News Roundup

The first week of the new year has been unusually cold and a mid-week winter storm created dangerous travel conditions across much of North Carolina.  The Highway Patrol already had responded to hundreds of weather-related collisions at the time of writing, and frigid conditions are expected to cause hazardous conditions into the weekend.  Thanks to law enforcement, emergency response, and other government agencies for their efforts during and after the storm.  Stay safe and keep reading for more news. DOJ Guidance.  On Monday, California became the eighth state to legalize recreational marijuana sales, putting it on the precipice of practical state-level criminal law issues such as enforcing prohibitions on public consumption and driving under the influence.  Shea recently discussed drug-impaired driving here and here. On Thursday, the Associated Press reported that Attorney General Jeff Sessions rescinded Obama-era Department of Justice guidance that provided some assurance to states with legalized marijuana that federal prosecutors would not prioritize enforcing criminal laws implicated by the marijuana industry.  In his memo rescinding the prior guidance, Sessions suggested that U.S. Attorneys exercise individual discretion in determining which marijuana activities to prosecute. More Guidance.  Attorney General Sessions recently has rescinded various other Department of Justice guidance, including a guideline that advised local courts to refrain from imposing unnecessary or excessive fines and fees upon defendants who are without the means to pay them.  Sessions has announced a general opposition to using guidance documents to implement policy outside of a formal rule-making process. Fines and Fees.  Speaking of [...]