35 Year Sentence for 4oz of Pot: Reasonable?

Well I am very anti Drug but this seems to be entirely out of perspective. The three strikes and you are out rule seems like another of those kneejerk "simple answers for simply people" rules.

I wonder why he did not receive some kind of psych evaluation?

With such an extraordinaryily harsh sentence was this explained by the Judge's summing up? Do Judges still sum up?

Finally I cannot help but think if you can't do the time don't do the time - harsh that it seems.

Amidst all of my questions and thoughts I still would not have dealt with the guy so harshly when htere are worse crimes around...

reply to post by breakingdradles


I think the problem here is that a Texan drug law is being compared to a non-Texan murder law.

In Texas, you can be put to death for murder, a much harsher penalty than other states and countries.

As is their drug laws it seems.


I have to add as well, if you think the drug laws in Texas are harsh, go over to somewhere like Indonesia and see how they handle people caught in possession of drugs.

With two priors that were 21 and 23 years ago, they should not be admissable in any court, as far as I am concerned.

1,000 metres from a day care centre means he was 1 kilometre away.. that's over half a mile folks so any law about drugs near childcare centres, etc, was unecessarily used against him. (?)

More than likely he was dealing, the scales and baggies are a give away to anyone with eyes. And the fact that he pleaded not guilty is the thing that annoys me. What happened to taking responsiblity for our actions? Losers like that do annoy me.

The sentence is far too much given that white-collar crime hurts far more people and are dealt with more leniently than most other crimes.

Here is another piece of insanity from my own country's laws:- What we call Chop-chop.. home grown tobacco.. has a much stiffer penalty than growing Weed at home. Why? Because it is seen as tax-evasion and so the fines and time are far heavier.

Go figure huh.

reply to post by TheComte


Listen....the conservative government in Canada love Texas law.

For some odd reason we have now an even more extreme party in Canada known as the Wild Rose Party which I would equate with NAZI Germany nationalism.

They want to bring harsh penalties for growing even one plant.


For the life of me I cannot see the logic in many of the "new" conservative movements are gaining so much ground in Western Canada.

I often wire up telephone and computers for different organizations.

Here in Saskatchewan we have the Saskatchewan Party in power.

When I was wiring up a phone system a couple of years ago for the party before the election they prayed...good...but they bound the devil whom they felt was in charge of the NDP party.

I laughed. WTF are these stupid assholes running for government when they think that they are running against the devil.

After prayer this hideous women lit up a smoke and barked out instructions to the other SASK party members,

They, the Saskatchewan party are in power now. And the lady who lit up the cigarette was outside the Delta Hotel the other night with other big wigs from the Sask party and she was yelling at protesters nearby...I want to golf..in response to protesters who are pro Sask Health-care.

These are the people that run the country. Insanity.

reply to post by Tayesin


1000 feet.

300 metres.

I am from the netherlands.

Where weed or pot is allowed.

I believe that this man is allowed to go free.

Although I am against coc aine and I do not like the thought that he is dealing coc aine. He has already been convicted for it. Still believe that it is peoples own decision to use coc aine just like deciding to smoke pot.

Being arrested for the third time for some harmless marijhuana even if he was dealing I find utterly useless and misguided and corrupt. I do not find it responsible to expose children to drug use because I find it an activity for grown and semi grown ups alone. Then again I have smoked pot 500 ft from a school for small children they did not see me they did not know what I was doing. I did not walk up to a group of small children and encouraged them to try it. I believe this guy did not do such things either.

The only thing wrong with marijhuana is that it is addictive if abused like cigarets and alcohol. Those who are saying it is bad for your health, can be true if you are addicted. Used recreationally it can do no harm unless you have a mental illness of some sorts that makes you volatile under influence. Alcohol is worse. Then their are the benefits. I have never seen a stoned person get aggressive.

Giving him a 35 year sentence. pheeewww No offence to the sane citizens but Texas is crazy. I really wonder how many of you now view me as a criminal. Because I use pot recreationally sometimes smoking on a cool sunny day in the park?

Originally posted by CX
Do people who use drugs for personal use always have a set of scales on them, just incase they give themselves just a tiny bit too much in that joint?

That could be exactly what it is.

I bet when you receive your percocet, it comes in milligram doses. Correct?

Then the pharmasists must be dealing.

Originally posted by winterass
I hate drugs and its users, i think hey are all scum, but jailing them is just stupid, give him a fine and that's it.
[edit on 9-3-2010 by winterass]

I'm sure they really like you, too.

Better idea, how about leave them alone completely unless they actually do something like commit a real crime.

reply to post by CX


The most anti drug person on the planet, yet your avatar is a poppy ;')>?

To the posters against drugs - I hope you are aware that humans have used psychedelic mushrooms for thousands of years and are thought to be a major part of our evolution as a species, for even longer!
But I also admire your choice. Spiritual or almost any other sort of development does not require any drugs, it only requires yourself, although dipping your toes in the pool can sometimes provide a boost or a hinderance, sometimes it can also be really fun.

www.a1b2c3.com...
www.archania.org...

"Using unusually rigorous scientific conditions and measures, Johns Hopkins researchers have shown that the active agent in “sacred mushrooms” can induce mystical/spiritual experiences descriptively identical to spontaneous ones people have reported for centuries."
www.hopkinsmedicine.org...

drug 1   /drʌg/ Show Spelled [druhg] Show IPA noun, verb,drugged, drug·ging. –noun 1. Pharmacology. a chemical substance used in the treatment, cure, prevention, or diagnosis of disease or used to otherwise enhance physical or mental well-being. 2. (in federal law) a. any substance recognized in the official pharmacopoeia or formulary of the nation. b. any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals. c. any article, other than food, intended to affect the structure or any function of the body of humans or other animals. d. any substance intended for use as a component of such a drug, but not a device or a part of a device. 3. a habit-forming medicinal or illicit substance, esp. a narcotic.

dictionary.reference.com...

By those definitions we could include coffee, alcohol, tobacco, almost anything mind altering.

Pot has killed zero people in human history, yet this guy is locked up for 35 years? He had coke; well coke I don't think is a terrifically smart drug to do but throwing people in prison does not solve the problem. Dealing around a school seems like an easy charge, in what could be many innocuous situations where alleged dealer is travelling elsewhere.

Is the system designed for justice or profit?

Originally posted by Chadwickus
reply to post by Tayesin

 

1000 feet.

300 metres.

Thanks for the reminder to get a new prescription for my glasses mate.

300 metres is close enough to a school, but a day care? Surely no one would deal at a day care centre?

Firstly... I do not smoke... full stop! Now let me say:

Pot laws are draconian. There are far worse drugs out there that are completely legal... such as alcohol. Alcohol destroys millions of lives a year... as do cigarettes and dodgy drugs approved by the FDA.

Health problems from Alcohol and Cigarette's tie up hospital beds, raise health insurance premiums for everyone else and they also raise taxes to pay for government sponsored health care.

How many people kill or die from alcohol fueled violence every year? How many people die or kill from DUI every year? Legal aid anyone? Who pays for that? Incarceration? Who pays for that?

Can we say the same of pot?

The only reason there is crime surrounding pot is because it is outlawed. It's pushed into the back streets. Normal everyday people who don't mind a harmless joint are forced to interact with unsavory people... people selling worse drugs. That's why pot becomes a gateway to harder drugs. Draconian laws force everyday people into bad situations.

Decriminalize and the unsavory aspects will fade away. Dealers of weed will disappear rapidly.

Holland has the right approach. A mature and realistic approach. It works!

What's pots biggest problem? Anyone can grow it! The government cannot tax it like cigarettes and alcohol. People may turn away from big pharma in favor of natural pain killers and relaxants. No wonder it's illegal.

IRM

reply to post by endisnighe

Maybe try to get picked for a trial where you do not believe in the case. Such as this.

That is not how a jurry trial works, the jurrors are instructed to make an obective decision based on the evidence shown to them. They do not decide if the law is enforced or not they make their decision on "was the law broken and did this guy break it" , not "that law is dumb so not guilty".

This would be the guys third fellony conviction , it is not like he was a first time offender that was a "victim of the system". Repeat offenders get stiffer sentances in every state and remember this is texas we are talking about here.

reply to post by CX


Actually yes, users will carry scales so when they purchase their drugs they can make sure they are getting the proper amount for their money. It's very common.

Never mind...I read the article...he was within 1000 feet of a school

While I find this kind of punishment a total waste of tax payer money...folks need to remember the law and "play by the rules" until this stuff is decriminalized.

On a side note...I have a feeling that Obama want's to decriminalize this stuff...but won't.....imagine the ridicule if he did....first black president...you can see where my point is going...

[edit on 9-3-2010 by Aggie Man]

reply to post by Aggie Man

There must have been extenuating circumstances that acted as a multiplier for his conviction. As it currently stands, this is the penalty in TX for possession of varying amounts:

Yeah there is he was caught near a day care and this is his 3rd fellony.

Ok, so the sentence was based on prior offenses, the day care and the fact that he had digital scales.

This means he had intent to sell, so they probably charged him with trafficking.

Stupid dealers get caught.

~Keeper

Ok, this has got me thinking...and I'm sure this has been covered before...BUT...

So, let's say that an individual in TX went to California (where medicinal marijuana is legal) and obtained a Rx for the stuff...then went home to TX and was "busted". Would the individual be protected by the Full Faith and Credit Clause (a.k.a. Article IV, Section 1 of the US Constitution)?


Full Faith and Credit Clause

While i am pro drugs(all of them) and i think neither the state or any "anti-drug" folks have any right to dictate to another person what they can consume given it does not harm anyone else while under the influence. For the time being marijuana is illegal and driving about with 4oz is not wise, it is not very likely you will get caught but there is always the chance like this guy has found out. The sentence is still ridiculous but as of right now you need to be cautious or be ready to face the consequences of your actions. 35 years for possession of a plant, what a surreal and crazy world we have created.

[edit on 9-3-2010 by Solomons]

reply to post by Aggie Man


That is a red herring and has no relation to the topic at hand but i will answer.
No, you cannot get a prescription for pot in california and trasport it accross state lines. You can't even board a plane with medical pot in california as it is federal The full faith and credit clause is meant to uphold judgements in other states not prescriptions.

Originally posted by zaiger
reply to post by Aggie Man

 

That is a red herring and has no relation to the topic at hand but i will answer.
No, you cannot get a prescription for pot in california and trasport it accross state lines. You can't even board a plane with medical pot in california as it is federal The full faith and credit clause is meant to uphold judgements in other states not prescriptions.

Red herring? Well, my intent wasn't to divert. I wasn't talking about transporting the pot itself, merely the Rx for the pot.

BTW, the Full faith and credit clause is meant to uphold public acts and records in addition to judicial proceedings.