by Marc Neff
Pennsylvania Doctors Now Able to Register to Provide Medical Marijuana Prescriptions
If you are looking at prison time or a criminal penalty, it is extremely important to hire a criminal defense lawyer. The legal system is designed and biased so that representing yourself in a criminal trial and expecting a good result is almost impossible.
by Marc Neff
Colorado Court Says Alert from Drug Sniffing Dog is No Longer Enough to Search Car
In 2012, the State of Colorado made it legal, both criminally and civilly, for any person 21 years of age or older to possess up to one ounce of marijuana for personal use. A recent decision by the Colorado Court of Appeals provides further protection for marijuana users in Colorado. In The People of the State of Colorado v. McKnight, the court addressed the issue of whether or not the...
by Marc Neff
Medical Marijuana Dispensary Permits Awarded
The Pennsylvania Department of Health has announced the names of the twenty-seven medical marijuana dispensaries that were granted permits. The dispensaries will receive their product from one of the twelve businesses that were awarded medical marijuana growing permits in Pennsylvania. The dispensaries will then supply the qualified medical marijuana patients. In order to qualify for medical...
by Marc Neff
Recreational Marijuana Use in Nevada Hit a Minor Rough Patch
Nevada, whose voters approved legislation legalizing the sale of recreational marijuana starting July 1, 2017, are facing some issues as a result of a group of wholesale liquor distributors filing a lawsuit claiming they have the exclusive right to the distribution of recreational marijuana. The ballot measure for recreational marijuana provided that for the first 18 months only liquor...
by Marc Neff
SORNA Registration Held to be Unconstituional when Applied Retroactively
The Supreme Court of Pennsylvania held that the retroactive application of Pennsylvania’s Sex Offender Registration and Notification Act (SORNA) violates the ex post facto clauses of both the United State Constitution and the Pennsylvania Constitution. People who were convicted of a sexual offense before SORNA became effective in December 2012 are subject to the Megan’s Law registration...
by Marc Neff
The Medical Marijuana Act in PA and Employment
The Medical Marijuana Act in Pennsylvania prohibits patients under the influence of medical marijuana from performing employment duties at heights or in confined spaces. 35 P.S. § 10231.510(2). Also, in regards to employment of patients, employers have discretionary authority in certain instances. An employer may prohibit a patient who is under the influence of marijuana from performing any...
by Marc Neff
The Need to Know for Potential Medical Marijuana Patients in Pennsylvania
Pennsylvania’s Medical Marijuana Act provides the guidelines to obtaining medical marijuana. Under the Act, medical marijuana can only be dispensed to a patient who “receives a certification from a practitioner and is in possession of a valid identification card issued by the department,” and also to caregivers who have a valid identification card. 35 P.S. § 10231.303. The caregiver is someone...
by Marc Neff
Medical Marijuana Growing Licenses Granted
Pennsylvania’s Department of Health has issued 12 licenses for medical marijuana growers. The winners of the bids included many wealthy and powerful business firms. The medical marijuana industry is not for people with small bank accounts. There is a non-refundable application fee of $10,000 in addition to a permit fee for growers of $200,000. This permit fee is refundable if you are not...
by Marc Neff
The SCOTUS recently addressed several issues that will impact blood alcohol testing in Pennsylvania Birchfield v. North Dakota, 579 U.S. ___ (2016)
This decision consolidates three appeals dealing with petitioners’ refusal to take a blood alcohol concentration (BAC) test, either via breathalyzer or drawn blood. Case 1: A North Dakota state trooper arrested Birchfield for driving while impaired. He told Birchfield that refusing to take a blood test would expose him to criminal penalties. Birchfield refused and was convicted. On appeal to...
by Marc Neff