Category Archives: Drug Charges
IS REPORTING MANDATORY?
Our communications are not intended to deal exclusively with mandatory reporting requirements, whether applicable or not. The Administrative Procedure Act (APA) is found in the California Government Code, section 11340 et seq. This statute establishes “rulemaking” procedures and standards for California state agencies. Additionally, California regulations must be in compliance with regulations adopted by OAL … Read More
Important Choices To Preserve Humanity
President Harry Truman, on April 11, 1952, signed into law a bill that proclaimed the National Day of Prayer. Thereafter in 1988, President Ronald Reagan amended the law designating the first Thursday of May each year as the National Day of Prayer. While it is not a public holiday, there are countless prayer gatherings across … Read More
Canadian Government Legalizes Marijuana
On October 17, 2018, the Federal Government of Canada legalized cannabis. At best, this is a national experiment and controversial legislation. Clearly, the tax profits available to the Canadian government are enormous, and the vast numbers of businesses devoted to the production, distribution and sales of marijuana seem boundless. And, the question of health to … Read More
Mandatory Patient Prescription Reporting Data Base
On July 1, 2016, Health and Safety Code Section 11165.1 required all designated California licensed professionals who are authorized to prescribe, order, administer and/or furnish Schedule II, III and IV controlled substances to register, on a database that is commonly referred to as CURES 2.0, the Controlled Substance Utilization Review and Evaluation System. CURES is … Read More
California Recent Change to Marijuana Law
Under the ballot measure designated as Proposition 64 that was passed by 57% of the voters in the November 8, 2016 election that became effective November 9th: 1) those convicted of a felony as a result of possession, transportation &/or cultivation of marijuana can have it reduced to a misdemeanor; 2) the County Public Defender … Read More
Federal Appeals Court Bars DOJ From Prosecuting Medical Marijuana Cases
On August 16, 2016, a three- judge panel of the 9th Circuit of the United States Court of Appeals (this is the federal appellate court that covers California) ruled against the Federal Government, holding the Department of Justice (DOJ) cannot prosecute marijuana cases when a STATE permits medical marijuana &/or a business or individual is … Read More
2016 New California Laws
There are about 800 new California laws that went into effect on January 1, 2016. Here are a few noted by the following topics: Driving Under the Influence – drivers convicted of a DUI (whether alcohol or drugs) in four California counties [Alameda, Los Angeles, Sacramento & Turlare], under an existing program that will remain … Read More
Unintended Consequences of Criminal Offenders Being Transferred from State Prison to County Jail
The growing population of over 150,000 inmates in state prisons in California has exceeded the level the U.S. Supreme Court opined in 2011 is permissible. There has been litigation in Federal Court to obtain a more speedy reduction of the state prison population, and a new law has been enacted as a result of the … Read More
What Are Adverse Childhood Experiences (ACE)?
For the most part, many of us have not read or heard about ACE’s, the acronym for adverse childhood experiences. Whereas highly negative experiences as a child often create indelible marks in his/her brain impacting child development, they do not have to be irreversible. For more information of significant interest, see the following:Â https://acestoohigh.com/2012/10/03/the-adverse-childhood-experiences-study-the-largest-most-important-public-health-study-you-never-heard-of-began-in-an-obesity-clinic/ Negative … Read More
Should law Enforcement Be Permitted to Stop and Search on the Basis of an Anonymous Tip of Reckless Driving?
In the U.S. Supreme Court case of PRADO NAVARETTE et al. v. CALIFORNIA, 12-9490 (April 22, 2014), the Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, the traffic stop by a CHP law enforcement in which the officer searched the bed of a pickup truck and found about thirty … Read More