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Drug Law News

Drug Courts a Win-Win in Many States

Posted on August 8, 2011 in Drug Law News

Plagued by denial, drug addicts are infamous for refusing to get help. But when faced with the threat of jail time, many addicts will agree to the treatment in lieu of incarceration offered by some drug courts. While some will return to drugs or alcohol, studies show that drug court programs by and large have been a win-win for all involved.

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More Bans on Spice Drug

More Bans on Spice Drug

Posted on October 8, 2010 in Drug Law News

Legislators in Baltimore County, Maryland recently banned a synthetic form of marijuana called “Spice” or “K2”. Those who are found to have sold, possessed or distributed the drug could face up to 60 days in jail, a $500 fine and will be guilty of a misdemeanor. Various cities and states across the US have already banned the substance.

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Patent Medicines with Addictive Substances Necessitated Food and Drug Act

Patent Medicines with Addictive Substances Necessitated Food and Drug Act

Posted on October 3, 2010 in Drug Law News

When many people think of patent medicines, they conjure up images of wagons going town to town with sales agents promoting “cure alls,” or of the days of the old west when these drugs gained large-scale popularity. Many people may not realize, however, that patent medicines of the late 1800s and early 1900s contained dangerous drugs like heroin and opium, often without knowledge to the user. The drugs were heavily advertised, and their abuse helped contribute to the establishment of today’s drug regulations that help safeguard millions of prescriptions and over-the-counter medications.

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Drug Addiction and Good Moral Character Measures in Immigration Law

Posted on February 15, 2010 in Drug Law News

During my third year in law school, I had to begin the process of applying to the California Bar. Whether or not I would eventually be licensed to practice law in the state depended largely on my ability to pass the dreaded California Bar Exam, where average pass rates hover between fifty and sixty percent.

However, even if I were to successfully pass the Bar Exam, I still had to convince the powers that be that I was a person of good moral character. California Bar applicants who cannot prove that they are of good moral character will not be allowed to practice law here.

So, what characteristics epitomize good moral character for California lawyers? Unfortunately, there is no set standard and each applicant is evaluated on a case-by-case basis. Further, despite the name, the burden of proof is not to show good moral character but rather that you do not have bad moral character. Some issues, such as criminal history, poor financial management, and mental health issues (including alcoholism or drug addiction) may cause an in-depth study into one’s moral fiber. Thus, there are likely a number of lawyers who have neither good moral character nor bad moral character but, because proving good moral character to any degree of certainty is impossible, were given a bar card anyway.

I believe a moral character determination prior to giving an individual a license to practice law is extremely important, especially since it is almost impossible to fully regulate the character of California’s almost quarter-million attorneys after they become licensed. I wish more state bar regulators realized the value of preventing harm from happening, rather than simply reacting to unethical lawyers only after a client has been harmed.

The United States government also worries about moral character, but not with regard to US lawyers. United States immigration laws have been drafted with an eye toward ensuring that the less savory of the planet’s occupants never set foot on US soil or, if they are already here, get ejected as quickly as possible.

If you are already a United States citizen, do not fret. Your nationality cannot be stripped simply because you do not possess good moral character (unless, of course, you are a naturalized citizen and lied during the immigration process). Although we may sometimes wish to load all of the dangerous criminal US citizens on a deportation flight bound for Antartica, the Fourteenth Amendment currently does not provide for that. Instead, the United States focuses on the moral character of those who are not yet US citizens.

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