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Cain further argued that no quantity of marijuana had been established and no tests were conducted on the residue. Tests on the child within days of the incident were negative for marijuana, he said
Originally posted by worldwatcher
... was only exposed to second hand smoke from being around her mother, I would think traces of thc would be in her system. It doesn't make sense.
Tests on the child three days after the incident were negative for marijuana
this is a statute that is confusing... [judge]... Shanstrom said.
Originally posted by WyrdeOne
One other thing, this showcases quite nicely one of the main problems I see with modern parenting in Western societies.
Knowing when, and how, to say 'No' is a critical part of parenting that's fallen by the wayside.
Federal defender Zachary Cain urged Shanstrom to sentence Durham to a year of probation with her conviction to be vacated if she successfully completed the term. He said the statute that applied dealt with personal-use quantities and that the maximum sentence by law was two years.
Assistant U.S. Attorney Marcia Hurd said Durham deserved the maximum punishment, which in her interpretation of the law was 10 years in prison.
Shanstrom calculated a sentencing guideline range of 78 months to 97 months, which reflected enhancements because the child was very young and vulnerable, then sentenced Durham to five years in prison.
‘‘Jessica, this is a statute that is confusing
The rate of metabolism in infancy is significantly higher than in adulthood because of the larger surface area in relation to the mass of active tissue.
Originally posted by Mayet
I doubt very much the mother then went and dosed her child up on Urals to clear the blood tests.