Tag: Marijuana

Society

Oregon State Fair To Host Marijuana Exhibit: Just As It Does For Cattle And Pumpkins

By Darren Smith, Weekend Contributor.

Marijuana LeafWe are now seeing the fruition of the campaign to normalize in society state legal marijuana. We’ve discussed previously how those on probation in Washington State no longer will face prosecution for marijuana usage, and where marijuana shops and billboard advertisements are seen alongside energy drinks and beach ready bodies. Now Oregon, having recently legalized marijuana, hosts at its State Fair exhibitions and competitions featuring legal weed. Let the Fairijuana begin!

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Courts, Criminal law

Marijuana Impairment DUI Arrests Face Challenges Due To Inaccurate And Unproven Impairment Studies

By Darren Smith, Weekend Contributor

Marijuana LeafThe standard for which Marijuana Impairment presumptive levels in DUI prosecutions are likely to be under scrutiny due to what some are regarding as unproven scientific evidence. Presumptive impairment levels for THC concentration in blood samples might not satisfy legal requirements from an actual driving impairment perspective. They could in-fact be regarded arbitrary and not scientifically supported.

States do have the legal authority to establish presumptive impairment levels, that is a measurable quantity of a substance sufficient to establish an element of DUI. In fact while the present presumptive alcohol level in the United States for ordinary drivers is .08, states have established .04 for commercial vehicle driving and some states have .02 for those under twenty one years of age who violate analog status offenses that do not define impairment as an element.

Now, the American Automobile Association’s Foundation for Traffic Safety cited a study that differences between individuals can be wide and greatly varied regarding impairment at a set blood THC level. While some drivers show obvious signs of impairment at low levels of THC blood concentration, other persons can have greatly elevated readings and show no outward appearance of signs of DUI.

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Academia, Constitutional Law, Criminal law, Society

Suspending Students For Odor Of Marijuana On Their Persons Problematic In Legal States

By Darren Smith, Weekend Contributor

wenatchee-high-school-logoThere is going to need to be a rethinking of how schools with their propensity toward zero-tolerance rules adjudicate students they suspect of marijuana use or possession. That issue was played out in over the course of recent months at a high school in Wenatchee, Washington where in October of last year school administrators suspended for five days a student based upon the odor of marijuana on his person. Washington is a state having legal recreational and medicinal marijuana possession and use.

Though marijuana possession or use is for those under twenty-one years of age is a status offense–a misdemeanor and violates school policy–having a odor of marijuana in itself is not indicative of violations of law. The student and his mother denied the student using or possessing marijuana, however the school district continued with the suspension. It turns out, as alleged by the mother and is the most probable explanation, the student had the aroma on his person as a result of her harvesting legal medical marijuana in the household. The mother has a prescription for medical marijuana.

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Courts, Criminal law, Justice, Society

It’s Time To Expunge Minor Marijuana Conviction Records In Legal States

By Darren Smith, Weekend Contributor

the-thin-line-of-medical-marijuanaSimple marijuana possession is legal in several states and is likely to be in others in the future. Yet, the taint of a marijuana conviction on record can be a limiting factor for the convicted seeking employment and other benefits–Especially for engaging in an act that is essentially legal in green states. While certainly the courts are under no present obligation to expunge these records, morally it can be argued that state legislatures should put this social handicap to a rest.

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Criminal law

Should Marijuana Laws Be Enforced By The Department Of Revenue And Not Traditional Law Enforcement?

By Darren Smith, Weekend Contributor

Marijuana LeafPrior to marijuana legalization in Washington, enforcement of state marijuana laws were, as with the various other states, primarily enforced by city police, county sheriff’s departments, and the state patrol.

Now the driving force behind state efforts has mostly shifted to the Washington State Liquor Control Board and the Washington Department of Revenue for licensing and revenue collection for state licensed producers, processors, and retailers. The medical marijuana aspect is currently unregulated by the state. There does remain, however, the illicit trade which still provides contraband marijuana and remains the largest supplier of the substance.

Yet when we look at other regulated substances such as alcohol and tobacco, local law enforcement officers rarely intervene in the illegal trade. The primary agency responsible for enforcement of these substances’ statutes is that of the Liquor Control Board.

Should enforcement of the marijuana laws be deferred by traditional law enforcement as well?

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Bizarre, Criminal law

Man Arrested After Mistakenly Sending Text Message Offering Marijuana to Deputy’s Friend

By Darren Smith, Weekend Contributor

the-thin-line-of-medical-marijuanaA man in Wenatchee, Washington was charged with Felony Possession of Marijuana With Intent to Deliver for what began as a text message. Unfortunately for him, his offer to illegally sell marijuana mistakenly went to a friend of a deputy sheriff.

After the incident, described in a Probable Cause Statement by a detective with the Columbia River Drug Task Force, Braxton Whited probably should consider reviewing his cell phone’s contact list.

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Politics, Society, Torts

Wenatchee, Washington City Council To Reconsider Prohibition of Marijuana Retailers After Lawsuit Filed

By Darren Smith, Weekend Contributor

Marijuana LeafCity of Wenatchee LogoWe reported last week of the City of Wenatchee prohibiting state licensed marijuana retailers and as a result a future retailer filed a civil suit against the city in Superior Court. It appears now the city council is trying to reverse its earlier position.

On Thursday of this week, the council held a public meeting after an executive council possibly discussing legal issues the city might face. During the public portion a majority of council members voted to direct the city attorney to draft an amendment to the ordinance that would omit a clause in the business licensing ordinance requiring businesses be compliant with federal law to be permitted to operate in the city.

One can probably surmise what instigated the city to have a change of heart, but the American Civil Liberties Union stated recently they would join the plaintiff’s case and were prepared to take the matter to the U.S. Supreme court.

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Criminal law

Bong Hits For Parolees: Washington Department Of Corrections To Allow Parolees To Smoke Weed

By Darren Smith, Weekend Contributor

Washington State Department of Corrections LogoParolees in Washington might actually look forward to going back to the joint. The Department of Corrections announced that most of those released on parole, about 14,000 individuals, may now use marijuana without being subject to random testing. Recreational marijuana use is legal in Washington after voters passed Initiative 502.

Annmarie Alyward, DOC’s assistant secretary said, “We’re putting some changes into effect so that we won’t routinely test offenders in the community for THC.” Delta-9 THC is the psychoactive compound in marijuana. “We don’t want them held to that level when, as a citizen, you wouldn’t be held to that level either. There’s no way the department of corrections is endorsing the use of marijuana. We are simply aligning with state law.”

This certainly represents a great departure from conventional community correction practices of the past.

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Congress, Criminal law, Justice, Politics, Society

House of Representatives Votes To Stop Federal Prosecutions Against Medical Marijuana

By Darren Smith, Weekend Contributor

the-thin-line-of-medical-marijuanaThe United States House of Representatives passed a bill preventing federal prosecutions against patients who use prescribed marijuana and cultivation where it is legal in the various states. If passed by the Senate and signed by the President it would mark a profound reversal in federal marijuana policy.

 

The House voted 219-189 in favor to an amendment of an appropriations bill. The amendment strips the Department of Justice of all funds for enforcing marijuana laws in states where medical marijuana is legal. This would not only include the Drug Enforcement Agency (DEA) but all other agencies as well as DOJ prosecutions, theoretically if signed into law prosecutions already in process must halt as well. With the recent signature by Minnesota’s governor, twenty two states and the District of Columbia have medical marijuana statutes.

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Bizarre, Free Speech, Religion

Burger Joint: Seattle Restaurant Advertises Easter Promotion Showing Jesus Smoking Marijuana

Submitted by Darren Smith, Weekend Contributor

LunchBox Laboratory AdRestaurant chain Lunchbox Laboratory caused a bit of a stir when it presented its annual 4/20 sale offering a thirteen dollar Burger of the Gods in a “Buy one get one free” special. 4/20 is celebrated in the cannabis subculture as a national holiday of sorts and the numbers refer to California Senate Bill 420 which authorized medical marijuana in that state. Events during this day are celebrated in many areas of the United States.

For the year 2014, April 20th coincides with Easter. In a melding of the two holidays Lunchbox Laboratory sought a new way to generate business.

The restaurant e-Mailed the advertisement to 13,000 subscribers with the add featuring a burger toting, joint toking Jesus who laments: “When I Get Back, All I Want is the Burger of the Gods.”
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Constitutional Law, Politics, Society, Torts

An Offer They Can’t Refuse: WA Legislature Introduces Bills To “Deal” With Localities Refusing To Allow Marijuana Sales

Entreating the Godfather

Submitted by Darren Smith, Guest Blogger

In another chapter in the switch of Washington State from waging a war on drugs to marijuana “regulator” the legislature has introduced a bill to punish cities or counties that ban recreational marijuana retailers and another bill rewarding them if they fall in line and allow it. Does this represent an overstepping of the ordinance making authority of local governments?

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