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IN THE PRESS: Cannabis & Supreme Court Justice Brett Kavanaugh


Convectium on Brett Kavanaugh


The Fresh Toast recently consulted Convectium and several other brilliant cannabis minds on the appointment of Supreme Court Justice nominee Brett Kavanaugh and the possible impact it will have on legalization at the federal level. 

The Fresh Toast began with a little background in support of Kavanaugh:

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.

Convectium Founder Danny Davis agrees:

“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.”


We have no reason to believe Kavanaugh's appointment will negatively impact the state control of cannabis legalization and are excited to see the continued success of our industry!