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Home 🌿 Marijuana Politics 🌿 How does the death of Justice Scalia affect pending marijuana cases? 🌿How does the death of Justice Scalia affect pending marijuana cases?
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The subscription service is currently unavailable. Please try again later.The death of Justice Antonin Scalia has sparked a new political controversy in an already super-charged election year, regarding who will fill his place on the U.S. Supreme Court and in what timeframe. Scalia’s death has also raises new questions about the federal government and its current prohibitions on marijuana.
Scalia is remembered as one of the more conservative justices in the Supreme Court’s modern history; but on occasion he was a supporter of a criminal defendant’s rights. That support includes at least one marijuana-related ruling before the high court: the 2001 case of Kyllo v. United States, where federal agents used thermal-imaging equipment to scan an Oregon residence for excessive heat from suspected indoor cannabis grows.
The 5-4 opinion in favor of Kyllo, the plaintiff, was delivered by Scalia; who called such government surveillance a “search” and “presumptively unreasonable without a warrant.”
Justice Scalia’s death has left...
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