Avoiding DUI Marijuana

Thanksgiving time is a popular season for roadblocks and other mechanisms for stopping impaired drivers. One should not consume any mind-altering substance before driving. However, due to the active chemical’s lingering presence in an individual’s body, it is easy for innocent cannabis users to be accused of driving while impaired. To prevent unjust convictions, I […]

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Opposition to Cannabis Wholesale Delivery is Systemic Racism

The attempt to shut down wholesale cannabis delivery licenses for Minority-owned companies, is a campaign of institutional racism by wealthy, mostly white-owned, established retail companies. I am a cannabis attorney and lifetime member of the National Organization for the Reform of Marijuana Laws (NORML) Legal Committee. I have counseled companies big and small, and currently […]

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Cannabis Delivery in Massachusetts

Posted on October 14, 2020 by Joseph

Though it took nearly four years, the Massachusetts Cannabis Control Commission will likely adopt something closely resembling the latest draft regulations for recreational cannabis delivery in the Commonwealth.* The regulations go a long way to give a leg up to smaller players. Most delivery licenses will be set aside for those applying pursuant to the […]

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SJC on Cannabis Psychosis

Posted on October 8, 2020 by Joseph

In one of his final opinions before passing, Justice Gants delivered a win to defendants claiming an insanity defense where drugs were involved. But the decision’s implicit recognition of a connection between cannabis and psychosis raises concerns. A new trial was awarded to an individual convicted of murder, who appeared to have schizophrenia. He was […]

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In Memoriam

The Criminal Defense community lost a great champion in Ruth Bader Ginsburg. Whether drafting an opinion, or dissenting, her eloquence on matters of privacy was unparalleled. I had the privilege of meeting her as an 8th -grader on a trip to Washington D.C.. Though physically slight in stature, as she spoke, he intellect became a […]

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Are Courthouses Safe?

Posted on July 17, 2020 by Joseph

Unlike most calendar engagements during the COVID emergency, physical court attendance may be compulsory. According to an Order by the trial court, in-person hearings are gradually resuming. If you have a court date scheduled, and you do not feel safe in an enclosed space for multiple hours, call your attorney immediately. They can ask the […]

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MA Criminal Courts During Corona-virus

Posted on April 6, 2020 by Joseph

The current crisis has put the criminal court system in an unprecedented struggle to function. Court hearings are happening by telephone conference, or video-link (if you are lucky). The Supreme Judicial Court has already ruled that delays resulting from the current crisis, will not be applied toward a defendant’s Constitutional speedy trial rights. As a […]

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Bill of Rights on Life Support

It’s official. With the ruling in Fernandez v. California this week, the United States Supreme Court has just reclassified the Bill of Rights from endangered to dying. I know that sounds like hyperbole, but if there was ever a time to sound the alarm bells, it is now. Without getting into all the technical details, […]

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