WASHINGTON - The Obama administration announced Thursday a limited pullback on federal enforcement of the prohibition on marijuana, saying it will not interfere with new state laws that permit recreational use of the drug. The Justice Department said that it will not seek to veto new state laws in Colorado and Washington that legalize the recreational use of marijuana, and that it will not bring federal prosecutions against dispensaries or businesses that sell small amounts of marijuana to adults. A department official stressed, however, that marijuana remains illegal under federal law, and that U.S. prosecutors will continue to aggressively enforce the law against those who sell marijuana to minors and to criminal gangs that are involved in drug trafficking. [continues 107 words]
Feds Shift Focus to Interstate Trade, Sales to Minors WASHINGTON - The Obama administration pulled back Thursday on federal enforcement of the laws against marijuana, telling U.S. prosecutors they should not target state-regulated dispensaries or businesses that sell medical or personal marijuana to adults in the 20 states, plus the District of Columbia, where it is legal to do so. Moreover, the Justice Department said it will not challenge in court new laws in Colorado and Washington state that legalize the personal use of small amounts of marijuana, regardless of a medical need. [continues 648 words]
'Mandatory Minimum' Sentences to End for Many, Holder to Say SAN FRANCISCO - Federal prosecutors will no longer seek long, "mandatory minimum" sentences for many low-level, nonviolent drug offenders, under a major shift in policy aimed at turning around decades of explosive growth in the federal prison population, Attorney General Eric H. Holder Jr. plans to announce today. "Too many Americans go to too many prisons for far too long, and for no good law enforcement reason," Holder plans to tell the American Bar Association meeting here, according to an advance text of his remarks. "While the aggressive enforcement of federal criminal statutes remains necessary, we cannot simply prosecute or incarcerate our way to becoming a safer nation." [continues 771 words]
Holder to Tout End of 'Mandatory Minimum' Sentences SAN FRANCISCO - Federal prosecutors will no longer seek "mandatory minimum" sentences for many low-level, nonviolent drug offenders in a major policy shift aimed at turning around decades of explosive growth in the federal prison population, Attorney General Eric Holder plans to announce Monday. "Too many Americans go to too many prisons for far too long, and for no good law enforcement reason," Holder plans to tell the American Bar Association meeting in San Francisco, according to an advance text of his remarks. "While the aggressive enforcement of federal criminal statutes remains necessary, we cannot simply prosecute or incarcerate our way to becoming a safer nation." [continues 584 words]
Many Nonviolent Offenders Will No Longer Face Long Prison Terms, the Attorney General Says. SAN FRANCISCO - Federal prosecutors will no longer seek long, "mandatory minimum" sentences for many low-level, nonviolent drug offenders, under a major shift in policy aimed at turning around decades of explosive growth in the federal prison population, Atty. Gen. Eric H. Holder Jr. planned to announce Monday. Brendan Smialowski "Too many Americans go to too many prisons for far too long, and for no good law enforcement reason," Holder planned to tell the American Bar Assn. meeting here, according to an advance text of his remarks. "While the aggressive enforcement of federal criminal statutes remains necessary, we cannot simply prosecute or incarcerate our way to becoming a safer nation." [continues 776 words]
Possession of a Small Amount of Pot Is Not an 'Aggravated Felony,' Justices Conclude. WASHINGTON - The Supreme Court has extended some leniency to legal immigrants who are convicted of having a small amount of marijuana, ruling that such a crime is not an "aggravated felony" that leads to deportation. In 7-2 decision, the justices said the government must show that a defendant sold the drugs or possessed a significant quantity for the crime to be deemed an aggravated felony. Under the terms of the Immigration and Nationality Act, a noncitizen who is guilty of an aggravated felony is scheduled for deportation, regardless of whether he or she has lived legally and productively in the United States. [continues 277 words]
21 States Allow Medical Pot Use WASHINGTON - Marijuana will continue to be considered a highly dangerous drug under federal law with no accepted medical uses, after a U.S. appeals court Tuesday refused to order a change in the government's 40-year-old drug classification schedule. The decision keeps in place an odd legal split over marijuana, a drug deemed to be as dangerous as heroin and worse than methamphetamine by federal authorities, but one that has been legalized for medical use by voters or legislators in 21 states, including New Mexico. [continues 387 words]
DEA Classification of Pot As a Dangerous Drug Will Stand, Appellate Judges Say. WASHINGTON - Marijuana will continue to be considered a highly dangerous drug under federal law with no accepted medical uses, after a U.S. appeals court Tuesday refused to order a change in the government's 40-year-old drug classification schedule. The decision keeps in place an odd legal split over marijuana, a drug deemed to be as dangerous as heroin and worse than methamphetamine by federal authorities, but one that has been legalized for medical use by voters or legislators in 20 states and the District of Columbia. [continues 386 words]
He Is Not Ready to Support Widespread Legalization but Is Willing to Reconsider Enforcement. WASHINGTON - President Obama and a key Senate Democrat said Friday they were willing to consider relaxing federal enforcement of the laws against marijuana for those who possess small amounts of the drug. They were reacting to new voter-approved laws in Washington and Colorado that permit recreational users to have an ounce of marijuana at home. In addition, California and 17 other states allow the medical use of marijuana. [continues 760 words]
President Says It's Time to Have 'A Conversation' WASHINGTON - President Barack Obama and a key Senate Democrat said Friday they are willing to consider relaxing federal enforcement of the laws against marijuana for those who possess small amounts of the still-illegal drug. They were reacting to new laws in Washington and Colorado that permit recreational users to have an ounce of marijuana at home. In addition, California and 17 other states now permit the medical use of marijuana. Despite this state-by-state move toward limited legalization, federal law still classifies marijuana as a dangerous drug and makes it a crime to sell or possess even tiny amounts. [continues 524 words]
Officer's Lawyer Meets Opposition to View Consent Was Implied WASHINGTON - The Supreme Court justices spent part of Halloween debating whether visitors, including police officers with dogs, have a right to stand on the front porch of a house and knock on the door, or whether such unwanted visits may violate the rights of the homeowner. The question arose in a case involving whether police may use a dog to sniff for illegal drugs at the front door of a home. [continues 425 words]
WASHINGTON - The Supreme Court justices spent part of their Halloween day debating whether visitors, including policemen with dogs, have a right to stand on the front porch of a house and knock on the door, or whether such unwanted visits may violate the rights of the homeowner. The question arose in a case involving whether police may use a dog to sniff for illegal drugs at the front door of a home. A lawyer defending a Florida police officer said that since trick-or-treaters can visit a front porch, so can a police officer with his trained dog. [continues 533 words]
High Court Will Rule Whether a Drug-Sniffing Canine's Alert Is Cause for Searches WASHINGTON - Researchers at UC Davis set up a simple experiment to test police dogs and their fabled ability to detect drugs. They told 18 police dog handlers they had hidden small amounts of illegal drugs in four rooms of a church. Over two days of testing, the drug-sniffing dogs alerted their handlers repeatedly and in every room - 225 times in all. And they were twice as likely to alert on spots marked with red construction paper that the handlers had been told would indicate drugs. [continues 843 words]
A Medical Marijuana Advocate Cites a 'Bias,' Saying the Benefits Are Ignored and the Dangers Exaggerated. WASHINGTON - A medical marijuana advocate urged a federal appeals court to require the U.S. government to relax, or at least rethink, a more-than-40year-old rule that treats marijuana as a highly dangerous drug with no medical value. Federal drug regulators "have failed to weigh the evidence" from a growing number of medical studies showing that marijuana is effective for relieving pain and nausea, said Joe Elford, counsel for Americans for Safe Access. [continues 447 words]
Justices Stress Privacy in Ruling on Police Use of Digital Technology to Monitor People The Supreme Court confronted for the first time the government's growing use of digital technology to monitor Americans and ruled strongly in favor of privacy. The court said the Constitution generally barred the police from tracking an individual with a GPS device attached to a car unless they were issued a warrant from a judge in advance. But the ruling could limit a host of devices including surveillance cameras and cellphone tracking, legal experts said. [continues 994 words]
Washington -- The Supreme Court agreed Friday to decide whether police may use a drug-sniffing dog at the front door of a house or an apartment to detect marijuana, even if the officers have no evidence of criminal conduct. The decision in a Florida case will be the latest test of the Fourth Amendment's protection against unreasonable searches in drug cases. It also will be the third in a trilogy of rulings on drug-sniffing dogs. In the past, the court has upheld the use of dogs to sniff luggage at airports and to sniff around cars that were stopped along the highway. The justices said that using trained dogs in public areas didn't violate anyone's right to privacy. [continues 294 words]
Justices Will Hear a Florida Appeal Regarding the Dogs' Use Outside Homes Reporting from Washington - The Supreme Court agreed Friday to decide whether police may use a drug-sniffing dog at the front door of a house or an apartment to detect marijuana, even if the officers have no evidence of criminal conduct. The decision in a Florida case will be the latest test of the 4th Amendment's protection against "unreasonable searches" in drug cases. It also will be the third in a trilogy of rulings on drug-sniffing dogs. [continues 401 words]
The Supreme Court Says Officers May Break into Homes in Certain Drug Cases. The Supreme Court gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed. Ruling in a Kentucky case Monday, the justices said that officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs. Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, said Justice Samuel A. Alito Jr. for an 8-1 majority. [continues 419 words]
Overturning the Insurance Mandate on Constitutional Grounds Is Unlikely If Courts Keep to Precedent Lawsuits from 14 states challenging the constitutionality of the new national healthcare law face an uphill battle, largely due to a far-reaching Supreme Court ruling in 2005 that upheld federal restrictions on home-grown marijuana in California. At issue in that case -- just like in the upcoming challenges to the healthcare overhaul -- was the reach of the federal government's power. Conservative Justices Antonin Scalia and Anthony M. Kennedy joined a 6-3 ruling that said Congress could regulate marijuana that was neither bought nor sold on the market but rather grown at home legally for sick patients. [continues 799 words]
The Legal Resident of Texas Is Being Sent to Mexico After Two Misdemeanor Drug Convictions. The Supreme Court said Monday it would consider whether a strict immigration law called for deporting noncitizens convicted of repeat misdemeanor drug offenses. The case before the court involves a legal immigrant from Texas who pleaded guilty to possessing less than two ounces of marijuana and later pleaded guilty to possessing a single tablet of Xanax, an anti-anxiety medication. Although the convictions were minor, judges in some regions have ruled that two misdemeanor convictions for drug possession can count as an "aggravated felony," which is grounds for deportation. [continues 324 words]
