For the Defense - Vol. 5, Issue 1 - 39

Discuss
waiver
with your
client with
the same
to twothis
ounces
of medical
marijuana
per month.
In
Pennsylvania,
patients
are
limited
to
a
seriousness you would discuss the waiver"30-day
of any
30
supply," but the
amount
that constitutes a 30-day
constitutional
right.
22

*

Using
the who
strategy
above,
people
both in were
and not
troopers
said they
smelled
marijuana
allowed
to
search
a
car
once
they
were
shown
a
outside my office have had tremendous success with
passenger's
medical
marijuana
card,
concluding
Rule 600 motions. Oftentimes, just making it plainthat in
supply is undefined. However, the law requires
those situations the "smell of marijuana is no longer
to the
Commonwealth that you intend to seriously
recommending
physicians
to
indicate
on
the
patient's
per se indicative of a crime."33
Request discovery early and in writing. That way,
litigate
this issue can get you results. It is only one
either "recommendations,
requirements
if certification
the Commonwealth
fails to provide requested
weapon
in your arsenal,
because
a win means
or limitations
as to the continuance
form or dosage
medical
Notwithstanding
thebut
broad
protections
for the
discovery,
any required
willofbe
on
discharge,
it is asale,
potent
that
should never
marijuana product" or a "recommendation that only
cultivation,
and weapon
possession
of medical
marijuana,
the prosecution. If you have to follow-up with the
a medical
professional
employed
by
the
dispensary
the
law
does
not
amend
Pennsylvania's
DUI
Discuss this waiver with your client with the same be overlooked.
Using the strategy above, people both laws
in and
Commonwealth
about
discovery
they have
failed
to
and
working
at
the
dispensary
facility
consult
with
and
will
not
shield
a
patient
found
to
be
"under
seriousness you would discuss the waiver of any
outside my office have had tremendous successthe
with
hand
over, beorsure
memorialize
such
requests
in
the patient
the to
caregiver
regarding
the
appropriate
influence" of medical marijuana. Nor will the law
NOTES:
constitutional right.30
Rule 600 motions. Oftentimes, just
making
it
plain
andsuch
dosage
ofemail.
the medical marijuana product to
protect a non-compliant patient.34 If an otherwise
a form
writing
as an
1
Commonwealth
v. Mills, 162 that
A.3d 323
(Pa.
2017).to seriously
to
the Commonwealth
you
intend
23
be
dispensed."
compliant
medical
marijuana
patient
is found in
* Request discovery early and in writing. That way,
2
U.S.
C
onSt
.
A
mend
.
VI;
PA.
CONST.
art.
1,
§
9.
If a continuance is required due to the
litigate
this
issue
can
get
you
results.
It isnonetheless
only one
possession
of
a
smoking
device,
they
may
3
if the Commonwealth fails to provide requested
Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
Commonwealth's
failure
of diligence,
be sure
A dispensary may
not dispense
a quantity
ofto
medical
face
a
paraphernalia
offense
and/or
risk
losing
their
weapon
in your
because
a win means
4
Barker
v. Wingo,
407arsenal,
U.S. 514, but
530 (1972)
(articulating
the
discovery,
any required
continuance
will
be on
marijuana
product
that
is
greater
than
the
amount
patient
registration
card
based
on
the
Act's
smoking
put that on the record at the time the continuance
discharge, ittest);
is aCommonwealth
potent weapon
that should
never
constitutional
v. Preston,
904 A.2d
35
the prosecution.
If you certification
have to follow-up
with the
onEven
the patient's
a form
prohibition.
Moreover,
the
U.S. test
Department
of
1,be
10 overlooked.
(Pa. Super. Ct.
2006) (the
Barker
is an entirely
is indicated
requested.
if the judge
does notorrule
in or
Commonwealth
about discovery
failed
dosage
of medical marijuana
productthey
thathave
is listed
as to separate
Justice analysis
(DOJ) technically
retains
the
authority
to
from Rule 600 and therefore needs to be
your favor, 24
you have at least preserved the issue for
restricted.
enforce
federal civil and criminal penalties against
raised
separately).
hand over, be sure to memorialize such requests in
appeal.
NOTES:
5
36
Pa.R.Crim.P.
Rule 600(2)(a);
seemarijuana.
also Commonwealth
the possession
of medical
While a federal
a writing such as an email.
1
Commonwealth
v. Mills,
162 Super.
A.3d
323
(Pa.
2017).
v.spending
Kearse,
890
A.2d 388,
395place
(Pa.
Ct.
2005)
(no
The
cost
of
medical
marijuana
treatment
is
steep.
restriction
in
since
2014
prohibits
DOJ
All motions to dismiss pursuant to Rule 600 must be
2
U.S.
C
onSt
.
A
mend
.
VI;
PA.
CONST.
art.
1,
§
9.
"prejudice"
need
be
shown
to
obtain
Rule
600
dismissal).
For
example,
medical
marijuana
concentrates
from
bringing
civil
or
criminal
action
against
state-law
* If a continuance is required due to the
3
made in writing.31 File your client's motion after the
Commonwealth
DeBlase,
665
A.2d
431
(Pa.sole
1995).
While
Rule 600
has a v.
more
definitive
time427,
period,
the
in Commonwealth's
Pennsylvania currently
range
from $75-$100
compliant
medical
marijuana
businesses,
physicians,
failure
of diligence,
be sure to
4
Barker
v. 600
Wingo,
514,of530
(articulating the
focus
of Rule
is on407
theU.S.
action
the(1972)
Commonwealth.
365-day
period
has
elapsed.
If the trial
judge rules
25
per
gram.
Due
to
federal
banking
regulations,
patients,
or
caregivers,
this
protection
will
not
extend
put that on the record 26at the time the continuance
test);
Commonwealth
v. forwarded
Preston, 904 A.2d
Thus,constitutional
a constitutional
argument
should be
against
you and
the Commonwealth
dispensaries
aresubsequently
cash-only. Moreover,
because
to a patient who crosses state lines with state-legal
1,a10
(Pa. prejudices
Super. Ct.37 2006)
(the Barker
test isdelay
an entirely
when
delay
a defendant
and that
was
is requested. Even if the judge does not rule in
medical
marijuana
is not covered
medical
marijuana.
AsRule
law 600
enforcement,
courts,
and
causes
another
substantial
period by
of most
delay,insurance
file
separate
analysis
from
and
therefore
needs
to be
primarily
caused
by
the
courts.
your favor,
you bear
havethe
at least
preserved
the
issue
for 6 patients work to interpret the application and extent
27
carriers,
patients
burden
of
paying
high
out
a new Rule 600 motion based on this additional
raised separately).
Pa.R.Crim.P.
Rule 600(D)(1).
ofappeal.
pocket
costs for
their to
medicine.
of5 the
MedicalRule
Marijuana
protections,
criminal
Pa.R.Crim.P.
600(2)(a);Act's
see also
Commonwealth
time
and litigate
it prior
any trial to preserve an
defense
attorneys
will
be
on
the
front
line
of
this
v. Kearse,
890to
A.2d
388, 395
(Pa. Super.
Ct. 2005)
(no
Click
here
view
and/or
print
the
objection
to theto
additional
time period.
* After
All motions
dismiss
pursuant
to Rule
600 must be
payment,
the patient
will receive
their
developing
legal
landscape.
"prejudice" need be shown to obtain Rule 600 dismissal).
31
full
notes
section
for
this article.
File your
client'stampermotion after the
made marijuana
in writing.product
While
Rule 600
has a more
definitive
time period, the sole
in sealed,
Atmedical
the Rule
600 hearing, after
the defense
has
focus of Rule 600 is on the action of the Commonwealth.
365-day
period has
elapsed.
If the
trial judge
resistant
packaging,
which
cannot
be opened
in rules
NOTES:
made a prima facie
showing that the defendant
Thus, a constitutional argument should be forwarded
the
dispensary.
While
the U.S. Food
Drug
against
you 28
and
subsequently
theand
Commonwealth
has
not
been
brought
to trial
within 365
days,
when
a delay
prejudices a defendant and that delay was
1
Administration's
labeling
requirements
do
not
35
P.S. §§
10231.101-10231.2110
causes another substantial period of delay, file
primarily caused by the courts.
2
the
Commonwealth
the
burden of
proving
apply
to state-legal bears
medical
marijuana,
the
Act and
35
P.S.
§
10231.301.
6
a new Rule 600 motion based on this additional
Pa.R.Crim.P. Rule 600(D)(1).
that
they have
nonetheless
with diligence.
regulations
provide
similarlyacted
comprehensive
labeling
time
and
litigate
it
prior
to
any
trial
to
preserve
an
requirements.
Each product
will have
an adhesive
This
means that29 after
the defense
has made
such
Katherine
Ernst
is anthe
Click here to view
and/or
print
objection
toby
thethe
additional
time
period.
label
provided
dispensary
that
states
the
a prima facie showing, it is the Commonwealth
appellate
attorney
with the
full notes section for this article.
patient's name, the contents within the package, and
who
should
be required
to put
on the
its evidence
* At
the Rule
600 hearing,
after
defense has
Montgomery County Public
labeling by the grower confirming the amount of
and
the defense
should
only
argue
after
the
made
ainprima
facie showing
that
defendant
THC/CBD
the product,
in addition
tothe
DepartmentDefender's Office. She
Commonwealth
done30to
so.trial
Essentially,
a Rule
600
has notwarning
beenhas
brought
within 365
days,
required
labels.
handles appeals from all
hearing
should proceed bears
in form
almost
identically
the Commonwealth
the
burden
of proving
units,
juvenile
to homicide,
Melissa
Chapaska,
attorney at
toAfter
athat
suppression
hearing.
If the acted
judge with
asks diligence.
you
they
nonetheless
thehave
Dispensary
andCannabis
she also formulates
Law PA in Harrisburg,
to argue
prior to
theafter
Commonwealth's
evidence,
This means
that
the defense has
made such
Katherine
Ernst
is individuals
an
Pennsylvania,
assists
legal
strategy for
pre-trial
The
requires
patients
caregivers
to keep
make
it Act
clear
thatshowing,
you
coulditand
not
possibly
argue
a prima
facie
is the
Commonwealth
and
businesses
with with
navigating
attorney
the
and trial units. Katherineappellate
graduated
Magna
Cum
Department-issued
identification
cards
onthe
ontheir
behalf
of your
until
what
who
should
beclient
required
toyou
putknow
on its
evidence
state
and
federal
medical
Montgomery
County Public
them whenever they
have medical
marijuana
in their
Laude from Loyola Law School,
Newlaw.
Orleans
Commonwealth's
evidence
of
diligence
is. the
marijuana
She frequently
and the defense
should
only
argue
after
31
Defender's
Office.
She
possession. During a law enforcement encounter,
in
2007
and
was
on
law
review.
She
practiced
lectures
at
CLEs
and authors
Commonwealth
has
done
so.
Essentially,
a
Rule
600
of thisappears
provision
beyond
If the
the importance
Commonwealth
atextends
the Rule
600 mere
appeals
from
all
articles
examining
at Kaufman, Coren & Resshandles
in Philadelphia
outregulatory
hearing should
proceed
inthe
form
almost
identically
compliance
with
the
letter
of
law.
Unlike
other
hearing and does not present any evidence that
units,
juvenile
to the
homicide,
compliance
the
medical
of law school, and thereafter
did
workinin
to a Pennsylvania
suppression hearing.
If the judge
askscannot
you
law enforcement
officers
marijuana
industry.
Additionally,
it states,
acted with
diligence-for
instance, they
did not
and
sheand
also
formulates
access
the state's
of medical marijuana
intersection
of horseracing
law
§1983
for
a
to argue
prior database
to the Commonwealth's
evidence,
Melissa represents clients
in civil
litigation
and appeals
bring
in
the
officer
to
testify
to
the
attempts
made
legal
strategy
for
pre-trial
patients,
therefore
a
patient's
ability
to
produce
a
number
of
years
before
following
her
passion
make it clear that you could not possibly argue
before agencies and courts throughout Pennsylvania and
32
tovalid
findidentification
and apprehend
defendant-argue
that
cardthe
is essential
to the process.
andJersey.
trial criminal
units. Katherine
on behalf of your
client
until you
know what the
forNew
indigent
defense.graduated Magna Cum
they
not
theiraburden
because
the burden
Thehave
ability
to met
produce
valid medical
marijuana
card
Laude from Loyola Law School, New Orleans
Commonwealth's
evidence of diligence
is.
also
providethe
additional
to patients
ofmay
proof
includes
burdenprotections
of production
and
in 2007 and was on law review. She practiced
Share this article
arguments
ofenforcement
counsel areencounters.
not
evidence.
*during
If thelaw
Commonwealth
appears
at For
theexample,
Rule 600a
at Kaufman, Coren & Ress in Philadelphia out
Lehigh County judge recently ruled that state police
hearing and does not present any evidence that
of law school, and thereafter did work in the
it acted with diligence-for instance, they did not
Vol.Vol.
4,
4 l 1
For
The
Defense
intersection
ofIssue
horseracing
law
and
§19839 for39a
5,
Issue
l For
The
Defense
bring in the officer to testify to the attempts made
number of years before following her passion
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For the Defense - Vol. 5, Issue 1

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 1
