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Found 5 results

  1. Courts are not about justice or helping, their main focus is solely to collect fees and fines. Call any court at any time and the information provided on the automated phone system is exclusively about how to stream line payments. Any other concern or question of the court requires you to go through an endless and bottomless rabbit hole of phone tree tag. If , by some miracle you do get through to a live voice, it becomes immediately apparent that the person behind the phone is neither user friendly or ready with answers for the reason why you have called. When did this practice become the norm? When did this unhelpful court attitude become acceptable? Who has empowered these civic employees to be rude and dismissive? What happened to the old adage that the customer is always right? Who told these people that they have an allegiance to anyone other than the people who have business with the court? Think they treat lawyers or law firm employees any differently? HAH! I have to use the same phone numbers and go through the same hoops that any person does when interacting with the court. Except I have to use their voice mail systems. Imagine having to contact a court for a client only to get a voice mail and wait for the system to tell you to leave a message after the tone, only to hear “mailbox is full”. This only happens every day to me, in multiple courts with multiple judges, prosecutors, clerks and even police officers! Courts, prosecutors and Judges all take lunch breaks, but so do all of the clerks, all at the same time. Don’t even bother trying to call anyone from 11:30-1pm. Likewise, Court is over at 4pm, everyone including the clerks leave. There is no automated answering service, just voice mail with full mailboxes after 4pm. There is a small window of time when you are able to get a live person at a court. Between 9:00-11:00am and then 1:00pm-3:45pm. The probation and drug testing industrial complex has taken over the courts. I Represented Client/Medical Marihuana patient in a probation violation today in court. I was not her lawyer at the time she plead guilty and was sentenced to probation. The allegations of the probation violation were that my client had continued to test positive for THC, in violation of the court's order. “Your client can't use medical marijuana while on probation. The Certifying physician is not in the probation departments list of approved doctors.” Generally speaking the court is looking to the following main issues when setting bond; is the accused a danger to the community is the accused a flight risk With these legal principles in mind the judge or magistrate where there's an allegation of a domestic violence case, or an alcohol-related driving case, will conclude for purposes of setting bond they have an interest in protecting the community from a person who consuming alcohol. In that scenario despite being presumptively innocent, allegations of assault and battery or something worse, the court in the interest of protecting the community or because of the defendants “danger to the community” would set a bond with the condition of no contact with the alleged victim. Each of these examples draw from allegations, or the facts set forth in the complaint that resulted in the issuance of the charges. Their intent associated with the elements of the crime or certainly socially with alcohol which is a substance that is not medicinal, and is exclusively perceived as being recreational and subject to abuse, within the court system. In other words the use of alcohol is routinely perceived as the roots or reason or identifiable concern by the court, independent of whether it is needed, identified, or even alleged, is something almost every single court prohibits a person on bond from doing even in cases where alcohol may not be involved. These were the facts... Client was put on probation for an alcohol driving offense. Judge sentenced her to 2 years probation, 10 days in jail immediately, followed by 2 years probation. Outpatient treatment, Alcoholics Anonymous, fines and costs. At the time of her sentencing and prior to commencing the 10 days she paid a $2300 fine. The additional terms of probation were: Report to the probation officer. Complete an intensified outpatient treatment program at Dawn Farms, Participate in alcoholics anonymous, Complete two years of probation. It is important to note, that the court at the time of sentencing entered/ ordered the traditional terms of sentencing which include Upon release from the jail after completing 10 days in jail, the client reported to the probation department as directed to by the court. Upon appearing at the probation department and going through the intake process, my client interacted with her probation officer's assistant. At that time she presented to the assistant to her probation officer her medical marijuana card which was copied and entered into the file. Over the next year ( the first year of her 2 year probation) she proceeded to complete the inpatient treatment program. She enrolled in AA and another Secular program similar to AA called SMART. In fact after enrolling in these 2 programs, she habitually attended 2 times a week for the next 2 years. Additional terms of her probation included write in or non-reporting probation, which required her to call or write in to her probation officer monthly. All of these requirements were completed as ordered by the Court. At approximately the one year mark of her probation, my client got a call from her probation officer, directing her to take a drug test. Of course being a medical marihuana patient, she tested positive for THC. To my client, this was not a suprise because she had let the probation department know was in fact a medical marihuana patient. In her initial intake at the probation department she had made it clear of this status. Furthermore, she believed she had a right to engage in the medical ise of marihuana. 333.26424 Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient. My client’s probation officer however didn’t see things the same way... Upon learning of the drug test results, the probation officer told my client that she was in violation of the terms of her probation. Your client can’t use medical marijuana while on probation. The certifying physician is not in the probation departments list of approved doctors. This is frankly disgusting. A probation department telling a person which physician they can or cannot go to for treatment? What kind of justice is that? This was all done in the last two weeks of probation for my client. They wanted and waited to violate her right at the end of her probation. Client hired me, I was able to argue the law, got her off the hook for the Violation of Probation VOP and she was able to finish her probation in the mean time, and has been alcohol free for two years and has really changed her whole life around. Although I can’t take credit for that, I am glad happy to see that her right to be a medical marijuana patient was recognized by the court. Victory
  2. Courts, US Public at Odds Over Worker Firings Colorado -- A worker in Colorado who undergoes a random drug test is found to test positive for marijuana use, but in less than a month pot-smoking will legal in there. Can a company with a zero-tolerance policy for illegal drug use still fire that worker, or should it instead adjust its policy on employee drug use? That's just one of many questions that employers in both Colorado and the state of Washington are wrestling with as they adjust to new marijuana laws, which as of Jan. 1 will permit individuals to buy and possess up to an ounce of pot. Read More...
  3. http://scienceblog.com/66608/stoners-beware-exercising-might-lead-to-a-positive-drug-test/ Exercise is essential to a healthy lifestyle, but new research led by the University of Sydney shows that for cannabis users, it could also lead to positive drug tests. Tetrahydrocannabinol (THC), the main intoxicating ingredient in cannabis, has a strong affinity for fat tissue. Most of the THC consumed when cannabis is smoked ends up being rapidly transferred from the bloodstream into fat cells, where it accumulates and can lie dormant for weeks or even months. But what happens when you burn the fat that contains this THC? The study by researchers from the University of Sydney and University of NSW, published in the most recent issue of Drug and Alcohol Dependence, asked regular cannabis users to exercise at a level that would cause fat to be metabolised – a reasonably tough 35-minute workout on a stationary exercise bike. The cannabis users had all abstained from smoking overnight to ensure low blood levels of THC prior to the exercise. After the exercise, the researchers found a substantial increase in blood THC in the cannabis users, which in some cases was enough to make the difference between a negative and positive drug test. The rise in blood THC was accompanied by a jump in free fatty acids in the blood, a tell-tale sign that fat was being used as a fuel during the workout. In an interesting twist, researchers found that the higher the person’s body mass index (BMI), the greater their increase in blood THC levels with exercise. According to the researchers, greater body fat usually accompanies a higher BMI, resulting in a larger reservoir of stored THC that can be released during exercise. “These results have potentially huge medico-legal implications,” says Professor Iain McGregor, from the University of Sydney’s School of Psychology, who led the research. “Someone subjected to workplace or roadside drug testing after a visit to the gym could end up testing positive despite an absence of recent cannabis use. In addition, it may not just be exercise that produces this effect. Other things that increase use of body fat, for example dieting, or physical or psychological stress, might produce a similar or even greater outcome. The study also looked at the effects of a 12-hour fast on blood THC levels in some users, although this manipulation failed to increase THC in the same way as exercise. The researchers noted that more than 12 hours of fasting may be required to kick fat use into the high gear required to liberate THC. Future studies are planned to examine whether the raised THC caused by exercise is enough to impair driving ability and memory in regular users
  4. World Anti-Doping Agency Changes Marijuana Testing Policy According to Play True magazine, during a May 11 meeting, the World Anti-Doping Agency’s (WADA) Executive Committee voted to increase the threshold for marijuana testing for athletes. The previous limit of 15 ng/ml was raised to a higher limit of 150/ng ml. Starting on May 11th, any tests conducted by WADA that are lower than 150/ng ml will not be considered a positive test for marijuana. WADA is responsible for promoting and regulating anti-doping measures in sports throughout the world, including the Olympics. It sets the standard in determining which drugs should be considered performance enhancing. Certain states and countries have their own limits, but the WADA ruling could lead to changes to marijuana testing at state commissions. State commissions are responsible for overseeing mixed martial arts competitions. According to Nevada State Athletic Commission executive director Keith Kizer, who spoke with Bleacher Report on Thursday, the WADA ruling doesn’t technically affect the state commission’s own testing limits, but it increases the chances that rules may soon change. Over the past year, a number of UFC fighters have been suspended and fined for testing positive for marijuana, with the most recent being Pat Healy earlier last month. As marijuana use becomes more and more socially acceptable, resistance to the strict marijuana testing policies is growing. WADA voted to keep marijuana on the restricted drug list, so fighters and fans should not get their hopes up that the athletes will be able to smoke as much as they wish. However, this policy shift shows that WADA is becoming more accepting of marijuana use among athletes. [Source] Trix
  5. Medical Marijuana Patient Fired For Failing Drug Test May Have Found Loophole to Keep Job Jul 11, 2012 Sonny Meyers is a former DISH Network employee from Colorado. He was fired earlier this year for failing a drug test after using medical marijuana to help deal with the symptoms of ocular migraines, which can be debilitating. The 69 year old was hired by DISH Network 5 years ago to fill various roles with the company including sales and equipment verification., which is similar to a fraud investigation unit. Meyers received a doctor’s recommendation to use medical marijuana to treat his migraines in 2010. The medicine greatly relieved his symptoms and he continued to use it. According to Meyers, he checked the company’s employee handbook before starting to use the drug, and he saw nothing which prohibited employees from being registered medical marijuana patients or using medial marijuana. Meyers felt especially protected because medical marijuana is legal in Colorado and he is a registered user. Meyers added that he never used medical marijuana on the job. In May 2011, Meyers was given a random drug test and tested positive for THC. The company fired Meyers, citing that they follow federal law, not state law. His claim for unemployment was denied, and his argument to the Industrial Claims Appeals Office was denied, as he was found to be the cause of is dismissal. Meyers did not give up there. He filed an additional complaint with the Colorado Court of Appeals, and the jury noted that because medical marijuana use was not forbidden in DISH Network’s employee drug policy guide, he had no way to know that medical marijuana was not allowed. So far, a final ruling has not been made regarding Meyers’ case. But the outcome has the potential to have large repercussions for businesses in Colorado and other medical marijuana states. This case could set the precedent for how companies handle drug testing and firing when it comes to legal medical marijuana patients. Meyers hopes that by speaking out about the situation and having it told by the media that he will be able to shed light on the unfair treatment of medical marijuana patients throughout the country. http://news.nuggetry...le-to-keep-job/ Trix
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