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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]…

Some people will do whatever a police officer asks them to do. Many of us are trained to obey authority and will cooperate by any means possible. How dare we be labeled as disobedient. Others, are a little more skeptical as distrust of authority and law enforcement can run deep. Some neither want to be…

Recently, the Minnesota legislature[1] proposed reforms that could affect a large number of individuals facing prosecution for crimes with outdated sentences in state court.[2] Minnesota sentencing reform proposals like these are a positive sign that indiscriminately incarcerating individuals is being seen less and less as a viable option. The Minnesota Sentencing Guidelines Commission[3] voted in favor…

Recently, the National Transportation Safety Board (NTSB) renewed its push to lower the blood alcohol concentration (BAC) limit in drunk driving cases to .05. Currently, the legal limit is .08 in all fifty states, but many countries across the globe use .05. Critics believe the push to .05 is backed by ignition interlock industry, which…

In the United States, more than 2.2 million people are currently serving prison sentences. That is a staggering number of individuals who not only are unable to contribute to society, but for whom society must provide. It is widely accepted that some individuals deserve punishment and that others must be separated from the general population. But,…

Harry: Lloyd, I can’t feel my fingers, they’re – they’re numb! Lloyd: Oh, well, here. Take this extra pair of gloves, my hands are starting to get a little sweaty. Harry: Extra gloves? You’ve had extra gloves this whole time? Lloyd: Uh, yeah, we’re in the Rockies! Harry: I’m gonna kill you![1] Did Harry actually…

Warrant Not Required to Analyze a Legally Obtained Blood Sample Yesterday, the Minnesota Court of Appeals drew a line in the sand for determining when law enforcement needs to obtain a warrant in impaired-driving investigations. In State v. Fawcett, the court held “if the state lawfully obtains a blood sample for the purpose of chemical…

Short answer, which will lead to a somewhat brief explanation: maybe. The current state of Minnesota’s DWI Refusal law certainly makes the title of this blog an interesting question. Refusing a blood or urine test is a great idea, if the Minnesota Supreme Court upholds Trahan and Thompson. Refusing a breath test may be an equally…

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