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Oregon Senate reduces criminal penalties for marijuana possession, manufacturing

Category: News | Posted on Thu, April, 25th 2013 by THCFinder
SALEM -- Defendants found guilty of marijuana possession and manufacturing could face reduced penalties under two bills the Oregon Senate passed Wednesday.
Senate Bill 40 passed 22-7. It would make the penalties for marijuana possession and manufacturing "more in line with what justice should be on these sorts of issues," said Sen. Jeff Kruse, R-Roseburg.
 
Among other changes, the bill would:
 
reduce unlawful possession of less than an ounce of marijuana to a Class B violation, punishable by a presumptive fine of $260
reduce unlawful possession of one ounce or more, but less than four ounces, of marijuana to a Class B misdemeanor, punishable by maximum of six months in jail, $2,500 fine, or both
reduce unlawful possession of four ounces or more of marijuana to Class C felony, punishable by maximum of five years in prison, $125,00 fine, or both
reduce unlawful manufacture of marijuana to Class B felony, punishable by maximum of 10 years in prison, $250,000 fine, or both
Lawmakers also voted 18-11 to pass Senate Bill 82, which would eliminate the requirement that most defendants convicted of possessing less than an ounce of marijuana have their driving privileges suspended.
 

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Victory In Colorado: Unscientific THC DUID Bill Defeated In Senate

Category: News | Posted on Thu, April, 25th 2013 by THCFinder
Earlier this month we posted about an unscientific DUID (driving under the influence of drugs) bill advancing in Colorado, which would find someone guilty based on having an arbitrary amount of THC in their system, which would be determined through a blood draw – this is the 4th year such a measure has been discussed in Colorado’s Legislature. The measure passed through the House earlier this month, but is now officially dead, as it was voted down in the Senate Judiciary Committee by a vote of 4-1.
 
This is a strong victory for civil liberties and sanity in Colorado, as the proposed 5 ng/ml limit for THC has no scientific basis, and would lead to unimpaired drivers being found guilty as even active THC can linger in the body for days – not to mention that there’s nothing wrong with current DUID laws, which requires proof of impairment for a prosecution to take place. The victory is also a defeat for the White House and Drug Czar, as implementing these types of policies, state-by-state, is one of their top priorities in “combating” drug use. This measure’s defeat also shows that despite the State of Colorado legalizing marijuana possession, lawmakers aren’t falling for obvious propaganda, and blindly approving inappropriate laws that would easily appease prohibitionists.
 

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Colorado appeals court OKs firing for off-duty marijuana use

Category: News | Posted on Thu, April, 25th 2013 by THCFinder
A divided Colorado Court of Appeals panel on Thursday upheld the firing of a man for off-the-job medical-marijuana use, concluding that, because marijuana is illegal under federal law, employees have no protection to use it anytime.
 
The decision — which is precedent-setting — has broad implications not just for medical-marijuana patients but for any adult using marijuana in Colorado since voters legalized the substance in November.
 
The case is the first to look at whether off-duty marijuana use that is legal under state law is protected by Colorado's Lawful Off-Duty Activities Statute. The statute says employers can't fire employees for doing legal things off-the-clock.
 
Brandon Coats — a quadriplegic medical-marijuana patient who was fired from his job as a telephone operator at Dish Network after testing positive for marijuana — said the statute should apply in his case, since there is no evidence he was impaired on the job.
 

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Federal judge sentences Grand Blanc man to 20 years for funding marijuana operation

Category: News | Posted on Wed, April, 24th 2013 by THCFinder
BAY CITY, MI — A Grand Blanc man has a 20-year stay in federal prison on the horizon for funding a substantial marijuana operation.
 
U.S. District Judge Thomas L. Ludington on Monday, April 22, imposed the two-decade sentence on Salah Dado, 34. Dado's trial at the federal courthouse in Bay City ended in May with a jury convicting him of single counts of conspiring to manufacture, possess with intent to distribute and to distribute 1,000 or more marijuana plants or 1,000 kilograms or more of marijuana and aiding and abetting others in the manufacture of 1,000 or more marijuana plants.
 
Prosecutors argued in the trial that thousands of marijuana plants were grown and processed in rural Roscommon County with Dado having provided the funding. The pot was distributed throughout the eastern half of Michigan's Lower Peninsula by Dado and others, prosecutors maintained.
 
Authorities discovered the operation in the fall of 2009, with more than 1,400 plants ye to be harvested and processed.
 
Dado's sentence was based on the nature of his offense and his criminal background, which includes a prior felony drug conviction. 
 

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Horizon Air trying to fire pilot who used marijuana

Category: News | Posted on Wed, April, 24th 2013 by THCFinder
SEATTLE — Horizon Air wants a judge to stop a pilot who was fired for using marijuana from returning to the cockpit, a news website said.
 
The Seattle-based airline fired pilot Brian Milam after he failed a random drug test in November 2011 and he acknowledged smoking to cope with back pain and other issues, seattlepi.com reported Monday.
 
The firing was challenged by the Airline Professionals Association and an arbitrator ruled in the union's favor, saying Horizon failed to fully review Milam's record before firing him.
 
Horizon filed a lawsuit last week in federal court, asking the judge to throw out the arbitrator's ruling.
 
"Horizon is not willing to place an impaired pilot back in the cockpit," said Mark Hutcheson, an attorney representing Horizon. "Doing so would violate federal law and contravene a well-settled public policy prohibiting a pilot from flying while using drugs."
 
Milam was the first Horizon pilot to fail a drug test since the airline began testing in 1989, the lawyer said.
 
The union was displeased the case has gone to court.
 

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Supreme Court Rules Against Automatic Deportation For Marijuana Possession

Category: News | Posted on Wed, April, 24th 2013 by THCFinder
In a 7-2 vote on Tuesday, the Supreme Court ruled that deportation is not mandatory if a legal immigrant is convicted of possessing a small amount of marijuana.
 
The ruling was in response to Moncrieffe v. Holder. Immigration officials automatically deported Adrian Moncrieffe, a Jamaican citizen who has lived in the United States since he was three years old, after he was convicted under Georgia law for possession and intent to distribute 1.3 grams of marijuana.
 
“Justice Sonia Sotomayor wrote on behalf of the majority that a conviction for marijuana possession does not rise to the level of an aggravated felony if it is a small amount and the defendant was not being paid for it,” reported Reuters.
 

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