Comm. v. Vargas, Mass. SJC
Aug 03, 2016OUTCOME: Violation upheld but new standards set for effective legal assistance to medical cannabis patients on probation
Medical cannabis patient's probation violated for using marijuana
Northampton, MA
Government Lawyer at Northampton, MA
Practice Areas: Government, Violent Crime, Litigation
OUTCOME: Violation upheld but new standards set for effective legal assistance to medical cannabis patients on probation
Medical cannabis patient's probation violated for using marijuana
OUTCOME: Suppression upheld, probable cause of federal offense from cannabis smell does not preempt lack of state probable cause
Amicus brief in support of the suppression of evidence, as state law enforcement must follow the state decriminalization law, instead of federal prohibition law.
OUTCOME: Federal prohibition found to preempt state law, injunction upheld
Amicus brief supporting state sovereignty for medical cannabis regulation and opposing federal injunction.
OUTCOME: "No medical benefit" conclusion upheld as minimally rational, despite vigorous dissent citing research establishing the health benefit of medical cannabis.
Amicus brief supporting challenge to scheduling of marijuana as having no medical benefit, in case brought by a lawyer dying of cancer using marijuana to provide quality of life.
OUTCOME: Government delay in research application ended.
After federal interference with American academic medicine and botanical research into medical marijuana, by refusing to act on a pending research permit application for more than three years, MAPS and ... researcher Lyle Craker successfully sued several federal agencies including the DEA to force action on the application. The litigation continues, but federal refusal to even consider the issue was defeated.