Articles Posted in War on Drugs

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!!!

DMN reports that a Collin County Sheriff Deputy, Robert Benavidez, has been charged with abuse of official capacity. Allegedly, Mr. Benavidez has been working for a Mexican Drug Cartel, the Zetas. Let’s look at this story from a two angles.

Prohibition=Corruption

Only 3 entities can supply drugs to the American drug consumer- the free market, the government, and organized crime. We have chosen organized crime. Prohibition gives Mexican drug cartels multi billion dollar monopoly. Drug cartels use these profits to, inter alia, corrupt law enforcement so they can sell more drugs.

Scott McClelland, the former White House press secretary, has written a new book about his time serving the Bush regime. As most of you know, President Bush is a former alcoholic who was rumored to have used cocaine in his earlier days. However, since Bush is well connected neither his drug use or DWI arrest were allowed to ruin his future.

Here is an an expert from an Atlanta Journal Constitution story on the book-

McClellan tracks Bush’s penchant for self-deception back to an overheard incident on the campaign trail in 1999 when the then-governor was dogged by reports of possible cocaine use in his younger days.

DEA managed to bust some San Diego State students who were allegedly selling drugs. Since when does the SDSU party scene warrant federal intervention? The investigation started when SDSU lost a student to an overdose. The DEA loves piggybacking on tragedy to try and legitimize their existence.

From the DEA-

“Our children are our biggest asset and absent a safe, drug free learning environment, their chances of succeeding are greatly diminished. The San Diego State University Police and SDSU administration are to be commended for their swift actions in confronting the drug use problem on campus,” said DEA Special Agent in Charge Ralph W. Partridge. “This investigation spotlights two tragedies. The tragic drug overdose deaths of two college students and secondly, the shattered futures of those students who choose to continue to engage in the illicit sale and usage of a myriad of controlled substances. A drug free learning environment for our children should be the norm, not the exception.”

I’ve just finished the John Stuart Mill classic On Liberty. JSM was a 19th century philosopher and political economist. Inter alia, JSM is famous for his refinement of the harm principle. The harm principle is a foundation of modern libertarian (or classical liberal) thought. The HP as explained by JSM-

The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant… The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.

Well, what about drug abuse? People do bad things on drugs. Shouldn’t we just ban drugs so people won’t harm others while high? JSM offers a radically simple solution. Instead of banning substances, we should only hold men responsible for actions that harm others. JSM explains-

No one saves a drug search like our Supreme Court. It seems that few Constitutional protections apply if the police find drugs. . The latest example is Virginia vs. Moore.

SCOTUS in their own words

Held: The police did not violate the Fourth Amendment when they made an arrest that was based on probable cause but prohibited by state law, or when they performed a search incident to the arrest.

Recently, the 6th Court of Appeals (Texarkana) released an opinion in.39 acres vs. the State of Texas . In Texas, asset forfeiture cases list the property as the defendant. For example, The State of Texas vs. Ford F-150, or The State of Texas vs. $24,762 are potential forfeiture case names.

.39 acres was actually about Henry Doke, the owner of the Dew Drop Inn in Marion County. The Dew Drop Inn was a commercial space rented out on a month to month basis.

A search warrant was issued for suspected drug activity at the DDI. The police show up and find cocaine and make a few arrests. The State moves to seize the DDI and the land (.39 acres).

DMN reports that Dallas County Criminal courts have a growing backlog of felony cases.. Even with the addition of two new felony courts in 2005 the number of pending cases is still growing each year. DMN estimates there are 24,126 pending felony cases in Dallas.

What could possibly cause such a huge growing backlog of felony cases? Hmmm…. DMN explores.

The reasons given for this vary, depending on whom you ask. The local criminal justice system has many parts, and defense lawyers and prosecutors can contribute to slow-moving cases. Some cases are more complex and difficult than others, and thus take longer to try. But judges play a big role, too – for example, in the speed with which they hear motions and make decisions.

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