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  • by Jordan Person, Executive Director, Denver NORML May 15, 2017

    14963351_1825384024368232_2740677872685265191_nCurrently marijuana is legal to purchase, possess and consume in the state of Colorado, but the question is: Where can it be legally consumed? Well, if you happen to be in the city of Denver (or most anywhere else in Colorado) the answer is very simple: marijuana can only be legally consumed in a private residence. But what if your landlord won’t allow it or you are one of the thousands of tourists who regularly visits our great city? It appears that we’ll have to continue to wait for state lawmakers to answer that question.

    Denver Moves Forward with Social Consumption

    Last November, Denver voters passed I-300; a social use initiative that approved the commingling of marijuana and alcohol in bars and restaurants across Denver. Obviously a much different approach when compared to Denver NORML’s Responsible Use Campaign and something the State of Colorado disagreed with. In response, the State of Colorado adopted language making it clear that liquor licenses would not be allowed to permit the consumption of marijuana on their premises. According to the Denver Post, this change went into effect on January 1st of this year and vastly changed the intent of I-300.

    “We all want adult consumption everywhere, but this is reality,” said Judd Golden, Legal Counsel for Denver NORML. The news of removing language that allowed the commingling of alcohol and marijuana frustrated proponents of I-300 so a lawsuit was filed against the State of Colorado to push the issue.

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    Kevin Mahmalji, outreach director for NORML shared his thoughts on combining the two substances. “As it currently stands, we can easily make the argument that marijuana is safer than alcohol, because the two are separated. If we allow the two to be mixed, any incident fueled by alcohol could potentially be blamed on marijuana. That’s why I believe responsible adults deserve their own space to consume marijuana similar to those who enjoy craft beer or cigars.”

    In addition to the state’s decision to prevent the commingling of marijuana and alcohol, the City of Denver created the Social Consumption Advisory Committee that consisted of 22 influential decision makers – ranging from city officials to marijuana business owners – to go over the language line by line. The group met six times over several months and offered countless suggestions to improve the original language of I-300. Including a recommendation that would require patrons to sign a waiver before entering consumption areas. Essentially providing a layer of protections against unwanted exposure by non-consumers and those under 21 years of age. A recommendation that Denver NORML fully supports.

    The 12 page document lists pages and pages of suggestions to make the law work effectively for the city of Denver. Last week the draft rules were finally posted.

    Push for Social Consumption Statewide: SB-184

    In addition to our work on the local level, members of Denver NORML spent a lot of time at the state Capitol educating lawmakers on social consumption and the need for a legislative solution. The result? SB-184, which would have empowered local governments to permit private marijuana clubs and better defined what “open and public” means to marijuana consumers. Once the bill was introduced, Denver NORML organized two citizen lobby days with more than 45 participants followed by months of face to face meetings with state lawmakers in support of a statewide solution.

    Unfortunately during the final weeks of Colorado’s legislative session, many things with the bill began to change. Most notably, the bill’s sponsors tried to include language that would have criminalized marijuana consumption on the front porch of a private residence and aimed to exclude a newly established cannabis church from operating as a marijuana club. Thankfully the Senate and the House could not come to a consensus and the bill died in committee on the last day of the 2017 legislative session.

    Until state lawmakers are willing to pass legislation that will provide a set of rules and protections for business owners and marijuana consumers to responsibly consume marijuana, Colorado municipalities will continue to struggle with this issue.

    With the Denver’s Social Consumption Advisory Committee wrapping up its final meeting and Colorado’s legislative session coming to an end, there are still a lot of unanswered questions surrounding the social consumption of marijuana in Colorado.

    Denver NORML will apply the lessons learned this year and with their allies, continue to push for statewide reform in the next legislative session.

    For more updates on local reform efforts, follow Denver NORML by visiting their website and on Facebook and Twitter!

  • by Kevin Mahmalji, NORML Outreach Coordinator January 9, 2017

    fifty_dollar_fineNow that 29 states have legalized medical marijuana, eight have legalized adult-use, and several others are considering legislation to legalize either adult-use or medical marijuana during the 2017 legislative session, it’s obvious that the end of marijuana prohibition is near. But that doesn’t mean the ongoing conflict between local, state and federal laws has become any less confusing.

    Unfortunately for Ted Hicks and Ryan Mears, two marijuana farmers from Sacramento, California, this confusion lead to a military style raid and both men being charged with illegally cultivating marijuana, a misdemeanor, and conspiracy for planning “to commit sales of marijuana,” a felony.

    “I told my 2-year-old son to stay upstairs,” said Mears, 35. “When I opened the security door, there were 15 cops with assault rifles drawn, pointed, with their fingers on the trigger, in vests, ski masks. They grabbed me and pulled me out front, put me in handcuffs. There were 20 to 30 officers. My son walked downstairs and my wife had to grab him. They had guns pulled on them. It was real painful.”

    Regardless of spending several months working with local regulators to establish what they thought was the legal framework for their business, Big Red Farms, and being considered “shinning stars” for their diligence related to local licensing, Hicks and Mears found themselves at the business end of automatic weapons. A clear sign that they had become victims of the patchwork of marijuana laws adopted by local and state officials across California prior to the passage of Proposition 64.

    If found guilty, both men could face up to one year in jail, and pay thousands of dollars in fines and court costs.

    Read more »

  • by Keith Stroup, NORML Legal Counsel October 20, 2016

    chapter_spotlightThe Florida’s chapter of the National Organization for the Reform of Marijuana Laws (NORML) has filed a civil lawsuit against the Broward County Commissioner of Elections, after media and news reports revealed that mail in ballots have been sent to voters omitting the state’s medical marijuana constitutional amendment.

    The claim was just filed by NORML’s national vice chairman, Fort Lauderdale attorney Norm Kent, and his law partner, Russell Cormican, on behalf of Florida NORML and Karen Goldstein, NORML Florida’s chair, a West Park, Broward County voter.

    The plaintiff’s are seeking a judicial declaration enjoining the Defendant’s from distributing any further ballots, and implementing an emergency plan to issue new ones which insure the inclusion of the proposed constitutional amendment on the ballot.

    Norm Kent
    Counsel
    954 661 3361 cel

    Russell Cormican
    Counsel
    954 803 8724

    Karen Goldstein
    Plaintiff
    954 303 9254

  • by Paul Armentano, NORML Deputy Director October 6, 2016

    Cannabis PenaltiesMembers of the Nashville metro council and the Memphis city council have given final approval to municipal legislation providing police the discretion to cite rather than arrest minor marijuana offenders.

    Nashville city council members voted 35 to 3 in late September in favor of the new ordinance. It provides police the option of issuing $50 citations for those who possess up to a half-ounce of marijuana. By contrast, under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.

    The legislation now awaits action from the city’s mayor, who has pledged to sign the ordinance into law.

    Members of the Memphis city council decided this week in favor of a similar measure by a 7 to 6 vote. For the better part of the past year, members of Memphis NORML have spent their time lobbying members of the Memphis city council in support of the policy change. However, the director of the Memphis Police Department remains opposed to the proposal and has indicated that he may instruct his officers to not immediately comply with the new ordinance.

    Many other cities and counties in the southeastern region of the United States have recently enacted similar ordinances, including Miami-Dade county and West Palm Beach in Florida.

    A Republican state lawmaker has threatened to limit funding to the two Tennessee cities if they enact the ordinances into law.

  • by Keith Stroup, NORML Legal Counsel August 17, 2016

    Medical marijuanaA three-judge panel of the US Court of Appeals for the 9th Circuit, covering nine western states, earlier this week ruled unanimously that the Department of Justice is barred by federal law from prosecuting medical marijuana businesses if those businesses are operating in compliance with state law.

    This decision came in an appeal in which the court had consolidated ten different cases from California and Washington, in which the defendants — growers and dispensaries — had argued that their federal indictments should be dismissed because of a current ban, enacted by Congress in 2014, on the use of federal funds to prosecute state-compliant medical marijuana activities. Known as the Rohrabacher-Farr Amendment, the language of the enactment said federal funds could not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

    The Department of Justice had argued the ban only precluded their interference with the state governments, and did not ban federal prosecutions against individual defendants. The Court of Appeals rejected this argument, and remanded the cases back to the US District Courts for an evidentiary hearing to determine if the individual defendants had in fact acted in compliance with their state medical marijuana laws.

    Judge Diarmuid O’Scannlain, writing for the panel, did warn in his opinion that Congress could restore funding to prosecute these cases “tomorrow, a year from now, or four years from now, and the government could then prosecute individuals who committed offenses while the government lacked funding.”

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