Articles Posted in Marijuana

Texas has some of our nation’s most outdated marijuana laws. Possession of any usable amount of pot is a Class B misdemeanor that carries a sentence of up to 6 months in jail, and a $2,000 fine. In reality most misdemeanor pot defendants get probation. However, Texas makes no distinction between recreational and medicinal pot smokers. All marijuana consumers are criminals in Texas.

I have witnessed the prosecution of the infirm for marijuana possession. It is a horrible practice that degrades our justice system. If prosecutors will not use their discretion to dismiss cases against the sick, then Texas must join the 14 other states that allow the medical use of marijuana.

To that end House Bill 164 was submitted last week. The text of the bill can be viewed here. Notice our state’s peculiar spelling of “marihuana.”

Barack Obama is our next President. Like the outgoing President, Mr. Obama is an ex pot smoker. America’s current pot smokers will be glad to find out that our nation’s voters supported common sense marijuana form last night. With help from the Marijuana Policy Project, here is an overview of three marijuana ballot initiatives that passed last night.

Massachusetts Question 2: Remove the threat of arrest or jail for possessing an ounce or less of marijuana, replacing it with a $100 fine, which could be paid through the mail without lawyers or court appearances, just like a speeding ticket.

It’s too bad Texans can’t get a similar law passed. Court time, police time, prosecutor time, defense attorney time are wasted on simple pot possession cases. In my experience 95% of marijuana prosecutions are for less than 2oz (class B).

Texas’ Drug Free Zone (DFZ) law is a testament to the failure of Prohibition. If our drug war worked special laws to keep drugs out of certain areas wouldn’t be necessary. But I digress.

So what is a Drug Free Zone?

Basically in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility or on a school bus.

The federal propagandists who argue for marijuana prohibition claim that marijuana consumers are not a burden on the criminal justice system. The numbers tell a different story. Last year 827,721 persons were arrested for marijuana possession.

What The Cops Aren’t Working On

If those numbers aren’t embarrassing enough then consider the millions of police officer/prosecutor hours wasted, and the billions spent incarcerating, warehousing, and processing these defendants. I often blog about the opportunity costs of the drug war.

GOP VP candidate Sarah Palin is an ex marijuana consumer. Mrs. Palin smoked her pot in Alaska, which her campaign points out was legal in Alaska at the time. This is a curious defense as John McCain is an advocate for the federal arrest and prosecution of medical marijuana patients and providers who operate legally under California law.

Like any good politician Mrs. Palin she now claims she didn’t enjoy her marijuana, and that adults (besides her) should still be arrested, even though she wasn’t.

“‘I can’t claim a Bill Clinton and say that I never inhaled.'” The paper quoted Palin as saying she opposed legalization of marijuana because of the “message” that would be sent to her children.

For those new to the blog I am a member of the National Organization for the Reform of Marijuana Law’s (NORML) legal comittee. I used to prosecute pot cases, now I defend them. My goal is for a future in which lawyers will do neither.

That being said, here is This Week In Federal Marijuana Prohibition

Marijuana Is Grown By Illegal Immigrants!!!

Rep. Barney Frank proposed ending federal criminal penalties for possession of small amounts of marijuana. The Personal Use Act may not have a chance to pass this time, however the tides are turning against our failed drug war.

For proof the public is catching on read the comments to the CNN story. Despite years of hystrionics (smoking pot is just like Russian Roullette!) and tax payer funded garbage propaganda Americans are rejecting prohibition louder than ever before. There is simply no logical intelligent support for arresting Americans who use cannabis.

For some perspective closer to home check out these comments on legalization

I’m on a suppression win streak. My last two suppression motions in marijuana cases have been granted. Like any other criminal defense attorney I have had more than a few motions to suppress denied. As a NORML legal committee member these marijuana victories are especially satisfying.

Aggregating these cases produces some general advice on being stopped and searched.

First, cops will often try and trick you into granting permission to search your car. You should NEVER consent to a police search of your vehicle.

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