Marijuana Law Blows

0:00 Everyone knows that recreational or medicinal use

0:02 of marijuana is legal in some states, but remains illegal at the federal level.

0:05 And this isn't just a meaningless quirk of how our laws work.

0:08 It's a complex statutory conflict that can get you into serious trouble,

0:12 even if you don't smoke weed.

0:14 And with the current administration speedrunning authoritarianism,

0:17 the state versus federal law conflict is only going to get worse.

0:19 So, to help keep you safe from the man,

0:21 you're probably going to want a good lawyer.

0:23 Luckily, we found a great one.

0:24 Here's criminal defense attorney and your best friend, Mark Lopez.

0:27 Thanks, Devin.

0:28 Now, I want to talk about one of the biggest

0:30 legal misconceptions that puts innocent people in jail every single day.

0:34 And that misconception is all about weed,

0:37 the ganja, the devil's lettuce, wacky tobaci, mothering marijuana.

0:43 So, let's clear this up so you guys can

0:45 blaze free with good vibes if that's your thing.

0:48 Marijuana is illegal in all 50 states under federal statutes.

0:53 Despite the fact that many states

0:55 have legalized recreational use or decriminalized it,

0:59 not understanding the nuances at play here or how to deal with the police

1:03 when you're high or sober can mess up your life for decades to come.

1:07 But fear not, because I am going to walk you through it.

1:11 It's what friends do.

1:12 Now, suppose you take a trip to Las Vegas.

1:15 Marijuana is completely decriminalized there.

1:17 You go into a licensed dispensary,

1:19 you buy something legally, you use it legally,

1:22 have a great time, and go back home to a state without decriminalization.

1:26 Let's say Arizona.

1:27 Two weeks go by, you get in your car completely sober,

1:31 and you get into a minor accident,

1:33 or you get pulled over for something small like speeding,

1:36 a broken tail light, whatever.

1:38 The officer thinks he smells something or just decides to investigate further.

1:42 Now, you're doing field sobriety tests.

1:44 Maybe you're nervous and you don't pass.

1:46 Remember, these tests are subjective,

1:49 and so your fate depends on how the cop interprets them.

1:52 But here's where it turns.

1:55 They're going to detain you and pressure you into taking your blood.

1:59 And what they're looking for isn't impairment.

2:02 It's metabolites.

2:03 THC breaks down in your body into 11 nor caroxy THC.

2:09 It's not psychoactive.

2:11 It doesn't impair you at all,

2:13 but it can stay in your system for weeks after you use cannabis.

2:16 So now you're sitting there completely sober and your own

2:20 body is giving the state evidence against you.

2:22 There are states where the law says that any amount

2:25 of a controlled substance or its metabolite is enough to be a crime.

2:29 It does not matter when you actually ingested it.

2:32 Arizona actually had this exact issue.

2:34 Their law made it illegal to drive with any drug or its metabolite in your body,

2:40 which meant in theory someone could legally use marijuana,

2:43 wait weeks, drive sober, and still be guilty of a DUI.

2:48 So, the Arizona Supreme Court had to step in and address this scenario.

2:52 Arizona's DUI statute made it illegal to drive with any drug or its metabolite

2:57 in the body and prosecutors argued

2:58 that this included non-impiring marijuana metabolites like caroxytac.

3:04 The court rejected this interpretation holding the statute

3:08 does not criminalize the presence of inactive non-impiring metabolites.

3:12 The court reasoned that interpreting the law

3:14 that broadly would lead to absurd results,

3:17 allowing the state to prosecute drivers who are completely sober and unimpaired,

3:21 including lawful medical marijuana users.

3:24 Instead, the statute was limited to substances capable of causing impairment.

3:28 In other words, the mere presence of a lingering inactive

3:32 metabolite is not enough for a DUI conviction in Arizona.

3:35 But a lot of states have yet to see the light

3:37 on how absurd this is and probably won't anytime soon.

3:41 So you can end up in a situation where you

3:43 did everything right and still get in trouble weeks later.

3:46 What happens in Vegas does not always stay in Vegas.

3:55 And if you happen to be in one of these states after a fun weekend

3:58 in Vegas and you get into a car crash and the police get your blood,

4:02 you will be facing a DUI for having a metabolite.

4:05 You're not high.

4:05 You just have the metabolite in your blood and god forbid somebody is injured.

4:09 that can easily become a felony where you're facing years in jail.

4:13 If you happen to find yourself in one

4:15 of these states where the metabolites equals a DUI,

4:18 what do you do if you pulled over?

4:20 Well, I'm not your lawyer, but I can give you some best friend advice.

4:27 Don't admit to smoking marijuana.

4:29 Don't admit to taking gummies.

4:30 Don't do any of that.

4:31 Don't make the state's job easier in prosecuting you.

4:34 If they get your blood, don't fight the officers on that.

4:37 They're just doing their job, too.

4:38 But the absence of your confession,

4:41 that might be a way for your attorney to attack the ability

4:44 for them to get their blood or if they do get your blood,

4:47 your attorney can kick it out.

4:49 They won't have your confession to try to bolster their case.

4:51 So, please do not admit to wrongdoing.

4:54 Period.

4:55 Definitely not in one of these states where metabolites equals a DUI.

4:58 So, remember, this is not legal advice from a lawyer.

5:01 This is advice from your best friend that happens to be a lawyer.

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6:38 Let's start with the part that trips people up the most.

6:41 Marijuana is legal now.

6:43 Most people hear the word legal and then they stop listening.

6:46 It's legal in my state is what people tell themselves when they

6:49 walk out of a dispensary with a flour or edibles or a vape.

6:52 But that's not how the law actually works.

6:55 And that misunderstanding is sending people to court.

6:58 Here is the problem.

6:59 There isn't one marijuana law in this country.

7:02 There's federal law and there's 50 state

7:04 laws that don't always agree with each other.

7:07 These layers don't line up.

7:09 So, what feels legal may not always be safe.

7:12 Start with the state-to-state problem.

7:13 You're in Illinois.

7:15 You walk into a licensed dispensary.

7:17 You show your ID.

7:18 You buy marijuana completely legally under

7:21 the Illinois Cannabis Regulation and Tax Act.

7:23 You have a receipt.

7:24 You have a bag.

7:26 Everything feels above board.

7:28 You get into your car.

7:29 You drive back home to Indiana.

7:31 Now you're committing a crime.

7:33 Indiana Code 3548411 makes it a criminal offense to possess marijuana.

7:38 Period.

7:39 I've got clients getting pulled over at the Indiana Illinois

7:42 border for doing something that was completely legal 10 minutes earlier.

7:47 And that's true for all of these borders.

7:49 Go ahead, memorize them because these are the states where if you partake

7:53 legally at a bachelor party in Vegas and you happen to be traveling through,

7:58 you could get a DUI.

7:59 But that's just the laws of these states.

8:02 I see this constantly.

8:03 People assume that because something was legal where they bought it,

8:06 it's legal where they are now.

8:08 That is not how the law works.

8:10 Your receipt from an Illinois dispensary is

8:12 not a defense in an Indiana courtroom.

8:15 In fact, it's going to be exhibit A.

8:16 Now layer in the federal side and pay attention here.

8:19 Under the Controlled Substances Act, that's 21 USC section 812,

8:24 marijuana is still classified as a schedule one controlled substance.

8:28 That classification means the federal government views it as having

8:31 no accepted medical use and a high potential for abuse.

8:35 It doesn't matter what your state legislature decided.

8:38 The CSA is a federal law and federal

8:40 law sits above state law when federal jurisdiction applies.

8:44 And federal jurisdiction applies in more places than people realize,

8:48 like federal buildings.

8:49 And if you live in federally subsidized housing,

8:52 marijuana possession can cost you your home

8:54 under the federal drug-free housing rules.

8:56 Even if you're in a state where it's fully legal and national parks,

9:00 cannabis is illegal on every trail, every campground,

9:04 and every parking lot in national parks and forests.

9:07 So, you can be in Colorado,

9:10 one of the first states to legalize recreational marijuana,

9:13 and be completely legal under state law.

9:16 But the moment you step on the federal property, state law does not protect you.

9:21 Now, I know what you're saying, but Mark,

9:22 do people actually get busted for smoking up in a national park?

9:25 Listen, if the law is on the books, there's a risk.

9:29 Federal rules in the parks haven't changed much since 1970.

9:32 So, if you're visiting a Rocky Mountain National Park this summer,

9:35 you have to be careful.

9:36 First-time offenders are often looking at smaller fines, maybe $150, maybe $350.

9:42 But repeat offenders can face fines up to $5,000 and 6 months in jail,

9:47 and a federal record that will follow you around for the rest of your life.

9:50 And if you're not convinced that violating federal marijuana laws

9:54 and national parks is going to be a problem going forward,

9:57 take a look at who is now staring back at you on your national park pass.

10:01 Go ahead, take a look.

10:06 and don't assume a domestic flight between two legal states is safe territory.

10:11 TSA operates under federal authority.

10:14 What they find they can refer for prosecution.

10:16 The fact that Denver and Portland both allow marijuana

10:19 is not a legal defense for what's in your carry-on.

10:22 And it gets even stranger when you look at individual airport policies.

10:26 Some airports like LAX effectively allow you to carry

10:29 small amounts so long as you're within state law.

10:32 Others go the opposite direction.

10:34 Denver International Airport, for example,

10:36 bans marijuana entirely on airport property, even though it's legal in Colorado.

10:42 Las Vegas has similar restrictions along with amnesty boxes

10:45 where travelers can actually dump cannabis before going through security.

10:49 So, the rule isn't just federal versus state.

10:51 It's airport by airport.

10:54 The same exact bag could be ignored in one terminal,

10:57 confiscated in another, and could get you cited somewhere else.

11:00 So, that's the illusion.

11:02 You think the law changed because cannabis became legal,

11:05 but what actually happened is that one layer of the law changed.

11:08 That gap between layers is where people get arrested.

11:12 The moral of the story is know the layers.

11:15 Know where you are.

11:16 Don't trust websites or chat GPT.

11:19 Call a local defense attorney and just ask what the state laws

11:23 are and what kind of things people get in trouble for doing.

11:25 They are probably not going to charge you.

11:27 And now you have a lawyer in your address book if you ever need it.

11:30 Now, while it's true that criminal punishments for marijuana

11:34 use and possession have lessened over the past few decades,

11:38 the federal government can still strip you of your constitutional rights,

11:42 even when you use marijuana legally.

11:44 It's messed up, but it's being challenged right now in the Supreme Court.

11:48 And now the fate of you being able to get lawfully lifted without the risk

11:52 of losing your rights may come down to, and I swear I'm not making this up.

11:57 How often Thomas Jefferson got shitfaced drunk?

12:00 So, here's a question the Supreme Court is actually wrestling with right now.

12:05 If you take one THC gummy every other night,

12:08 can the government take away your guns?

12:10 The case is United States v.

12:12 Himmani.

12:13 Here's what happened.

12:14 The FBI searched a home in Texas.

12:16 They found a gun and some marijuana.

12:18 The guy, Ali Hammani, admitted he smoked weed every other day.

12:23 Prosecutors charged him under a federal law that says

12:25 if you're a unlawful user of a control substance,

12:28 you lose your second amendment rights.

12:30 Full stop.

12:31 The district court threw it out.

12:33 The fifth circuit agreed.

12:35 Now it's at the Supreme Court.

12:36 And here's the thing,

12:38 the justices are not buying what the government is selling.

12:41 Under precedent from New York State Rifle and Pistol Association verse Brewan,

12:46 the government doesn't just get to say a gun

12:48 law is a good idea or that it promotes safety.

12:51 It has to show the restriction is consistent

12:53 with this country's historical tradition of firearm regulation.

12:57 Basically, what kind of limits existed around the time of the founding?

13:01 So, in a case like this, the question

13:03 isn't just whether marijuana users might be dangerous.

13:05 is whether there's a real historical analog for taking away someone's

13:09 gun rights based on that kind of status in the first place.

13:12 The federal government argues that people who use drugs

13:15 irregularly are dangerous and dangerous people can be disarmed.

13:19 They point to historical laws that stripped gun

13:22 rights from, and this is the key word, so remember it, habitual drunkards.

13:27 The logic is same principle, different substance.

13:30 Sounds reasonable until you poke it.

13:33 And that's why Justice Gorsuch came loaded for bear.

13:36 He pointed out that the founders themselves were not exactly sober.

13:41 John Adams took a tankered of hard cider with his breakfast every day.

13:46 James Madison reportedly drank a pint of whiskey every day.

13:50 But by the standards of the day,

13:52 these guys weren't considered habitual drunkards.

13:55 Habitual drunkard.

13:56 The American Temperance Society back in the day said eight

13:59 shots of whiskey a day only made you an occasional drunkard.

14:05 We have to remember the founding era.

14:06 If you want to invoke the founding era,

14:08 to be a habitual drunkard, you had to do double that.

14:12 So Gorsuch asks, if that's the historical baseline,

14:15 what exactly is the problem with him

14:18 smoking weed every other day in unspecified amounts?

14:21 We know he uses marijuana a few times about every other day.

14:25 That's all we have in the record, right?

14:28 That's all we have.

14:28 And trouble.

14:29 So, we don't even know the quantity of how much he uses every other day.

14:34 What What if he took one gummy bear with a medical prescription in Colorado?

14:39 Well, you may not even need a medical prescription.

14:41 You don't even need that anymore.

14:42 But let's say he had one to help him sleep every other day.

14:47 Disarm him for life.

14:49 Well, we're not.

14:49 No, it's not disarm for life.

14:50 And here's what's going potentially.

14:53 Um, well, would that be enough under your theory?

14:55 one gummy bear every other night with a medical prescription.

14:58 So I think you'd have a ra potential rah problem,

15:01 but I will accept the hypothetical.

15:02 So let me just deal with unlawful.

15:05 Here's the kicker.

15:06 The federal government cannot even define what an unlawful user is.

15:11 One you asked about how do you tell who's an unlawful user?

15:14 How is it more defined than than a habitual drunkard?

15:17 I think it's a lot clearer.

15:18 Is it I mean the government has not been able to define what a user is.

15:23 I mean it is it is it is said at various points that it's uh someone

15:28 who's used any illegal drug in the past

15:30 year right it's said ATF now wants to say

15:34 a pattern and you argue for habitual which

15:37 of course conflates the second half of the statute

15:40 which talks about an addict which is different than

15:43 a user and an addict is an habitual user.

15:46 Let me be very clear about the distinction here.

15:48 There is a distinction between what is

15:50 the statutory definition of an unlawful user and everyone

15:53 has always agreed including ATF that that means

15:56 habitual or frequent and on the other hand how

15:58 do you prove that what type of evidence

16:00 is sufficient to show beyond a reasonable doubt

16:03 or for purposes of background checks for ATF

16:05 purposes that you in fact do that so that

16:08 circles this back down to you would qualify

16:11 as an habitual user one gummy bear every other night.

16:14 Gorsuch's point is there's no clear line.

16:17 Use it at parties and keep your gun locked at home.

16:20 Are you covered?

16:21 Nobody knows.

16:22 The statute doesn't say that's not law.

16:25 That's a trap.

16:26 Gorsuch also pointed out that the government is currently considering

16:30 downgrading marijuana from a schedule 1 to a schedule 3.

16:33 Under the government's own theory,

16:35 that would make the pot not dangerous enough to justify taking your guns.

16:39 So, what are we even doing here?

16:42 Gorsuch was essentially asking why the government

16:44 picked this case with this drug right now.

16:48 The government didn't have a great answer.

16:50 Justice Sotomayor piled on, noting that Congress never

16:53 actually studied whether marijuana users are more dangerous.

16:57 I think the government gave this away when it

17:00 said that there was no determination by the legislature

17:05 on the dangerousness of the drug with guns

17:09 in terms of listing it on the schedules.

17:12 So doesn't that give away the whole game for that?

17:15 I I think it goes to show why this court would have to do

17:17 or a court would have to do its own inquiry because the bare

17:21 why bother meaning if Congress we can only

17:24 uphold the law if there is some defer to correct

17:29 but if no one has actually done the analysis whatsoever.

17:34 Justice Sotomayor's point was simple.

17:37 Congress never actually studied whether marijuana users are more dangerous.

17:41 They just put it on a list.

17:43 They're in the process of taking it off that list.

17:45 And yet, that list alone justifies

17:48 taking away a constitutional right, maybe forever.

17:52 But the direction is clear.

17:53 The court is skeptical that using marijuana

17:55 occasionally with your gun locked up at home

17:58 makes you the kind of person the Second

17:59 Amendment allows the government to permanently disarm.

18:03 And that is great news for everybody that likes to partake.

18:06 Whether you're in Michigan, whether you're in Nevada,

18:09 or in any state where marijuana is legal.

18:12 Now, if you feel the government hasn't over complicated this enough,

18:16 it gets worse because we need to talk about

18:18 hemp derived THC like delta 8 and delta 9.

18:22 You know, the stuff they sell at gas stations in candy bars and drinks.

18:26 I've had clients ask me straight up,

18:28 as long as it's being sold over the counter, it's obviously legal, right?

18:31 And the answer is very lawyerly, it depends.

18:35 So, we got to talk about hemp, the plant all of these products come from.

18:40 You can think of hemp as the non- intoxicating cousin of marijuana.

18:43 Back in the day, they used it for everything.

18:46 Sails, paper, textiles, ropes.

18:49 Colonial farmers were encouraged and even legally mandated to grow it.

18:53 But the government banned industrial hemp in 1937 because of reefer madness.

18:59 Marijuana, the burning weed with its roots in hell.

19:03 Which brings us to the 2018 Farm Bill,

19:06 a federal law that finally legalized industrial hemp again.

19:10 Let's hear for Congress.

19:11 It only took them 81 years to make this right.

19:14 Congress defined hemp as any cannabis plant containing

19:18 0.3% or less delta 9 THC by dry weight.

19:23 Anything above that threshold remained a control substance.

19:26 It seemed like a clean, simple line, but it wasn't.

19:30 What lawmakers failed anticipate was that cannabis

19:33 contains dozens of THC variants beyond delta 9.

19:37 Delta 8 THC, for instance, occurs naturally in hemp, but only in trace amounts.

19:42 You can't smoke it and get high.

19:44 But then you had chemists, these smart Walter White guys,

19:47 who quickly realized it could be synthesized and converted

19:50 from one legal compound into a psychoactive one.

19:54 And because the farm bill never mentioned delta 8

19:56 by name and because it derived from federally legal hemp,

20:00 it existed in a legal gray zone.

20:02 That same logic eventually extended to delta 9 products.

20:06 As long as a gummy or tincture stayed at or below 0.3% delta 9 by dry weight,

20:12 it was perfectly legal on its face and court started recognizing it.

20:16 In AK Futures LLC v.

20:19 Boyd Street, the Ninth Circuit,

20:20 looked at this exact issue and said, "The statute is clear.

20:23 Hemp included its derivatives and cannabonoids so

20:27 long as delta 9 THC stays below 0.3%.

20:31 That means delta 8 THC derived from hemp

20:34 qualifies as legal hemp under federal law,

20:37 even though it's psychoactive." So now you've

20:40 got products that absolutely get people high being

20:42 sold in places that were never part

20:44 of the marijuana regulatory system, like Circle K.

20:48 And the rules, they're all over the place.

20:50 Some states allow it, some states ban it.

20:52 Some are trying to figure it out in real time.

20:54 And good old Congress is still trying to rewrite

20:57 the farm bill to ban Delta 8 and 9.

21:00 I guess there's nothing else they have to worry about going on right now.

21:03 For now, Delta 8 remains legal in 22 states and Washington DC.

21:08 So, we've got marijuana that's legal in some

21:11 states and a federal crime in others.

21:13 We've got metabolites in your blood weeks after you sobered up.

21:17 We've got psychoactive products at the checkout counter at your local

21:20 convenience store and the law can change when you

21:22 step in and out of the post office because you

21:24 could be in the parking lot totally fine smoking up.

21:27 But the moment you step into federal property,

21:29 you risk the chance of going to jail.

21:31 Now, I'm not all doom and gloom.

21:33 The reality is in the United States, the trend is towards legalizing marijuana.

21:37 And I do think within 10 years,

21:38 we're probably going to have it legal across the entire country.

21:41 But it's not there yet.

21:43 Know your rights.

21:44 Don't admit to a police officer you've smoked up or you've done any

21:47 drugs and from your best friend who wants only the best for you.

21:52 And to keep you safe, always plead the fifth.

21:58 Now, all this highlights why it's so important to get

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