Professional Documents
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Bbrosn 01
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In the name of Truth, Justice and the American Way
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(not mention lime green buds, extra fat doses, and a case of Beck's)
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INJUSTICE FOR ALL
a guide to US pot laws
by Judy McGuire
text entry by Major Havoc
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this article originally appeared in HIGH TIMES, May 1989
In a hearing held last September, DEA chief administrative law judge Francis
L. Young declared marijuana to be "one of the safest therapeutically active
substances known to man." Citing reliable medical authorities, Young stated
that "There are simply no credible medical reports that suggest that consuming
marijuana has caused a single death." Young went on to say, "By contrast,
aspirin, a commonly used medicine, causes hundreds of deaths each year."
Despite Judge Young's ruling that pot is safer than aspirin, thousands of
Americans are persecuted, prosecuted, harassed and jailed each year because of
the stigma attached to this relatively harmless drug. The recent passing of
the Omnibus Anti-Drug Bill marks the climax of the anti-drug hysteria that has
been building for the last eight years. And with the ultra-conservative Bush
administration taking over, things don't look as if they'll be improving
anytime soon.
STATE BY STATE
Leaving the new Omnibus Anti-Drug Act and all other federal laws aside,
individual states still have widely varying statutes regarding the possesion,
cultivation, and sale of marijuana. What will get you one year in Tucson, may
only get you a small fine in Toledo. Some states, like Oregon, are very
lenient when it comes to possesion, but watch out if they nail you for growing.
Even one plant can get you a 20-year sentence and a one $100,000 fine! The
discrepancy between laws of different states is confusing, to say the least.
Alabama, Alaska, Arkansas, Colorado, Maine, Maryland, Massachusetts, New York,
Oklahoma and Oregon are states that distinguish, and give lesser penalties for,
persons caught with small amounts deemed for "personal use" in private. The
same amount used or displayed in public reaps a harsher penalty. North Dakota
and Mississippi both have provisions in their laws for marijuana found in
vehicles, making possession violation much more serious; both states change a
fine into possible jail time. New Jersey has a two-year loss of driver's
license provision attached to its already stiff possession penalty.
Quite a few states, Arizona and New Jersey among them, doubled the penalties
On the other hand, it's very possible you might have to spend the rest of
your life in jail if you're caught cultivating or selling large amounts of weed
in Montana, Missouri, or Nevada.
Although it's not quite a life sentence, Arkansas, Connecticut, Oregon,
Florida, Louisiana, Virginia, Rhode Island, Texas, Oklahoma, Mississippi and
North Carolina slam the large scale grower/salesperson with a possible 30-year
incarceration. North Carolina's law has a new mandatory minimum sentence of 35
years for possession, sale, or cultivation of over 10,000 pounds.
FORFEITURE
Many states have forfeiture provisions written into their drug laws, making
properties attached to the drug offenders liable to seizure by the state. On
the federal level, the US Customs Service's "Zero Tolerance" crackdown, netted
the service a fleet of luxury yachts in the lsat year. The ever-zealous Coast
Guard, which can seize boats found to be carrying even the smallest amount of
drugs, confiscated one unlucky man's yacht after finding a few seeds and two
stems on board. Possibly the most famous case of boat seizure came when the
infamous "Monkey-Business" -- the "love boat" of would be presidential nominee
Gary Hart and paramour Donna Rice -- was impounded after the Coast Guard found
one joint on it. Only after paying a hefty fine was the vessel returned to its
owners.
Forfeiture provisions are not limited to boats. The Federal government can
seize property involved in any kind of drug activity. In Illinois, the Justice
Department seized a suspected drug-dealer's gas station. They later returned
the property to his widow after discovering that the business came with an
outstanding $125,000 bill from the Illinois Environmental Protection Agency for
emergency cleanup. A Florida man, arrested by the US Border Patrol with a
small amount of marijuana and more than $400,000 cash in his car, wound up being
with possession of less than one ounce of marijuana -- a charge which was later
dismissed -- but ended losing his bankroll. Government prosecutors deemed that
the money should be forfeited because the man was allegedly on his way to
purchase a large amount of marijuana -- a charge he denies.
After stopping a car for a routine traffic violation, a Florida Highway
Patrol trooper confiscated $8,180 in cash when the driver could not give the
officer an "acceptable" explanation for carrying such a large wad. The cost of
litigation involved in small forfeiture cases often discourages the victim of
wrongful seizure from fighting the case in court.
State governments usually have different forfeiture guidelines for different
amounts and types of drugs. These guidelines include the forfeiture of drug
containers, cars, money, and other valuables. But in California and many other
states they can't seize your car if it's your family's sole means of
transportation.
Only 17 states currently have the same type of real estate forfeiture
provisions that are already written into Federal Law. This figure is sure to
change for the worse in the next few years, so that not only can the US
government take your home, but the local sherrif's department can join in the
bounty-hunt as well.
FLORIDA
Possession: Up to 20 gms: 0-1 yr & $1,000
20 gms-100 lbs: 0-5 yrs & $5,000
100-2,000 lbs: 3-30 yrs & $25,000
Over 10,000 lbs: 15-30 yrs & $200,000
Cultivation/Sale: Up to 20 gms: 0-5 yrs & $5,000
All other amounts: Same as penalties for possession
GEORGIA
Possession: Up to 1 oz: 0-1 yr & $1,000
1 oz-100 lbs: 1-10 yrs
100-2,000 lbs: 5-10 yrs & $25,000
2,000-10,000 lbs: 7-10 yrs & $50,000
Over 10,000 lbs: 15-30 yrs & $200,000
Cultivation/Sale: Up to 100 lbs: 1-10 yrs
All other amounts: Same penalties as for possession
HAWAII
Possession: Up to
1 oz-2.2 lbs: 0-1
Over 2.2 lbs: 0-5
Cultivation/Sale:
All other amount:
IDAHO
Possession: Up to 3 oz: 0-1 yr & $1,000
Over 3 oz: 0-10 yrs & $10,000
Cultivation/Sale: Up to 3 oz: 0-5 yrs & $1,000
Over 3 oz: 0-5 yrs: 0-5 yrs & $15,000
ILLINOIS
Possession: Under 2.5 gms: 0-30 days & $500
2.5-10 gms: 0-6 mos & $500
10-30 gms: 0-1 yr & $1,000
30-500 gms: 1-3 yrs & $10,000
Over 500 gms: 2-5 yrs & 10,000
Cultivation/Sale: Under 2.5 gms: 0-6 mos & $500
2.5-10 gms: 0-1 yr & $1,000
10-30 gms: 0-1 yr & $10,000
30-500 gms: 2-5 yrs & $50,000
Over 500 gms: 3-7 yrs & $100,000
INDIANA
Possession: Up to 30 gms: 0-1 yr & $1,000
Over 30 gms but less than 10 lbs: 0-2 yrs & $10,000
Cultivation/Sale: Same penalties as for possession
IOWA
Possession: Any amount: 0-6 mos & $2,500
Cultivation: Any amount: 0-5 yrs & $2,500
Sale: Any amount: 0-5 yrs & $10,000
KANSAS
Possession: Any amount: 0-1 yr & $2,500
Cultivation: Any amount: 0-1 yr & $2,500
Sale: Any amount: 1-10 yrs & $10,000
KENTUCKY
Possession: Less than 8 oz: 0-1 yr & $500
TENNESEE
Possession: Up to 10 lbs: 0-1 yr & $1,000
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