BREAKING: This just in. The city of Dallas, Texas – yes, Texas – voted yesterday to relax penalties for marijuana possession. This “cite and release” ordinance provides that anyone caught with possession of less than four ounces of pot will receive a ticket but will not be arrested. Baby steps in the land of some seriously whack-a-doo right wingers. Big congrats to my home town! Now back to our regularly scheduled program: Weed Law 101, Part 2: Congressional Whiplash. As we learned in Part 1, the federal government used racial fear and prejudice to first criminalize marijuana in 1937.... Read More

Last week began a multi-part series explaining the United States’ colorful history with marijuana law. That endeavor will be continued next time, as I would be remiss not to mention that at the end of last week, a flurry of marijuana-related bills were introduced into Congress. If you have been following along, you know that in week two of this blog, I explained legislation was introduced into the House that would remove cannabis from the list of federally controlled substances.  Removing weed from federal criminal jurisdiction does not give the federal government a bite at revenue from the... Read More

It’s that time of year; when the country pays its taxes! While not exactly Christmas, among the complication and stress many US citizens experience during this time, one thing is certain: the process involves a lot of giving. The Federal and State governments give out tax refunds, or residents give back what they owe. We pay taxes to fund and support our government. The government represents us through programs, services and benefits paid for by tax dollars. Some believe they pay too many taxes, or at too high a rate, without receiving the desired returns. This sentiment is shared by select... Read More

Part 1: Blame It On Mexico Marijuana law and policy is complicated. As with all political issues, understanding where we have been historically is crucial to deciding where we should go. A little history helps put things in perspective and contributes to crafting reasonable drug laws. I present to you the first installment of Weed Law 101. This country’s on and off again love affair with cannabis started long before this nation was formed. Beginning as early as the 1600s, North American settlers encouraged hemp production for the manufacture of rope, sails, and clothing. (By hemp, I mean the... Read More

Remember last week when we discussed how, in contrast to President Obama, the Trump administration may be enforcing federal marijuana laws, regardless of legalization at the state level? Well, Attorney General Jeff Sessions said that if Congress did not like his hardline approach towards criminalizing marijuana, they should change the law. That sounds like a threat. There is no doubt we have reached a virtual weed watershed. Twenty-eight states have decriminalized marijuana, and 8 states, plus D.C., are permitting anyone over 21 to toke up. According to the latest Quinnipiac National Poll, 70... Read More

Welcome to “Habeas Cannabis: Lawyer Blows Smoke,” a blog where cannabis laws and related political issues will be discussed. For clarity’s sake, I disagree with any intrusion by the federal government into the legalization of marijuana at the state level. That said, there is nowhere to begin without first asking, what will be the Trump Administration’s federal policy regarding state legalized marijuana? Let’s start by unpacking what we know so far. Trump has ensured, without elaboration, that he is dedicated to bringing “law and order” to our inner cities. Meanwhile, Attorney General... Read More