Crime Lab Testing Not Required to Find Probable Cause: MN Fifth Degree Possession Recently, the Minnesota Court of Appeals determined that the prosecution does not need to have a definitive scientific test establishing a criminal level of THC to survive a probable cause challenge in a fifth degree possession case. In most drug possession cases…
Legalities of CBD, Delta-8, and Other Hemp & Cannabis Products: 2018 Federal Farm Bill Recently, you likely noticed an inundation of new hemp products. There are hemp lotions, hemp teas, hemp fabrics, hemp straws, and hemp disposable utensils. And, even hemp seeds in food products! Scientists can more freely study the medical benefits and side…
Marijuana DWI Conviction Requires Actually Being Under the Influence of Marijuana You can get a Marijuana DWI in Minnesota. But, under Minnesota law, you must actually be under the influence of marijuana. Mere presence of marijuana in your system is not enough. Recently, the Minnesota Court of Appeals addressed this topic in State v. Berger….
More than 131 million adults are on prescription medication in the United States. That is 66%, or two-thirds, of adults walking around while some amount of prescription medication in their bodies. Back pain, arthritis, mental health, digestive issues, are only a fraction of the reasons why some people take medication. A health professional prescribes it…
“[W}hen it comes to the Fourth Amendment, the home is first among equals.”[1] Justice Sotomayor authored an important opinion in the bout between the Automobile Exception and the Curtilage Doctrine in Collins v. Virginia.[2] The Court held the automobile exception did not permit an officer to enter the curtilage of a home without a warrant…
Challenging Marijuana’s Classification as a Schedule I Controlled Substance What do George Washington, Thomas Jefferson, John Adams, James Madison, James Monroe, Abraham Lincoln, John F. Kennedy, Jimmy Carter, Bill Clinton, and Barack Obama, all have in common?[1] (Hint—it’s not the U.S. presidency.) The answer: all have grown, encouraged others to grow, or have used marijuana.[2]…
“Injustice anywhere is a threat to justice everywhere.”[1] Few presidents, if any, match the effort President Obama made towards criminal justice reform. As a priority in his administration, Obama was the first sitting president to visit a federal prison. He commuted “more federal sentences than [his] eleven predecessors combined.”[2] He “consoled the families of fallen…
Recently, the Minnesota Supreme Court affirmed the court of appeals in a drug case addressing two important issues: (1) the proper standard of review for a district court’s conclusions of law in appeals by the State; and (2) whether a dog-sniff of a car was supported by reasonable articulable suspicion. This blog is two parts….
Drugs are a major problem in our society leaving many individuals trapped in a vicious cycle that controls their lives. The desperation caused by drugs can lead individuals to make very serious decisions with very serious consequences. Often, those consequences become part of a circle leading to deeper desperation and reliance upon substances. How do…
In State v. Schmidt, a police officer was patrolling the area of a known drug house. The officer noticed Schmidt’s vehicle parked at the house and knew Schmidt did not have a valid driver’s license. The officer waited for Schmidt to leave the house and initiated a traffic stop. The officer then peppered Schmidt with…
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