This article was produced in collaboration with AlterNet and first appeared here.

Last year, in one of the Roberts' court's rare decisions not siding with law enforcement, the US Supreme Court ruled that police could not detain people pulled over for traffic violations in order to await the arrival of a drug-sniffing police dog. Once the traffic violation was dealt with, motorists were free to go, the court held.

"Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures," wrote Justice Ruth Ginsberg for the court's 6-3 majority in Rodriguez v. United States.

That case was a necessary antidote for police practices that evolved after the Supreme Court's decision in Illinois v. Caballes a decade earlier. In that case, the high court held the use of drug dogs during a traffic stop did not violate Fourth Amendment proscriptions against unwarranted searches and seizures because, in the court's rather involved reasoning, people carrying drugs have no expectation of privacy. Unlike the use of infra-red cameras to peer inside homes, which the court disallowed in an earlier case, the use of drug dogs would only reveal drugs, not other intimate details of one's life, so that was okay.

What came after Caballes was repeated reports of people being stopped for alleged traffic infractions on the highway, then forced to wait on the side of the road in a sort of legal limbo ("Am I under arrest?" "No." "Am I free to go?" "No.") for the arrival of a drug dog to conduct a search of their vehicles. Then, when the drug dog would "alert" to the presence of drugs, police had probable cause to search the vehicle, find the drugs, and arrest and charge the driver.

What also came after Caballes was people being arrested, convicted, and imprisoned for drug offenses after being detained for lengthy periods. Asserting that their rights had been infringed by the lengthy detentions, some of them appealed, arguing that the evidence against them should be suppressed because it was unconstitutionally obtained.

The situation festered until the Rodriguez decision was announced. Police would no longer have a free hand to hold people against their will while awaiting the drug dog's arrival. That should have reined in the cops, but it hasn't exactly worked out that way. Instead, two distinct lines of post-Rodriguez drug dog jurisprudence have emerged, one seeking to uphold and strengthen it, but the seeking to find work-arounds for drug-hunting police and their canine helpers.

Representative of Rodriguez's positive impact was last month's Kentucky Supreme Court decision in Davis v. Kentucky. In that case, an officer pulled over Thomas J. Davis for crossing the center line, administered field sobriety tests that Davis passed, then asked for Davis's consent to search the vehicle. Davis refused to consent to a vehicle search, at which point the officer had his drug dog sniff the exterior of the car, despite Davis's protests. The dog alerted, the car was searched, and police found methamphetamine and drug paraphernalia.

At trial, Davis moved to have the evidence suppressed as fruits of an unlawful search, but he lost at the trial level and reached an agreement to plead guilty while preserving his right to appeal the ruling on the motion. He was sentenced to 20 years in prison. The Kentucky Supreme Court reversed the conviction and sent the case back to the trial court.

"As recently clarified by the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), a police officer may not extend a traffic stop beyond its original purpose for the sole purpose of conducting a sniff search -- not even for a de minimus period of time," the state high court concluded. "Under Rodriguez, any nonconsensual extension of the detention beyond the time taken to verify Appellant's sobriety, unless accompanied by additional grounds to believe other criminal activity was afoot, was unconstitutional… With no articulable suspicion to authorize an extended detention to search for drugs, [the officer] prolonged the seizure and conducted the search in violation of Rodriguez and Appellant's Fourth Amendment protections."

"While Davis isn't perfectly clear, it strongly suggests that the use of drug dog without reasonable suspicion a crime has been committed offends the reasonableness clause of the Fourth Amendment, said John Wesley Hall, a Little Rock criminal defense attorney, former head of the National Association of Criminal Defense Attorneys (NACDL), and author of Search and Seizure, 5th Ed.

Keith Stroup, the founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML), liked what he saw in Davis, too.

"This is a great decision," Stroup said. "It will help a lot of drivers, but it doesn't totally write drug dogs out. With no articulable suspicion to authorize an extended detention to search for drugs, the police are out of luck."

Police erred in this case, Stroup said, but not in the sense that the court meant.

"The mistake the cops made is that they didn't lie and claim they smelled marijuana," he said. "They will learn very quickly that the first thing to say is 'I smell marijuana.' Then they can at least do a search of the passenger compartment."

Still, Stroup pronounced himself pleasantly surprised at the ruling.

"In some states, the Supreme Court is very law enforcement-oriented and willing to give police the benefit of the doubt. That this came out of Kentucky is promising," he said.

The Kentucky case shows how the courts are applying Rodriguez to protect the rights of motorists, but other post-Rodriguez cases are heading in a different direction. As Hall notes on his Fourth Amendment blog linked to above, various US district and appellate courts are bending over backwards to find ways to allow drug dog searches to continue without any reasonable suspicion a crime is being committed.

"Dog sniff by second officer while first officer wrote ticket didn't extend stop," he wrote describing a case> out of the 7th US Circuit Court of Appeals.

"Dog sniff during the normal computer checks are valid," is how he characterized another case in federal district court in Georgia.

"GA holds that a dog sniff of a car before dispatch confirms ID is valid because it didn't extend the traffic stop," he wrote about another Georgia case.

The upshot of these and similar cases is that they provide an opening for police to get their drug dog searches in simply by delaying what should be routine, quickly accomplished, procedures, such as verifying license, registration, and outstanding criminal warrants. "I severely disagree with that case law," said Hall. "It just offends every sense of justice and privacy. It makes a car a target without any reasonable suspicion whatsoever, and it essentially rewards the cop with the drug dog in his car."

And he scoffs at the reported delays in those routine procedures. "The cops deliberately delay the response," he said. "As fast as these computers are, if it takes more than 60 seconds, it's complete bullshit. Or they call in the drivers' license number and it takes forever for the call to come back, so the cop can sit there and chat with you and try to find excuses to come up with reasonable suspicion.

Clearly, Rodriguez hasn't settled the issue. While law enforcement is now somewhat constrained in the use of drug-sniffing dogs on the highway, police -- and friendly courts -- are working assiduously to find ways to continue to use them. Ironically, the current state of the law could result in not fewer but more drug dogs on the highway, because under some of these rulings, the police officer who has a dog with him can get away with a quick sniff, while the officer who has to call and wait for one to arrive would be out of luck.

And that means the litigation likely isn't over. "The Supreme Court is going to have to take this up one of these days," said Hall. "This whole idea of pulling people over with dogs smacks of Nazi Germany."

Puerto Rico's governor says legalize it, Wyoming's effort to felonize marijuana edibles dies, MPP rolls out its Ohio medical marijuana initiative, and more. 

Marijuana Policy

Puerto Rico Governor Calls for Pot Legalization. Outgoing Gov. Alejandro Garcia Padilla called for marijuana legalization as he gave his last public address as governor Monday. He said doing so would lower both crime and hypocrisy. He said that at the least, legislators should approve a 2013 bill to decriminalize pot possession.

Wyoming Edibles Bill Dies as Lawmakers Tussle Over Making Possession a Felony. A Senate-passed bill, Senate File 96, that made it a felony to possess more than three ounces of marijuana edibles died Monday after failing to advance before a legislative deadline. The House Judiciary Committee last week stripped out the felony provision, but legislative squabbling left the bill dead. The bill was deemed necessary after a pair of state judges ruled that the state's marijuana laws did not apply to edibles. "There really is concern that if you overreach, you can turn activity that was lawful in one state into a felony on this side of the border, and while you may feel that’s the right way, you want to be careful before you undertake to put people in prison for that type of activity, explained Senate Majority Leader Phil Nicholas (R-Laramie). 

Medical Marijuana

MPP Rolls Out Ohio Medical Marijuana Initiative. The Marijuana Policy Project-backed Ohioans for Medical Marijuana has rolled out its proposed constitutional amendment to allow for medical marijuana. The proposal calls for 15 large-scale grow operations and an unlimited number of smaller grows, with five types of business licenses for growers, manufacturers, and retailers. Personal medical marijuana grows would not need to be licensed.

Texas Poll Shows Strong Support for Medical Marijuana. A new Texas Tegna poll suggests Texans are ready to move beyond the limited legalization of CBD cannabis oil and go for full-blown medical marijuana. The poll found that 71% supported expanding the program, with only 19% opposed.

Asset Forfeiture

Indiana Sued Over Asset Forfeiture Fund Disbursements. The Institute for Justice has sued the state to try to force it to enforce its own asset forfeiture laws. They require that proceeds from seizures go to a schools fund, but that hasn't been happening. Instead, police and prosecutors have been keeping the proceeds for themselves.

Wyoming Governor Signs Asset Forfeiture Reform Bill. Last year, Gov. Matt Mead (R) vetoed a bill that would have ended civil asset forfeiture reform, but on Monday he found an asset forfeiture bill he could get behind. Mead signed into law Senate File 46, which does not end civil asset forfeiture, but imposes tighter rules on it. Now, people whose property is seized will get a probable cause hearing within 30 days, with a judge deciding whether to proceed with forfeiture. If property owners can prove they are innocent, the state will have to reimburse their legal costs.

Harm Reduction

Oregon Legislature Unanimously Approves Opioid Overdose Reversal Drug Bill. Following in the footsteps of the House, the Senate Monday unanimously approved House Bill 4124, which allows pharmacists to dispense naloxone (Narcan®) without a prescription. The bill also expands the Prescription Drug Monitoring Program so that emergency room physicians will be able to access the database.

Law Enforcement

Judge Denies Federal Government's Motion to Unlock iPhone in Drug Case. Magistrate Judge James Orenstein in Brooklyn, New York, has denied a government motion to compel Apple to help it unlock an iPhone in a drug case. "Ultimately, the question to be answered in this matter, and in others like it across the country, is not whether the government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs Act resolves that issue and many others like it yet to come," the ruling says. "For the reasons set forth above, I conclude that it does not. The government's motion is denied." The Justice Department said it would ask Orenstein to review his decision in coming days.

International

Myanmar Christian Anti-Drug Vigilantes Retreat. The Pat Jasan movement, which had attempted to destroy opium crops in Kachin state, has abandoned its efforts after dozens of its members were attacked last week. Some 30 vigilantes were injured in grenade and gunfire attacks by unidentified assailants as they tried to clear poppy fields. 

Busy, busy. State legislatures are in full swing, and the bills just keep coming. Meanwhile, Florida's medical marijuana initiative has qualified for the ballot, Vermont's governor endorses legalization, and more.

Marijuana Policy

Federal Judge Throws Out Lawsuit Against Colorado's Legalization. A Colorado US District Court judge has rejected a lawsuit challenging the legality of marijuana legalization in the state. The lawsuit was filed by a Washington, DC-based anti-marijuana group, the Safe Streets Alliance, and asked the court to find the state and Pueblo County guilty of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act. The judge in the case rejected the claims, concluding that private parties have no standing to seek recourse for alleged violations of the Supremacy Clause, which makes federal law the supreme law of the land. Another lawsuit, filed by the states of Nebraska and Oklahoma, is still being decided.

New Mexico Poll Finds Strong Support for Legalization. Three out five (61%) adult New Mexicans support legalizing and regulating marijuana, according to a new poll from Research & Polling. The poll comes as the legislature ponders two bills, one that would amend the state constitution to let voters decide the issue, and one that is a straightforward legalization bill. The bills are Senate Joint Resolution 5 and House Bill 75, respectively.

Vermont Governor Endorses Legalization Bill. Gov. Peter Shumlin has endorsed the Senate Judiciary Committee's legalization bill, Senate Bill 137. "The War on Drugs has failed when it comes to marijuana prohibition," Gov. Shumlin said. "Under the status quo, marijuana use is widespread, Vermonters have little difficulty procuring it for personal use, and the shadows of prohibition make it nearly impossible to address key issues like prevention, keeping marijuana out of the hands of minors, and dealing with those driving under the influence who are already on Vermont's roads. The system has failed. The question for us is how do we deal with that failure. Vermont can take a smarter approach that regulates marijuana in a thoughtful way, and this bill provides a framework for us to do that."

DC Poll Finds Residents Want District to Move Ahead With Regulation -- Despite Congress. A substantial majority of District residents believe Mayor Bowser should move forward with taxation and regulation of marijuana despite Congressional prohibition, according to a survey conducted over the weekend by Public Policy Polling (PPP) for the Drug Policy Alliance, DC Vote, DC Working Families and the Washington City Paper. Two-thirds (66%) of respondents believe the mayor should pursue a legal method (such as use of reserve funds) to implement taxation and regulation of marijuana in the District. In light of congressional interference attempting to prevent such regulation, 63% of residents view marijuana legalization as a statehood issue for the District.

Medical Marijuana

Americans for Safe Access Releases Report on State Medical Marijuana Programs. The patient advocacy group graded each state and graded harshly. No state earned an "A" and only 12 earned a "B." Read the report here.

California Bill to Halt Medical Marijuana Bans Heads to Governor's Desk. After passing the Senate earlier this week, Assembly Bill 21, has now passed the Assembly and awaits a signature from Gov. Jerry Brown (D). The bill lifts a March 1 deadline for localities to regulate medical marijuana or lose control to the state. The deadline has prompted more than a hundred localtities to enact bans on various sorts in a bid to retain local control.

Florida Medical Marijuana Initiative Qualifies for the November Ballot. The group behind the effort, United for Care, said Wednesday the Division of Elections has recorded 692,981 verified voter signatures, nearly 10,000 more than needed to qualify. A similar effort won 58% of the vote in 2014, but failed to pass because constitutional amendments require 60% of the vote to pass in Florida.

Heroin and Prescription Opiates

Injection Drug Use Driving Appalachian Hepatitis B Infections. The Centers for Disease Control and Prevention report that acute Hepatitis B was up 114% in Kentucky, Tennessee, and West Virginia between 2009 and 2013. The report found that injection drug was tied to 75% of the new cases. Unlike Hep C, Hep B can be prevented with a vaccine, but vaccine coverage is low among adults nationwide.

Maine Governor Wants Gunowners to Shoot Drug Dealers. Just days after saying Maine should revive the guillotine to execute drug dealers, Gov. Paul LePage suggested just shooting them instead. "I tell ya, everybody in Maine, we have constitutional carry," LePage said in an on-camera interview in Lewiston. "Load up and get rid of the drug dealers. Because, folks, they're killing our kids," the governor said. He then denied that he was encouraging vigilantism.

New York Assembly Minority Task Force Releases Report on Heroin Addiction. The task force has come out with suggestions for combating heroin and opiate addiction. The recommendations include earlier drug education, involuntary "emergency medical" detention of addicts, and a felony "death by dealer" statute. Now, the task force must work with Assembly Democrats to create legislation.

Drug Testing

South Dakota Welfare Drug Testing Bill Killed in Committee. The Health and Human Services voted to kill a bill that would have required welfare applicants to undergo mandatory, suspicionless drug testing. Even the Republican governor had opposed the bill.

International

Producers of Prohibited Plants Issue Declaration Ahead of UNGASS. The Global Forum of Producers of Prohibited Plants (coca, opium, marijuana) is demanding that growers be heard at the UN General Assembly Special Session on Drugs in April. In a joint declaration from producers in 14 countries, the group urged an end to forced eradication of drug crops, the removal of the three plants from international drug control treaties, and sustainable rural economic development. Click the title link for a full list of participants and recommendations.

A handful of dispensaries open in New York, dispensary applications are now available in Hawaii, it looks like Florida will get another chance to vote for medical marijuana, and more.

National

Last Friday, a federal court okayed firing an employee for medical marijuana use. A federal district court in New Mexico has held that an employer is not obligated to accommodate an employee's use of medical marijuana, even when the drug had been supplied to the employee by a state-legal medical marijuana program. The ruling came in the case of an AIDS patient whose job offer was yanked after he tested positive for marijuana metabolites during a pre-employment drug test. The court noted that marijuana remains illegal under federal law.

Arizona

As of Wednesday, Arizona GOP legislators are trying to chip away at medical marijuana access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list doctors who can issue medical marijuana recommendations.

California

As of Wednesday, a fix was in the works for the state's medical marijuana regulation deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.

Florida

Last Monday, the medical marijuana initiative campaign handed in signatures. United for Care, the group leading the campaign, handed in more than one million raw signatures to state officials. The group needs only 683,149 valid signatures to qualify for the November ballot. In 2014, United for Care's initiative failed even though it won 58% of the vote. Because it was a constitutional amendment, it needed 60% to pass.

Hawaii

Last Tuesday, dispensary applications became available online. Applications must be submitted online and will only be accepted during the application period of Jan. 12, 2016, 8:00am Hawaii Standard Time (HST) to Jan. 29, 2016, 4:30pm HST. Get the online application here. There's a $5,000 application fee. Read about dispensary license requirements here.

Missouri

On January 7, a medical marijuana initiative was approved for signature gathering. An initiative from New Approach Missouri has been approved for circulation by the secretary of state's office. The group is seeking 250,000 raw signatures to ensure it meets the requirement of 160,000 valid voter signatures to qualify for the ballot. The campaign estimates it will cost $800,000 for paid signature gathering and is trying to raise funds now.

New Hampshire

Last Friday, the state approved its first medical marijuana production facility. The Department of Health and Human Services said last Friday that it has approved the first of three locations to grow medical marijuana and started mailing out ID cards. Some 176 Granite Staters have qualified to use medical marijuana so far.

New York

On January 7, the state's first dispensaries opened for business. Eight dispensaries opened in the state, a slow start to a medical marijuana program in a state with nearly 20 million people. The state has authorized another 12 to open later this month.

Last Monday, the state failed to approve PTSD and other health conditions for medical marijuana use. The state Health Commissioner determined there is not yet enough evidence of effectiveness to approve the use of medical marijuana to treat PTSD, Alzheimer's disease, muscular dystrophy, dystonia, and rheumatoid arthritis. The commissioner can, however, add qualifying conditions at any time and will be meeting with specialists to evaluate new scientific evidence as it becomes available.

Ohio

Last Thursday, lawmakers formed a medical marijuana task force. Ohio House Republicans unveiled details on a new task force on medical marijuana. In November, voters rejected Issue 3, which would have included medical marijuana in a broader legalization initiative, but there is broad popular support for medical marijuana in the state. Recent public opinion polls show 85% support medical marijuana.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]