Legal recreational marijuana sales officially began Wednesday in Uruguay at pharmacies all across the South American nation. Authorities report that nearly 5,000 people have already signed up for the national registry.

While the program is the first of its kind–Uruguay is the first nation to fully legalize the production and sale of recreational marijuana–it isn’t a cannabis free-for-all. It comes with some restrictions:

• All buyers need to officially register with the country’s national registry, and must be 18 years or older.
• Buyers’ fingerprints must be scanned at every purchase.
• You can only buy up to 10g (0.35oz) a week and no more than 40g a month.
• There are also only two strains available: Alpha 1 and Beta 1.
• Marijuana tourism is a “no go,” as foreigners are prohibited from registering.

Reportedly, about 70 percent of people who had registered to buy marijuana from pharmacies were men, most of them aged 30-44.

As previously mentioned, Uruguay’s market is significantly cheaper than those in the United States. Pharmacies began selling the drug at $1.30 per gram compared to $5-$15 per gram in legal American states. The government hopes that by pricing marijuana below black market prices, it will undercut drug traffickers.

Queues form outside pharmacies after Uruguay has legalised both the sale and the production of cannabis https://t.co/i1L1WNqPKJ pic.twitter.com/gjcSSsaDDg

— Ruptly (@Ruptly) July 20, 2017

“These are measures designed to help people who are already users without encouraging others who don’t consume,” Alejandro Antalich, the vice president of the Center of Pharmacies in Uruguay, an industry group, told the New York Times. “If this works as planned, other countries could adopt it as a model.”

Will Uruguay Impact the U.S.?

It’s hard to say. The U.S. has had its hits and misses when it comes to adopting marijuana legislation. Colorado saw roughly $1.1 billion in legal sales of medical and recreational marijuana last year, while Nevada’s highly anticipated recreational launch proved to be a bit of an embarrassment thanks to unsolved distribution supply chain issues.

If Uruguay’s model proves successful, it could prove to be a workable template for more legalization efforts in America

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Recreational Marijuana Sales Start in Uruguay appeared first on Law Street.

Orenthal James “OJ” Simpson, the Hall of Fame NFL running back who was once lauded for his speed and ability to escape defenders on the field is now equally as recognizable for his ability to escape lengthy prison sentences.

On Thursday, a Nevada Parole Board unanimously voted 4-0 in favor of granting OJ Simpson an early release on his 33-year sentence for a bizarre incident that took place in a Las Vegas hotel in 2007. Simpson, along with other armed men, attempted to reclaim sports memorabilia items that he claimed were stolen from him. Simpson was convicted of armed robbery, attempted kidnapping, and assault in 2008 and is set to be released as early as October 1.

But Simpson is far more notorious for his involvement in what was known as “the trial of the century. ” He was accused and eventually acquitted of murdering his ex-wife Nicole Brown Simpson and her friend Ron Goldman in Nicole’s home in Brentwood, California in June of 1994.

Tony Corda, one of the parole commissioners on the hearing, cited as his reasoning that Simpson was at “low risk to re-offend” and the board felt that he had served enough time based on his criminal actions as well as his good behavior in prison.

During his hearing Simpson expressed remorse for his actions, saying: “I am sorry the things turned out the way they did…I had no intention to commit a crime.” But Simpson also expressed that he felt that he had served his time and that he deserved to become a free man.

So what are the legal ramifications for Simpson’s parole? His parole will likely be set to expire on September 29, 2022. Based on Nevada law he must submit written reports to his parole officer every month, and he will be subjected to random drug and alcohol screenings. If he violates the terms of his parole in any way he can be sent back to prison.

He did indicate to the parole board during his hearing that if granted parole he wished to return to his home state of Florida, saying: “I can easily stay in Nevada, but I don’t think you guys want me here,”

Whether this request will be granted or not depends on a couple of factors. Florida has to first confirm that Simpson is eligible to complete parole in the state, and he needs to have an approved place to live. The home that he bought in Miami in 2000 was foreclosed upon in 2012, so that seems like an unlikely destination for now.

But money shouldn’t be a big problem for Simpson, despite the fact that he is still responsible for paying damages from a multi-million dollar lawsuit to Ron Goldman’s family. He is still receiving his NFL pension. Based on his time in the NFL, ESPN estimated that OJ could have made up to $600,000 while in prison.

Simpson had managed to live a relatively media-free life since his conviction, but after the release of two enormously successful television series based on his life, he has been thrust back into the pop culture news scene. So when word broke that Simpson will be getting out of prison, social media exploded:

OJ Granted Parole! @RealDonaldTrump, You got a position for OJ in your Administration. This Murderer is gonna need a job! #OJSimpsonParole pic.twitter.com/7nF6si1Izx

— stacey roberts (@1sroberts) July 20, 2017

OJ Simpson has been granted parole. As awful as it is, the board had to follow the law + not consider past behavior he wasn’t convicted for

— Yashar Ali (@yashar) July 20, 2017

POLL: Should OJ Simpson be granted parole? 888-788-9910 #ToddStarnesShow #OJSimpsonParole

— toddstarnes (@toddstarnes) July 20, 2017

James Levinson

James Levinson is an Editorial intern at Law Street Media and a native of the greater New York City Region. He is currently a rising junior at George Washington University where he is pursuing a B.A in Political Communications and Economics. Contact James at staff@LawStreetMedia.com

The post OJ Will Be Free: Here’s What You Need to Know appeared first on Law Street.

Nevada approved emergency marijuana regulations Thursday, aiming to fix the state’s marijuana “state of emergency.” The Nevada Tax Commission voted unanimously to expand the definition of who is allowed to transport marijuana from cultivation facilities to retail dispensaries.

Under the expanded regulations, distributors previously operating in Nevada’s medical marijuana program, which was implemented in the state in 2001, would be able to be awarded licenses, according to the Las Vegas Sun.

How Did We Get Here?

A bureaucratic bottleneck turned Nevada’s recreational marijuana launch into a distribution disaster. The state rushed its July 1 launch, without awarding any distribution licenses to alcohol wholesalers, who maintain a transport monopoly for the first 18 months of sales.

With no timeline for when the supply chain issues would be fixed, retailers stockpiled marijuana based off initial sales estimates. But as marijuana flew off the shelves at record numbers, dispensaries couldn’t keep up. Available product wasn’t the issue; in fact, growers still possessed plenty of marijuana. But with no legal way of transporting it to licensed retailers, the market was left in a legal limbo.

Gov. Brian Sandoval declared a marijuana state of emergency less than a week after the market launch in an effort to fix the shortage problems and keep the fledgling market up and running. If left unfixed, thousands could have found themselves out of a job and the state would inevitably lose out on some of the money it budgeted toward beefing up public education.

“When businesses operate we get the tax revenue and that’s what the state wants,” testified Deonne Contine, director of the Nevada Department of Taxation, at the emergency hearing in Carson City. “We need to do everything we can to get more distributors licensed so these businesses can continue operating.”

First Distribution Licenses Awarded

The Department of Taxation issued its first distribution license Wednesday to Crooked Wine Co., a Reno based alcohol wholesaler, according to Stephanie Klapstein, spokeswoman for the department.

Crooked Wine signed an operation agreement to work with Blackbird Logistics Corporation, an established medical marijuana distributor also based in Reno, which began shipping product almost immediately. According to the Reno Gazette-Journal, “Crooked will have the license, but Blackbird will be in charge of the on-the-ground duties.”

A second license was issued Thursday to Rebel Wine, a Las Vegas-based wholesale alcohol distributor.

Contine said it’s too early to tell whether the alcohol wholesalers will be able to handle the demand statewide. She said one of the new licensees is “pretty stressed out about what he’s going to be asked to do.”

“There’s room in this market for plenty of more,” Contine said, adding that she’s hopeful some additional alcohol wholesalers could be licensed in the days or weeks ahead.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Nevada Approves Emergency Marijuana Regulations to Fix Supply Shortage appeared first on Law Street.

Nevada is already in the midst of a full blown marijuana “state of emergency,” as the state’s fledgling recreational market struggles to keep legal pot from flying off the shelves.

On Friday, Gov. Brian Sandoval endorsed the state of emergency, allowing state officials to adopt “emergency marijuana regulation” in order to accommodate for the unplanned pot shortage.

The 47 retail stores licensed to sell marijuana in the state began selling recreational marijuana from their stockpiles starting July 1. According to the Department of Taxation, Nevada’s marijuana sales have exceeded the industry’s original estimates–the opening weekend resulted in “well over” 40,000 transactions.

The Nevada Dispensary Association estimated that dispensaries made about $3 million in sales–with the state netting about $1 million in tax revenue–in the first four days of legalization.

Some dispensaries need new shipments of product asap, but logistical issues have thrown a major wrench in distribution. Wholesale alcohol distributors have exclusive rights to transport wholesale marijuana for the first 18 months of legal sales, but the state has issued zero distribution licenses due to legal issues, incomplete applications, and zoning laws.

“Unless the issue with distributor licensing is resolved quickly, the inability to deliver product to the retail stores will result in many of these employees losing their jobs and will cause this nascent industry to grind to a halt,”  Sandoval said in a statement.

The state tried to fix the distribution problem earlier this year by opening up the licenses to other types of businesses, but the liquor wholesalers successfully sued to keep their transport monopoly.

If left unfixed, Stephanie Klapstein, a spokesperson for the Department of Taxation, says the halt in marijuana sales will also lead to “a hole in the state’s school budget.” A 15 percent tax on the cultivation of marijuana generates revenue for schools, while the 10 percent sales tax can be used for the state’s rainy day fund.

The Nevada Tax Commission will vote on the regulations to fix the supply-chain issues on Thursday.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Nevada Declares Weed “State of Emergency” After Sales Exceed Expectations appeared first on Law Street.

All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.

State of Weed: Watch

Nevada Prepares to Rake in the Dough Thanks to New Legal Weed Market

Starting July 1, Nevada began recreational marijuana sales. As a result, Las Vegas is expected to see a major tourism boom. An Economic and Fiscal Benefits Analysis prepared by Las Vegas-based RCG Economics in conjunction with the Marijuana Policy Group predicts that the state will actually rake in $393 million in annual sales of adult-use marijuana in 2018, and that the number will rise to a staggering $486 million by 2024. California, Maine, and Massachusetts are expected to begin recreational marijuana sales next year.

Denver Finalizes First Social Marijuana Use Program 

Denver’s top licensing official has unveiled final rules for the state’s pilot social-use program, which would allow some patrons to use marijuana in certain public settings. The four-year pilot program, the first of its kind in the nation, will allow businesses to apply for $2,000 social-use licenses to allow patrons the ability to BYOW (bring your own weed). According to the new rules, the licensing department will also no longer require businesses with consumption area permits to have customers sign waivers as they enter.

Arkansas is Now Accepting Medical Marijuana Applications

Arkansas is one step closer to offering medical marijuana to patients with select medical conditions. Prospective patients can now apply for medical marijuana cards on the state Department of Health site. Voters approved the Arkansas Medical Marijuana Amendment last November. Applicants will need to have an email address, a written certification from their physician, and a state-issued ID to apply, and must pay a nonrefundable $50 fee. According to the Associated Press, the state Department of Health expects anywhere from 20,000 to 40,000 people to apply to use the drug.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”

Law Street Cannabis Coverage

Officer Who Shot Philando Castile Says Smell of Marijuana Made Him Fear For His Life

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Cannabis in America July 2017: Sin City Welcomes Legal Weed appeared first on Law Street.

Just a few years ago, it seemed like you couldn’t watch a sporting event without seeing advertisements for daily fantasy sports leagues like Draft Kings or Fan Duel. Before the 2015 NFL season these companies spent nearly $500 million on advertisements, but after consumer concerns arose, they cut their advertising budgets.

After multiple lawsuits against the industry, the companies are fighting for their existence amid accusations that they fall under the same legal category as traditional online gambling.

A new study from Rutgers University on gambling in New Jersey concludes that daily fantasy sports (DFS) users exhibit highly similar habits as those who engage in traditional forms of gambling. It also finds that there is a high crossover between the two activities. This is bad news for an industry that has tried to distance itself from gambling in order to win lawsuits and continue operation. The study’s authors wrote:

A majority of activities listed in this study are historically classified and widely accepted as ‘gambling,’ because they involve spending money on activities with an uncertain outcome and the possibility of winning or losing that can result in harm. However, other activities elude precise classification and are largely context and jurisdiction‐dependent.

The key distinction for these companies is whether their games are based on skill, not chance. This stems from the Unlawful Internet Gambling Enforcement Act (UIGEA) passed by Congress in 2006, which makes a distinction between the two forms of gambling and outlawed only games that require no skill.

Fan Duel, which opened in 2009, was the first major daily fantasy sports company before Draft Kings, its main competitor, opened in 2011. First, they experienced massive growth and profits before running into legal problems.

To learn more about daily fantasy sports check out Law Street’s Explainer.

These companies, and their users, must prove to the courts that they are winning massive amounts because of skill and hard work, not pure luck like traditional gambling games.

Those who argue that DFS is skill-based believe it’s clear the games aren’t random because of the overwhelming success of experienced players. While normal gambling games such as roulette or slots don’t favor someone with experience, these games show that the most winners have dedicated themselves to the craft.

While many users casually play the games, others have dedicated themselves to the game, and some manage to earn six-figure payouts in just one month.

In fact, 1 percent of players win around 91 percent of the profits from DFS  sites, according to a study by gambling expert Ed Miller. Miller argues this is evidence of a surplus of skill exhibited by the top bettors, whom he refers to as “sharks,” who feast on the “minnows,” which are novice gamblers who lose over 50 percent of their investments.

On the other hand, those who argue the game is just gambling cite evidence that knowledge of the actual sports doesn’t help win the game. Instead, it’s just about algorithms, gaming the system, and luck, they argue.

Even former Florida governor and presidential candidate Jeb Bush called it, “day trading without any of the regulation” during one debate in the 2016 campaign. The lack of oversight is yet another reason many hope for government intervention in the industry.

In recent years, the industry has faced lawsuits across America while states such as Nevada and New York barred them and defined them as gambling. In 2015 both states booted daily fantasy sports companies from their states.

But in late 2016, New York and Nevada compromised with the companies.

New York’s ban was particularly impactful because the Fan Duel headquarters is located in the Big Apple. However, Governor Andrew Cuomo later signed a law in classifying DFS as a “game of skill,” which allowed them to continue business in the state.

Meanwhile, Nevada decided that the companies need a gambling license to operate, but only one company–USFantasy–has applied and received a license as of last November, according to the Legal Sports Report. The policy means that daily fantasy sports is considered gambling in the state, allowing DFS companies to operate under the same regulation as traditional gambling. However, given the industry’s efforts to identify itself as a game of skill, many DFS companies have been unwilling to participate with a gambling classification.

In Texas, state Attorney General Ken Paxton issued an opinion last year equating DFS with illegal gambling, which prompted lawmakers to craft a bill formally classifying DFS as games of skill. State Rep. Richard Peña Raymond, a fantasy football lover himself, decided to sign onto the bill after speaking with constituents who worried about government interference, he told the Texas Tribune.

So while the Rutgers study finds that DFS users also tend to engage in traditional gambling–and are susceptible to similar gambling and drug-related problems–many states are working with these companies to continue operation.

The new study doesn’t necessarily mean that legal changes are coming down the road, but it furthers research that will help inform future decisions. The legality of DFS is a complex issue that must weigh the economic benefits of gambling for local taxes and the negative impact that it can have on individuals and their families.

Josh Schmidt

Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

The post Is Daily Fantasy Sports a Form of Online Gambling? appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

NSA Contractor Charged with Leaking Classified Info on Russian Hacking

Yesterday, more information came to light about a top-secret NSA report regarding the Russian involvement in the presidential election last year. The document stated that Russian hackers did attack at least one company providing voting software, just days before the election. It also states that Russian military intelligence was responsible for the cyber attack.

.@theintercept blew its source’s cover by giving the NSA a copy of the leaked document, according to @nytimes https://t.co/PG73Pqe4ZX

— Josh Rogin (@joshrogin) June 6, 2017

Barely an hour after the article was published online by the Intercept, the Justice Department charged the suspected leaker with sharing classified material with a news organization. The suspect is Reality Winner, a 25-year-old federal contractor at the NSA. According to the government, there is evidence that Winner printed the documents and was in touch with the Intercept. She is the first alleged leaker arrested under President Donald Trump, who has said he wants to crack down on leaks. Now a lot of people are applauding Winner for sharing the information, and for having a pretty cool name.

Daily Recap: Woman named Reality Winner leaked info showing Russia tried to hack elections that gave us a POTUS many think is Surreal Loser.

— Ana Navarro (@ananavarro) June 6, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: June 6, 2017 appeared first on Law Street.

All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.

State of Weed: Watch

Don’t Give Up on Recreational Marijuana, Vermont!

Vermont still has a chance to become the ninth state, in addition to the District of Columbia, to legalize recreational marijuana, even after Governor Phil Scott’s down-to-the-wire veto last month. The Republican governor told the Associated Press that negotiations are currently in the works to address his concerns regarding public safety. If the governor strikes a deal with legislative leaders, he says he’ll reach out to House Republicans to encourage them not to block the passage of the bill.

California Could Become a “Sanctuary State” from Federal Pot Law

California just became that much closer to becoming a safe haven for legal marijuana users. The state assembly approved a bill Thursday that would make California a “sanctuary state,” where local and state police would be barred, without a court order, from helping federal drug agents arrest people complying with state laws. Despite some opposition from law enforcement, AB 1578 managed to narrowly pass with a majority 41-32 votes. The bill is now awaiting the Senate’s consideration.

Nevada’s Weed Launch Date in Peril Thanks to Liquor Lawsuit

If you have dreams of smoking legal marijuana in Sin City, I wouldn’t plan on booking a Las Vegas vacay anytime soon. Nevada’s July 1 recreational marijuana launch date is in jeopardy after a district judge prohibited the Department of Taxation from issuing cannabis distribution licenses under the adopted regulations. The order comes in response to a lawsuit filed by liquor wholesalers, who claim the legislative measure gives them exclusive rights to marijuana distribution licenses for the first 18 months of sales.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”

Law Street Cannabis Coverage

What is a Marijuana Lawyer?

Three Questions: Exclusive Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

There is no question the cannabis industry is growing rapidly, and as more states legalize marijuana, more business will crop up. For Michah Tapman, the Managing Director of Canopy, a Boulder-based venture capital firm that invests in cannabis-related technology and services, the future is here now. Law Street’s Alec Siegel spoke with Tapman about what he looks for in a potential investment, the future of the cannabis industry, and more.

AS: What do you look for in a cannabis start-up?

MT: The number one investment criteria for us is the people. Because laws and regulations are changing so quickly, people need to be flexible, very well educated, coachable, and willing to make changes. One thing we know about the industry is that it won’t look tomorrow like it does today. Like any high growth industry, you need to know how to adapt.

AS:  Have you or the companies you work with adapted in any way since the Trump Administration came into office?

MT: The Administration definitely has scared a lot of people. Personally, [Attorney General] Jeff Sessions is opposed to marijuana. But from a policy point of view, neither Trump nor Sessions has made a policy statement indicating that they’ll crack down. They have concerns about medical marijuana, but those are personal statements. That doesn’t mean my business and my policy is going to change.

AS: How do you see the cannabis industry changing over the next five to 10 years?

MT: I see a seismic shift in the level of sophistication for cultivation. Drastic price reduction both in production costs and retail pricing, consolidation, and then fragmentation. [The cannabis industry] is not going to have a lot of mid-market players in my opinion. That will be driven by efficiencies. [Cannabis] is going to legalize. The question is when. As an investor what I’m betting on is people that are able to adapt to changing environments.

Cannabis Culture

Americans Buy More Marijuana Than Ice Cream

By Alexis Evans

Believe it or not, but Americans will probably spend more money on weed this year than ice cream. A new report from Marijuana Biz Daily expects retail sales to increase by more than 30 percent, hitting somewhere from $5 billion to $6 billion in 2017. The estimated total demand, however, for marijuana in the United States, including the black market, is around $45 billion to $50 billion. Find out more here.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Cannabis in America June 2017: Check Out This Venture Capitalist’s Take on Cannabis appeared first on Law Street.

While people anxiously awaited the results of the 2016 presidential election, Marijuana legalization–one of the nation’s top categories of ballot measures–had a strong and decisive night. Four states joined Alaska, Colorado, Oregon, Washington, and the District of Columbia in legalizing recreational marijuana for adults 21 years and older. Find out how America voted below!

Arizona

“Arizona” courtesy of Gordon Wrigley; License: (CC BY 2.0)

Results: Rejected

Proposition 205 would have legalized recreational marijuana for those over 21. It would have also created a 15 percent sales tax on marijuana that would be distributed to public health and education services.

Analysis: Arizona rejected Prop 205 with 52 percent voting against the measure and 48 percent voting in favor, as of Wednesday morning with 98 percent of the votes reported.

Opponents took issues with the measure’s caveat that would have created a monopoly on the marijuana industry in Arizona. Others argued that the legalization would increase drug trafficking and cause an increase in teen use and deadly car crashes tied to marijuana.

For more information on marijuana legalization state by state, click here for “The State of Weed.”

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Election Results: How Did States Vote on Recreational Marijuana? appeared first on Law Street.

If Trump loses the election tonight, he’s definitely not going down without a fight. The Republican presidential nominee has already filed a lawsuit against the state of Nevada over an early voting dispute.

The lawsuit accuses Clark County, Nevada, of keeping the polls open “two hours beyond the designated closing time” Friday night. The polling locations closed at 7 PM; however, some polling locations were kept open until 10 PM to accommodate voters waiting in line.

Nevada state law requires that voters be allowed to cast their ballots if they have entered a polling place, or are physically waiting in line to vote at the time of closing.

As it just so happens, the Las Vegas polling places targeted in the suit happen to be home to large Hispanic populations–and Hillary Clinton has a significant advantage over Donald Trump with Hispanic voters.

The Trump campaign called the extended voting times evidence of a “rigged system,” and alleged that Clark Country voting registrar Joe Gloria’s actions “very much appear to have been intentionally coordinated with Democratic activists.”

According to Business Insider, Judge Gloria Sturman denied Trump’s lawyer’s request for Gloria to preserve the names of the poll workers who permitted the late voting–mainly because he is already legally required to do so.

“I don’t get what you’re asking,” Judge Sturman told David Lee, a lawyer with the Trump campaign.

“I can’t obligate [Gloria] to do something he’s already obligated to do,” Sturman said. “This is Election Day. He has other things to be doing.”

Sturman maintained that she would not expose the poll workers to harassment and an army of Twitter trolls, especially when “they’re not here to defend themselves.”

Trump’s lawyers also requested that the votes cast after 7 PM not be “co-mingled” with the other votes, but that request was shot down as well.

While Trump may not have been successful in what very well may be his first attempt at proving voter fraud, it’s very clear that he’s steadfast in disputing the election if the results don’t swing in his favor.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Trump Campaign Sues Nevada For Keeping Early Voting Polls Open Late appeared first on Law Street.

In key battleground states and some Republican strongholds, early voting trends appear more favorable to Democrats this year compared with the same time last cycle. With less than two weeks to Election Day, 13.4 million voters have cast ballots by mail or in person in 37 states. For starters, the early vote total is far higher than during the same period in 2012. Forty percent of the electorate, or 46 million people, are expected to vote before Election Day on November 8. Below are some takeaways from a handful of key states.

North Carolina

Republican Mitt Romney won this vital battleground state in 2012. But if current trends hold, it seems the state could swing to the left. Fewer people have voted early in North Carolina this year compared to 2012, but of those who have, 46 percent are Democrats and 29 percent are Republicans.

According to a CNN analysis of the early votes, Hillary Clinton, the Democratic nominee, will need a strong turnout from African-American voters to capture the state. Their share of the electorate is down five percent from 2012. In the most recent poll, Clinton leads Donald Trump, the Republican nominee, by seven points.

Florida

The Sunshine State went to Democrat Barack Obama in 2008 and 2012. Democrats seem poised to repeat their victory there on November 8. Two million ballots have been cast in Florida so far, with the two major parties in a dead heat, each garnering 41 percent of the voters. This bodes well for Democrats: at the same point in 2008 (the most recent available data) Republican voters cast 113,222 more votes than Democrats, according to CNN.

This could be due to changing demographics: the Hispanic portion of the electorate is up four percent in Florida from 2008, while the share of whites has dropped from 82 percent in 2008 to roughly 77 percent this year. But the most recent poll shows Trump edging Clinton by two percentage points in Florida.

Red to Blue?

Some traditionally purple states are showing signs of turning blue, including Nevada and Colorado. Democrats have cast 46 percent of the ballots in Nevada thus far, compared to 35 percent for the GOP. In Colorado, over 400,000 people have cast early ballots, 40 percent Democrats and 34 percent Republicans. CNN’s analysis of the early vote data shows the Democrats with a 15,000 vote lead, which is slightly more than they had in 2012. Obama won Nevada in 2012, though recent polls show a tie between Clinton and Trump.

Historically, Nevada is not necessarily a Republican shoo-in. Bill Clinton won there in 1992 and 1996. George W. Bush won there in 2000 and 2004. And President Obama won in 2008 and 2012. The past two decades or so in Colorado are nearly identical, aside from the 1996 election, when Bob Dole picked up its eight electoral votes.

Obama won Colorado in 2012, but compared to the same early voting period, Republicans held a slight lead. This year, Democrats are up by about 10,000 votes, according to CNN.

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 The Road to 270: A Look at Early Voting Trends in 2016 appeared first on Law Street.

In an America where marijuana laws are being liberalized and the drug itself de-stigmatized, drivers who are found with traces of a cannabinoid in their blood can incur similar punishments in some states to those who drive under the influence of alcohol, a much deadlier exercise.

Marijuana researchers have been publishing studies over the past few years that have found marijuana to be a less dangerous substance than alcohol, and a recent study by the AAA Foundation for Public Safety appears to substantiate those claims when it comes to criminalizing drivers: “Legal limits, also known as per se limits, for marijuana and driving are arbitrary and unsupported by science.”

At the moment, drivers in Montana, Washington, Pennsylvania, Ohio, Nevada, and Colorado are convicted of a DUI if they are found with a certain amount of a cannabinoid–THC, hydroxy-THC or carboy-THC–in their bloodstream. And similar to a DUI involving alcohol, this can result in hefty fines or even a lengthy prison stay. The problem is that THC can linger in a user’s bloodstream for days after actively ingesting the drug, whether for recreation or medical purposes, so a driver can be perfectly safe and sober while driving yet convicted of a crime because of an action taken a day or more prior. 

Michael L. Becker of the Las Vegas Defense Group and one of Nevada’s top criminal defense lawyers called the law “hypocritical”; that in a state where medical marijuana is legal it is possible for someone who uses the drug as a medicine one day and then is found with it in his or her bloodstream days later can be found guilty of a DUI offense.

“I’ve had cases where prosecutors have said to me ‘I know your client wasn’t under the influence, but I can prove he has metabolized marijuana in his system’,” Becker said in a phone interview with Law Street, pointing to cases in which a client’s body is still processing marijuana from a dose taken a day or more prior to when an arrest is made. “People are literally being prosecuted where everybody knows they weren’t even high.”

The current threshold for what is considered above the legal limit in Nevada is two nanograms of THC per milliliter of blood, lower than the five milliliter threshold in Colorado and Washington, both of which have legalized marijuana completely. The new study by the AAA Foundation for Traffic Safety used psychophysical tests (walk-and-turn, finger-to-nose) and physical indicators (bloodshot eyes, pupil dilation) on drivers who had consumed marijuana and those who had not, and determined quantifiable thresholds for THC “cannot be scientifically supported.”

That’s not to say driving high poses no danger whatsoever. Being under the influence of marijuana while driving doubles the chances of a crash, a figure most researchers accept. But according to a study from 2014, 20-year-olds who drive with an illegal amount of alcohol in their system (above 0.08 percent) are twenty times as likely to crash. The researcher who conducted that study, Eduardo Romano, told The New York Times, “Despite our results, I still think that marijuana contributes to crash risk, only that its contribution is not as important as it was expected.”

So how can THC levels be accurately quantified in determining whether a driver is under the influence of cannabis, and above the legal threshold, if not by blood-THC content?

There is hardly a consensus among researchers, partially because they are limited in their research since cannabis is classified as a Schedule I drug in the U.S., meaning any research into it requires a special permit. Experts see saliva sampling as a promising alternative to blood testing, but the jury is out until more research is conducted.

While scientists try to figure out more reasonable ways of measuring the dangers of driving stoned, Becker, the lawyer in Las Vegas, continues to help his clients navigate the ironic situation of being legally allowed to use a drug that could put them in jail days after using it, if it’s in their system while they’re later behind the wheel. Becker wasn’t able to give an exact number of clients he represents who find themselves in this quandary, but he said it does happen.

And as marijuana is decriminalized and used more frequently, “[the law] is going to impact more people,” he said. Nevada’s law–drafted at a time when “communities were fearful and anti-marijuana”–has been examined for a repeal, but according to Becker, real change has been resisted because it’s not a “politically expedient” issue.

Becker hopes change is on the horizon: “The Nevada legislature is finally deciding to have an honest look at things. That’s the bright side,” 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 Cannabis DUI Laws Unsupported by Science, New Study Suggests appeared first on Law Street.

Former Los Angeles Lakers forward Lamar Odom is currently fighting for his life in a Las Vegas Hospital after being found unconscious at a Nevada brothel Tuesday, in what appears to be an apparent accidental drug overdose.

Odom had checked into a VIP suite at Love Ranch in Crystal, Nevada on Saturday, and then began “partying with the girls for days,” according to the brothel’s owner Denis Hof. Two women who work at the ranch reportedly saw Odom at 6am Tuesday and he was fine, but when they came back to check on him that afternoon, he was unconscious. Hof talked about the moment he found Odom with NBC News saying,

We called 911 and the 911 told my staff what to do — turn him over on his left side.

There was this terrible foaming stuff coming out of him, he was throwing up, a little bit of blood.

At 6’10”, Odom, 35, was too large to be airlifted according to the Chicago Tribune, so he was driven instead, about 65 miles, to Sunrise Hospital & Medical Center in Las Vegas.

A hospital source told E! News that “virtually every drug imaginable was found in his system.” The same source also said Odom “remains unconscious and on a ventilator but is still alive,” after suffering from a loss of oxygen and at least one stroke. Doctors are now estimating that he has a 50/50 chance of survival.

Sadly for many, the overdose seemed almost inevitable after Odom’s life began a steady decline when his ex-wife and reality star Khloe Khardashian filed for divorce in December 2013 after four years of marriage due to Odom’s problems with infidelity and drugs. Odom has also frequently spoken out about the “hard time” he’s been going through after being plagued by a series of deaths throughout his life including his mother, grandmother, 7-month-old son, cousin. Most recently his best friend Jamie Sangouthai died of a heroin overdose.

Even after their separation, Khloe has continuously checked in on Odom out of fear for his welfare, which has been well documented on Khloe’s reality show “Keeping Up with the Kardahians.” In one episode Khloe even says,

I’m really on high alert for Lamar, because anything, I think, will set him to spiral, and that’s kind of the last thing I want for him.

Now Khloe is reportedly by Odom’s side along with her sister Kim, and mother Kris. Multiple sources say that she is “completely inconsolable.”

The only response from the Kardashian camp as of yet comes from Khloe’s half sister Kendall Jenner, who tweeted the message “please don’t go” out to her 13 million followers on Wednesday in obvious reference to Lamar.

please don’t go.

— Kendall Jenner (@KendallJenner) October 14, 2015

Odom’s longtime publicist and friend Eve Sarkisyan did however issue the following statement to US Weekly in regards to his condition,

Family and friends are extremely concerned for Lamar. Please don’t listen to the false information being circulated unofficially. Please respect the family’s privacy during this difficult time.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Former NBA Star Lamar Odom Fights For Life After Apparent Drug Overdose appeared first on Law Street.

Welcome back to work! OK, so if you’re like me you’ve been back to work for a week now, but it still feels like the first Monday after vacation doesn’t it? In case you weren’t into your normal routine of obsessively scrolling through the news last week, you can catch up on Law Street’s top three articles. Number one was brought to you by Marisa Mostek in her series about the dumbest laws in the United States–this time it was Utah and Nevada. The number two story was from Hannah R. Winsten who had five actionable ideas for making this your most feminist New Year yet. And the third most popular story of the week was an issue brief on hacking as a tool of war by Mike Sliwinski. ICYMI, here is the Best of the Week from Law Street.

#1 The Dumbest Laws in the United States: Utah and Nevada

Nevada is home to legal prostitution and Sin City. Yet, it is surprisingly not home to many stupid laws. However, its neighbor Utah makes up for that with a whole long list of weird laws on the books. Let’s start with Nevada. In Reno, sex toys are outlawed, and it is illegal to lie down on the sidewalk, no matter how drunk and tired you are. Read the full article here.

#2 Five Resolutions for a More Feminist New Year

Folks, the New Year is upon us. Time to break out your most bedazzled dress, pop the champagne, and party your way into 2015, am I right? Fuck yeah I am. But, while New Year’s Eve is a night of epic intoxication, huge crowds, and glittery debauchery (if you’re at the right party), it’s also notorious for being the pre-game to a little thing we all do every New Year’s Day. Resolution making. Read the full article here.

#3 Hacking: The New Kind of Warfare

Following the recent fiasco at Sony, hacking has been catapulted squarely into the spotlight. But hackers are doing more than just delaying movie premieres–they are causing serious damage and have the capability to cause much more. Before we get too scared of these anonymous boogeymen, however, it is important to understand what hacking is and who the hackers are. Read the full article here.

Chelsey D. Goff

Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

Nevada is home to legal prostitution and Sin City. Yet, it is surprisingly not home to many stupid laws. However, its neighbor Utah makes up for that with a whole long list of weird laws on the books.

Let’s start with Nevada. In Reno, sex toys are outlawed, and it is illegal to lie down on the sidewalk, no matter how drunk and tired you are. Apparently, at some point in the past, Reno also had issues with benches in the middle of the street, as lawmakers felt the need to ban putting them there. Other than that, most of the laws in Nevada are pretty reasonable.

Utah, however, is another story entirely. They take stupid laws to a completely new level. Many sites claim that in Utah, it is illegal NOT to drink milk. However, Utah’s Criminal Code actually states that “‘unfair discrimination’ of sections, communities, localities, cities or towns by buyers of milk, cream or butterfat constitutes an offense against public health, safety, welfare and morals.”

In Utah, animals have many laws that concern them specifically. For example, animals better be careful while on the road as they are considered traffic. Furthermore, it is legal to consume roadkill in Utah. Some sites wrongfully claim that it is illegal to fish from horseback, which is apparently not true. Utah does, however, have laws pertaining to fishing with a crossbow.

Also, if you are looking to change the weather in Utah, you’d better read into the laws there, where you need a permit to perform services as a “weather modifier.” Specifically, according to the Utah Administrative Code, this refers to “all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of altering precipitation, cloud forms or other meteorological parameters.”

Many sites also claim that Utah outlaws whale hunting, which sounds like a perfectly reasonable law, except when you consider that Utah is a landlocked state. However, according to an article on Deseret News, Utah’s state law says no such thing. However, according to federal law, “it is unlawful for any person or vessel or other conveyance to take any species of whale incident to commercial whaling in waters subject to the jurisdiction of the United States.” So, okay, technically it IS illegal to whale hunt in Utah.

Sorry, Mike Tyson. Boxers must keep their technique in check in Utah matches, where biting is prohibited. If it saves the ears of other boxers from the likes of Tyson, I say that one is a reasonable law.

But not in Utah…

Despite not being allowed to swear, women have it relatively easy in Utah. If married women commit a crime in the presence of their husbands, the husbands can be held responsible for their wives’ actions.

One Utah law frequently listed as dumb bans individuals from causing a catastrophe. That sounds perfectly reasonable to me! This world could use a few less catastrophes. On that same note, it is illegal to detonate a nuclear weapon there. Makes sense, because doing so would almost certainly cause a catastrophe.

Due primarily to its Mormon population, the state has concocted a number of laws related to its inhabitants imbibing. In Utah, alcohol may not be sold during an emergency, and only retailers may possess beer in containers of two liters or more.

So to summarize, in Utah you’d better not try to cause a catastrophe by detonating a nuclear weapon and then try to purchase alcohol. But remember, in Reno, don’t put a bench in the middle of the road or sleep on the sidewalk.

Marisa Mostek

Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

The post The Dumbest Laws in the United States: Utah and Nevada appeared first on Law Street.

The state of sex education in the United States is put simply, a complicated mess. It’s one of the subjects in which our essential decentralization of public education from state to state is most apparent. Some states teach comprehensive sex education, others teach abstinence only. And that’s just the public schools. Private schools can pretty much teach whatever they want. All of this means that we are sending young people into the world with wildly different expectations, understandings, and questions about sexual and reproductive health. Luckily, some students in the Clark County School District in Nevada are now standing up for themselves and demanding real sex education.

This spring, the Huffington Post put together a number of truly terrifying maps to show the disparity of sex education across the country; this is the one I found the most disturbing:

That’s right, all those states in red don’t necessarily have to provide medically accurate information about sex to their students. Some of the greatest misinformed hits from sex ed classes around the country, courtesy of a Congressional report, include:

• HIV, the virus that causes AIDS, can be spread via sweat and tears.
• Condoms fail to prevent HIV transmission as often as 31 percent of the time in heterosexual intercourse.
• Women who have an abortion are more prone to suicide.
• Ten percent of women who have an abortion become sterile.

These “facts” are not only patently false, but go straight to spreading fear and misinformation. There’s really no regulation to insist that that students get appropriate or accurate information when it comes to sex, which has led to terrifying gaps in knowledge among young people.

For example, a 2009 study shows that nearly half of sexually active young people do not use protection regularly. Laura Lindberg, of the Guttmacher Institute, a research institution, explains that this statistic probably stems from abstinence only programs that emphasize the problems with contraception in an attempt to stop young people from having sex altogether. Lindberg says:

Abstinence-only curriculums have gone explicitly out of their way to teach misconceptions about contraception. This generation of 20-somethings have missed many opportunities to get medically accurate and correct information

Because many states aren’t required to provide that accurate information, myths are rampant, and people actually make more unsafe choices.

Contrast that with how students fare in states that teach comprehensive sex education, including the real facts about contraception. The Centers for Disease Control and Prevention (CDC) recently released a report detailing how the teen pregnancy rate is much lower in those states.

Even with all of that information, the sex education we provide to students continues to be extremely contentious. But now, some students are starting to take matters into their own hands. Or rather, their own voices. Students in Clark County School District in Las Vegas are protesting for a comprehensive sex education curriculum. They are pushing for real, accurate information on topics including sexual assault, masturbation, and other topics that both parents and school districts have deemed inappropriate. But junior Caitlyn Caruso, one of the leaders of the protest, pointed out the clear need for such discussions in the classroom. A victim of sexual assault, she relayed her experience with sex education in school:

I didn’t have words to name what had happened to me in the past and the experiences I had with sexual assault… I wasn’t provided with that terminology in my sexual health education classes here in Nevada. It took me years before I could access that information and could name what happened to me.

She continued:

When I walked into my first sex education class, I was confronted by the immediate message ‘Don’t have sex until you get married’ and ‘If you have sex before get married, you’re not pure anymore,’ I felt ostracized and alienated and impure. I felt dirty, and like I didn’t belong there, and like I didn’t really belong anywhere.

I understand the argument that we need to protect our young people from information that is too mature for them. But it’s unrealistic in this day and age, when sex is all over the media, to expect that teens are completely in the dark. It’s better to provide accurate information than none at all, or worse, inaccurate information. I applaud the Las Vegas students who are taking a stand.

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.

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“No cow justifies the atmosphere of intimidation which currently exists nor the limitation of constitutional rights that are sacred to all Nevadans.”

Only in Nevada…

Yes, those are the actual words of Nevada Gov. Brian Sandoval, addressing a twenty year range war between a Nevada rancher and the federal government.

For two decades, Cliven Bundy, a 67-year-old rancher, has been embroiled in a battle with the Bureau of Land Management, a federal agency within the Department of the Interior that administers public lands.

The longstanding dispute reached its boiling point last week when the BLM seized nearly 400 of Bundy’s cows, alleging the animals were “trespassing” on federal land. Following the BLM roundup, hundreds of Nevadans showed up to protest the actions of the federal agency, claiming the BLM had overstepped its boundaries and infringed upon states’ rights. Looking much more like an armed rebellion, many protesters carried handguns and rifles and all shared Bundy’s sentiment that “this is a lot bigger deal than just my cows.”

The Conflict

While the fight between Bundy and the BLM has become a full-blown debate over states’ rights, it essentially boils down to a dispute over ownership: federal vs. state. Bundy, along with hundreds of fellow Nevadans who demanded the release of his cattle, believe the land in question, a 600,000-acre area near the Utah border known as Gold Butte, belongs to the state of Nevada. The Bureau of Land Management, on the other hand, assumed control of the land as part of a conservation effort in 1993 and has sought to maintain order ever since.

Cliven Bundy’s Case

When the BLM took control of Gold Butte and other federal lands back in 1993, it wasn’t to stick it to Cliven Bundy and other ranchers who had used the land for decades. Rather, the BLM claimed the seizure was an attempt to save the desert tortoise, an endangered species that was given the status of “threatened” in 1990. According to the Washington Post, the conservation measures included “the elimination of livestock grazing and strict limits on off-road vehicle use in the protected tortoise habitat.”

Not convinced by the conservation effort, Bundy accused the government of “land grabbing” and was not willing to relinquish his grazing privileges for another wildlife preserve. Fast forward to 2014 and the situation hasn’t changed much. Despite numerous lawsuits, court orders, and even violence between the BLM and ranchers – bombs were “anonymously” sent to land management offices in 1995 and 1996 –Bundy has consistently refused to remove his cows from the land.

A descendent of Mormons who settled in the area more than 140 years ago, Bundy claims he holds an “inherent right” to graze the land. He simply refuses to recognize federal authority on land he believes belongs to the state of Nevada. Although Bundy has agreed to pay any fees he owes, he will only fork over his money to Clark County, Nevada – not the BLM.

The Bureau of Land Management’s Case

Despite the skepticism of Bundy and other’s regarding the federal agency’s motive for seizing the land, the BLM has stuck to its story of conservation. For Bureau of Land Management Chief Neil Kornze, the issue is black and white: Bundy has been repeatedly breaking the law.

“This is a matter of fairness and equity, and we remain disappointed that Cliven Bundy continues to not comply with the same laws that 16,000 public-lands ranchers do every year,” Kornze told CBS News. “After 20 years and multiple court orders to remove the trespass cattle, Mr. Bundy owes the American taxpayers in excess of $1 million. The BLM will continue to work to resolve the matter administratively and judicially,” he continued.

After he refused to comply with BLM restrictions, the Bureau revoked Bundy’s permit in 1993 and have fined him countless times for grazing on federally protected land. Despite this, Bundy has never applied for a new permit nor has he paid any fines.

In 1998, a federal judge in Las Vegas ordered Bundy to remove his trespassing cattle from Gold Butte. After attempts to settle outside of court in 2013, the BLM implemented two federal court orders to remove Bundy’s cattle.

Current Status

Citing “serious concerns about the safety of employees and members of the public,” Kornze called off the roundup of Bundy’s cattle this past Sunday, releasing the 400 cows that were gathered.

While the question of whether Bundy is a law-breaking rancher or a champion of states’ rights remains up for debate, the conflict has paused for the time being.

Still, both sides recognize that they remain very much at odds. Those on Bundy’s side claim the fight has only just begun, and the BLM released a statement saying “the door isn’t closed” and that they would “figure out how to move forward with this.” That being said, the BLM’s decision to back down – and effectively allow Bundy and his followers to win the heated standoff – could prove to set a dangerous precedent for the future.

The situation in Nevada has even captured the attention of members of the U.S. Senate. While Nevada Senator Dean Heller calls the BLM’s  tactics “heavy handed,” Senate Majority Leader Harry Reid has made it clear that the actions of Bundy and other ranchers will not go unpunished. “It’s not over,” Reid said. “We can’t have an American people that violate the law and then just walk away from it. So it’s not over.”

[Fox News] [CBS News] [Washington Post]

—

Matt DiCenso (@mdicenso24)

Matt DiCenso

Matt DiCenso is a graduate of The George Washington University. Contact Matt at staff@LawStreetMedia.com.

The post The Battle of the Butte: Rancher Takes on the Federal Gov’t appeared first on Law Street.

Springtime in America is marked by a wonderful tradition shared by all, regardless of one’s age, gender, or socioeconomic status. I’m not talking about love or cherry blossoms — I’m talking about the NCAA college basketball tournament. If you are a sports fan or happen to work in an office, you have probably paid at least five dollars to enter a pool and pick the winners of the sixty-eight team, single-elimination competition. If you’ve ever been to Las Vegas in March, you’ve witnessed first-hand the popularity of gambling on college basketball.  March Madness is the third most popular time to travel to Sin City, behind New Years and Super Bowl weekend. But apart from office pools and Vegas trips, it may be difficult to legally bet on the college basketball tournament.

Since 1931, Nevada has sold itself to the rest of the nation as the premier destination for sports gambling, largely with the help of federal law enforcement. In 1961, Attorney General Robert F. Kennedy spearheaded an effort to crack down on organized crime in America and got Congress to pass the Federal Wire Act, which penalized most interstate sports gambling.  In 1992, a broadly supported law entitled the Professional and Amateur Sports Protection Act (PASPA) banned intrastate sports betting in jurisdictions apart from Oregon, Montana, Delaware, and of course, Nevada. And in 2011, the Department of Justice released a public memorandum reiterating that online sports betting is within the scope of the Federal Wire Act and will be prosecuted. U.S. law has clearly disfavored sports betting outside of Nevada, but that may soon change.

Enter New Jersey. The Garden State has seen better days, and its officials believe the road back to those better days is paved with the revenue generated through legalized sports gambling.  This effort was kickstarted in 2009 when New Jersey State Senator Raymond Lesniak filed a lawsuit in New Jersey federal court claiming that the PASPA unconstitutionally discriminates against states by allowing some to engage in legal gambling while blocking all others. The suit was dismissed in district court, and the Court of Appeals for the Third Circuit also ruled against New Jersey.  But New Jersey appealed its decision to the Supreme Court, and there are two reasons why the state has renewed hope for a favorable decision in Washington.

1. The Supreme Court’s recent jurisprudence: New Jersey’s appeal argues that the PASPA violates the equal sovereignty of New Jersey, a principle that basically says the federal government cannot discriminate among states. This principle was traditionally only evoked with regard to land and water rights, but it was recently cited by Chief Justice Roberts in Shelby County vs. Holder, the decision that struck down part of the Voting Rights Act. If the Supreme Court hears New Jersey’s case, it’s a safe bet that the briefs will cite that decision.

2. Times have changed: In addition to New Jersey, elected officials from Iowa, Missouri, and Rhode Island have either discussed or drafted joint resolutions requesting that Congress to repeal PASPA. Additionally, Nevada’s largest gambling ambassadors are more worried about gambling competition from the internet than from the East Coast and Midwest. The time may be most ripe for sports books to return, especially since our New Jersey gambling dearth will soon enlarge. How else would red-blooded Americans fill that vacuous space? With family time? Don’t bet on it.

Andrew Blancato

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