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US Supreme Court: Juries Must Find Facts on Mandatory Minimum Sentences

June 20th

WASHINGTON, DC — The US Supreme Court Monday dealt a blow to mandatory minimum sentencing, ruling that any facts used to trigger a mandatory minimum sentence are “elements” of the crime and must be proven by a jury, not left to a judge. The 5-4 ruling came in Alleyne v. United States.

Until Monday’s ruling, judges had been able to find certain facts that would trigger mandatory minimum sentences, such as quantities of drugs involved in an offense, based on a “preponderance of evidence” in post-conviction sentencing hearings. Now, those facts will have to established by juries in the course of the trial using the higher standard of proof “beyond a reasonable doubt.”

The case is the latest in a line of cases that began with the groundbreaking 2000 Supreme Court decision in Apprendi v. New Jersey, which held that any fact that increases the range of punishments is an “element” of the crime and must be presented to a jury and proved beyond reasonable doubt.

Sentencing reform advocates were pleased by the ruling.

“Mandatory minimums for drug offenders will lessen, but it’s difficult to say to what . . . . . READ MORE

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Judge Strikes Down Colorado Rule Restricting Marijuana Magazine Sales

June 12th

DENVER, CO — A federal judge on Tuesday struck down a provision of Colorado’s marijuana legalization law that would have required stores to sell cannabis-themed publications behind the counter, like pornography.

Magazine publishers and bookstores had filed a lawsuit against the state last week, arguing that the measure, passed by the Colorado legislature this spring, should be overturned before it takes effect on July 1.

U.S. District Judge Richard Matsch’s ruling came a day after the state attorney general’s office, which would have defended the measure in court, agreed with the plaintiffs that it was unconstitutional.

“The defendants have conceded the invalidity of the code provision cited in the complaints,” Matsch said in his order granting a permanent injunction.

Colorado voters approved the recreational use of marijuana by adults last fall and charged lawmakers with setting up regulations to sell and tax cannabis products.

Supporters of the behind-the-counter provision said it was aimed at reducing juveniles’ exposure to the material.

But publi. . . . . READ MORE

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Legal Appeal in the Rich Paul Marijuana Case

June 3rd

KEENE, NH — As Rich Paul sits in jail, supporters this week announced plans for an appeal of his marijuana conviction. New Hampshire’s most prominent advocate for cannabis legalization could be released during the appeals process.

During his trial, jury nullification was the basis of Paul’s defense strategy. New Hampshire is unique among the states, in that defense attorneys have the right to argue nullification before a jury.

However, in his instructions to the jury, the judge told the jurors that they “must follow my instructions, and ignore the statements of the lawyer,”  thus the foundation of the appeal.

Mr. Paul faces sentencing on June 7th, after which he will be moved from the county jail to the state prison system, though with his honor intact.

While the appeals process may release him temporarily, everyone hopes for an appeals victory which would completely free him. More than that, an appeal done well and successfully will set precedent in drug cases based on jury nullification.

The precedent would be binding only in NH, but the case law could have some degree of effect nationwide. It would also be a motivation for legal theorists and legislators across the. . . . . READ MORE

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Legal Appeal in the Rich Paul Marijuana Case

June 3rd

KEENE, NH — As Rich Paul sits in jail, supporters this week announced plans for an appeal of his marijuana conviction. New Hampshire’s most prominent advocate for cannabis legalization could be released during the appeals process.

During his trial, jury nullification was the basis of Paul’s defense strategy. New Hampshire is unique among the states, in that defense attorneys have the right to argue nullification before a jury.

However, in his instructions to the jury, the judge told the jurors that they “must follow my instructions, and ignore the statements of the lawyer,”  thus the foundation of the appeal.

Mr. Paul faces sentencing on June 7th, after which he will be moved from the county jail to the state prison system, though with his honor intact.

While the appeals process may release him temporarily, everyone hopes for an appeals victory which would completely free him. More than that, an appeal done well and successfully will set precedent in drug cases based on jury nullification.

The precedent would be binding only in NH, but the case law could have some degree of effect nationwide. It would also be a motivation for legal theorists and legislators across the. . . . . READ MORE

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San Diego Mayor Urges Jury Nullification in Marijuana Cases: “Ignore Federal Law”

May 23rd

San Diego Mayor Bob Filner

San Diego Mayor Bob Filner

SAN DIEGO, CA — The Mayor of San Diego is encouraging jurors of an upcoming medical marijuana case to reject the prosecution’s argument, which rests on the fact that marijuana is banned at the federal level.

The feds arrested Ronnie Chang of San Marcos in 2009 for operating a medical marijuana dispensary. He is just one of the many Californians who have faced legal consequences for their state-sanctioned efforts to bring relief to patients.

Mayor Bob Filner is outraged at Chang’s situation. “Someone should not be going through this stage of prosecution for trying to help people to have access to medical marijuana,” he told reporters.

A champion for civil rights and a former Freedom Rider, Mayor Filner wants jurors to send a message to the federal government this fall, when Chang’s trial is expected to begin.

“[I]t’s time, like with Prohibition, to step back and say this was a stupid thing to do…and juries ought to take the lead in saying that to the federal government.”

In a process known as “jury . . . . . READ MORE

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Michigan Supreme Court Rules in Favor of Medical Marijuana Patient in DUI Case

May 23rd

sobriety test

LANSING, MI — A Michigan traffic safety law that prohibits the operation of a motor vehicle by persons who possess any presence of THC in their blood, regardless of whether or not they are behaviorally impaired by the substance, may not be strictly applied to state-qualified medical cannabis patients. So decided the Michigan Supreme Court on Tuesday in the case People v Koon.

In a unanimous opinion, the Court determined that legal protections extended to state-qualified patients under the Michigan Medical Marihuana Act, enacted by voters in 2008, supersede the state’s zero tolerance, internal possession law. As a result, the Court determined that state prosecutors must establish that authorized patients charged under the statute are actually impaired by their cannabis use in order to gain a DUI criminal conviction.

According to the syllabus of the Opinion:

“The MMMA [Michigan Medical Marihuana Act] does not define what it means to be ‘under. . . . . READ MORE

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First Amendment Lawsuits Threatened Over ‘Pot Pornography’ Provision

May 10th

High Times covers

DENVER, CO — A Denver attorney says he plans to file a First Amendment lawsuit against the government of Colorado if Governor John Hickenlooper signs a bill passed this week by the state legislature that requires marijuana magazines to be treated like pornography — placed behind the counter at retail stores.

The unusual provision to treat pot magazines like pornography was added last week by a Senate committee, making Colorado the first — and only — state to require stores that allow entry to shoppers under age 21 to place pot magazines behind the counter.

Supporters of marijuana legalization point out that tobacco and alcohol magazines are not subject to such scrutiny.

“I have no problem with keeping High Times behind the counter, as long as its displayed there next to Cigar Aficionado and Beer Advocate,” said one Denver resident.  ”But if those magazines are not kept behind the counter, neither should High Times.”

Denver attorney David Lane, who represents the Daily Doobie and Hemp Connoisseur, says if the ‘treat pot as pornography’ rule goes into effect, he is prepared to launch a lawsuit claiming his cl. . . . . READ MORE

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Florida Medical Marijuana Patient Sues Sheriff for Protection

May 9th

Robert and Cathy Jordan

Robert and Cathy Jordan

BRADENTON, FL – Longtime Florida activist Cathy Jordan, a 63-year-old woman who consumes cannabis to mitigate symptoms of amyotrophic lateral sclerosis — also known as ALS or Lou Gehrig’s disease — a debilitating condition that she has lived with since 1986, filed a law suit Wednesday against Sheriff Brad Steube of Manatee County, FL.

Ms. Jordan alleges wrongful conduct on the part of the sheriff’s department when, on February 15, 2013, they raided her home and confiscated 23 medical cannabis plants, which were being cultivated for her by Cathy’s husband Robert Jordan.

The Jordans were both cooperative when the sheriff’s department arrived at their home, and they acknowledged they were growing medical marijuana for Cathy’s medical use.

The police raid of the Jordan’s home came just days after lawmakers introduced legislation, the Cathy Jordan Medical Cannabis Act, which sought to authorize the physician-supervised use of cannabis for those diagnosed with serious debilitating conditions.

After the Manatee County . . . . . READ MORE

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Understanding the California Supreme Court Marijuana Dispensary Ruling

May 8th

LA Dispensary

SACRAMENTO, CA — In a ruling that will leave California’s patchwork approach to medical marijuana dispensary regulation in place, the state Supreme Court ruled Monday that local governments can ban dispensaries from operating within their jurisdictions. For patients, that means access to medical marijuana at dispensaries will depend on the political currents in their city or county.

The decision likely means that cities and counties that had been holding off on banning dispensaries will now take steps to do so. It will also increase pressure on the state legislature to come up with a means of statewide medical marijuana regulation, something it is working on right now.

The case was City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., in which Inland Empire sued the city after Riverside using its zoning power to declare that dispensaries were nuisances and ordered them shut down. Inland Empire went to court to block the city from forcing it to close.

The decision was eagerly—and anxiously—awaite. . . . . READ MORE

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Judge Denies Motion To Dismiss Marijuana Case

October 4th

A judge Tuesday Sep 27 2009 denied the motion that would dismiss a criminal case against defendants in Nevada who say they were only distributing state-sanctioned medical marijuana. Nevada District Judge Smith ruled the state law "is written with sufficient definiteness so as not to be void for vagueness." District Judge acknowledged the Legislature of the USA might not have appropriately addressed "methods of supply of medicinal marijuana to patients authorized to use it." Nevada law  will allows medical marijuana cardholders to possess, deliver or produce certain amounts of marijuana for pain relief. However, other state and federal laws make it illegal to buy or sell marijuana. More than a dozen defendants facing criminal charges for distributing medical marijuana have argued the Nevada law is self-contradictory. It is becoming clear that with medicinal marijuana becoming legal we are faced with older laws that will contradict what is now legal. What should states do about this kind of thing and how do you think there can be better protection for those that want to supply the people that are in need?. . . . . READ MORE

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