A tunnel that is used for storing radioactive waste has partially collapsed in Washington state, causing the Hanford nuclear site to announce a state of emergency, sending thousands of workers into hiding. The hole in the tunnel at the Hanford Nuclear Reservation means that radioactive particles could leak out in the atmosphere, but by noon on Tuesday, there were no signs of airborne radiation.

Still, workers at the plant were told to take cover, turn off ventilation systems, and avoid eating and drinking. The warning affected thousands of workers and all federal buildings in Hanford. However, even though the damage was worse than first estimated, no radioactive waste is stored in the tunnel that collapsed. Also, the warning did not extend to civilians living nearby. But it was a serious incident that could have been way worse. Edwin Lyman, senior scientist at the Union of Concerned Scientists, said:

This is a potentially serious event. I can see why the site ordered emergency measures. Collapse of the earth covering the tunnels could lead to a considerable radiological release.

The nuclear site is located some 170 miles from Seattle. Starting in the 1940’s, the federal government manufactured plutonium there. In fact, the site is where the material for the first nuclear bomb came from. It’s no longer in use and the Energy Department is cleaning it up, but that is a lengthy process.

The nation’s largest nuclear waste site was on high alert after a tunnel containing radioactive materials collapsed https://t.co/TmezOwVAQ6 pic.twitter.com/YLOaUVRFfo

— Newsweek (@Newsweek) May 9, 2017

According to Reuters, Hanford has often been described as the most contaminated nuclear site in the country. And Lyman said that many of the tunnels on the site do contain radioactive materials that can cause severe illness or death if humans are exposed. The process of cleaning up the site began in 1989 and is expected to take at least 50 years to complete.

The disposal method at Hanford was to put railcars full of the radioactive materials and equipment in tunnels and leave them there, as there is no way to destroy radioactive waste. The radioactive cars were so dangerous that several empty cars had to be placed in between them and the locomotive, so that the conductor wouldn’t be exposed to radiation. Hanford received its last radioactive material in the 1990’s.

The plan is to eventually come up with a better solution, for example to incase all the railcars in concrete. But that would be an extremely dangerous operation. Washington Governor Jay Inslee agreed Tuesday that the situation is serious. “This is a serious situation, and ensuring the safety of the workers and the community is the top priority,” he said. “We will continue to monitor this situation and assist the federal government in its response.”

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.

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Marijuana opponents have frequently argued that legalizing weed encourages more underage kids to try it as justification for why states shouldn’t adopt recreational use laws. However, a new survey from the state of Washington shows that simply isn’t the case.

According to a Youth Health Survey from the state of Washington, which legalized recreational marijuana in 2012 and established dispensaries in 2014, results indicated that teen cannabis consumption hasn’t changed over the past decade.

The survey, which is conducted every two years, found that 26 percent of 12th graders, 17 percent of 10th graders, and 6 percent of 8th graders reported having tried marijuana over a month period in 2016–nearly the same as data collected in 2012.

Washington kids not going to pot… pic.twitter.com/iEtInnsXvc

— BreakTime (@dreamgbutterfly) March 22, 2017

A total of 230,000 Washington students from 1,000 local school in all 39 Washington counties participated in the survey as part of a collaborative effort involving the Office of the Superintendent of Public Instruction, the Department of Health, the Department of Social and Health Service’s Division of Behavioral Health and Recovery, and the Liquor and Cannabis Board.

Of the students who reported using marijuana, the vast majority said they “usually smoke marijuana” instead of eating, drinking, or vaping it. The study also found that stores aren’t making it any easier for students to buy marijuana, with 8th and 12th graders saying marijuana was just as accessible in 2014 and fewer 10th graders saying it was “very easy” to obtain.

The Washington Post noted that a separate study conducted in Washington found a small increase in marijuana use among 8th and 10th graders in the state, while a federal survey showed “no significant change in teenage marijuana use in the most recent period.”

Overall, these findings look promising for California and Massachusetts, and other states looking to begin recreational operations soon. While AG Jeff Sessions may be worried about “marijuana being sold at every corner grocery store,” this will 1) likely will never be the case and 2) not pose a particular threat to minors. With proper controls put in place, like ID verification, dispensaries can offer a sense of security to parents worried about them selling to their children. That being said, kids largely reported that marijuana is just as easy to get now as it was before the drug was legalized–legalizing it didn’t change anything in that regard.

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 Legalizing Marijuana Hasn’t Led to More Teen Use in Washington appeared first on Law Street.

Army dismissal, felony conviction, homelessness, law degree? While certainly unconventional, that is the path that Desmond Meade took to obtain his law degree from Florida International University. After graduating high school in 1985, Meade pursued a career in the United States Army, which ended after he was caught stealing liquor while stationed in Hawaii. He returned to Miami, and was convicted of several drug charges as a result of living the fast-paced life of a celebrity bodyguard. In 1995, his mother passed away and shortly after, his family home was foreclosed. In 2001, Meade was sentenced and served 15 years in prison for possession of a firearm as a felon. After his early release, he found himself homeless on the streets of Miami. According to Mead in an interview The Miami Times, “when you’re homeless, there’s a harsh emotional aspect, no one really cared one way or another if you lived or if you died.” It was at this point that he realized that he needed to do something drastic to make positive changes in his life.

Meade turned his life around and completed the Chapman Partnership drug treatment program, a program specifically designed to help the homeless through their recovery. After he successfully completed the program, he graduated summa cum laude in paralegal studies from Miami-Dade Community College’s North Campus in 2010. He then took the next step, and enrolled in Florida International University Law School, from which he just graduated this past May.

Now, at the age of 46, Meade stands proud and with a newfound purpose in life. He is using his personal experiences to drive him in his work. He said, “I realized all the pain and suffering I went through all my life became worthwhile when I used it to help someone else, I realized that was my purpose — to help those less fortunate.” Meade is now the director of Lifelines to Healing Campaign, a PICO United program that aims to address and end the root causes of violence in cities across the country. In addition, Meade is working with the program to end mass incarceration in Florida.

However, there is still one thing standing in his way: Florida state law prohibits convicted felons from practicing law. So while Meade spent the past three years taking classes to prepare him for practicing law in Florida, he is unable to do so. Rather than move to another state where convicted felons are free to practice law, Meade is prepared to stay and fight for change in his home state. He says, “I’m going to stay here. I’m going to fight. What I went through to get where I am today, I have no choice but to have faith.”

This raises an interesting question–should convicted felons be allowed to practice law? Nearly every state has rules about getting a license to practice law, most of which make it nearly impossible for convicted felons to get their license. According to James Hirby at The Law Dictionary, “the person to be licensed must have objective evidence that he or she is a person of good moral character, complete rehabilitation, and a member of the community” in order to get their license to practice law. Many feel that a felony conviction is a direct contradiction to these qualities, which is why in most states–such as Florida, where Meade resides–convicted felons are barred from getting their license to practice.

While there is certainly a strong argument for this rule, not every convicted felon has bad moral character. States like Florida should have processes that make it possible for convicted felons to redeem themselves in a way and be allowed to practice law so long as they can pass the bar and follow the guidelines like everybody else. For example, in the state of Washington, convicted felons that wish to take the bar exam must go before the state bar’s ethics and morality committee and argue why they are fit to practice law. While there is certainly a high standard when arguing before the committee, this process makes it possible for convicted felons to get a second chance. People do change, and like Meade, they grow and learn from the mistakes that they have made.  While it is too soon to say whether or not Meade’s actions will have any effect on Florida law, he has already been an inspiration to people everywhere. He has shown that no matter where you come from, you can accomplish your goals with hard work and perseverance.

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Brittany Alzfan (@BrittanyAlzfan) is a student at the George Washington University majoring in Criminal Justice. She was a member of Law Street’s founding Law School Rankings team during the summer of 2014. Contact Brittany at staff@LawStreetMedia.com.

Featured image courtesy of [ACLU of Southern California via Flickr]

Brittany Alzfan

Brittany Alzfan is a student at the George Washington University majoring in Criminal Justice. She was a member of Law Street’s founding Law School Rankings team during the summer of 2014. Contact Brittany at staff@LawStreetMedia.com.

The post From Felon to Lawyer: The Inspiring Story of Desmond Meade appeared first on Law Street.

In December 2012, Colorado voters made history by approving Amendment 64, legalizing the use and possession of marijuana for anyone over the age of 21. Not long after, Washington voters followed suit, passing Initiative 502 in a state election and effectively legalizing recreational use of the drug.

Although Washingtonians will have to wait until roughly April 2014, pot can officially be sold in specially licensed stores in Colorado as of January 1, 2014. Now that you can legally buy, sell, and smoke marijuana in certain states, there are still questions that need answering.

First off, what exactly does legal mean?

In Colorado…

• Residents, of at least 21 years of age, can buy up to an ounce of marijuana at a time. If you aren’t a Colorado resident, the maximum amount that can be purchased drops to a quarter-ounce.
• Marijuana purchased in Colorado cannot cross state lines.
• The drug can be sold commercially – but only by specially licensed stores.
• It is illegal to consume marijuana openly or publicly. “Retail marijuana” is intended for private, personal use in locations not open to the public.
• The drug cannot be consumed in the vicinity of licensed stores, bars, and restaurants. Consumption in public transportation, cars, limos and taxis is also illegal.
• It is illegal to drive under the influence of marijuana. Anyone with 5 nanograms or more in their blood while driving can be arrested for a DUI, which could result in fines or jail time.

In Washington, although possession of marijuana is already legal, other significant parts of Initiative 502, namely selling marijuana commercially, will not go into effect for a few months. Like Colorado, however, some restrictions are already in place…

• Marijuana is prohibited in public settings.
• Drivers are prohibited from having more than 5 nanograms in their blood, an amount supposedly comparable to .08 blood alcohol content, while driving.
• Washington State universities can set their own rules regarding marijuana use. In an effort to avoid losing federal funding, University of Washington and Washington State University currently prohibit use and possession of pot on campus grounds.
• To deter underage use of the drug, Washington will adopt public health strategies similar to successful anti-tobacco campaigns. Specifically, retail outlets will not be allowed within 1,000 feet of schools and marijuana advertising will be tightly regulated.

Is legalization of marijuana technically unconstitutional?

Technically, the answer is yes.

Known as the “supremacy clause,” Article VI Section 2 of the U.S. Constitution establishes federal law as the “supreme law of the land” – hence the name. Seeing as marijuana remains illegal under the Controlled Substances Act, a federal law, the recent legalization of the drug in Colorado and Washington provides an interesting example of the interplay between state and federal laws. Attorney General Eric Holder has said the Department of Justice is taking a “trust but verify approach to the state laws.” In addition, Deputy Attorney General James Cole issued a memo to prosecutors across the U.S. 

The Department’s guidance in this memorandum rests on its expectation that states and local governments that have enacted laws authorizing marijuana-related conduct will implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health and other law enforcement interests. 

Still, for those worried about (technically) violating federal laws, Alison Holcomb, author of I-502 in Washington and drug policy director for the Washington State ACLU, says not to worry.

“Federal law enforcement resources tend to be focused on major organized crime,” Holcomb said in an interview with CBS News. “It is very, very rare that marijuana use is subjected to federal enforcement, unless users are on federal lands like national parks. By and large, the DEA has much better things to do than go after the marijuana users.”

Can I lose my job for using marijuana?

Although it has yet to become a problem in Washington, Colorado’s recent legalization has created a dilemma for businesses and their employees. While Amendment 64 legalized weed, it also gave employers the right to drug test their employees and subsequently fire them if they test positive. Simply put, the new law does not “affect the ability of employers to have policies restricting the use of marijuana by employees.” 

Last April, the Court of Appeals in Colorado upheld the firing of Brandon Coats, a Dish Network employee who was let go after he tested positive for marijuana during a random drug test. Coats, a quadriplegic who has used a wheelchair since age 16, uses medicinal marijuana to control his muscle spasms. Coats sued Dish Network, arguing that his use of the drug was legal and that he was never impaired while at work.

The Colorado Court of Appeals ultimately decided Colorado’s Lawful Off-Duty Activities Statute, which prohibits employers from firing employees for participating in legal activities during their free time, does not include marijuana use. Because marijuana remains illegal under federal law, the judges ruled that the protections of the statute do not apply. Colorado’s Supreme Court announced it will review the case.

With the outcome of Coats’ case still uncertain, one can’t help but wonder: If smoking marijuana can result in a person losing his or her job, is it really legal?

In an interview with Buzzfeed, Harry Levine, a sociology professor at Queens College and operator of the website marijuana-arrests.com, said the conundrum is the result of clashes between state and federal law. “Everyone’s attention is focused on the shiny new post-prohibition legal marijuana industry, and how regulated, interesting, and cool it is,” Levine said, “but over here behind door number one is the still-existing structures of nationwide drug prohibition.” 

Can I fly with my marijuana?

Again, since federal law regarding marijuana remains unchanged, the drug will not be allowed on airplanes – even if you’re flying out of Colorado or Washington. On the “air side” of an airport, which begins at the security checkpoint, federal law reigns supreme. When it comes to possession of weed before going through security, airports have differing policies. The Aspen/Pitkin County Airport, for example, offers travelers “amnesty boxes” – a place where marijuana can be stashed or disposed of without legal consequences. At Denver’s Airport however, weed is banned entirely, even in the areas before security.

Because state law forbids any facility from setting any further regulations, airports in Washington are unable to ban the legal amount of cannabis.

What does legalization mean for prior offenders and those currently in prison for weed crimes?

Fair or not, it does not change a thing.

From 2006 to 2010, there have been more than 50,000 marijuana-related arrests in the state of Colorado. For those still serving time in prison, the new legalization will do nothing to free them or reduce their sentencing. In addition, those who have already served time will not have their records expunged.

The reasoning behind this is simple. Since the crimes were committed when possession or distribution of marijuana was against the law, the charges stick. According to Matthew Fleischer, an investigative journalist and contributor to TakePart.com, “whether or not the old law was unpopular or unjust is immaterial.”

Unfortunately for anyone sitting in prison for weed crimes, the United States does not guarantee “retroactive ameliorative relief” in sentencing. Although it’s a mouthful, the term simply means letting convicts out of prison after a law changes.

The U.S. is one of only 22 countries that fail to guarantee this relief. In an interview with TakePart, Amanda Solter, Project Director of the Human Rights and Criminal Sentencing Reform Project for the University of San Francisco School of Law, elaborated further. “The only other countries that do this are places like Myanmar, Oman, Pakistan, South Sudan, and a handful of countries in the Caribbean,” she said and added, “even Russia provides this right.”

Is marijuana legalization a continuing trend?

Most likely.

Brandy Zadrozny, a researcher and reporter for The Daily Beast, provides excellent insight regarding the future of legalization in her informative “Guide to State Pot Laws.”

According to Zadrozny, the National Conference of State Legislatures revealed that nine states –Hawaii, Massachusetts, New Hampshire, New York, Ohio, Oklahoma, New Mexico, Pennsylvania, and Vermont – and the District of Columbia have introduced some form of marijuana legislation. Alaska, Maryland, Rhode Island, and Wisconsin are likely to follow suit.

For the most part, state legislative action regarding marijuana legalization depends heavily on grassroots (no pun intended) support within the individual state. As Zadrozny cleverly puts it, “the data seems to support that if you smoke it, the laws will come.”

Everything considered, experts say Alaska will be the next state to join Colorado and Washington’s exclusive club.

[CNN] [CNTraveler] [The Daily Beast] [CBS News] [ABC News] [Take Part] [BuzzFeed] [Huffington Post] [Colorado State Legislature] [Washington State LCB] [U.S. Archives]

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Matt DiCenso 

Featured image courtesy of [rafael-castillo via Flickr]

Matt DiCenso

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

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