Friedman Legal Solutions, PLLC

Criminal Appellate & Post-Conviction Services

DEA to Ban Fake Pot

New Jersey Criminal Defense Attorney David T. Schlendorf is reporting that the DEA has taken action to ban synthetic marijuana. The rule would take effect in thirty days from the notice which appeared in early January.

Update: Here are a few more links on this story. The
Washington Times has a good story on the subject. It is a few months old, but informative. A similar story ran in USA Today.

Can a State Eliminate the Intent Requirement for Drug Delivery Laws?

There is an interesting fight brewing in Florida about whether a State can constitutionally eliminate the intent requirement from drug laws and make it a crime to unknowingly deliver a controlled substance. Florida has tried. If a Fed Ex delivery person unknowingly delivers a package containing drugs to home, he is guilty of a serious felony. The National Association of Criminal Defense Attorneys is lead amicus in a challenge to this practice. In addition to standard authority, the NACDL makes an interesting international law argument that intent is required under the law of nations.

AMA Supports Reclassification of Marijuana

The American Medical Association (“AMA”) urged the U.S. Government to change its classification from being a dangerous drug with no medically accepted used. Since 1997, the AMA has argued that marijuana should remain classified as a schedule I narcotic. This change of position does not mean that the AMA regards marijuana as a safe and effective treatment, but it would clear the way to conduct clinical research, develop cannabis-based medicines and devise alternative ways to deliver the drug. "Despite more than 30 years of clinical research, only a small number of randomized, controlled trials have been conducted on smoked cannabis," said Dr. Edward Langston, an AMA board member, noting that the limited number of studies was "insufficient to satisfy the current standards for a prescription drug product." Click here to view the article from the Los Angeles Times.