Lawsuits Defining Marijuana Policy In California And ‘Legal’ States

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Posted: December 21, 2015

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While the Golden State is not among the “legal” states like Colorado and Washington, it continues to stumble toward a more permissive marijuana policy via civil litigation. An example is the recent Fresno-based case where a state appeals court ruled that growing medical marijuana is not a crime, but more of a civil infraction if it violates zoning laws. The Oakland-based East Bay Express reported that the case is precedent-setting for the rest of the state.
 
The report explains that “…. Fresno enacted one the state’s worst bans in 2014, prohibiting nearly all medical cannabis activity as nuisances or misdemeanors.” The resulting lawsuit, the report notes, “… went to the Fifth District Court of Appeal, which ruled that Fresno’s bans are valid under zoning powers, but medical pot growing isn’t a crime. It’s more like having a barking dog or playing loud music late at night”
 
The report also notes that public lands managers predict some 40,000 marijuana farms will be created in California and also checks in with marijuana policy in the “legal” states.
 

National Radio Program Offers View Of Former Immigration Judge

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Posted: December 17, 2015

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Marketplace, the national radio program produced by American Public Media in association with the University of Southern California, is distributing a report about the backlog in America’s immigration courts. It introduces the report by noting that “… hundreds of thousands of immigration-related cases are in the courts now, meaning it can take years to be granted asylum, or get deported. Currently, there are nearly 500,000 cases pending in court. And on average, according to research done at Syracuse University, those pending cases have been open for more than 600 days… for some judges, the backlog has more than doubled their yearly caseload.”
 
The on-air report actually omits some of those facts and leaves the impression that the “courts” are the normal kind, not the civil hearings held by a division of the Justice Department. Actually, the audio amounts to a powerful statement by an immigration judge (again, note that immigration judges are hired by, and work for, the Justice Department although some are arguing for independence) who retired early after 20 years. She says she didn’t want to be part of the system and now works to represent the kinds of cases she used to decide. For a “ground-level view,” listen to the story here:
 

Court-Referred MJ Treatment: Court and Treatment Backlog

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Posted: December 15, 2015

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As reported in the Washington Post on 12/14/15, "In 2013, more than half of marijuana users in treatment were sent there by the courts or the criminal justice system. That's more than the share of court-ordered referrals for any other drug, including far more deadly ones like alcohol and heroin."

As reported in the Washington Post on 12/14/15, “In 2013, more than half of marijuana users in treatment were sent there by the courts or the criminal justice system. That’s more than the share of court-ordered referrals for any other drug, including far more deadly ones like alcohol and heroin.”

Project SAM (Smart Approaches to Marijuana) has long cited increases in people seeking treatment for marijuana as a core reason to keep prohibition.

However, the WaPost reports this week that DHHS has come out with some context for those sharp increases.  ” In 2013, more than half of marijuana users in treatment were sent there by the courts or the criminal justice system. That’s more than the share of court-ordered referrals for any other drug, including far more deadly ones like alcohol and heroin.”

This confirms a 2007 report from Jonathan Gettman, PhD report that showed, “56.7% of [2005] treatment referrals for marijuana were generated by the criminal justice system.”

The Post continues that, “Overall, fewer than 1 in 5 marijuana treatment seekers checked themselves in voluntarily. That too is a lower share than for any other drug.”

We often note how otherwise minor court cases can create a backlog for more important cases involving housing and child custody. A similar question could be posed here in these cannabis cases, but as the Post notes, it can also be translated to key treatment questions.

“The HHS data shows that marijuana users accounted for more than a quarter of all drug treatment admissions in 2013, which means that court-ordered marijuana treatment is taking up more than 1 out of every 10 beds in the nation’s drug treatment facilities — at a time when prescription painkillers and heroin are killing record numbers of Americans. “

Read more at the Post Wonk Blog.

Court Access Raised As Issue In Florida’s Daubert-Frye Row

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Updated: December 14, 2015

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According to a 12/14/15 Jacksonville Daily Record article, "It will be up to the Florida Supreme Court next spring to determine which evidentiary path to follow. Jacksonville attorney Wayne Hogan believes in the current path, the Frye standard. The decision, he said, could influence how juries end up hearing cases and deciding verdicts."

According to a 12/14/15 Jacksonville Daily Record article, “It will be up to the Florida Supreme Court next spring to determine which evidentiary path to follow.
Jacksonville attorney Wayne Hogan believes in the current path, the Frye standard. The decision, he said, could influence how juries end up hearing cases and deciding verdicts.”

The Daily Record in Jacksonville, Florida is quoting local attorney Wayne Hogan in a report about how expert witnesses will be qualified for Sunshine State cases, and he’s raising the issue of access to justice: “At a time when the Bar is focused on the importance of access to justice,” said Hogan, “the proposal for change runs just in the opposite direction.”

The report offers some background: “The so-called Daubert standard has been used by the federal government since 1993. It makes the trial judge responsible for ensuring scientific testimony and evidence is relevant and reliable. Half of the U.S. state courts use it. However, The Florida Bar has pushed back. The board of governors in recent weeks resoundingly voted to keep the decades-old Frye standard in place.” The Frye standard generally lets “generally accepted information” to be presented in a courtroom, heard by juries and open to cross-examination. The change, says the paper, means that a judge would consider beforehand if the testimony should be allowed.

It’s an interesting “justice rationing” argument to a debate being held in Florida and several other states.

Read more here.

Private Church Camps Prepare To House ‘Border Kids’

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Updated: December 11, 2015

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The Dallas Morning News is reporting that “…. operators of two private camps in Ellis and Rockwall counties are scrambling to get ready for the arrival of at least 800 young immigrants from Central America, part of a recent surge crossing illegally into the U.S. from Mexico.”

Citing government sources, the paper says that about 300 immigrants — ages 12 to 18 — are expected to arrive at Sabine Creek Ranch next week for temporary shelter, and at least 500 children age 17 and under will stay at Lakeview Camp and Retreat Center near Waxahachie and could get there as early as Friday, officials in Ellis County said. At least one camp is run by a religious group.

Immigration detainment, especially of children, has been a controversial issue for months since an inflx of “Border Kids” began showing up on the U.S. border. Typically, they are not “caught” but turn themselves in and request asylum.  Read more here.

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