Shemaria Law Offices

drug crimes Archives

Can a possession charge turn into a distribution charge?

California drug laws have changed quite a lot in the past five years, with the advent of legal recreational marijuana and Proposition 47's lowering of many drug possession penalties. Still, it would be a mistake to think that prosecutors do not take drug possession charges seriously.

Sentencing reform movement not fast enough for the accused

Criminal justice reform has been a hot topic in politics for years, and is becoming a big theme among the candidates vying for the Democratic Party nomination in the 2020 presidential election. Many of them have, among other proposals, called for an end to mandatory minimum sentencing for drug offenses.

9th Circuit Says Feds May Not Prosecute State-Legal Medical Marijuana Suppliers - The Appeals Court Rules that Congress has Forbidden such Interference

Yesterday a federal appeals court ruled that a spending rider approved by Congress in 2014 and 2015 prohibits the Justice Department from prosecuting marijuana suppliers who "fully comply" with state laws allowing medical use of the plant. The DOJ had argued that the rider, which says the department may not use appropriated money to "prevent" states from "implementing" their medical marijuana laws, applies only to litigation against the states themselves, not to prosecution of individuals who provide cannabis to patients. A three-judge panel of the U.S. Court of Appeals for the 9th Circuit unanimously rejected that interpretation, saying federal marijuana defendants are entitled to evidentiary hearings at which they can try to show their actions were authorized by state law.

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Shemaria Law Offices

9171 Wilshire Blvd
Suite 500
Beverly Hills, CA 90210

Toll Free: 800-898-9555
Phone: 424-285-5988
Fax: 310-988-2627
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