfortable in her own skin and not feel like her hair is something that’s repulsive or that has to follow certain societal norms. You can check out the full interview on Bustle, and see some of Dana’s work on her website.

Can Pot Brownies Guard Against Getting Diabetes?

Richard Faulk
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Can Pot Brownies Guard Against Getting Diabetes?

You might intuitively think that eating tons of sugar can’t be good for you and may even lead to developing diabetes. But au contraire. In fact, pot brownies may even guard against it.

How’s that, now?

Regular marijuana users don’t seem to lead necessarily to the munchies, but smoking pot will always give them an urge to snack. That’s one of the reasons why cannabis works so well helping AIDS and chemo patients put back on lost pounds. And yet there is an anomaly: While regular marijuana users tend to have a higher calorie intake than nonusers (the munchies effect), they also have lower body mass index as well as lower rates of obesity and diabetes.

A 2013 study took a closer look at that paradox and found evidence suggesting that regular cannabis use may stabilize blood sugar and ward off diabetes. Compared with nonusers, the cannabis achievers had on average 16 percent lower fasting insulin levels and 17 percent less resistance to insulin. Higher levels of both are associated with adult onset diabetes, which is itself associated with obesity. Moreover, users were an inch and a half slenderer than nonusers and had higher levels of high-density lipoprotein (that’s the “good” cholesterol that protects you from heart disease).

The results of the study were clear (“Bite it, abstainers!”), but the explanation still is not. One avenue of speculation focuses on neurological tolerance. While regular users might never habituate to the munchies, receptors in the brain become less responsive to other signals from cannabis, including the ones that tell the body to fatten up. There was, in fact, a weight-loss drug that acted precisely on this idea, by offsetting the body’s natural cannabinoids. (It worked but was pulled from the market because it made users want to kill themselves.)

If we understand this interpretation of the evidence correctly, it means that regular cannabis use protects you from diabetes by simulating the way your brain works without cannabis. Which is a seriously heavy head-trip. Perhaps this calls for a meditational marijuana brownie.

Hops Cross-Pollinated By Cannabis Make For Legal CBD

Mary Schumacher
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Hops Cross-Pollinated By Cannabis Make For Legal CBD

Though they’re not the hops used to make beer, the specisis humulus yunnanensis, native to Southern China, is garnering a lot of attention right now. Originally due to cross-pollination with wild cannabis plants, these hops took some cannabinoids into their working systems, including CBD. Dr. Bomi Joseph selectively bred the found plants for maximum CBD production and said derivative is called ImmunAG.  So it seems hops cross-pollinated by cannabis make for legal CBD.

Medical Marijuana, Inc. and Peak Health have now partnered to dispense this unique hops-derived CBD oil through Medical Marijuana, Inc.’s subsidary HempMedsⓇ. Ironically, this non-cannabis based cannabinoid is being exclusively distributed by Medical Marijuana, Inc. as Real Scientific Humulus or RSHO, one deceptive letter away from the whole plant cannabis extract RSO a.k.a. Rick Simpson Oil.

Because the CBD is harvested from a hops plant and the cannabinoids that cross-pollinated did not include THC, the psychoactive component is completely absent, meaning that there is no risk that the CBD extraction will go over the .3 percent THC limit required by law to be considered hemp – and now hop – derived.

Dr. Stuart Titus, CEO of Medical Marijuana, Inc. has stated his belief that the, “non-cannabis based product will not only provide new evidence of the benefits of CBD, but will also help people understand the value of phytoceuticals. We also look to introduce and educate people/consumers on the new concept of ‘bioactivity’ into CBD’s potential health and wellness benefits.”

Phytoceuticals are plant derived and though they are not considered necessary for human existence, they are believed to have health benefits and properties. CBD has gained that sort of reputation for itself as of late, especially for its reported anti-inflammatory properties. When paired with a miniscule amount of THC, however, an entourage effect occurs that is commonly thought to greatly magnify the benefits and usages of CBD.

It remains to be seen if Medical Marijuana, Inc., which is also the first publicly traded cannabis entity in the U.S., made a brilliant decision in this federal legal workaround or if the majority of people will reject the idea of non-cannabis derived cannabinoids. At the very least, studies into the benefits of the hops derived CBD won’t have to jump through so many hoops to get approval and funding.

Here’s Why Your Phone Battery Dies So Fast

Steve W Martin
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Here’s Why Your Phone Battery Dies So Fast

Why do batteries die? And, why can they only be recharged so many times before they won’t hold a useful amount of charge? My young son asked me about that years ago when his battery-powered toy car stopped moving, wondering about what he called an “everlasting battery.” And this same question has probably crossed the mind of every cellphone user trying to send one last text before the screen blinks off.

Research, like mine, continues around the world to make batteries that charge faster, last longer, and can be recharged and discharged many more times than today’s. But as much as you and I would like, it’s impossible to make a truly everlasting battery. I have taught thermodynamics for more than 30 years. So far, there is nothing that suggests we can break the fundamental laws of science to get that elusive battery.

Battery scientists and engineers call the main problem “capacity fade.” Regular people wonder about it with questions like “Why won’t my battery hold a charge?” and complaints like “I just recharged this thing and it’s already out again!”

It’s a result of the second law of thermodynamics, which states that whenever some real process happens, it creates a certain amount of wasted energy along the way that can never be recovered. Any time a battery is charged or discharged, there’s a little bit of wasted energy – a little bit of wasted capacity in the battery that cannot be recovered.

To envision how this works, think about battery use like transferring water between two cups. Using a battery is like emptying the water from one cup into the other, and charging the battery involves pouring the water back into the first cup. Even if you do it one or two times without spilling a drop, there’s always just a little tiny bit left in each cup that you can’t pour out.


Now imagine pouring back and forth hundreds or even thousands of times over a period of two or three years (for a cellphone battery) or 10 to 20 years (for an electric car). Over time, all the thousands of little and big things that go wrong add up to quite a bit of water going missing. Even spilling a barely visible drop – say one-tenth of a milliliter – adds up to an entire liter if it happens 10,000 times. That doesn’t even include the possibility of one cup failing in some way that loses even more water – like springing a leak or heating up and causing evaporation.

Just as water inevitably goes missing when pouring from one cup to another, more energy is required to charge the battery than it actually stores, and less energy comes out than is stored in it. The proportion of wasted energy to stored energy grows over time.

In fact, the more you use a battery, the more energy gets wasted, and the sooner the battery will reach a point where it’s dead and can’t usefully be recharged. I and others are studying ways to have those discharging-recharging cycles run more smoothly to reduce the amount of waste, but the second law of thermodynamics will always make sure that there’s no way to get rid of it entirely.

Steve W. Martin, Professor of Materials Science and Engineering, Iowa State University

This article was originally published on The Conversation. 

Jay Brown Joins Weed Company MedMen

Brendan Bures
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Jay Brown Joins Weed Company MedMen

Though it shouldn’t come as a surprise by now, the music business sure loves the cannabis industry. From the myriad of rappers and music executives who have tipped their toes into the marijuana money pool, it seems that everyone is eager to embrace the financial possibilities of going green.  Now Jay Brown joins weed company Medmen.

Yes, According to Variety, the latest figure to add his name to list is Jay Brown, the co-founder and CEO of Roc Nation, a.k.a. the record label Jay-Z started. Brown, a 20-year music veteran, will join the Board of Directors at MedMen, the biggest brand name in marijuana retail stores that often receives comparison to Apple or Starbucks. Adam Biernan, co-founder and CEO of MedMen, announced that Brown’s arrival will match the company’s approach to selling marijuana.

“Marijuana today is less about smoking a joint, and much more about culture,” Biernan said. “It is about healthier, safer choices for mind and body, and community. For more than two decades, Jay Brown has had his finger on the pulse of pop culture. We are honored to have him on our Board and look forward to working with him as MedMen continues on its mission to mainstream marijuana.”

Make no mistake — this is a huge boon for MedMen. Brown ‘s partner at Roc Nation is Jay-Z, and together they’ve developed the superstar careers of Rihanna, J. Cole, and DJ Khaled. His move copies those of other music icons like Willie Nelson, Snoop Dogg, and Melissa Etheridge in finding a foothold within the cannabis industry.

“Over the years, I’ve met great talent and passionate people who helped shape our view of the world through music,” Brown said. “I see that same intensity in today’s emerging cannabis industry and MedMen is definitely at the head of the pack. I believe in their mission and I believe in their ability to execute.”

Whatever specific opportunities this will open for MedMen and Roc Nation remain to be seen, but the cannabis company is surely celebrating its connection to one of the biggest record labels in hip-hop music.

Kate Middleton And Prince William’s Go-To Takeout Food Revealed

Amy Hansen
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Kate Middleton And Prince William’s Go-To Takeout Food Revealed

Take-out and Royal Palace don’t usually go together, but we all have to remember that Prince William and Duchess Kate are just like us, at least when it comes to our craving for delivery. And when the take-out containers call, there is one food the couple can’t get enough of.

Last April, the couple sat down for an interview with BBC Radio 1 and Kate was quick to jump in when asked if they’re allowed to order take away. “Absolutely!,” said Kate.

“Yes, definitely, it’s very important,” said William, of the couple’s need for quick food now and then.

And what do they prefer? “Curry!” said Kate.

“It’s a real conundrum when it comes to pizza, curry or Chinese,” said Will.

But whatever is ordered, it can’t be too spicy. Nope. Will is not having it.

“Yeah I’m not so good with the spicy food actually,” he admitted. “I’m not good with spice.”

The obvious next question arose: who on earth would believe that a take-out order is going to the palace?

“It doesn’t usually get ordered to the palace,” said William. “We tend to go and pick it up. Not ourselves, but yeah.”

Some other tidbits of not: the couple watches “Homeland” and “Game of Thrones.” And in a fight between William and Harry, Will said, “It’s clearly obvious. Me. Because I’m bigger.”

Pennsylvania Rep. Aims To Free Pot Prisoners In Social Reform Push

Mary Schumacher
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Pennsylvania Rep. Aims To Free Pot Prisoners In Social Reform Push

The legislation he plans to introduce will expunge criminal records and release those jailed who otherwise would not be under the proposed new law.

“This is an idea whose time has come,” stated Pennsylvania State Rep. Jake Wheatley while addressing the issue of adult-use cannabis. As the green tide washes over the nation, Wheatley wants his state to be there at the cutting edge and the on right side of history.

The legislation he plans to introduce will expunge criminal records and release those jailed who otherwise would not be under the proposed new law. This would be a giant leap toward social justice and would change the lives of many who have been prosecuted for the plant.

Though social reform is high on the Rep.’s list of reasons to legalize, it’s not the only one. A recent report by the state auditor predicted that cannabis could rake in $580 million dollars in tax revenue annually. Those are moneys that can also be used for the betterment of the state.

“States from coast to coast have embraced legalization and those states are reaping the economic and criminal justice benefits,” Wheatley also said. “It is time Pennsylvania joins with those states in leaving behind the ugly stigma of marijuana.”

There are currently nine states plus the District of Columbia with recreational cannabis laws and dozens more with medicinal laws. The ugly stigma that weed’s carried for so many years is most certainly falling away from the general public’s eyes and hearts. Though there are still those at the top, making federal laws, who think that cannabis is a gateway drug or otherwise harmful.

Education, facts such as there never being a recorded death due to cannabis, and the proof in the pudding: those who imbibe pot aren’t just everywhere, they’re everyday people just trying to live their best lives, all have fallen on deaf ears when it comes to drug war warriors, who just can’t seem to put down the torch.

Public opinion, on the other hand, carries a lot of sway in politics and at this point, according to Gallup, support for legalizing cannabis is at an all time high, with the latest figure they have putting approval rating for adult use at 64 percent. That’s nine points up from just last year and a definite majority.

Though Wheatley is proud and glad that his constituents have access to medical marijuana, at the least those most in need, he’s ready to take the next step, “The time has come for Pennsylvania to move forward with full legalization,” he said, and we couldn’t agree more.

Here’s The Scoop On Medical Marijuana For Autism Treatment

Trey Reckling
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Here’s The Scoop On Medical Marijuana For Autism Treatment

Individual success stories are not enough to base a medical theory upon, especially when it involves children. However, strong anecdotal stories and some early research into using medical marijuana to help their autistic children is causing a stir. Not to mislead here, there is no significant research about symptoms of autism being treated by cannabis. Well, “not yet” some may say.

Autism, more specifically referred to as autism spectrum disorder, ASD, is a range of symptoms and degrees of disability. It is a neurodevelopmental disorder, related to the growth and development of the brain. Typical symptoms are impaired communication and social interactions as well as singularly focused or repetitive behaviors. As many as one in 68 American children are diagnosed with ASD. Boys are five times more likely to be diagnosed.

Autism is believed to be caused by a mix of genetic and environmental factors. There is no known cure.  Parents typically help the child through speech therapies and behavior interventions. One type of behavior training, discrete trial training, includes behavioral prompts, modeling and positive reinforcement for several hours a day. Research has shown that it can have profound affect for children under five years old. 

Some advocate for a better understanding of autism culture, respect for neurodiversity and a focus on teaching coping skills over imitation of neurotypical people.

Because this is a brain disorder affecting the processing of information, some scientists believe that manipulating cannabinoids, the active chemicals in marijuana, could have positive effect. CB2 receptors, our innate or endogenous receiver of cannabinoids and are distributed throughout the body.

Researchers found protein levels of CB2 were to be much higher in autistic children, concluding “our data indicate CB2 receptor as potential therapeutic target for the pharmacological management of the autism care.”

Another finding from researchers from California and France, showed that increasing cannabinoid transmitters in the brain can help correct issues related to the most common genetic cause of autism. 

As has been seen for other conditions, there are passionate parents and advocates who are not willing to wait for research. Families have claimed that some children have experienced significant reduction in symptoms such as self-harming behavior, eating disorders and anxiety. Some have even taken great legal risks to conduct these at home experiments in hope of helping their kids lead a healthier, happier life.

Grassroots advocates like Mothers Advocating Medical Marijuana for Autism and individuals like Mieko Hester-Perez, who has gained some notoriety for her success story in treating her autistic son with cannabis, are excellent examples. They tell compelling stories of dramatic, life altering changes due to the herb. They stand ready to challenge the status quo and advocate for access to medical marijuana while calling for additional research.

This is promise for some connection, but there are no studies to point to with big data that would infer that marijuana will be a game changer. No state currently lists autism spectrum disorder as a qualifying condition to use cannabis. Is there a proven connection between marijuana and autism spectrum disorder? Some would say simply, “not yet.”

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