How can anybody involved in some aspect of criminal law not
have mixed feelings concerning the prosecution for the use of cannabis? The juxtaposition between a widespread casual
attitude yet potential for rigid punishment is frustrating and disheartening.
The inconsistency as to how the law is applied, as well as the hypocrisy
between attitude versus enforcement, is aggravating.
I’m hardly a pothead or big marijuana advocate. To me, weed,
is no different than pepperoni pizza, root beer, a Twix bar or any other guilty
pleasure; if I had some… well, whatever… if I never touched it again… whatever. It’s just not that big of a deal.
I grew up in the 1970’s where pot was common place. Anything
associated with counter culture or a modern, hip lifestyle inevitably had a certain
pot component. Most places that sold records also acted as “head shops”. Zig-Zag and Big Bamboo (rolling paper companies) tee shirts were as common as
the black rock concert tee.
You went to a party… weed was there;
Attending a concert… the arena wreaked of pot;
High school… the burnouts had their place and there was smokin’ in the boys’ room.
I would imagine that anybody under the age of 65 would have
been exposed to marijuana culture. If you grew up where there was a harsh winter,
you probably hung out in friend’s basements, converted attics or locked
yourself in bedrooms. And what was exactly going on there as you and your
friends spun Zeppelin, Floyd, the Stones and Jimi? Of course, that is a
rhetorical question since I have a feeling, I know exactly what you were doing.
I’m not saying marijuana is a positive for it is, indeed, a vice. However, so
are potato chips, soda, tobacco products and beer. “Marijuana, that’s a gateway drug, it will lead to worse
things.” Really? Don’t we all know
people who were characters, stoners, a bit on the crazy side…yet they grew up to
become successful business owners, professionals, community leaders, parents, etc. Don’t most people ultimately outgrow certain
vices since, as you age, you tend to lean towards the mainstream? I have seen certain potheads gravitate
towards more serious vices yet, perhaps, that was more indicative of an
addictive and self-destructive personality rather than from the actual herb
itself. I have seen the all-too-common
scenario of people inebriated on alcohol do very bad things while, conversely,
I’ve never seen anyone getting high develop a desire to do anything but eat
food out of the container and have a strong desire to watch anything that is
on television.
In most facets of today’s culture, marijuana has been pretty
much stripped of a taboo reputation and more relegated to a widespread, casual
attitude. Forget about movies aimed at
stoners, when mainstream flicks like “It’s Complicated” feature movie icon
Meryl Streep toking, it’s hard to say pot belongs to the counter culture…that
is as mainstream as you can get. Turn on
any pop radio station and you’re likely to hear many hip hop acts, The Beatles,
Bob Dylan, Tom Petty, and Miley Cyrus echo the sentiments of the population. These
are mainstream songs, played on mainstream radio stations where the topic is celebrated,
not condemned. Television shows like That
70’s Show, American Dad, Mad Men, Parenthood, and The Office couldn’t take a
more unabashed and informal approach towards marijuana use. Today, pot is a
subject matter that entertains us while the irrational days of the oft-lampooned
“Reefer Madness “are long gone.
In regard to criminal law; marijuana has had an evolution in the last 50 years. Whereas a joint may expose a person to just a
fine today, in the past that same amount may have triggered a lengthy prison sentence.
History should be a strong barometer for trends and trajectories. With the
midterm elections just concluding, and more States allowing either the medicinal
use of, or the legalization, the writing is certainly on the wall. Is it
inconceivable that personal use of marijuana, on a national level, will be eventually
decriminalized? [Excuse me, I have to take a break from writing this post
because I need to check my cannabis stocks and marijuana mutual funds.] Yes, decriminalization is only a matter of
time.
In the criminal justice system, a case that involves marijuana
use may be impacted by the individual ideologies of the players in power; the judge and
prosecutor. While I’ve seen some judges take the position that they will
never incarcerate over the personal use of marijuana, other judges do not echo such
sentiment. For some judges, they will
have no problem having marijuana act as the sole impetus for revoking a bond or
violating court supervision. Smoking a plant that grows in nature could result in incarceration?! prison?!
I have a problem with blindly just
following the law. History demonstrates that there have been some very
oppressive and evil laws on the books. Wasn’t
one of the recent constitutional amendments to get rid of obsolete provisions
within the constitution? Technically, it
is for the legislature to enact laws but some of the most dramatic,
game-changing themes have emanated out of judicial rulings (Miranda v. Arizona, Gideon v. Wainwright, Roe v Wade,
Brown v. Board of Education). Inapplicable and irrational laws need not be
enforced. As most of us were preached to
during our first year in law school, “the law does not operate in a vacuum”. Don’t
like that I’m a proponent for challenging laws? Kiss my grits, anti-black, anti-Jew, anti-women, anti-Latino, anti-immigrant …there
have been some horrendous laws on the books. If someone says “Jump!” to me, I would
hardly respond by saying “How high?” If the law is out of touch then somebody,
in a position of power, needs to have the guts to say something. This means
you…Judge.
A horribly unfair aspect of marijuana (that I never see addressed in
court) is that pot has the capacity to act as a poor man’s medication. How frighteningly out
of touch is the criminal justice system? The primary political issue facing our
country is access to health care. Moreover, at a
lower economic level, of course these unfortunates do not have appropriate health
care. However, no matter how much money may be in one’s bank
account, pain, stress and anxiety are universal. With so many taking a prescribed
medication to deal with stress, wouldn’t you think the less fortunate also want
something to take off that same edge? That is what marijuana is to some in economically
depressed areas; it is a low cost and widely available stress reliever. If a
white- collared defendant has an open criminal case and they are legally prescribed
Xanax to deal with their stress from the
consequences of their case, then that is okay. However, if a different type of defendant
(you know…poorer, darker) smoked pot (they have no insurance so they can’t get
Xanax or if they illicitly acquire
it, then they are subject to felony prosecution) to deal with the same stress, their
bond may be revoked. It’s maddening and,
in a way, is indicative of institutional racism and illogical insensitivity.
As there is a national trend towards the legalization of a possessory
amount of weed, then there must be a judicial interpretation that mirrors what
the attitude is of the public. If the
public doesn’t care about weed, then why are people having their lives ruined
over it? How common are acquittals on possession cases, not because there was a great defense but, quite simply, because jurors do not want to convict over the subject matter?
Sending somebody to prison,
over merely the use of marijuana, just because the law is on the books? “I was just following orders” is hardly an
acceptable justification when addressing morality. There can be a higher order
than what may be codified. The time has
come where violating a probationer over the use of marijuana is wrong, forcing
treatment programs for a non-addictive substance is antiquated, mounting forfeiture
actions over a joint is mean-spirited, revoking bonds (where somebody is
presumed innocent) over use can turn into is an obvious ploy to squeeze out a
plea and criminal prosecution is utter hypocrisy.
Outside of court, a casual attitude towards pot is almost
universal yet inside of court, it is hard to predict what will occur. One judge may admonish while another may
incarcerate…it shouldn’t be that way.
As the world is always changing so does the need for the
criminal justice system. Judges need to do more than call balls and strikes,
the lack of uniformity on this issue absolutely results in significant injustices.
Who wearing the robe will have the guts
to stand up and address this problem?
Two things Rumpole:
ReplyDelete1. God bless Jeff FEILER and Judge Loree FEILER. They entered the pot business world before anyone and navigated the system. They are now so successful and are at the top of the legalized Marijuana industry. On their way to billionaire status.
2. If you think that a teenagers abuse of marijuana can’t lead to horrendous consequences - go see the movie a “BEAUTIFUL BOY”. It will rip your heart open.
Itts use has subjective results. Some good. Some bad. See the movie.
EDIT.
ReplyDeleteScott OMG One word: EDITOR. Ok, a few words. Read what you've written and go back and try and cut it down so it doesn't feel like an assignment to read our fav blog.
ReplyDeleteMeanwhile, hysterical comments on Kenny's ipod playlst in previous thread.
Just remember that a friend with weed........is a friend indeed Q!
ReplyDeleteHow is the "strong smell of marijuana" still grounds for a search?
ReplyDeleteLove whoever wrote this. It is applicable to almost every area of the Law. Challenged a
ReplyDeleteshareholders access to books and records statute in Ohio; lower Courts has no guts, as you
say, but the Ohio Supreme Court grabbed the ball and said "access granted". Now, 12 years
later, the access still stands as the Legislature evidently has seen the need for the change!
Samuel Danziger
Love whoever wrote this. It is applicable to almost every area of the Law. Challenged a
ReplyDeleteshareholders access to books and records statute in Ohio; lower Courts has no guts, as you
say, but the Ohio Supreme Court grabbed the ball and said "access granted". Now, 12 years
later, the access still stands as the Legislature evidently has seen the need for the change!
Samuel Danziger