|
CRIMINAL DEFENSE/ DWI DEFENSE LAWYER IN MARYLAND, VIRGINIA & WASHINGTON, D.C. JON KATZ FIGHTS RELENTLESSLY FOR YOUR RIGHTS, EVERY STEP OF THE WAY. CONTACT JON KATZ. Criminal defense is war and battle. Our above-displayed law firm symbol incorporates the essential battle power exemplified by the symbol for the taijiquan martial art that Jon practices, and the scales of justice. 301-495-7755, Silver Spring, Montgomery County, Maryland 20910 / Virginia meeting location: 703-917-6626, Tysons Corner, Fairfax County, Virginia 22102.
Monday, May 14. 2012
By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting relentlessly for the best possible results for his clients. http://katzjustice.com When I was still a law student in Washington, D.C., on the university campus I saw a police car with an arrestee stomach-down on the hood of the police car. I hoped that the hood was not uncomfortably hot. I regretted the suspect being subjected to such a public display. Right before the cop started searching the arrestee "incident to arrest", un-Mirandized, the cop asked if he had any needles or anything else that might stick the officer. The cop said he did not want to learn the hard way of any needles. The suspect said no. I never found out if the officer found any contraband on him. The whole process was moving so slowly that I moved on to my original destination, as much as I wanted to watch more, this having been the first time seeing an arrestee on a police car hood. Gene Watson, Jr. was arrested in Washington, D.C., for the jailable offense of speeding over thirty miles over the speed limit. The officer started searching him incident to arrest and asked Watson, un-Mirandized, what was in his sock. Watson answered that it was "some weed." Watson v. U.S., __ A.2d _ (May 10, 2012).
Continue reading "Unmirandized defendant convicted for telling cop "some weed" is in his sock. "
Monday, April 2. 2012
By Jon Katz, a criminal defense lawyer, drug defense lawyer, marijuana defense lawyer, and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com Medical marijuana may be lawful under several states' laws. However, federal law is undisturbed by such state laws, and federal prosecutors are displaying a retrenchment -- as we come closer to the 2012 presidential election -- from Attorney General Holder's early 2009 assurances that curtailing federal raids on medical marijuana dispensaries "is now American policy." A case in point is a recent prosecution and guilty plea (awaiting sentencing) for a landlord who apparently rented space to a medical marijuana operation. Did this landlord do anything less innocent than knowingly renting to people growing marijuana? His guilty plea for landlording to them, at least, does not reveal anything more than such landlording. Here is an article on this marijuana landlording case, as well as the case docket and superseding indictment. The case is U.S. v. Janetski, U.S. Dist. Ct. (D. Mt.) Crim. No. 9:11-cr-00037-DWM. Thanks to a fellow listserv member for alerting me to this Janetski case.
Monday, March 26. 2012
Monday, March 19. 2012
By Jon Katz, a criminal defense lawyer, drug defense lawyer, marijuana defense lawyer, and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com  Copyright Jon Katz. 
Copyright Jon Katz. 
Copyright Jon Katz. A long weekend in Los Angeles for a conference unrelated to marijuana brought medical marijuana to my attention without my even looking for it, as follows: - My hotel was across the street from physicians with a sign proclaiming Total Herbal Consultation (website), or THC, as the acronym was proclaimed on the doorway. - A visit to Venice Beach at 10:30 a.m. yesterday, Sunday -- when many beachfront retailers are still waiting to open -- found a hawker welcoming people inside for a medical marijuana evaluation. The place is called Venice Beach Physicians, whose website is http://medicalkushdoctor.com .
Continue reading "I have seen the medical marijuana future, and it is in California."
Tuesday, March 13. 2012
By Jon Katz, a criminal defense lawyer, drug defense lawyer, marijuana defense lawyer, and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com  Image from public domain. Maryland's governor intends to veto any legislative measure allowing medical marijuana growers and dispensaries (and, I suppose, providing medical marijuana cards to those needing it for medicine), out of misplaced fear of federal prosecution exposure for state employees who implement such a program. I am not aware of any such prosecutions yet, and doubt such a prosecution would hold any water so long as the state is merely licensing medical marijuana growers, dispensaries, and users, rather than growing and dispensing from state-owned facilities. Marylanders: Please urge you legislators and Governor O'Malley to support legislation to allow the use of medical marijuana without prosecution.
Monday, March 12. 2012
By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense attorney Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting tirelessly for the best possible results for his clients. http://katzjustice.com I grew up afraid of LSD, afraid of bad trips, of people who secretly slip LSD to others, and of being permanently messed up by it. Therefore, I have never tried it. Then came along my introduction to Ram Dass around 1991, and my brief and indelible personal meeting with him in 2003 as he received audience members after a talk in Washington, D.C., which led me to learn more about the fierce grace of his stroke, that reminded him in such a painful way that we are not defined by our bodies, and should not be attached to them. Trained academically as a psychologist, Ram Dass -- a fellow graduate of Tufts University -- has spoken of LSD as a glimpse into what is available on the spiritual path of non-attachment. Also came studies suggesting that LSD might be beneficial medicine for certain serious ailments. I started reconsidering whether LSD has good benefits, which apparently it has, even though I still have no impetus to try it myself.
Continue reading "LSD as effective medicine. Pat Robertson as a cheerleader for marijuana law reform."
Thursday, March 8. 2012
By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense attorney Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting tirelessly for the best possible results for his clients. http://katzjustice.com The man whose 1995 research paper led others to produce the synthetic cannabinoids/ imitation marijuana known as K2 or spice said that people who smoke K2 are "idiots." I certainly would not use K2, nor do I use marijuana, tobacco or alcohol. I understand the motivation for people to sell and use K2, but do not agree with using it. For those who believe it is legal, they may prefer it over the illegality of marijuana. If K2 cannot be detected by current urine drug tests currently used by employers and the criminal justice system, that might be another motivating factor for using it.
Continue reading "K2/Spice defense - The freedom of choice. "
Monday, March 5. 2012
By Jon Katz, a criminal defense lawyer, drug defense lawyer, marijuana defense lawyer, and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com  Image from public domain. Marijuana use is widespread and here to stay, as underlined in a recent Washingtonian Magazine feature article entitled "High Society: Washington’s Love Affair With Marijuana." One great quote in the article is from Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws: “This is a town where I could probably kill 200 major careers if I wanted to be a complete prick... There is more smoke in DC closets than there is sex.” The article opens with the author's joining a marijuana baked goods seller making deliveries to those with medicinal marijuana needs, professionals and others. I can count on one hand the number of times I have smoked marijuana, never really knowing whether I was getting any effect from it -- and never taking more than three or four puffs -- possibly because I did not learn how to inhale (despite Bill Clinton's claim on his own use), perhaps because all but one time was accompanied by beer, or perhaps for other reasons. Add to that my concerns about marijuana's illegality, the purity of the substances going into my body during the age when marijuana mainly was imported, and proverbial and actual blood on imported marijuana, I did not smoke it more. This was at no small personal sacrifice during times in the late 1970's through college graduation, when invitations to social gatherings often depended on whether the invitee was going to join in smoking marijuana. In fact, a close high school friendship disintegrated with my friend's discomfort that I did not join his marijuana smoking, drank moderately, and insisted on being a designated driver when he wanted to drink.
Continue reading "Marijuana use is widespread and here to stay. "
Tuesday, February 7. 2012
By Jon Katz, a criminal defense lawyer, drug defense lawyer, marijuana defense lawyer, and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com  Image from public domain. The initial elation over Congress's finally stepping aside after many years of doing the opposite, on D.C.'s medical marijuana initiative and legislation, has been succeeded by delays; limiting medical marijuana only to HIV/AIDS, glaucoma, cancer, and "conditions characterized by severe and persistent muscle spasms, such as multiple sclerosis"; and, now, an uproar by many ward residents against growing the medical marijuana in D.C.'s Ward 5, which apparently is the region designated for the highest number of limited growing locations. My experience defending adult entertainment and liquor selling in Washington, D.C. highlights the need for purveyors of such controversial items as medical marijuana (which has never been grown and sold legally in Washington, D.C.), adult entertainment, and liquor need to fully know the peculiar lay of the District's social, political, legal and historical land, and to hire effective people -- I said effective people, not merely people who have dealt with the system ineffectively nor mere hired hacks -- who have handled the necessary landscape and have lived in D.C., if they do not know the lay of the land. The District of Columbia is peculiar for such factors as forever, to date, being denied statehood (and, therefore, being denied full voting representation in Congress) while having many trappings and obligations of a state while also needing to run as a city, with a land and population size of a modest-sized city. D.C. is a majority African-American city that suffered customary segregation right through the 1950's at the very least, and that now suffers second-class status to its citizens being denied voting Congressional representation. It is a densely populated place, at least in terms of there likely being a very limited number of potential medical marijuana growing sites that meet the requirement that they be at least three hundred feet from schools and recreation centers.
Continue reading "D.C. medical marijuana dispensary applicants will do well to know the peculiar political territory."
Thursday, February 2. 2012
By Jon Katz, a criminal defense lawyer, drug defense lawyer, marijuana defense lawyer, and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com  Image from public domain. An actual conviction for marijuana possession (let alone for other drug convictions) raises immigration issues, even when the marijuana does not weigh over 30 grams.
Therefore, a non-United States citizen defendant might be in a pickle if s/he gets found guilty of possessing marijuana not over 30 grams, but if the marijuana weight not over 30 grams is not both in the documentary record even if the amount needs to be stipulated by the parties if there is no chemist's certificate. It is also beneficial for such a weight to be on the oral record, preferably with a court reporter present, Finally, a second marijuana possession conviction for a non-citizen is a big problem, as is any drug paraphernalia conviction.
Wednesday, February 1. 2012
By Jon Katz, a criminal defense lawyer, drug defense lawyer, marijuana defense lawyer, and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com  Image from public domain. Since mid-2011 in Maryland, medical marijuana went statutorily from being available as a sentencing defense for convictions for possessing marijuana and marijuana paraphernalia, to also being an affirmative defense against a conviction for possessing the same. Here are further details: My general analysis on Maryland's medical marijuana sentencing defense -- which law has been available since 2003 -- is here and here. The statutory language for the affirmative defense that became available in md-2011 is here and here. Here is a general overview of Maryland's affirmative defense against a conviction for possessing marijuana and marijuana paraphernalia: Key statutory elements to obtaining an acquittal for the affirmative medical marijuana defense include, but are not limited to: - The ailment involved must be debilitating; - The ailment must be severe and resistant to conventional medicine; - Marijuana must be likely to provide therapeutic or palliative relief for the ailment. This affirmative medical marijuana defense is not available if the defendant was using marijuana in a public place or was in possession of more than one ounce of marijuana. Md. Crim. Cod § 5-601. For several years, I have been presenting medical marijuana defenses running from prosecutions for simple possession to prosecutions for cultivating dozens of marijuana plants, not only for obtaining medical marijuana dispositions, but sometimes also in an effort to obtain misdemeanor rather than felony convictions for multiple plant cultivation cases. Many times when raising a medical marijuana defense, I have worked with medical marijuana expert David Bearman and marijuana cultivation expert Christopher Conrad, whom I discuss here. Using the medical marijuana defense in Maryland for an affirmative defense and sentencing defense, and using the medical marijuana defense to try to avoid a felony conviction involves many detailed considerations that exceed what is covered in this blog entry. A qualified lawyer needs to be consulted to address the full details.
Thursday, January 26. 2012
By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting tirelessly for the best possible results for his clients. http://katzjustice.com Ram Dass has said that LSD gives a glimpse to what is ahead for those on a spiritual path. I will opt not to try LSD nor other illegal drugs, but remain fascinated about hallucinogens nonetheless, partly because of Ram Dass's experience with them, without which he never would have been booted out of Harvard, and, consequently, may never have met his life-altering guru Neem Karoli Baba (who named him Ram Dass) in India after sharing LSD with Babaji's disciple Bhagavan Das, and then would never have written his essential Be Here Now. Also importantly, I sometimes have clients who indulge in hallucinogens, and I need to be able to relate with my clients. Magic/psilocybin mushrooms are another hallucinogenic source that has intrigued me in part because I have wondered how many of them are merely sprinkled with LSD rather than containing natural psilocybin. Regardless, a recent article about how psilocybin interacts with the brain says that results of the studies involved in the article "strongly imply that the subjective effects of psychedelic drugs are caused by decreased activity and connectivity in the brain's key connector hubs, enabling a state of unconstrained cognition." "Neural correlates of the psychedelic state as determined by fMRI studies with psilocybin," Proceedings of the National Academies of Sciences (Dec. 20, 2011). More on recent studies into hallucinogens is in this National Public Radio article. Here is an article from Science Daily on the above-referenced study.
Thursday, January 5. 2012

Image from public domain. In 1990, before Al Gore invented the Internet, I obtained a substantial bulk of my information about the marijuana legalization movement from High Times magazine, which I started subscribing to in protest of a federal prosecutor's subpoena of the magazine's advertiser records, apparently looking to go after the customers of indoor hydroponic growing equipment sellers. Through High Times, I heard about such colorful marijuana legalization advocates as Jack Herer, the Lone Reefer, perennial Kentucky third party or independent candidate Gatewood Galbraith, Don Fiedler, Keith Stroup, and numerous federal medical marijuana recipients. I ultimately met all on the foregoing list, except for Gatewood and several of the federal medical marijuana recipients. Thanks to the listserv member who sent the news that yesterday Gatewood left his body. I did not know much else about Gatewood other than what I have listed above, other than that he practiced criminal defense, and the theme about Kentucky being a natural place for hemp to be grown as a cash crop. Sending all good karma to Gatewood and his family.
Monday, November 7. 2011
By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting tirelessly for the best possible results for his clients. http://katzjustice.com D.C. cops have squandered scarce government resources with recent raids on alleged drug paraphernalia retailers. If you are a D.C. resident, please voice your dissent to the mayor, police chief and city councilmembers.
Thursday, October 13. 2011
By Jon Katz, a criminal defense lawyer, drug defense lawyer, marijuana defense lawyer, and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com  Image from public domain. Flashing back to 1990, I first took out a subscription to High Times magazine in protest over a Louisiana federal prosecutor's subpoenaing the magazine's advertiser records -- as reported by Index on Censorship -- in an apparent effort to clamp down on hydroponic sellers and customers, and various other suspected marijuana-related vendors. I wrote to then-attorney general Dick Thornburgh about my protest, and cc'd it to High Times; I received a reply from neither. I read each issue, and perhaps the most beneficial article was the one on then-NORML national director Don Fiedler, whom I discuss here. I met Don Fiedler at Earth Day, soon after reading a High Times interview with him. We broke bread together a few months later, and I asked him for some tips on transitioning into criminal defense from my corporate law firm job doing corporate litigation and regulatory work for financial institutions and transportation companies. We discussed the public defender option, and less than a year later, I joined the Maryland Public Defender's Office. Don sponsored me for membership in the National Association of Criminal Defense Lawyers. In short, the Louisiana federal prosecutor's subpoena to High Times ended up spurring me on to subscribe to High Times, to leave a corporate law firm to become a public defender lawyer, and to finally find a way to marry my passion for civil liberties with my daily work life, to this very day. Now it turns out this week that federal prosecutors in California are turning their attention to advertising for state-legal medical marijuana. Hopefully that step will encourage all the more people to stand up and let their voices be effectively heard for legalizing marijuana. ADDENDUM: Thanks to the listserv member who provided a link to the news about the feds' focus on advertising about marijuana. See Jacob Sullum's Reason piece on Obama's approach to drugs.
|