Florida continues to made forward progress on implementation of Amendment Two (medical marijuana) with additional licenses and dispensaries being approved or opened around the state. License News Three new licenses are being added in Florida. Dispensary News The following municipalities in Florida are moving forward with medical marijuana dispensaries: New Port Richey, located north of Tampa; Tampa; Orange Park, located southwest of Jacksonville; Those municipalities going with moratoriums are listed below: Green Cove Springs, located southwest of Jacksonville; Gulfbreeze, located near Pensacola; St. Augustine Beach; Lauderdale by the Sea; located near Ft. Lauderdale; Royal Palm Beach; located in Palm Beach County; Sea Ranch Lakes; located in Broward County; Southwest Ranches; also located in Broward County. Municipalities trying to work around the all or nothing requirement set forth in Florida’s medical marijuana law are listed below. Some municipalities are…
Medical Marijuana Developments in Florida for August 2017
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Proposition 66 Upheld
The California Supreme Court today upheld the death penalty reform initiative, Proposition 66, rejecting the attacks on the initiative nearly across the board. The court was unanimous in rejecting the attacks that would have invalidated the initiative in its entirely. It divided 5-2 on the interpretation of the five-year limit and on the provision that allows superior court decisions in habeas corpus cases to be appealed to the intermediate courts of appeal rather than the state supreme court.The case is Briggs v. Brown, S238309.CJLF has this press release.We have press coverage from Maura Dolan in the L.A. Times; Cheryl Miller in The Recorder; Sudhin Thanawala and Brian Melley for AP.KOVR, CBS-13 in Sacramento will have a report with me among others. I'm told it is planned for the 5:00 p.m. EDT newscast, though in television one is never sure until it airs.
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Interesting Opportunity to Try to Shape the WHO’s Scheduling of CBD (and Possibly Domestic Law Too)
Cross posted at Marijuana Law, Policy, and Authority. The World Health Organization (WHO) is apparently reviewing the scheduling of Cannabidiol (CBD) and 16 other drugs under the 1971 Convention on Psychotropic Substances. Prior to a meeting of the relevant WHO committee in early November, the WHO has asked member states...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/txCHX2WI6wI" height="1" width="1" alt=""/>
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SEC Updates Revenue Recognition Guidance for Bill-and-Hold Arrangements
Last Friday, the SEC issued two releases regarding guidance on revenue recognition, along with a related Staff Accounting Bulletin. These releases are notable for all SEC registrants, as they update prior revenue recognition guidance. First, the SEC updated its guidance for criteria to be met in order to recognize revenue when delivery has not occurred, i.e., bill-and-hold arrangements. The SEC’s guidance now follows that of the Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) Topic 606, Revenues from Contracts with Customers. Per ASC Topic 606, revenue may be recognized when or as the entity satisfies a performance obligation by transferring a promised good or service to a customer, and a good or service is transferred when the customer obtains control of that good or service. In the context of bill-and-hold arrangements, ASC Topic 606 provides specific guidance that certain indicators must be met to show…
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BGer 6B_360/2016: Unklare Täterschaft, keine Mittäterschaft – Freispruch
Zwei Beschuldigte feuerten vom Sitzplatz einer Terrasse je zwei Raketen ab, wobei eine davon einen Balkon in Flammen setzte. Der Brand wurde durch eine der vier Raketen verursacht, wobei nicht mehr zu ermitteln war, wer von beiden jene Rakete zündete, die den Brand verursachte. Die beiden Beschuldigten wurden der gemeinsamen fahrlässigen Verursachung einer Feuersbrunst verurteilt.Die Beschuldigten zogen die Sache bis vor Bundesgericht, wo die Beschuldigten beide freigesprochen wurden. Das Bundesgericht kam zum Schluss, dass die Annahme einer Gesamthandlung im Sinne von BGE 113 IV 58 beweismässig nicht erstellt sei. Der gemeinsame Beschluss einer sorgfaltswidrigen Handlung sei nicht nachgewiesen (Erw. 4.9). Die Rechtsfigur der Mittäterschaft führe nicht zu einer Beweiserleichterung hinsichtlich des Tatentschlusses, nur hinsichtlich des individuellen Nachwieses von Tatbeiträgen (Erw. 4.10). Die Komponenten eines sorgfaltswidrigen gemeinsamen…
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Smith on "Innocence" and the Guilty Mind
Stephen F. Smith (Notre Dame Law School) has posted 'Innocence' and the Guilty Mind on SSRN. Here is the abstract: For decades, the “guilty mind” requirement in federal criminal law has been understood as precluding punishment for “morally blameless” (or...
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California Supreme Court seems to clear way for resumption of executions after resolving Prop 66 challenges against capital defendant
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Interesting accounting and analysis of "America’s Marijuana Evolution"
The folks at Third Way have this notable new publication titled "America’s Marijuana Evolution." Regular readers of this blog will be familiar with the ground covered in this piece, but it still makes for an interesting read based on how legal and policy changes are discussed. Here is one excerpt...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/M-VEwH5CNgY" height="1" width="1" alt=""/>
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Employment Law: Is there a Minimum Working Age in CA?
Now that summer is in full swing you may be noticing that the average age of your baristas, ice cream scoopers, cashiers, etc. is significantly younger than it was during the winter months. Teenagers taking summer jobs is a common occurrence in California. However, if you are an employer, it is important to know that there is a minimum working age in effect in California. So before you hire that last teenage summer employee be sure to brush up on the minimum working age laws outlined below to ensure you are in compliance with the law. California’s Key Minimum Age for Employment Regulations Under state law, the minimum age to work in California is 14, in most cases. However, California’s Department of Industrial Relations’ website notes that our state’s minimum age for employment varies slightly depending on the nature of the employment opportunity. For instance, consider the following key minimum age for employment regulations that are…
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Statistics Show Speeding a Leading Cause of Car Accidents in San Jose
Most of us live busy lives, doing our best to juggle competing responsibilities in our home, work, and social lives. As a result, it is not uncommon to find ourselves rushing or nervously racing the clock as we head from one activity to another. Unfortunately, the busier we are, the more likely we are to take risks which endanger our safety, and speeding through traffic is one of those risks. One of the leading causes of car accidents in San Jose, speeding not only increases your odds of being involved in an accident, but also increases your chances of suffering serious and potentially life threatening injuries. Speed Related Car Accidents and Injuries The National Highway Traffic Safety Administration (NHTSA) advises that speeding is a factor in more than one third of all car accidents and injuries in the United States, resulting in roughly 10,000 traffic fatalities each year. As a type of aggressive driving behavior, speeding may involve driving over the speed limit or…
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Amicus briefs of scholars in Carpenter
Two have been posted on SSRN: Brief of Amici Curiae Empirical Fourth Amendment Scholars in Support of Petitioner in Carpenter vs. United States Carpenter v. United States: Brief of Scholars of Criminal Procedure and Privacy as Amici Curiae in Support...
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Could Be Worse
[Dr. Frankenstein and Igor are digging up a body from a graveyard] Dr. Frankenstein: What a filthy job. Igor: Could be worse. Dr. Frankenstein: How? Igor: Could be raining. [it starts to pour] -- Young FrankensteinTwo years ago the Mets were in the World Series and last year, despite an up and down season, they made it to the post-season again before losing to the Giants in the Wild Card game. Expectations were high for this year, but we should have known better.Devastating injuries to virtually the entire pitching staff -- what was supposed to be the core of the Met resurgence -- put an early end to any hope of another playoff run. The Met's captain, David Wright, trying to launch a comeback from a series of debilitating injuries never came back. Yoenis Cespedes, the powerful hitter around whom the Mets' offense was built also got hurt, and has not been the same since his return. The rest of the lineup, even…
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Fort Lauderdale Salesman Sentenced to Prison for Tax Evasion
A Fort Lauderdale resident was sentenced to 12 months and one day in prison for tax evasion. According to documents filed with the court, the 53-year-old man evaded paying taxes on more than $1.5 million in income that he earned from 2002 to 2015. Except for the 2007 tax year, the man has not filed an income tax return since 2002. He worked for a Fort Lauderdale company selling hurricane-resistant windows to residential homeowners in South Florida. In August 2009, the Internal Revenue Service (IRS) notified the man of its intent to levy his wages because of his failure to pay taxes. According to reports, the man established his own business and changed his employment status from an employee to an independent contractor to obstruct the IRS’s collection efforts. The man listed himself as the director of the business and opened a business bank account in its name. Due to the man’s change in employment status, his employer paid his business directly and the IRS’s…
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SUIT FILED AGAINST NEW YORK DMV FOR LIFETIME BAN ON CERTAIN DRIVERS WHO POSSESS CERTIFICATES OF GOOD CONDUCT
New York law firm Tilem & Associates has filed an Article 78 lawsuit against the New York State DMV based upon the DMV policy of instituting a lifetime revocation against certain drivers who have multiple alcohol related driving incidents. Although the policy was previously upheld in Court the revocation policy as it pertains to drivers who have had a Certificate of Good Conduct or a Certificate of Relief from Civil Disabilities issued to them is illegal and violated several provisions of New York State Law according to the lawsuit. In 2012 the New York State Department of Motor Vehicles changed its regulations to institute a lifetime ban on what DMV termed “persistently dangerous drivers.” The term persistently dangerous driver applies to drivers who have three alcohol (or drug) related driving offenses and another serious driving offense in a 25 year period. The new regulations have been challenged in Court and have been repeatedly upheld by Courts…
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Short Take: The Back Seat Death
There are things that should never happen, one of which is that a person ends up dead in the back seat of a police cruiser. Yet, 17-year-old Xavier McMullen is very much dead. AKRON, Ohio — A 17-year-old boy in police custody died of a gunshot wound to the head while sitting in the back of an Akron police cruiser, a police spokesman and the Summit County Medical Examiner said. The incident happened about 11 p.m. on 7th Street between Kenmore Boulevard and Maryland Avenue, Akron police Capt. Daniel Zampelli said. Xavier McMullen was later pronounced dead at the scene. An officer found a gun next to McMullen, Zampelli said. McMullen was taken into custody along with two others for an armed robbery. Somehow, the police found their way to three young men. An investigation led investigators to a 7th Street home. The homeowner allowed police inside where they found the three males and took them into custody, Zampelli said. Officers placed the suspects in separate…
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Feds Accuse Four Men of Drug Trafficking in Houston
Drug trafficking is a crime that often crosses state and national borders. It’s usually investigated at a federal level. Recently, four men were arrested for allegedly drug trafficking in Houston. A report in The Examiner stated acting U.S. Attorney Brit Featherston made an announcement on March 7 that four people were arrested. They were charged with drug trafficking in the Eastern District of Texas, after a lengthy investigation. An indictment was returned by a federal grand jury. It was unsealed on March 1. The four men who appeared before a U.S. magistrate charged with conspiracy to distribute heroin and conspiracy to money launder were Harry Martinez, 41, Alexander Ramirez Valencia, 43, and Jeihka Angelica Cuero, 24, all from Colombia. The fourth man is Carlos Ivan Calderon Rosado, 52, of Puerto Rico. The indictment accuses the men of distributing heroin through Southeastern Texas to the New Orleans area for three years from about 2014 until February 2017. Law…
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The Antifa, Reinvented (Updated)
While it doesn’t exactly say so, the New York Times op-ed by Columbia journalism and sociology prof Todd Gitlin gives the clear impression that the Antifa arose to deal with the Naxos in Charlottesville. There is no mention of them existing before, and every reference relates to their fight against the fascism of white supremacy. Were they not the same Antifa that trashed Berkeley last February to prevent Milo from speaking, pepper-sprayed a female Trump supporter, hit a guy on the head with a bike lock? Not if one reads Gitlin’s description. In Mr. Trump’s telling, the presence of antifa activists during the violence in Charlottesville, Va., this month was evidence that the far left is just as violent as the far right: “You know, they show up in the helmets and the black masks, and they’ve got clubs and they’ve got everything.” Surrogates have aped Mr. Trump’s “blame both sides” rhetoric; overnight, antifa —…
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IMPAIRED AND OVER 80 CARE AND CONTROL: What does “Care and Control” Mean
IMPAIRED AND OVER 80 CARE AND CONTROL: What does “Care and Control” Mean "Drinking and Driving" In Canadian criminal law, there are two distinct offences that constitute what is colloquially knows as “drinking and driving”. The two different offences, commonly referred to as “Over 80” and “Impaired” refer to the “drinking” [...]
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Digging Into the Divorce Lifestyle Analysis
In an ordinary lifestyle analysis, the divorce financial analyst extracts all of the transactions from bank, brokerage and credit card statements, categorizes them and calculates totals for each category for the period under analysis. This is an important exercise to assess what the parties to a divorce have historically spent and determining an appropriate level of support. It can also be used to determine whether a spouse was wasting or dissipating marital assets. More importantly, the lifestyle analysis can also be used to uncover hidden income and assets, or help prove that one spouse is living a lifestyle that exceeds the reported sources of income. The typical lifestyle analysis may only scratch the surface of the financial facts of the case, leaving behind important clues about the finances of the parties. Diving deeper can uncover hidden finances that may have otherwise been overlooked. Uncovering Hidden Assets A thorough lifestyle analysis can help discover assets that…
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Short Take: Reform Was The Price of Political Correctness
In a Medium post, Cathy Young provided a detailed and exceptionally kind vision of political correctness. She began with its definition by the ever-dubious Sally Kohn: Political correctness is simple idea everyone should be treated with equal dignity & respect. It’s not cause of terrorism. It’s antidote. Warm, fuzzy, vague and meaningless. As a wag replied, “Pretty sure you mean “The Golden Rule”. Political Correctness is a form of language-control.” Of course, language control doesn’t sound nearly as warm and fuzzy, so it was left off the bumper stickers. But Cathy goes on to provide examples of how the scolds of political correctness work in real life, how it eats its own and treats no one with dignity and respect who doesn’t adhere to the orthodoxy. So far, nothing you don’t already know. A couple of years ago, about six years into the Obama administration, there was serious talk of criminal law reform. Tepid reform,…
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