State Courts

My South Dakota Medical Marijuana Lawsuit Research

Our article about the South Dakota medical marijuana initiative and the likely lawsuit against state Attorney General Larry Long over what initiative supporters contend is his biased and possibly illegal description of the initiative that will appear on the ballot, got bumped this week, but we expect it to happen next week. I held off for a couple of reasons: First, the lawsuit has yet to actually be filed. Second, I couldn't manage to make contact with South Dakotans for Safe Access sole spokeswoman Valerie Hannah until Friday morning. Hannah, a Gulf War veteran who suffers from nerve gas exposure, will fill me in on what's going on Monday.

Prosecution: Kentucky Supreme Court Rules Pregnant Women Cannot Be Criminalized for Drug Use

Who knew the Kentucky legislature could be so progressive? A state maternal health law passed in 1992 protects women from being prosecuted as child-endangerers for drug use while pregnant, and last week the state's Supreme Court told prosecutors to obey the law.

Drugged Driving: Michigan Supreme Overturns Itself on Marijuana Metabolites Issue

In 2006, the Michigan Supreme Court ruled that people could be prosecuted as drugged drivers based solely on the presence of marijuana metabolites in their bodily fluids. Now, a more liberal Supreme Court has overturned that decision, holding that marijuana metabolites are not controlled substances and the states drugged driving law can thus not be applied to them.

Feature: Reining in SWAT -- Towards Effective Oversight of Paramilitary Police Units

Dead kids, dead dogs, broken doors, broken windows... what can we do to rein in those SWAT teams? There are answers.

Commentary: What Not to Do if You Grow Marijuana and Police Visit You

In a guest piece for the Chronicle, law professor John Calvin Jones dissects the case of a New Jersey man who ended up headed for prison for growing marijuana after police were called because he and his girlfriend were too loud during sex. He has some useful tips for people who want to know how to exercise their rights and avoid ending up like this guy.

Medical Marijuana: New Jersey MS Patient Gets Five Years for Growing His Medicine

New Jersey MS patient John Ray Wilson was convicted of growing marijuana in December. The state legalized medical marijuana in January. But Wilson was still sentenced to five years in prison last week.

Medical Marijuana: Iowa Pharmacy Board Recommends State Legalize It for Therapeutic Use

The Iowa Board of Pharmacy had to be dragged into reconsidering marijuana's classification as a Schedule I drug with no medical benefit. But now it has done so, and is recommending it be rescheduled and that the legislature look into setting up a medical marijuana program. In so doing, it has become the first state pharmacy board to take such an action ahead of voters or lawmakers.

Sentencing: California Appeals Court Upholds Ban on Probationer's Medical Marijuana Use

A California judge can order a medical marijuana patient to hand in his ID card and give up his medicine if he wants to go on probation instead of to prison, an appeals court has ruled in a 2-1 decision. The ruling provoked a harsh dissent.

Medical Marijuana: Colorado Judge Rules Users Have Right to Buy It

A Colorado judge has delivered a shot across the bow to towns and cities moving to ban medical marijuana dispensaries on the grounds they violate federal law.

Medical Marijuana: New Jersey Patient Acquitted of Most Serious Charge, Convicted of Others

New Jersey medical marijuana patient John Ray Wilson was found guilty of marijuana manufacture yesterday, but the jury refused to convict him on the most serious charge. The verdict came after the trial judge partially reversed himself and allowed Wilson to utter one sentence to the jury about his illness and his use of medical marijuana. Supporters are seeking a pardon from outgoing Gov. Jon Corzine.

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