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Case Law Update
Controlled substance

This issue of NAMSDL Case Law Update focuses on eight recent court decisions involving marijuana laws and the use of marijuana, including three decisions from the U.S Court of Appeals for the Tenth Circuit and others from highest courts in Colorado, Maryland, and Massachusetts. The topics addressed in this issue include suits to enjoin enforcement of Colorado’s marijuana legalization measure, alleged employment discrimination caused by terminating an employee for a failed drug test, investigation by the Internal Revenue Service into tax deductions taken by a marijuana business, and a police officer’s frisk of vehicle occupants based solely on the smell of marijuana. Within this Update, cases are divided by the type of court (federal or state) and then listed in approximate descending order of appellate level. Read more »

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This issue of NAMSDL Case Law Update focuses on seven recent court decisions addressing state drunk/drugged driving laws issued by the highest courts of Colorado, Iowa, North Carolina, North Dakota, Pennsylvania, and Utah. Three of the decisions—reaching differing conclusions, interestingly— address the constitutionality of warrantless blood tests performed on unconscious drivers. Two other decisions conclude that statutes prohibiting driving with any “any amount” of controlled substance in the blood stream do not contain an implicit impairment requirement. The remaining cases address the constitutionality of a warrantless urine test and whether the underlying facts of an accident caused by drugged driving can infer malice on the part of the driver. The cases discussed below are listed in reverse chronological order. Read more »

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