Arizona Appellate Court Strikes Medical Marijuana Campus Ban

PHOENIX, AZ — An Arizona appellate court has ruled that a 2012 law amending the Arizona Medical Marijuana Act (AMMA) to prohibit the use of medical cannabis on college campuses is unconstitutional.

“By enacting A.R.S. § 15-108(A), the Legislature modified the AMMA to re-criminalize cardholders’ marijuana possession on college and university campuses,” the Court opined. “The statute does not further the purposes of the AMMA; to the contrary, it eliminates some of its…

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Arizona Appellate Court Strikes Down Law Banning Medical Marijuana on Campus

PHOENIX, AZ — An Arizona appellate court has ruled that a 2012 state law prohibiting the use of medical cannabis on college campuses is unconstitutional.

Arizona voters in 2010 narrowly approved a statewide initiative, the Arizona Medical Marijuana Act (AMMA), permitting qualified patients to possess and use medicinal cannabis. The Court determined that the legislature’s decision to later amend the law in order to restrict medical marijuana use on college…

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Oklahoma Medical Marijuana Proponents Victorious in Ballot Fight

OKLAHOMA CITY, OK — The state Supreme Court of Oklahoma has ruled in favor of the proponents of a forthcoming statewide ballot measure to regulate medical cannabis access.

In a 7 to 1 ruling, justices rejected the state attorney general’s rewording of the initiative’s ballot title and ordered that the measure’s initial language be restored.

Initiative proponents, Oklahomans for Health, had argued that the revised title was purposely misleading because it did not…

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Montana Court: Medical Marijuana Dispensaries Can Immediately Begin Serving Patients

HELENA, MT — Voter-initiated changes in law governing the operation of medical cannabis providers may take effect ahead of the measure’s June 30, 2017 implementation date, according to a court ruling.

Fifty-six percent of Montana voters approved I-182 on Election Day, which expands patients’ access to medical cannabis. However, a drafting error in the measure delays implementation of the new law until the end of June.

Last week, a Helena District Court Judge…

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NORML Sues Over Missing Ballot Item in Florida

legal marijuana law gavel scale

The Florida’s chapter of the National Organization for the Reform of Marijuana Laws (NORML) has filed a civil lawsuit against the Broward County Commissioner of Elections, after media and news reports revealed that mail in ballots have been sent to voters omitting the state’s medical marijuana constitutional amendment.

The claim was just filed by NORML’s national vice chairman, Fort Lauderdale attorney Norm Kent, and his law partner, Russell Cormican, on behalf of…

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Missouri Judge Disqualifies Proposed 2016 Medical Marijuana Ballot Measure

Missouri Judge Disqualifies Proposed 2016 Medical Marijuana Ballot Measure

SPRINGFIELD, MO — Voters will not have the opportunity this November to decide on a proposed statewide proposition to permit the physician-supervised use of marijuana.

A Cole County Circuit Judge has upheld a decision by St. Louis election officials to disqualify thousands of petition signatures because voters had mistakenly signed forms indicating that they resided in a county other than where they lived.

The measure, sponsored by New Approach Missouri, sought to authorize qualified patients to possess, cultivate, and/or obtain cannabis…

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Appeals Court: State-Sanctioned Marijuana Users Not Afforded Second Amendment Rights

Appeals Court: State-Sanctioned Marijuana Users Not Afforded Second Amendment Rights

Justices for the Ninth Circuit Court of Appeals on Wednesday ruled in favor of a 1968 federal law prohibiting the sale of firearms to any “unlawful user” of a federally controlled substance.

Justices determined that state-registered medical marijuana patients are forbidden from purchasing firearms because cannabis remains classified as a Schedule I substance under federal law. They further opined that the ban “furthers the Government’s interest in preventing gun violence” because marijuana users “are more likely to be involved…

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Court: Budgetary Amendment Bars Federal Prosecution of State-Compliant Medical Marijuana Providers

Court: Budgetary Amendment Bars Federal Prosecution of State-Compliant Medical Marijuana Providers

SAN FRANCISCO, CA — Federal officials are not permitted to engage in the criminal prosecution of those who are engaged in activity related to medical marijuana absent evidence that the defendants are in clear violation of state law, according to a unanimous ruling by a three-judge panel on the Ninth Circuit Court of Appeals.

The ruling broadly interprets a 2014 federal budgetary amendment prohibiting the US Justice Department from spending any funds “to prevent … states … from implementing their own state laws that authorize the…

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License Plate from a Marijuana State? That’s No Reason to Stop and Search, Fed Court Says

License Plate from a Marijuana State? That’s No Reason to Stop and Search, Fed Court Says

DENVER, CO — Drivers from pot-friendly West Coast states have long complained of “license plate profiling,” claiming state troopers more interested in drug interdiction than traffic safety perch like vultures along the nation’s east-west interstate highways pull them over on pretextual traffic stops—going 71 in a 70 mph zone, failing to wait two full seconds after signaling before making a lane change, weaving within a lane—because their plates make them suspected marijuana traffickers.

Since Colorado blossomed as a medical…

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Arizona Judge Dismisses Marijuana Legalization Opponents’ Lawsuit

Arizona Judge Dismisses Marijuana Legalization Opponents’ Lawsuit

Campaign to Regulate Marijuana Like Alcohol calls on Yavapai and Maricopa county prosecutors, who were plaintiffs in the lawsuit, to accept the court’s ruling and focus on fighting serious crimes instead of citizen initiatives

PHOENIX, AZ — On Friday, a Maricopa County Superior Court judge dismissed a lawsuit filed by opponents of Proposition 205 who want to keep the measure off the November ballot.

The Campaign to Regulate Marijuana Like Alcohol, which is supporting Proposition 205, is calling on Yavapai County Attorney Sheila Polk and…

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Federal Court of Appeals Upholds Ban on Prosecuting State-Compliant Medical Marijuana Businesses

Federal Court of Appeals Upholds Ban on Prosecuting State-Compliant Medical Marijuana Businesses

SAN FRANCISCO, CA — A three-judge panel of the US Court of Appeals for the 9th Circuit, covering nine western states, earlier this week ruled unanimously that the Department of Justice is barred by federal law from prosecuting medical marijuana businesses if those businesses are operating in compliance with state law.

This decision came in an appeal in which the court had consolidated ten different cases from California and Washington, in which the defendants — growers and dispensaries — had argued that their federal indictments should…

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New Infographic Shows Who Buys Legal Marijuana in America

New Infographic Shows Who Buys Legal Marijuana in America

With recreational marijuana sales underway in three states, a fourth one coming soon, and five more states voting on the issue in November, a new infographic released today by New Theory Magazine breaks down who today’s legal cannabis consumers are.

Some interesting findings include:

  • The average age for a recreational marijuana consumer is 37 years old
  • The average annual spending amount for a marijuana consumer is $645 per year
  • The average marijuana consumer spends $33 per trip to a dispensary or retail cannabis outlet
  • More than half of all…

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Supreme Court Opens Door for More Lawless Police Searches

Supreme Court Opens Door for More Lawless Police Searches

WASHINGTON, DC — In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.

The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the…

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Feds Give Up on Effort to Seize Nation’s Largest Medical Marijuana Dispensary

OAKLAND, CA — In a stunning victory for California’s marijuana industry, federal prosecutors have agreed to end their years-long effort to close and seize Oakland’s Harborside Health Center, the nation’s largest dispensary with more than 100,000 patients.

Harborside broke the news with a press release Tuesday, followed up by a press conference attended by Oakland officials who have stood by the dispensary since then-US Attorney Melinda Haag went after in 2012.

The effort to shut down Harborside was part of a broader offensive against…

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Victory! Feds Drop Another Medical Marijuana Lawsuit

The Department of Justice (DOJ) has dropped its civil forfeiture action against Harborside Health Center in Oakland, CA.

The case was brought by the DOJ back in 2011 as part of a federal crackdown against legal state medical cannabis dispensaries. The dropping of the case was at least in part the result of a Congressional amendment which prevents the DOJ from interfering with those abiding by their state medical cannabis law.

This marks the second time in recent weeks that the feds have dropped a case as a result of the Congressional…

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Feds Drop Lawsuit Against Harborside Health Center

A five year old asset forfeiture lawsuit against Oakland’s Harborside Health Center, the country’s largest medical marijuana dispensary, has finally been dropped by federal prosecutors, city and state officials announced Tuesday.

Oakland City Councilmember Rebecca Kaplan made the announcement in a press release Tuesday, which was quickly followed by a statement from Harborside and from California Congresswoman Barbara Lee (D-CA) praising the decision.

“As of today, Harborside Health Center is in the clear and will no longer have…

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Maine Court Rules in Favor of Marijuana Legalization Supporters; Orders Secretary of State to Review Invalidated Signatures

Maine Court Rules in Favor of Marijuana Legalization Supporters; Orders Secretary of State to Review Invalidated Signatures

A Kennebec County Superior Court judge found that state officials erred when they disqualified thousands of petitions — including more than 17,000 signatures from Maine voters that were validated by town clerks — without actually reviewing them

AUGUSTA, ME — A Kennebec County Superior Court judge ruled on Friday that state officials may have improperly invalidated thousands of signatures of registered Maine voters and unlawfully denied citizens their constitutional right to vote on a proposed ballot initiative to regulate marijuana…

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Our Recent Supreme Court Victory and What It Means

The recent decision by the US Supreme Court to refuse to hear a challenge to the Colorado marijuana legalization law was a significant victory for those who favor legalizing marijuana and a significant set-back for those who thought the federal courts might help them hold on to the increasingly unpopular policy of criminal prohibition. The name of the case was States of Nebraska and Oklahoma v. State of Colorado.

Original Jurisdiction

First, here’s a brief lesson in Supreme Court jurisprudence. Nearly all cases that make it to the US…

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Canada Won’t Appeal Ruling Allowing Medical Marijuana Patients to Grow Their Own

Medical marijuana patients in Canada will regain the right to grow their own cannabis after the government said on Thursday it would comply with a federal court decision against a ban introduced by the previous Conservative government.

The federal government said Canada’s medical marijuana laws would be rewritten to reflect the court’s judgment, setting a deadline of Aug. 24 to finalize the changes.

“We are committed, as you know, to making sure that Canadians who require marijuana for medical purposes have appropriate access to…

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Marijuana Lawsuit Against Colorado Rejected by SCOTUS

In 2012, Colorado voted to legalize marijuana production, sales, and consumption for adults, but two neighboring states claimed the law is causing marijuana to spill into their states, creating a law enforcement burden, and that the law is a violation of the Controlled Substances Act.

WASHINGTON, DC — Today, the U.S. Supreme Court denied a request to hear a lawsuit Nebraska and Oklahoma brought against Colorado’s marijuana legalization law, a rare case falling under the Court’s original jurisdiction to hear lawsuits between states.

In…

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US Supreme Court Tosses States’ Lawsuit Against Colorado Over Marijuana Legalization

US Supreme Court Tosses States’ Lawsuit Against Colorado Over Marijuana Legalization

The United States Supreme Court has refused to take up a lawsuit filed by Nebraska and Oklahoma over Colorado’s legalization of marijuana.

WASHINGTON, DC — On Monday, the United States Supreme Court declined to take up a lawsuit filed against Colorado by neighboring states over the legalization of marijuana.

The lawsuit was filed in 2014 by the states of Nebraska and Oklahoma, who asked the Court to find that Colorado’s laws legalizing the state-licensed production and sale of marijuana to adults violates the United…

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Montana Supreme Court Upholds Legislative Changes to Medical Marijuana Law

Montana Supreme Court Upholds Legislative Changes to Medical Marijuana Law

Lawmakers passed legislation in 2011 to roll back the state’s medical marijuana program, which voters initially approved in 2004. Those changes have been subject to legal challenges ever since.

HELENA, MT — The Supreme Court of Montana has upheld a number of legislative amendments to the state’s voter-approved medical cannabis law.

Lawmakers passed legislation in 2011 to roll back the program, which voters initially approved in 2004. Those changes have been subject to legal challenges ever since.

Specifically, the Court upheld…

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Court Shuts Down L.A. Marijuana Delivery App ‘Nestdrop’

Court Shuts Down L.A. Marijuana Delivery App ‘Nestdrop’

California Court Ruling Could Halt Medical Marijuana Deliveries in LA

LOS ANGELES, CA — App developers behind a medical marijuana delivery service for Los Angeles cannot overturn an injunction, an appeals court ruled Monday.

When Joseph Pycher and Roddy Radnia started Nestdrop LLC in 2013, their mobile app of the same name was focused on arranging deliveries of alcohol within one hour customers placing an order.

They branched out and partnered with Los Angeles medical-marijuana dispensaries in late 2014, providing users with menus of local…

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Backers to File Lawsuit Challenging Disqualification of Maine Marijuana Legalization Initiative

Campaign to Regulate Marijuana Like Alcohol in Maine to File Lawsuit Today Challenging the Secretary of State’s Decision to Disqualify the Measure from the November Ballot

PORTLAND, ME — Backers of an initiative to regulate marijuana like alcohol in Maine will file a lawsuit in Kennebec County Superior Court on Thursday that challenges the Secretary of State’s decision to disqualify the measure from the November ballot.

Last week, the Maine Secretary of State’s Office announced that a proposed initiative to end marijuana prohibition…

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Lawsuit Filed Challenging Disqualification of Maine Marijuana Legalization Initiative

Lawsuit Filed Challenging Disqualification of Maine Marijuana Legalization Initiative

PORTLAND, ME— Backers of an initiative to regulate marijuana like alcohol in Maine filed a lawsuit in Kennebec County Superior Court on Thursday challenging the Secretary of State’s decision to disqualify the measure from the November ballot.

According to the suit, state officials improperly invalidated thousands of signatures of registered Maine voters and unlawfully denied citizens their constitutional right to vote on the measure.

Campaign leader David Boyer and attorney Scott Anderson announced the details of the suit at a news…

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Canadian Court Rules Government Can’t Prohibit Patients’ Rights to Grow Cannabis

A federal court in Canada ruled Wednesday that government officials cannot prohibit physician-authorized patients from growing their own supply of medical cannabis.

The decision strikes down regulations enacted in 2013 that sought to take away patients’ longstanding authority to grow personal use quantities of cannabis.

The court opined that the regulations unduly infringed upon patients’ liberties and that they were “not in accordance with the principles of fundamental justice.”

The judge’s ruling provides Parliament with six…

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Legalizing Marijuana and Your 4th Amendment Protections

Legalizing Marijuana and Your 4th Amendment Protections

The nationwide movement to legalize the responsible use of marijuana is a badly needed change in public policy, because it will eventually eliminate all but a few of the 700,000 marijuana arrests that occur each year in this country (there will always be a few who insist on operating outside the limits set by legalization). That fact alone would justify ending prohibition. We are needlessly criminalizing millions of otherwise law-abiding marijuana smokers.

The Fourth Amendment Protections

But the struggle to legalize marijuana is also part of…

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Navy Veteran Has Children Taken Away Due to Medical Marijuana Use

“People who don’t understand the medical value of cannabis are tearing my family apart,” says Raymond Schwab

Veteran’s Children Held Hostage By the State

Schwab is a US Navy veteran from Kansas who just had 5 of his 6 children taken away from CPS (Child Protective Services) because of his medical marijuana recommendation in Colorado; where cannabis is legal.

Less than a year ago, Raymond Schwab and his wife were in the middle of moving to Colorado to grow medical marijuana for fellow veterans. While they were in Colorado preparing for…

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Kansas Supreme Court Tosses Wichita Marijuana Law

WICHITA, KS — The Kansas Supreme Court struck down a city ordinance decriminalizing some marijuana offenses after concluding supporters botched the ballot paperwork that led to its adoption.

The Jan. 22 ruling invalidates a referendum in which 54 percent of the voters endorsed loosening restriction on marijuana use.

In an opinion penned by Chief Justice Lawton Nuss, the court found that because filings by bill supporters lacked “verbatim” wording of the then-potential law, the court can’t be sure that citizens and lawmakers knew…

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New Mexico Medical Marijuana Patient Sues Over Lack of Delivery

SANTA FE, NM – A medical marijuana patient sued the New Mexico Department of Health this week for refusing to deliver medical cannabis to patients.

Raymundo Marrufo lives in Deming, but has to drive 60 miles to Las Cruces to pick up his medical marijuana, which has been allowed in New Mexico since 2007.

Marrufo also sued the Border Patrol in Federal Court on Nov. 20 last year, claiming it violates the Rohrabacher Amendment, a federal law that precludes any federal agency from using federal funds to enforce any laws that interfere with…

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CA: Judge Tosses Claims of a Berkeley Marijuana Monopoly

SAN FRANCISCO, CA — A federal judge has thrown out claims that the city of Berkeley and three dispensaries conspired to corner the market on medical marijuana.

Private dispenser Christopher Smith sued Berkeley, its city council and Medical Cannabis Commission, and dispensers Berkeley Patients Group, Berkeley Patients Care Collective and Cannabis Buyers Club of Berkeley under the Racketeer Influenced and Corrupt Practices Act, known as RICO.

Smith said in a September 2015 complaint that the city imposed a three-dispensary cap and has…

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Florida Supreme Court Clears Medical Marijuana Proposal for 2016 Ballot

TALLAHASSEE, FL — An initiative to allow marijuana use by those with “debilitating medical conditions” will appear on the Nov. 2016 ballot in Florida, the state Supreme Court ruled on Thursday.

People United for Medical Marijuana proposed the constitutional amendment, which would create treatment centers and certify caregivers and physicians to dispense cannabis.

Among those who will be eligible use medical marijuana to manage their symptoms should the measure pass are patients with cancer, epilepsy, glaucoma, HIV, and AIDS, PTSD,…

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SCOTUS Should Dismiss States’ Challenge to Colorado Marijuana Legalization, Solicitor General Says

WASHINGTON, DC — U.S. Solicitor General, Donald Verrilli Jr., issued a statement Wednesday advising the Supreme Court not to hear a lawsuit Nebraska and Oklahoma filed against Colorado’s marijuana legalization law last December.

Oklahoma and Nebraska attorneys general filed the suit in hopes of re-criminalizing marijuana in Colorado, claiming it had created a burden on their own law enforcement agencies and because marijuana is still federally illegal.

The Solicitor General stated, “Entertaining the type of dispute here – essentially…

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Obama Administration Urges Supreme Court to Dismiss States’ Suit Against Colorado Pot Law

In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado’s marijuana legalization law.

The two states had filed the lawsuit in December 2014, complaining that “the State of Colorado has created a dangerous gap in the federal drug control system” and that “marijuana flows from this gap into neighboring states, undermining Plaintiff States’ own marijuana bans, draining their treasuries, and placing stress on their criminal justice…

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Michigan Supreme Court Allows Grand Rapids Marijuana Decriminalization Law to Stand

LANSING, MI — An amendment to the Grand Rapids city charter that decriminalizes marijuana possession in the city will be allowed to stand after the state’s highest court refused to hear an appeal from Kent County Prosecutor William Forsyth.

The amendment, approved by voters in 2012, makes the possession of marijuana a civil infraction punishable by fines ranging from $25 to $100 with no jail time.  The amendment, which was approved by nearly 60% of voters, also makes  marijuana cases a low police priority, and forbids city law…

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Canadian Judge Fines Man $1.30 for 30 Marijuana Plants

Québec Judge Protests Canadian Cannabis Law

In a ruling that both protests the severely broken war on marijuana and reflects Prime Minister Justin Trudeau’s position on weed, a judge in Québec fined a man $1.30 for 30 cannabis plants.

Judge Pierre Chevalier delivered the symbolic ruling to Mario Larouche, who was arrested for possession of 30 marijuana plants.

“We are in a society where people are accused of possession and use of marijuana while more than half the population has already consumed. These are laws that are obsolete…

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Michigan Medical Marijuana Patients Eligible for Unemployment Benefits

Michigan Medical Marijuana Patients Eligible for Unemployment Benefits

LANSING, MI — State qualified medical cannabis patients are eligible to receive unemployment benefits, according to the Michigan Supreme Court.

Justices let stand a 2014 appeals court ruling determining that patients can receive compensation even in cases where their employer has fired them for failing a drug screen. As long as there is “no evidence to suggest that the positive drug tests were caused by anything other than claimants’ use of medical marijuana in accordance with the terms of the MMMA (Michigan Medical Marijuana Act),…

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Judge Orders NH Health Dept. to Issue Medical Marijuana Card to Terminal Patient

With an ID card, Linda Horan will be able to obtain medical marijuana legally in Maine and use it without fear of arrest in New Hampshire; Horan sued DHHS after it refused to issue ID cards until dispensaries open next year

CONCORD, NH — On Tuesday, a Merrimack County Superior Court Judge ordered the New Hampshire Department of Health and Human Services (DHHS) to issue a medical marijuana ID card to a woman with terminal cancer in order to expedite her access to medical marijuana.

Linda Horan of Alstead filed a lawsuit against DHHS…

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Hearing Thursday for Terminal NH Cancer Patient Seeking Medical Marijuana Access

Linda Horan of Alstead wants a New Hampshire medical marijuana ID card, which would allow her to obtain medical marijuana legally in Maine and protect her from arrest and prosecution in New Hampshire

CONCORD, NH — Merrimack County Superior Court will hold a hearing at 10 a.m. on Thursday on a lawsuit against New Hampshire Commissioner of Health and Human Services Nicholas Toumpas filed by a terminal cancer patient seeking access to medical marijuana.

Linda Horan of Alstead, who is suffering from Stage 4 lung cancer, filed a…

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South Dakota Law Can Get You Busted for Smoking Pot in Another State

South Dakota’s Flandreau Santee Sioux Tribe announced over the weekend that it was suspending operations on its marijuana resort set to open on New Year’s Eve and that it had burned its pot crop. The tribe said it was seeking “clarification” from the Justice Department to ensure “the continued success of the marijuana venture.”

The move comes as at least three other Indian tribes that have embarked on marijuana operations after the Justice Department seemingly gave them a green light last year have been raided by the DEA, a…

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Entrapped Autistic Teen’s Lawsuit Against School Administrators Dismissed

Jesse Snodgrass, who has autism, was befriended by an undercover police officer who repeatedly insisted that Jesse find marijuana for him. After being harassed for nearly three weeks by the officer, Jesse was able to buy half a joint from a homeless man to give to the officer. Shortly thereafter, Jesse was arrested in front of his classmates along with 21 additional students, many of whom have special needs.

TEMECULA, CA —  Last month, the lawsuit filed by the family of Jesse Snodgrass against Temecula Valley Unified School District…

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Terminal Cancer Patient Seeking Medical Marijuana Files Lawsuit Against New Hampshire Commissioner of Health and Human Services

Suit filed Thursday by Linda Horan of Alstead asks DHHS to take swift action so that she can immediately begin accessing medical marijuana to mitigate ‘intolerably painful side effects’ of stage IV lung cancer — ‘She does not wish to spend her last months in a narcotic haze from prescribed opiates’

CONCORD, NH — A terminal cancer patient seeking expedited access to medical marijuana filed a lawsuit Thursday in Merrimack County Superior Court against New Hampshire Commissioner of Health and Human Services Nicholas Toumpas.

The…

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Mexico’s Supreme Court Rules In Favor of Marijuana

MEXICO CITY — Mexico’s Supreme Court ruled in a 4-1 vote on Wednesday that the prohibition of marijuana is unconstitutional. The ruling declared that individuals should have the right to grow and distribute marijuana for their personal use.

Mexico has increasingly considered reforming their marijuana policies in recent months following the well known case of 8 year old, Graciela Elizalde, whose parents launched a successful social media campaign to pressure the Mexican government to approve a CBD treatment for their daughter. This…

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Mexico Supreme Court: Individuals Have the Right to Consume and Cultivate Marijuana

Landmark Case Could Pave the Way for Marijuana Legalization

MEXICO CITY — In a 4 to 1 vote, Mexico’s Supreme Court ruled Wednesday that the prohibition of the consumption and cultivation of marijuana for personal use is unconstitutional.

The Court determined that the prohibition of the consumption of marijuana – and its cultivation for non-commercial ends – violates the human right to the free development of one’s personality. This landmark case could lead to the legalization of marijuana for recreational purposes if followed up…

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Montana Seeks Court Ruling to End Medical Marijuana Sales

HELENA, MT — Montana is in the fifth year of a legal fight to severely restrict how medical marijuana is grown and distributed, even as attitudes in other parts of the nation appear to be shifting toward more tolerance for the drug.

Attorneys for the state argued Wednesday before the Montana Supreme Court to lift a judge’s injunction that prevents enforcement of a 2011 law that would ban commercial sales of medical marijuana and limit providers of the drug to a maximum of three patients.

The state also wants to lift District Judge James…

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NH Cancer Patient Sues Over Lack of Medical Marijuana Card

Suit filed Thursday by Linda Horan of Alstead asks DHHS to take swift action so that she can immediately begin accessing medical marijuana to mitigate ‘intolerably painful side effects’ of stage IV lung cancer — ‘She does not wish to spend her last months in a narcotic haze from prescribed opiates’

CONCORD, NH — A terminal cancer patient seeking expedited access to medical marijuana filed a lawsuit Thursday in Merrimack County Superior Court against New Hampshire Commissioner of Health and Human Services Nicholas Toumpas.

The…

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Constitutionality of California’s New Medical Marijuana Law Challenged in Court

Constitutionality of California’s New Medical Marijuana Law Challenged in Court

SAN JOSE, CA — California’s Medical Marijuana Regulation and Safety Act, signed into law this month to regulate the state’s medical marijuana industry, violates the state’s constitution, a medical marijuana collective operator claims in court.

Governor Jerry Brown signed the law on Oct. 9, to establish a comprehensive legislative framework for the production, transportation and sale of medical marijuana in California.

The bipartisan group of legislators who drafted the laws says they will provide a licensing structure for the…

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Rohrabacher-Farr Amendment Prevents Feds from Continuing to Shut Down California Dispensary

Rohrabacher-Farr Amendment Prevents Feds from Continuing to Shut Down California Dispensary

Ruling Undermines Department of Justice Interpretation of Congressional Restrictions On Interference With State-Legal Medical Cannabis Programs

SAN FRANCISCO, CA — On Monday, U.S. District Court Judge Charles Breyer ruled that enforcement of the injunction against the Marin Alliance for Medical Marijuana (MAMM), which has prevented the medical cannabis dispensary from engaging in business, must be consistent with the Rohrabacher-Farr Amendment and therefore, was only enforceable against activity that is not allowed within state law.

The…

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Federal Court Ruling: Spending Limitation Approved in Congress Shields Medical Marijuana Patients and Providers Acting in Compliance With State Laws From Justice Dept. Actions

Federal Court Ruling: Spending Limitation Approved in Congress Shields Medical Marijuana Patients and Providers Acting in Compliance With State Laws From Justice Dept. Actions

DOJ officials had said they did not believe the Rohrabacher-Farr Amendment would affect individual cases; the sponsors of the amendment disputed that claim in letters to the attorney general and a request for an inspector general investigation

WASHINGTON, DC — A federal judge ruled Monday that a budget amendment approved by Congress prevents the Department of Justice from taking action against medical marijuana patients and providers who are operating in compliance with state laws.

Northern District of California Judge Charles Breyer said…

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Federal Ruling Protects Medical Marijuana Dispensaries That Follow State Law

Federal Ruling Protects Medical Marijuana Dispensaries That Follow State Law

In Precedent-Setting Case, U.S. District Judge Charles Breyer Rules Justice Department in Violation of Federal Law and Lifts Injunction Against Medical Marijuana Dispensary; Judge Cites Recent Congressional Reforms, as Support for Ending Federal Marijuana Prohibition Continues to Grow in Congress

SAN FRANCISCO, CA — On Monday, a federal judge lifted an injunction against one of California’s oldest medical marijuana dispensaries.  The injunction can no longer be enforced in the wake of a congressional spending amendment passed by…

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