New York Legalizes Recreational Use of Cannabis On March 31, Gov. Andrew Cuomo signed into law the “Marijuana Regulation and Taxation Act,” and New York became the 15th state to decriminalize adult recreational use of cannabis. The measure earlier cleared the state Senate on a 40-23 margin and had passed the state Assembly on a […]
Category: Legalization of Marijuana or Cannabis
Article: Top State Court: Pa. Counties Cannot Bar Medical Marijuana to Those on Probation
The Pennsylvania Supreme Court ruled that the state’s recently enacted law allowing medical use of marijuana prevents counties from barring medical marijuana use by ex-inmates released on probation. In the case of Gass et al., v. 52nd Judicial District, Lebanon County, brought as a class action by the American Civil Liberties Union on behalf three […]
Article: 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 […]
Article: 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 […]
Article: 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 […]
Article: 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 […]
Article: 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 […]
Article: 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 […]
Article: 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 […]
Article: 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 […]