The Drug DWI/DUI

The Charlotte Observer ran an article over the weekend about marijuana and possible effects on a person's ability to drive safely. There is a difference of opinion as to whether marijuana can impair a person's ability to drive safely. Scientific opinions greatly differ on how long marijuana stays in the system and whether it impairs a driver.
So much of dwi/dui research is based upon controlled studies. Most people have seen different controlled studies on investigative programs on TV: a group of people agree to drink alcohol and then drive a car in a supervised area. Very few of these studies have been done with drugs since they are illegal in most states.  However, with some states now allowing marijuana for medicinal uses, such controlled studies are being conducted.

Disagreement in the scientific community does not change the fact that the District Attorney will prosecute dwi's/dui's that involve drugs. Also, many people are shocked to learn that the District Attorney will pursue cases when there is an alcohol result less that .08. This is an interesting topic with more research coming. In the meantime, cases will continue through the court system.

Criminal Law Updates Provided by The Law Office of Carilyn Ibsen PLLC (888)543-2427

Montel Needs A Lawyer!

The debate over whether marijuana should be legalized hit the news today when talk show host Montel Williams was cited for taking a marijuana pipe through security at a airport in Milwaukee. Williams suffers from multiple sclerosis and has been very vocal about his use of marijuana to ease the pain.

Mecklenburg County has hundreds of possession of drug paraphernalia cases working their way through the court system. Some believe marijuana is a gateway drug to other crimes. Some believe it should be legalized for medicinal purposes only. However, the business of marijuana is complicated.  Some people believe for the sake of economical efficiency, it should be legalized.

One thing is clear- drug cases are rarely straightforward. Each case is different, every person has a story. Before a person goes to court on a drug paraphernalia case or marijuana possession case, they should speak to a criminal defense attorney.

Legal Updates provided by The Law Office of Carilyn Ibsen PLLC (888)543-2427

Communicating Threats & Marijuana Possession-The Law Catches Up

An article this morning in the Observer reminded me how the  law is consistently challenged with keeping up with technology and science.  When the Internet became a main source of communications in the 90's, laws that regulated communications on the internet were forced to catch up. We are now seeing more and more cases dealing with threats made through internet sites such as Facebook and MySpace. I have personally handled cases involving younger individuals using Facebook and My Space for, well less, than finding old friends. When I was in school, we were actually forced to have face to face conversations. If a person wanted to threaten someone- it was done in a parking lot where an old fashion fist fight erupted. Now we are in an age of texting and posting. A huge problem lies in this- it's much easer for a teenager to write something less than appropriate and click 'post'. Suddenly a communicating threats case awaits them in district court a few weeks later. To the surprise of many parents, a 16 or 17 year old teenager will be treated as an adult under North Carolina law. The teenager says- "I didn't really mean it. I was kidding." Parents are shocked to learn their teenager is being treated as an adult with a criminal case pending.

Laws are constantly catching up with with science. The Charlotte Observer had an interesting article today on a synthetic drug called K2, a legal herb product made in a laboratory that is being viewed as a legal alternative for marijuana. K2 is illegal in six states with many others states, including North Carolina, initiating steps to outlaw it. It appears the synthetic herb not only has a dominant internet presence but also has become increasingly popular with teenagers and college students, partly driven by the fact that anyone can buy it at tobacco shops. While it is not considered to be an illegal controlled substance in North Carolina, it has become known as 'Fake Weed'. While it looks like tea that you would have in the morning, some recent news report much stronger affects than marijuana.

.

The Business of Marijuana

There was an article in the Charlotte Observer today about the legalization of marijuana. According to the article, the business of selling marijuana has turned into a corporate business, with successful trade show circuits, internet marketing, coupon incentives and health centers opening in states where marijuana has been legalized for medicinal purposes.

As a former Deputy District Attorney from California and now a criminal defense attorney practicing in the Charlotte area, I have seen thousands of cases in the criminal system involving marijuana. California is one of fourteen states that legalized marijuana for medicinal purposes. North Carolina has not.

While the intent of this law is to help those in pain, it creates more of a bottleneck in the court system. I saw criminal defense attorneys coming to court with highly questionable 'prescriptions' from 'health centers' in the local area. I saw many defendants charged with possession of marijuana arrive at court, unrepresented by a criminal attorney, with a certificate from a 'medical professional' who told them that this piece of paper allowed them to smoke marijuana. The District Attorney's Office had a policy that required medical documentation from a licensed medical professional before these cases were dismissed. I saw many individuals receive incorrect legal advice from people in the community trying to make a business out of marijuana. It raises the question whether the legalization of marijuana creates unintended abuse.

If you are charged with any drug offense in Mecklenburg or the greater Charlotte area, always seek legal advice from a criminal defense attorney.

Marijuana Possession Case..Up in Smoke?

I was in court recently waiting for my case to be heard and watched an interesting misdemeanor trial. It was a marijuana possession case where a respected Mecklenburg County defense attorney was contesting the fact that a substance found in a vehicle was actually marijuana. In Mecklenburg County, a substance seized by the police can take a year to be analyzed by the crime lab. There are far too many cases to test every substance seized by the police. In this case, the state prosecutor was relying on the officers training and experience to testify that the substance seized was actually marijuana. Is that enough? A Marijuana Possession Case..Up in Smoke?

Under the evidence code, all evidence introduced at trial must meet foundational requirements. An officer will testify in a marijuana possession case that he/she found a substance believed to be marijuana. However, before this statement is admissible, the witness must convince the court that they have enough experience to testify that the substance is actually marijuana. Recently, there have been a series of cases handed down by the appellate courts finding that an officer's testimony is not enough to prove a substance is actually an illegal substance- Alyson Grine of the UNC school of government does a great job with this summary.

The defendant in the above case was found not guilty. The prosecutions case was also weakened by the fact that the marijuana was found in the backseat of the car and the defendant was the driver.