Colorado voters legalized medical marijuana in 2001, with the passage of a state constitutional amendment. The medical marijuana industry languished after the amendment became effective, since marijuana was still illegal under federal law. The risk of federal prosecution, even though medical cannabis was technically legal under state law, was simply too great. However, in 2009, the federal government indicated an unwillingness to enforce federal drug laws in contravention to the 14 state medical marijuana laws effective around the county. This led to an explosion of the medical marijuana industry in Colorado. Dispensaries have proliferated around the state, and the number of patients has increased exponentially.
The prominence of this legal drug trade has led to outcry for legislative limits on the industry. Colorado’s legislature has responded with HB 1284, a plan to hit dispensaries with new fees and regulations.
The new law dramatically hikes fees dispensaries must pay to stay in business. The state plans on collecting $2 million to help pay for enforcement of the new regulations. This will likely put the smaller dispensaries out of business.
Individual cities and counties will gain the ability to ban dispensaries altogether. However, individual caregivers will still be allowed to provide medical marijuana to up to five patients wherever a ban is enacted.
Other regulations include limits on who may own or invest in dispensaries. For example, owners must be Colorado residents and must pass a criminal background check. Investors must also pass a background check.
Under the new law, no dispensary may be located within 1000 feet of schools, universities, seminaries, or child-care facilities. The dispensaries must also grow 70% of their product.
Several attorneys in Colorado have been vocal about plans to sue for an injunction against the new law, claiming that the law violates the constitutional amendment. This will surely be a volatile issue over the next decade.
Brad Laybourne is a Colorado accident attorney at the law firm of McDowell Laybourne & Rodemer, LLC. Mr. Laybourne’s practice as a lawyer in Colorado Springs includes criminal defense, DUI and misdemeanor offenses.
You may have heard the term “Lautenberg” before, or you may even known someone who was “Lautenberged”. This is the term commonly used when a soldier is discharged from the military based on the effects of the Lautenberg Amendment as it pertains to domestic violence misdemeanors and the possession of a firearm. What is the Lautenberg Amendment? How does it effect military personnel, and regular citizen’s rights to possess a firearm?
In September of 1996, an amendment to the Gun Control Act of of 1968 (GCA) was passed establishing a Federal ban on the possession of firearms by persons convicted of a misdemeanor act of domestic violence1. This amendment to the GCA, commonly referred to as the “Lautenberg Amendment” (Lautenberg), prohibits persons convicted of misdemeanor or felony crimes of domestic violence from shipping, transporting, possessing or receiving firearms or ammunition. Lautenberg also prohibits knowingly selling or providing a firearm to a person who is known to have a domestic violence conviction.
Prior to the passage of the Lautenberg Amendment, there was a public service exemption that included “any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.” This public service exemption loophole has also been closed by Lautenberg, and now applies to all persons that have been convicted of domestic violence charges including Federal and State law enforcement officers, and military personnel.2
The definition of domestic violence will vary from state to state, so be certain to speak with an attorney in your area about qualifying domestic violence convictions in your state. In Colorado, domestic violence means, “An act of or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. ‘Domestic violence’ also includes any other crime against a person or against property or any municipal ordinance violation against a person or against property, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved with in an intimate relationship.”3
Under Colorado law, “domestic violence” covers a wide range of criminal activity, including any crime used for coercion, control, punishment, intimidation or revenge of a current or past intimate partner. It is important to note that domestic violence only refers to intimate relationships, it does not cover parent and child, or sibling relationships. An “intimate relationship” in Colorado is described as, “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”4 This means that domestic violence is not only between spouses, but can be against a girlfriend/boyfriend or even against an ex-girlfriend or ex-boyfriend.
Every day members of the military are charged with acts of domestic violence. These acts range from acts of violence such as shoving, kicking or hitting, which are often charged as harassment or assault. It can also includes computer or phone harassment, violation of restraining orders, menacing, or even criminal mischief (damaging property).
If you are charged with an act of domestic violence, it is not uncommon to be offered a plea bargain on your first appearance in Court. If you are in the military, you must be aware that any sort of plea agreement to a domestic violence charge can have a devastating impact on your military career and your future. If you are not in the military, you must be aware that a plea of guilty in a domestic violence case can keep you from ever owning a firearm again under Lautenberg.
Military personnel that have a qualifying domestic violence conviction can no longer possess a firearm or ammunition under Lautenberg. Even a deferred sentence or a Diversion program can trigger Lautenberg. All military personnel should be mindful of the possible consequences to their career upon entering a deferred sentence or other program that can often last several years and could also lead to a discharge. It is strongly advisable to consult the Legal Assistance/JAG or a private attorney regarding the specific situation.
Remember that the Lautenberg amendment applies to civilians as well. If you plead to any felony or even a misdemeanor domestic violence offense you will be prohibited under Federal law from possessing a firearm. What’s more, the ban is retroactive, meaning, if you have ever had a domestic violence conviction in your past, even before the passage of Lautenberg, you are prohibited from possessing, trading, shipping, receiving or transporting a firearm or ammunition.
If you have been charged with a domestic violence offense speak to a lawyer immediately before you make any decisions that can greatly effect your future, your career and your rights under the Second Amendment.
1. See 18 U.S.C. 922.
2. See 18 U.S.C. 925(a)(1).
3. See C.R.S. 18-6-800.3(1).
4. C.R.S. 18-6-800.3(2).
Joshua McDowell is a Colorado Springs Criminal Defense Lawyer practicing in Domestic Violence, Felonies, DUI, and all other criminal matters. Follow this link to learn more about Colorado Domestic Violence.
If you have been issued a ticket for Driving under the influence (DUI) or Driving While Ability Impaired (DWAI), you need to educate yourself on the possible ways to beat a Colorado DUI charge in court. Every case is different, and depending on the facts of your case, there may be a way to beat your case entirely.
First, the police officer needs a valid reason to stop you or otherwise contact you in the first place. If they did not have a reason to contact you, their case won’t get very far. Police are not allowed to stop any car on the road, they must have reasonable suspicion to stop you.
In some cases, it is possible to have a chemical test rules inadmissable by the Court for legal reasons. If the test is thrown out, the prosecutor is left with a big hole in his evidence, and in the case against you. Breathalyzer tests have a strict set of operation rules, and the results of the test may be held to be invalid if the procedures are not followed correctly. The results may also be thrown out if it can be proven that the Breathalyzer was not maintained properly or operated correctly during your chemical test.
The procedures for blood testing also must be followed to obtain a legal test. You will always want to retest the second blood sample as well. Sometimes the retest result comes in under the legal limit or varies so much from the original test that the original test is deemed invalid.
Jurisdiction is a fancy word that means the geographic area a certain police officer is allowed to patrol and conduct police activities. You will want to double check that the officer who gave you a ticket had jurisdiction to do so. If not, you can beat your DUI.
Even in our high tech world of advanced communications, there are still certain hearings where police officers need to be physically present to give their testimony. And in some cases, no cop equals no DUI. Yeah, its a strange technicality, but this strategy may be appropriate for your case.
Now, how do you exploit these strategies? Hire a good, local DUI attorney. You are looking for someone who knows everything there is to know about these cases. You also want to hire someone who practices exclusively in the geographical area where you got your ticket. A local attorney knows the judges, prosecutors, juries, and, most importantly, the little tricks specific to that city to get you the best result possible.
Do not hire someone who is making promises or guarantees, as tempting as it may be. That person is just trying to get your money by telling you what you want to hear when he or she has no way of knowing what will happen to your case without first looking at all the police reports, scouring the chemical test reports, negotiating with the prosecutor, etc.
And finally, if you can’t afford to hire a lawyer, apply for the representation of the public defender. Don’t try and represent yourself, as you will have a fool for a client.
Have you been accused of a crime? Many people who have been charged with a crime are left pondering what they should do, and what is going to happen to them. You may be concerned about how these charges will affect your life, your career, and your freedom. You need a skilled Colorado Springs lawyer who will fight for you rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.
