Drug Trafficking

News & Analysis as of

Marijuana Taxation Update: State Sanctioned Marijuana Industry Must Keep the Federal Anti-Drug Trafficking Tax Code in Mind

As we have previously reported, despite the growing number of States that have authorized the use of marijuana in various forms, the federal government has continued to crack down on dispensaries. In addition to direct...more

Anti-Money Laundering Compliance Update: FinCEN Issues Guidance For Financial Institutions Providing Services To Marijuana-Related...

On February 14, 2014, the Financial Crimes Enforcement Network (“FinCEN”) issued its guidance “BSA Expectations Regarding Marijuana-Related Businesses” in an effort to clarify Bank Secrecy Act (“BSA”) expectations for...more

White Lines Float Away: Coast Guard Catches Caribbean Contraband

A Florida-based Coast Guard crew returned to port with a $23 million contraband haul, which represents the fruits of a five-week Caribbean patrol. Unloading the 1,500 pounds of cocaine it had seized near Puerto Rico, the crew...more

Supreme Court Requires Warrant to Search Computer Content

Background - In R. v. Vu, the property owner was criminally charged with production of marijuana, possession of marijuana for the purpose of trafficking and theft of electricity. The police had obtained a warrant...more

Florida Possession With Intent to Deliver Controlled Substance Not An Aggravated Felony

Convictions of certain types of crimes, referred to as “Aggravated Felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types...more

Georgia Becomes Ninth State to Pass Legislation Regulating Pain Management Clinics, in Attempt to Stop "Pill Mills"

On May 2, Georgia Governor Nathan Deal signed Georgia House Bill 178, making Georgia the ninth U.S. state to pass legislation regulating pain management clinics....more

Ohio Drug Trafficking And Distribution Laws

It is against the law to possess, use, sell, manufacture or distribute illegal drugs in Ohio....more

Short Wins - And More On Jury Nullification

Six new cases from the federal circuits this week. My favorite - a subjective measure, I know - is United States v. Ramirez. Any time a court, even the Ninth Circuit, vacates a drug conspiracy conviction for insufficient...more

Can Police Enter Condominium Common Elements Without A Search Warrant?

As reported in the Ottawa Citizen, in a recent drug trafficking case the Ontario Superior Court considered whether the police could enter, without a search warrant, the common elements of the condominium building in which the...more

Not The Spice Of Life

As new drugs move into mainstream use in Ohio, new laws are written to control or prevent sale and abuse of those drugs. One recent class of drugs prohibited in Ohio is synthetic cannabinoids, known among other names, as...more

Update: IRS Continues To Use Anti-Drug Trafficking Tax Code Provision To Limit The Ability Of Marijuana Dispensaries to Deduct...

As we have previously reported, despite the growing number of States (18 in total) that have sanctioned the use of marijuana in various forms, the federal government has continued its efforts to crack down on dispensaries....more

Short Wins - Resentencings Abound

It's been a big week for resentencings - especially in the Sixth and Seventh Circuits....more

Recent Conviction of Medical Marijuana Distributor Highlights Continuing Federal Efforts To Prosecute Medicinal Marijuana Under...

On January 7, 2013, Aaron Sandusky, operator of three medicinal marijuana dispensaries in Southern California, was sentenced to ten years in federal prison for violating federal drug laws. Sandusky’s conviction highlights the...more

Lesson from Smith: Withdrawal from a Criminal Antitrust Conspiracy Must Be Affirmative

In a narcotics case surprisingly relevant to the antitrust world, the United States Supreme Court recently addressed withdrawal from a criminal conspiracy. In Smith v. United States, a unanimous Court held that the burden...more

Drug Possession And Trafficking In Florida

The FBI reports that in 2011, law enforcement made 12,408,899 arrests in the U.S., of which the highest number, 1,531,251, were for drug abuse violations. Florida State Law proscribes harsh penalties for drug possession and...more

Short Wins - Restrictions On Prison Communications, Career Offender Remands, Competency Hearings, And Mail Fraud

In our first "Short Wins" of the new year, the Eighth Circuit reverses a district court's order restricting a person in BOP custody from communicating with folks on the outside, the Ninth Circuit reverses on a career offender...more

Drug Trafficking In The Waters Of Panama Is Not A Crime In The United States

Sometimes a boat ride - a three hour cruise - can take you places you could never have anticipated. For Yimmi Bellaizac-Hurtado, Pedro Felipe Angulo-Rodallega, Albeiro Gonzalez-Valois, and Luis Carlos Riascos-Hurtado, a...more

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