The DEA has announced that they are considering reclassifying Marijuana from a Schedule 1 Drug to something less.  The implications could have enormous consequences which could drastically change the way we deal with marijuana in the criminal justice system.  Under current federal law, Marijuana is classified as a Schedule 1 Drug.  This is the highest classification for the ranking of drugs.  This classification includes Heroin and Cocaine.  The current classification of marijuana makes it illegal under federal law to prescribe marijuana for medical purposes since Class 1 drugs have no current accepted medical use.  24 states currently permit medical marijuana in violation of federal law.  If the federal government reclassified marijuana to something less than a Schedule 1 drug, this would allow researchers to work with the plant to explore possible medical uses.  Since Marijuana is classified a Schedule 1 drug, researches can only legally obtain the plant through a single federal g...

In April of this year, the United States Supreme Court handed down a decision in Rodriguez v. United States which places serious limitations on traffic stops conducted by the police. In Rodriguez the Supreme Court ruled that the police cannot extend the duration of a traffic stop, even for a “de-minimis” amount of time, without reasonable suspicion for reasons unrelated to vehicle and driver safety.  A police officer stopped Rodriguez for driving on the shoulder in Nebraska.  After the officer did everything related to the stop, including checking his license, insurance and issuing a warning, he asked Rodriguez if he would give him permission to walk his dog around his vehicle to check for the presence of drugs.  When Rodriguez refused, the officer told him to wait until a second squad car arrived with the dog.  After the second officer arrived, the officer walked the dog around Rodriguez’s vehicle and notified the officer that it had detected drugs.  The officer searched the vehicl...

Last week the United States Supreme Court rejected the appeal of a 76 year old Alabama man who had been sentenced to life in prison for possession of less than 3 pounds of marijuana that he had grown for personal use.  Lee Carroll Brooker had been convicted of possessing less than three pounds of marijuana that he had grown for personal use. Brooker is a disabled veteran who claimed that he had grown the marijuana to treat chronic pain.  Police discovered the marijuana when they visited a home he shared with his son while they were searching for stolen property.  The police discovered 37 marijuana plants growing in the back yard but had no evidence that he was selling marijuana.  But because of an Alabama statute which allows him to be charged with trafficking if the weight of the marijuana is more than 2.2 pounds, he was convicted of trafficking.  The statute also provides for a mandatory life sentence for anyone convicted of this crime who has a prior criminal record.  Brooker was...

The Illinois Supreme Court has ruled that the police can pull over a vehicle just for trying to avoid a police roadblock. Jacob Timmsen was driving down US Highway 31 when he saw bright orange warning signs that he was about to enter a police checkpoint. Timmsen activated his turn single and made a U-turn at a railroad crossing about 50 feet away from the roadblock. There was nothing improper about the maneuver. He properly used his turn signal and made an otherwise legal and proper driving maneuver. In spite of the fact that he was driving legally, a County Deputy working the police roadblock checkpoint pulled over Timmsen merely because he suspected that he was trying to avoid the police roadblock. After Timmsen was detained and interrogated by the deputy, it was determined that he was driving on a suspended license and placed under arrest. After he was arrested, the deputy searched Timmsen’s vehicle and found less than a gram of marijuana inside his vehicle. Timmsen was subsequen...

How Illinois Classifies Illegal Drugs In Illinois, it is against the law to possess any amount of cocaine.   Cocaine is a powerful stimulant that is derived from the South American coca plant.  Illinois classifies illegal drugs according to schedules.  The penalties for possession of drugs vary based on what schedule those drugs are in.  Here’s a breakdown of the drug schedules in Illinois: –Schedule I – This is for the common street drugs like cocaine, heroin, marijuana, crack.  These are drugs that have a high potential for abuse, no accepted medical use, or are unsafe for medical use even under medical supervision.–Schedule II – This is for drugs such as cocoa leaves and opium.  These are drugs that have a high potential for abuse, have an accepted medical use, and can result in severe physical and psychological dependence if abused.–Schedule III-This is for drugs such as steroids.  These are drugs that have a potential for abuse less ...

My client’s felony drug case was dismissed after a finding of no probable cause at the preliminary hearing at the Cook County Court Brach 50 (Grand & Central). My client is an armed security guard and a criminal conviction would have had serious consequences on his life, his FOID card and his Conceal and Carry License. He was pulled over for a traffic violation but was driving on a suspended driver’s license. He was arrested and the police found two zip lock baggies of marijuana and one pill of Ecstacy on him. The Cook County States Attorney dismissed the marijuana charges per the recent change in policy of not prosecuting  marijuana possession cases for under 30 grams in most cases. However, the police officer was present and the State proceeded to preliminary hearing on the Ecstasy pill (.03 grams). Wisely, the Judge did not see fit that the felony drug case proceed any further. In other words, the Cook County State”s Attorneys Office is continuing to prosecute low-level drug ...

On January 14, the United States Supreme Court will hear oral arguments on Mellouli v. Holder.  This case is significant because it will help clarify which criminal convictions could lead to deportation for lawful permanent residents. The past few years, the federal government has stepped up efforts to deport lawful permanent residents for criminal convictions and this case could help clarify which crimes could lead to deportation from the United States.  The Supreme Court’s decision could have serious implications for people who are, or who have faced criminal prosecution.  So let’s look at the facts of the case and the legal arguments. FACTS Moones Mellouli came to the United States in 2004 on a student visa from Tunisia.  He later became a lawful permanent resident.  He ended up pleading guilty to a misdemeanor in Kansas for possessing drug paraphernalia.  In particular he possessed a sock which he was using to store drugs that he would eventually use. So the parap...

I want to bring your attention to one of the most troubling 4th Amendment decisions that I have ever run into.  Keep in mind that I have been practicing law for over 20 years so I have seen it all.  But this case might be the most outrageous violation of the 4th Amendment’s protection from unreasonable searches and seizures.  The case is United States of America v. Cindy Lee Westhoven, No. 13-2065.  The case is out of the 10th Circuit.  On April 18, 2012, a Border Patrol Agent was patrolling Highway 80 in New Mexico, which is about 45 miles from the Mexico border.  He observed Westhoven drive her Ford F-150 in the opposite direction of the highway he was travelling on.  The agent testified that this highway is frequently used to transport illegal aliens.  As Westhoven drove past him, the agent testified that Westhoven had a “stiff posture” and her arms were “straight and locked out” at a “ten-and-two position on the steering wheel.”  The truck had tinted windows and an Arizona licen...

In an 8 to 1 ruling, the United States Supreme Court ruled that police should try to obtain a warrant from a Judge before forcing a citizen to submit to a blood test when it comes to a DUI.  This is a case that could have national implications that go beyond just DUI cases.  The case involved Tyler McNeeley, who was pulled over by a Missouri police officer who suspected that he had been operating his vehicle while under the influence of alcohol.  McNeeley, who had two previous DUI cases, refused to submit to a breath test when the request was made by the arresting police officer.  The Missouri officer, who was a Missouri State Trooper, took McNeeley to a local hospital, instead of first obtaining a warrant from a judge, and had McNeeley’s blood drawn.  The blood draw indicated that McNeeley blood alcohol level was nearly twice the legal limit.  The Missouri Supreme Court had previously ruled that the blood draw violated the Missouri State Constitution.  On Wednesday, 8 Justices on t...

An Aurora man entering the Kane County Courthouse in St. Charles set off the metal detector. Deputies asked him to empty his pockets and when he did so he placed a small plastic bag or what appeared to be cocaine in the tray. He was arrested by Kane County Deputies and charged with Possession of a Controlled Substance. The incident happened last week at around 8:30 a.m. This is a busy time at the courthouse when several hundred people are lining up to enter the courthouse. The screening is similar to the type of screening you would expect at an airport. You must pass through a metal detector and are required to empty your pockets before going through security. This individual, who will remain unnamed in this article, will receive the Moron of the Week Award. James Dimeas is an award winning criminal defense attorney and author with more than 24 years of experience aggressively representing his clients in criminal cases.  If you have a criminal case in Illinois, contact me in Ch...