PKN Law in the News
Pa. Board of Pardons approves less than 10% of Marijuana Pardon Project applicants
Recent decisions from the Pennsylvania Board of Pardons regarding Governor Tom Wolf’s much-hyped Marijuana Pardon Project indicate that the initiative will benefit many fewer people than previously expected.
Use medical marijuana? You can be charged with a DUI — even if you're not impaired
A Pennsylvania law allows medical marijuana patients to be charged with driving under the influence even if they are not impaired. Patients and even prosecutors are trying to change the law.
What to know about Pennsylvania’s marijuana laws
As neighboring states change and update their marijuana and cannabis laws, it can be confusing to know what's legal in Pennsylvania. Here's everything you need to know.
Certain Pennsylvanians eligible for pardon of nonviolent, small marijuana convictions
Under a new program just announced by Gov. Tom Wolf, Pennsylvania’s Board of Pardons is set to take up the cases of thousands of Pennsylvanians with nonviolent, small amount marijuana convictions.
Certain Pennsylvanians eligible for pardon of nonviolent, small marijuana convictions
Under a new program just announced by Gov. Tom Wolf, Pennsylvania’s Board of Pardons is set to take up the cases of thousands of Pennsylvanians with nonviolent, small amount marijuana convictions.
Wolf starts process to pardon lower level marijuana convictions
Thousands of Pennsylvanians convicted of minor marijuana charges may be eligible for a pardon from Gov. Tom Wolf. As KDKA political editor Jon Delano explains, it’s part of a new program announced to accelerate the pardon process for marijuana convictions.
Terpenes and Testing: The Podcast with Patrick Nightingale, Esq.
On this episode, Dr. Lupoi engages in a lively chat with attorney Patrick Nightingale, Executive Director of the Pennsylvania Medical Cannabis Society and Partner at Cannabis Legal Solutions.
On 4/20, Pennsylvania moves closer to legalizing adult recreational cannabis
Wednesday is April 20th, which is also known as World Cannabis Day. It's also a day for some to reignite efforts to legalize cannabis in Pennsylvania.
Bill aims to protect medical marijuana patients from DUIs by requiring proof of impairment for charge
Legal experts say most states require what's called "proof of impairment" to charge someone with DUI, while Pennsylvania is one of 13 states with a zero-tolerance policy. That means any legal medical marijuana patient could be convicted for getting behind the wheel, even if they haven't used cannabis in weeks.
Medical marijuana patients in Pa. risk arrest for DUI when they get behind the wheel
Medical marijuana patients face a risk of arrest in Pennsylvania if they get behind the wheel of a vehicle. Jesse Roedts found that out first hand.
Why is the Pa. GOP keeping us stuck in cannabis prohibition?
As the majority party they control the legislative agenda. But, the PAGOP took on medical cannabis in 2015-2016, with all of its challenges, and now as we have a fully operating medical cannabis program. What voters like me can’t understand is why our Republican leadership won’t take on full legalization in the same businesslike way.
Should medical marijuana patients be allowed to have guns in Pennsylvania?
The federal government’s stance on marijuana is impacting medical marijuana patients’ jobs, hobbies and sense of protection. Marijuana remains a schedule one drug at the federal level, so medical marijuana users can’t get firearm permits.
Can I be evicted for using medical marijuana?
If you use medical marijuana, can landlords refuse to rent to you, or even evict you? And what should you tell your landlord when looking for housing? Here are some basics.
Can you support Black Lives Matter and still prosecute marijuana cases? This prosecutor says yes.
When Black Lives Matter protesters marched through Chambersburg in early June of this year, the district attorney for Franklin County said he opened the windows to his office to better hear their chants and cries.
‘We’re literally, I think, on the verge of a real crisis': Allegheny Co. Courthouse employees worried about COVID-19 safety
Earlier this week, Channel 11 reported an assistant district attorney was in the ICU. Now, other attorneys and courthouse employees are saying they fear for their safety.
Target 11 Investigates driving on medical marijuana in Pennsylvania
A Pittsburgh woman is facing driving under the influence charges after investigators suspected she was part of that deadly overdose on the Southside last fall.
'End ... this ridiculous and racist war on cannabis': Closer Look
Black Pennsylvanians were arrested for marijuana possession at more than three times the rate of whites in a five-year period from 2014 through 2018, according to the FBI Uniform Crime Reporting Program.
Police: Mt. Lebanon man took $153K from former Shadyside employer
A Mt. Lebanon man is accused by Allegheny County detectives of taking $153,800 over seven years from a Shadyside financial planning and advising firm where he used to work, according to court papers.
Pa. Governor Tom Wolf Supports Legalizing Marijuana
Gov. Tom Wolf says he is now in favor of legalizing marijuana for recreational use in Pennsylvania, and is asking lawmakers to consider it.
Turahn Jenkins vows to not prosecute cannabis possession as Allegheny County District Attorney
The criminalization of the possession and use of cannabis has had an unequivocally negative effect on our communities. As Allegheny County’s next District Attorney, Turahn Jenkins for District Attorney is committed to ending prosecution of such offenses
Legalization Advocate Pushes Pa. Court To Reclassify Pot
Pennsylvania's classification of marijuana as a Schedule I drug with no accepted medical use runs counter to the state's own medical marijuana program and should be eliminated, a defense attorney and legalization advocate told a Superior Court of Pennsylvania panel Wednesday.
Fetterman to launch statewide listening tour on merits of recreational pot
Pennsylvania Lt. Gov. John Fetterman will wade into the weeds to gauge public interest in legalizing recreational marijuana during a 67-county tour of the state beginning Saturday in Pittsburgh.
Man Accused Of Killing, Dismembering Roommate Allegedly Confessed To Police
The case against the Carrick man accused of killing a man and dismembering his body is moving forward.
Medical marijuana and guns: the choice between medicine and firearms
Nearly 12,000 people have signed up for Pennsylvania's medical marijuana program. A law, created in 2016, gives people under a physician's care access to medical marijuana if they suffer from 17 qualifying conditions. Post-Traumatic Stress Disorder (PTSD), cancer and epilepsy are on the list, among others. But a new hurdle could make the choices of patients even more difficult. Due to federal law, any illegal drug use disqualifies a person from owning or puchasing a firearm.
Marijuana patients who want to pack heat in Pa. should buy guns before registering for the drug
Are you a gun enthusiast who plans to participate in the state's medical marijuana program? If you're planning on buying a new firearm, attorneys suggest you make that purchase before you take the first dose of your legally-obtained medicine.
Federal firearms law takes aim at PA medical marijuana users
The choice between having access to medical marijuana or keeping his firearms isn’t one Patrick Nightingale will make. The Pittsburgh-area criminal defense attorney and executive director of the Pennsylvania Medical Cannabis Society is sticking to his guns and state-issued medical marijuana card and wants others to do the same.
Justices Take Up Free Speech Case Of Anti-Police Rap Lyrics
They call themselves "gangsta rappers," but Jamal Knox and Rashee Beasley may have crossed the line between protected free speech, and terroristic threats and intimidation when they called out two Pittsburgh police officers by name in a rap song.
Pennsylvania's medical marijuana law undercuts criminal charges, lawyer argues
The attorney for a Monroeville man told a Westmoreland County judge on Monday that Pennsylvania's new law legalizing medical marijuana prevents his client from facing drug possession charges police filed after finding what they described as a grow operation at his former North Huntingdon home.
Hearing For Jail Protest Suspects Pushed Back Due To Attorney Scheduling Conflicts
Eleven people accused in violent protests outside of the Allegheny County Jail were supposed to go before a Magistrate Judge Tuesday. "There are some very serious allegations, but there are some interesting civil rights here," said attorney David Shrager, who represents James Griffin.
Pa. Auditor General: Legalizing Marijuana Would Create Jobs, Generate Tax Revenue
Next year, medical marijuana will be available for purchase across Pennsylvania. So, is legalizing recreational pot soon to follow? State Auditor General Eugene DePasquale thinks it's time the Commonwealth join other states that have.
Will Medical Marijuana Open The Door To Legalization, Decriminalization?
Despite the fact that there are now two bills to decriminalize pot in the Legislature, chances of them being approved are also very slim. But Nightingale, a marijuana advocate and lawyer, wants decriminalize marijuana thorough the court system.
Rapper Who Was Arrested for Anti-Cop Lyrics Argues He’s Protected by Free Speech
In 2014, Pittsburgh rapper Jamal Knox was sentenced to prison for recording and publishing an anti-cop track called “Fuck the Police.” Less than three years after his conviction, the Supreme Court has agreed to take up an appeal by Knox, who argues his work is protected by the First Amendment.
Top court reviews free speech case of man’s anti-police rap
The Supreme Court on Monday said it would take up an appeal by Jamal Knox, who argues his song, which was briefly posted online, is protected by the right to free speech. Knox wants the court to set aside his convictions for witness intimidation and making terroristic threats.
Pittsburgh attorney tries novel approach in fight to normalize marijuana
In April 2016 Governor Tom Wolf signed into law Pennsylvania’s Medical Marijuana Act, or Act 16, legalizing medical cannabis for PA residents with serious medical conditions. Now, a Pittsburgh criminal defense attorney believes the new medical law gives him standing to challenge how Pennsylvania classifies recreational marijuana, which is still illegal in Pennsylvania and is classified as a “Schedule One” controlled substance.
Patrick K. Nightingale Talks Decriminalization In Meadville, PA
Patrick K. Nightingale is Executive Director of Pittsburgh NORML, as well as the Pennsylvania Medical Cannabis Society. He addresses everything from medical marijuana to full legalization at a Marijuana Decriminalization rally at beautiful Diamond Park in Meadville, PA.
Scientific And Legal Considerations In The Pennsylvania Medical Marijuana Debate
With three separate bills that propose the legalization of medical marijuana in Pennsylvania currently pending in the state legislature, an interdisciplinary group of experts will present on and discuss the various aspects of the medical marijuana debate at the next Forensic Fridays session at Duquesne University.
Judge hears defense requests in attempted homicide case
After being accused of shooting a man at a busy city intersection, Hassan “Money” Lamar Brack left Butler and was arrested in Philadelphia. And while in the Butler County Prison, the defendant allegedly made an intimidating phone call to the man he shot.
Penn Medical Marijuana Bill Is Lame
When the Pennsylvania Senate approved a proposal last week aimed at legalizing medical marijuana, supporters were hoping for something more substantial than a green light on a restricted bill. Supporters argue that while patients across the state who suffer from conditions like cancer, epilepsy and PTSD will have access to medicine, many others will receive no benefit.
How smoking pot in Denver could lead to your arrest in Pa.
After Pittsburgh Steelers running back Le’Veon Bell was found possessing marijuana, Attorney Nightingale sits down to discuss possible charges.
Medical pot advocates speak up at meeting with Sen. Folmer in Export
Without medical marijuana to ease her chronic seizures, 4-year-old Sydney Michaels will never be able to go to school, said her mother, Julie Michaels.
DA must approve some arrests based on eyewitness identification
Allegheny County District Attorney Stephen A. Zappala Jr. sent a letter to city officials this week that says Pittsburgh police must get approval from his office to issue a felony arrest warrant that relies on an eyewitness who doesn't know the suspect.
Marijuana gains ground in Pennsylvania Senate
In a round, silver tin presented to a panel of state lawmakers, nine ounces of pungent, federally approved marijuana offered cannabis activist Patrick Nightingale a reminder of how far he'd come, and how far he has to go.
Hire me, 'I think like a criminal,' Pittsburgh lawyer says in YouTube video
Need a criminal defense lawyer? Then you should hire a lawyer who thinks like a criminal, according to a YouTube video by Pittsburgh attorney Daniel Muessig.
Wrongfully jailed Lincoln-Lemington man plans suit
DeAndre Brown was inside his Chevy Trailblazer at Kelly and North Lang streets in the city's Homewood section just before 11 a.m. Sept. 16. The young man, who worked security for the Carnegie Library branch there, looked on in disbelief when at least five police officers swarmed his vehicle, pulled him from the SUV and handcuffed him.
Pennsylvania State Nurses Association backs legalizing medical marijuana
The Pennsylvania State Nurses Association has come out in favor of a bill that would legalize medical marijuana. The association also wants the federal government to lower the drug from schedule I to schedule II.
Wrongly jailed Lincoln-Larimer man praises mother
An ankle monitoring device made DeAndre Brown a prisoner in his Lincoln-Larimer home on Saturday, one day after prosecutors dropped a robbery charge that had been based on a wrong identification and kept him in jail for a month.
Discussing The Legalization Of Marijuana
KDKA Radio's Mike Pintek speaks with the Executive Director of Pittsburgh NORML Patrick Nightingale about the legalization of marijuana.
G20 protester resentenced
A man who was convicted of causing more than $15,000 worth of damage during G20 protests in 2009 will restart his five years' probation after pleading guilty to summary charges of obstructing roadways and disorderly conduct stemming from another protest last year.
Protest against violence on gays leads to 5 arrests in Bloomfield
Police arrested five people who they said blocked roadways and became disorderly during a rally Wednesday night in Bloomfield. One of those arrested was on probation after previously serving time for $15,000 in damage he caused in Oakland during the G-20 protests in 2009.
G-20 protester gets jail time for vandalism
A G-20 protester convicted of breaking $15,000 worth of windows in Oakland was sentenced Tuesday to six to 18 months incarceration. David Japenga, 21, of Lawrenceville, told Allegheny County Common Pleas Judge Edward J. Borkowski that he's had a lot of time to reflect on his actions, and recognizes now that they were inappropriate.
Combative defendants are hard to defend
Beating a criminal charge in federal court is hard enough. But what about when the defendant is combative, mentally ill and very smart? That was the challenge for court-appointed defense attorney Douglas Sughrue over the past several months in representing the woman accused of participating in a 2003 bank robbery and fatal collar-bombing in Erie.
Defendant in clergy slaying will get new trial
The man convicted of the 1997 killing of a popular chaplain who served two Pittsburgh universities will get a new trial. Kristopher Heggins, 30, of Highland Park, was found guilty of shooting the Rev. Salvatore "Sam" Brunsvold on Jan. 28, 1997. But the judge who heard the original case granted a new trial because she said his previous attorney allowed the jury to hear that Mr. Heggins had been charged with other crimes.
Man pleads guilty in death of Larimer man
After three separate juries failed to convict Jerry Gaines on homicide charges, he pleaded guilty Tuesday to voluntary manslaughter.
Pa. bill would legalize marijuana as therapeutic option
At Abay, an ultra-hip eatery in East Liberty, pro-medical marijuana activists are recruiting and organizing new members over martinis. And in Harrisburg, some legislators are pushing for passage of a bill that would make Pennsylvania the 15th state to legalize medical marijuana -- if New York and Maryland don't beat them to it.
Jury deadlocks again in North Point Breeze homicide
For the second time, an Allegheny County jury could not reach a verdict in the homicide case against Jerry Gaines.
Brentwood woman gets house arrest for killing her live-in boyfriend
Through sobs, Monique Bailey could barely speak yesterday as she asked an Allegheny County judge for leniency for killing her live-in boyfriend.
Sometimes, defendants do the darndest things
Timothy Lee Williams' lawyer, Frank C. Walker II, stood next to him, powerless. He had advised Mr. Williams not to testify, but his client didn't listen. "All I really wanted to do was express myself," the defendant began, launching into an incoherent diatribe about his life and the circumstances surrounding a Hill District homicide.
Mechanic's charges a 'test case'
Investigators first traced the cause of a fatal crash in Brookline to the brakes, then to the fluid cap, then to the mechanic who left the cap unscrewed. Last week, the mechanic was arrested and charged with involuntary manslaughter, setting in motion what legal experts say is a remarkable case.
Unjust treatment: An 11-year-old should not be tried as an adult
In Pennsylvania, a child under the age of 10 is considered too young to be culpable in a crime. Courts also recognize that youths aged 10 through 17 are different from adults, so their cases automatically are handled in juvenile courts. But not when it comes to murder.
Questions abound in killing of FBI agent
Did Christina Korbe hear the police officers at her door identify themselves? Did she really feel that her life and the lives of her children, ages 10 and 4, were in danger?
Man acquitted in 2006 fatal shooting in North Point Breeze
After five hours of deliberation, an Allegheny County jury acquitted a Penn Hills man of murder this afternoon.
Deal keeps girl who killed father out of jail
Fourteen-year-old Rachel Booth could have gone to trial in juvenile court to try to prove that a lifetime of abuse led her to kill her father last summer with a shotgun blast to the face. Instead, the Elizabeth Township girl opted for a less-traumatic solution -- a deal that keeps her out of jail.
Convicted strip club owner survives suicide attempt
A former strip club owner convicted of federal tax charges was found Thursday evening in his home after an apparent suicide attempt.
Juveniles languish in adult jails
At 17, Antowian Kelly was jailed on charges of robbery with an unloaded gun. The Hill District sophomore had no prior record but spent 17 months in Allegheny County Jail before a judge decided his case should be heard in juvenile court.
Just decision: A tormented teen defendant is treated wisely
There isn't much to console the heart in the desperately sad case of 13-year-old Rachel Booth, an apparent victim of rape and physical abuse. She admitted to shooting her father to death as he lay sleeping in a squalid rental house in Elizabeth Township on July 30.
Stripper testifies about 2 killings at party
A stripper testified yesterday about setting off an argument that ended in the deaths of two guests at a birthday party in Penn Hills in 2005.