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Maryland Court: Cops Can Stop, Question Someone Who Smells of Pot

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Officers in Maryland may stop and question an individual who smells of cannabis, a court ruled last week.

In a divided ruling, the state’s Court of Appeals said “the drug’s aroma provides police with ‘reasonable suspicion’ that the person may have 10 grams or more, thus permitting the officers to conduct a brief ‘investigatory’ stop,” the Daily Record reported.

But the ruling does not give law enforcement carte blanche in those circumstances. According to the outlet, those officers “must end the stop if they do not quickly obtain information that gives them probable cause to believe the person has at least 10 grams or has committed another criminal offense.”

And the Daily Record noted that, despite the ruling, “possession of less than 10 grams of the drug is not a crime in the state.”

The ruling stems from a case involving a 15-year-old who was found to have a handgun in his possession. Officers found the weapon on the juvenile’s waist after conducting a frisk that was prompted by the odor of cannabis.

Last year, the Maryland Court of Special Appeals––an intermediate appellate court––took up the case and ruled that the smell of weed does not justify a cop to conduct a search, citing the decriminalization of possessing 10 grams or less of cannabis in Maryland.

“Because possession of less than 10 grams of marijuana is no longer a crime, the suspicion required to support a stop for the crime of possession of marijuana, therefore, is that the person is in possession of more than 10 grams of marijuana,” Judge Kathryn Grill Graeff wrote in her opinion, as quoted by local news outlet WTOP. “And because the ‘odor of marijuana alone does not indicate the quantity, if any, of marijuana in someone’s possession,’ [citing a previous case], it cannot, by itself, provide reasonable suspicion that the person is in possession of a criminal amount of marijuana or otherwise involved in criminal activity.”

But last week’s ruling from the state’s Court of Appeals undoes that opinion.

In a 4-3 decision, the majority “public interest in investigating and prosecuting criminal offenses, balanced against an individual’s freedom of movement and reasonable expectation of privacy in their person, leads us to conclude that the odor of marijuana by itself justifies a brief investigatory detention,” according to the Daily Record.

“Given the important governmental interest in detecting, preventing, and prosecuting crime, the Fourth Amendment allows a brief seizure, based on reasonable suspicion, to attempt to determine if criminal activity is afoot,” Judge Jonathan Biran wrote in the majority opinion, as quoted by the Daily Record. “An officer who lacks probable cause to arrest is not required ‘to simply shrug his shoulders and allow a crime to occur or a criminal to escape.’”

Judge Michele D. Hotten, writing for the minority, said that the “smell of odor on a person, alone, makes it impossible for law enforcement to determine whether the person has engaged in a wholly innocent activity, a civil offense, or a crime.”

“While reasonable suspicion is a relatively low barrier, law enforcement may not rely on a hunch that a person may possess 10 grams of (marijuana) odor in a non-medicinal capacity to form a basis of reasonable suspicion,” Hotten wrote in the dissenting opinion, according to the Daily Record.

Another judge in the majority addressed the particulars of the stop involving the 15-year-old, saying that the “officer in this case was justified in stopping [the juvenile] because police were responding to a call that a males [sic] were smoking a controlled dangerous substance in the basement of an apartment complex, which would indicate an amount of marijuana of at least 10 grams,” according to the Daily Record.



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Adults who use cannabis daily do not perceive smoking as harmful, study finds

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Questions abound about what impact legalization will have on adult and youth health.

A new study led by Dr. Renee Goodwin, Professor at the CUNY Graduate School of Public Health and Health Policy (CUNY SPH), shows that increased cigarette use is one possibility. While cigarette use has been declining for decades in the U.S., a new study finds that adults who use cannabis daily do not perceive smoking a pack a day as being as harmful as those who do not use cannabis in the U.S. In the context of recent findings that perception of risk plays a key role in predicting substance use, and that perception of risk associated with cannabis use has declined steadily along with legalization, these findings were somewhat of a surprise.

The researchers used data from adults age 18 and older in the 2020 National Survey on Drug Use and Health, a representative survey of U.S. individuals. Participants’ responses to a question asking how much people risk harming themselves physically and in other ways by smoking one or more packs of cigarettes per day were compared between those who use cannabis daily and those who did not use cannabis in the past year. Sixty-two percent of adults who use cannabis daily perceived pack a day cigarette use to be of “great” risk to health, compared with 73% of those who did not use cannabis in the past year.

“Tobacco control has done a tremendous job in public education on the physical health risks associated with tobacco use, and cigarette smoking in particular, over the past several decades,” says Goodwin, also an adjunct professor at Columbia Mailman School of Public Health. Her prior work shows that cigarette use, however, is much more common among those who use cannabis and findings suggesting that cannabis legalization may lead to increases in cannabis use and cannabis-cigarette co-use among adults.

Dr. Goodwin discussed her work, and in particular that of Canadian colleagues, at a recent public hearing for a law that would ban cannabis packaging that appeals to children in New York’s Suffolk County. Findings from recent studies in Canada, where cannabis is legal on a federal level, show increases in adult cannabis use but as of the most recent study in 2022, no significant increases in cannabis use among adolescents.

“The data suggests that plain packaging is one measure that can maximize the safe and effective rollout of cannabis legalization that ensures and protects the health, safety and wellbeing of all members of our community,” Goodwin said. “Prohibiting product packaging that mimics foods and candies that are traditionally marketed to children may reduce potential unintended harms to the most vulnerable members of our community via accidental ingestion/poisonings, which have exploded in number in recent years in the U.S., and child and adolescent intentional use of these products.”

Source: News-Medical.net

Journal reference:

Goodwin, R.D., et al. (2022) Everything old is new again: Creating and maintaining a population-level ‘shared reality’ of health risks associated with cigarette use toward both reducing the prevalence and eliminating disparities in cigarette use among all Americans. Nicotine & Tobacco Research. doi.org/10.1093/ntr/ntac177.

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Chris Webber Launches New Strains With ‘Players Only’

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NBA Hall of Famer Chris Webber announced the launch of his cannabis brand Players Only with his business partner, Lavetta Willis—and he’s bringing several familiar faces along for the ride including Quavo, Raekwon, Royce da 5’9″, Matt Barnes, and Jason Williams.

The new all-star brand was first announced on August 11. Players Only will feature an array of strains, cannabis oil cartridges, pre-rolls, vapes, as well as sport recovery and performance products. Players Only will also roll out branded apparel and footwear.

Last March, TerrAscend secured exclusive retail rights for Players Only products in Michigan through the acquisition of Gage Growth Corp, securing the way for the brand to drop.

“Players Only is more than a cannabis brand—it’s a lifestyle brand,” Webber said. “We truly have a unique opportunity to change the narrative around cannabis, empower rising entrepreneurs and set a new standard in this growing industry. We’re thrilled to launch our versatile offerings and begin the process of creating meaningful economic change in communities across Michigan. Shout out to TerrAscend and Gage—our Michigan family. Much love to Cookies and Berner, let’s go!”

In October of last year, Webber unveiled a cannabis facility in Detroit complete with a cultivation facility, dispensary, and private consumption lounge. The 180,000 square foot Players Only facility was named the Webber Wellness Compound.

The first strains to roll out include C4, Time Out, and G.O.A.T.’s Milk, as well as Non-Laters and Whipped Cherries. Later on, the brand will roll out additional strains including Blueberry Hotcakes and Ray Jackson’s Black Sox within weeks. While C4 can give off a hashy, Afghani-like appeal, G.O.A.T.’s Milk leans more sativa with a balanced amount of THC and CBD, according to reviewers. Whipped Cherries, on the other hand, tastes exactly how you’d expect it to.

“We have been working with legacy cultivators and operators seeking to establish their place in the regulated market for quite some time,” said Lavetta Willis, co-founder and President of Players Only. “The opportunity to incorporate legacy strains and expertise into the Players Only platform and menu furthers our goal of uplifting black entrepreneurs who have been building brands and intellectual properties for decades.”

The brand also announced a partnership with Raekwon from Wu-Tang Clan to launch Compliments of the Chef and his partnership with Citizen Grown. Another collaboration involves Hassim Robinson and Winner’s Circle Genetics, to bring the PB&J strain as well as Quavo’s BIRKINZ to Michigan’s cannabis market. Detroit’s legacy brand “Lil Stupid” will also launch for the first time in the adult-use market while Detroit’s own Royce da 5’9″ will roll-out his “Heaven” brand as part of an NFT. Webber’s former Sacramento Kings teammate Jason Williams will also unveil the White Chocolate strain.

Webber recently appointed Matt Barnes, former NBA star and teammate, as Chief Collaborations Officer while launching “The Smoke” with his partner and co-host, Stephen Jackson. The offering’s name is a nod to Barnes’ and Jackson’s award-winning SHOWTIME series, “All The Smoke.”

The “All the Smoke” podcast features “the brash and unapologetic NBA champions, delivers authentic, unfiltered perspective on the most polarizing topics in and around the game of basketball, including culture, social justice, politics, music and more.”

Episodes of “All the Smoke” drop each Thursday.

The launch of the brand will kick off with a limited edition brand collaboration with the Players Only x Packwoods 2.5-gram Blunt, which will be available in select stores. Learn more at the Players Only website.





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Cancer sufferer who put cannabis in her food to ease pain fined

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Heather Kennedy, aged 60, who has stage four lung cancer, admitted possessing the drug with intent to supply it and being concerned in the supply of it to her husband and son between December 26, 2020 and March 16, 2021.

Mold Crown Court heard she hadn’t realised that supplying it to members of her family was illegal. A judge gave her a six-month community order.Prosecutor Alexandra Carrier said police conducted a search of Kennedy’s home in Cae Mawr in Llandudno on March 25 last year. The defendant was there with her granddaughter.

Ms Carrier said Kennedy told an officer: “I’ve got cannabis. I’m not going to lie.”Police found snap bags with “Bob Marley” logos in a bag down the side of a sofa. The search continued and the officers discovered cannabis worth a total of £370, along with £205 in cash and two mobile phones.Kennedy told police she had Stage 4 lung cancer and had taken cannabis oil, which became too expensive.

She took cannabis in her food instead, the court heard. She also supplied it to her husband and a son but did not realise she was committing a crime by doing so to members of her family.Sarah Yates, defending, said her client is ill and had been “vulnerable to an extent” but regrets her actions.

She has lost her good name and this is “possibly a lesson well-learned”, she said.Ms Yates added: “It’s safe to say I don’t think we will see her back before this court again.”The judge Her Honour Nicola Saffman noted that, when cannabis oil became prohibitively expensive, the defendant put cannabis in her food to ease the pain from her lung cancer.

But in being in possession of a Class B drug and in supplying members of her family, she had broken the law.She said Kennedy had not realised she had committed her offences and had done so out of “sheer naivety”. She added: “You are a lady of previous positive good character.”She imposed the community order, fined her a nominal sum of £10 and ordered the destruction of the drugs and forfeiture of the cash, which will go towards North Wales Police’s fight against drugs crime.

Source: ITV

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