Excerpt from The Highest Crop
Michelle Fields –
[Michelle Fields is a practicing New York State Attorney with litigation experience in the areas of State and Federal Criminal Defense, Business Immigration, Contract Law and Cannabis Regulatory ComplianceSEED/SDGs, and euGMP.]
Q1: The Biden administration has recently dismissed staffers that admitted to using cannabis due to it being illegal under federal law, despite some of the dismissed staff having used cannabis in states where it was legal.
What issues does the discrepancy in federal and state law introduce and how can they be overcome?
“The discrepancy is in enforcement as well as the Reasonable Accommodation Laws. When Marijuana is still illegal federally under the Control Substance Act, Federal employers and its employees have to adhere to this Act, however, the Biden dismissals weren’t due to a violation of CSA but a disqualifying factor when it comes to obtaining Security Clearance (Top Secret) coupled with other potential omissions-even the investment in Cannabis Stock is disallowed for Federal Employees who have Security Clearance. Lastly, States under the Americans with Disabilities Act and Human Rights Law will be able to accommodate Medical Marijuana Patients with documented qualifying medical conditions and or disabilities”
Q2: Do you feel that cannabis will be legalized federally in the near future and what are the main challenges that need to be overcome in order for this to occur?
“I am cautiously optimistic about the Marijuana Opportunity Reinvestment and Expungement Act (MORE) and the reason being is because of the substantial influences of Big Pharma and Tobacco currently in this industry as well as the seeming monopolization of the Multi-State Operators. Some of the challenges are numerous from the limited expungement of Federal Convictions with no State preemption as well as limited protection of our immigrant population as well as confusion between federal and state regulatory schemes”
Q3: How do you feel the current senate consideration of the SAFE Banking Act and Senator Booker’s Cannabis Legislation Bill will impact the federal decriminalization of cannabis use?
“The Safe Banking Act is very much needed and will make it easier to do business in this Industry–Freer Market. It will allow for low-interest loans and grants, reduce high payment processing fees; blockchain solutions, assist Social Equity applicants in obtaining capital-low interest loans and grants, affordable banking solutions as well as reduce robberies of dispensaries(smash and grabs)”