SCOTUS

SCOTUS turns down appeal of rescheduling case

Posted on October 8th, 2013 by Global Ganja Report and tagged , , , , , .

SCOTUSThe US Supreme Court on Oct. 7 rejected a challenge to the federal government's classification of cannabis as a Schedule I drug with no legitimate medical use. Challenger Americans for Safe Access contended that more than 200 studies have established that cannabis is safe and effective in relieving pain and nausea, and in relieving the effects of chemotherapy, among other medical uses. But federal courts have let stand the Drug Enforcement Administration's stance that the studies are insufficient.

SCOTUS upholds warrantless DNA collection

Posted on June 3rd, 2013 by Global Ganja Report and tagged , , , , .

Shadow WatchThe US Supreme Court ruled 5-4 June 3 in Maryland v. King that police may collect DNA samples from individuals arrested and charged with serious crimes. The respondent in the case, Alonzo King, challenged the validity of Maryland's DNA Collection Act after state officials used a DNA sample taken after a 2009 arrest on assault charges to implicate him in a 2003 rape. In an opinion by Justice Anthony Kennedy, the majority found that the warrantless DNA collection does not violate Fourth Amendment rights. Kennedy wrote:

SCOTUS rules for immigrant in cannabis case

Posted on April 26th, 2013 by Global Ganja Report and tagged , , , , .

"The social sharing of a small amount of marijuana" by immigrants lawfully in the US does not require their automatic deportation, the Supreme Court ruled April 23. "Sharing a small amount of marijuana for no remuneration, let alone possession with intent to do so, does not fit easily into the everyday understanding of trafficking, which ordinarily means some sort of commercial dealing," Justice Sonia Sotomayor wrote for a seven-justice majority. 

SCOTUS upholds Fourth Amendment in drug-sniff case

Posted on March 27th, 2013 by Global Ganja Report and tagged , , , , , .

The US Supreme Court ruled March 26 in Florida v. Jardines that an alert from a drug-sniffing dog on a suspect's front porch constitutes a search within the meaning of the Fourth Amendment. The ruling upheld the Florida Supreme Court, which held that evidence gathered pursuant to search warrant obtained based on the positive alert from the dog must be suppressed because the dog's presence itself constituted a warrantless search. The case stemmed from a 2006 incident in which Miami police and DEA agents, acting on a tip, place the home of Joelis Jardines under warrantless surveillance. Following the canine alert, a warrant was obtained, which uncovered Jardines' indoor grow operaiton.

Supreme Court upholds jailhouse strip searches

Posted on April 3rd, 2012 by Global Ganja Report and tagged , , , .

The US Supreme Court ruled 5-4 April 2 in Florence v. Board of Chosen Freeholders of County of Burlington that a suspect's Fourth Amendment rights were not violated when he was strip-searched upon entering jail. Albert Florence was arrested in New Jersey after being pulled over, when it was found that there was an outstanding warrant against him for failure to pay a fine—a non-criminal offense in the state. He produced a letter stating that he had paid the fine, but the officer made the arrest anyway. Florence was taken to a local jail where he was forced to strip naked for inspection. He was transferred to another facility a week later, and was again subjected to a strip search.

Cannabis and Obamacare: will high court case reveal double standard?

Posted on March 28th, 2012 by Bill Weinberg and tagged , , , , .

An odd irony has emerged around the pending Supreme Court decision on Obamacare. As Daily Beast notes, liberal advocates of Obama's "individual mandate" are pointing to the 2005 high court decision Gonzales v. Raich, in which the justices upheld Congress' ability to ban the growth of cannabis even in states that have legalized medical marijuana—rejecting the claims of California activist Angel Raich and two co-plaintiffs, who had sued to block enforcement of federal marijuana laws against them. Advocates note that Justice Antonin Scalia deviated from his "states' rights" principles in siding with the majority. He wrote:

Some self-defense for medical providers after high court turns down handgun case

Posted on February 22nd, 2012 by Global Ganja Report and tagged , , , , , , , .

Two men wearing clown masks and wielding handguns burst into the Creme de Canna medical marijuana dispensary in Santa Cruz Feb. 2, forcing employees to turn over the contents of the safe before fleeing. The hit mirrors one on Dec. 15, when two men wearing carnival masks held up the city's Herbal Cruz dispensary. (San Jose Mercury News, Feb. 2) The heists come amid growing concerns about gunplay in the West Coast cannabis industry, exacerbated by the frequent refusal of local authorities to issue concealed handgun permits to medical marijuana users. Such policies by mostly rural counties on the West Coast and elsewhere were dealt a blow by the US Supreme Court's recent refusal to hear an appeal of a lower court decision upholding the rights of permit-holders who use cannabis legally under state law.

Crack cocaine sentencing reform takes effect

Posted on November 2nd, 2011 by Global Ganja Report and tagged , , , , .

cocaineThis week, more than 12,000 people—85% of them Black—now serving time for crack cocaine offenses will have their sentences reviewed by a federal judge under terms of the Fair Sentencing Act, passed in August of last year. The reform bill reduced the 100-to-1 disparity between minimum sentences for crack and powder cocaine to 18-to-1. On Nov. 1, those already serving time became eligible for a hearing to consider reducing their sentences under the new changes.

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