19 Jun

A federal controlled substance analogue conviction requires knowing its features or that it is a controlled substance

Yesterday, the United States Supreme Court unanimously reversed a federal controlled substance analogue conviction, because the trial judge watered down the necessary jury instruction for obtaining such a conviction, in this instance involving so-called ‘bath salts’. Far from a liberal for criminal defendants nor foranyone else,...

25 Feb

Pot legalization takes effect tomorrow in Washington, D.C.

Pot legalization takes effect tomorrow in Washington, D.C., when the District's marijuana referendum becomes effective law. Thanks to Mayor Muriel Bowser and all city councilmembers who did not bow to threats from a few U.S. House Republicans warning about Mayor Bowser's risks of federal prosecution in...

24 Dec

Federal spending bill bars Justice Department’s trying to prevent states from implementing medical marijuana laws

The recently-passed federal spending bill bars the United States Justice Department from trying to prevent states from implementing medical marijuana laws. However, this does not automatically mean that the Justice Department will not continue to raid and prosecute non-governmental entities that grow and sell marijuana ostensibly for...

23 Dec

Dabs/wax is marijuana under California’s Compassionate Use Act

Last week, a California appellate court overturned a trial judge's determination that cannabis concentrate -- also known as dabs and wax -- is not marijuana under California's Compassionate Use Act ("CUA"). The appellate court concluded: Because “concentrated cannabis” is “marijuana” for purposes of the CUA, the trial court...

05 Nov

D.C. voters pass the marijuana legalization referendum!

The countless hours and decades of sweat by drug law reform supporters has been paying off in a whirlwind during the recent years in particular, with Washington state and Colorado's marijuana legalization laws, yesterday's marijuana legalization referendum wins in Washington, D.C. and Oregon (see here and here, too), and...

07 Sep

The risk of federal financial aid loss from a drug conviction

My 2007 blogposting on the above-referenced topic merits updating, as follows: The financial aid analysis must include a review of the federal financial aid statute, at 20 U.S.C. § 1091(r), which says in relevant part: A student who is convicted of any offense under any Federal or State law involving the...