A United States District Judge has dismissed a lawsuit that sought to overturn federal cannabis prohibition.
Tag Archives: Judge
U.S. Judge Weighs Challenge to Federal Marijuana Prohibition
The U.S. Department of Justice on Wednesday urged a federal judge to dismiss a lawsuit seeking to overturn the United States’ longstanding prohibition of marijuana, the latest court battle over federal policy under President Donald Trump’s administration.
Bill to Allow Judicial Discretion to Order Probation For Non-Violent Drug Offenses Introduced in CA State Senate
WASHINGTON,D.C., Feb. 8, 2018 /Weed Wire/ – The California State Legislature will consider a bill to allow judges to order probation, rather than jail or prison for persons convicted of possessing drugs, selling drugs or similar offenses, if the court believes it is in the best interests of justice, based on the facts of the case.
Judge Hears Case Challenging Florida Medical Marijuana Smoking Ban
Should Florida medical marijuana patients be allowed to smoke their medicine? That’s the question a Leon County Circuit Judge must decide.
Illinois Judge: Add Chronic Pain as Qualifying Condition for Medical Marijuana
Illinois patients suffering from chronic pain may soon have a new way to treat their medical condition. On Jan. 16, 2018, Cook County Judge Raymond Mitchell ordered the Illinois Department of Public Health to add chronic pain as a qualifying condition for the state’s medical marijuana program.
Arizona Supreme Court Reviewing Ruling in Campus MMJ Case
Can Arizona universities and colleges ban medical marijuana on their campuses? Can the state legislature ban it for them? These are the questions that the Arizona Supreme Court is set to decide.
Judge Dismisses Lawsuit Challenging Ban of Medical Cannabis in Kentucky
Residents of the Bluegrass State won’t be smoking grass anytime soon. On Sept. 20, 2017, a judge dismissed a lawsuit fighting for the legalization of medical cannabis in Kentucky.
Nevada Judge Lifts Restraining Order on Recreational Marijuana Distribution Licenses
On Aug. 17, 2017, Nevada District Judge James Todd Russell lifted a temporary restraining order against the Nevada Department of Taxation that prevented the department from issuing recreational marijuana distribution licenses to businesses other than licensed alcohol distributors.
Nevada Judge Issues Injunction to Halt Issuance of Marijuana Distribution Licenses
In the state of Nevada, the issue of recreational marijuana distribution licenses is once again back in court. On Aug. 11, 2017, Nevada District Judge James Todd Russell issued an injunction against the Department of Taxation to prevent the issuance of distribution licenses to businesses other than alcohol distributors.
Nevada Judge Denies Request to Block Emergency Marijuana Regulations
A Nevada judge has denied a request by the Independent Alcohol Distributors of Nevada to block emergency regulations allowing the state to temporarily issue recreational marijuana distribution licenses.
Nevada Court Ruling Threatens to Delay the Early Sale of Recreational Marijuana
The early sale of recreational marijuana in the state of Nevada is in danger of being delayed. On May 30, 2017, a Nevada district court judge issued a temporary restraining order that prevents the Department of Taxation from issuing marijuana distribution licenses.
Rhode Island Woman Wins Medical Marijuana Discrimination Case
On April 23, 2017, a Rhode Island Superior Court judge ruled that Darlington Fabrics Corp. broke the law when it rescinded an employment offer to Christine Callaghan, a University of Rhode Island graduate student, based solely on her status as a medical marijuana patient.
Judge: San Diego DA Must Return MedWest Family’s Personal Savings
On May 5, 2017, San Diego County Superior Court Judge Tamila E. Ipema ordered local District Attorney Bonnie Dumanis to return the $100,693.85 in personal savings seized from James Slatic, former owner of MedWest Distribution, and his family. The money was originally seized on Feb. 2, 2016, following a raid on Slatic’s medical marijuana business on Jan. 28.
Delaware Judge: Possessing Marijuana With Firearm Still a Felony
According to a recent ruling by Superior Court Judge Paul R. Wallace, although the state of Delaware decriminalized marijuana possession in 2015, the state legislature failed to remove a law that made it a felony to simultaneously possess a firearm and a controlled substance.
Cali Judge: Delete Cannabis Ban from Calaveras County Ballot
A judge with the Calaveras Superior Court has ruled that Measure B must be pulled from the special election slated for May 2, 2017.
Should Cannabis Stocks Fear Supreme Court Nominee Neil Gorsuch?
While there are a number of big issues and industries that could be impacted by the Gorsuch nomination (should he be confirmed), the marijuana industry and marijuana stocks have to be wondering how this nomination could impact them.
Montana Judge Rules Dispensaries Can Reopen Immediately
On Dec. 7, 2016, District Judge James Reynolds ruled that a drafting error in Montana’s recently passed Initiative 182 cannot delay the medical marijuana initiative’s implementation, immediately striking down a three-patient limit that previously went into effect on Aug. 31, as reported by the Associated Press.
Florida Judge Rules Against NORML in Suit Over Missing MMJ Question
A Florida judge has ruled in favor of the Broward Supervisor of Elections Office in a lawsuit over ballots excluding Amendment 2, an amendment that would legalize medical marijuana in the state.
Florida Nursery Sues Over Medical Marijuana License
A Florida nursery is attempting to persuade an administrative law judge that it deserves a license to sell medical marijuana over another applicant that received a license instead.
Michigan Marijuana Initiative Loses Court Case
MI Legalize, the organizer behind an effort to legalize recreational marijuana in the state of Michigan, has suffered another setback in court.
Anti-pot Initiative Sponsor Gives Up Montana Ballot Effort
The sponsor of a proposed initiative to repeal Montana’s medical marijuana law said Wednesday he won’t appeal a judge’s refusal to place the measure on November’s ballot, but instead will focus on defeating a separate initiative to expand medical pot distribution.
Court: Legal Cannabis State Residency Doesn’t Justify Police Search
On Aug. 23, 2016, the 10th U.S. Circuit Court of Appeals ruled that law enforcement officers cannot stop and search motorists based solely on the fact that they live in a legal cannabis state, with the decision applying to motorists in Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.
Judge Tosses Challenge to Arizona Marijuana Initiative
PHOENIX — A judge has thrown out a bid to keep voters from deciding whether to legalize the recreational use of marijuana.
Judge Orders State to Reconsider Medical Marijuana for Migraines
In a ruling that could significantly expand the use of medical marijuana in Illinois, a judge has ordered state officials to reconsider adding migraine headaches to the list of conditions that qualify a patient to buy the drug.
Medical Marijuana May Cost Ocean City Firefighter His Job
A judge has denied a claim by an Ocean City firefighter for relief after he was suspended without pay for his legal use of medical marijuana.
Iowa State NORML Chapter Wins Free Speech Case
A U.S. District Court has ruled that Iowa State University cannot use trademark policy to prevent students from using ISU logos on t-shirts that contain marijuana leaves.
Federal Court Hears Arguments in Marijuana Banking Case
A federal court will begin hearing arguments in a marijuana banking case involving Fourth Corner Credit Union and the Federal Reserve.
Judge Charles Breyer Gives Teeth to Rohrabacher-Farr Amendment
On Oct. 19, 2015, Charles R. Breyer, a judge of the U.S. District Court for the Northern District of California, narrowed the scope of an injunction against the Marin Alliance for Medical Marijuana, effectively allowing the MAMM to get back into the business of dispensing pot.
Rhode Island Judge Denies Motion to Dismiss Medical Marijuana Lawsuit
A judge has denied a petition to dismiss a lawsuit filed against a fabric company accused of violating a Rhode Island woman’s civil rights by denying her a paid internship based upon her use of medical marijuana.
Big Disappointment in Schweder
On April 15, 2015, U.S. District Judge Kimberley Mueller denied the defendants’ motion to dismiss the case against them on the basis that their equal protection rights under the 14th Amendment had been violated because there is no rational basis for treating marijuana as a Schedule I substance.
Jury Nullification: A Safety Valve for Cannabis
Nullification is getting new attention due to the continuing conflict between states and the federal government over these laws.
Lawmaker Wants to Amend Montana MMJ Laws
For years, patients in Montana have been forced to grow their own medical marijuana or travel to nearby states to get their medicine.
More Lawsuits in Illinois Over Cultivation Licenses
Chicago-based PM Rx LLC has filed a lawsuit against the state claiming that it should have been awarded the medical marijuana license in Kankakee instead of Cresco Labs LLC.
Demanding Silence: The Continuing Temptation
One of those levels of resistance that continues even after legalization is the idea that publishing, writing, or reading about the newly-legal substance is disreputable, and the temptation to demand silence.
Cannabis Industry: Enforcing Contracts
One of the many problems created by the conflict between federal and state marijuana law is uncertainty in the enforceability of certain contracts.
Court Greenlights Doctors to Discuss Marijuana
Although the marijuana industry has made considerable gains in the last several years, marijuana advertising remains more or less an untapped market.
Montana Judge Throws Out Key MMJ Provisions
Montana Judge James Reynolds has thrown out key provisions in the state’s medical marijuana laws, which is being hailed as a huge victory for the medicinal marijuana industry.
Rhode Island Woman Sues Over MMJ Discrimination
Do you have a right to smoke marijuana? What about if you have a medical condition? Is medical marijuana a right or is it just another treatment option? Although medical marijuana is legal in 23 states and the District of Columbia, few states have laws in place to protect patients.
US v. Schweder May Change Everything
A decision by U.S. District Judge Kimberly J. Mueller in the federal district court for the Eastern District of California may have earthshaking consequences for the marijuana industry.
MMJ Farmers Market Loses Court Battle
Over the Fourth of July weekend this past summer, owners of the Los Angeles dispensary West Coast Collective hosted California’s first ever medical marijuana farmers market. Thousands of medical marijuana patients flocked to California Heritage Market, where they were met by growers, budtenders and bushels of high quality cannabis at reasonable prices.
Corry Takes Cannabis Tax to Court
Although everyone has different tastes and preferences, almost no one in this world likes taxes. Even though taxes provide clean air, clear water and safe roads, no one wants to chip in when the bill comes due.