Category: LITIGATION

South Carolina marijuana laws

South Carolina: Lawmakers Sign Off On Hemp Cultivation Measure

South Carolina lawmakers have approved legislation, Senate Bill 839, reclassifying varieties of cannabis possessing minute quantities of THC as an industrial crop rather than a controlled substance. In February, members of Congress approved language (Section 7606) in the omnibus federal Farm Bill (aka the United States Agricultural Act of 2014) authorizing states to sponsor hemp research absent federal reclassification of the plant. Since that time, lawmakers in five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation allowing for state-sponsored hemp cultivation.

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Arizona Marijuana Laws

Arizona: Supreme Court Rejects DUI Per Se Standard For THC Metabolites

The Arizona Supreme Court this week rejected a 1990 state law that classified the presence of inert THC metabolites in blood or urine as a per se traffic safety violation. The Court concluded: “Because the legislature intended to prevent impaired driving, we hold that the ‘metabolite’ reference in § 28-1381(A)(3) is limited to any of a proscribed substance’s metabolites that are capable of causing impairment. Accordingly, … drivers cannot be convicted of the (A)(3) offense based merely on the presence of a non-impairing metabolite that may reflect the prior usage of marijuana.”

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Florida marijuana laws

Florida: Medical Cannabis Measure Qualifies For 2014 Ballot

The Florida Division of Elections today confirmed that proponents of a 2014 statewide measure to allow for the physician-supervised use of cannabis have gathered sufficient signatures to qualify for the November ballot. Proponents of the measure still await a ruling from the Florida Supreme Court as to whether the measure will appear before voters. The state Supreme Court must decide on the issue by April 1.

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judge's gavel and marijuana leaves

25 Years Ago: DEA’s Own Administrative Law Judge Ruled Cannabis Should Be Reclassified Under Federal Law

Friday, September 6, 2013 marks the 25-year anniversary of an administrative ruling which determined that cannabis possesses accepted medical utility and ought to be reclassified accordingly under federal law. The ruling, issued in 1988 by US Drug Enforcement Administration (DEA) Chief Administrative Law Judge Francis Young “In the Matter of Marijuana Rescheduling,” determined: “Marijuana, in its natural form, is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within a supervised routine of medical care.”

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