Loophole Could Make Recreational Marijuana Available in Louisiana
Legal Loophole: How Louisiana's Tribal Lands Might Pave the Way for Recreational Marijuana.
Marijuana is available by prescription only in the state of Louisiana. In order to obtain a prescription a patient would need to visit with a qualified physician and be diagnosed with one of the qualifying ailments the medicine has been found effective in treating.
Medical marijuana dispensaries can be found in Lafayette, New Iberia, Baton Rouge, Shreveport, New Orleans, and a host of other cities across the state. Basically they are like drug stores that only sell one medicine. And this will be the way marijuana users will get their "medicine" in Louisiana for the foreseeable future.
Or is it possible that based on Louisiana and federal law, there could already be four places in the state that could already be selling recreational marijuana to anyone who is of the legal age to buy it?
Disclaimer time, I am not a lawyer and I am not well-versed in legal statutes regarding the sale and use of marijuana. But like you, I have questions and when I see people in other states doing something that we could be doing here, I have to ask myself, why aren't we doing that? I will leave it up to smarter people to decide if we "should" be doing it.
The genesis of my question regarding a legal loophole in Louisiana marijuana laws comes from North Carolina. In that state, the Eastern Band of Cherokee Indians have added the sale of recreational cannabis to their revenue stream. We should note that marijuana is not legal for any purpose in North Carolina. How are they able to sell an illegal substance legally? Quite simply because they can.
Back in May, the federal government reclassified marijuana from a Schedule I drug to a Schedule III drug. That means it could become federally legal to prescribe as a medication. This change in classification opened the door for the Eastern Band of Cherokee Indians to begin the process of selling recreational marijuana.
You have to understand the EBCI (Eastern Band of Cherokee Indians) is a "federally recognized, self-governing tribe". You would think that if a Native American Tribe in Louisiana was also recognized in that way they too could begin the process of offering recreational marijuana for people to purchase.
I haven't looked at the charters of Louisiana's Native American tribes but I bet if they operate a gaming facility on their lands, that language is in there. Are you beginning to figure out where the "four" possible places this could happen would be?
The catch in the loophole might be how the marijuana is manufactured. Based on research the product would have to be produced on tribal lands. In other words, they would have to grow, cultivate, prune, harvest, and package the product without leaving their sovereign borders. So the possibility is there. It's how they manage to circumvent state and federal gaming laws.
As of this report, we are unaware of any Native American Tribes in Louisiana that are contemplating acting on the possibility of providing recreational marijuana. And even if they started acting on it today it would be several years before all of the legal hurdles could be cleared and a product produced for sale to be offered.
Meanwhile, we should expect legislation about the legalization of recreational marijuana in Louisiana to be introduced at the next legislative session. Attitudes about marijuana in Louisiana have changed drastically over the past decade and it would not be a surprise if "recreational" passed either in the upcoming session or the next session. You could say it's "been on the prevailing wind" for quite some time now.
10 Secret Telltale Signs Someone is Using Marijuana
10 Telltale Signs Someone is a Marijuana User
In our humble opinion not everyone who uses cannabis is a “stoner”. To me “stoner” implies misuse of the drug. And yes, cannabis, THC, marijuana, is a drug. Just like alcohol is a drug. So, not all who drink are alcoholics and not all who smoke are stoners, but smokers do get stoned and casual drinkers do get drunk. Here’s what to keep your eyes and other senses peeled for.
Ooh That Smell
Marijuana has a strong odor. It stinks not only when it’s being smoked but just when it’s laying around. The smell is similar to that of a skunk or a decaying animal in some cases. Once you’ve smelled it, you know it. And if someone is smoking “flower” just like tobacco smoke the smell will remain in their hair, clothes, and on their breath after consuming.
How They Answer This Question
I am not sure if it’s even politically correct to even ask someone this but if you ask innocently, “Do you smoke”? And they reply, “Smoke what”. About 90% of the time you have your answer confirmed. Tobacco smokers just say yes. Non-smokers just say no. Marijuana users need more information before they can answer.
Look At Their Lighter
Cigarette lighters are legal just about everywhere, but they tell a secret story of who is lighting what. If you smoke cigarettes, you flick your Bic, light your stick, and wait for the cancer diagnosis. If you smoke marijuana, you will likely need to hold the flame longer and use the lighter itself to manage the bowl. That leads to tell tale “Burn” marks on the side or bottom of your lighter. Sneaky? Yeah, but this one is a 100% tell.
They Have a Certain Walk
No, I’m not talking about a drunken stagger, there is a distinct “walk” that almost every marijuana user has after they consume. People who “use” generally don’t move their shoulders as much when they walk. However, their elbows seem to move faster and more fluidly. Their knees also swing more quickly too. No, seriously, it is phenomenon researchers are investigating.
What's In a Word
The answer to that query is “everything actually”. Non-users usually refer to cannabis as marijuana. Those who use, specifically smokable flower, call it weed. They might also call it pot. But nobody who is firing one up behind the H.E.B. after work calls it cannabis. That’s for people who report the news and doctors who prescribe it.
Check Out Their Fashion Sense
Clothing plays a big part in figuring out the marijuana mystery. If they wear clothes adorned with marijuana leaves, yeah, that’s a giveaway. If they wear clothes that have tiny holes burned into them, chances are those are “seed pops” that caused a spark to land on the clothing a burn a small pinhole. Of course, there’s the stink too.
They Like to Lunch Alone
Think of the people you hang out with; do they usually go off by themselves at lunchtime or during gatherings? When they return, they seem to be a lot calmer and more relaxed. If at a family gathering, they suddenly develop a need for exercise and want to “go take a walk” you might have a reason to wonder.
Where Do They Travel on Vacation
When they speak of places they like to visit, they usually speak of the same places repeatedly. Is marijuana legal in those places? For the longest time the entire Jamaican economy seemed to be based on “ganja”. And if they have a story about the time, they “got lost in Amsterdam”, it’s a pretty good bet they know where you can find your next buzz.
They Enjoy Unique Food Combinations
The munchies are real y’all. Marijuana users who consume flower, edibles, vapes, or dabs all get the munchies. That leads to great food combos such as potatoes and syrup, Lucky Charms and ice cream, or a glass of smashed Twinkies in milk. Yeah, it’s gross. Sure, it’s good. But yeah, it’s hard to explain why Hershey’s syrup was used on the watermelon.
They Are Way Too Smart For the Job They Have
We all know that one person who is way overqualified to be in the job they have but they seem to enjoy it and they do it well. They’re usually very quiet, they work better by themselves, and they’re never around at 4:20 in the afternoon. They don’t socialize with others in the office and when they do, they sit in a corner. Their fashion sense is not in step with the rest of the world and quite honestly, they just want to do their job and go home.
