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12 mins ago Laws

5 Things to Keep in Mind When Embarking on a Career in Law

A career in law can be very rewarding and exciting. When you embark on a career in law, you will be working with a wide range of different clients to help them with their legal problems, from family disputes like child custody to defending those who have been accused of committing a crime, depending on the field of law that you choose to get into. If you have decided that a career in law is the right path for you, there are a few things to keep in mind to ensure that you get the best career prospects and stay at the top of your game.

Check out the list

Choosing a Law School

The law school that you attend can make all the difference when it comes to your future career in law. When choosing a law school, give yourself plenty of time to conduct research, find out about the different learning facilities available, what previous students have gone on to do with their careers, which law firms the school works with, whether there will be any internships or other work experience options available to you as a student, and how the school ranks, for example. Spend some time visiting open days, speaking to staff and students, and getting a feel for the school to determine if it’s somewhere you would like to attend.

Getting Work Experience

Getting work experience as early on as possible is often crucial to a successful career as a lawyer. Many high school students will get work experience in a law office before they attend college, and once you are studying for your law degree, it’s important to try and get as much relevant work experience as possible, whether it’s through student placements, internships or a part-time job for a law firm. The more work experience you have behind you when you graduate, the easier it will be for you to find a great career working for a good law firm.

Type of Law

Consider the type of law that you want to pursue your career and how you are going to get there. For example, you might want to specialize in criminal law, family law, property law, business law or elder law. Deciding on the field of law that you wish to work in should be something that you do as early as possible; ideally before or during college since this will give you the opportunity to determine which elective modules to take and where to focus your studies in order to improve your chance of your career going in the direction that you would like it to take.

Employment or Law Firm?

Deciding whether to pursue employment in a law firm or start your own firm is another key factor to keep in mind. Working for a law firm can be a very valuable source of experience when first starting out, but if making the decisions and working as a law partner as soon as possible are important to you, you might want to consider starting your own firm. However, this will be a lot more work as you will be required to find your own clients and compete against other law firms in your area.

Your Health and Wellbeing

Finally, looking after yourself is crucial when pursuing a career as a lawyer. You will struggle to do a good job for your clients if you are running on empty. Be sure to prioritize your health and importantly, make sure that you are getting enough sleep and resist the temptation to work late into the night. Mattresses are on sale during Labor Day, and this is a great time to buy a mattress that will ensure you get a great night’s sleep on a budget.

Embarking on a career in law can be a very rewarding experience. Keep these tips in mind and enjoy a fulfilling legal career.

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18 hours ago Laws

Avoiding the Legal Risks of Telemedicine

In today’s world, telemedicine has become a more realistic option for many who are seeking better access to medical care. It is a convenient way of getting a diagnosis, and it is much more affordable than other medical alternatives. However, there have been several issues when it comes to the legality of telemedicine because some states require doctors to see patients physically to be able to provide a prescription.

There are several ways to avoid legal risk in telemedicine that physicians should be aware of

Be Licensed in Multiple States

Telemedicine is basically seeing patients through a virtual platform. These patients can be from nearby or far away, even other states. For a variety of reasons, these patients may have decided telemedicine is a good alternative to going to a hospital or clinic. However, in the USA, some doctors may only be a licensed physician in their own state. If a doctor transfers from one state to another, they must comply with that state’s requirements which may involve additional certifications. If a doctor is treating patients in multiple states through telemedicine, it is best to have a license in multiple states.

Doing this allowed under the Interstate Medical Licensure Compact. It will enable qualified physicians to practice in different states. The goal of this is to increase access to quality doctors especially, around the rural areas. So far, 29 out of 50 states in the USA are part of this agreement.

Together with new techniques of telemedicine, this allows physicians to realize the goal of IMLC further and reach more people without any legal consequences. However, several doctors have noted that keeping up with the license requirements of multiple states can be challenging.

Be Aware of State Rules for Telemedicine

If you plan to practice telemedicine in a state that is not included in IMLC, this may involve several rigorous requirements for you to be able to practice legally. Each state has its own complex requirements. Getting a license in all the states can be a real challenge.

“Some states have restrictions on asynchronous visits. Find out if the state you want to practice in has any such restrictions. Telemedicine integration in some states is becoming more prevalent as they are starting to allow remote patient monitoring. In 2017, a total of 22 states, including Washington DC, recognized this. There are 29 US states which now allow asynchronous telemedicine services.”say Dr.Sebastian,co-founder of Doctorspring, a leading telemedicine platform.

Aside from that, patients will be happy to know that in 28 states, they can enjoy the same insurance coverage as in-person care, with Medicare covering telemedicine in more locations.

Adhere to HIPAA Requirements

HIPAA stands for the Health Insurance Portability and Accountability Act. In that Act, it requires strict data protection. One of the biggest fears with the use of telemedicine is the lack of privacy. Critics have noticed that it is an avenue where essential information about an individual’s condition might easily be leaked to the public.

This is why telemedicine practitioners need to ensure that they are in a location where outsiders cannot hear their conversation. They must also make sure that the technology they use protects data that they receive against threats such as hacking. As often as possible, the information must be encrypted.

However, current video sharing platforms such as Skype and Facetime are not equipped with that. That is why a lot of legislation is pushing for telecare to have a specific platform that is fully encrypted. This will help the physician adhere to HIPAA compliance and avoid information leakage.

Furthermore, the 3rd parties involved in telemedicine are required to observe HIPPA rules as well. Failure to do so could result in legal actions as this could be considered as a breach of data privacy laws.

Acquire Telemedicine Training

Technology has significantly changed the way people live today. This is why it is no surprise that it is slowly taking over the field of medicine. However, since telemedicine is very different from conventional practices, physicians must have adequate training specific to telemedicine.

Training should involve an introduction to the proper use and limitations of telemedicine. This will allow physicians to have a clearer idea of its workflow and capabilities. Physicians will also need to know consent forms are required. They will also learn important questions to ask, such as where  their patient is located so they can follow the necessary rules for that area.

The training is essential in protecting physicians against legal actions. Remember, ignorance of the law does not acquit anyone, so before engaging in telemedicine, gain the appropriate knowledge.

Additionally, telemedicine training includes seminars that explain the rules and regulations of professional medical conduct in the context of telehealth. This helps physicians determine if they need to acquire a license from other states or if they prefer only accepting telemedicine patients who are in the same state as they are. Doing this will also help more physicians to engage in telemedicine, making it more accessible to the public.

Final Thoughts

Telemedicine has a lot of benefits that underprivileged or distant communities can enjoy. It has been a viable answer to the gap between people and medical care. However, because it is new, the laws have not fully adjusted to it yet. As mentioned above, the effort of states to integrate and create policies governing it is evident. As time goes on, the legal guidelines for telemedicine will become more transparent and more accessible to a greater number of physicians.

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5 days ago Laws

What Are The Legalities Involved In Defending Your Home Or Business From Looters And Rioters?

The reason for this article is probably obvious. With the widespread riots spreading like a wildfire that threaten to consume all in its path, the decision between fight or flight becomes ever apparent. To some people, their home or their business is all they have, and thus they aren’t going to willingly abandon their property, even as the onslaught of riots eventually finds them.

But the trouble with fear is that it tends to cause people to react with extreme measures, especially when confronted by such lawlessness as displayed by looting and rioting. It’s easy to forget that even during chaos, the law ought to be followed. It may be tempting to use lethal force in order to deter rioters from breaking into your property, but there are certain legal boundaries that you need to follow if you intend to do so. Yes, you are definitely within your right to defend yourself and that which you own, but there are fine lines that you need to adhere to.

Let’s dive in

Legal Precautions

Nobody wants unwanted guests, and as such the law allows the use of measures that deter trespassers. Some of these measures that are allowable by law are:

  • Security cameras. – However, it’s also important to put a notice that your area is being monitored by a surveillance camera so no anti-voyeurism rights are violated.
  • Fences, shutters, gates, – as long as it is within reasonable means and it does not deprive others of passage to their own property.
  • Calling for police assistance. – while it may seem like an exercise in futility to call upon law enforcement to aid you during a riot, it’s important to report criminal activity so you’re able to pursue legal action later on.

Now, what happens if all these lawful, non-violent measures fail? Are property owners then allowed to use lethal force? – Yes. But, only when certain conditions are met.

Use Of Lethal Force

Even with “Stand Your Ground” laws in effect, the use of lethal force in an attempt to protect your property is not reason enough to justify shooting someone. The scope of these laws is only meant to provide protection to those who use force to defend themselves from bodily harm. This protection does not extend to their property. However, it is legal in Texas to use lethal force if the owner reasonably believes that the use of non-lethal force will endanger someone.

Warning Shots

Even warning shots have to be done within legal bounds. The warning shot must be done as a reasonable show of force to deter burglars. They must only be performed in the event of an imminent attack and only as a means of self-defense. A warning shot used to simply scare people gathering outside your property will be considered as a violent threat and will also mean that you may be subject to criminal charges.

If you find yourself the victim of an overzealous property owner, Philadelphia injury lawyers may be able to help you recover damages for your injury including wrongful death.

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2 weeks ago Laws

Sexual Assault: First Steps in the Criminal Process

According to various statistics, sexual assault is among the most under-reported crimes in the world. This fact brings the overall percentages down and makes most people think that instances of sexual assault are rare and unlikely to happen to them or to their families.

However, most of them don’t take into account everything implied by sexual assault, so to say. For example, church sexual abuse is in the same category and it’s just as under-reported.

Sexual assault and abuse usually remain not reported because the victims don’t know what to expect from the justice system or the criminal process. They even think that there may not be enough evidence to press charges.

Let’s take a short look at the first steps of the criminal process behind a sexual assault case

System Introduction

In a sexual assault case, the justice system is mainly focused on the accused – felon. Those that report the case and make a complaint, the victims, are usually left aside while the victim is being assessed.

Moreover, when trying to determine whether an individual is guilty in a case of sexual abuse, the court battle will be between a court counsel and a defense counsel, the latter being represented by the lawyer of the accused.

In short, given that sexual assault is a criminal offense, the police/state will press charges against the accused.

First Steps

The very first thing sexual assault victims have to do to start the criminal process is to lay charges against the abuser. This is initiated with a call to the police.

As mentioned, since the police press charges against the abuser, the victim is considered a witness to the case – a vital one, nonetheless.

Upon calling the police, the victim may be required to go to the police station and help them make a report that would be the base for the accusations. Based on the report and the investigations that they conduct, the police will decide whether to press further charges.

When and Who to Call?

Naturally, if you are in immediate danger, you should call 911 immediately and wait for the police to arrive.

On the other hand, there’s also no limit whatsoever when it comes to reporting sexual assault. Still, reporting one sooner increases the chances to convict a criminal, as evidence is easier to gather.

If you are not in danger and decide to report a sexual assault case, you can make the process easier by asking to talk with an officer or representative of the Sexual Assault Unit.

What to Expect?

When calling and visiting the police station, do not expect a hostile environment. Why?

Because the authorities can and will take all the measures that they can to make the victims feel comfortable. You can have a support person by your side throughout the process and you can even change a male officer in charge of you with a female one.

The officers inside a unit and the court of law know very well that sexual assault is a serious matter, especially to the victim. This is why they train officers on sexual violence and on how to speak with the victim, and so on.

The Bottom Line

Obviously, it is worth noting the status of the victim in the criminal process of a sexual assault – namely, the witness one. While some may not see the logic in this, keep in mind that a conviction is almost certain when you are the witness in a trial where you are not the accuser.

Since the police press charges, be sure that they’ll do everything in their power to help the victims! As such, no one should be afraid to talk to the authorities when it comes to such matters!

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2 weeks ago Laws

What Can Victims of Sexual Abuse Expect in Court?

First and foremost, it is worth mentioning that – in most cases – victims of sexual abuse don’t (have) press charges against the abuser/criminal. This means that the victim won’t have to bear the costs of a trial and so on.

Why? Because sexual abuse and assault is a criminal offense and the police/authorities will press charges against the abuser and, as they say, drag them in court for justice. Still, this doesn’t mean that victims don’t have a say in all this or don’t need to contact a sexual abuse attorney.

In sexual abuse cases and court trials, victims are considered as witnesses and also have the right to legal counseling.

Let’s see what else can the victims of sexual abuse expect in court and during the trial

The Victim’s Rights

Even if the victim is seen as a witness, they still have plenty of rights, compared to other types of cases/trials.

As such, the victim has the right to crime victim compensation, to attend the case proceedings, to request police protection throughout the trial, as well as the right to voice themselves and their opinions during the trial/proceedings.

Personal Support

As some of you may know, sexual abuse victims are also entitled to a support person that can assist them throughout the trial. This is because sexual abuse, first of all, is an overwhelming experience and can let someone scarred for life. Then, to put the same person through such a trial can be even harder for them, mentally.

Because of this, victims can request support from – friends or family, a trained advocate, or from a state crime victim compensation program. They will join you in the court of law and make sure that you are comfortable!

Victim Interactions

During the trial and in the court of law, the victim will interact mainly with the defense and prosecuting attorneys, as well as with the judge. Their role – as a victim and witness – will be to assist the two attorneys and answer their questions.

However, until they get into the courtroom, the victims may find refuge in a specially designed victim waiting are. Depending on the trial and its stage, the victim may not be asked into the courtroom until they are to be questioned or such.

Furthermore, before the trial, the victim may also be asked to clarify any and every concern that they have regarding the trial and the proceedings with their legal counselor.

In terms of overall interaction with any individual throughout the trial, the victim of sexual abuse has the right to require a police escort or even have a no-contact order instated for them.

The Bottom Line

Even though a mere witness, so to say, sexual abuse victims are the only persons that can have the abusers convicted. While the criminal proceedings and overall process may seem not enough at times, the authorities will always do their best to find the accused guilty!

Last but not least, it is essential that victims take advantage of the legal counsel they are provided with, as well as of the support person they choose. It’s in their and the state’s best interest to have the victim recover from their experience!

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Booby Traps And The Law: To What Extent Can You Defend Your Property?

You might have seen several videos online of people setting up glitter booby traps to scare away package thieves or of people who set up traps in their home to scare burglars away. While these booby traps depicted in the videos are harmless, the danger lies in the wrong impressions they give their viewers. Viewers may be wrongfully justified and emboldened to follow suit. All it really takes is for one person to take things to the extreme and someone could get hurt.

A Few Common Misconceptions

Many people might have the idea that when someone trespasses into their home, they gain the right to do anything to the intruder. While it’s true that a property owner has a right to protect himself and his property, it must be done with reasonable force. There is no need to endanger the life of another unnecessarily, even when it’s meant as a measure to protect property.

The distinction should be made that for deadly force to be necessary, there must be a real and imminent threat to one’s safety and property. This scenario cannot be applicable in a booby-trap related case because the property owner is not in any imminent danger during an attempted theft. Surely it’s unreasonable to main or kill someone for trying to steal your curved TV while you’re at work.

The Inherent Danger

According to Fort Wort Injury Attorneys, booby traps are illegal not just because of the danger they pose to would-be burglars and trespassers, but they are also a real danger to innocent people. It could harm a mailman who merely meant to deliver your mail, or a child who strayed onto your property, or even a lost person who simply tried to enter the wrong house. The danger that booby traps pose to the general public is simply too high, especially since it’s impossible for a booby trap to discriminate between persons that trigger it.

Legal Basis

In the real case of Katko v. Briney, 183 N.W.2d 657 (Iowa 1971), the defendant, the Brineys, set-up a shotgun booby trap in their unoccupied home in response to several thefts and burglaries in which their family heirlooms as well as several antiques were stolen. The claimant triggered the shot, which resulted in severe injuries to his leg. Katko was brought to the hospital by his accomplice and was arrested after his life-threatening injuries were treated.

The claimant served time, but the injuries he sustained remained long beyond this, which was the reason for suit. The court ruled that the use of deadly force against intruders in an unoccupied property was not reasonable or justified. While a landowner has rights to defend his property against intruders, he may not set traps against them as the law has always valued human safety above mere property rights.

Property Defense

The ruling would have been different had Briney been on the property at the time of the burglary because this would have placed his life in danger. And even when property owners are on their property, they may only use force when their life or that of others on their property is in danger. Some states, like Texas, justify the use of deadly force if the property owner reasonably believes that his life is in danger.

The use of booby traps are not justifiable for the reasons stated above. If you are harmed because of a booby trap, you might want to get in contact with lawyers to help you receive compensation for your injuries.

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3 weeks ago Laws

Debunking Myths About Mesothelioma Claims

Mesothelioma is a rare disease; the US sees only about 20,000 cases of the disease each year. There are many myths and misconceptions going around about it and the compensation claims associated with it.  Here, we will debunk some of those myths to help you and your loved ones develop a better understanding of this asbestos-induced cancer, know when to file a claim, and what to expect from the legal process.

Check out the myths

Myth #1: Asbestosis is the same as mesothelioma.

You can only develop mesothelioma if you are exposed to asbestos. However, not all cases of asbestos exposure result in mesothelioma. You can only file a mesothelioma claim if you have been diagnosed with mesothelioma, not because you were exposed to asbestos.

There are many other types of claims that may have aspects of asbestos exposure. However, personal mesothelioma injury or wrongful death claims have to be about the disease, not the cause.

Myth #2: Melanoma is the same as mesothelioma.

There are cases where people have mistaken melanoma for mesothelioma and gone on to file claims for the latter. Both of them are types of cancer, but the confusion usually arises from the similarity in their names.

Melanoma is a skin cancer that has absolutely nothing to do with asbestos exposure and mesothelioma.

Myth #3: The number of mesothelioma compensation claims is on the decline.

Since some applications of asbestos were banned in the mid-70s, you could be pardoned for thinking there are fewer cases of mesothelioma now than there were 50 years ago.

That’s far from the case. Mesothelioma has a long latency period. Some patients don’t develop symptoms until up to 70 years after exposure.

Additionally, many buildings were erected before the ban was put in place. And although workplace exposure has been reduced significantly over the years, spillage of the chemical from degrading structures is still happening. Anyone working in or around such buildings is at an increased risk of developing mesothelioma.

Myth #4: You can file for a mesothelioma compensation claim if you have any pleural disease.

Pleural mesothelioma is only one of the many diseases that affect the pleura. Mesothelioma is only caused by asbestos exposure, which is mostly what compensation claims focus on.

Conditions such as pleural plaques and pleural thickening may worsen your mesothelioma, but, alone, they do not qualify you for a mesothelioma compensation claim. So, ensure you understand the type of pleural disease you have before filing a claim or lawsuit.

Also, due to the complexity of the subject of mesothelioma, from a legal standpoint, at least, pay attention to experience and familiarity when looking for a mesothelioma lawyer.

Conclusion

Filing a compensation claim is no easy feat. You have to go through lots of paperwork and technical terms and, sometimes, intimidation from the at-fault party’s insurance company. For mesothelioma patients, the process is even more taxing.

If you or your loved one is seeking compensation for asbestos exposure, make sure to involve an attorney. Law firms such as Bergman Legal are dedicated to helping asbestos victims. Their attorneys are very familiar with the subject and in a better position to determine if you have a case and guide you throughout the process.

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3 weeks ago Laws

What Is Kratom?

Kratom is scientifically known as Mitragyna speciosa. It is a tree whose leaves contain a psychotropic effect. (alters brain functionality)it is mainly found in Indonesia, Malaysia, Papua new guinea and Thailand. In ancient days it was used as medicine but lately, it is used as a drug. Some of the names used to prefer kratom species include: Biak, keturn, Ithang, Thom and kakuam

Kratom can be used as a pill, capsule, or extract. Some users chew the leaves. It can be in powder form and used in tea. Sometimes the leaves are smoked or added in food when raw.It acts as a stimulant in low doses. In high doses, it acts as a seductive. Its usage leads to psychological addiction. It is similar to any other drug with an opioid effect. The addiction in turn leads to physical withdrawal symptoms.  This is when they fail to take the drug. Some of the withdrawal symptoms include: Insomnia, aggressiveness, Hostility, irritability, Muscle pains, jerky movements, running nose and aggression

There are two compounds found in the kratom leaves, mitragynine, and 7-α-hydroxy mitragynine. Lare consumption causes the brain receptors to produce pleasure, relief, and seduction, Mitraginine from the leaves interacts with brain receptors to produce stimulation effects. In small consumption, users generate energy, increased socialization, and alertness. However, it exposes users with great health effects. This includes sweating, constipation, loss of appetite, dry mouth, nausea, body itching, frequent urination, Seizures, and hallucinations.

Poison and control centers reported an increase in mortality rate over the last five years. This is because the substance is incorporated with other impurities that make it toxic. Kratom powder contains opioids like hydrocodone and tramadol. They add them to increase the potential of their products. They pose a great health risk when taken with other drugs. Although there is research that gives the guarantee.

, The following research done between 2010 and 2015 shows that: 42% of kratom users have risky symptoms that require immediate treatment. Besides, there were 15 reported deaths of Kratom users.

DR Robert Glatter of Lenox hospital New York praises FDA for their continuous pressure on manufacturers and distributors of this product. This is because they mislead the public without considering their hazardous effect on health. He insinuates that it leads to high blood pressure, destroying kidneys and liver, difficulty in breathing, brain swelling, and high chances of cardiac arrest. It is therefore important to adhere to the FDA safety measures.

In the United States. There is no regulation of kratom. therefore there are no bills of standards that guarantee pure quality. The product is readily available and can be ordered online. This has led to drug enforcement agency (DEA) considering kratom as a controlled substance

Kratom is in the top list of drugs and chemicals that has raised concern in DEA. The association observed a rise in usage of Kratom, despite the health hazards it poses. Research done in 2016, showed that Kratom poses a great health risk to the users. Food and Drugs Authority (FDA) posted a warning to the companies selling this product. They claimed the customers of the product generated some illness over time.

Kratom is legal on the federal level and illegal in some states and municipalities. In some states, there is an age restriction on the usage of Kratom.

Some of the states in the United States where Kratom is legal to include:

  • Alabama
  • Arkansas
  • Indiana
  • Rhode Island
  • Vermont
  • Wisconsin

In these states, kratom is legal to use and even possess. they include:

  • Alaska
  •  Arizona
  • California –
  • Colorado –
  • Delaware
  • Florida –
  • Georgia
  • Hawaii
  • Idaho
  • Illinois –permitted to those who are over 18 years
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi –Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire – permitted for those over the age of 18 years
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee – Kratom is legal for those over the age of 21
  • Texas
  • Utah
  • Virginia
  • Washington
  • West Virginia
  • Wyoming

It is difficult to ascertain the legality of Kratom globally due to different laws governing countries. Although it can be referred to as a global legal drug. Due to its negative side effects, it has led to prohibition in some countries.

In 2016, DEA listed kratom as one of the scheduled drugs. Other scheduled drugs include cannabis Sativa, heroin, and ecstasy. This was to ban it from consumption. It would, therefore, enhance restrictions to researchers who need to evaluate risks and benefits.

There was a public concern that was raised .this concern involves consumers and medical practitioners.They suggested that the drug should be regulated and intensive research should be conducted instead of banning.

Drug defenders insinuate that banning Kratom usage would lead to the use of opioids. This would affect consumers who use the product for pain relief and managing addictions. It would also limit scientist from doing further research on the product, The American association further advocated Kraton to be legalized for safety purposes. Its usage should be limited to the underage. Strict and precise labeling should be done but shouldn’t be criminalized.

The medical PR actioners have given alternatives that replace Kraton. This will greatly aid in the elimination of consumption of toxic substances. Therefore consumers should note that labeling does not guarantee product safety. However, consumers are advised to adhere to some safer options or visit a health worker for further assistance. It is a challenge to deal with addiction or mental disorder. Therefore consumers are advised to consult a physician or get the best treatment.

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3 weeks ago Laws

Industrial Hemp Legalized In The United States

The United States is the third-largest producer of Hemp in the world. Hemp is one of the varieties of cannabis Sativa. There is a great demand for hemp in the United States. This is because it is used in the textile industry, paper, and other composites. Their seeds can be used as food or crushed to produce oil. However, there is uncertainty in demand for the product. This is because there are a variety of substitutes for hemp.

Hawaii was the first town in the US to plant Hemp in December 1999. This project was funded by an oil company worth $200,000.Scientists approved its essentiality and later spread to other towns like Kansas, Maryland, Minnesota, Missouri, and Montana.

Industrial hemp can either be grown as a fiber or a seed crop. When grown for fiber, they are planted close to each other to maximize productivity. When grown for seed crops, they are planted further apart to allow the formation of branches.

In 1989 the European Union offered some regulation related to Hemp production. The Hemp farmers are expected to register their plantations. They are also to purchase the seeds which are certified. They are also supposed to invite an agricultural officer to test the THC content. They are required to state how they are to dispose of non-compliant plants. Finally, moderates to handle violations

The industrial Hemp does well in areas where corn produces high yields. It is grown on fertile loam soil incorporated with organic matter. It requires adequate moisture, especially during the first six weeks. For it to have high yields, plentiful nutrients are needed. Hemp diseases are not usually highly spread. They are usually controlled by rotation or seed treatment before planting.

USDA ensures the safety of import seeds from other countries like Canada. To ensure the authenticity of the seeds, a phytosanitary certificate from Canada national plant protection to show the plant origin and to verify the seeds are pest-free. Alternatively, A federal seed Analysis (SAC)certificate to show the seeds grown in Canada.

Under the agricultural act of 2014(farm bill), states agricultural sectors and institutions of higher learning were permitted to grow hemp for research purposes. The legalization of hemp production in the 2014 farm bill was extended by the 2018 farm bill. It was signed into law in December 2018.

The 2018 farm bill required USDA to formulate guidelines on the production of hemp in the USA.This

Regulation is to allow the monitorization of the Indian tribe that requires to have authority over Hemp production. Therefore they should register and submit their application to the secretary of the agricultural regulatory authority.

ECONOMICALIMPACTS OF LEGALIZATION OF INDUSTRIAL HEMP IN THE USA

Readily available substitutes of Hemp had diminished the production of Hemp in the U.S. Taking an example of Hemp fiber, it was used to make rope and clothing. It was replaced by Jute and Abaca

Which were cheaper and\ were imported from Asia. The products of these materials were light and portable. Besides they were durable since they were more resistant to saltwater compared to Hemp rope. Advancement in technology further led to the decline of hemp usage. An example of cotton harvesting. This was done using cotton gin which made it easy to harvest cotton. This made the textile industry to prefer cotton compared to Hemp.

Over the last five years, there has been a massive production of Hemp in the US. Between 2017 and 2018 Hemp production tripled. Acres of Hemp planted in 2018 were 8 times acres planted in 2016. Hemp plantation in 2019 is double 2018

Increase in demand for Hemp compared to other products. This has led to the planting of hemp to maximize supply. Prices of Hemp vary from the source of production. The price of hemp fiber ranges between $0.07 per pound to 0.67 per pound. Prices of Hemp seeds varies between $0.65 per pound to $1.70 per pound. Hemp flowers rich in cannabinoid cannabidol, their prices are between $3.50 per pound to $30.00 per pound. The massive production of Hemp has yielded high returns and maximization of sales volume. The number of licensed hemp farmers have doubled up to 3543 producers.

Hemp is one of the varieties of spices of cannabis Sativa. It is classified under the same class of Marijuana. The difference between Marijuana and hemp is their chemical content. Marijuana contains high chemical makeup of cannabinoid tetrahydrocannabinol (THC).On the other hand, Hemp contains 0.3% of THC.

The 2018 farm bill ordered the Food and Drugs Administration (FDA) to regulate Hemp under food, drugs, and cosmetic act. Under section 351 of public health service (PHS act), Products containing cannabis or cannabis-derived should be regulated by the same authorities of FDA.

The states where there is the production of Hemp are faced with the challenge of record-keeping and reporting. Besides, there is an increase in the burden by producers to supply the information to be reported by the states. Therefore the prices of the estimates are constant for both upper and lower limits. Also, the laboratory testing of THC content applies to all producers. Prices of testing stagnate for both upper and lower limits. In the sampling and testing act, it is assumed that existing producers are expected to dispose of non-compliant crops. The cost of disposal is estimated between $7.4 million in the upper limit to $960000 in the lower limit. Any change in the cost of disposal applies to all producers not only the new producers.

Industrial HempThe increase in Hemp demand is directly proportional to the increase in licensed hemp producers. The records in 2018 show a gradual increase in licensed hemp producers. Gross revenue represents consumer willingness to pay for the products and other benefits. Hemp provisions in the 2018 farm bill have led to the maximization of sales revenue.

The legalization of Hemp in the United States has led to great economic advantage. The USDA has enacted regulations to be adhered to by producers. Therefore there is close monitoring of production. Therefore consumers are protected in the industry. There is massive production hence maximization of sales revenue.

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4 weeks ago Laws

Marijuana Possession and Distribution: Legalities & Preventing Arrest

The legalization of marijuana for recreational and medicinal purposes is growing in a number of states. But despite that growing number, the possession, use, and distribution of the drug is still illegal in many states, making users of the drug vulnerable to arrest.

Law enforcement of several states take this law very seriously and if you are arrested for any charges related to the possession, use, or distribution of the drug, it can result in hefty fines, potential jail time, and a criminal record. If you’re going to have any type of involvement with the drug, it’s important to have a full and complete understanding of the legal implications that come with it.

The Federal Marijuana Laws and What It Means For You

Under federal law, the Controlled Substances Act, the use, possession, growing, and distribution of marijuana is illegal. However, in recent years, many states have passed laws legalizing the drug for medicinal and recreational purposes.

But it’s also important to know that if there is ever any conflict or disconnect between federal and state laws, given a particular legal situation, federal law will always prove superior.

That means that even if you live in a state where possessing, growing, using, and distributing marijuana is legal, you still have the potential to be prosecuted under federal law. And, if a law enforcement officer has reasonable suspicion that you’re involved in a crime, they can detain you as well.

With the federal law in place, it’s important that you understand your rights as it pertains to marijuana possession, use, and distribution of the drug. A criminal lawyer can help you understand your rights and represent you in the court of law should you face any type of criminal charges involving marijuana.

Even if you’re not facing any type of criminal charges involving marijuana, it’s important to understand your rights if you know you’re going to be involved with marijuana in any way.

What States Have Legalized Marijuana?

There are several states that have legalized marijuana but the legalization is broken down into two categories: Legalized for recreational and medicinal purposes and Legalized for medicinal purposes only.

States That Have Legalized Marijuana For Recreational and Medicinal Purposes

  • WA
  • OR
  • CA
  • NV
  • AK
  • CO
  •  IL
  • MI
  • VT
  • MA
  • ME

States That Have Legalized Marijuana For Medicinal Purposes Only (number has risen to 31)

  •   MT
  •  UT
  • AZ
  • NM
  • ND
  • MN
  • OK
  • MO
  • AR
  • LA
  • FL
  • OH
  • WV
  • PA
  • MD
  • NY
  • CT
  • NH

From the list of states where marijuana is legal only for medicinal purposes, there are lots of states fighting to get legalization for recreational use as well. New York is a state that’s on the rise for legalizing the drug for recreational purposes. According to The New York Times,  New York Gov. Andrew Cuomo states that marijuana will indeed be legalized in 2020.

Could New York marijuana legalization prove to be a step in the right direction towards racial disparities in marijuana arrests? Possibly; only time will tell. But a big part in how arrests are handled, whether you live in a state where marijuana is legal for both recreational and medicinal purposes or for medicinal purposes only, is by knowing how to prevent getting arrested.

How to Prevent Encounters With Law Enforcement

Marijuana Possession

The key to preventing encounters with law enforcement is to use common sense. Whether you live in a state where the possession, use, or distribution of marijuana is for medicinal purposes only or for medicinal and recreational purposes, use common sense in your consumption. Remember, you can be detained if a law enforcement officer has reasonable suspicion that you’re involved in a crime.

Maintain Good Relationships With Your Neighbors

A common mishap between marijuana users and law enforcement is neighbors. Neighbors may be unaware of your medicinal needs of the drug and may either confront you about it or report you to the police if they feel your use is violating their safety or becoming a nuisance to them.

Always be polite to your neighbors and respect their property. When people make complaints about noise nuisances, barking dogs, violence in the home, or any other disturbances, police are required to investigate these complaints by paying a visit to the source of the complaint. In responding to the complaints, you don’t want to give officers any reason to conduct a search of your home.

With that, you want to always be respectful of your neighbors in every way you can. They may not agree with your reasons for using the drug but they’re more likely to respect your right to possess the drug if your use doesn’t disrupt their daily life.

Be Discrete When Traveling

Most marijuana possession charges stem from standard traffic stops, so if you have to travel with marijuana, you first want to make sure there is nothing visibly wrong with your vehicle to cause a traffic stop.

For example, make sure your tags are current, no broken head or tail lights, and make sure that if you have tinted windows that your tint percentage doesn’t exceed your state’s law. Also, follow all rules of the road. No “California Rolls” when driving, no speeding or running red lights, or illegal U-turns, etc.

You also don’t want to drive under the influence of the drug, and if you have to drive with it, due to medical orders to be taken at certain times of the day, keep it concealed in the trunk of your car. Regardless of the type of legalization your state may have, you want to always abide by the law and never drive under the influence of alcohol or any type of drug, for your safety and the safety of others.

Utilize Marijuana Sensibly

Using marijuana sensibly is so important. When the drug is abused, it can lead to jail time loss of SSDI benefits, and steep financial penalties… it can even affect your livelihood and your future of finding places to live. Lots of employers and rental properties/apartment complexes conduct criminal background checks, and if they see that you have a possession charge on your record, they’re less likely to hire you or rent to you.

Using marijuana sensibly means distinguishing the amount of marijuana that’s right for you, following the doctor’s dosage orders, understanding the potential side effects, and keeping a copy of your doctor’s permission/ID card on you.

When you use the drug responsibly, whether recreationally or medically, you’re going to avoid potential run-ins with the law. But also remember that if anything does happen, you have the right to having a lawyer represent you in the court of law. Make it a point to know and understand your rights as a citizen, especially pertaining to the marijuana laws in your state.

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