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Tennessee Legislators Demand Return of Children to Parents After Cannabis Possession Arrest
Following a misdemeanor arrest for cannabis possession at a traffic stop, five children were taken into custody by the Department of Children’s Services in Tennessee in February, prompting support from the Tennessee Democratic Caucus.
On March 16, the Tennessee Democratic Caucus demanded that five children taken during a traffic stop by law enforcement be returned to their parents immediately.
On February 16, a traffic stop conducted by Tennessee Highway Patrol (THP) pulled over Deonte Williams, Bianca Clayborne, and their five children (a four-month-old infant, and kids ages two, three, five and seven), who were all traveling to a funeral. While the stop was originally due to the vehicle having a “dark tint and traveling in the left lane while not actively passing,” five grams of cannabis were found in Williams’s possession.
Williams was arrested, and Clayborne was cited but not arrested. She was told by THP that she could follow a patrol car back to the Coffee County Justice Center to bail Williams out. Six hours after the traffic stop occurred, Clayborne waited with her five children on a bench inside the criminal justice center, until her kids “were forcibly removed from her side while an officer restrained her from reaching for her crying baby,” she told Tennessee Lookout. During the time she was waiting, the Department of Children’s Service (DCS) obtained an emergency court order to take custody of the kids while she waited for Williams.
According to the DCS petition obtained by Tennessee Lookout, the DCS believed that the children were neglected, and that there was no “less drastic” alternative than taking the kids away.
“It’s just so shocking to the conscience that in 2023 this is happening,” said one of the couple’s attorneys, Jamaal Boykin. “I just have to believe if my clients looked different or had a different background, they would have just been given a citation and told you just keep this stuff away from the kids while you’re in this state and they’d be on their way.”
It’s been over a month since the incident, and the children still have not been returned to the family. Clayborne is currently breastfeeding her youngest child and has seen a drastic reduction in milk supply in the absence of her baby. She’s also suffered from lack of sleep and a panic attack.
The events of this incident have reached state legislators who are now also speaking up about the injustice.
Sen. London Lamar referred to the events as “ridiculous” and “overuse of power.” “DCS, Coffee County, y’all need to do the right thing before the situation gets worse, and we have a nation of people coming to the rescue of this Black family,” Lamar said. “Give them their children back. It’s borderline discrimination, because if this was any other family, as their attorney said, we don’t even think this would be the outcome.”
Sen. Raumesh Akbari also spoke out about keeping families together. “It is outrageous that the state forcefully separated Bianca Clayborne, a breastfeeding mother, and Deonte Williams from their kids and have allowed this to continue for nearly a month,” Akbari said. “The state exercised extreme and flawed judgment in taking their children and it seems they’ve doubled down on this poor decision. No family is perfect, but an imperfection, like a simple marijuana charge, is no excuse for tearing a family apart. The state is supposed to support reunification. If they don’t have a better reason, they must immediately return these five children to their parents.”
When Tennessee Lookout reached out to DCS for a statement, they did not respond for comment. Reaching out to the THP for a request of the traffic stop officers was denied because of an ongoing investigation.
An instant hair follicle test on both Williams and Clayborne was conducted at their first court appearance, which occurred one week after the children were taken by DCS. Tennessee Lookout spoke with an unnamed Coffee County administrator, who explained that in general, hair follicle tests are “inadmissible” in court because they can potentially result in false positives.
“This is even more reprehensible when the drug test used to justify keeping these children in foster care is known to be ‘inadmissible’ by the county’s own court administrator,” said the couple’s other attorney, Courtney Teasley.
Teasley shared on Twitter how concerned citizens can help. “We’ve received many requests of ppl wanting to help disrupt with their dollars. If you would like to support #DisruptManchester Here is the link to donate: http://Donorbox.org/disruptmanchestmanchester… Thank you all for helping disrupt a system of oppression!” Teasley wrote on Twitter on March 18.
On March 20, Teasley invited all concerned citizens who want to help bring attention to the issue to court watch the ongoing case, and attend a press conference in front of the courthouse in Manchester, Tennessee.
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.
The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).
Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.
Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.
That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.
Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.
Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.
A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.
Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/
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