420 with CNW — Florida GOP Senator Files Medical Cannabis Bill for 280E Relief

Last week, a senator in Florida introduced a measure that would allow licensed medical-cannabis businesses to claim tax deductions. At the moment, legal marijuana businesses in the country aren’t allowed to claim deductions because of section 280E of the IRS code, which bars deductions from being claimed for illicit substances.

Section 280E prohibits businesses from deducting business expenses from gross income linked to the trafficking of Schedule I or II drugs. Currently, marijuana is still classified under Schedule I of the Controlled Substances Act. The measure, filed by GOP senator Ana Maria Rodriguez, would add Florida to a growing list of other states that have established tax parity for the marijuana industry.

The bill would amend the state’s tax code by permitting medical-marijuana operators to claim deductions in amounts equal to expenditure eligible to be claimed as federal income tax deductions. It should be noted that this measure would only extend relief to state medical-marijuana businesses.

Other states that have taken similar steps include Pennsylvania, whose House passed a sweeping tax reform measure in October containing language offering state relief to medical-cannabis businesses. The proposal hasn’t been fully accepted by GOP members, who see it as a giveaway by Democrats to the marijuana industry.

In November, New York’s governor signed a measure offering tax relief to cannabis businesses in the state. This comes after a budget measure enacted in 2022 included provisions to broadly permit state-level marijuana business tax deductions. Maine’s governor had, in August, signed a resolution decoupling state tax from the federal policy for marijuana businesses.

Earlier in June, Connecticut’s governor signed a budget measure that included provisions offering state-level tax relief to licensed cannabis businesses as a workaround for the industry. That same month, the governor of Illinois signed a budget measure that included provisions permitting licensed cannabis businesses to claim tax deductions that they’re currently barred from utilizing under Section 280E. In May, the governor of New Jersey also signed a bill that would permit licensed cannabis businesses to deduct some expenses on their tax returns as a partial fix.

At the congressional level, Representative Earl Blumenauer reintroduced a measure that would amend the code to permit state-legal cannabis businesses to claim tax deductions that are available to businesses operating in other industries. In an interview, Blumenauer explained that allowing state-legal businesses to fully deduct their business expenses would result in additional revenue collection because individuals would comply with the law.

This growing wave of states seeking ways to give the cannabis industry tax relief at the state level could afford enterprises such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) a breather that allows them to bring more innovative products to the market.

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CNW420 spotlights the latest developments in the rapidly evolving cannabis industry through the release of two informative articles each business day. Our concise, informative content serves as a gateway for investors interested in the legalized cannabis sector and provides updates on how regulatory developments may impact financial markets. Articles are released each business day at 4:20 a.m. and 4:20 p.m. Eastern – our tribute to the time synonymous with cannabis culture. If marijuana and the burgeoning industry surrounding it are on your radar, CNW420 is for you! Check back daily to stay up-to-date on the latest milestones in the fast -changing world of cannabis.

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420 with CNW — Data Shows Arizona Exceeded $1B in 2023 Cannabis Sales in September

September saw Arizona’s marijuana sales surpass $1 billion for the year following a pattern that both recreational and medical markets seemed to have stabilized over the previous few months. The state’s revenue department (ADOR) data for August and September reveals a consistent pattern, with medical sales remaining around one-third of recreational sales.

September’s medical sales were marginally below $27 million, down from $28.7 million in August. This represents the lowest in medical sales since the legalization of recreational marijuana in 2021. The last time medical sales surpassed $30 million was in June, and they have been consistently declining from the peak of $73.4 million in April 2021.

Contrastingly, recreational sales have remained robust, consistently surpassing $80 million since dropping below $90 million in May. August reported recreational cannabis sales at $85.8 million, followed by slightly more than $80 million in September. The recreational market has only failed to reach the $80 million mark twice —in May and June of 2022 at $79.3 million and $77.2 million, respectively.

However, those figures could alter because ADOR often modifies the figures from previous months with new reports. For example, the most recent announcement from ADOR raised July’s medical sales from $26.1 million to $27.3 million, while recreational sales changed from $77.4 million to $80.5 million.

As of September 2023, total medical marijuana sales for the year reached $267 million, while recreational sales amounted to nearly $797 million, culminating in a year-to-date total of almost $1.1 billion. Since the commencement of recreational cannabis sales in 2021, the industry has generated more than $4 billion, with approximately $2.5 billion attributed to adult-use sales.

The state has collected substantial taxes from both sectors, with $2.2 million and $2.4 million from medical cannabis sales in September and August, respectively, and $12.8 million and $13.7 million from recreational sales. Arizona applies a standard sales tax of 5.5% and a 16% excise tax on recreational sales. Medical patients only foot the standard 5.5% sales tax. Local jurisdictions add roughly 2% to all cannabis sales.

Around $174.5 million has been collected thus far in 2023 from the recreational sales excise tax. In 2021, recreational marijuana generated $33 million, and in 2022, the figure surged to $132.7 million. Since recreational cannabis legalization, the state has amassed more than $392 million in cannabis excise taxes.

The tax revenues are allocated to various sectors: 10% goes toward the justice reinvestment fund, which supports communities disproportionately impacted by cannabis criminalization; 34% goes toward community colleges; 31% goes toward public safety; and 25% goes to the Arizona Highway User Fund.

There were 121,047 qualified cannabis patient cardholders as of October 2023, compared to 123,795 in September. Before the introduction of recreational cannabis, there were 299,055 qualifying patients. The report also noted that 4,475 pounds of cannabis were purchased for medical purposes in October, down from 4,622 in September, bringing the total for the year as of October to 47,076 pounds.

The thriving marijuana industry in Arizona in a way depicts what is happening in many markets in which regulated cannabis sales are allowed and companies such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) obtain licenses to commercialize innovative cannabis products.

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420 with CNW — Rescheduling Cannabis Would Free Some Marijuana Companies from Section 280E

Earlier this year, the Department of Health and Human Services recommended that cannabis be moved to Schedule III of the Controlled Substances Act. This recommendation is currently being reviewed by the U.S. Drug Enforcement Agency (DEA). In the event that marijuana is reclassified, cannabis companies will no longer be affected by Section 280E of the IRS code.

Section 280E specifically forbids any business linked to the trafficking of substances classified under Schedule I or II from deducting business expenses from their federal tax returns. Surprisingly, however, the cost of goods sold, whether it’s drugs or other products, is still an allowable deduction.

This change will allow cannabis businesses to claim deductions for business expenses incurred during the financial year.

Section 280E was introduced in the early 1980s when Congress amended the tax code following a court ruling that allowed Jeff Edmondson, a convicted cannabis and cocaine trafficker, to claim deductions for expenses incurred during the sale of drugs.

Whitney Economics cofounder Beau Whitney believes the tax code affects cannabis retailers the most. As per his estimations, cannabis retailers in America collectively pay about $2 billion more on their federal returns. If section 280E didn’t apply, these businesses would be able to deduct their expenses.

In total, these monies add up to a tax rate in excess of 70%, almost four times higher than the 21% tax that other businesses pay on corporate income. This doesn’t mean that growers and manufacturers aren’t affected; they are, just to a lesser extent, because they usually aren’t paid until their products are sold.

It is expected that the DEA may reschedule cannabis in the first half of 2024. This change is expected to significantly decrease the cost structure of the marijuana industry, particularly for the retailers. The reduced tax burden could also lead to a decrease in retail prices for consumers, which could cause demand for marijuana products to increase.

Additionally, businesses would be able to plough returns back into their businesses. Adam Goers, senior VP for The Cannabist Co., stated that the loss of 280E would bring additional capital to the industry, for both small and large firms. This together with SAFE Banking, he noted, would establish a sustainable industry and allow focus to shift toward the federal legalization of marijuana. At the moment, however, marijuana remains classified as a Schedule I drug. Drugs under this classification are identified as having no accepted medical use and a high potential for abuse.

The anticipated scheduling change would be a big boost to the cannabis industry, including companies such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) that would not only benefit from getting relief from 280E but would also be able to access more institutional capital to expand their operations.

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420 with CNW — Missouri Companies Sell Cannabis Products Worth $1B in 2023

Missouri’s cannabis industry has surpassed $1 billion in sales of medical and recreational marijuana products for the year 2023, as disclosed by the state’s Department of Health and Senior Services (DHHS). In October alone, retailers transacted approximately $95.5 million in recreational cannabis products and an additional $17.6 million in medical cannabis.

Although these figures reflect a slight decrease compared to the previous month, they contribute to the overall 2023 sales, pushing the state’s total marijuana revenue beyond $1.1 billion.

The trajectory of adult-use cannabis sales has exhibited a gradual increase since the commencement of sales in February. Conversely, the sales of medical cannabis have experienced a consistent decline. Notably, there has been a reduction in the number of registered medical cannabis patient cultivators, caregivers and patients throughout the year.

Cumulatively, all cannabis sales in Missouri since 2020 amount to $1.7 billion, according to the DHHS. These figures are, however, approximations, deviating from the conventional reporting format of most states, as Missouri’s DHHS rounds the numbers to the nearest $100,000.

As part of the state’s utilization of tax revenue, lawmakers recently announced the allocation of $17 million to support veterans’ drug treatment, health and legal aid initiatives.

Missouri’s cannabis industry has encountered significant challenges this year, including the recall of thousands of marijuana products due to the alleged illegal use of hemp-derived cannabinoids from outside Missouri. Regulators moved to revoke the business license of Delta Extraction, a company central to the incident. This development raised concerns, particularly regarding practices at product testing labs, which had faced criticism earlier in the year for alleged lab shopping to achieve higher THC potency numbers.

The state, however, rescinded the recall of nearly 15,000 products last month, allowing the products to be returned to dispensary shelves after a storage mandate since early August. The state’s marijuana regulator stated last month that a review of product-tracking records confirmed some recalled marijuana products contained THC sourced exclusively from Missouri’s regulated market.

Moreover, a cannabis retailer, Point Management, operating as Shangri-La, Columbia, recently settled a dispute with a union, resolving 15 charges of unfair labor practices. The settlement mandates the reinstatement of five employees and requires the retailer to compensate more than $145,000 in back pay, front pay, interest and damages for direct or foreseeable financial harm to 10 employees.

In a separate development, legislators criticized the state’s marijuana regulators for exceeding their authority in setting new rules on product branding and packaging aimed at reducing appeal to children.

The booming sales registered in Missouri may depict the broad success that established cannabis companies such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) are enjoying in the markets in which they operate.

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420 with CNW — Gallup Poll Finds Most Americans Disenchanted with Federal Drug Policy

A new survey has found that more than 50% of Americans believe the country has lost ground in the war on drugs. The poll, conducted by Gallup, also showed that 24% of respondents believed America had made progress. This is quite a difference from responses given on the same query in a 2019 survey, which stood at 30% for losing ground to 41% for making progress.

This difference can be attributed to growing concern and awareness about the opioid epidemic, which has seen many individuals fall victim to drugs such as fentanyl. The shift may also reflect increased awareness on how the criminalization of drugs by the federal government has failed to produce any positive outcomes.

The analysis also showed that 75% of Republicans believed America had made no progress on illicit drugs while only 12% held positive views. Most Independents also held negative views as per the poll results, with 52% believing that the situation was worsening and only 22% believing progress had been made. With regard to Democrats, 27% felt the situation was getting worse while 40% believed they had seen improvements.

The report noted that it was possible that the media had played a role in fueling the negative perspective on the drug war, with some coverage feeding into a narrative that associated the misuse of some substances with progressive politicians and policies. The poll also found that about 74% of Americans thought the drug problem was extremely severe, with Independents and Republicans rating the situation in their local areas similarly at almost 40%. Democrats, on the other hand, were less likely to believe this, with only 27% reporting these sentiments.

While the drug issue in the country wasn’t explicitly defined, Gallup noted that the results were released at a time when the number of individuals succumbing to overdoses of dangerous drugs was rapidly increasing. In its conclusion, the polling firm stated that the general public was the most pessimistic it had ever been with regard to the illicit drug problem in the country. It further noted that increasing concern about the nation’s progress could make drugs an even more significant campaign issue in the 2024 presidential elections, which would in turn put more pressure on candidates to formulate plans to address the issue.

Thus far, all Republican primary debates for presidential candidates have touched on the fentanyl overdose epidemic, with candidates such as former New Jersey Gov. Chris Christie emphasizing the importance of focusing on addiction treatment and preventative care. Others, such as the current governor of Florida, Governor Ron DeSantis, have called for a militarized response that targets drug traffickers.

The discontent that the American population has regarding the way the federal government has handled drug policy echoes the frustrations that the marijuana industry and its actors such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) go through as they endeavor to serve their customers while adhering to state laws and trying to navigate contradictory federal law at the same time.

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420 with CNW — Cannabis Firms Uplist Stocks in Canada in Preparation for US Listing

Multiple marijuana multistate operators (MSOs) are elevating their stock listings in Canada to higher-tier exchanges, setting a trend that more are likely to follow. However, their main objective appears to be listing on U.S. exchanges such as the NASDAQ or the New York Stock Exchange (NYSE).

The shift involves MSOs moving from the lower Canadian Securities Exchange (CSE) to the Cboe Canada Exchange or the Toronto Stock Exchange (TSX). This transition holds potential advantages, including increased liquidity and trading volume, access to institutional investments, and meeting stricter listing requirements, aligning these companies closer to conditions necessary for listing on the NYSE or Nasdaq.

Matt Karnes, founder of GreenWave Advisors, a New-York-based marijuana investment research company, states that the move to uplist is a preparatory step for these companies to position themselves better for a potential transition when federal policies, such as legalization, allow U.S. exchange listings for plant-touching companies.

Some of the MSOs that are uplisting include TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF), based in Toronto, which moved to the TSX from the CSE in July. Additionally, Verano Holdings, headquartered in Chicago, made a move from the CSE to Cboe Canada, while Curaleaf Holdings, based in New York, is in the process of transitioning from the CSE to the TSX.

The shift from the CSE to larger exchanges has provided these MSOs with increased access to a broader investor base, solving issues related to institutional investment and enhancing trading volume. TerrAscend’s executive chair Jason Wild noted the company’s increased trading volume and access to institutional investors since joining the TSX.

According to Darren Weiss, president of Verano, while listing on a more senior Canadian exchange offers the advantage of quicker access to U.S. equity markets when federal policy changes occur, it is still not on par with major U.S. exchanges such as the NASDAQ.

The primary obstacle for plant-touching cannabis companies listing on major U.S. exchanges like the NYSE or NASDAQ is the federal illegality of marijuana. However, some creative corporate restructuring, as demonstrated by Canopy Growth Corp.’s creation of Canopy USA, has allowed for a workaround to list on the TSX. TerrAscend also engaged in similar restructuring to meet TSX listing requirements, while Verano found a more straightforward path via Cboe Canada without needing significant restructuring.

The increasing trend of MSO uplisting in Canada is likely to continue, according to Karnes, unless U.S. regulatory or legislative reform permits domestic stock listings for plant-touching cannabis companies. That would allow these companies to bypass the Canadian exchanges and list directly on U.S. exchanges. However, the timing and likelihood of such reforms remain uncertain.

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420 with CNW — Massachusetts Marijuana Firms Challenge Federal Ban on Cannabis

Last week, an alliance of marijuana companies in the state of Massachusetts filed a lawsuit that challenges the federal prohibition of cannabis as it applies to individual states. Currently, marijuana remains classified as a Schedule I substance under the Controlled Substances Act. This is despite the fact that the medical use of marijuana is legal in 38 states, 4 U.S. territories and the federal District of Columbia. Adult-use marijuana is also legal in 23 states, 3 U.S. territories and D.C.

The Controlled Substances Act was enacted by the 91st United States Congress and signed into law by President Richard Nixon in 1970.

In their suit, the companies argue that the Controlled Substances Act, which prohibits the growing, manufacture, sale and possession of intrastate cannabis, is an unconstitutional ban. They maintain that this act deprives marijuana companies of their rights under the Fifth Amendment by depriving them of liberty without due process and by introducing unlawful and unwarranted federal government intrusion into their businesses.

The coalition has asked that the Massachusetts district court deem the act to be unconstitutional, in their quest for a declaratory judgment. The suit names its sole defendant as U.S. Attorney General Merrick Garland.

The challengers also note that the Controlled Substances Act subverts state cannabis programs, giving the example of the 2012 Massachusetts Medical Marijuana Initiative. During this time, voters in the state opted to legalize medical cannabis. A few years later in 2016, the Massachusetts Marijuana Legalization Initiative was introduced, with voters legalizing recreational cannabis for adults.

The lawsuit states that the comprehensive state regulations protect consumers while also ensuring that the regulated cannabis sold in Massachusetts is distinguishable from illegal, interstate cannabis.

The suit also claims that the Controlled Substances Act harms small and large businesses and threatens public safety. The companies argue that because of this act, marijuana businesses aren’t able to take part in federal programs. It also leads to issues with advertising, hiring, loans, payroll and insurance because most service providers have affiliations with the federal governments.

At the moment, state-regulated marijuana businesses are not allowed to use credit-card processors because financial institutions are regulated by the federal government. By relying on cash, most cannabis businesses have a higher risk of being robbed.

Following the suit’s filing, Verano president Darren Weis, stated that he was honored to be supporting this groundbreaking suit that pushed for equal treatment under the law. Weiss is one of the plaintiffs involved in the suit.

This lawsuit is likely to draw the attention of many cannabis companies that are operating in other jurisdictions such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) since it could have implications for the industry across the country.

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420 with CNW — Lessons for Ohio from Michigan’s Recreational Cannabis Launch

Ohio may soon be the latest state in America to legalize recreational cannabis. Reform activists collected enough signatures for a legalization initiative titled Issue 2, and Ohioans are on track to vote on the measure in November.

Multiple polls have found that most Ohio residents plan to vote in favor of the initiative to legalize and regulate recreational cannabis in the state. For example, a September poll by the Coalition to Regulate Marijuana Like Alcohol found that 55% of voters would “probably” or “definitely” support the recreational cannabis legalization initiative.

Before Ohio potentially launches the latest recreational cannabis market in the country, the state could learn from neighbor Michigan, which legalized recreational marijuana in 2019. Soon after, border towns such as Adrian, Michigan, were home to dispensaries that regularly served customers from Ohio.

Amazing Budz dispensary general manager Chris Jacobson notes that half of his customers drive from Ohio, many of them wearing Ohio State University jerseys. Jacobson says some customers come in search of a sleep aid while others are looking for something to boost their appetites.

Ohio Issue 2 will legalize the cultivation, processing, distribution, sale, purchase, possession, home cultivation and use of cannabis for adults aged 21 years and older. It would allow adults to possess up to 15 grams of cannabis concentrates and up to 2.5 ounces of cannabis while also allowing the cultivation of up to six cannabis plants at home.

Local and state taxes on cannabis sales would be divvied up between social-equity and job programs, addiction treatment and education, funding for dispensary host communities, and administrative and regulatory costs.

If Ohio does legalize recreational cannabis, the state could learn some lessons from Michigan’s adult-use industry as well. This could include the average onboarding process for customers at cannabis dispensaries.

Jacobson says his dispensary serves all adults aged 21 and older regardless of their state of origin and uses state-issued IDs to verify customer identity and age. Like Michigan, Ohio first started with a medical cannabis industry and could copy Michigan’s format of dispensaries selling both recreational and medical cannabis.

For instance, Amazing Budz started out as a medical cannabis dispensary, incorporated adult-use marijuana two years later, and now serves both medical and recreational cannabis customers. Jacobson says the creation of cannabis testing standards reduced the risk of tainted products hitting the market, something that could also benefit the Ohio market and protect Ohioans from consuming contaminated cannabis products.

However, recreational cannabis operators in Ohio will also have to deal with the drawbacks of federal prohibition, such as lack of access to banking services.

If and when Ohio eventually launches its recreational marijuana market, opportunities will open up for many companies to potentially grow to the levels that other cannabis enterprises such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) have risen to in the years that they have been in operation.

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420 with CNW — Cannabis Growers in Canada to Benefit from $2.6B Federal Funding Program

Eligible Canadian marijuana cultivators and processors can seek financial support through the new Sustainable Canadian Agricultural Partnership program (Suitable CAP), valued at C$3.5 billion ($2.6 billion). The program could bring relief to the smaller players in Canada’s marijuana industry that have been grappling with continuous deflationary pressures and intense competition, coupled with limited access to funds from private-sector lenders.

The support provided by the Sustainable CAP will be an addition to various other federal funding sources that Canadian marijuana companies have been leveraging. These include the National Research Council Canada (NRC), the Industrial Research Assistance Program (IRAP), and the Scientific Research and Experimental Development (SR&ED) program. The Sustainable CAP program is a collaborative effort between the federal and provincial governments under the umbrella of Agriculture and Agri-Food Canada, the governmental department responsible for agriculture.

George Smitherman, CEO of the Canada Cannabis Council, expressed satisfaction with the initiative, describing it as a significant shift in the agricultural department’s acknowledgment of cannabis as a value-added agricultural product. The council serves as the national industry association, representing the interests of numerous licensed processors and producers in the country.

Replacing the Canadian Agricultural Partnership (CAP), the Sustainable CAP program will be operational from April 1, 2023, until March 31, 2028. It comprises a C$1 billion allocation for activities and programs directly managed by the federal government, with an additional C$2.5 billion committed to cost-shared programs overseen by territories and provinces.

Until now, no marijuana companies have been involved in federal projects under the Sustainable CAP.

One of the federal programs of Sustainable CAP that marijuana-related enterprises may qualify for is the AgriAssurance Program, which includes two segments: the Small and Medium-Sized Enterprise (SME) and the National Industry Association (NIA). The NIA segment finances projects at the national level to facilitate the industry in creating and adopting tools, standards and systems that bolster safety and health claims pertaining to agricultural and agri-food Canada products. The SME segment aims to aid for-profit SMEs in executing assurance projects that cater to market and regulatory prerequisites.

Cannabis businesses are eligible to seek funding from both the AgriScience and AgriInnovate programs, provided that their proposals align with the program’s objectives, they possess valid licenses and their activities are consistent with their Health Canada licenses.

Applications for Sustainable CAP programs are evaluated on an individual basis, contingent on the specific program’s funding criteria. Additionally, applicants must already possess the requisite licenses and comply with federal and provincial laws and regulations, including the Cannabis Act.

Licensed operators such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) could be pleased by these developments that show that the cannabis industry is now being embraced as any other industry that needs to be supported in any way possible so that it can thrive not just nationally but on a global scale too.

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420 with CNW — DOJ Defends Ban on Gun Rights of Medical Cannabis Users in Federal Appeals Court

A federal court of appeals recently held oral arguments in a case addressing the constitutionality of the federal ban that prevents medical cannabis patients from buying or owning firearms. The proceedings unfolded before a three-judge panel of the U.S. 11th Circuit Court of Appeals, where lawyers representing the Justice Department and Florida’s medical marijuana patients presented their respective arguments. The case has been extensively discussed through numerous briefings spanning over a year.

The plaintiffs’ attorney, Will Hall, outlined two key reasons supporting the federal ban’s unconstitutionality. Firstly, Hall argued that regardless of whether marijuana usage is lawful, committing a crime does not automatically deprive people of their Second Amendment rights. Secondly, he asserted that the Supreme Court has established new standards for evaluating gun limitations, declaring them illegal unless they are consistent with the historical background of the Second Amendment, which was passed in 1791. Hall said that prohibiting people who use medical cannabis is inconsistent with this historical setting.

While the Justice Department’s counsel conceded that illegal drugs were not widely used when the law was set, he argued that early laws restricting gun rights because of conditions such as mental health and intoxication serve as historical precedents consistent with the goal of the federal gun ban for regular cannabis users.

The discussion also delved into the definition of a law-abiding person whose Second Amendment rights should be safeguarded. One of the judges observed that it would seem incongruous to categorize state-registered medicinal cannabis patients as not adhering to the law in light of the federal rider, which has been extended yearly since 2014 and bans DOJ involvement in state medical-marijuana programs.

Both parties and judges acknowledged that the forthcoming Supreme Court case, U.S. vs. Rahima, which addresses the disarming of individuals with domestic violence injunctions, could influence the ruling in this case by clarifying whether Second Amendment rights can be systematically denied to nonlaw-abiding individuals for whatever reason.

The hearing also referenced a ruling by the U.S. Fifth Circuit Court of Appeals in Daniels vs. the U.S., which declared the ban on marijuana users possessing firearms unconstitutional, even for recreational cannabis users. The DOJ expressed disagreement with this ruling, reiterating its reservations about the foundation of the decision.

The plaintiffs in the current case are seeking a narrow declaration, distinct from Daniels, specifically addressing state medical marijuana patients who are law compliant.

Several district court rulings have also questioned the constitutionality of the firearms ban for marijuana users, including cases in Oklahoma and Texas. Additionally, the ATF has voiced concerns regarding state laws allowing medical marijuana patients to obtain concealed carry gun licenses, citing potential risks and conflicts with federal firearm licensing policies.

Major marijuana companies such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) are likely to follow this court case keenly since it would address one of the big concerns that many people have about using state-legal marijuana products, which are regarded illegal by the federal government.

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