Connecticut Issues Licenses for the Production of Medical Marijuana

On January 28, 2014, four Connecticut companies were awarded producer’s licenses making them the first legal medical marijuana farms in the state. By April, Connecticut expects to issue between three and five medical marijuana dispensary licenses. Thus far, there have been 27 applications for dispensary licenses. 

In 2012, Connecticut state legislature passed a law legalizing medical marijuana. Those patients seeking to use medical marijuana must have a doctor’s note and register with the Department of Consumer Protection. Currently, there are over 1,500 patients registered to use medical marijuana in Connecticut. 

Landlord’s Remedies upon the Death of a Tenant

As a landlord whose tenant has passed away, you may be unsure of what to do and what your rights are. Can you dispose of the deceased tenant’s personal property? Do you have to wait a certain period? Under Connecticut law, there are specific steps you must follow in a situation like this that will allow you to protect your interests and re-rent the vacant property in a reasonable time.

The process may be shortened if you know of cooperative next of kin but typically, as a landlord, you must wait 45 days after giving notice to the family before you may legally remove the deceased tenant’s belongings from the property. After 45 days have passed, you may move the belongings to a storage facility for an additional 15 days before the belongings may be sold at a public auction.

Be sure to know your rights if you find yourself in this position so that you can handle an unfortunate situation in a professional and efficient manner.

David Rintoul Presents program on ERISA Basics For Labor & Employment Law Attorneys

David Rintoul presented the education program on ERISA Basics For Labor & Employment  Law Attorneys for the November 12, 2013 meeting of the Connecticut Employment Lawyers Association or “CELA.”  The program covered what an attorney needs to know when sitting with a client with a prospective ERISA benefit claim.  He discussed appeals of long-term disability benefit denials and other employee benefits with the insurers, and why pursuing the process effectively is crucial to any litigation of ERISA benefit appeals.   CELA is an organization for lawyers who spend at least fifty percent of their employment practice representing employees.

David presented a similar program to the Labor & Employment Section of the Connecticut Bar Association in the fall.  David is currently Treasurer of the Section, and is Chair of the sections Retirement and Employee Benefits Sub-Committee

You can find the materials he presented at the meeting on the Employment Benefits practice area page of this website.  

Now is as good a time as any!

“Now is as good a time as any.”  That is especially the case after entering a guilty plea and before being sentenced to nine months incarceration.  Just ask 29 year-old Kevin R. Smith of New London.  On Wednesday of this week (January 15, 2014) Mr. Smith was admitting to a violation of his probation in Superior Court in New London.  Judge John M. Newson canvassed Mr. Smith, ensuring that he understood the rights he was waiving by admitting to this violation.  At the end of the canvassing, the Judge asked Mr. Smith if he had anything to add.  In response, Mr. Smith wheeled around to the gallery of onlookers, caught his girlfriend’s eye, went down to one knee and asked her to marry him.  Mr. Smith’s new fiancée said “yes” and Mr. Smith was then sentenced to nine months incarceration and escorted from the courtroom, leaving behind the whimpers of his new fiancée and the lingering question for onlookers:  why would you agree to add a life sentence on top of your nine months?

Seller Beware: New Carbon Monoxide Affidavit Required for Sale of Residential Property

Planning on selling your home? As a seller, there is a new Connecticut law you should be aware of. Effective January 1, 2014, sellers of residential property must present a signed affidavit to the buyer at closing, attesting to the existence and capabilities of the carbon monoxide detectors on the premises. Specifically, the seller must supply a sworn statement that the building has carbon monoxide detectors installed pursuant to manufacturer instructions that are capable of showing the amount of carbon monoxide present in parts per million and that are capable of providing an alarm suitable to warn any occupants. Any seller who does not wish to provide this affidavit must credit the buyer $250 at closing.

For the sale of title to any building for which the building permit was issued before October 1, 1985, the seller must also attest to the presence and capabilities of any smoke detectors on the premises. Any smoke detectors must be capable of sensing visible or invisible smoke particles, must be installed within the immediate vicinity of the bedrooms, and must be capable of providing an alarm suitable to warn any occupants.

The Supreme Court DOMA Ruling: What happened and what are the future implications?

 

On June 26, 2013, the Supreme Court in a 5-4 decision held that Section 7 of the Defense of Marriage Act (DOMA), which limited the definition of marriage to heterosexual couples, violated the Fifth Amendment.

Edith Windsor and Thea Spyer were a legally married same-sex couple. When Spyer died in 2009, the federal government did not allow the estate tax exemption for bequests to widows because of DOMA. Spyer’s estate was forced to pay the tax.

In United States v. Windsor, Windsor challenged Sec. 7 of DOMA on the grounds that the law violated the Fifth Amendment’s Equal Protection Clause. The Supreme Court agreed, stating that the principle purpose of Sec. 7 of DOMA was to demean those in homosexual marriages and to deprive homosexual couples of the rights and privileges that were available to heterosexual couples under the federal laws. The government returned the federal estate taxes that had been paid from Spyer’s estate.   

DOMA has not been invalidated in its entirety. The Supreme Court’s decision is limited only to Sec. 7 of DOMA. While the Windsor ruling does not legalize same-sex marriage nationwide, the ruling has allowed for same-sex couples to enjoy certain rights and benefits under federal law which were previously unavailable to them, such as filing a joint federal income tax return. 

Sec. 3 of DOMA, which is still in effect, gives states discretion in choosing whether to recognize any legally formed same-sex relationship.  Same-sex married couples would be wise to seek legal advice on protecting their rights to the extent possible before traveling or moving to a state which will not recognize their legal relationship.

 

 

Connecticut Prison Officials Can Now Take DNA By Force

The Connecticut DNA Database Unit, which currently receives 12,000 DNA samples from convicted offenders each year, will undoubtedly expand in light of the Connecticut Appellate Court’s recent ruling in State of Connecticut v. Roosevelt Drakes. Recently, Connecticut’s second-highest court affirmed rulings in two superior court cases and held that state prison officials can use reasonable force to take DNA samples from convicted felons who refuse to provide them because the ability to use physical force is inherent in the statutory language and barring state officials from using reasonable physical force would allow a felon to evade his or her obligation to provide a DNA sample and thereby hinder the creation of a comprehensive DNA database to assist in future criminal investigations.  

Connecticut law requires that all convicted felons provide DNA samples, but the challenged statute did not explicitly permit officials to use force in obtaining those samples.  Also, under the statute, convicted felons who did not comply with requests for DNA specimens could be charged with an additional class D felony.  Two inmates, Mark Banks, who is serving up to 34 years in prison on kidnapping, robbery, and other convictions, and Roosevelt Drakes, who is serving a 30-year sentence for murder, declined to provide DNA samples and consequently received additional charges and penalties.  Banks and Drakes appealed their convictions under the statute, which has since been amended by Public Act No. 11-144, on the ground that there was no specific and express language in the statute authorizing officials to use force to obtain DNA samples. 

Currently, all 50 states allow state officials to take DNA samples from convicted felons, and the United States Supreme Court recently issued a significant ruling regarding officials’ ability to obtain DNA evidence during the pre-conviction phase of criminal proceedings.  In June, 2013, the United States Supreme Court held that when officers make an arrest supported by probable cause, hold a suspect for a serious offense, and transport him or her to a station to be held in custody, taking and analyzing a cheek swab of the arrestee’s DNA is a legitimate police booking procedure that is reasonable under the Fourth Amendment (Maryland v. King).   

The recent decisions at the state and federal levels received widespread media coverage, which is a testament to the increasingly important role of DNA evidence in criminal proceedings.  As of June 20, 2013, officials had not yet taken DNA samples from Banks and Drakes because the trial court decisions against them had been stayed pending the outcome of their appeals, and it is uncertain whether Banks and Drakes will now appeal their decisions to the Connecticut Supreme Court.