Judge Deborah A. Kunselman rejected an appeal from a Pennsylvania medical cannabis patient who was convicted of DUI. A court in Pennsylvania this month ruled against a medical cannabis patient who had appealed a 2021 driving under the influence conviction. The York Daily Record has the background on the case involving Franklin Dabney, a 29-year-old from Hanover, Pennsylvania who was arrested in 2020 after a Pennsylvania state trooper in an unmarked vehicle clocked him going 93 miles per hour in a 65 zone. The trooper “noticed a ‘strong odor of raw marijuana coming from inside the vehicle,” the York Daily Record reported, prompting Dabney to “[take] out a medical marijuana card and [state] that the smell was probably originating from his clothes.” “Law enforcement conducted a warrantless search of the vehicle, finding flakes of suspected marijuana near the center console and front-passenger seat as well as a shopping bag containing three baggies of weed,” the Daily Record reported. “Dabney, police said, had dilated and red eyes. He also showed signs of impairment during standard field sobriety tests. Police arrested Dabney and took him to Gettysburg Hospital, where a blood test revealed that he had active marijuana compounds and metabolites in his system. Prosecutors later agreed to exclude the weed found in his car from evidence and withdrew three of the charges against him.”

420 Intel – Marijuana Industry News, 05/12/2022 20:00:00

Open article: https://420intel.com/articles/2022/05/13/pennsylvania-court-rules-medical-cannabis-still-controlled-substance

Newsday Trinidad & Tobago report THE Court of Appeal will be asked to clarify what appears to be a lacuna in the Dangerous Drugs (Amendment) Act on the possession of fewer than 30 grammes of marijuana. At a hearing of magisterial appeals on Thursday, deputy DPP Tricia Hudlin-Cooper told Justices of Appeal Alice Yorke-Soo Hon and Gregory Smith the State will be asking the court to clarify the law. She said there appeared to be a lacuna between “Parliament’s intent and what pertains now.” “It has been causing trouble in the lower courts,” Hudlin-Cooper admitted. She said the legislation allows someone found in simple possession of less than 30 grammes of marijuana to apply for a conviction to be expunged. However, she hinted there was a loophole in terms of where the alleged offence occurred. In two of three appeals, the judges ordered submissions to be filed in June and have adjourned the matters to July 20. Those cases involved the arrest of a prison officer and a university student. In the matter of Cpl Leroy Baptiste against prison officer Max Durity, the State appealed after he was found not guilty in the Arima Magistrates Court in October 2014.

Cannabis Law Report, 05/13/2022 00:20:00

Open article: https://cannabislaw.report/trinidad-tobago-court-of-appeal-requested-to-clarify-cannabis-possession-issue/

Via The Detroit News A chain of medical marijuana dispensaries filed a lawsuit in Wayne County Circuit Court Wednesday challenging Detroit’s new recreational marijuana ordinance. A provision in the ordinance, which was approved last month by the Detroit City Council, doesn’t allow medical marijuana establishments to be eligible to obtain a recreational license for five years. The lawsuit brought by four House of Dank dispensaries — each operating under a unique name — said that wording violates the state’s 2018 recreational marijuana law. The ordinance, which went into effect April 20, reads: “Commencing on January 1, 2027, any licensees which are holders of one or more licenses to operate a medical marijuana provisioning center in accordance with this article and which have been the holder of such licenses since prior to the effective date of this ordinance, may apply for an adult-use retailer license.” The city’s law department said it had not had a chance to review the complaint and declined to comment Wednesday. House of Dank, which opened a medical dispensary on Eight Mile in 2015, now has four medical dispensaries in Detroit and four recreational dispensaries elsewhere in Michigan. “

Cannabis Law Report, 05/12/2022 01:36:00

Open article: https://cannabislaw.report/detroits-new-recreational-cannabis-ordinance-challenged-in-lawsuit/