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DUI law regarding marijuana unconstitutional

Category: News | Posted on Fri, October, 21st 2011 by THCFinder

Being charged for DUI just becuase they find trace amounts of marijuana in your system that could of been from weeks or months ago is 100% unconstitutional in our eyes. If you smoked a joint 2 weeks ago and got into a car accident tomorrow, how would that be fair to be charged for a DUI becuase you still had traces of Cannabis in your system? Well it's bullshit and we hope the Judge will agree!

ST. CHARLES TOWNSHIP – A judge will rule next week whether a woman accused in the 2009 traffic crash that killed a St. Charles couple can legally be charged with aggravated driving under the influence  because she had marijuana in her system at the time of the crash.
 
On Thursday, a lawyer for defendant Alia Bernard and prosecutors argued the matter before Kane County Judge Allan Anderson. Bernard, 27, of Aurora, has pleaded not guilty to charges of reckless homicide and aggravated DUI. The charges stem from a May 23, 2009, traffic crash on Route 47 at Smith Road near Elburn that resulted in a multi-vehicle pileup in which motorcyclists Wade and Denise Thomas, of St. Charles, died. She was charged with aggravated DUI after prosecutors said tests revealed she had consumed marijuana. Under Illinois law, anyone who consumes marijuana and was involved in a crash can be charged with DUI. And if someone dies in the crash, the charge can be upgraded to aggravated DUI.
 
However, Bernard’s lawyer, Bruce Brandwein, said Bernard was not impaired at the time of the crash, and prosecutors have not disputed that assertion. Brandwein has asked the court to declare that portion of the DUI statute unconstitutional and dismiss the aggravated DUI charge against Bernard. He argued in a motion filed in August and in oral arguments in court Thursday that the law, by specifically singling out drivers who consume marijuana “unlawfully,” creates a distinction that cannot pass the test of equal protection under law.
 
For instance, he notes that the law would not allow charges of aggravated DUI to be brought against a motorist in Illinois who has consumed marijuana in a state in which it is lawful to do so, but whose driving is not impaired by the use of the drug
 

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Colorado to formally ask DEA to designate pot Schedule II controlled substance

Category: News | Posted on Thu, October, 20th 2011 by THCFinder

If Colorado is successful this could be a game changer for the entire industry and may finally give some relief to medical marijuana patients in neeed.

The Drug Enforcement Administration dubs marijuana a Schedule I controlled substance -- meaning it has no accepted medical use. Switching pot to Schedule II, like morphine and cocaine, among other drugs, would instantly change the dynamic between the feds and medical marijuana states. And a Colorado spokesman confirms that his agency will make such a request by year's end.
 
Not that the state has a choice. Hidden within the language of House Bill 1284, the 2010 measure that established the regulatory structure for medical marijuana in Colorado, is a passage that enumerates the powers and duties of the state licensing authority. Under the heading "The state licensing authority shall," the seventh of them reads:
 
"IN RECOGNITION OF THE POTENTIAL MEDICINAL VALUE OF MEDICAL MARIJUANA, MAKE A REQUEST BY JANUARY 1, 2012, TO THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION TO CONSIDER RESCHEDULING, FOR PHARMACEUTICAL PURPOSES, MEDICAL MARIJUANA FROM A SCHEDULE I CONTROLLED SUBSTANCE TO A SCHEDULE II CONTROLLED SUBSTANCE."
 

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Medical Marijuana Resolution Filed in Florida House to Let Voters Decide the Need for Weed

Category: News | Posted on Wed, October, 19th 2011 by THCFinder

Could Florida be the next state to step up and try to legalize medicinal marijuana for the patients with serious health issues?

 

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Feds raid marijuana growing operation in north Denver warehouse

Category: News | Posted on Fri, October, 14th 2011 by THCFinder
Federal authorities raided a marijuana growing operation in north Denver for the second time in six months, arresting four men who were supplying a medical marijuana dispensary.
 
Ha Do, 48; his son Nathan Do, 21; Ha Do's brother Hai Do, 44 and Richard Crosse, 48, are charged with distribution and possession with intent to distribute 1,000 or more marijuana plants.
 
Ha and Nathan Do will make their first appearance in federal court this afternoon to be advised of the charges against them. The other two men have not yet been arrested.
 
This morning, police raided a north Denver warehouse owned by Crosse, and leased by the Dos, according to a release from the U.S. Attorney's Office. More than 1,100 marijuana plants were seized.
 
It was the second time the warehouse was raided. Over the summer, 1,800 plants and grow equipment was seized.
 
Before raiding the warehouse this morning, agents followed a truck from the warehouse to a second location, where they found another 2,500 marijuana plants and medical marijuana products. Authorities did not immediately release either address.
 

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NYPD admits to planting drugs on innocent people

Category: News | Posted on Thu, October, 13th 2011 by THCFinder
Former Detective Stephen Anderson, seen here in 2009, is testifying under a cooperation agreement with prosecutors.
 
A former NYPD narcotics detective snared in a corruption scandal testified it was common practice to fabricate drug charges against innocent people to meet arrest quotas.
 
The bombshell testimony from Stephen Anderson is the first public account of the twisted culture behind the false arrests in the Brooklyn South and Queens narc squads, which led to the arrests of eight cops and a massive shakeup.
 
Anderson, testifying under a cooperation agreement with prosecutors, was busted for planting cocaine, a practice known as “flaking,” on four men in a Queens bar in 2008 to help out fellow cop Henry Tavarez, whose buy-and-bust activity had been low.
 
“Tavarez was … was worried about getting sent back [to patrol] and, you know, the supervisors getting on his case,” he recounted at the corruption trial of Brooklyn South narcotics Detective Jason Arbeeny.
 
“I had decided to give him [Tavarez] the drugs to help him out so that he could say he had a buy,” Anderson testified last week in Brooklyn Supreme Court.
 
He made clear he wasn’t about to pass off the two legit arrests he had made in the bar to Tavarez.
 
“As a detective, you still have a number to reach while you are in the narcotics division,” he said.
 
NYPD officials did not respond to a request for comment.
 
Anderson worked in the Queens and Brooklyn South narcotics squads and was called to the stand at Arbeeny’s bench trial to show the illegal conduct wasn’t limited to a single squad.
 
“Did you observe with some frequency this … practice which is taking someone who was seemingly not guilty of a crime and laying the drugs on them?” Justice Gustin Reichbach asked Anderson.
 
“Yes, multiple times,” he replied.
 
The judge pressed Anderson on whether he ever gave a thought to the damage he was inflicting on the innocent.
 
“It was something I was seeing a lot of, whether it was from supervisors or undercovers and even investigators,” he said.
 
“It’s almost like you have no emotion with it, that they attach the bodies to it, they’re going to be out of jail tomorrow anyway; nothing is going to happen to them anyway.”
 
The city paid $300,000 to settle a false arrest suit by Jose Colon and his brother Maximo, who were falsely arrested by Anderson and Tavarez. A surveillance tape inside the bar showed they had been framed.
 
A federal judge presiding over the suit said the NYPD’s plagued by “widespread falsification” by arresting officers.
 

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R.I. medical-marijuana advocates: Calif. a completely different world

Category: News | Posted on Mon, October, 10th 2011 by THCFinder
PROVIDENCE — Advocates of Rhode Island’s medical-marijuana program were not surprised when they learned that four U.S. Attorneys in California announced last week that they were cracking down on large commercial marijuana operations that make millions of dollars and supply the drug to hundreds of dispensaries across the state.
 
But, they said, it’s important to note that Rhode Island is nothing like California. The biggest difference is that the licensing of dispensaries in California is not regulated, while state law in Rhode Island permits the opening of just three dispensaries in the nation’s smallest state.
 
“It’s a completely different world,” said JoAnne Leppanen, executive director of the Rhode Island Patient Advocacy Coalition. “It’s apples and oranges. The face of the patients has gotten lost in California.”
 
The announcement in California came just days after Governor Chafee issued a statement saying that he would not grant licenses to three dispensaries that the state Health Department selected last spring to provide marijuana to approximately 4,000 patients in the Rhode Island medical-marijuana program.
 
The dispensaries are the Thomas C. Slater Compassion Center in Providence, Summit Medical Compassion Center in Warwick and Greenleaf Compassionate Care Center in Portsmouth. Chafee, bowing to a threat from Peter F. Neronha, the U.S. Attorney for Rhode Island, said he was worried the federal authorities might raid the dispensaries and arrest anyone affiliated with their operation.
 
The governor’s decision angered patients and advocates of the program who said Chafee was violating state law by refusing to grant the licenses, and robbing patients of an opportunity to legally buy marijuana from state-regulated facilities.
 
The move by the federal prosecutors in California seems to buttress Chafee’s argument.
 
“Large commercial operations cloak their money-making activities in the guise of helping sick people when, in fact, they are helping themselves,” said Benjamin B. Wagner, U.S. Attorney for the Eastern District of California. “Our interest is in enforcing federal criminal law, not prosecuting seriously sick people and those who are caring for them.”
 
Added Laura E. Duffy, U.S. Attorney for the Southern District of California: “The California marijuana industry is not about providing medicine to the sick. It’s a pervasive for-profit industry that violates federal law. As the number-one marijuana-producing state in the country, California is exporting not just marijuana, but all the serious repercussions that come with it, including significant public-safety issues and perhaps irreparable harm to our youth.”
 
California has an estimated 5,000 marijuana dispensaries or stores in the state, including about 1,000 in the greater Los Angeles area. Supporting the industry is more than 200,000 patients who are licensed by the state to buy medical marijuana.
 
Leppanen said that California, which first permitted medical marijuana in 1996, lost its way years ago. She said that physicians on the Venice Beach boardwalk offer, for $50, passersby the opportunity to get the OK to buy marijuana. She said she wants to see the marijuana dispensaries in Rhode Island, also referred to as compassion centers, “reflect the Rhode Island population.”
 
Leppanen and Seth Bock, proprietor of Greenleaf Compassionate, said the Rhode Island dispensaries would be tightly regulated and serve only patients in the medical-marijuana program. Bock pointed out that the program’s growth has been steady, but fairly slow, climbing to 4,000 in five years.
 
“What has been proposed here is a much smaller scale,” he said, adding that California has been “pushing the boundaries of medical programs.”
 
Bock and Leppanen said that they would be willing to meet with Chafee and his staff with the hope of reaching an agreement on the future of the dispensaries. They said the answer might be in scaling back the grow operations and revenue projections of the three Rhode Island establishments.
 
Chris Reilly, a spokesman for the Slater Center, said that Slater officials also would be willing to reduce its size “as long as the patient needs can be met.”
 
When Neronha, the state’s federal prosecutor, first hinted that the federal authorities might raid the Rhode Island dispensaries, he cited the projected size of Slater, Summit and Greenleaf. Summit called for revenues of $24.8 million in year three and up to 8,000 patients, while Slater projected 1,500 patients and revenues of $2.9 million after two years.
 
Greenleaf projections are more modest.
 
Christine Hunsinger, Chafee’s spokeswoman, said that Claire Richards, the governor’s chief legal counsel, will meet with Leppanen about the dispensaries and discuss the possibility of reaching an agreement on smaller marijuana distribution that might be acceptable to federal authorities.
 
She said that the governor supports the medical-marijuana program, and he wants to do what’s right by the patients.
 
“There is a community in need of this,” she said.
 

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