Cannabis Law

Controversy still exists between easing the access to marijuana based on health conditions and individual state drug laws governed by regulators. It’s considered a crime to willfully possess, or cultivate with the intent to sell controlled substances. In the recent years several medical licenses face the possibility of revocation for failing to abide by the health regulations in sustaining a doctor patient relationship prior to issuing medical cannabis recommendations and charging for services.

Medical practitioners support the medical facts founded on scientific research, which reveal a lower trace of marijuana’s psychotropic chemical, tetrahydrocannabinol (THC), as a result of the controlled purification process of farming medical marijuana. Yet, the drug still falls under the Drug Enforcement Agency’s (DEA) Schedule 1 Drug, known to contain the most lethal drugs, such as heroin, ecstasy and LSD. The lawful struggle for legalizing dispensed marijuana is establishing a legal justification based on federal laws capable of enforcing a controlled substance in altered states.

Law

By law, marijuana is a controlled substance and possession is legal only when used under federally approved circumstances, such as a medical physician or scientific research. In these environments the drug is typically monitored and managed according to legal regulations set in place by the federal government and the holding facility’s operating policy.

The debate right now questions the legalization based on the surge of consumer demand, which is fueling the market. Added to the concerns is the “for-profit” markets for medical therapies, which may render observations or monitoring more difficult in these smaller public clinic environments, while developing healthcare protocols under the federal government’s jurisdiction.

Facts

The major hurdle for the industry, dispensary operators and the qualified patients are the federal bans that still exist. Keep in mind that the cannabis laws have changed and states throughout the country are supporting this medical marijuana treatment in favor of traditional medical treatments for pain and other health ailments. Moving forward the cannabis laws will continue to change, suggesting an experienced attorney’s guidance and advice to prevent unlawful drug charges and prosecutions.

23 states took some level of action to implement a managed and controlled marijuana program. While several states actually have licensed dispensaries to legally operate as a result of marijuana-related ballot measure voting there are states, which have opted to retain marijuana as a criminal offense. The approving states each have their own limitations and restrictions imposed on all authorized facilities:
Some states only allow medical treatments in the form of smoking oils or edible pills

Pilot programs are still experimental with a defined term for qualified dispensaries

Limits on the number of operating dispensaries are imposed by the state

Dispensaries are allowed to treat only specific illness ordered by the state

Distribution

The purposes for the establishing these lawful guidelines are to prevent the exploitation by non-medical users or profiteers, and ensure only safe and proven medical treatments are used. The health benefits of medical marijuana have been noted, but it’s still too early in the cycle to determine, whether or not the effects of treatments are authentic or simply anecdotal. Today, several states allow the sale of medical marijuana but, there are still many unclear laws pending clarifications and regulations pertaining to the distribution and handling of this controlled substance.

The federal government and legal representatives are concerned because of the limited information available to determine the proper dosage for varying health conditions and the medical factors for qualifying the use of marijuana prescriptions. Secondly, the long term effects for various populations from children to seniors under consideration for this form of treatment are still unknown.

Technology

The advent of technology presents advantages with the ability to share online medical information between servicing medical professionals and facilities. So far, the laws pertaining to medical marijuana have been about qualified treatments at approved dispensaries. The law pertaining to possession applies to the sale by approved dispensaries directly from the facility.

In developing these treatment services the handling of medical marijuana as a controlled substance outside of the authorized facilities need to be addressed. The guidelines don’t clearly address the probabilities of risk with delivery services outside of the dispensary. Outside delivery is listed as a felony in some states and instigates a potentially grey area for approved practitioners. To date, the medical marijuana guidelines and laws in some states do stipulate indicators and limitations of operating delivery services within approved locations. There are also states that cite any type of delivery outside of the approved dispensary as illegal activities.

The advancements in technology also bring about questions for delivering medical marijuana using online transport services, where products are shipped through courier services or private carriers. Lawfully, transporting any controlled substance is illegal and can lead to federal drug charges, although the medical and pharmaceutical industries do in fact ship approve prescriptions.

One example of the grey areas probes if medical marijuana should be reclassified as an approved prescription and available for delivery? Just as important, if delivery becomes law, defining the restrictions and limitations along with enforcing delivery services of any type to adhere to specific handling will be required. Like all actions, especially ones involving legal consequences, what are the enforcements in the case of illegal actions deliberately breaking the law?

7 Hottest Law Careers

If law practice has long been your dream career and you’ve finally conjured up the courage to pursue it, you shouldn’t undermine an opportunity to check recommendations. With several law categories from which to choose, your success depends heavily on your specialization. In an effort to help you make an educated decision for a successful law career, we’ve prepared a hot list. It highlights the legal industry’s top-achieving law fields. It’s no doubt, the recession has devastated global industries. Fortunately, the legal industry is among the best-recovering sector. That’s enough talking, let’s explore the best areas to practice law.

  1. Civil Law

The disastrous economic downturn is actually helping some law areas such as civil litigation. With a growing demand for lawyers that practice civil law, it’s a lucrative opportunity. In these tough economic times, organizations and individuals are vigilant about recouping financial losses. They’re particularly against compensating beneficiaries if it’s avoidable. In recent years, the legal sector has seen greater demands for civil litigation attorneys, especially from businesses. A sampling includes complex areas ranging from regulatory actions, commercial law, class actions, labor/employment, insurance defense to personal injury.

  1. Labor/Employment Litigation

As businesses continue to downsize, jobs decline meanwhile government enforce harsher regulatory compliance to compensate for the economic shortcomings; employment lawsuits have been gaining momentum. The unemployed are particularly eager to take on counseling and find solutions that work. Furthermore, the masses facing tough financial setbacks have no other resort, but to recover what’s lost. In addition, it’s been closely observed that the demand for employment law attorneys will swell as jobless rates increase. With labor/employment regulations changing, workers are not always aware of these updates. Labor/employment disputes haven’t shown any sign of decline and industry analysts ly believe that demands will increase.

  1. Environmental (Green) Law

With a rising need to spread awareness about environmental issues ranging from proper management of carbon assets, clean technology, controlling greenhouse gasses and renewable energy; there’s a great demand for green law expertise. It’s already making giant strides as it expands to the broader global platform. In fact, it’s become everyone’s priority to go green. Unfortunately, it’s not as trivial as many people think. It’s of paramount importance to explore your best options by getting a professional opinion from a qualified green law attorney. With considerations such as sustainability issues and incorporating green initiatives, education is an all-important element. Furthermore, industry watchdogs have predicted that green law will see greater demand for expertise in the coming years.

  1. E-Discovery Litigation

Law has penetrated so many different industries today, it’s become increasingly urgent for lawyers to upskill. E-Discovery Law, a recently developed sub-unit focuses primarily on the technical aspects of litigation. This particularly enterprises advanced skills and expertise to garner positive outcome. Information storage and management are an essential part of any successful company. E-Discovery lawyers specialize in data preservation, repurposing, processing, document searching and archiving and review. It’s another landscape that looks promising with the legislation enforcing proper use of discovery products.

  1. Bankruptcy Law

This is another area of law that has a promising future, a statistical report tendered by legal industry watchdogs revealed. In fact, it’s been dubbed the fastest-growing area of law in today’s competitive market. With world economies declining, foreclosures reaching record high numbers and medical debt rising, everyone’s filing bankruptcy these days. Bankruptcy litigation experts handle everything to expedite the process and minimize the impact on clients. With unemployment rates increasing, it’s become increasingly difficult for consumers to settle monthly debts. Besides common citizens, high-profile professionals and businesses also need specialized bankruptcy law services. Business prospects mostly need professional advice when restructuring the company’s assets. If your interest lies pursuing a legal profession, be it as a paralegal or licensed attorney, bankruptcy law provides lucrative opportunities.

  1. Intellectual-Property Litigation

As another widely practiced law area, Intellectual-Property Litigation present lucrative opportunities for future attorneys. This area of law continues to maximize surplus despite the global economic downturn. Moreover, it’s a specialized law area that allows paralegals and attorneys to express their creativity. With their guidance, clients have an opportunity to protect intellectual property assets. A sampling includes creative innovations, authors, musicians, capital refinements and inventors. What’s more, it’s a landscape that has become increasingly popular among law students.

  1. Foreclosure Litigation

A recent survey conducted revealed that in the U.S. alone, an estimated 10,000 home mortgages get foreclosed daily. With the global economy deteriorating, citizens continue to fall short with their mortgage payments. With expensive penalties, changing state regulations and fast-track foreclosures, it’s a growing endemic. Real estate investors, homeowners, lenders and business operators all depend on foreclosure law experts for professional advice.

Even if, you’ve decided to practice another area of law besides the seven mentioned above, knowing that you explored all your options first prevents failure. Law practice isn’t a standard profession; it involves mountains of paperwork and expertise to really reach success. Many times, students who go on to practice litigation face setbacks and fail miserably because of poor decision-making.…

How Can We Reduce Overcrowding In Our Prison System?

Legal changes in sentencing are now coming under review, as it has in the last several years to try to get our rising prison system numbers down to a number that can be handled and afforded. We are spending billions of dollars each year on housing prison inmates under our current system. Some have said that we need to let up on our “War on Crime” and reduce sentences on minor drug cases and for minor to medium drug charges for people with non-violent records. The first answer to reduce the number of inmates in prison was to send inmates with small drug charges such as possession of pot were being referred to county jails to be housed. They are now asking for a change in drug laws that would be less strict on minor drug offenses and ask for much less lengthy sentences for drug charges that are a little more serious. In fact, many are asking for a complete overhaul in reform in our drug laws and sentences.

Drug offenders make up only about one fifth of the offenders in our current long-term prison system, but they do account for about one third of people admitted to prison. The reason drug charges and inmates don’t make as big a factor in the total numbers is because a lot of drug charges aren’t as long as more serious crimes so inmates in prison for minor drug charges come in and out more often. Another point that is being made for a change in sentences for minor drug offenses is that it takes a financial toll on society because the families are left in dire straits financially. A person arrested and locked up for two weeks to two months will lose important income for their family and often times lose their job, lose their home and car, and leave the family homeless and in financial devastation. This also has an affect on the state’s financial problems because they then need state assistance in the form of food stamps, Medicaid, TANF, other programs and day care assistance for the other spouse to go to work, It can also lead the person who was arrested to have to turn to illegal ways to take care of their families because of the loss of their job, which then leads to a vicious cycle of incarceration, crime, and financial loss and a burden on the government all the way around.

Another answer that is up for discussion as a way of handling mass incarceration, the overcrowding of prisons, and the billions of dollars spent, is reducing some mandatory minimum sentences for some drug charges. Many of these are considered way to harsh and an abuse of our system, which we can no longer afford. We need to start petitioning Congress to do just that, make a change to Amendment 782 that is no longer working for our country. This change would effect almost half of our Federal Prison inmates, which would be about 100,000 inmates at our current standing. Starting in 1988, sentences fell under the mandatory minimum sentencing causing our numbers of inmates to jump dramatically and then fell in 2012 as the sentences were becoming much less severe. These harsh sentences have so far cost our country an estimated one and a half billion dollars each year! We really need to look at making a massive change in sentences as well as overturning extreme sentences already in effect. Sentences such as life without parole for a drug charge are a bit extreme and very expensive to say the least and need to be reevaluated, especially in our current economy. I do think when overruling past sentences in some cases should be done on a case by case basis. Judges would also have more leeway to decide if shorter sentences were in order on some cases if the new changes that are under consideration are put in effect.

The Senate as well as the House are currently looking at a bill reducing drug sentences for smaller drug offenses for people that don’t have a violent criminal background. This would cover almost HALF of the criminals in our Federal prisons, so why have we not done this already? Less than one-sixth of the current Federal inmates had violence involved in the crime they are doing time for. It is also being recommended that each case be reviewed as to how serious their involvement was in the crime, not the amount of drugs involved. Only one-sixth of the Federal criminals sentenced were ring-leaders or were high up individuals in the crime. It is suggested that only that 1/6 of criminals should fall under the mandatory minimum sentences if at all. This would make much more sense when it comes to fairness and making sense of our laws. Some inmates who are in Federal prison for murder average 23-25 years but someone selling drugs is sentenced to life in prison with no parole. This makes no sense at all.

We also need to take a serious look at inmates who are in prison with serious mental sicknesses. They are not getting the help they need, so they not only are getting worse but will eventually be released to commit more crimes. This is not the answer, to throw them in prison because we have no where else to put them, and what about if they qualify for early release? We have no real system in place to help them except to medicate them which does not answer the problem. This involves over half of inmates in the state prisons and just under half at the Federal level. All this started when crack cocaine first hit hard in the 80’s and it caused a big jump in violent crimes. There was also a big budget cut for help with mentally ill patients in the 60’s because so many hospitals were in such poor condition. This ended up causing people getting involved in crime and the escalation in sentencing large numbers to prison. We are long overdue for some major changes in our legal system.…