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By judgemaryc3242561, Oct 15 2016 02:00PM

New Marijuana Laws 2016 and Beyond Part 4



In Florida Amendment 2 medical marijuana initiative “would allow doctors to prescribe marijuana to those affected by cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, Crohn’s Disease, Parkinson’s Disease, ALS, multiple sclerosis orother debilitating medical conditions of the same kind or class as or comparable to those enumerated.” A recent survey from has seventy percent support for the initiative. In Maine Question 1 will legalize, regulate, and tax cannabis. Fifty-three percent of voterssupport the measure while 38 percent oppose it. In Massachusetts Question 4 recreational marijuana will allow residents to possibly possess less than 10 ounces in their homes and up to one ounce in public. Voters back Question 4 by a margin of 53 percent to 40 percent. according to polling data released in September, 2016.



By judgemaryc3242561, Oct 14 2016 02:00PM

New Marijuana Laws 2016 and Beyond Part 3


Voting "yes" on California Proposition 64 will legalize recreational marijuana while enacting a 15 percent sales tax and a $9.25 per ounce cultivation tax. “The law will also prevent licenses that would allow corporate money to create a monopoly on the industry” The Proposition will have a unique provision that would allow for resentencing and destruction of records for prior marijuana convictions. Polling data compiled by two polling entities show the measure leading among voters by some 30 percent. Like California, Nevada is vying for recreational marijuana with Question 2. It will tax from cannabis sales and reallocated the revenue to K-12 education. According to polling data, the Nevada Marijuana Legalization Initiative leads by a margin of 57 percent to 33 percent.


By judgemaryc3242561, Oct 13 2016 02:00PM

The Arizona Marijuana Legalization Initiative, known as Proposition 205 would allow medical marijuana dispensaries already in place the first opportunity to sell recreational cannabis. Adults over the age of 21 will be allowed to grow 6 plants while a 15 percent tax is levied on the plant. An August 2016 poll found 50 percent of registered voters favor legalization, 40 percent oppose the measure and 10 percent are undecided. In Arkansas Issue 7 also known as the Arkansas Medical Cannabis Act will allow patients with an extensive list of qualifying conditions to consume marijuana with a doctor’s approval. The Arkansas citizens are about evenly split on whether they will support the measure.

By judgemaryc3242561, Oct 13 2016 02:19AM

New Marijuana Laws 2016 and Beyond PART 1

As more and more states legalize medical and recreational marijuana, the probability of more drivers driving under the influence of marijuana also increases. States may then need to address their drugged driving laws. There are several states that attempted or succeeded on placing recreational or medical marijuana laws on the ballot for 2016. Missouri for medical marijuana and Michigan for recreational marijuana had the required number of petitions, however, there were technical problems that failed to qualify them for the ballot.In Missouri, ajudge upheld a ruling that determined that the disqualification by election officials who disqualified thousands of petition signatures because voters had mistakenly signed forms indicating that they resided in the wrong county. Missouri polling indicated that over 60 percent of voters backed the proposal In Michigan state rules invalidated the signatures that were older than 180 days thus disqualifying it for the ballot. and the Michigan proponents vow to bring it forward again 2018. Oklahoma’s medical marijuana measurehad the required signatures and qualified but was stymied by their state attorney general.

By judgemaryc3242561, Sep 16 2016 09:02PM

No less than four companies located in the California and Colorado in the U.S and Canada and the UK have developed either marijuana only or a myriad of drug roadside testing breathalyzers. These devices are at varying stages of development and use. Some are fully developed and are involved in pilot projects while others are at the drawing board to further refine the size to others that are waiting to be purchased by a big drug testing company. And that’s just the breathalyzers. Add to the mix oral fluid or saliva tests and fingerprint thermos testing, and the race begins.

So far oral fluid testing pilots have been around the longest with roadside labs being conducted in Florida and California over the last few years. In fact recently an oral fluid testing devise was admitted into evidence not just to establish probable cause but to convict. One breathalyzer is involved in a pilot project in California. The fingerprint devise is still in the works and we may get a peak next year. Some of this technology is already in use at the roadside in Australia but not without some challenges.

Whatever the outcomes, there will be a time when these devices will have to stand up and deliver scientific reliability for the admission into a court of law. Unless of course the use of these devices will only be to assist law enforcement in establishing probable cause for a drugged driving arrests. Let us not forget about the workplace. Testing for drugs without the invasion required for blood and urine is certainly an interesting alternative. My guess is that the deeper pockets will win.

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Judge Mary Celeste