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

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 percent... 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

People, this has been a rough couple of months. It was bitter, it was convoluted, it was stressful, and it certainly did not end on a great note. In light of that, let’s take a moment to look at some things that actually DID go well last Tuesday: You can smoke weed in a lot more states now. Recreational marijuana is now legal in California, Nevada, and Massachusetts. Medical marijuana is also now legal in Florida, Arkansas, and North Dakota. The passage of these ballot measures means it’s legal to purchase, possess, and consume that Mary Jane, but this privilege is accompanied by establishing... Read More