Fall 2022 Cannabis Update

It has not been long since my last cannabis update, but there are some interesting new developments to report, most notably on drug identification and marijuana. Read on for the details.

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Warrantless Blood Draws and the Fourth Amendment (Again)

A recent en banc decision from the Supreme Court of Missouri adds to the growing divide among state appellate courts regarding whether the exigency created by the dissipation of blood-alcohol levels is sufficient, by itself, to render a nonconsensual, warrantless blood draw from a person arrested for impaired driving a reasonable search and seizure under … Read more

State v. Fletcher and Warrantless Blood Draws

I’ve blogged before about G.S. 20-139.1(d1). When a DWI arrestee refuses to submit to a test for alcohol, that section allows “any law enforcement officer with probable cause” to “compel the [arrestee, without a search warrant] to provide blood or urine samples for analysis if the officer reasonably believes that the delay necessary to obtain … Read more