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When searching for a medical marijuana criminal defense lawyer in Denver, Colorado, you should be very selective. Having the right attorneys, with the right set ofcriminal defense, trial, and constitutional skills can mean the world. The consequences are serious. The law in this area is complex and difficult to navigate on your own. Our law firm has a team of lawyers, some with more than 30+ years of experience, who are experienced not just in medical marijuana, but in criminal defense and trial law. We work as a team to acheive your goals. Our law firm stands out because it can provide you with all the services you need to protect your rights. These are the types of criminal cases our law firm can defend for you:
- State Law
- Federal Law
- Trials
- Appeals
- Probation Revocations
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About Medical Marijuana (Cannibus): Medical marijuana (also referred to as medical marijuana) refers to the use of Cannabis (marijuana), including constituents of marijuana, THC and other cannabinoids, as a physician-recommended form of medicine or herbal therapy. Cannabis has a long history of medicinal use, with evidence dating back to 2,000 B.C.E. Although the extent of the medicinal value of marijuana has been debated, it does have several well-documented beneficial effects. Among these are: the amelioration of nausea and vomiting, stimulation of hunger in chemotherapy and AIDS patients, lowered intraocular eye pressure (shown to be effective for treating glaucoma), as well as general analgesic effects (pain reliever). Less confirmed individual studies also have been conducted indicating marijuana is beneficial in a variety of conditions including Multiple sclerosis and depression. Synthetic cannabinoids are also available as prescription drugs in many countries. Examples include Marinol, available in Germany and the United States, and Cesamet, available in Canada, Mexico, the United Kingdom, and also in the United States. There are several methods for administration of dosage, including vaporizing or smoking dried buds, drinking or eating extracts, and taking capsules.[6][7] The comparable efficacy of these methods was the subject of an investigative study [5] conducted by the National Institutes of Health. While marijuana for recreational use is illegal in most parts of the world, its use as a medicine is legal in a number of territories worldwide, including Canada, Austria, Germany, the Netherlands, Spain, Israel, Italy, Finland, and Portugal. In the United States, federal law outlaws all marijuana use, while permission for medical marijuana varies among states. Distribution is usually done within a framework defined by local laws. Medical marijuana remains a controversial issue worldwide.
In a 2002 review of medical literature, medical marijuana was shown to have established effects in the treatment of nausea, vomiting, premenstrual syndrome, unintentional weight loss, and lack of appetite. Other "relatively well-confirmed" effects were in the treatment of "spasticity, painful conditions, especially neurogenic pain, movement disorders, asthma, and glaucoma". Preliminary findings indicate that marijuana-based drugs could prove useful in treating inflammatory bowel disease (consisting of Crohn's disease and ulcerative colitis), migraines, fibromyalgia, and related conditions. Medical marijuana has also been found to relieve certain symptoms of multiple sclerosis and spinal cord injuries by exhibiting antispasmodic and muscle-relaxant properties as well as stimulating appetite. Clinical trials provide evidence that THC reduces motor and vocal tics of Tourette syndrome and related behavioral problems such as obsessive–compulsive disorders. Other studies have shown marijuana or cannabinoids may be useful in treating alcohol abuse, attention-deficit hyperactivity disorder (ADHD or AD/HD) amyotrophic lateral sclerosis, collagen-induced arthritis, rheumatoid arthritis, asthma, atherosclerosis, autism, bipolar disorder, childhood mental disorders, colorectal cancer,] depression, diabetic retinopathy, dystonia, epilepsy, digestive diseases, gliomas, hepatitis C, Huntington's disease,] hypertension, urinary incontinence, leukemia, skin tumors, morning sickness, methicillin-resistant Staphylococcus aureus (MRSA), Parkinson's disease, pruritus, posttraumatic stress disorder (PTSD), sickle-cell disease, sleep apnea, tourette syndrome, and anorexia nervosa.
In the United States, it is important to differentiate between medical marijuana at the federal and at the state level. At the federal level, marijuana per se has been made criminal by implementation of the Controlled Substances Act which classifies marijuana as a Schedule I drug, the strictest classification on par with heroin, LSD and Ecstasy, and the Supreme Court ruled in 2005 that the Commerce Clause of the U.S. Constitution allowed the government to ban the use of marijuana, including medical use. The United States Food and Drug Administration states "marijuana has a high potential for abuse, has no currently accepted medical use in treatment in the United States, and has a lack of accepted safety for use under medical supervision". On the state level, 14 states have legalized medical marijuana: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington Maryland allows for reduced penalties if marijuana use has a medical basis.] California, Colorado, New Mexico, Maine, Rhode Island, and Montana are currently the only states to utilize dispensaries to sell medical marijuana. California's medical marijuana industry took in about $2 billion a year and generated $100 million in state sales taxes during 2008 with an estimated 2,100 dispensaries, co-operatives, wellness clinics and taxi delivery services in the sector colloquially known as “cannabusiness”. New Jersey has recently passed a bill legalizing marijuana for medicinal purposes. On 19 October 2009 the US Deputy Attorney General issued a US Department of Justice memorandum to "All United States Attorneys" providing clear clarification and guidance to federal prosecutors in US States that have enacted laws authorizing the medical use of marijuana. The document is intended solely as "a guide to the exercise of investigative and prosecutorial discretion and as guidance on resource allocation and federal priorities." The US Deputy Attorney General David W. Ogden provided seven criteria, the application of which acts as a guideline to prosecutors and federal agents to ascertain whether a patients use, or their caregivers provision, of medical marijuana "represents part of a recommended treatment regiment consistent with applicable state law", and recommends against prosecuting patients using medical marijuana products according to state laws. Not applying those criteria, the Dep. Attorney General Ogden concludes, would likely be "an inefficient use of limited federal resources". The memorandum does not change any laws. Sale of marijuana remains illegal under federal law unless there is a very rare permission. The U.S. Food and Drug Administration's position, that marijuana has no accepted value in the treatment of any disease in the United States, has also remained the same. Nevertheless, the memorandum is seen by some United States commentators to be the first step in which President Obama's Administration may come good on its pre-election promise to address the issue of medical marijuana in federal policymaking. The Health and Human Services Division of the federal government holds a patent for medical marijuana. The patent, "Cannabinoids as antioxidants and neuroprotectants", issued October 2003[140] reads: "Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia…"
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A criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal conduct. [edit] United States In the United States, criminal defense lawyers deal with the issues surrounding the apprehension, searches of client or property, and arrest of his or her client (Fourth Amendment), as well as any statements the client may have made. (Fifth Amendment). Criminal defense lawyers also deal with the substantive issues of the crimes with which his or her clients are charged. In the United States criminal defendants are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes (e.g. felonies) in the United States are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Criminal defense lawyers actively pursue their client's cause through all stages of a criminal prosecution. Criminal defense lawyers in the United States who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis.
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The role and responsibility of a criminal defense lawyer From Criminal Defense Wikipedia Jump to: navigation, search Importance of A Defense Lawyer In The Criminal Justice System The criminal justice system is viewed as a three part system consisting of the judge and jury, the prosecutor, and the defense lawyer. Each part of this system has a specific role. The role of the judge and jury is to render an impartial decision based solely on the facts presented and the laws applicable to the charged offense. In order to decide impartially, the judge and jury must be able to hear arguments from both sides. The prosecutor’s role is to argue the side of the state that seeks to prove the defendant's guilt. The defense lawyer’s role is to argue on behalf of the defendant. The defendant has no burden of proof. That is, the defendant need not prove his innocence. It is enough simply to point out ways in which the state has not established guilt (e.g., an eyewitness has poor eyesight or an accuser has a motive to lie). The criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian; the defense carefully observes the use of this authority. Furthermore, different safeguards are in place to prevent abuse of the state’s power. * The state bears the highest burden of proof, and must show that a defendant is guilty beyond a reasonable doubt of the crimes he is charged with. * No burden is placed on the defendant. That is, he need not present any evidence and he need not testify or give his own version of events. The state may not comment on the defendant’s decision not to testify and the jury may not consider it in evaluating the case. * Many procedures are in place related to the investigation and the arrest of the defendant to ensure all evidence is accurate and that the correct person is charged with a crime. * Defendants possess civil rights to ensure they are treated fairly and given an opportunity to argue their case. Safeguards, however, are useless without someone to police them. This is the job of the defense lawyer. * The defense lawyer presents all evidence to rebut the prosecutor’s arguments and challenges all questionable assertions of facts by the prosecutor to ensure that the high burden of proof is met. * The defense lawyer challenges procedural errors and may have charges dismissed because of unreliable evidence or testimony. * The defense lawyer informs the defendant of his rights and defends those rights if they have been violated. The Defense Lawyer as the First Line of Defense for Defendant When Facing the State It is important for a defendant to obtain the help of a defense lawyer as early as possible. There are many actions a defense lawyer can take to protect and aid a defendant in the early stages that may not be possible as the case progresses. * The defense lawyer can inform the defendant of his rights at the outset (such as the right to remain silent) so that the defendant is aware of them and can benefit from them. * The defense lawyer can seek the temporary release of the defendant through bail, allowing the defendant to better assist in the preparation of a defense. * The defense lawyer can negotiate with the prosecutor to have charges reduced or even dropped. In addition, the defense lawyer is able to counsel the defendant on different strategies and arguments that can be used in the case as well as the benefits and drawbacks for each one. * The defense lawyer works with the defendant and other witnesses to understand the defendant’s version of events and to determine an appropriate defense (e.g., alibi, self-defense, misidentification). * The defense lawyer can provide advice on what plea to enter, whether to accept a plea agreement, whether to waive a jury trial, and whether the defendant should testify on his own behalf. * The defense lawyer can determine which witnesses to call and how they should be examined. * The defense lawyer can determine which potential jurors might be biased against the defendant and seek to remove them from the jury panel.
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