Articles Tagged with weed

In April of 2010, Mr. Cornell had his home raided by police where 1/16th of an ounce of marijuana had been found – not enough to roll a joint. None of the potential jurors called for the case where willing to consider convicting someone for possessing a very small amount of marijuana.[1]

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November 16th 2010, Touray Cornell from Montana, breathed a sigh of relief and smiled as Judge “Dusty” Deschamps convened his court to report that out of all the potential jurors who had been called, not one would be willing to convict Mr. Cornell. Dumbfounded by the jurors’ decision, the District Attorney quickly spoke to Mr. Cornell’s defense counsel and an immediate plea deal was made. Mr. Cornell walked out free without admitting guilt and without probation.

Mr. Cornell witnessed the power of Jury Nullification, a show of citizen’s power through the legal system have a long and storied history in America. it is the power of Jury nullification and Mr. Cornell saw a version of that power first hand.

With the passing of SB 339 in 2015, otherwise known as the “Texas Compassionate Use Act,” Texas joined more than three quarters of the states in establishing a medical marijuana program. However, many are unaware that prior to 2015, derivatives of marijuana were legal in the state. example-2-300x159

When Marijuana isn’t Marijuana


Under Texas law, marijuana is defined in the Texas Health and Public Safety Code as:

Fotolia_62904321_Subscription_Monthly_M-300x300In April 2016, the Drug Enforcement Agency (DEA) announced it was reconsidering marijuana’s current list as a Schedule 1 Drug in the Controlled Substance Act. This announcement was met with skepticism and cautious optimism. The decision of the DEA to reclassify marijuana in the Controlled Substance List would allow national marijuana reform to circumvent the large hurdle of congressional action.

The State of Federal Marijuana Law

Currently, marijuana is illegal at the federal level under the Controlled Substance Act which defines marijuana as a Schedule 1 Drug. These schedules are characterized as:

iStock_000009135835_ExtraSmallOn May 16th, 2016, the Texas GOP signaled a profound change of stance with regard to marijuana laws in Texas. Thanks to the dedicated work of many activists within the Republican Party, the State GOP adopted two resolutions with profound implications for the future of marijuana law in the Lone Star State.

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The first resolution is the most straightforward, and the least controversial step in marijuana law reform. The plank was adopted with 71% of those in favor. The resolution reads as such:

End Prohibition - Legalize Marijuana
With 2017 fast approaching and prospective state representatives competing for votes, a Texas sized problem remains unaddressed in the Texas medical marijuana program. In 2015, The Texas legislature passed Senate Bill 339 authored by Sen. Kevin Eltife (R-Tyler) and Stephanie Klick (R-Fort Worth).[1]

SB 339, otherwise known as the Texas Compassionate Use Act, was a start on the road to marijuana reform for Texas. The bill was the first formal recognition from Texas that marijuana has medical use. The bill was inspired by Dr. Sanjay Gupta’s “weed” documentary series highlighting the efficacy of high CBD marijuana strains for treating epilepsy in children. With the combined efforts of medical activists and strong pressure from the Epilepsy Foundation, the bill passed in the waning days of the 2015 session and was signed by Governor Abbott.

Overview of The Compassionate Use Act

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Live Podcast Interview with Chris Legier @ Show 1002

Guest: Gilbert Garcia, Attorney Gilbert G. Garcia Law Firm

Topics Include:

Thumbnail image for Fotolia_62904321_Subscription_Monthly_M.jpgThe Drug Enforcement Administration and U.S. Attorneys have raided Cannabis dispensaries and sent people to prison, even though they complied with State laws. According to a report released by Americans for Safe Access, the DOJ has spent nearly $80 million each year — more than $200,000 per day — cracking down on medical Cannabis. The federal government continues to classify Cannabis, a plant, as presenting the greatest danger, alongside heroin and LSD, with no currently accepted medical use.

We are a union of sovereign states which delegated only certain, limited sovereignty to a central government. The U. S. Congress prohibits Cannabis through its misuse of the Commerce clause of the Constitution. The Commerce Clause, Article 1, Section 8, Clause 3 of the Constitution, declares: Congress shall have power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

Congress’ power “to regulate” commerce does not include the authority “to prohibit”. Congress does not possess the authority to ban goods merely because they cross state lines.

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iStock_000013348762_ExtraSmall.jpgA strong majority of Texans support marijuana legalization according to public policy polling, which revealed Texan support at 58%. With some grass roots indications that Texas is ready to legalize marijuana, many question how legalization could affect the overall public heath of Texas residents. With alcohol abuse and its devastating consequences remaining a major issue in Texas, some people worry marijuana could add to the problem. Researchers have long been trying to figure out whether marijuana legalization would lead to more alcohol consumption (if the drugs are complementary) or if legalization would actually reduce alcohol use (if marijuana is a substitute for alcohol). Finally, there seems to be an answer. It is thought that marijuana use usually replaces alcohol use, and since marijuana is far safer than alcohol, marijuana legalization would lead to a net gain in public health benefits due to less alcohol consumption.

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iStock_000020746027_ExtraSmall.jpgIn December of 2013, a 54-year-old Texas woman was traveling back from spending the Christmas holiday with a family friend in Ciudad Juarez, Mexico when she was stopped by federal agents at the Cordova Bridge border crossing in El Paso, Texas. As the unnamed woman was passing through the checkpoint, a police drug dog allegedly alerted on her, prompting U.S. Customs and Border Protection agents to select her for additional screening. The woman was quickly stripped searched and forced to undergo several body cavity searches at the crossing checkpoint, but the agents failed to turn up absolutely any evidence of drugs.

Regardless of this fact, the agents were determined to find some evidence of drugs and proceeded to transport the woman, handcuffed and against her will, to the University Medical Center of El Paso. At the hospital, doctors subjected the woman to an observed bowel movement, an expensive total body CT scan and numerous body cavity probes in a desperate attempt to find some trace of drugs. However, after enduring over six hours of demeaning and highly invasive searches, the agents were forced to admit the woman had committed no crime and released her with no charges. However, to add insult to injury, the woman soon received a $5,000 bill from the hospital for the exams she was wrongly forced to undergo.

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iStock_000009135835_ExtraSmall.jpgSurpassing all other countries in the world on modernization of marijuana laws, legislators in Uruguay passed a bill in December of 2013 to legalize and regulate marijuana nation-wide. Uruguay’s president voiced strong support for the bill, noting a legalized market would reduce illicit drug trade, and signed the bill into law. Uruguayans over the age of 18 may legally grow six marijuana plants, form smoking clubs of 15-45 members with a production limit of 99 plants a year, and buy up to 40 grams or 1.4 ounces each month from government-regulated retail shops. See Uruguay’s New Marijuana Laws here.

Other Latin American countries are not far behind in the movement to reform drug laws away from ineffective criminalization and toward sensible regulations. In Ecuador, lawmakers have debated a bill that would lessen the penalties associated with marijuana. The head of Argentina’s counter-narcotics agency, Juan Carlos Molina, supports debating whether Argentina should follow its neighbor Uruguay’s example.

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