Court Rules Burning Pot Smell Does Not Justify Police Entry

reply to post by shots


Thank God that finally dirty cops aren't able to invade privacy. Do your research on Marijuana because otherwise you are listenting to million dollar organizations that get paid to lie about the 'horrors' of pot. If you have ever heard of an addict ask him what the real reason was..cuz his life was meesed up. Either with his family or girlfriend or wife or kids w/e but NOT becuase of pot.

Unfortunately you do not realize how many people that you depend on do this. Doctors, lawyers, paramedics, firemen, police, judges...

Cannabis has been used for medicinal purposes for over 4,800 years. Surviving texts from Ancient India confirm that its psychoactive properties were recognized, and doctors used it for a variety of illnesses and ailments. These included a whole host of gastrointestinal disorders, insomnia, headaches and as a pain reliever, frequently used in childbirth.

The name cannabis is generally thought to be of Scythian origin. Sula Benet in Cannabis and Culture argues that it has a much earlier origin in Semitic languages like Hebrew, occurring several times in the Old Testament. He states that in Exodus 30:23 that God commands Moses to make a holy anointing oil of myrrh, sweet cinnamon, kaneh bosm, and kassia. He continues that the word kaneh bosm is also rendered in the traditional Hebrew as kannabos or kannabus and that the root "kan" in this construction means "reed" or "hemp," while "bosm" means "aromatic." He states that in the earliest Greek translations of the old testament "kan" was rendered as "reed," leading to such erroneous English translations as "sweet calamus" (Exodus 30:23), sweet cane (Isaiah 43:24; Jeremiah 6:20) and "calamus" (Ezekiel 27:19; Song of Songs 4:14). Benet argues from the linguistic evidence that cannabis was known in Old Testament times at least for its aromatic properties and that the word for it passed from the Semitic language to the Scythians, i.e. the Ashkenaz of the Old Testament.

"In the Judaic world, the vapors from burnt spices and aromatic gums were considered part of the pleasurable act of worship. In proverbs (27:9) it is said that 'Ointment and perfumes rejoice the heart.' Perfumes were widely used in Egyptian worship. Stone altars have been unearthed in Babylon and Palestine, which have been used for burning incense made of aromatic wood and spices. While the casual readers today may interpret such practices as mere satisfaction of the desire for pleasant odors, this is almost certainly an error; in many or most cases, a psychoactive drug was being inhaled. In the islands of the Mediterranean 2,500 years ago and in Africa hundreds of years ago, for example leaves and flowers of a particular plant were often thrown upon bonfires and the smoke inhaled; the plant was marijuana." (Edward Preble and Gabriel V. Laurey, Plastic Cement: The Ten Cent Hallucinogen, International Journal of the Addictions, 2 (Fall 2967): 271-272.

"The earliest civilizations of Mesopotamia brewed intoxicating beer of barley more than 5,000 years ago; is it too much to assume that even earlier cultures experienced euphoria, accidentally or deliberately, through inhalation of the resinous smoke of Cannabis?" (Ritual Use of Cannabis Sativa L, p. 216.)

"It is said that the Assyrians used hemp (marijuana) as incense in the seventh or eighth century before Christ and called it 'Qunubu,' a term apparently borrowed from an old East Iranian word 'Konaba,' the same as the Scythian name 'cannabis.'" (Plants of the Gods -- Origin of Hallucinogenic Use by Richard E. Schultes and Albert Hofmann)

"It is recorded that the Chinese Taoist recommended the addition of cannabis to their incense burners in the 1st century as a means of achieving immortality." (Marijuana, the First Twelve Thousand Years by Earnest Abel, page 5)

"There is a classic Greek term, cannabeizein, which means to smoke cannabis. Cannabeizein frequently took the form of inhaling vapors from an incense burner in which these resins were mixed with other resins, such as myrrh, balsam, frankincense, and perfumes." (Ritual Use of Cannabis Sativa L)

"Herodotus in the fifth century B.C. observed the Scythians throwing hemp on heated stone to create smoke and observed them inhaling this smoke. Although he does not identify them, Herodotus states that when they 'have parties and sit around a fire, they throw some of it into the flames. As it burns, it smokes like incense, and the smell of it makes them drunk, just as wine does us. As more fruit is thrown on, they get more and more intoxicated until finally they jump up and start dancing and singing.'" (Herodotus, Histories 1.202.)

Cannabis as a medicine was common throughout most of the world in the 1800s. It was used as the primary pain reliever until the invention of aspirin. Modern medical and scientific inquiry began with doctors like O'Shaughnessy and Moreau de Tours, who used it to treat melancholia, migraines, and as a sleeping aid, analgesic and anticonvulsant.

By the time the United States banned cannabis (the third country to do so) with the 1937 Marijuana Tax Act, the plant was no longer extremely popular. Skepticism about marijuana arose in response to the bill. One of the main opponents to the bill was the representative of the American Medical Association.

"I will raise up for them a plant of renown, and they shall be no more consumed with hunger in the land, neither bear the shame of the heathen any more." (Ezekiel 34:29)

" Every moving thing that liveth shall be meat for you; even as the green herb have I given you all things." (Gen 9:3).

On either side of the river, was there the tree of life, which bare 12 manner of fruits, and yielding her fruit every month; and the leaves of the tree were for the healing of the nations.
(Rev. 22:1-2)

"I will take my rest and I will consider in my dwelling place like a clear heat upon herbs. For afore harvest, when the bud is perfect and the sour grape is ripening in the flower, he shall cut off the sprigs with pruning hooks and take away and cut down the branches." (Isaiah 18:4-5)

Revelations 15:8 "And the temple was filled with smoke from the glory of God, and from his power."

Originally posted by shots

No the Police get paid to enforce the laws of our country and it is their sworn duty to arrest any offenders who break them.

And there's the rub. The "Rule of Law" requires first and foremost that laws must be "effective." Most drug laws are unenforceable and this has lead to an environment of lawlessness and disrespect for the rule of law and those who are sworn to enforce it.

I think the court in Utah did the right thing, especially from the point of view regarding rules of evidence, or more specifically evidence of a crime (sic). In the end, "I smelled pot" is nothing more than hearsay. Unless you can bring that smell into the courtroom. Of course if you did that, well, ummm, sounds like a good idea for 'Reno911.'

Good for the Utah Supreme Court. Marijuana possession should not be a crime. Nor the use of it. However, in the case of driving under the influence, it should be a crime. But, hey. Leave me alone. I am not hurting anybody by burning a joint in my home and watching O'Reilly on Faux News.

I remember back in I think it was 1970 Dr. '___' Timothy Leary proved the law that made pot illegal was itself illegal. To get the stamp you needed the pot, to get the pot you needed the stamp. Therefor they could arrest you for having the pot when you went to ask for the stamp because you didn't have the stamp which was needed to have the pot legally but could only get the stamp if you had the pot on you. Of course they later made it illegal again.

Note of interest, GHWB had a pot program, gave it out to people legally, and some still do. One guy with bone cancer gets a tin of pot cigarettes every month and can smoke it anywhere he wants. He can stand in front of the capital and light up legally because the government gives it to him for his bone cancer.

Originally posted by Lexion
.
Can an odor be probable cause ? IMO, yes. They are trained to know the
smell of cannibas burning.



Just my 2 cent,
Lex

dude have you ever even smoked pot before?? has any of the opponents of the upholding of the 4th amendment based on the smell of weed ?????
how about cigarettes ? have you ever caught a whiff of a cigarette that has a seed in it??? it smells exactly like weed......and do you think that the police have a better nose training program than someone who smokes pot and cigarettes and can't even tell the difference??????
what's next? will i be arrested for having sex with a prostitute based solely on the smell of my balls?????
wake up and smell the weed you lame!!!

[edit on 21-2-2008 by ironman433]

First of all does anybody even know why it was made illegal? Look it up.

Second. If it was regulated like alcohol. Many dealers would be out of jobs. Unless they recieved the right to grow. This would also prevent all of our money from going to other countries and evil Drug dealers.

Third. Would it be easier for a teenager to get pot when it's legal rather than illegal? No not really. If they did it would come out of a gaurdians stash. If the gaurdian is a good person than we know for sure they don't have any dangerous drugs lying around.

Fourth. I've talked to many people that do other harsher drugs. They all say doing pot cancels out their high and that's why they don't smoke it. While pot smokers know it's just to dangerous to do those other drugs.

Fifth. Your older releative gets cancer. Goes in for Chemo. Doctor prescribes Pot to help with eating problems and pain. Would you want your grandma being arrested because of her meds. Cops smell pot at your grandma's house. Two days later raid her house. Imagine the possible outcomes from that.

All I'm saying is read up on it before you judge us.

After reading most of the thread I am left wondering one thing.

How is it that as an "occasional" user of pot and also being a resident of Utah, that I have never heard of this ruling until perusing this post?

The thread seemed to veer off course into a debate about all manner of legalities, I'm wondering what was the final outcome of this ruling? What is the current state of Utah law regarding this issue today?

Pardon my ignorance, I tend to follow world events much closer than that which is happening closer to home....could someone please bring me up to date regarding how this ruling currently stands?

reply to post by shots


Shots, respectfully, who are you to decide what is right or wrong for me and others? I don't want all the bars, liquor stores and beer distributors around because more people die from alcohol related events than have ever died from doobage. So all that should be illegal... cigerettes too... hmmm... what else... do we just keep adding on to the list?

Are we not, as adults, able to make informed decisions for ourselves? I don't drink and drive b/c I don't want to kill myself or someone else. I will smoke out and go for a drive... one, I'll never be able to get close to being as impaired from pot, as one can get with alcohol... and two, I don't really mind if I drive 10 mph below the speed limit or miss my turn. I'll eventually get there and can always turn around. One cannot undo a fatal drunken car wreck. It's no accident being drunk.

BTW -- try to find me one -- JUST ONE -- documented/proven case of someone dying from using marijuana. And, please, don't give me a study on monkeys where they basically 'gassed' them by not allowing them oxygen without pot smoke nor refer to people being shot and killed in the drug world. If legalized, that world would not exist.

The "War on Drugs" has been a failure and a farce since it's inception. It's nothing more than a money making scam for one gov't agency or another. I agree that not everything should be legal... but of everything available of the "recreational drugs," marijuana is undisputeably, by far, the safest. And, no... no studies needed for that, except giving you my experienced word on that... how experienced are you with knowing first hand what the effects of these and other drugs actually are? (I didn't think so). So don't condemn what you don't know.