Category: Legalization of Marijuana or Cannabis

By Scott Limmer

An attorneys blog about criminal law and procedure, college discipline, Title IX and cases of Interest

Florida Air Travelers’ Cash May Be Seized if They Smell Wrong

If your travel plans include flying out of Fort Lauderdale, Florida, you’d be well-advised to make sure your clothes don’t have a lingering odor of marijuana. That’s because the police there has a habit of screening departing airport passengers for that telltale aroma, and when they detect it, relieving those passengers of the cash they’re […]

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New York Governor Will Try Again to Legalize Adult Pot Use

Although failing to make good last year on his plan to legalize adult recreational use of marijuana (or, as the New York penal code has it, “marihuana”), Gov. Andrew Cuomo (D) has renewed his intention to make that a priority part of his wide-ranging 2020 agenda, which is dubbed “Making Progress Happen.” In his annual […]

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California Prosecutors, Public Defenders Team to Toss Old Pot Convictions

UPDATE: Approved September 30, 208, California’s AB-1793 will resentence cannabis convictions and requiring the Department of Justice to review and provide prosecuting agencies with a list of cases that are eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation. The prosecution has a year, until July 1, 2020, to review said cases […]

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New York City Council Would Limit Pre-Hire Cannabis Tests

The New York City Council has passed two bills that, if signed by Mayor Bill de Blasio, would cut back on testing for marijuana use persons seeking employment, parole or probation, becoming the content for the New York City Drug Testing Law. One measure (Intro. No. 1445), approved on April 9, would forbid most New […]

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What does a criminal defense attorney tell his children about Marijuana laws in New York?

Smoking weed has always been a topic parents have to broach with their kids at some point. It used to be easier – the law was very clear, just say no. But with the legal landscape around the New York State Marijuana laws changing so rapidly, and the availability of not just weed, but also […]

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Are Prosecutors Trying to Undercut Lawyer-Client Privilege?

This May, Jessica McElfresh was arrested at gunpoint in San Diego, and local prosecutors soon brought several still-pending marijuana-related felony charges against her, including conspiracy, obstruction of justice, and manufacturing a controlled substance. What begins to make this highly unusual is Ms. McElfresh’s occupation: she’s an experienced criminal defense lawyer, regarded as one of the […]

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Will Federal Policy on Marijuana Change under President Trump?

Among the many things for which the administration of Donald J. Trump is being scrutinized is whether it will seek a major shift in federal policy on marijuana – and, if so, in which direction. It was one of a host of issues on which Sen. Jeff Sessions (R-AL) drew sometimes hostile questioning in January […]

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High Court Rebuffs States’ Attack on Colorado’s Pot Legalization

The US Supreme Court, by a 6-2 margin, has thrown out a challenge to Colorado’s marijuana legalization brought by neighboring states Oklahoma and Nebraska. The high court has original jurisdiction to hear lawsuits in controversies among states. As is usually the case when it declines to take a case, the Court did not issue an […]

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Will Legal Marijuana Score Major Victories in 2016?

Despite gains, in New York and elsewhere, on medical marijuana, in 2015 no state was added to the slim roster of those (Alaska, Colorado, Oregon, and Washington), plus the District of Columbia, that permit recreational marijuana use — despite confident predictions about this time a year ago. A ballot initiative in Ohio last fall failed […]

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Ohio Voters Reject Legalization Initiative by Almost 2:1 Margin

Ohio pot laws still deem the widely used recreational drug to be illegal. On November 3, Ohio voters turned down a ballot initiative, labeled Issue 3, to amend the state constitution by permitting state residents age 21 and up to buy, use and grow limited amounts of marijuana for personal or medical purposes. Despite national […]

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