marijuana legal

Marijuana Wars in Nebraska and Neighboring Colorado

Unreasonable Search and Seizure The Nebraska Supreme Court just rejected an argument that legalization of pot in Colorado should change the standards for searching vehicles in Nebraska. In Nebraska in 2017, a state trooper after watching a car, at high speed, nearly cause an accident at an intersection made a traffic stop. When the trooper approached the vehicle, she smelled burned marijuana. The driver denied that there was marijuana in the vehicle or that marijuana had ever been in the car, and said she would not consent to a search. But the trooper did initiate a search, and found 4 grams of methamphetamine. What is Criminal about Illegal Pot? The driver was arrested and eventually found guilty of possession of drugs. She appealed based on what she maintained was an unreasonable search – the theory being that because the odor of marijuana no longer suggested criminal activity.  Well the judge might have bought that in Colorado but not in Nebraska where pot is not legal. Among the arguments she raised was that the legalization of marijuana in nearby Colorado had “eroded the legal premise” for conducting a warrantless search because “the odor of marijuana standing alone no longer… 

Marijuana Won the Election

Marijuana Won the Election Recreational Marijuana Legalized in Michigan Voters in Michigan approved a ballot initiative to legalize cannabis. Medical Marijuana Legalized in Missouri and Utah Missouri voters voted to allow medical marijuana. Utah voters voted to allow medical marijuana. Many cities voted to decriminalize or otherwise reform marijuana law. Also several Governor’s races were won by reformist candidates so the environment is favorable in those states, to act like NY’s Governor, who will propose a bill or make a proposal as a part of the budgeting process. Florida and Illinois are on investors’ watch list too. North Dakota…Not So Fast North Dakota did not pass proposition #3 which was the most ridiculously liberal marijuana law you could imagine; no limit on possession, no governing body to oversee retail operations, prohibits prosecution of any marijuana offense as long as it didn’t relate to a person under 21. Whoever wrote that proposition was smoking the wacky weed for sure and the people that voted it down were not. New Gallop Poll Gallop 2018 survey Gallop released their latest survey data on marijuana and reported that 66% of Americans now support legalization. The Green Rush is on…

Quick News: Massachusetts Attorney General Overturns Rules Citizens Did Not Vote For

Massachusetts Attorney General Overturns Rules Citizens Did Not Vote For Six years after a voter-approved referendum on medical marijuana was passed, many municipalities in the state have not allowed medical marijuana dispensaries in their jurisdictions.  Many thought that this was a government over-reach because the referendum did not contemplate such bans. Finally, someone in government gets it right and the Massachusetts Attorney General’s Office ruled that the bans frustrate the purpose of the medical referendum and the will of the people. In 2016 when recreational marijuana was legalized, the legislature combined the medical and recreational laws and some argue the new law was clear that municipalities could ban any dispensary, whether medical or recreational. Many states allow municipalities a veto on marijuana facilities in their jurisdictions and in many cases this severely limits the ability of the citizens to get medical marijuana.  Let’s hope this reasonable ruling is the start of a trend.

Close to Home: New Jersey Senate Likely Vote to Legalize Marijuana

New Jersey to Legalize Marijuana The president of New Jersey’s Senate this week indicated that he thinks that the votes are there for New Jersey to legalize marijuana by the end of September.  New Jersey is ahead of New York but not by much.  Look for New York to get at this in earnest as we get closer to the November election. Marijuana Taxes The bills haven’t been finalized though and just like in New York, the taxation plan is a bone of contention.  New Jersey like New York never met a tax it didn’t like and we all understand that if the tax is too high, the illegal market will prevail.  I believe this is the ultimate test of politicians’ motivation.  For lawmakers in New Jersey to legalize marijuana just to curry favor or to get the tax revenue to spend on currying more favor, the tax rates will be high.  Then we will know the motivation to pass the law had absolutely nothing to do with crime or the illegal market.  If they keep taxes reasonable (enough to cover the state’s expenses and a little more), we’ll see a huge hit to the illegal market. Marijuana Dangers… 

Washington Post Reports FDA Opens Door to Federal Marijuana Policy

John Hudak of the Washington Post reports today that the FDA just approved a drug called Epidiolex which is the first cannabis-based medicine ever approved by the FDA.  Epidiolex is manufactured from cannabidiol (CBD).  This is the first time the FDA has ever admitted that marijuana compounds have medicinal value. It’s just one step to bringing a sane federal policy on marijuana laws but a step in the right direction nonetheless.  Rite Aid has said it will sell the epilepsy drug as soon as it is available. https://www.washingtonpost.com/opinions/the-fda-just-opened-the-door-to-transforming-marijuana-policy/2018/06/26/aeb9b628-7978-11e8-aeee-4d04c8ac6158_story.html?noredirect=on&utm_term=.8536d41bf99e

Study by New York Health Department Backs New York Legalization

A study ordered by New York Gov. Andrew Cuomo recommends the Legalization and regulation of marijuana for adult recreational use in New York.  While the study has not been released to the public yet, the Commissioner of Health said it would be soon.  New York legalization would, according to Commissioner Zucker, expand its medical marijuana program to patients on prescription opioids. Governor Cuomo ordered the study on New York legalization and has recently shown a willingness to change state policy on marijuana in response to the legalization in other states, most notably Massachusetts. The study examined the effect that legalization in neighboring states would have on New York, as well as the impact legalization here might have on public health, safety and the economy. It also looked at how recreational marijuana would be taxed, where it would be grown, how it would be distributed, the age of use and the potential for drugged driving.  Zucker said that “We looked at the pros; we looked at the cons. And when we were done we realized that the pros outweigh the cons.”  Nine other states have legalized recreational use of marijuana. New York legalization will surely be a topic in this…