Category: LITIGATION

It’s Official: Cannabis Possession And Cultivation Now Legal In Colorado

History was made once again today when Colorado Gov. John Hickenlooper signed an Executive Order that makes an “official declaration of the vote” related to Amendment 64. This declaration formalizes the amendment as part of the state Constitution and makes legal the personal use, possession and limited home-growing of marijuana under Colorado law for adults 21 years of age and older. “Voters were loud and clear on Election Day,” Gov. Hickenlooper said in a prepared statement. “We will begin working immediately with the General Assembly and state agencies to implement […]

Thankful For Marijuana Moxie in Texas

Beyond the obvious blessings of good health, being a member of loving families, living in a free country and pursuing one’s muse, on this Thanksgiving…I’m thankful for Zachariah Walker (a member of University of North Texas NORML) and his pro bono team of Texas lawyers from NORML’s Legal Committee. In the wake of our recent elections, where voters in the states of Colorado and Washington have chosen to end cannabis prohibition, I’m thankful that Zack has the moxie in Denton, Texas to face down a possible six month prison sentence […]

Thankful For Marijuana Moxie in Texas

Beyond the obvious blessings of good health, being a member of loving families, living in a free country and pursuing one’s muse, on this Thanksgiving…I’m thankful for Zachariah Walker (a member of University of North Texas NORML) and his pro bono team of Texas lawyers from NORML’s Legal Committee. In the wake of our recent elections, where voters in the states of Colorado and Washington have chosen to end cannabis prohibition, I’m thankful that Zack has the moxie in Denton, Texas to face down a possible six month prison sentence […]

Prosecutors In Colorado, Washington Dismiss Even More Marijuana Cases

Prosecutors throughout Colorado and Washington state continue to dismiss hundreds of pending misdemeanor marijuana possession cases. On Thursday, Denver District Attorney Mitch Morrissey and City Attorney Doug Friednash announced that they would stop pressing charges and would review pending criminal cases involving minor cannabis possession offenses. Their announcement came one day after Boulder County District Attorney Stan Garnett announced he would dismiss pending cases that involved less than an ounce of marijuana. Fifty-five percent of Colorado voters on Election Day approved Amendment 64, which allows for the legal possession of […]

Suit Before Ninth Circuit Court Of Appeals Seeks To Halt Federal Actions Against California’s Medical Cannabis Providers

On Wednesday, October 24, a group of California dispensary operators, medical cannabis providers, and patients, as Plaintiffs, filed their Opening Brief before the Ninth Circuit Court of Appeals in San Francisco, asking the Circuit Court to hold that Plaintiffs, in their continuing litigation against the Federal Government, have a constitutional Ninth Amendment and Substantive Due Process fundamental right to distribute, possess and use medical cannabis. The brief, filed by members of the NORML Legal Committee, also contends that the Federal Government’s criminal prohibition of medical cannabis has no rational basis […]

Appeals Court To Review DEA’s Dismissal Of Cannabis Rescheduling Petition

The U.S. Court of Appeals for the D.C. Circuit will hear opening arguments next week in a lawsuit challenging the federal government’s refusal to consider reclassifying cannabis as a schedule I prohibited substance under federal law. At issue in the case is whether the Drug Enforcement Administration (DEA) acted appropriately when the agency last year denied an administrative petition – initially filed by a coalition of public interest organizations, including NORML, in 2002 – that called on the agency to initiate hearings to reassess the present classification of cannabis. Under […]

Montana: Supreme Court Says Patients Possess No Fundamental Right To Cannabis

Members of the Montana Supreme Court ruled 6 to 1 on Tuesday that patients do not possess a fundamental right to access and consume cannabis for therapeutic purposes. The decision reverses a District Court ruling enjoining the state from enforcing various provisions of a 2011 state law that limits the public’s access to medical marijuana. “In pursuing one’s health, an individual has a fundamental right to obtain and reject medical treatment,” Justice Michael Wheat opined for the majority. “But, this right does not extend to give a patient a fundamental […]

Help Needed: Feds Seek To Silence Silver Tour’s Robert Platshorn

Here is yet another example of a federal government that will twist and turn in the most constitutionally offensive manner to continue to justify Cannabis Prohibition. In a country with a sacredly held First Amendment and a self-evidently failed public policy like seventy-five years of Cannabis Prohibition, trying to silence a citizen—who spent nearly thirty years of his life behind the government’s prison walls for Cannabis Prohibition-created ‘crimes’—from both criticizing the now unpopular government policies surrounding cannabis and prohibiting him from educating willing senior citizens (and even American Bar Association […]

Scientific Journal: Cannabis’ “Schedule I Classification Is Not Tenable”

The present classification of cannabis and its organic compounds as schedule I prohibited substances under federal law is scientifically indefensible, according to a just published review in The Open Neurology Journal. Investigators with the University of California at San Diego and the University of California, Davis reviewed the results of several recent clinical trials assessing the safety and efficacy of inhaled or vaporized cannabis. They concluded: “Evidence is accumulating that cannabinoids may be useful medicine for certain indications. Control of nausea and vomiting and the promotion of weight gain in […]

Michigan: Supreme Court Says Detroit Voters Can Decide On Marijuana Legalization Ballot Measure

The Supreme Court for the state of Michigan has ruled that city election officials cannot prevent Detroit voters from deciding on a municipal ballot measure that seeks to remove marijuana possession penalties for those age 21 or older. The Court refused to review an appeal brought by the Detroit City Clerk’s office and the Detroit Election Commission that sought to strike down the proposed ballot question, sponsored by the group Coalition for a Safer Detroit. In 2010, the Coalition collected over 6,000 signatures from registered voters to place the measure […]