Tuesday, September 30, 2014
Today's Oral Arguments in CO Supreme Ct Cannabis Employment Appeal
September 30, 2014 | Permalink | Comments (0) | TrackBack (0)
Colorado Justices Inscrutable at Oral Argument
FIRST REPORTS OF ORAL ARGUMENTS in the widely watched Coats v. Dish Network L.L.C. case say that justices gave no indications on which way they're thinking of ruling. Justices don't announce their rules at oral arguments, but frequently observers can get some idea of which way they're leaning based on the questions. That doesn't seem to have happened here.
A state district court and court of appeals have previously held that employers can terminate employees who use marijuana. The seven justices will ultimately have the final word on the rule in Colorado.
UPDATE: More details on the argument from the Denver Post.
September 30, 2014 | Permalink | Comments (0) | TrackBack (0)
TIME Offers Look at "The Marijuana Legalization Votes That Will Matter in 2014"
NOTHING THAT YOU PROBABLY DIDN'T ALREADY KNOW, but the fact that the legalization movement is getting lumped in with other "important" elections around the country is itself significant. For what it's worth, here's the magazine's take:
Alaska. "Reformers are hoping that a long history of quasi-legalization and a noted libertarian streak will lead Alaskans to vote yes on Ballot Measure 2: It would concretely legalize retail pot, giving the the state the power to tax and regulate like in Colorado and Washington state. Allen St. Pierre, executive director of the pro-marijuana reform group NORML, called this measure a “wobbler,” with support long hovering around 50%."
Oregon. "Oregon almost went along with Colorado and Washington on their experimental journey in 2012, when residents narrowly rejected a pot legalization measure 56% to 44%. This year, more activists—and more organized ones at that—have been on the scene, working with groups like the deep-pocketed Drug Policy Alliance. Still, the prospects for Measure 91 are far from a lock; a recent poll found that while 44% of likely voters support legalization, 40% oppose it."
District of Columbia. "'Soft legalization' [is the term being used to describe] a measure that falls short of creating a full-on regulated, taxable pot market. Initiative 71 would, however, allow people to possess up to 2 oz. of marijuana and cultivate up to six plants at home without fear of criminal or civil penalty—at least in theory. The initiative will very likely pass: Locals support it by nearly a 2-to-1 margin. The big question is whether Congress will continue to stand down, as it did while D.C. legalized medical marijuana and decriminalized marijuana."
Florida. "So far, polling on support for Amendment 2 has been all over the place. And the political frenzy over the initiative has drawn huge spenders like casino magnate Sheldon Adelson, who shelled out at least $98 million in the 2012 elections. Amendment 2 has a steep hill to climb, requiring a 60% supermajority to pass; neither Colorado nor Washington got past the 55% range.”
The magazine notes that 2016 will bring a new spate of election efforts, in California, Maine, Nevada, Arizona, and Massachusetts.
September 30, 2014 | Permalink | Comments (0)
Illinois Government Cashing in on Pot
VIA Marijuana Law, Policy & Reform: Illinois already collects $5 million in fees from medical marijuana applicants.
September 30, 2014 | Permalink | Comments (0)
Daily News Roundup: September 30, 2014
Marijuana Industry Spending Bucks to Woo Politicians: "The entrepreneurs of the young U.S. marijuana industry are taking another step into the mainstream, becoming political donors who use some of their profits to support cannabis-friendly candidates and ballot questions that could bring legal pot to more states. The political activity includes swanky fundraisers at Four Seasons hotels and art auctions at law firms. And members of Congress who once politely returned the industry's contribution checks are now keeping them.
Alaska Police Officers Announce Opposition to Legalization: In a public letter, the law enforcement group argues that legalization will bring adverse consequences for law enforcement, health care, and the economy.
Dueling TV Ads on Medical Marijuana Hit the Airways in Florida: "The supporters and opponents of medical marijuana both posted their first TV ads Monday, just in time for Floridians to receive the first wave of absentee ballots in the mail."
New York Senators Push Administration for Marijuana Waiver: "ew York's senators on Monday urged the federal government to approve the state's first-of-its-kind request to temporarily transport medical marijuana across state lines. Sens. Kirsten Gillibrand and Charles Schumer sent the letter Monday to outgoing Attorney General Eric Holder, pledging support for Gov. Andrew Cuomo's administration's request to disperse out-of-state cannabidiol -- a compound from marijuana plants -- to children suffering from severe epilepsy."
Hospital Threatens to Call Police on Australian Parents Who Gave Toddler Cannabis for Epileptic Seizures: The Melbourne couple that controversially gave their sick toddler cannabis oil now fear for their son’s life after hospital doctors last night threatened to call the police if the drug was administered. Cassie Batten and Rhett Wallace discharged their son Cooper from The Northern Hospital in Epping before the cannabis could be confiscated. They now feel they have nowhere to turn because doctors refuse to use the drug on hospital grounds.
September 30, 2014 | Permalink | Comments (0)
Colorado Supreme Court to Hear Medical Marijuana Firing Case
THE CENTENNIAL STATE'S HIGHEST COURT will hear oral arguments today on whether a company can fire an employee who tests positive for THC but who claims his medical marijuana use is legal under state law.
The intermediate appellate court in Coats v. Dish Network L.L.C., 2013 COA 62, held on a 2-1 vote last year that use of marijuana was not "lawful" for purposes of state employment law -- even though the state itself legalized it -- because federal law is also "the law" in Colorado and thus marijuana use cannot be said to be clearly "permitted by law." A dissenting judge argued that "lawful" means "lawful under state law."
The case is important and will be widely watched because federal law has long encouraged employers to adopt tough anti-drug policies. The Drug Free Workplace Act of 1988, for example, requires companies that do business with the federal government -- and that's quite a few companies -- to adopt what are essentially zero tolerance policies. A ruling for the plaintiff could put government contractors in Colorado in a vise: either fire the employee and pay damages for wrongful termination, or suffer penalties from the federal government for allowing employees to use marijuana. And while the plaintiff's claim in Coats is for medical marijuana, recreational use in Colorado seems to be just as "lawful" under state law as medical use.
The Colorado Attorney General has previously weighed in, arguing in a brief in the case that employers have the right to terminate employees for marijuana use:
In its brief supporting Dish Network, the state attorney general's office says zero-tolerance policies ensure that employees are able to perform their jobs competently. Requiring employers to prove that workers are stoned on the job before they can be fired would require companies to conduct "intrusive investigations into the personal life of an employee."
"Simply put, zero tolerance policies provide businesses with an efficient means of avoiding difficult employment decisions and even litigation," the attorney general's brief states.
An interesting issue not directly dealt with in the appellate provision is the fact that the Colorado medical marijuana statute specifically provides that "Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place." Employers argue that this is a specific exemption from laws like that at issue in Coats; the plaintiff, on the other hand, has argued that he used the marijuana at home, not in the "work place."
September 30, 2014 | Permalink | Comments (0) | TrackBack (0)
Monday, September 29, 2014
What Do You Get When You Combine WiFi, 3D Printing, and Marijuana?
A WI-FI-ENABLED 3D PRINTED MEDICAL MARIJUANA INHALER, of ccourse. From Forbes:
An Israeli company, Syqe Medical, thinks it has a way to make medical marijuana more accepted with the help of 3D printing. The company has printed a pocket-sized metered dose cannabis inhaler they hope will help move the bar forward in medical inhalers and help physicians overcome the unpredictability of prescribing cannabis.
The inhaler is the first drug delivery platform of its kind. Not only is it 3D printed, but it’s Wifi enabled and can be connected to a smart phone or tablet.
The connected device aspect of the inhaler adds another layer to the challenge of monitoring dosages of medical marijuana giving both patients and doctors the ability in real time to monitor and administer the correct dosage. Researchers will also be able to see the data to determine best dosages for different conditions.
September 29, 2014 | Permalink | Comments (0) | TrackBack (0)
Warren on Environmental Impact of Marijuana Cultivation
WIDESPREAD COMMERCIAL CULTIVATION OF MARIJUANA will likely bring with it a few practical problems. For security reasons, it's a crop that's pretty much got to be raised indoors, at least at this point in history. But it's one of the most energy-intensive indoor plants to grow. And many of the new licensed production facilities will be going into states where the harsh winter climate isn't exactly conducive to cannabis plants.
That potentially means a lot of electricity, and a lot of carbon, according to my colleague Gina Warren (Texas A&M Law). She's just posted a new paper on SSRN, Regulating Pot to Save the Polar Bear: Energy and Climate Impacts of the Marijuana Industry. Here's the abstract:
It goes by many names -- cannabis, marijuana, pot, chronic, grass, reefer, weed, Mary Jane. Whatever the name, the trend is clear: the shwag is legal but the herb ain’t green. Nearly half of all U.S. states have enacted -- or have pending -- legislation to legalize, decriminalize, or in some way permit the use and cultivation of marijuana. As a result, marijuana has become a significant topic of conversation in the U.S. -- especially in the areas of social policy and criminal law. One conversation yet to reach fruition, however, is the industry’s projected impacts on energy demand and the climate. As the industry grows, so will its negative externalities. Indoor cannabis cultivation is the most energy-intensive industry in the U.S., requiring electricity to power lamps, to maintain consistent temperature and humidity levels, and to power fans for ventilation, among other things. This energy consumption, unless otherwise mitigated, results in significant greenhouse gas emissions. This article explores the opportunities that legalization brings in addressing the negative impacts on energy usage and climate change. It concludes that simply incorporating the marijuana industry into the existing energy regulatory framework will do little to address its negative impacts. It recommends that state and local policymakers take advantage of the unique opportunity to require indoor cultivators to utilize carbon-free electricity as a condition of licensing.
September 29, 2014 | Permalink | Comments (0)
No, Charlo Greene's TV Stunt Probably Won't Help the Legalization Cause
FOX NEWS ASKS "Will pro-pot Alaska reporter's viral exit boost legal marijuana vote?"
Uh, no. No, it won't.
Legalization proponents may be energized, teens may think it cool, most folks may write it off as a rather juvenile stunt, a millennial version of Johnny Paycheck's Take this Job and Shove It. But the key demographic that proponents need to convince -- ordinary, hard-working, non-pot-users who see legalization more as the lesser of two evils than as a crusade -- isn't likely to be impressed.
Parents of teenagers, for example, may be swayed by the argument that it's better to legalize and regulate than it is to ban. The "Drug Dealers Don't ID" campaign makes a powerful point. But those parents -- many of whom are sacrificing to put their kids through college -- are unlikely to see a purported television professional who gets high on the air, drops an obscenity, and stroll offs off leaving her colleagues in the lurch as a role model for their kids. If this is what marijuana does, they're likely to ask, do I really want to make it more available to my kids when they go out in the working world? Sure, proponents can talk (with some reason) that alcohol is worse, but the fact is that I can't remember an incident where booze caused a TV reporter to do anything similar. I mean, if you're paying to put your kid through college in hopes he or she will have a great career, do you really want them to be Charlo Greene?
Some in the pro-legalization community get this. As one perceptive proponent noted:
Cursing, throwing your hands in the air, walking away from a career, walking away from a job and causing your employer disruption; all those things she's going to regret doing that at some point . . . .
How many moms and dads want to see their kids throw away a career for a joint, even if it means 15 minutes of fame on YouTube?
Me, I train lawyers for a living. Lawyering is stressful, and I can see why smoking a little marijuana (once, of course, it's entirely legal) would help them relax. But even I'm made a little queasy by the thought of a young lawyer in the middle of an oral argument saying "f*** it," and wandering out of the courtroom to make a personal point.
There's a reason that sophisticated alcohol beverage companies don't choose advertising spokespeople who get drunk and act stupidly in public. The more marijuana proponents are seen as heirs of Cheech & Chong instead of respectable, thinking adults who are making rational choices, the less their message is likely to get heard by those outside their own choirs.
September 29, 2014 | Permalink | Comments (0) | TrackBack (0)
Weekend Round Up -- September 29, 2014
Vets Line Up for Free Marijuana in Colorado: "A marijuana giveaway for veterans attracted about 1,000 people to a Colorado Springs hotel. The "Grow 4 Vets" giveaway aimed to bring cannabis-based treatments to veterans with service-related conditions as an alternative to pain medications. The [Colorado Springs] Gazette reports that veterans were given a bag of items that included cannabis oil, an edible chocolate bar and seeds to grow plants."
Polls Show Decline in Legalization Support in Colorado, Nation: "Two recent polls show that support of legalized marijuana have waned, and that there is unhappiness in the way regulations are handled by the state. A Suffolk University/USA Today poll found that about half of Coloradans are not happy with the new marijuana law and how it is administered."
Hundreds Show Up for WA Cannabis Industry Job Fair: Thirty businesses and 500 job-seekers converged on a Bellevue hotel. Report is that businesses were recruiting for 140 jobs.
Illinois Issues First Patient Medical Marijuana Licenses: "Seriously ill Illinoisans are starting to find out if they’ll be able to legally use medical marijuana. Jim Champion, who was the first person to apply to be part of the state’s Medical Cannabis Pilot Program, got an acceptance letter last week telling him he’s in the program, he said. Champion, of Somonauk, led the pack of more than 2,000 seriously ill Illinoisans who applied to the program in the first few days applications were accepted. Those accepted into the program will receive registration cards, which will be needed to buy marijuana at a dispensary. No dispensary is yet open."
British Royal Botanic Gardens to Offer "Psychoactive, Mind-Altering" Plants to Visitors: "Kew Gardens are giving visitors the opportunity to sample mind-altering plants as part of a new season focusing on intoxication and drugs. The Plant Connoisseurs’ Club, a workshop which will be run by what Kew Garden calls architectural foodsmiths Bombas & Parr, will give visitors the ‘opportunity to try an unusual plant’ [such as betel nut, kola nut, raw guarana, and blue lotus tea.] Visitors taking part in the workshop will be required to sign a disclaimer confirming that they have read and understood the medical guidelines associated with the tester."
Medical Cannabis Gaining Steam in Australia: "The [Australian] federal government would be given oversight over the production and distribution of medical cannabis under new legislation to make the make the drug available to patients with chronic pain. The push to legalise medical cannabis is gathering pace, with Greens Senator Richard Di Natale, chairman of the cross-party Parliamentary Group for Drug Policy and Law Reform, now finalising a bill that is set to be introduced into Parliament next month."
British Dad Launches Marijuana Business After Watching Breaking Bad: "A real life Breaking Bad father of three started a cannabis factory [in Ystradgynlais in South Wales] to support his family after losing his home and livelihood following a tumour operation. Shane Cousins, a 40-year-old father of three, was hoping to copy US crime drama chemistry teacher Walter White, who builds a Class A drug crystal meth empire after he is diagnosed with cancer."
September 29, 2014 | Permalink | Comments (0)
Colorado Readies Rules for Marijuana Edibles
WITH THE RASH OF RECENT NEWS STORIES about problems with marijuana edibles, Colorado is readying new portion-size and labeling regulations designed to help consumers understand the amount of "active ingredient" in each portion.
Under the new rules, single portions will be 10 mg of active THC for each unit of sale -- basically, a single "serving" -- and 10 servings per package. Thus, a single candy bar might contain 100 mg, but would need to be divided into 10 of those little break-apart squares. The regulations, which go into effect in February, were prompted by a spate of news stories involving what seem to be involuntary overdoses, including (according to FOX31 Denver:
* the death of a mother who was allegedly killed by a husband under the influence of marijuana edibles;
* a student who allegedly plunged to his death off a roof after consuming an edible during a spring break trip;
* three people who ended up in the hospital after ingesting a marijuana candy bar at a county fair and filed a lawsuit; and
* a New York Times reporter who had a serious psychotic incident in a hotel room after taking a few bits of a marijuana candy bar.
The new regulations, which run to 48 pages, can be found in full here.
September 29, 2014 | Permalink | Comments (3)
Sunday, September 28, 2014
When Committing Felonies, Posting Them on YouTube is . . . Well, Stupid
I MEAN, SERIOUSLY, UNDER WHAT CIRCUMSTANCES could this kind of thing ever be considered a good idea? Just how stoned do you have to be?
A pot-loving Youtube star led Las Vegas cops to his door after posting videos of his marijuana-growing operation online, police said. "This is my Las Vegas garden," user Buddynuggets78 said in one video as the camera swept across row after row of pot plants. "I have moved to Las Vegas, and this is my 12,000-watt room at the moment." The oversharing weed farmer loaded a dozen videos, racking up more than 1 million views—including more than a few from the Las Vegas Metro Police Department.
As of Sunday afternoon, the hundred-odd videos have disappeared off of YouTube, perhaps at a lawyer's recommendation. There's an old chestnut about locking barn doors after horses escape, but perhaps the YouTube generation doesn't have much experience with barns. Maybe we need a new metaphor: "Taking down the incriminating videos after they've arrested you."
September 28, 2014 | Permalink | Comments (0)
Books: "Marijuana Smuggling for Fun and Profit"
Robert Bach, Smuggling Marijuana for Fun and Profit
"This is the story of how an out of work airline pilot was slowly transformed from law abiding citizen to successful marijuana smuggler. As a member of one of the largest marijuana smuggling operations in North America, Robert Bach tells the inside story of plane crashes, shootouts and the inevitable price that had to be paid. This book gives an honest, personal accounting of the drug smuggling business in the 1980's."
September 28, 2014 | Permalink | Comments (0)
Saturday, September 27, 2014
Legalization Hurdles Loom in D.C.
RECENT POLLS show residents of The Nation's Capital favoring a proposed legalization measure on the November ballot, but passing the measure may be the least of the hurdles that the pro-legalization forces face. In the National Journal, Rebecca Nelson outlines the steps that would have to happen:
Anywhere else, a successful ballot initiative, similar to those in Colorado and Washington state two years ago, would be the final word on whether people can legally toke. But in the District, where complex rules of governance don't permit full independence from Congress, it isn't that straightforward.
Every bill passed in Washington must be submitted to Congress for approval. "Congress can undo our laws, essentially," D.C. Councilmember David Grosso told National Journal. And Initiative 71—which would legalize marijuana for anyone over 21, allowing residents to grow a limited number of plants at home, buy pipes and other accessories, and possess up to two ounces for personal use—is ripe for congressional intervention.
But before it can even get to Capitol Hill, the initiative may face a complicated arsenal of tools the City Council can employ to duck D.C.'s unique oversight status. The council's most pressing problem with the initiative? Even if it passes, it wouldn't allow anyone to sell pot.
Because the District's Board of Elections doesn't allow ballot measures to impact the city's budget, no one would be able to legally purchase pot, either. But Grosso introduced a bill last year that would implement a "tax and regulate" system—a way for people to buy and sell in a legal marijuana economy.
The council voted overwhelmingly to decriminalize marijuana earlier this year, and the two current council members running for mayor have voiced their support for dealing with the sale conflict the initiative presents. It's easy to see why the council would support a tax-and-regulation method; the city could reap the benefits of legal marijuana in tax revenue, as Colorado has this year.
To reconcile that bill with Initiative 71, the D.C. City Council is considering a dramatic intervention: passing emergency legislation to block the voter-approved law from going into effect until the council can pass a complete law, including legal sale. Grosso, for his part, predicts this will be the Council's move.
"Either right before or right after the vote, we can pass an emergency bill," Grosso told National Journal. "Instead of it just immediately being effective, you would have a period of time where we could then put in the regulatory rules that we need in order to monitor the program."
The council has done this before. In 2010, when medical cannabis was finally approved after a long struggle with Congress, the council passed an emergency bill to halt its implementation so a regulatory framework could be put in place to accommodate the program, Phil Mendelson, the council's chairman, told National Journal. Only after that was developed did medical pot become legal in Washington.
The council doesn't need congressional approval to pass an emergency bill, which allows for a 90-day grace period. Then, the body could delay it further still, passing temporary legislation to push marijuana legalization back 225 days. This would give the council time to pass the bill they, and many voters, really want: a legal, regulated marijuana economy.
"I know this is ridiculous," Grosso conceded. "But it's the nature of our city."
And all that, as Nelson notes, is before it even gets to a potentially hostile Congress. The whole piece is worth the read.
September 27, 2014 | Permalink | Comments (0)
Welcome to Cannabis Law Prof!
WELCOME, readers from Doug Berman's excellent Marijuana Law & Policy blog and other newcomers. The focus here at CLP is less on marijuana policy, federalism questions, and the myriad issues surrounding criminal enforcement than on the business and regulatory side of things. My own teaching focuses on contracts, business organizations, and legislation, and my background is as a business lawyer. What's happening in the cannabis world creates an unprecedented and fascinating case study for a curious law professor. This isn't an advocacy site -- while I won't be shy about sharing my own views, the space will try to engage the whole dialogue surrounding legalization. Please continue to visit!
We're always looking for intersting stuff, so if you lawyers, business people, or other interested folks are working on something interesting, please send it along.
September 27, 2014 | Permalink | Comments (0)
New Franchise Idea: Mobile Cannabis Processing
PROBLEM: Increasing numbers of growers are entering the medical and recreational cannabis industry, but while they've learned to grow the stuff, they don't know how to process it.
SOLUTION: A truck-based mobile cannabis processing facility that will go from farm to farm, processing the material on-site for growers into either trimmed buds or cannabis concentrates like hash, wax, or tinctures.
That solution is a proposed new franchise venture for Terpworks, a new Vancouver (WA)-based business launched by grower/processor Tom Lauerman. An article by reporter Sue Vorenburg of The [Vancouver] Columbian profiles the innovative new business:
"There's a need out there for this," said Lauerman, who added that he's already lining up customers. "There are a lot of people getting into the cannabis business, and they to some extent know how to grow, but they don't know how to process their plants."
Lauerman, who said he will also continue running his farm, is preparing a specialized truck that will have an array of concentrate processing equipment set up. The truck also has a sleeping area for the two-person team that will manage the operation.
"We can even work with I-502 (legal Washington recreational) businesses, I talked to an attorney about it," Lauerman said. "We're basically just another contractor, like an electrician. So we roll up into a grower-processor's canopy space, roll in and process for them."
One benefit of the mobile business is that the grower can watch or join in the processing and learn more about it. Also, their marijuana doesn't leave the grower's site, so the grower doesn't have to worry about shipping marijuana, he said.
"Nobody wants to travel with pounds and pounds of weed, so this way we can do everything there," Lauerman said.
September 27, 2014 | Permalink | Comments (0)
Friday, September 26, 2014
Does the War on Drugs Drive Growth in Prison Populations?
Well, not as much as you might have thought, according to a new paper by John Pfaff (left) of Fordham Law School. In the paper, "The War on Drugs and Prison Growth: Limited Importance, Limited Legislative Options," forthcoming in the Harvard Journal of Legislation, takes an empirical look at the issue. Here's the abstract:
Many commentators argue that the War on Drugs has played a major role in the four-decade long explosion in US incarceration rates, but in this paper I demonstrate that these claims do not generally rest on sound empirical footing. The direct incarceration of drug offenders explains only about 20% of prison growth (compared to over 50% for violent offenders), and drug convictions do not appear to drive parole revocations nor act as prior felonies that trigger harsh repeat offender laws for subsequent non-drug offending. Furthermore, drug offenders also appear to comprise only about 20% of those flowing through prison, which could be a more accurate measure of the War on Drugs' impact, since drug offenders generally serve disproportionately short sentences and thus may be under-represented in the one-day prison counts that are standard metric of prison's scope.
That said, the War on Drugs could still matter, but in more indirect -- and much harder to measure -- ways. Drug enforcement could contribute to overall social instability in high-crime, high-enforcement communities, or at least to the perception of instability, in ways that may trigger more enforcement by police and prosecutors, even if crime rates are relatively low and falling. Furthermore, while prior drug offenses do not appear to trigger formal recidivist statutes, they may alter prosecutorial charging decisions for later non-drug offenses, but prosecutorial charging behavior is currently impossible to measure with existing data.
Finally, even though the War on Drugs has played only a secondary role in prison growth, there are over 200,000 people in state prison every day on drug charges, and states appear eager to reduce the scope of drug-related incarcerations. So I conclude by considering some of the options available to states. I point out that the leading contenders -- decriminalization and sentence reduction -- will likely have little effect, since few offenders are in prison on marijuana charges (the only drug for which decriminalization is currently feasible), and all drug offenders serve relatively short sentences, well below the statutory maximums. I then consider broader options, such as proposals that target the financial incentives prosecutors have to send offenders, including drug offenders, to prison. I also touch on the implications of adopting broader definitions of "drug offenders," such as those who commit violent or property crimes either to support drug habits or in the course of selling drugs.
September 26, 2014 | Permalink | Comments (0)
Replacing Holder: A Successor Republicans Won't Obstruct
GOP CONSERVATIVES apparently are cautioning President Obama about trying to get a successor to departing Attorney General Eric Holder confirmed during the upcoming lame-duck Congress. That perspective, in my view, misses a potential opportunity to do some real fence-mending between the parties, and reflects suspicion that the President will name someone ideologically anathematic to Republicans. It also would hinder the DOJ, at a crucial time, from moving forward on a range of important issues.
But deadlock doesn't have to be the case. While none of the names being batted around as potential successors seem likely to spark much support from the right, the President has an opportunity to name a candidate who could overcome Republican hostility, get a quick confirmation, and hit the ground running.
What the President needs at this juncture -- a coming two years where national security and foreign policy issues are going to be front and center -- is an experienced justice official who can strongly and credibly advocate for the Administration's authority to take the steps it deems necessary to fight international terrorism. The last two years of Obama's presidency will be crucial to cementing his legacy, and will doubltess bring more scuffles with an increasingly hostile Congress. The President needs someone who can reach common ground with those adversaries ,while forcefully arguing for the Administration's policies. It would help if the nexdt nominee were someone with the kind of undeniable academic credentials that command respect, and who has a history of making and defending hard decisions. It also wouldn't hurt if the candidate also could carry on AG Holder's work in bringing diversity to the department.
The President could do much worse than name former Deputy Assistant Attorney General John Choon Yoo as the nation's first Asian-American attorney general.
September 26, 2014 | Permalink | Comments (0)
How To Get a 3-10 Years Without Parole for Obtaining $20 Worth of Marijuana . . . .
IT'S PRETTY HARD TO DO THAT, even in drug-unfriendly Arizona, but a Phoenix UPS worker has managed to pull it off. Walter Morrison, 20, hit the jackpot when he swapped a package he pilfered from his employer at Sky Harbor Airport for $20 worth of marijuana. Turns out the package contained a diamond valued at $160,000.
Theft of more than $25,000 seems to be a class 2 felony in Arizona, punishable by 3 to 10 years in prison. Ariz. Rev. Stat. § 13-802(G). That's bad enough, but another section of the statute provides that where the stolen property is worth more than $100,000, the thief isn't eligible for suspended sentence, parole, or pardon. Id. § 13-802(H). Morrison better hope he can cut a deal to turn in his dealer . . . .
Best line from the ABC News Phoenix link above: "“Any single stone over $100,000 [said a local jewelere] is an expensive stone.” Who would have thought?
September 26, 2014 | Permalink | Comments (0)
Daily News Roundup
Departing AG Holder "Open to Rescheduling" Marijuana. "On the brink of giving up his post, U.S. Attorney General Eric Holder appears to be more open than ever before to talk about the potential of rescheduling of marijuana. Marijuana is currently a Schedule I substance in the U.S. — along with heroin, LSD, ecstasy and other substances with "no medical use" — a designation activists have long fought and a serious roadblock for the legal marijuana industry in states that allow the sale of medical or recreational cannabis.
Legalization Opponents "Gaining Traction" in Florida? "Voters will be deciding the fate of a broad-based medical marijuana law in a little more than 40 days, and one group’s crusade against the drug might be gaining traction. The ‘Don’t Let Florida Go to Pot Coalition’ has been listing off negative effects of marijuana all year. The coalition says its anti-marijuana message is working, and they point to recent poll numbers as proof."
Poll: Legalization in Oregon Too Close to Call: A new poll taken for KATU-TV shows the outcome of the marijuana legalization measure in doubt . . . . SurveyUSA found that 44 percent of voters said they supported the marijuana legalization measure while 40 percent were opposed and 16 percent were undecided. The relatively large number of undecided voters may have been because respondents were asked whether they were "certain" to vote for or against the measure. In an August survey, SurveyUSA found 51 percent in favor of the marijuana legalization measure, but the question wording was different.
Wisconsin Police Seize "Huge" Marijuana Operation. "One of the largest marijuana growing operations ever discovered in Dane County was seized Wednesday by drug enforcement agents executing search warrants at four properties in Madison and Sun Prairie, authorities said. The agents seized 1,124 plants worth more than $1 million, with hundreds of plants found at each location, according to the Dane County Sheriff's Office.
Government-Run Medical Dispensary Proposed for Canberra. "The [Australia Capital Territory] Government would supply medical cannabis to users under Greens MLA [Member of the Legislative Assembly] Shane Rattenbury's vision of how legalised marijuana use would work in the territory. Mr Rattenbury wants to legalise cannabis for medical purposes in Canberra, allowing terminally and chronically ill Canberrans to grow marijuana and use the drug to alleviate their pain and symptoms.
Connecticut Teen Hospitalized for Marijuana-Laced Lollipop. "An Enfield mother is angry and upset after she said her 16-year-old daughter was given a lollipop at school that she believes was laced with marijuana. Eva Reyes-Portis said her Enfield High School daughter spend the night in a hospital after having a dangerous reaction at school. She said her daughter was in the hospital hallucinating and "thinking people were talking to her" when they weren't, Reyes-Portis said. According to toxicology reports, the pops tested positive for cannabis."
AZ Regents Hear Protests Over Termination of Cannabis Researcher. "Veterans and cannabis advocates from various backgrounds rallied together at the Arizona Board of Regents meeting on Thursday morning and called upon the regents to reinstate Dr. Sue Sisley. The audience members were invited to voice their concerns and share their stories during the call-to-audience session at the start of the second day of the board of regents meeting, which was held at Northern Arizona University. The members’ concerns centered around the termination of Sisley’s contract over the summer. Prior to which, she was conducting research on medical marijuana and its effect as a treatment for post-traumatic stress disorder. Since the termination of her contract, her research has been halted."
Growers Challenge FL Health Department Regs as Onerous and Unauthorized. "The Florida Department of Health's proposed business regulations for the low-THC strain of medical cannabis are being challenged by nurseries and a trade group that argue they are too onerous and an overreach of the state agency's authority. Last week, Plants of Ruskin in Hillsborough County and Costa Farms in Miami, two nurseries that meet the state's eligibility requirements to apply to grow and sell the non-euphoric strain of medical marijuana, filed challenges with the Department of Administrative Hearings."
September 26, 2014 | Permalink | Comments (3)
