What is Synthetic Marijuana and Is it Legal in New Hampshire?

Synthetic Marijuana

In the last few years, a new drug has gained in popularity, particularly with youth. It has also generated a great deal of attention and concern from law enforcement authorities, the medical community, and drug enforcement personnel. The drug is essentially a synthetic form of marijuana commonly known as Spice. It looks plant based like marijuana, but contains a number of chemical compound additives. The drug resembles potpourri to the point that it is often referred to as potpourri on the street. Sold in packets or small jars, it is labeled and known by names such as: K2, Yucatan Fire, Moon Rocks, Skunk and other harmless sounding names.

The likeness between Spice and actual marijuana is the primary source of the danger it can pose for users looking for a marijuana substitute or marijuana-like high. It can be smoked, made into a drink, or even mixed with marijuana. The plant based ingredients can range from lettuce or other random plant materials that do not pose any real or known hazards. Spice, or synthetic marijuana is often marketed as a natural substance because of the plant based ingredients. However, it is not natural. The synthetic additives make the effects of Spice very unpredictable.

Health Risks

The synthetic additives used in the dug can affect everyone differently and have been shown to be more potent that the cannabinoid compounds found in marijuana. There are also a wide variety of chemicals that can added. This means users have no definitive way of knowing what they are ingesting or smoking. The potency or presence of those chemicals can vary from packet to packet or brand to brand. While the mind altering effects common with marijuana are typically felt with Spice, other unexpected effects can be present and lead to health problems. Some Spice users have experienced anxiety, paranoia, hallucinations, vomiting, seizures, rapid heartbeat, kidney damage, and even heart attacks. The number of calls to poison control centers and emergency room visits related to Spice have risen dramatically in the last few years. This increase in calls and medical emergencies also helped to raise public awareness of the drug and its dangers.

Legal Action

The government has taken steps to ban the use of Spice; which was initially very easy to buy in stores, such as gas stations and convenience stores. It was difficult to regulate a few years ago because it was labeled as “not for human consumption”. Also, as the DEA acted to ban one chemical found in Spice, that chemical would be quickly replaced with another synthetic compound. This would render the ban useless. However, despite the struggles to keep up with the technicalities and alterations manufacturers would implement to avoid regulation, the DEA banned Spice drug in July 2012. Up until then, it could be bought anywhere by anyone. With the federal ban, the chemical additives in Spice are classified as a controlled substance and therefore, it is an illegal drug. As with any controlled substance, the possession, manufacture and sale of such substance is against the law and carries criminal penalties.



By Attorney Richard Monteith

 
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Attorney Richard Monteith Fights For Londonderry Father and Son Facing Drug Charges

BRENTWOOD — A Londonderry man and his son, who are accused of running a marijuana grow operation in their home, are arguing that police did not have the right to search behind a locked door when they responded to a 911 call.

Mark Castiglione, 54, and Brandon Castiglione, 19, are each facing four charges, including manufacturing a controlled drug and possession of a controlled drug stemming from a search of their home on May 17.

The Castigliones are arguing that a judge should throw out all evidence found during the search, claiming that it violates their constitutional rights, according to court records.

The father and son were indicted in separate cases, but Assistant County Attorney Terri Harrington has asked a judge to hold a single hearing to determine whether or not Londonderry police were legally justified in their search of the property.

Harrington said in court papers that the same witnesses would be providing the same testimony for both cases if the hearings were held separately. Defense lawyers representing the father and son have made near identical objections in the case, according to Harrington.

Londonderry police were called to the home by a 911 call made by Brandon Castiglione’s girlfriend, who reported that her boyfriend had “bitten” her and made statements that he could harm himself, according to prosecutors.

Harrington argued that police had a right to do a “protective sweep” of the house to ensure no one else in the home was in need of assistance.

Police officers who responded to the home asked Brandon Castiglione for permission to search the residence, according to Harrington. Brandon Castiglione told police that the home was not his and he could not give permission to police for a search.

Two officers decided to do a sweep of the home anyway. “Immediately upon entering the residence both officers noted a strong odor of marijuana,” Harrington said in a court motion.

The officers found two rooms were locked. Upon opening one locked bedroom, police found marijuana being stored in jars, according to prosecutors.

New Hampshire Defense Attorney Richard Monteith argued in court papers that police essentially searched the entire home before obtaining a search warrant under the auspices of looking for people inside the home.

“Apparently, the girlfriend was never asked who was in the house even though she was available at the Londonderry Police Department,” Monteith said in court papers. “Brandon Castiglione was asked if anyone else was in the house and he indicated that there was not.”

Defense lawyers have not yet indicated whether they object to having a single hearing on the matter.


Source: Union Leader


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Attorney Richard Monteith Selected - Top 100 Criminal Defense Lawyers in NH

The American Society of Legal Advocates

Dear Richard,

Congratulations! On behalf of the American Society of Legal Advocates (ASLA), it is our privilege to inform you that you have been selected as one of the Top 100 Criminal Defense lawyers in the State of New Hampshire for 2014 and are eligible for membership in ASLA.

ASLA is an invitation-only legal organization comprised of the nation's most skilled lawyers. It was founded with one central purpose - to identify and help promote only the most outstanding legal talent throughout the country. With this mission, we invite lawyers who combine stellar legal credentials with proven commitment to community engagement, leadership, and the highest professional standards. As described on our website, your selection was the culmination of a multi-stage process in which our lawyers independently researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 (under age 40) category, ultimately selected less than 1.5% of lawyers nationally. You were selected without regards to whether you choose to join the hundreds of lawyers nationwide who already are members of ASLA, and the selection process is closed in each category once the respective 100 or 40 lawyers in each specialty are invited.

As an ASLA member, you will receive a Certificate of Membership and be listed in ASLA's exclusive, online legal directory as one of the top lawyers in New Hampshire.   You will be able to create an unrestricted, full profile of your practice.   In addition, members get 50%  off  all  online  CLEs  with  LawReviewCLE  (content  varies  by  state)  and  30%  off forthcoming  referral  listings  with ASLA partner  The National  Law  Institute,  as well  as the opportunity to-prominently  display your recent news on our-web-optimized  site. ASLA also supports member-recommended   non-profit   legal organizations, and we have collaborated with our current members on sponsoring CLEs and other local legal events.   This, in addition to enhancing our mission of creating a community of stellar legal talent across the country.

To join, either return the enclosed form or visit our website www.societyoflegaladvocates.org, click on “Confirm Membership" and enter your membership code to begin the activation process. All-inclusive membership dues for 2014 are $200. Congratulations again on your selection.  We hope you will choose to be an active participant in ASLA, and wish you continued successes!

Yours truly,

Elizabeth Israel & Suzanne Neely,

Membership Coordinators

15851 Dallas Parkway, Suite 600 • Addison, Texas 75001

http://www.societyoflegaladvocates.org

 

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New Hampshire Motor Speedway NASCAR Racing Week Safety

NH Speedway NASCAR Racing Week Safety

The New Hampshire Motor Speedway is the largest sports facility in all of New England. With its impressive capacity to hold over 100,000 fans, it attracts and accommodates visitors from all over the country. With the sheer amount of attendees at any given event, the safety and security of everyone is of the utmost concern of those who invest so much time and effort into each and every race. 

Police Presence

Those attending races this season may notice the increase in police presence and security overall. Recent events including the tragic terrorist bombing during the Boston Marathon have naturally led to a planned increase in security and police presence in and around the speedway and around Loudon in general. Event organizers and those who handle the security have all put forth plans to review and analyze current safety and security procedures and update any measures they feel are necessary to ensure everyone in and around the New Hampshire Speedway has an enjoyable and safe time.

Increase Security At The Track

While those who attend NASCAR races at the New Hampshire Motor Speedway may be initially comforted by the increase in security, they should also know this increase can open the door to potential legal troubles if they do not exercise good judgment. Those who attend events can expect to be potentially searched and questioned if they have suspicious or banned items in their possession. There will be inspections of coolers, bags and backpacks brought to the speedway and screeners will be present at every gate. There will also be a command center on site to help in the event of a situation that warrants immediate action.

Avoid DUI in Loudon NH This Week

With all of the excitement and events that take place around the speedway and all over Loudon, the potential to be cited for driving while intoxicated in NH may increase. Alcohol consumption is active at the speedway during races and during parties and gatherings outside of the races. This can lead to a lapse in judgment during or after highly anticipated races and events. Before attending parties on the outskirts of the speedway or the races in general, it is in the publics and your personal best interests to plan ahead if alcohol is going to be part of the festivities. Deciding on designated drivers or others ways to safely and legally get from point A to point B is recommended. Also, being keenly aware of your personal consumption and factoring in influences such as the heat, amount of food you have eaten and time period in which you will be drinking, can all help you avoid being subject to a DWI. If you have imbibed on the premises and intend on driving, being sure your registration is up to date and everything on the outside of your vehicle is in working order may help you avoid suspicion. Also being acutely aware of a lesser traveled route to avoid checkpoints or being around other vehicles on the roadway may help ensure a safe drive home.

In the event that you are at the speedway or leaving a race and you are arrested or charged with DWI, you should ultimately be aware of your legal rights, including whether being pulled over was legal to begin with. You may also want to inquire through legal counsel exactly what kind penalties and punishments you may face in the New Hampshire legal system. Penalties can vary greatly depending on whether or not you have had previous DWI convictions, your blood alcohol level, the circumstances under which you were arrested or charged, and the nature of any field sobriety tests given at the time of arrest.

Knowing there will be increased security measures and possibly an increase in police presence; visitors can plan accordingly to help ensure a safe time for everyone as race season gets underway.

By Richard Monteith

Law Office of Richard Monteith
14 Londonderry Road
Londonderry, NH 03053
Phone: 603.437.2733
Email: monteithlaw@aol.com


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Bike Week 2013 in New Hampshire

Bike Week in New Hampshire Means Increase in Law Enforcement and Increased Need for Safety

Since 1923, Laconia New Hampshire has welcomed bike riders each summer from all over the country for a weeklong celebration of bike culture and everything associated with the lifestyle that accompanies owning a motorcycle. The time honored tradition of what has been universally labeled as “Bike Week” expands every year as more and more people come to New Hampshire to celebrate this unique and growing segment of the American population. There will be number of scheduled events and each year, the usually sleepy town of Laconia accepts thousands of people as temporary residents, estimated to be as many as 400,000 over the course of the week. There are a growing number of events, vendors, concerts, contests, races and the like. With the sheer amount of people who flood the tiny New Hampshire town each summer to celebrate Bike Week, there is a natural need to increase the local and state police presence in and around Laconia and there is also a need to adhere to certain safety guidelines for the protection of everyone who attends. As it is the largest bike gathering in the North East, there is the increased potential for legal issues, arrests and other encounters with law enforcement personnel during the weeklong celebration. 

Avoid a NH DWI - Play It Safe

As there is a notable increase in law enforcement personnel, DWI arrests are increased during this time. As the week typically revolves around bikes and showcasing different styles, the temptation to ride around town or along the scenic roads on the outskirts of Laconia is only natural. If the events that bike enthusiasts attend involve alcohol consumption, judgment pertaining to going for a bike ride may be impaired. If you have been drinking at any number of these events, you can expect the risk of being subject to a DWI charge to increase as police are keenly aware of the amount of drinking that may be taking place during Bike Week. If you are suspected of or subject to a DWI arrest while attending Bike Week, you should know your rights and also know what kind of penalties you may face in New Hampshire. As Bike Week culminates, bike riders may want to be aware of more check points and also take personal precautions, such as designating a driver or walking to events or establishments, to help avoid encounters with law enforcement that may result in high fines, alcohol or drug abuse prevention program attendance, probation, loss of license or any of the other legal pitfalls that come with being charged or convicted of a DWI in New Hampshire.

With such a staggering uptick in the amount of people and the high profile status of the events, there are also safety guidelines in place that can help ensure bikers in attendance have a good time and reduce the chances of encountering law enforcement officials. Ensuring that your bike or other vehicles are properly registered and in legal working order may help attendees and residents avoid unwanted legal problems. Those who attend Bike Week may also find they are subject to closer scrutiny and possible searches when they attend specific events. Being aware that you may be searched, including personal bags, will also help those enjoying Bike Week reduce their chances of being subject to arrest or any other legal action. Also, taking care to avoid speeding or breaking any other traffic laws in New Hampshire can help attendees avoid legal issues during Bike Week.

With a greater awareness that there are more eyes on you than usual and by following simple precautions to avoid attracting unwanted attention, everyone who partakes in Bike Week can have a more care-free time and help ensure the safety of everyone around them while reducing their own risk of facing a DWI or any other legal charges.

By Richard Monteith

Law Office of Richard Monteith
14 Londonderry Road
Londonderry, NH 03053
Phone: 603.437.2733
Email: monteithlaw@aol.com