A historic cannabis shift is one of the latest election year moves

A historic cannabis shift is one of the latest election year moves

AP Story

President Joe Biden may potentially ban TikTok, but he aims to offer young individuals, who largely influence this widely-used social media platform, a more lenient government regulation regarding marijuana.

Facing a decline in support from an important left-leaning voting group, Biden has implemented various strategies aimed at garnering appeal among younger voters, a crucial demographic for his upcoming re-election in November.

His recent decision to reclassify marijuana as a less harmful substance aligns with his ongoing efforts to bring about positive change. This move follows his commendable act of canceling student loans for an additional 206,000 borrowers, demonstrating his commitment to addressing pressing issues. Furthermore, his unwavering support for abortion rights remains a cornerstone of his re-election campaign.

Read more here at the AP News: Biden’s historic marijuana shift is his latest election year move for young voters

SCOTUS Opinion, SHEETZ v. COUNTY OF EL DORADO, CALIFORNIA

SCOTUS Opinion, SHEETZ v. COUNTY OF EL DORADO, CALIFORNIA

The Constitution provides “no textual justification for saying that the existence or the scope of a State’s power to expropriate private property without just compensation varies according to the branch of government effecting the expropriation.”

The case in question is Sheetz v. County of El Dorado, California.

Background:

Background of the Case: George Sheetz, the petitioner, was required by the County of El Dorado to pay a $23,420 traffic impact fee as a condition of receiving a residential building permit. The fee was part of a “General Plan” enacted by the County’s Board of Supervisors to address increasing demand for public services spurred by new development.

Reason for the Case:

Sheetz claimed that conditioning the building permit on the payment of a traffic impact fee constituted an unlawful “exaction” of money in violation of the Takings Clause. He argued that the Court’s decisions in Nollan v. California Coastal Comm’n, and Dolan v. City of Tigard, required the County to make an individualized determination that the fee imposed on him was necessary to offset traffic congestion attributable to his project.

Content of the Case:

The courts below ruled against Sheetz based on their view that Nollan and Dolan apply only to permit conditions imposed on an ad hoc basis by administrators, not to a fee like this one imposed on a class of property owners by Board-enacted legislation.

Final Opinion of the Case:

The Supreme Court held that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions. Therefore, the ruling was in favor of Sheetz, overturning the decision of the lower courts.

Read the full SCOTUS Opinion here

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New rule mandates time and a half pay for lower paid employees

New rule mandates time and a half pay for lower paid employees

Qualified lower-paid workers who earn a salary but work more than 40 hours in a week will soon be entitled to guaranteed time-and-a-half pay, thanks to a new labor rule announced by the Biden-Harris administration.

This rule will raise the salary thresholds necessary to exempt a “salaried bona fide executive, administrative, or professional employee from federal overtime pay requirements.”

The salary threshold will increase in two stages. The first increase will take place on July 1, bringing the annual salary equivalent to $43,888. This is a significant jump from the current threshold of $35,568. Following this, on January 1, 2025, the threshold will rise again, reaching $58,656.

The Department of Labor has released this information in a blog with stock photos providing clarity on the matter.

Whitmer Signs Bills for Health Services and Criminal Justice

Whitmer Signs Bills for Health Services and Criminal Justice

LANSING, Mich. – Today, Governor Gretchen Whitmer signed legislation that aims to establish a licensure framework for dietitian nutritionists. The governor also signed legislation that delivers ongoing funding for trial courts across the state, reducing costs for local municipalities.

 

“Today’s commonsense, bipartisan bills will improve health care licensing for dietitian nutritionists and protect critical funding for trial courts,” said Governor Whitmer. “Together, we will continue delivering on the issues that make a real difference in people’s lives, from health care to public safety. Let’s keep working together to build a brighter, safer future for Michigan.”

 

House Bill 4608, sponsored by state Representative Laurie Pohutsky, establishes licensing requirements and standards for dietitians and nutritionists. By doing so, the bill seeks to ensure that individuals who provide dietary advice and guidance meet certain qualifications and adhere to professional standards.

 

“I sponsored House Bill 4608 to protect Michiganders and help make sure crucial healthcare is accessible and affordable,” said Speaker Pro Tem Laurie Pohutsky (D-Livonia). “Now, when individuals are looking to receive a dietician’s opinion, individuals can easily identify qualified and trustworthy providers — that is very important when it comes to health and wellness. Licensure will also help ensure medical nutrition therapy is covered by insurance, making it much more accessible for countless Michiganders. It is a win to have the governor sign this into law today.”

Justice for All…

House Bill 5392, sponsored by state Representative Sarah Lightner, provides essential funding to ensure trial courts have the necessary resources to operate effectively. By supporting our courts, Michigan becomes a safer place for all its residents.

 

“This bill is a step forward toward our shared goal of courts that are funded fairly all across Michigan while maintaining the independence of the judicial branch,” said State Court Administrator Tom Boyd. “We look forward to providing the Governor and Legislature with the data, information, and recommendations they need to take the next steps in this process as we work together to develop and implement a long-term funding plan that delivers justice for all.”

 

“We appreciate the legislature acting in a bipartisan fashion to extend the expiring sunset,” said Dan Gilmartin, Executive Director and CEO of the Michigan Municipal League. “With Governor Whitmer taking swift action to sign this legislation, we ensure the seamless functioning of the district and municipal courts supported by cities across the state.”

People v Williams Michigan COA – Police CPL Check

People v Williams Michigan COA – Police CPL Check

People v Williams
Michigan Court of Appeals
No 365299 (04/18/24)

MCL 28.425f permits a police officer to ask a person observed to be carrying a concealed weapon to produce their concealed pistol license (CPL) at any time and for any reason.

Makes possession of a concealed weapon a presumptive crime

Further, MCL 750.227 makes possession of a concealed weapon a presumptive crime, which can be rebutted by the suspect producing their CPL. Thus, a police officer has reasonable suspicion to  approach a person and ask for proof of a CPL after observing a bulge in the person’s clothing indicative of a hidden firearm.

The trial court’s order granting defendant’s motion to suppress is reversed.

About it

Michigan Court of Appeals Case No. 365299, People v Williams, centers on a warrantless search and subsequent arrest. The details of the case are not explicitly mentioned in the available information, but the legal reasoning behind the decision is referenced.

The case cites MCL 750.227, which prohibits carrying a concealed pistol without a license. It also references previous cases (Henderson and Williams) that established the legality of a warrantless search under the “automobile exception” when there’s reasonable suspicion of a crime.

The relevant part of People v Williams seems to focus on justifying a traffic stop. The court apparently determined that an informant’s tip about a driver possessing a handgun amounted to reasonable suspicion, warranting the stop. This aligns with the established principle that police can conduct stops based on reasonable suspicion, even if it’s a lesser standard compared to the probable cause needed for arrests or searches.

While the case itself isn’t elaborated on, it highlights the legal basis for traffic stops based on reasonable suspicion, particularly when the suspicion involves potential gun possession.

Better have a real good attorney

Underage Workers in Factories Spark Fines, Investigations, and Legislation

Underage Workers in Factories Spark Fines, Investigations, and Legislation

A New York Times report exposed widespread child labor in a Michigan factory, prompting state and federal authorities to take action. The report focused on a Hearthside Food Solutions plant in Kentwood, alleging the presence of numerous underage workers.

Michigan’s Department of Labor and Economic Opportunity (LEO) and the U.S. Department of Labor launched investigations into the facility.

Additionally, Michigan’s Occupational Safety and Health Administration (MIOSHA) levied over $50,000 in fines against the plant for inadequate safety training and dangerous machinery.

Hearthside initially denied the allegations but has since paid some fines and is appealing others.

Federal and State Collaboration

The U.S. Department of Labor has increased oversight through an interagency task force focused on combating child labor. This initiative allows collaboration with other federal agencies, like the Department of Education, which offers training on child labor identification to school staff.

Strengthening Enforcement

State legislators are proposing bills to improve child labor enforcement and worker protection. One bill increases fines for violating child labor laws, aligning them with federal penalties. It also allows child workers to sue for damages and protects whistleblowers from retaliation.

Another bill proposes a complete overhaul of the work permit system in Michigan. Currently, teens obtain permits through schools. This bill would shift the responsibility to the LEO, creating a centralized database of legal teen workers and their employers. This system would enhance the LEO’s ability to identify potential child labor violations.

Immigrant Advocacy and Underlying Issues

Many underage workers in the exposed case were immigrants. Immigrant advocacy groups support the proposed bills, emphasizing provisions for compensating victims and protecting whistleblowers.

These measures could alleviate stress on immigrant families forced into child labor due to economic hardship.

However, these groups express concern that solely focusing on enforcement might drive children into even more dangerous and unregulated working environments.

As always addressing the (root causes) of child labor, such as poverty and lack of opportunity, is crucial for lasting solutions.

Better have a real good attorney