After a contentious campaign, Question 1, Maine’s initiative to legalize retail marijuana, has passed by a narrow margin. Maine joins the seven other states (Alaska, California, Colorado, Massachusetts, Nevada, Oregon, and Washington) and the District of Columbia in making retail cannabis available to adults. While the law’s general principle – allowing for the possession, cultivation,…
The Kansas Court of Appeals ruled in State v. Robinson that laws criminalizing refusing a preliminary screening device (“PBT”) are unconstitutional. A preliminary screening device or preliminary breath test (PBT) is considered a field sobriety test. The PBT is a hand-held device typically offered to drivers or pedestrians when a law enforcement officer suspects the…
This past Friday, President Obama signed a massive tax and spending bill into law. Included among the bill's 2,009 pages is a provision that will be welcomed by medical marijuana patients and providers around the country – an amendment preventing the Department of Justice (DOJ) from interfering with states that have enacted medical marijuana laws.…
On Wednesday, November 8, the Maine Center for Disease Control and Prevention (CDC), a division of the Maine Department of Health and Human Services (DHHS), published its newly adopted Rules Governing the Maine Medical Use of Marijuana Program (MMMP). The new MMMP Rules are a revision of the proposed Rules first issued for public input…
When you’re arrested for a DUI (driving under the influence) in Florida, you’ll need to fight back to avoid serious consequences. A DUI is a major offense, and you could lose your license for some time, along with receiving heavy fines, possible jail time, and an ignition interlock device. Defending yourself in court can help…
On November 19, a key legislative request, L.R. 2547, sponsored by Rep. Henry E.M. Beck (D-Waterville), will be up for vote by the Legislative Council. The measure, entitled "Resolve, To Clarify Inspections of Caregivers under the Maine Medical Use of Marijuana Act," seeks to require the legislature and DHHS to clarify and pass laws and…
If you were arrested in Florida for your first DUI offense, then the initial decision you will face is how to handle the suspension of your driver’s license. Under Florida law, drivers who provide a breath sample of .08 or above are driving with an unlawful blood alcohol level (DUBAL) and will automatically have their…
The National Academies of Sciences, Engineering, and Medicine is promoting legislation aimed at persuading states to lower the legal limit of alcohol (blood alcohol concentration) in a person’s system from .08 to .05. In an earlier blog, I shared that Utah has already lowered the legal limit to .05. The law is slated to go…
When you see those lights flashing in your rearview mirror, you’re probably a little worried about your license. That’s especially true if you believe the officer will charge you with speeding, which can come with serious penalties at higher speeds. You’ll probably have several questions about speeding tickets going through your head, including one especially…
When you’re facing criminal charges, you’ll need to act now to protect your future and see what can be done about getting your case dismissed. Unfortunately, that’s not always easy. Even choosing the right person to represent your case can be difficult. You may have heard suggestions about lawyers in your area, but why hire…