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 and Hemp 2018 Ballot Proposals

Marijuana and Hemp 2018 Ballot Proposals   Voters in Michigan, Missouri, Utah, Colorado and North Dakota have marijuana and hemp proposals on the ballot next month.  New York doesn’t need a ballot proposal.  It’s all but certain that the Governor will propose legalization in some form in his 2019 budget proposal in January (to be enacted before April 1).    Here are some highlights:   Michigan   Allow individuals 21 and older to purchase, possess and use marijuana and grow up to 12 marijuana plants for personal use. Impose a 10-ounce limit for marijuana kept at residences. Create a licensing system for marijuana businesses Change several current violations from crimes to civil infractions.   Missouri Allow the use of marijuana for medical purposes, licensing marijuana facilities. Impose various tax levels for various causes.   Utah Legalize medical cannabis and in limited circumstances allow growing up to six plants for personal medical use.   Colorado A ballot proposal that would move the definition of hemp from the constitution to the law – thus allowing the definition to be changed much easier when necessary. This is a nod to being more competitive with other states when it comes to hemp… 

NY State Marijuana Hearings This Fall

NY State Marijuana Hearings This Fall NY’s Legislature has announced four NY State marijuana hearings this Fall.  I will attend them and report back anything of interest.  This is a great sign that legalization is on the fast track to becoming a reality.  The Governor has strongly signaled his support by releasing the study that concluded it wasn’t a case of if but when and how to do the legalization.  Now the legislature is dipping their foot in the water too. The NY State marijuana hearings will cover topics including economic regulations, criminal justice policy, public health concerns and diversity in the marijuana industry. Hearing Topics Dates have not yet been set for the NY State marijuana hearings.  The announcement on the hearings was made by: Assembly Codes Committee Chair Joseph Lentol (considers issues and legislation regarding the State’s criminal and civil justice system); Health Committee Chair Richard Gottfried (issues of public health); Governmental Operations Committee Chair Crystal Peoples-Stokes (The issue areas of the Committee include: governmental reform, human rights, rights of individuals with disabilities, Minority and Women owned Businesses) and; Alcoholism and Drug Abuse Committee Chair Linda B. Rosenthal (develops and considers legislation impacting programs that provide prevention, treatment, and recovery… 

Governor Marijuana Cuomo

Governor Marijuana Cuomo Governor Marijuana Cuomo of New York has taken the next step in marijuana legalization.  Governor Marijuana Cuomo, after a major pivot on the topic, gong from “gateway drug” to compassionate legalization is all in.  After releasing the study that said it’s not if, but when marijuana should be legalized, Governor Marijuana Cuomo has announced the creation of a working group on marijuana.  In truth, its just another excuse for a press release which this Governor has made a science of. It is meant to send a message to voters who might be thinking of voting for his opponent Cynthia Nixon of Sex and the City fame.  Governor Cuomo and marijuana are a new partnership to help ensure his re-election landslide (inexplicable.) However, it also means that the state now has someone (the Governor’s Counsel) responsible for drafting an actual proposed law.  As someone who watches New York state politics closely, this tells me that the Governor is looking to push a bill in January when the legislative session opens up again.  Since that is after the election, he is going to drive this thing hard to get as close to legalization as he can quickly. … 

Legalization of Marijuana and Recent Marijuana News

Lots of Cannabis and Legalization of Marijuana News Recently. Here is a quick summary of marijuana news stories in the news lately. Very conservative-minded Oklahomans voted overwhelmingly to legalize medical marijuana in Oklahoma – the 30th state to have done so. The health commissioner there says he is ready to go with the regulations and necessary procedures and have created a new entity – the Oklahoma Medical Marijuana Authority. The fact that this passed easily in such a conservative state bodes well for the rest of the states which do not currently allow medical marijuana. Lots of marijuana news to report… Michigan (recreational) and Utah (medical) will be voting on this soon as well. USA today recently reported that the BIG 3 basketball league is now the first sports league to permit marijuana CBD products for use by its players for pain management and recovery.  CBD also was removed from the World Anti-Doping Agency list of banned substances. The FDA approved Epidiolex, the first drug containing CBD to be approved.  Epidiolex will be used for seizure disorders.  Also the government refused to further restrict cannabis beyond how it is currently restricted. Massachusetts recently legalized recreational marijuana the state…