“The only resolution to this constitutional conflict is for the Supreme Court to invoke the doctrine of estoppel to prevent the federal government from reversing course and retroactively penalizing that which it has protected in fostering state cannabi…
Category: LITIGATION
LIFE FOR POT: Why Relief Is Needed For Incarcerated Cannabis Offenders
John Knock, now 72 years old, has been in custody and already served 24 years towards his interminable bit of two life sentences plus twenty years for his first offense and involvement in a non-violent marijuana distribution conspiracy.
New Jersey: Court Affirms Employer Must Reimburse Worker for Medical Marijuana Expenses
Justices opined, “Because we conclude the order does not require [employers] to possess, manufacture or distribute marijuana, but only to reimburse petitioner for his purchase of medical marijuana, we discern no conflict between the CSA (federal Controlled Substances Act) and MMA (the New Jersey Compassionate Use Medical Marijuana Act).”
Court: DEA Must Explain Its Failure to Act Upon Pending Marijuana Cultivation Applications
A federal court has ordered the Drug Enforcement Administration to respond to a lawsuit charging the agency with failing to move forward with a 2016 policy to expand the total number of federally licensed marijuana cultivators.
Michigan: State Supreme Court Rules Police Search Of Passenger’s Personal Property Is Unconstitutional
The warrantless search of a passenger’s personal property during a traffic stop is unconstitutional, according to a ruling by the Michigan Supreme Court.
Ninth Circuit Court Rejects Challenge To DEA’s Classification Of Marijuana Extracts
A three judge panel for the Ninth Circuit Court of Appeals has denied a petition filed by the Hemp Industries Association challenging the DEA’s authority to establish a new administrative drug code specifically for marijuana extracts. Petitioners say that will appeal the ruling.
Federal Judge Dismisses Lawsuit Challenging Marijuana’s Schedule I Prohibited Status
Update: Federal Judge Reserves Decision After Hearing Arguments In Washington, et.al v. Sessions
Today, Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York heard oral arguments on the motion to dismiss Washington, et.al v. Sessions, et.al, a federal lawsuit challenging the constitutionality of the Schedule I classification of cannabis under the Controlled Substances Act. The federal government argued to have the case dismissed. Judge Alvin K. Hellerstein of the U.S. District Court Southern District of New York reserved the decision.
A Victory Over Some Illegal “Drug Courier Profile” Traffic Stops in Illinois
The high court found that the prosecutor did not have the legal authority to hire his own people to drive up and down the highways, making traffic stops and searching vehicles for drugs.
Florida: Lawsuit Filed Challenging Medical Cannabis Smoking Ban
Representatives of Florida for Care filed litigation today challenging a statewide ban on medical cannabis smoking.