This motion argues that, because the routine imposition of marijuana testing as a condition of release is at odds with the current legal, social, and scientific understanding about the risks posed by marijuana use, courts should exercise discretion and not impose a marijuana testing requirement as a pretrial condition of release unless there are specific reasons, beyond mere past or potential use of marijuana, that such use would be dangerous or lead to a failure to return to court.
Pgs. 2-7: discussing changes in federal marijuana enforcement to argue that the federal government no longer views marijuana use/possession as inherently dangerous
Pgs. 9-10: describing racial disparities in marijuana possession enforcement and documenting how Black people are disproportionately arrested for possession while white business owners profit from the marijuana sales industry
Pgs. 11-12: arguing that general marijuana testing requirements are inefficient and divert scarce resources from efforts that actually impact public safety
