Seattle is vacating hundreds of misdemeanor marijuana convictions that occurred prior to the State of Washington legalizing recreational marijuana in 2012. The municipal court is vacating all misdemeanor marijuana convictions prosecuted by the Seattle City Attorney since 1996, when the city first took over prosecutions from the county. Because the conduct related to the convictions… Read more »
Proposed Change to Federal Marijuana Laws
A bill introduced in the US House of Representatives seeks to amend the Controlled Substances Act by deferring enforcement to the States and their respective marijuana laws. Authored by Congressman Dana Rohrabacher, of California, the bill called the “Respect State Marijuana Laws Act of 2017” has the support of 12 other representatives. The proposed change… Read more »
Nervous behavior alone is not enough for pat-down search
The MN Court of Appeals reversed a Felony 5th Degree Drug conviction where the officer discovered drugs after searching the defendant. The officer’s basis for the pat-search was largely based on the defendant acting nervous and placing his hands in his pockets. The Court held that the officer did not have “reasonable, articulable suspicion of… Read more »
20,000 Drug Cases Reviewed After Chemist Faked Tests
Today the Massachusetts’ highest court ordered prosecutors to review over 20,000 controlled substance cases involving Annie Dookham, a former state chemist. Back in 2013, Ms. Dookhan pleaded guilty to 17 counts of Obstruction of Justice, 8 counts of Tampering with Evidence, Perjury, and Falsely Pretending to Hold a Degree from a College or University. Ms…. Read more »
Small amount of marijuana does not include dabs, wax, or edibles
I often get calls from people who are confused as to why they are being charged criminally with a felony or gross misdemeanor because they had a small amount of resinous marijuana (wax, hash, THC edibles, dabs, butter, etc.). The confusion stems from Minnesota decriminalizing the possession of small amounts of marijuana (less than 42.5… Read more »
Smell of Marijuana Is Not Probable Cause to Search in MA
In two separate cases on Wednesday, Massachusetts’ highest court ruled the odor of unburnt marijuana alone does not amount to probable cause to search automobiles. Based on the decriminalization of one ounce or less of marijuana in the state, in 2011 the same court in Commonwealth v. Cruz held the smell of burnt marijuana no… Read more »
Drug conviction now required before MN law enforcement can take property
On Tuesday, May 6, 2014, Governor Mark Dayton signed a new forfeiture bill into law that requires a criminal conviction of a drug crime before the government can take any property associated with the crime. The law will go into effect on August 1, 2014. Under the current law, law enforcement have the authority to… Read more »
Fair Sentencing Act Retroactive: federal crack cocaine sentences reduced
The rise of crack cocaine use in the 1980s gave rise to the 1986 Anti-Drug Abuse Act which imposed significantly harsher federal penalties for crack cocaine in comparison the powder form. The 100:1 federal sentencing disparity between crack and powder cocaine offenses implemented by this legislation has routinely come under attack for being reactionary legislation… Read more »