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Cannabis Laws
Updated May 2020
Kentucky has historically not been open to cannabis legalization. It has yet to legalize medical marijuana or decriminalize marijuana possession; however, possession of small amounts and first-time offenses are dealt with relatively less harshly than other states where marijuana is illegal. Learn more about Kentucky marijuana laws below.
Recreational Marijuana in Kentucky
Is marijuana legal in Kentucky? No — recreational marijuana is illegal; however, there are no minimum mandatory sentences for marijuana possession or sale. Possession of less than eight ounces of recreational marijuana is charged as a Class B misdemeanor punishable by 45 days in jail with a $250 fine. Sale of less than eight ounces as a first offense is a Class A misdemeanor, punishable by a one-year jail term and $500 in fines.
Subsequent offenses of selling the same quantity and sale of more than eight ounces of recreational marijuana are charged as felonies and punishable by one to 10 years in jail with up to $10,000 in fines.
Under Kentucky marijuana laws, conditional release can be allowed for first-time offenders. First-time marijuana offenders can also get alternative or diversion sentencing.
What Is Conditional Release?
Under Kentucky marijuana laws, first-time offenders are eligible for conditional release, which allows most individuals accused of first-time marijuana offenses in Kentucky to opt for probation instead of having their case go to trial. If the accused successfully completes probation without any slip-ups, then the charge will be wiped from their criminal record. This allows first-time offenders to not have any kind of lasting negative impact from a first-time marijuana possession charge.
Is Hash Legal in Kentucky?
Hash is an extremely concentrated and potent form of cannabis, coming directly from the resin found on the plant. Also known as hashish, hash has very strong psychoactive and euphoric effects. Hash is illegal under Kentucky marijuana laws, with the penalties for hash possession, sale, and distribution being identical to the penalties for marijuana flower.
Is Marijuana Concentrate Legal in Kentucky?
Marijuana concentrate is a product that features a very high concentration of cannabinoids, such as THC. Marijuana concentrate is cultivated by taking cannabis and removing all of the unneeded plant extracts and byproducts, resulting in a pure and potent form of marijuana. Marijuana concentrate is illegal and holds the same penalties for possession, sale, and distribution as marijuana.
Kentucky Marijuana Laws on Drugged Driving
In any state, it is illegal to drive a car or operate any other type of motor vehicle while under the influence of marijuana. Marijuana use can negatively affect an individual's motor skills and attention to detail, resulting in an impaired ability to drive. This can make anyone driving after using marijuana a danger to themselves, their passengers, and anyone they share the road with.
That is why drugged driving of any kind is against the law and is considered a criminal activity in the state of Kentucky. If you have recently used marijuana or any other type of illicit drug, avoid the road at all costs.
Can You Possess Marijuana Paraphernalia in Kentucky?
Marijuana paraphernalia refers to any product that aids users in consuming and inhaling cannabis. Some of the most common types of marijuana paraphernalia include bongs, pipes, rolling papers, and vaporizers. In Kentucky, the possession of paraphernalia is a misdemeanor that can result in a $100 fine and up to one year of jail time.
Tax Stamps for Marijuana in Kentucky
If anyone in the state of Kentucky has marijuana in their possession for any reason, they are required to mark the marijuana with tax stamps. Tax stamps are stamps issued by the state that must be affixed to any marijuana contraband, and failing to do so can result in a criminal charge and/or a fine.
A tax stamp costs $3.50 a gram for those in possession of 42.5 grams of marijuana or more, and $1,000 a plant for those who have five or more marijuana plants. Failure to do so will result in a fine that is twice the amount of the tax stamps fee you were supposed to pay, as well as a class C felony charge.
Medical Marijuana in Kentucky
Medical marijuana is illegal in Kentucky; however, the state has passed a medical bill in 2014 that permits the use of low-THC cannabis. Kentucky's low-THC medical cannabis law authorizes low-THC oil to be excluded from the definition of marijuana, thereby legal for patients with intractable epilepsy who have a written recommendation from a physician.
Kentucky legislators did propose comprehensive medical marijuana bills in 2014, 2015, and 2016, but in all instances the legislature failed to pass or adjourned without taking action. In 2018, lawmakers briefly considered medical marijuana legislation but eventually decided to shelve it in committee. In February 2020, the Kentucky House of Representatives approved a medical marijuana bill with a 65-30 vote, but the Senate decided to not take it up before adjourning for the year in April. Still, the legislators' continuing efforts to present these bills leave activists hopeful that soon one will gain enough support to pass.
The Local Decriminalization of Marijuana in Kentucky
There are two local jurisdictions in Kentucky that have enacted local measures and regulations to decriminalize marijuana.
In Jefferson County, the county attorney's office allows individuals in possession of an ounce or less of marijuana to avoid any kind of criminal prosecution, as long as marijuana possession is the primary charge.
In Louisville, a city council ordinance allows individuals to be in possession of up to one-half of an ounce of marijuana and face the lowest law enforcement priority.
Consumption of CBD from Hemp Oil in Kentucky
Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
Cultivation of Cannabis in Kentucky
Under Kentucky marijuana law, the growing of marijuana plants remains illegal. Cultivation of fewer than five plants as a first-time offense is charged as a misdemeanor with one-year imprisonment and $500 in fines. The subsequent offense is charged as a felony with one year to five years in jail with $10,000 in fines. The first offense of cultivating five plants or more is a felony, punishable by one to five years in jail with $10,000 in fines. The subsequent offense is also charged as a felony with five to 10 years in jail with $10,000 in fines.
Kentucky is a nation-leading hemp producer. Senate Bill 50 was passed in 2013, which made the cultivation of industrial hemp legal for state-sponsored research. The bill imposed regulations for the licensed production of industrial hemp. According to the Kentucky Department of Agriculture, as of May 2020, there are more than 970 hemp growers that have obtained licenses.
Unlicensed cultivation of hemp is still a serious crime in the state. The penalties for growing hemp without a license are the same as those for illegally growing marijuana.
Legal Status of Other U.S. States
Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.
DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.
Is Cannabis Prohibition Unconstitutional? – CBD Testers
The United States prides itself on being a nation of social and economic freedom. As a matter of fact, these are some of our founding principles and fundamental rights. Numerous documents have been drafted over the years to make sure these liberties are never taken away from us; the most important being the Declaration of Independence, the Constitution, and the Bill of Rights.
These documents outline our inalienable rights and the responsibilities of a government that works for us to protect said rights. This all sounds amazing, but what happens when there is a major discrepancy between our legal rights and what we consider our intrinsic rights? Regarding cannabis, this is a question coming up with more regularity; because, if we are granted "life, liberty, and the pursuit of happiness", why would something natural, non-toxic, and therapeutic – something that by all definitions, "makes us happy", be prohibited?
Getting straight to the point here, is cannabis prohibition unconstitutional? Numerous industry advocates and legal experts are raising this question in the United States Supreme Court.
Weed legality is incredibly complicated and constantly changing. But one aspect of it that does not get challenged enough is whether cannabis prohibition is actually unconstitutional? Is banning cannabis, legal? Maybe focusing on our most important historical documents is the key to federal legalization. In the meantime, make sure to subscribe to The THC Weekly Newsletter for deals on legal cannabis products, as well as all the latest news and industry stories. Also save big on Delta 8, Delta 9 THC, Delta-10 THC, THCO, THCV, THCP & HHC products by checking out our "Best-of" lists!
The Declaration, the Constitution, and the Bill of Rights
Now, let's get back to these important documents. Earlier I touched briefly on the Declaration, the Constitution, and the Bill of Rights, but I would be remiss not to discuss each in further detail. After all, they are undeniably our most valued government documents.
There are some obvious parallels between the three, starting with the fact that they all have a preamble – which are expressive, introductory statements. They were all written to ease civil unrest or general political turbulence. And most importantly, they all work together and play off each other to guarantee that our basic rights – which the founders believed came from God – are protected and that we, the people, have a way to hold our governing bodies accountable.
That said, there are some critical differences between these documents as well – in how they are written, their history, and the purposes they serve. The Declaration and Constitution were both drafted in what is now known as Independence Hall, by a congress and convention that met in 1776 and 1787, whereas the Bill of Rights was written two years later, in 1789, by a congress that met in Federal Hall in New York.
The Declaration was written almost entirely by Thomas Jefferson, and James Madison was the primary drafter of the Bill of Rights and Constitution, along with James Wilson. The Declaration was created as a rationale for breaking away from the oppressive British government; and the Constitution and Bill of Rights were constructed to establish a government that will defend our newly established freedoms, as per the Declaration of Independence. The Bill of Rights describes the rights and liberties of the American people, and the constitution details the government's role in preserving these rights.
Regarding cannabis, let's focus more on the part about "life, liberty, and the pursuit of happiness". In that short statement, the preamble to the Declaration of Independence basically encompasses the entire theory of a democratic, American government.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."
There are a few different interpretations of the "pursuit of happiness" segment, but there really are not very many ways to misconstrue that. Some describe it as the right to freely pursue anything joyous, as long as you live life in a way that is not violating the rights of another individual. Others take that definition one step further to include breaking the law as a barrier to "pursuing happiness".
Arguably, cannabis makes most people happy… it does me for sure. My cannabis use doesn't harm others or infringe upon anyone else's rights; however, it is still illegal. But legality is just about as subjective as defining happiness. I mean, interracial marriage was once illegal in the US, and the only people allowed to work, vote, and own property were white men. Laws are often unjust and society is waiting on the right people to make waves, shake things up a bit, and abolish the old, archaic ways.
So, at this point, knowing the medicinal benefits of cannabis and how it functions in the human body; and taking into consideration that the level of intoxication and risk of adverse effects are both very low; how can the government justify prohibition anymore? If alcohol is legal, then yes, keeping cannabis illegal does seem to border on unconstitutional.
Liberty vs Personal Sovereignty
If you've been following any global cannabis news lately, you've likely noticed that some countries, like Mexico and South Africa, are pushing cannabis legalization through Supreme Courts using personal sovereignty clauses in their constitutions.
Personal sovereignty can be defined as follows: To be sovereign over one's self is to be free of the control or coercion of others – to truly direct one's own life." Summed up, it's the concept of self-ownership and governing one's own body without interference from anyone else, including the government. This applies to legal/inalienable rights, body and health-related rights, and simply being the sole controller over your own body and life. Personal sovereignty is a central idea rooted in several different political ideologies including liberalism, libertarianism, and anarchism.
Many countries that have constitutional documents and supreme courts also have personal sovereignty clauses. What's interesting is that even these "God-given" rights do vary based on your locality. So, what's considered inviolable in one country might not be so in another country. That being said, no, the United States does not have a personal sovereignty clause in its constitution. The closest we get is that passionate preamble, which is not absolute and can be interpreted in different ways.
Because cannabis laws are relaxing all over the world and a greater number of large-scale studies are becoming available, it's possible, theoretically, that the "pursuit of happiness" argument could hold up in court, but as of now, that has not happened yet.
NORML's amicus brief
In an amicus curiae brief filed last year by a NORML (National Organization for the Reform of Marijuana Law) Legal Committee member David Holland, Esq., argued that the harsh federal scheduling of cannabis is unconstitutional because all three branches of our government (legislative, executive and judicial) have supported and promoted laws and policies that directly contradict the plant's illegal status.
Holland said: "The Brief exposes a fundamental paradox – if cannabis is federally illegal for all purposes, and the three coordinate branches of federal government have acted to allow for cannabis businesses, then the federal government is nullifying its own law. Simply put, under the Constitution, something cannot be illegal and legal at the same time especially when it comes to state laws that conflict with federal laws. The only resolution to this constitutional conflict is for the Supreme Court to invoke the doctrine of estoppel to prevent the federal government from reversing course and retroactively penalizing that which it has protected in fostering state cannabis programs and effectively legalizing it."
He added: "Federal precedent exists for the Court to invoke the doctrine and Attorney General William Barr has testified before Congress about his belief that it would be fundamentally unfair to penalize those who in good faith relied upon those government statements and policies because it would violate Due Process. Due Process and fairness are the very heart of the reasoning for the Court to invoke the doctrine of estoppel."
Click here to read the full text.
What about Justice Clarence Thomas?
A sudden and unlikely proponent of cannabis legalization is Justice Clarence Thomas, one of the Supreme Court's most conservative members. Thomas is challenging federal cannabis prohibition based on the government's inconsistent policies and enforcement. He asked whether the federal government had the right to undermine state-regulated markets, and what to make of all their contradicting messages.
"Once comprehensive, the Federal Government's current approach is a half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana," Thomas wrote. "This contradictory and unstable state of affairs strains basic principles of federalism and conceals traps for the unwary."
Thomas' newfound views stem from a case brought against the Internal Revenue Service (IRS) by a medical cannabis dispensary in Colorado. They sued over a tax code that blocked cannabis retailers from claiming regular business deductions that other industries were able to do.
Justice Clarence Thomas
In 2009 and 2013, the Department of Justice issued memorandums instructing prosecutors to let cannabis businesses in legal states operate without interference. Additionally, congress passed a law in 2015 that completely prohibits the Justice Department to spend any money going after these legal operators. "Given all these developments, one can certainly understand why an ordinary person might think that the Federal Government has retreated from its once-absolute ban on marijuana," Thomas wrote.
"If the Government is now content to allow States to act 'as laboratories' 'and try novel social and economic experiments,' then it might no longer have authority to intrude on 'the States' core police powers . . . to define criminal law and to protect the health, safety and welfare of their citizens,'" he wrote. "A prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the Federal Government's piecemeal approach."
Jim Thorburn, the attorney who is representing the Colorado dispensary whose lawsuit Thomas commented on, believes there's a way to legalize marijuana federally through the Supreme Court. "Justice Thomas is providing the roadmap to the end of Prohibition," says Thorburn. "He's trying to end the federal prohibition." Thorburn believes that Thomas' statement was a suggestion to attack Gonzales v. Raich head-on. "When he says this is straining the core of federalism, and calling Gonzalez v. Reich into question, whether the Court could support that case today—I think he's suggesting that cannabis prohibition might be unconstitutional," says Thorburn.
Conclusion – Is cannabis prohibition unconstitutional or not?
The fight for cannabis, Thorburn says, could very well be decided by the Supreme Court, similar to how marriage equality, abortion rights, and other social issues have been historically resolved. Only time will where that final push to legalization will come from, but looking at some of our oldest and most important government documents may hold the answer.
Hello and welcome! You made it to CBDtesters.co, your one-stop-shop for the most up-to-date and thought-provoking cannabis and psychedelics-related news, offering up the most relevant stories of today. Join us frequently to stay informed on the quickly-moving universe of legal drugs and industrial hemp, and sign up for The THC Weekly Newsletter, to make sure you always know what's going on first.
Disclaimer: Hi, I'm a researcher and writer. I'm not a doctor, lawyer, or businessperson. All information in my articles is sourced and referenced, and all opinions stated are mine. I am not giving anyone advice, and though I am more than happy to discuss topics, should someone have a further question or concern, they should seek guidance from a relevant professional.
automobile exemption
Is 'Cannabis Odor' Still Probable Cause for Searching Your Vehicle?
If you've been smoking weed for a long time, it's highly likely you have found yourself in a scenario where you are getting searched by a police officer for one reason or another. One of the most daunting experiences for any stoner is getting pulled over with weed in the car; because as we know all too well, all a cop needs to do is simply claim that they "smell marijuana" in your vehicle and next thing you know you're standing on the side of the road while they call for backup and tear your car apart looking for anything illegal they can find.
Is it fair? Of course not! But the more important question here is whether this age-old search tactic is legal or not, and if it will hold up in the court of law. The answer: it's complicated and depends on where you are, who you ask, and the specifics of your situation. Police officers have relied on odor as probable cause for decades, and it was justified when cannabis was illegal across the board. But if you now live in a state where cannabis has been legalized, especially for recreational use, marijuana odor is no longer an ironclad reason to search without a warrant, because possessing it is not a crime in those states.
Cannabis laws in the USA can certainly be complicated, especially when it comes to knowing your own rights and how to protect yourself from unreasonable actions by law enforcement. We hope this article provides the insight you were looking for. To read more stories like this one, and for exclusive deals on flowers, vapes, edibles, and other products, remember to subscribe to The THC Weekly Newsletter. Also save big on Delta 8, Delta 9 THC, Delta-10 THC, THCO, THCV, THCP & HHC products by checking out our "Best-of" lists!
The 4th Amendment and Probable Cause
Citing the Constitution of the United States of America, the fourth amendment is as follows: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
It's generally accepted that a warrantless search of someone's home is unjust, but the extent to which a person's vehicle is protected under this statute remains up for debate. Despite pretty clear-cut verbiage in the fourth amendment, there exists a clause known as the "automobile exemption". The automobile exemption was first established in the 1925 supreme court case, Carroll vs The United States.
Simply put, the automobile exception states that, because automobiles can move quickly from one location to another – carrying contraband and evading law enforcement – it would be unrealistic to require officers to get a warrant before searching the car. In a state where cannabis is illegal, the smell of cannabis is enough to lead officers to reasonably believe that a crime is being committed.
One might assume that this exception means that police officers have unlimited access to search the cars of all citizens as they see fit, but that is NOT the case. There are stipulations and it's important to know your rights whenever you're on the road. "The automobile exception is not a categorical one that permits the warrantless search of a vehicle anytime, anywhere, including in a home or curtilage," says Supreme Court Justice Sonia Sotomayor.
So again, there is a lot of ambiguity there because the conditions determining whether the automobile exception can be used vary dramatically from state to state, county to county, and even city to city. Then it comes down to if the person pulled over is even committing a crime, which depends on they much you have, whether they have a medical card or not, if something was left in plain sight, or if the officer was given permission to search the car, or if another crime was being committed.
States can always implement higher standards than what is required by the fourth amendment, to further protect residents from unlawful searches and seizures, but they cannot allow conducts that violate the constitution in any way. If one believes their fourth amendment rights have been violated, a bivens action can be filed against federal law enforcement officials.
Recent Ruling in Illinois
What sparked my renewed interest in this topic is a news report I read from the Chicago Sun Times, in which authorities pulled over a vehicle and conducted a warrantless search that led to the arrest of the vehicle's passenger for cannabis possession.
According to the court order, an Illinois State Trooper pulled over a grey Chevy Impala on Interstate 88 in rural Whiteside County on December 3, 2020. During the process of requesting identification, the trooper stated that he smelled "raw cannabis", at which point the passenger, defendant Vincent Molina, provided his state-issued medical cannabis card.
Notwithstanding, the police officer proceeded to search the vehicle. He found 2.6 grams of weed and Molina was arrested for misdemeanor possession. For obvious reasons this arrest is utter nonsense, starting with the fact that recreational cannabis was legalized in Illinois on January 1, 2020, almost a full year before Molina's arrest. Additionally, Molina was not just a recreational user but a medical patient.
Molina's defense lawyers, James Mertes and Nichalas Rude, filed a motion to suppress the evidence, saying "the cannabis odor could not be used as a basis for police to search vehicles after the recent legalization of cannabis."
Associate Judge of the 14th Judicial Circuit, Daniel J. Dalton, agrees with his attorneys, and ruled that Molina, "…did not indicate any other reason for his suspicions or his search other than the smell of raw cannabis," and that, "Molina did provide a medical use license to (the trooper) prior to the search of the vehicle and there are a number of wholly innocent reasons a person or the vehicle in which they are in may smell of raw cannabis."
All in all, it's a pivotal case for The Prairie State which helps determine what is considered probable cause and sets new standards for how officers will conduct future searches and seizures. "I am honored to have been part of such an important decision. This case was much more important than me," Molina said. "It was about our right to be free from unreasonable searches for legal conduct. I am just grateful to have been a part of protecting that right."
No Confusion in New York
New York is one of the few states that actually wrote into their legalization law, which passed in March 2021, that cannabis odor is can no longer be used by law enforcement as a sole legitimate reason to conduct a vehicle search.
Under the updated policy, the only time officers are permitted to search a vehicle (as it pertains to cannabis), is if they believe the driver is under the influence of weed, or if they physically see the driver smoking or vaping while operating a vehicle, or while sitting inside of a parked vehicle.
Additionally, "the trunk may not be searched unless the officer develops separate probable cause to believe the trunk contains evidence of a crime." So, if you want to be extra careful in NY, make sure to keep your stash in the trunk.
"I don't think any other state was as clear-cut in removing marijuana very clearly from the universe of things that law enforcement can use, and certainly the odor of marijuana, as a reason to search a vehicle," said Melissa Moore, New York state director for the Drug Policy Alliance.
Cases in Other States
In the other 18 states that have legalized cannabis, as well as Washington D.C., cases where cannabis odor was used as probable cause are still clogging up the court systems. Luckily for us, most of the court ruling have been in favor of the defendants.
For example, in Maryland, only medical cannabis is fully legal but possession of 10 grams or less for recreational use has been decriminalized since 2015. For reference, decriminalization means that even though cannabis is still not completely legal, it's now a civil matter, rather than a criminal one, if you get caught with it. In April, an appellate court determined that "odor of marijuana by itself does not provide reasonable suspicion of criminal activity".
In Colorado and California, the Supreme Courts throw out cases like this all the time, claiming there is no justification for searches or drug sniffing dogs to look solely for cannabis, now that it is legal in both of those states and possessing it is no different than having unopened containers of alcohol in your car.
In Michigan, another legal, adult-use state, the high court explicitly stated that "evidence of illegal guns and drugs should not be suppressed," and that cannabis odor was "sufficient to justify a warrantless search." Same goes for Florida, where only medical cannabis is legal but discussions of a recreational market are looming.
Rooted in Racism
As with many of our current drug laws, it's safe to assume that there are some racist undertones to the way vehicle searches are often conducted. Statistics do exist to cement this theory, for instance, black residents make up 50 percent of the population of Newark, New Jersey, but were involved in roughly 80 percent of police department vehicle searches. Overall, policies that hinder automobile searches are supported by the nation's most prominent civil rights activists.
"Police believe that if they stop more Black people, they're going to pick up more drugs, because that's what they've been taught," said Meghan Matt, who works for a criminal defense and civil rights litigation attorney in Baton Rouge. "But it is statistically evident that Black and White people use marijuana at the same rate."
Data from as far back as 1999 states that African American and Hispanic motorists are pulled over at rates much higher than whites, yet those searches are "equally or less likely to yield contraband."
Kelsey Shoub, an assistant professor of political science at the University of South Carolina explored this theory further in her 2018 book, Suspect Citizens: What 20 Million Traffic Stops Tell Us About Policing and Race; which examined 14 years-worth of traffic stop data from North Carolina (not an error, research was not conducted in the same state as the University).
Shoub's data was very telling and left little wiggle room to assume anything other than a systemic, racially-charged issue that seriously needs overhauling. Overall, black Americans where 63 percent more likely to be stopped on the road, even though they drive 16 percent less than whites. Taking into consideration that difference of time spent on the road, blacks where about 95 percent more likely to be stopped.
Furthermore, black Americans were 115 percent more likely to be searched during traffic stops than white Americans (5.05 percent for blacks and 2.35 percent for whites), BUT, contraband was found more often in the vehicles of white drivers.
"For me, there are a few big takeaways from the data, and the first two are probably not surprising," says Shoub. "The first is that 'driving while black' is very much a thing; it's everywhere and it's not just a North Carolina or a Southern problem but across the United States," Shoub says. "The second thing is that it appears to be more systemic than a few 'bad apple' officers engaged in racial profiling."
Thoughts from Law Enforcement
"It's an extraordinarily gray area," said Mark Reene, prosecuting attorney for Tuscola County, Mich. "These are going to be decided very much on a case-by-case basis, and they're going to be very fact-dependent. And what's ultimately going to happen is this matter will end up in front of the United States Supreme Court."
Because there is so little clarity on this subject, officers are increasingly reluctant to conduct vehicle searches, which means that potentially dangerous contraband is going unnoticed at a much higher rate. Making matter worse for law enforcement is the variation in laws, like different restrictions in different counties or only being able to search certain areas of the car – which makes it all the more confusing when an officer is working in the moment.
"It's going to, without a doubt, lead to less searches of vehicles, which would then lead to less guns being recovered and significant drugs being recovered," said Mary Tanner-Richter, vehicular crimes bureau chief in the Albany County district attorney's office in New York. "I mean, I think it's hard to argue against that being the reality we're going to face."
Tanner-Richter also mentioned that during her 16 years working for the state's traffic safety division, she has seen a large portion of firearms and hard drugs confiscated during what started as routine traffic stops. Until now, her office encouraged police to utilize this search protocol whenever possible.
"That's how they found Ted Bundy. That's how the Oklahoma City bomber got caught. And quite often, that's how they're getting guns and drugs off the street," she added. "They [police] are now losing a huge tool in their investigation of drugs and guns."
Again, there is no clear-cut answer on whether cannabis odor can be used as probable cause to conduct a warrantless search of a vehicle. It all depends on where you are, what products you have and how much, who pulls you over, and so forth. It does seem as though the odor excuse is carrying less weight as legalization sweeps through the nation.
Hello all! Welcome to CBDtesters.co, your ultimate online destination for the most relevant and thought-provoking cannabis and psychedelics-related news globally. Read-thru the site regularly to stay on top of the constantly-moving world of legal drugs and industrial hemp, and sign up for The THC Weekly Newsletter, so you never miss a thing.
Disclaimer: Hi, I'm a researcher and writer. I'm not a doctor, lawyer, or businessperson. All information in my articles is sourced and referenced, and all opinions stated are mine. I am not giving anyone advise, and though I am more than happy to discuss topics, should someone have a further question or concern, they should seek guidance from a relevant professional.
american cannabis laws
Cannabis Laws in the USA: Which State Is the Most Progressive?
The USA is a complex place when it comes to cannabis legalization. It is both the most accepting and the least accepting, the most liberal and the least liberal, the most green and the least green. Due to the fact that each individual state in America has its own laws, cannabis legalization and prosecution are just miles apart from being radically different. And, to make it more confusing, there are 50 states. So that's essentially 50 different laws on cannabis in one single country. However, some states in the US have shown themselves to be far more progressive than others. But, the question is, which state in America is the most progressive?
Cannabis laws in the USA can certainly be complicated, but we hope this article can help clear things up for you! For more stories like this one, and for exclusive deals on flowers, vapes, edibles, and other products, remember to subscribe to The THC Weekly Newsletter. Also save big on Delta 8, Delta 9 THC, Delta-10 THC, THCO, THCV, THCP & HHC products by checking out our "Best-of" lists!
The USA is made up of 50 states, and within 13 of them cannabis is completely illegal, 37 of them only medicinal cannabis is legal, and in 18 of them cannabis is fully legal (including for recreational use). Medical cannabis legalization always comes before recreational legalization as it is evident that cannabis has medical benefits for many people with mental and physical problems. However, recreational cannabis is harder to legalize due to the fact that it revolves around using a drug for fun. Using cannabis for fun is a hard reason to legalize a substance, especially when research into cannabis is limited. However, the fact that 18 states in America have legalized recreational cannabis proves that the tides are shifting. When searching for the most progressive state in America for cannabis laws, it undoubtedly will come from one of the 18.
Where Cannabis is Illegal in the USA
Here is a list of all of the states in America where both medical and recreational cannabis is yet to be legalized. They, obviously, do not win the award for most progressive. But they still need to be mentioned.
Where is Only Medical Cannabis Legal in the USA?
These are the states that have taken a step closer to cannabis legalization by allowing medical cannabis to be lawful. Whilst they aren't the most progressive, they've shown an intent to be seen as cannabis-accepting states. This deserves recognition.
The States in America Where Recreational Cannabis is Legal
These states are the ones who have decided to go against the grain and legalize recreational cannabis, as well as, of course, medical too. These states are, by far, the most progressive in the USA. But which is the most progressive? Let's find out.
Alaska legalized cannabis in 2014. It was the third state to fully legalize cannabis. Anyone over the age of 21 can possess cannabis and grow up to 6 plans. However, it is still illegal to consume the drug in public.
In 2020, Arizona passed a bill that legalized recreational cannabis for those over the age of 21, decriminalized it and banned it in public. It has a similar system to Arizona, but it took 6 extra years for it to do the same. There are currently 123 active weed dispensaries in the state of Arizona.
California legalized medical cannabis in 1996 and recreational cannabis in 2016. This state is probably the most popular cannabis-accepting state in America due to its beach lifestyle and chilled out attitude. Plus, there are around 4000 cannabis dispensaries in California, which leads to a big tourist culture. However, public cannabis consumption is still illegal.
Recreational cannabis was legalized in Colorado in 2012. The usual rules apply as with other states, and you cannot smoke cannabis in the streets. There are about 446 weed dispensaries in this state.
Connecticut legalized recreational cannabis in 2021. Now people are able to possess up to 1.5 grams of cannabis and 5 grams at home. Weed dispensaries are not yet open or flourishing, but they are expected to start in 2022.
In 2019, Illinois legalized recreational cannabis. Anyone over 21 can possess 30 grams of cannabis. Due to the fact that marijuana for personal use was only recently made legal, there are currently only 110 dispensaries in Illinois.
Maine legalized recreational cannabis in 2016. You can possess 2.5 ounces of cannabis, and grow 6 plants at a time. Despite becoming legalized in 2016, there are limited amounts of dispensaries in Maine.
Massachusetts legalized recreational cannabis in 2016. They allow for one ounce of bud in total (including at home and on you). There are around 689 weed dispensaries in this state.
Michigian legalized recreational cannabis in 2018. This state allows for 12 plants and up to 2.5 ounces in possession. Michigan has around 260 recreational weed dispensaries.
Montanga legalized recreational cannabis in 2021, and all effects will come into fruition in 2022. We won't know how legalizing cannabis will affect that state until next year.
Nevada legalized recreational cannabis in 2016. It is illegal to consume it in a car or in public. However, you can grow up to 6 plants, or even 12 plants per household. It is legal to have up to 1 ounce of cannabis for yourself. There are currently only 65 weed dispensaries in the state.
New Jersey legalized recreational cannabis in 2020. Again, the amount of dispensaries are limited as cannabis legalization is still new in this state. The specific amounts and laws are unknown until we see how they work in practice in 2022.
New Mexico legalized cannabis in 2021. Another case of a US state with recent progressive laws towards cannabis acceptance. Bring on 2022!
New York legalized recreational cannabis in 2021. It is now legal to possess up to 3 ounces of cannabis. Some say you can smoke cannabis outside in public easier in New York than any other state. Or, at least, almost as easy as a Californian beach. The amount of weed dispensaries in New York will become clearer in 2022.
Oregon legalized recreational cannabis in 2015. You are allowed up to 1 ounce in public and 8 ounces at home. You can also grow up to 4 cannabis plants. There are more than 660 weed dispensaries in the state of Oregon. Oregon technically has the most weed dispensaries per 100,000 people in America.
Vermont legalized recreational cannabis in 2018. Whilst it is legal to possess up to 1 ounce and grow up to 6 plants of cannabis, it is still illegal to sell or buy it. This is going to change in 2022 when weed dispensaries open.
Virginia legalized recreational cannabis in 2021. This new law will allow for anyone over the age of 21 to possess up to 1 ounce of cannabis and grow 4 plants. The introduction of weed dispensaries will follow in 2022.
Last but by no means least, we have Washington. Washing legalized recreational cannabis in 2012; a long time ago in the grand scheme of things. Users can possess 1 ounce of cannabis, but are not allowed to grow recreational plants at home. There are only 103 cannabis stores in this state.
Which Is The Most Progressive?
Out of 50 states in America only 18 have taken the bold step to legalize both recreational and medical cannabis. Because of this, they should all be championed for their open cannabis policies. Because of them, hopefully, the rest of the states should follow suit in due course. However, there should also be acknowledgement of those states that legalized recreational cannabis earlier and took the first steps. These states created a watershed moment for the future of cannabis legalization. California has acted as a national, as well as international, advertisement for how cannabis legalization can be positive. In addition, Oregon, since 2015, has run with its new found cannabis-acceptance and opened up the most weed dispensaries (per capita) in the US. Both states deserve recognition as the most progressive states in America,
But what do you think? Which state do you believe to be the most progressive, in regards to cannabis legalization, in the USA?
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When a coach is poolside and explaining a set or a drill, they are quite frequently interrupted. This can throw your train of thought off but it can also be an important learning moment.
Swimmers who are listening intently but suddenly find that the explanation has taken a turn which they did not follow can do two things: ask a interrupting question to understand (to you or to another swimmer) or be quiet and not understand.
Swimmers whom you have lost their attention and are not confident enough to ask a question; will begin to play. And by doing that you begin to have competition for attention because hand-stands are always more fun that learning how to improve tempo.
If you follow the philosophy that asking questions is a good thing, then you will know that a question is an excellent learning moment. In fact I think a question is a gold mine. It will tell you that your perfect explanation is not perfect. Impossible you say! It is true, the question is letting you know that you are not getting your idea across. And essentially that is exactly what you are trying to do and I assume that if one swimmer doesn't get it others don't either.
"thank you Becky for asking a question, I like questions because it helps me, yes I mean that you have to take your heart rate at the end of each repeat and then tell your lane coach"…." and so now…we will start our set and everyone knows that taking heart rate can give us important information".
Also if your discourse has moved into 'verbal diarrhoea' you have only to look at your group to know that they are bored to tears and begin to play. We all learned how to squirt water with our hands didn't we? Your body language, your tone of voice, your humour and possibly your demonstration should keep your swimmers' interest. Or you are doing it wrong.
Even with the best demonstration, you may be competing with other things around the pool, so always be sure there is nothing interesting behind you like an outside window, another squad of swimmers or public swimmers.
Some coaches have asked me the question; how do you get everyone to listen to you like that? The trick is this; don't start until they are all looking at you. Then…away you go. I always say to a new group (because your regular group should know), 'I know you are not listening unless you are looking at me'. This is easy to do and easy to see. Just wait, don't shout. You are in charge.
How you make it interesting and how you keep their attention is your style and charisma once you start talking. Keeping attention is a bit of a trick but basically you should keep the information short; one aspect of information. Not two or three…or ten. Only one. You may find this hard to do at first and certainly I frequently find myself giving too much information but it is much more affective to keep it 'simple stupid'.
Keeping attention can also be done by finding something that helps you to get your point across. I like to use a white board to get my point across. This is my style and maybe not for everyone but it is different so it is interesting.
As I talk I draw. This has always worked for me. If you want to see something truly amazing go to a Milt Nelms clinic. That is truly art. If you don't know who he is, then you don't know who Bill Boomer is, and if you don't know who he is…then you should.
Use questions to help you to get your point across and keep your idea simple. It helps to make sure you are the most interesting thing and make sure everyone can hear you by speaking slowing in an echo-like environment.
This entry was posted in General Knowledge on swimming and tagged Bill Boomer, Coaching, how to teach, Milt Nelms, swim, swim coach, swimmers, swimming, training. Bookmark the permalink.
Comments here are helpful because it brings everyone from various social media places together, comments on FB or Linkin etc are only seen by those on those medias. Thank you for comments!


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DA MPL Assistance Network
News by the DA MPL Network
Provincial Legislatures
2014/15 Social Development Budget
Posted on March 25, 2014 by DA MPL Assistance Network
Albert Fritz MPP
Western Cape Minister of Social Development
Honourable Speaker
Premier, Cabinet Colleagues and Members of this House,
Leaders in Local Government,
Community and Religious leaders,
Representatives from our service delivery partners and other NGOs
Colleagues and friends,
Citizens of the Western Cape
Today I present the final departmental budget during our term of office.
During this time, we have worked hard to improve the efficiency and reach of social development services in this province.
The steps we have taken include:
an increase in the number of social workers employed by the department to serve the public from 388 in 2009 to 741 in 2014.
replacing the department's 16 district offices with 6 regional offices and 37 local offices – ensuring a greater spread and availability of social welfare services to the citizens of the Western Cape. This process required major infrastructure roll-out and adjustments in organisational structure.
An overhaul of our department's human resources in order to build capacity, clarify reporting lines and strengthen accountability. This has brought with it a reduction in the number of staff on contract or additional to the establishment from 247 to 57, creating a more stable organisation.
Mr Speaker, we have made good progress with cleaning up financial misconduct and maladministration in the department to ensure money is used for its intended purpose. The number of outstanding FIU cases reduced from over 30 in 2011 to only 1 case which is currently in progress.
In terms of financial management, the department continues to receive unqualified audits, and we each year we further improve our ability to make savings through strict austerity measures. In fact we have led the way in this, considering that most of the measures contained in National Treasury's Instruction 1 of 2013/2014 on Cost Containment had already been in place in our department for well over a year.
In order to improve services at the residential facilities that we run, we have introduced a Facilities Strategy, which sets out the details and standards for all programmes and interventions at our Child and Youth Care Centres and our substance abuse treatment centres. An inspectorate has also been established to protect the rights of residents and ensure adherence to legislative compliance at the facilities.
We have greatly strengthened our capacity to manage funding of NGOs to render social services on behalf of the department. Our introduction of a comprehensive NGO funding policy has enabled us to ensure that funding applications and allocations are managed through a consistent and transparent process. . Alongside this we have introduced new departmental systems for monitoring the use of these funds by NGOs, ensuring that the vulnerable citizens of the Western Cape get maximum benefit.
It comes as no surprise, that the Financial and Fiscal Commission in their submission for the division of revenue in 2014/2015, found that the Western Cape Department of Social Development spends a bigger portion of our budget (68%) on transfer payments to NGOs than any other province in this country. The department thereby ensures exceptional value for money, as noted by the Auditor-General.
National Development Plan (NDP)
The DA Government in this Province and therefore my Department too, has endorsed the National Development Plan. As the Provincial Government we have endorsed the noble objectives of the NDP- especially its focus on eliminating poverty and reduce inequality by 2030.
In truth Mr Speaker, in many ways much of the work done in my Department already actively implements what is proposed in the NDP. Nowhere is that more clear than in the youth Development strategy that has been endorsed by Cabinet and the implementation of which will be spearheaded by my Department.
For the first time ever the province has a comprehensive and detailed youth development strategy. Aligned to this, is my department's youth development strategy that guides all our programmes targeting young people.
The most important outcome for the strategy is that:
'By age 25 all young people of the Province should be economically self –sufficient and independent, healthy, with positive family, personal and social relationships, and should be active in their community'.
Chrysalis Academy
The Chrysalis Programme has grown so much that I can say without fear of contradiction that it is the best youth development programme of its kind in the country! Through the Chrysalis Academy, we have over the past 2 years placed well over 600 young people into work opportunities. I wish to thank my fellow trustees, Minister Ivan Meyer, Minister Donald Grant, Minister Dan Plato, Ms Lucille Meyer, and Ms Marlene Le Roux for their incredible commitment and contribution to this amazing academy.
Youth Café
Since launching the youth café in January this year, nearly 500 young people have registered at the café, in order to access the services, opportunities and support to young people.
We are currently engaging with the Department of Economic Development and Tourism (DEDAT) with a view to provide 300 job opportunities from their work and skills programme. We are hoping to finalise this agreement shortly.
In my department, we are securing 390 EPWP work opportunities and will continue to increase this number.
Youth who are registered with the youth café, will now also be able to earn earn Zlato – the virtual currency of the youth café – when they join a library or visit a museum in the province. I wish to thank Minister Ivan Meyer, from Cultural Affairs and Sport for agreeing to this.
We will in the coming year be aiming to roll out youth cafes to Atlantis, George and Nyanga Junction.
We recognise the extent to which substance abuse poses a challenge to communities, especially the youth. So to offer more treatment opportunities, we have increased the number of drug rehabilitation centres from 8 in 2008 (5 of them residential) to 28 in 2014 (9 of them residential).
Following the positive results with our pilot out-patient projects for school children in Eerste River and Mitchell's Plain, we have extended the project to Steenberg and Hout Bay.
In order to address the growing problem of heroin use in the Western Cape (which was previously more dominant in Gauteng and KZN), we have moved quickly to introduce out-patient Opiate Substitution Treatment in the Western Cape.
A pilot site, which is the result of a partnership between the Department of Health, Social Development and Sultan Bahu, is now operating in Mitchell's Plain.
Although this is an internationally recognized method of tackling heroin and other opiate addiction, it is the first of its kind in South Africa.
A further challenge lies in the rise of gang violence that is often associated with and related to the drug trade. This seriously hampers our ability to keep up with the demand for treatment. Druglords and merchants should be arrested, investigated by the SAPS, convicted and NEVER PAROLED!!!!
Early Childhood Development (ECD)
While we recognise the value of investing in our youth, we also recognise the need to start much earlier in life. For this reason, early childhood development (ECD) has over the past two years been prioritized.
We fund over 1000 ECD centres across the province and are currently also working with 800 unregistered facilities to help them comply with norms & standards as directed by the Children's Act.
We have also trained nearly 1000 ECD practitioners to be able to offer approved learning programmes to the children in their care.
Over and above this, we have provided the ECD practitioners with and ECD Bible – a step by step guide on how to prepare and present lessons – as well as a hamper of educational toys. They have also been taught how to use these toys to reach the desired learning outcomes in the classroom.
Disabilities, is and remains a key priority for the Western Cape Government. My department is in fact spearheading the Premier's focus on Children with Disabilities. We have partnered with an NGO, UHAMBO, and together we went into communities to identify especially disabled children, who are not linked to any support services, and to remedy this. We have also trained parents and caregivers, to be able to not only care for their disabled children at home, but to also stimulate their development.
We will furthermore facilitate the establishment of at least one protective workshop in Mitchell's Plain, for intellectually challenged youth – particularly those over the age of 18.
We know that families play an important role in the survival, protection and development of children and adults.
Last year I launched a campaign entitled "child protection starts at home". We shall continue to drive this message and work tirelessly to strengthen and rebuild our families…..this is critical in addressing the myriad of social ills plaguing our communities.
This puts the onus on parents to take their parental responsibilities seriously, especially the role of fathers as role models to their sons and daughters.
Victim Empowerment Programme (VEP)
We strongly condemn the brutal and violent attacks on women and children, and as a society we need to stand together to fight this scourge.
My department will shortly be rolling out a new gender based one-stop centre project in partnership with the Saartjie Baartman Centre. In this way we hope to see maximum impact with our programmes, collectively drawing on resources across government departments and different spheres of government, as well as civil society.
We have also made provision for the expansion of shelters for victims of gender-based violence.
In line with the Older Persons Act, we will continue our campaign to register all residential facilities, whether state funded or private. This will enable us to monitor the treatment and care of all older persons and to protect their rights and dignity at all times.
We continue to put pressure on SASSA, to get their house in order so that our older persons can be treated with the respect, dignity and care they deserve, when it comes to accessing their social security grants. The blatant disregard for their human rights is insulting and unacceptable.
Nutrition / Food Security
Despite being accused of closing down soup kitchens and feeding sites, this Department actually provides meals at nearly 200 sites, including 140 MOD centres, where meals are provided daily. In fact, this year our budget for feeding schemes at MOD centres has nearly doubled. It should also be noted that the Western Cape Provincial government overall feeds in excess of 550 000 people on a regular basis.
Mr Speaker, the 2014/15 budget for the Western Cape Department of Social Development is set against a backdrop of the disintegration of the social fabric that holds communities together, and in the services we deliver and programmes we roll out to communities we have to bear this in mind. At the same time we are guided by our strategic objective of promoting social inclusion and reducing poverty.
So, Mr Speaker, allow me to outline the most significant funding allocations.
The department's total budget allocation for 2014/15 amounts to R1.756 billion, an increase of R169 million from the previous financial year.
Speaker, under Programme 1, the budget for Administration is up from R184 million last year, to R222 million this year. This programme provides strategic management and support services.
Programme 2: Social Welfare Services grows from R570 million to R616 million. This programme provides integrated developmental social welfare services to older persons and persons with disabilities.
Programme 3: Children and Families grows from R528 million to R569 million. This programme provides a comprehensive child and family care and support service to communities in partnership with stakeholders and civil society organisations.
Programme 4: Restorative Services grows from R256 million to R280 million. This programme provides integrated developmental social crime prevention and anti-substance abuse services.
Speaker, our budget for Programme 5: Development and Research is allocated R68 million, up from R49 million last year.
This programme provides sustainable development programmes, which facilitates empowerment of communities based on empirical research and demographic information.
Compensation of employees increases from R511 million last year to R572 million this year. We have allocated funds for the filling of much needed vacancies in our service delivery departments.
The bulk of the funding goes toward transfer payments to NGOs. We have increased funding to NGOs from R872 million last year to R964 million this year. That is nearly R1 billion to NGOs – yet the opposition still accuses this government of funding cuts. NGOs will once again receive an inflation-related increase of 6% on their allocations.
So in summary, of the R1.7 billion total budget, more than R1.5 billion goes directly to service delivery to the poor and vulnerable.
Mr Speaker, none of these achievements would have been possible, without a few key people
The senior management in the Department has been a pillar of strength across all chief directorates. Your vision, commitment and passion for the work we do, has inspired me over the years.
To my cabinet colleagues, the Ministry staff, my executive team, the officials in my department and our service delivery partners, it has been an honour working with all of you and I thank you for being part of this journey and contributing in various degrees to the work we do.
To all staff members in the local and regional offices, from social workers to child and youth care workers, I salute your commitment to making a difference in the lives of our people.
And lastly, to my wife and son, thank you for all your love and support.
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The college of engineering (hereinafter COE) was established in 2004 when the then Ming Chi Institute of Technology was transformed into a university. The mission of COE is to provide an environment where education and research can enhance one another in fostering competitive young engineers and emerging local industries. The COE is made up of three departments, three affiliated institutes and two research center. These are Department and Graduate Institute of Electrical Engineering, Department and Graduate Institute of Electronic Engineering, Department of Mechanical Engineering, Graduate Institute of Electro-Mechanical Engineering and Organic Electronics Research Center,Center for Reliability Engineering. The scope of research of the COE covers the entire range of electrical power transformation/control, digital electronic technology and precision machinery.


You can't go wrong with gift cards. That's why Man of Many is co-sponsoring this awesome prize pack comprising entirely of gift cards and subscriptions to some of the best retailers and services for men.
That's over $2000 worth of gear. To win, all you need to do is enter your details on the competition page and the Winner be will be chosen at random on 22nd December 2017 and notified via email.


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Ambassador Brownback Heads To Rome
Please pray for divine appointments and blessed conversations as Ambassador Sam Brownback heads to Rome to talk about international religious freedom to a gathering of Catholic legislators from around the world. Pleas pray for protection and favor in any opportunities this week to interact with the Pope, Vatican officials, American representatives, and leaders from across the globe.
Please pray for wisdom for the U.S. as it considers ways to address persecution around the world, including particularly dangerous situations for Rohingya Muslims in Burma, Uighur Muslims in China, and Christians in Nigeria.
Canada: University Caves, Drops Moral Code
"A Christian university in Canada caved to the pressure of a number of law societies and removed its pledge committing students to biblical moral conduct – so that its graduating students can be accredited in the nation's legal system."
Iran: Couple And Their Church Sentenced To Prison For Their Faith
"Iran's Islamic regime has sentenced an Iranian couple to prison for practicing Christianity and also sentenced every member of their church to one year in prison."
Turkey: Imprisoned Pastor Released On Home Arrest
"The ACLJ represents the family of Pastor Andrew – a U.S. citizen from Black Mountain, North Carolina – who has spent nearly 21 months imprisoned in Turkey because of his Christian faith. Pastor Andrew has been on trial for the crime of "Christianization," and the ACLJ has been working in this country and abroad to secure his freedom.
We have confirmed that the Turkish government has issued an order releasing Pastor Andrew from prison and allowing him to be returned to his home in Turkey. This is a critical first step that we believe will result in the freedom of Pastor Andrew so he can return to the United States and be reunited with his family."
CA: Charter School Faces Suit For Religious Discrimination
"A new lawsuit has been filed in Riverside Superior Court on behalf of a piano teacher who was rejected by a charter school for religious reasons…Solomos was initially told by the charter school's management company that her application had been approved. But when they told her there was a prohibition on teaching religious music, she got curious. She asked about old spirituals and "Amazing Grace," which are in many piano method books. She was told she should tear out such songs or cover them over. Solomos noted that great composers like J.S. Bach composed religious music and even signed his works to the glory of God."
CA: Chino Valley School Board Appealing To Supreme Court
"The Chino Valley Unified school board is asking a higher power for help in its ongoing legal battle over prayer at meetings: the U.S. Supreme Court. A week after the 9th U.S. Circuit Court of Appeals ruled against the board, a majority of its members voted at a special meeting Wednesday, Aug. 1, to direct legal counsel to file a petition with the Supreme Court for a review of the ruling. The filing may include a petition for the 9th Circuit rehearing the case in an en banc session, in which all of the court's judges, and not just a three-member panel, reconsider the case."
CA: AB 2943 – Prayer And Action
Although Californians showed up in mass at the capitol to oppose AB 2943, the bill passed the legislature this week. AB 2943 was changed slightly in the Senate, so the full Assembly must approve those amendments. The next voting opportunity is Monday, August 20th.The bill must be approved by the Assembly by August 31, 2018, or it is dead.
The bill states that licensed counselors, pastors and religious leaders, cannot counsel anyone struggling with their sexuality according to a Biblical worldview. According to Heritage Foundation, "This law would be triggered when a transaction occurs—a counselor's payment, an attendance fee, the cost of a book, or a pastor's speaking fee. Anyone who is offended by a statement, teaching, or practice with regard to sexual orientation and gender identity could then file a lawsuit against a minister, counselor, author, store, or educational institution that offended them." This is just the beginning. The far reaching consequences are staggering.
Contact the offices of the Governor and the Assembly members so they know how much we value our First Amendment Rights! Use these Talking Points when calling your senator or the Governor.
CO: Baker Back In Court
"Less than three months after winning a Supreme Court case backing his religious freedom of expression, Colorado Christian cake artist Jack Phillips is finding himself at the center of yet another cake and faith-based battle. A new complaint was recently filed against Phillips with the Colorado Civil Rights Division after an attorney approached him and asked him to make a cake celebrating the anniversary of a gender transition. The attorney requested that the cake be pink on the inside and blue on the outside, representing a transition from male to female. Phillips declined to make the cake based on his religious beliefs."
VA: Bible Studies Banned From Public And Private Areas
"Attorneys representing a pro-religious organization have sent a letter to a Fredericksburg, VA-based senior living operator, alleging that rules against Bible studies in a community room constitute religious discrimination."


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GC's Petree reflects on 'most challenging fall' of her career
Dustin Kent
When Cayla Petree was hired by Gulf Coast in April to replace retiring legend Roonie Scovel, the former South Plains coach knew it was going to be a major challenge taking over the nation's premier JUCO program while navigating her way through a worldwide pandemic.
That's why Petree welcomed the news in the summer of the NJCAA moving all fall and winter sports into January of 2021, as it gave her and her players more time to prepare for the upcoming season without having to rush through an abbreviated offseason.
Five months later, the Lady Commodores coach is left to wonder just how prepared her team will be when the season officially begins with a home contest against Florida State College at Jacksonville on Jan. 23.
Through injuries and attrition, Gulf Coast hasn't had 10 healthy players during the fall semester and thus hasn't been able to scrimmage five-on-five in practice or take advantage of the NJCAA rule allowing five scrimmage dates against outside competition.
The Lady Commodores are yet to have a single scrimmage date, though they could still have two dates in the spring semester if possible.
With her players off until January for the Christmas break, Petree can now reflect on a semester she called "the most challenging fall I've ever had in all my years coaching."
"Just starting off with the move and then the restrictions from the pandemic, then we were hit with some injuries and were never actually able to play five-on-five," she said. "I think the most we ever had sitting at one time was seven players. It was challenging with the social distancing at first and then just trying to navigate around who's healthy when and what we're able to do. It's a different approach, but we're excited to come back in January."
Petree lost two players from her initial recruiting class, while two more newcomers, freshman guards Dee Pinnick and Mikaylin Glover, have been out due to injuries and sophomore Laila Grant is still recovering from the ACL injury that cut her 2019-20 season short.
Petree said she still hopes to sign two more players for the spring, but the roster limitations in the fall made it difficult for the Lady Commodores to get as much work done as she would've liked.
"I feel like we're behind conditioning-wise and just understanding what it's gonna take to be successful in the Panhandle Conference," she said. "It's been very, very tough. I believe what's made our players and programs previously successful has been the consistency and the structure and we don't have that now because of so many unknowns.
"It's not really anybody's fault. We never knew what to expect and were never able to get into a rhythm in the fall, but we held it together and we're gonna fix that."
Without the ability to scrimmage, Gulf Coast has instead focused on skill work, with "lots of shooting," and running through plays five-on-zero while also working some two-on-two and three-on-three drills.
While the injuries have prevented the Lady Commodores from having their full complement of players, they haven't fallen victim to COVID-19 exposure, according to Petree.
"We never had any positives," she said. "We had a couple of scares where people were exposed and had to be tested, but we never had anything where they had to be out for more than like a day or two. We were extremely cautious. Any time we had any concern with it we'd test and then we'd come back.
"The entire athletic department has been very cautious. Coach (and athletic director Mike) Kandler wanted us to err on the side of safety."
The school will continue to do so when the games begin with a no fans policy that Kandler announced earlier in the week.
Petree said it's unfortunate that Gulf Coast fans won't get to support the Lady Commodores in person to start the season but that she supports the decision.
"I think obviously we want people in the stands and that's an advantage for the home team," she said. "We absolutely want that in normal circumstances, but the No. 1 goal is our kids' safety and No. 2 is we're trying to make sure we get to play as many games as possible. If the way to do that is to have as limited an amount of contact with other people as possible, I'm just happy that we're getting to play games."
With the first game just six weeks away no more practices scheduled for another three weeks, Petree said she can't help but be concerned with just how far along the Lady Commodores will be by the season opener.
"There's tons of, I don't know if I'd call it anxiety, but an awareness of a challenge of being off for three weeks," she said. "We had a team meeting where we talked about the importance of coming back in condition. We can't just take three weeks off without doing anything or we'll face more nagging injuries.
"We talked about being smart and using our heads. We don't need to go home and go crazy. If we want to have a season we can't come back with positive tests and we can't spread it around. We've got to be smart and disciplined."
While expectations within the program remain high, Kandler said his message to all of his coaches has been that this won't be the year to judge their performance based on win-loss record due to the underlying challenges they're all facing.
Petree said that she appreciates that sentiment, but her mentality has not changed one bit.
"With all respect to coach Kandler, my mind doesn't work like that," she said. "We're always gonna try to win. It doesn't matter what kind of fall we've had or the hurdles we've had to overcome. We're gonna go try to win every game on the schedule every night regardless of what happened the night before, regardless of who has practiced.
"If we play it we're gonna play to try to win it. That's just how I'm wired. I'm gonna hate it when we lose and you're not gonna hear me make any excuses. If we win we'll be happy and if we lose the circumstances won't matter. We'll just fix it and move forward and try again the next time."


We train teachers. They change the world.
UTeachTech is the latest innovation in STEM education at Louisiana Tech. By offering STEM majors an academic minor in Secondary Education (Grades 6-12), UTeachTech pairs the University's esteemed engineering and science programs with its outstanding teaching preparation programs. The result is a single, inter-disciplinary degree program that provides students with the knowledge needed to work in industry and the skill set to lead in the classroom.
UTeachTech provides students with more skills and more potential career paths than a STEM degree or an education degree alone would provide.  UTeachTech graduates have a bachelor's degree in a STEM field and certification as a high school teacher. That means they can go directly into a STEM profession, teaching, or graduate school. Even with all of these options available, 80% of graduates of UTeach programs across the nation are still teaching after five years.
Develop highly marketable career skills, including communication, collaboration, and leadership, that are crucial in any job.
Earn up to 15 hours of honors credit.
Join the UTeachTech student group, FETCH, which offers social events and community service opportunities.
UTeachTech Master Teachers will be with you each step of the way as you decide if teaching is right for you.They are experienced science and math teachers who know what it's like to teach in Louisiana middle and high schools.
Share your love of science and math with the next generation.
Join the UTeachTech family and get the support and resources you need to be successful in college and beyond.
Your first two UTeachTech courses (Step 1 and Step 2) are fully reimbursed and give you a chance to try out the program with no commitment.
After you graduate and get your first teaching job, UTeachTech Master Teachers will support you in your first two years. They will provide resources and professional development training and will be on call for you as you take all that you learned in the program and implement it in your teaching.
What is the UTeach Model?
STEM-Focused: A national model to prepare secondary mathematics, science, computer science, and engineering teachers.
National: Founded at the University of Texas at Austin and replicated at 40 universities nationwide.
Hands-On/Field-Based: Students are placed in mathematics and science classrooms starting in their first year of study.
Efficient: Students receive a bachelor's degree in a STEM major and certification as a high school teacher with minimal added time or cost to current STEM degree plans.
Partnerships: Local school districts are an integral part of the program, including their teachers as mentors of future teachers.
Successful: 88% of program graduates enter the teaching profession; 80% of them are still teaching after five years (exceeds national average by about 15 percentage points).
Quality Graduates: UTeach graduates are comparable to other science and mathematics graduates university-wide in terms of standardized test scores and GPAs.
You can learn more about the origins of UTeach, the UTeach Institute, and the growing UTeach community by visiting the UTeach Institute website.
UTeach expands post-graduate possibilities for students, offering "one degree, two career options"—with minimal additional time or cost required.
Talk with one of out Master Teachers to determine whether UTeachTech is for you.


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Should I Stay Or Should I Go? The Proliferation Of Litigation Over Buyers' Attempts To Unilaterally Terminate M&A Transactions In the Wake Of COVID-19
Author: Alexander D. Widell
The changed economic landscape caused by COVID-19, with a shortage of debt financing and volatility in the stock market, has resulted in a dramatic downtick in M&A activity. Not only are buyers skittish about making acquisitions in the first instance, many buyers are now faced with the difficult decision of whether to terminate pending deals that have been signed, but have not yet closed, based on the "material adverse effect" ("MAE") clause contained in their merger agreements. MAE clauses are used to both condition a purchaser's obligation to consummate the merger on the absence of an MAE and to qualify the parties' contractual representations and warranties, which typically are deemed not only made on the date of the contract but also carried forward to the date of the closing.
In the wake of COVID-19, many buyers have already unilaterally backed out of consummating merger transactions, especially after the World Health Organization categorized COVID-19 as a pandemic. While some transactions were terminated by mutual agreement of the acquirer and the target, or renegotiated to a lower purchase price, many terminations have been, and will continue to be, unilateral and contested as evidenced by the recent rash of lawsuits filed in Delaware's Court of Chancery (often referred to as "the Mother Court of corporate law") by would-be buyers who terminated pending transactions based on the decline in value of the target company and its prospects for long-term earnings. As of the date of this post, no court has yet addressed whether the impact of COVID-19 is an MAE, but buyers considering whether or not to unilaterally terminate a transaction can find guidance from courts who have analyzed MAE provisions in M&A litigation triggered by events other than COVID-19.
The Structure of an MAE Clause: An Exercise in Risk Allocation
MAE clauses are heavily negotiated, tailored to the particular transaction at issue and reflect the allocation of risks the parties are willing to take that an event will not occur between contract signing and closing that materially changes the business of the target and the economics of the transaction. Traditionally, an MAE clause has three components, beginning with a general affirmative statement that conditions the obligation to close the transaction on the non-existence of an MAE and permits the buyer to terminate the transaction at no cost in the event of an MAE. A typical MAE clause broadly defines an MAE as any development, event, or series of events that had, or would reasonably been expected to have, a material adverse effect on the business, assets, financial condition, or results of operations of the target company. Thus, in terms of risk allocation, the seller assumes the initial risk that an MAE will not occur.
The general affirmative statement is followed by carve-outs – i.e., an enumerated list of events or developments that a buyer cannot rely on to unilaterally terminate a transaction. The carve-outs are usually events that are not specific to the seller and beyond the control of both the buyer and the seller, such as changes in the law or changes in economic conditions that generally affect the target's industry. Pandemics have historically not been included in merger agreements as an MAE carve-out, but the trend is changing in the wake of COVID-19. In terms of risk allocation, the buyer assumes the risk that the carved-out events will not occur between contract signing and closing. The carve-outs, however, are themselves subject to a "disproportionate effect" exception—the third component—which shifts the risk back to the seller and gives the buyer the right to terminate the transaction when the carved-out event has a disproportionate effect on the target company as compared to other companies in the industry.
A Difficult Road to Hoe
Historically, a buyer's ability to unilaterally terminate an M&A deal in the midst of a severe economic downturn—such as the 2008 global financial crisis—based on an MAE has been exceedingly difficult. Indeed, prior to its 2018 decision in Akron v. Fresnius, no court in Delaware—where the vast majority of corporations are incorporated and whose law usually governs merger transactions—had let a buyer off the hook as a result of an MAE. Because courts presume that an acquirer is purchasing the target as part of a long-term strategy, buyers invoking an MAE clause have the burden of demonstrating that the alleged transaction-terminating event is expected to have a long-term impact on the target's financial condition, results of operations or earnings potential. As the Delaware Chancery Court held in In re IBP, Inc. Shareholders Litigation (applying New York law), the important factor to an acquiror considering whether to terminate a transaction "is whether the [target] has suffered a Material Adverse Effect in its business or results of operations that is consequential to the company's earnings power over a commercially reasonable period, which one would think would be measured in years rather than months." 789 A.2d 14, 67 (Del. Ch. 2001) (emphasis added). The court in IBP held that an MAE clause "is best read as a backstop protecting the acquirer from the occurrence of unknown events that substantially threaten the overall earnings potential of the target in a durationally-significant manner. A short-term hiccup in earnings should not suffice; rather the [MAE] should be material when viewed from the longer-term perspective of a reasonable acquirer." 789 A.2d at 68.
The Delaware Chancery Court faced another opportunity to analyze an MAE clause in Hexion Specialty Chemicals, Inc. v. Huntsman Corp., 965 A.2d 715, 738 (Del. Ch. 2008), a case arising out of Hexion's termination of its acquisition of Huntsman Corp. after Huntsman reported a decline in quarterly earnings and questions arose about its ability to remain solvent after the merger. The Court again reiterated that a short-term decline in earnings is insufficient to trigger an MAE clause. The Court reaffirmed that the purpose of an MAE clause is to protect the buyer from an adverse change in the target's long-term earnings potential, and that to be considered an MAE, "poor earnings results must be expected to persist significantly into the future." In a recent decision from the United States District Court for the Southern District of New York, the Court reaffirmed that the financial impact of the event must be "'viewed from the longer-term perspective of a reasonable acquirer,'" and that to be material, the effect of the unforeseen event must "substantially threaten the overall earnings potential of the target in a durationally-significant manner,' "and that "'[a] short-term hiccups in earnings should not suffice.'" Newmont Mining Corporation v. Anglogold Ashanti Limited, No. 17-CV-8065 (S.D.N.Y. March 18, 2020).
Will the Effects of COVID-19 Constitute an MAE?
So, how will these rules apply to buyers who are considering terminating a transaction because of COVID-19's effects on the seller's financial condition? The buyer should carefully analyze the terms of the MAE clause in the operative agreement. Initially, it should determine whether the agreement has carved out pandemics, generally, or COVID-9, specifically, from the definition of an MAE. If pandemics have been carved-out, then the buyer will have to determine if the impact on the target was disproportionate to other companies operating in the same industry. Assuming the MAE clause does not contain a carve-out for pandemics, the buyer will have to undertake a fact-based analysis to determine whether COVID-19 threatens the overall earnings potential of the target in a durationally-significant manner—i.e., years, not months. Such a showing may be difficult because the outbreak of COVID-19 is relatively recent and the scientific community is unable to predict—least for now—its duration.
If you have any questions regarding the contents of this article please reach out to Alex Widell at awidell@moritthock.com or (516) 880-7233.
Tags: #covid19, #litigation, #maeclause, #mergersandacquisitions
Alexander D. Widell
Alex Widell is a partner of the firm and has over 30 years of experience in complex business litigation. His practice focuses on high stakes business disputes. Read More
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No, this isn't a joke about Eddy Curry! This is an actual "Sport Science" segment that ESPN just ran that features Kevin Love boxing out a sumo wrestler who weighs nearly 100 pounds more than him. Our only question: The sumo wrestler couldn't have thrown on a basketball uniform for the sake of the segment? We can't imagine that his attire made things any easier for K-Love.


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Chuck E. Cheese Is Reinventing Itself as a Millennial Parent Hangout
No one goes to Chuck E. Cheese for the food. So this is clearly an eatertainment play; almost like a Dave & Buster's for kids.
— Danni Santana
Remodeled stores have more muted tones and wood paneling, rather than the loud colors the chain was known for. / Chuck E. Cheese
chuck e cheese / eatertainment / ipo / store development
By Leslie Patton, Bloomberg
The parent company of Chuck E. Cheese may be returning to the public markets it left five years ago, but the future of the kiddie pizza chain should feel very different than the version acquired by private-equity firm Apollo Global Management in 2014.
That's because the chain –– a kids' birthday party destination known for pizza and arcade games –– has been spending heavily to reinvent itself as the kind of place millennial parents want to go. That includes remodels costing as much as $575,000 apiece, with plans for 60 more this year, including more comfortable seating for adults, like bar stools and high-top tables, along with Wi-Fi.
"The remodels are focused on making it more comfortable for mom and dad," Chief Executive Officer of parent company CEC Entertainment Inc. Tom Leverton said in an interview. "We need to persuade them they can have a good time at Chuck E. Cheese, too."
Going Public
CEC Entertainment, which runs Chuck E. Cheese and Peter Piper Pizza, announced Monday plans to merge with a so-called blank check company –– a shell company that raises money from investors to pursue unspecified acquisitions –– in order to go public on the New York Stock Exchange. The deal with Leo Holdings Corp. offers an alternative route from an initial public offering and values the company at about $1.4 billion. Leverton will continue to run the company, which will be renamed Chuck E. Cheese Brands Inc.
Apollo, which bought Chuck E. Cheese in February 2014 in a leveraged buyout, will not be selling any shares and will continue to be the largest shareholder with about 51 percent ownership of the company after the closing, expected in the second quarter.
The remodels, which are already in progress, will ramp up after the deal, and it will take about four or five years to do all restaurants, Leverton said.
Better Music, Wine
New stores have more muted tones and wood paneling, rather than the loud colors the chain was known for. And they're intermixing songs from Taylor Swift and Justin Timberlake into the playlist so children's music doesn't get stuck in parents' heads. Even the iconic animatronic characters are gone. In their place, there's a light-up dance floor where a real-live Chuck E. Cheese comes out every hour.
During its years as a private company, the chain has also tried to improve its menu with higher-quality wine, more craft beer and adult-friendly pizzas like barbecue chicken and Cali Alfredo that has spinach and mushrooms.
The efforts have started to pay off: the company says it expects same-store sales for the parent company to rise 7.7 percent in the first quarter, a turnaround from the anemic growth of past quarters.
This article was written by Leslie Patton from Bloomberg and was legally licensed through the NewsCred publisher network. Please direct all licensing questions to [email protected]
We're continuing to see a trend among large restaurant chains of marketing during sports telecasts. What will these companies do during the summer, when the sports calendar is always runs a little dry?
To Papa John's credit, the company has been on the offensive this year, but positive same-store sales will likely not come until 2020.
Five Things Restaurateurs Should Know About Millennial Business Travelers
With company money to spend, clients to entertain, and time to explore, the value of business travelers is often overlooked by restaurateurs. Due to their sheer size and spending power, millennial business travelers are an especially important audience that restaurateurs should get to know.


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Things was designed to very last, right before machinery and tactics have been developed which intended building and producing home appliances was seriously low cost and straightforward. Presently, the federal government is trying to turn back towards the very good previous times by encouraging manufacturers to build eco-friendly merchandise and for men and women to own merchandise repaired where by probable instead of throwing them in a landfill and obtaining new.
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