A laser light show. Painting parties. Rattlesnakes and lizards. The 2016 Oregon State Fair is a diverse affair, set to feature the aforementioned activities and reptiles. And for the first time ever at an American state fair, according to its organizers, there will be an exhibit displaying live marijuana plants, with leaves but no buds. The exhibit is focused on promoting pot cultivation techniques. “It’s not to tempt people to use marijuana,” Donald Morse, executive director of the Oregon Cannabis Business Council and the exhibit’s organizer, told ABC. “It is to educate. Cannabis is Oregon’s newest farm crop.”

Oregon voted to legalize recreational marijuana in November 2014. It’s one of four states plus the District of Columbia to legalize the drug. State fairs are communal gatherings, where the latest in food and culture is often showcased side-by-side with local traditions. A public cannabis exhibit represents an important milestone in erasing the long-held stigma associated with pot since the days of “Reefer Madness.” This year’s exhibit is the logical next step from last year’s fair, which had marijuana information booths. A positive response from fairgoers last year allowed for live plants to be displayed this year, Morse said. 

Nine plants will feature at the fair, which begins on Friday in Salem, a city 50 miles south of Portland. Selected from a cannabis competition last weekend, the nine winning plants will evenly be split between sativa, indica, and a hybrid of the two varieties. Sativa and indica are two major species of the cannabis plant, distinguished by the appearance of their leaves and their psychological effects.

The Oregon Liquor Control Commission is still tweaking the state’s regulations regarding marijuana cultivation, transportation, and consumption. A spokesman said the commission hopes to have licensing laws and regulations finalized by 2017. The current code allows people to grow four pot plants in their private residence. But because a flowering plant–one with buds–is illegal to transport, the plants at the fair will be budless. Dan Cox, a spokesman for the fair, said the marijuana exhibit fits right into the ethos of his state’s annual event: “It is a showcase for traditional things. And yet it’s always been a showplace for the new, the different, and the innovative,” he said.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post At Oregon’s State Fair, a Groundbreaking Attraction: Marijuana Plants appeared first on Law Street.

Since Colorado became one of the first states to formally legalize recreational marijuana, there have been many attempts to stop legalization in its tracks. But the most interesting, and arguably the most promising attempt, was Nebraska and Oklahoma’s lawsuit against Colorado, which allege that since Colorado legalized weed, both states face an increased burden on their law enforcement due to marijuana coming in from Colorado. The Supreme Court dashed both states’ hopes on Monday when it declined to hear the case, but still this might not be the end of the story.

The lawsuit claims that Colorado’s marijuana legalization is unlawful for a number of reasons, from violating the Supremacy Clause of the Constitution, to going against international treaties adopted by the United States. Congress passed the Controlled Substances Act during Nixon’s presidency, which categorized Marijuana as a Schedule I drug making it illegal and placing some of the strictest restrictions on its use and sale. The Supremacy Clause of Article IV of the Constitution states that federal law is the “supreme law of the land” and supersedes state laws, which effectively makes Colorado’s legalization unconstitutional.

The lawsuit claims:

In passing and enforcing Amendment 64, the State of Colorado has created a dangerous gap in the federal drug control system enacted by the United States Congress. Marijuana flows from this gap into neighboring states, undermining Plaintiff States’ own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems.

However, in light of many states’ efforts to legalize marijuana, the Department of Justice (DOJ) issued guidance that largely allows states to move forward without federal interference. Deputy Attorney General James Cole issued a memo highlighting eight enforcement priorities, including things like preventing marijuana distribution to minors and stopping marijuana-related violence. But the memo notes that “Outside of these enforcement priorities, the federal government has traditionally relied on states and local law enforcement agencies to address marijuana activity through enforcement of their own narcotics laws.” He further says that if state laws sufficiently regulate marijuana to deal with the DOJ’s enforcement priorities, then the federal government will largely leave states alone. This essentially meant that states would be free to legalize as long as they created a strong enough regulatory system to protect the priorities outlined by the DOJ.

So that explains why the federal government didn’t stop the legalization, but what happens when others challenge the law? That’s how we got here, with Nebraska and Oklahoma suing Colorado after voters passed Amendment 64 back in 2012. The lawsuit was sent directly to the Supreme Court, which has “original jurisdiction” over disputes between states, meaning that such cases begin at the Supreme Court and do not need to go through the traditional appellate process first.

After the Supreme Court declined to hear the lawsuit, Justices Thomas and Alito–both of whom are pretty conservative–dissented primarily because of the nature of the court’s original jurisdiction. In his dissent, Justice Thomas writes, “Federal law is unambiguous: If there is a controversy between two States, this Court—and only this Court—has jurisdiction over it.” He argues that, regardless of his or the other justices’ desired outcomes, the court has a duty to hear the case because it is the only body that can resolve these disputes.

But others have noted that the Nebraska and Oklahoma’s attorneys general still may be able to take the case to a lower court. Robert Mikos, a professor at Vanderbilt University Law School, told the Cannabist that the two states could pursue their case in a district court. Prior to the Supreme Court’s decision, Solicitor General Donald Verrilli filed a brief calling for them to not take up the case. He claimed that doing so would be a “unwarranted expansion of the Court’s original jurisdiction” because it would need to argue that one state’s laws caused the illegal actions of people in bordering states. He also argues that hearing the case would be unwarranted because the dispute could be handled by a circuit court.

Many were not surprised when the court ultimately declined to hear the case. Cases between states are typically pretty rare and the court has often refused to hear them in the past. As the Federal Judicial Center notes, “Since 1960, the Court has received fewer than 140 motions for leave to file original cases, nearly half of which were denied a hearing.” Now it’s up to the Nebraska and Oklahoma to decide whether they want to pursue the case in a different court.

Kevin Rizzo

Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

The post Marijuana Remains Legal in Colorado, SCOTUS Declines to Hear Lawsuit appeared first on Law Street.

Oregon’s first week of selling legalized marijuana has been, by pretty much all accounts, a success. The first week of sales topped an estimated $11 million, blowing sales from other states with legalized weed, including Colorado and Washington, out of the water. If those sales keep up, Oregon can expect to see a pretty noticeable bump in new revenue when the sales taxes kick in this January.

Oregon began selling legal marijuana for recreational uses on October 1, after Ballot Measure 91 to legalize it was successful during the 2014 midterm elections. Just over 56 percent of voters voted to legalize marijuana, and the state took almost a year to put in place the necessary regulations and protocols to sell legalized week. However, there are still some aspects of the industry that are being sorted out.

Currently, only adults 21 and older are allowed to purchase marijuana. Only “flower and dry leaf products, plants, and seeds” are being sold and there are restrictions on the amounts of those items that are able to be sold. Other products, like edibles, are still not being sold to recreational users as some regulation kinks are worked out, but are still available to medical marijuana license holders.

Currently, only licensed medical marijuana dispensaries are allowed to sell the products; there are roughly 200 of those in Oregon. There are plans to begin allowing standalone stores dedicated to selling legalized marijuana sometime next year. Additionally, there are some places where legalized marijuana won’t be sold in Oregon, as the state has allowed individual cities and counties to prohibit the sale.

One the first day of sales–October 1–the Oregon Retail Cannabis Association estimated that there was roughly $3.5 million in sales. This is good news for the state, given that it set a tax revenue goal of $9 million for the first fiscal year. Recreational marijuana won’t be taxed in Oregon until January, at 25 percent. The Oregon Retail Cannabis Association is very optimistic about that $9 million goal–it believes that the tax revenue brought in will be three to four times as much.

So far Oregon’s foray into legalized marijuana has been a success, even just a week in. While there are still regulations that need to be figured out, and the addition of taxes in January may slow down some sales, Oregon is on its way to being a great economic example in the argument for legalizing marijuana.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Oregon’s First Week of Legalized Weed Sales Rakes in $11 Million appeared first on Law Street.

Everybody has an opinion about marijuana (and, as my cousin who is about to start his freshman year of college at the University of Colorado-Boulder will attest, they are not afraid to state that opinion when they learn someone is moving to a pot-legalized state.)

It can be a real lightening rod of controversy. No, really. It can actually be a lightning rod. And Jaroslav Kratky had to learn this the hard way.

The Lightning Round: A Quick Retelling of the Story

Where there is smoke, there is often fire. But sometimes the smoke and fire have nothing to do with each other. For example, let’s say that a bad storm caused a lot of lightning in a Florida town and when it struck, it caused some fires.

Now let’s say that while putting out said fires, a marijuana grow-house (i.e., the smoke) was discovered. Kratky would like for this all to have been a hypothetical story, but alas for him, it was all too real.

Courtesy of Giphy.

After the fire was put out and the police had obtained a search warrant, they confiscated 15 indoor plants, seven outdoor plants, and one large suitcase filled with packaged pot. All in all, 8.5 pounds of pot were brought into evidence.

As you might imagine, catching someone with this amount of marijuana leads to some charges. Kratky was arrested and charged with production/cultivation of marijuana within 1000 feet of a school or church as well as possession of over 20 grams of marijuana.

What could he possibly say to get out of that?

Greased Lightning: Mr. Kratky’s Defenses

The expression throw mud at the wall and see what sticks, or whatever variation you know, basically means that if you don’t know if anything will work, just try everything and hope that something does.

Now, any good definition will also include an example to demonstrate it. Here is mine:

When Kratky was arrested after police found a lot of pot at his house, he needed a good defense but could not decide what to go with. So he decided to throw mud at the wall and see what sticks. In other words, he claimed all of the following.

• I am a hoarder. I am a packrat. I collect things, and when I am collecting junk, you never know what I might accidently get. For example, somebody may just give me a suitcase full of weed and some magic seeds (or at least some seeds that make me feel magical). How am I supposed to know what they are? I’m just a junkman.
• Marijuana? What! That’s not marijuana. They’re just ragweeds. Doesn’t everybody keep a load of packaged ragweeds in their house? You know. Just in case a spontaneous ragweed collector’s conference pops up last minute. Oh? Wait. You did a test and found that it was marijuana? Hmm. I hadn’t expected that.
• What’s the big deal? Marijuana is practically legal everywhere now. [In a really whiny voice:] I mean, Washington’s government lets them do it. And Colorado’s government lets them do it. Why can’t I? You are so uncool. (To which the police reply, “Do I look like Colorado or Washington’s government? If everybody in those states jumped off a bridge, would you jump too?”)
• Um. You mean that marijuana. Sorry, I thought we were talking about something else entirely. Yes. That marijuana is mine. It is used for medicinal purposes. Now that we have that cleared up, I’ll just be on my way. Bye!

Courtesy of Giphy.

(Parts of these were exaggerated for dramatic effect. However, I assure you, at their heart–meaning the texts in italics–these were all things Kratky tried to claim.)

Do you think any of that mud will stick?

Lightening Never Strikes the Same Place Twice: Conclusions

I think if there was really one thing to learn in this story, it is that Mother Nature has no problem with being a tattle-telling narc. It doesn’t matter how well you keep your drug lair hidden, if she decides she wants to make you suffer, she will not hesitate to send out a smoke signal to the authorities, letting them know all about your whereabouts.

Courtesy of Giphy.

Now normally I would point out that if you were looking for a good place to start growing some weed, then Kratky’s house might be a great option. After all, I’ve heard that lightning never strikes the same place twice.

However, not only does this story teach us that we can’t trust Mother Nature, it also teaches us that the originators of this idiom do not know what they are talking about. Lightning can strike the same place twice. And I have proof.

The weekend before the pot was discovered, firepeople had been called to put out a boat that was on fire after having been struck by lightning. And, as I am sure you have guessed by this point, that boat was in the Kratky’s back yard.

After the boat was declared a total loss, the Kratkys were not that upset. After all, they said, the boat wasn’t worth anything. I wonder if they will have the same sanguine thoughts after this fire? Somehow I doubt it.

I guess if there is really one thing we can learn in this story is that it doesn’t matter where you go. It doesn’t matter how careful you are. If it is in your destiny to get caught, you will get caught one way or the other. So if you are doing anything illegal in your backyard, you might want to make sure you are doing it in a fire safe place. Good luck!*

*This is a fictitious good luck. I am in no way actually encouraging people to do illegal things and wishing them real luck in their efforts.

Ashley Shaw

Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

The post Stormy Times Ahead: Lightning Discovers Marijuana Grow House appeared first on Law Street.