# "If Brittney Griner had been caught in some America states she would have gotten a higher sentence"

**URL:** <https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106>\
**Category:** In My Humble Opinion\
**Created:** [August 4, 2022, 5:44pm UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106 "2022-08-04T17:44:14Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\
**Post date:** [August 5, 2022, 11:21pm UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/21 "2022-08-05T23:21:18Z")

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> [@jnglmassiv](#):
>
> Those cartridges contain very strong distillate. It might be enough to be considered for trafficking or intent to distribute felony charges

For 0.72 grams in two cartridges, at least one partially used? I’d have to think that any DA that tried to bring a trafficking charge against someone for that amount would have a pretty high likelihood of ending up in the judge’s private chambers getting a stern lecture about wasting their time.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [August 5, 2022, 11:27pm UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/22 "2022-08-05T23:27:07Z")

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You are correct, of course. While some would claim this gives her “special treatment” and hold it against her, I think it shows that we aren’t doing enough to bring poor black women up to what _should_ be the norm, and I blame the still broken system, not her.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [August 5, 2022, 11:30pm UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/23 "2022-08-05T23:30:34Z")

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Moderating

> [@nearwildheaven](#):
>
> And she’s female, and lesbian on top of it.
> 
> Four protected classes, what’s not to love?
> 
> My own opinion?
> 
> [https://memegenerator.net/instance/27349190/idgaf-this-is-me-not-giving-a-shit](https://memegenerator.net/instance/27349190/idgaf-this-is-me-not-giving-a-shit)

This is a thread shit. If you don’t care, don’t post in the thread. In particular, please don’t post again in this thread.

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**Author:** ![jnglmassiv](https://avatars.discourse-cdn.com/v4/letter/j/f07891/32.png) [@jnglmassiv](https://boards.straightdope.com/u/jnglmassiv)\
**Post date:** [August 6, 2022, 12:45am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/24 "2022-08-06T00:45:11Z")

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From Wikipedia ([Cannabis in South Dakota - Wikipedia](https://en.wikipedia.org/wiki/Cannabis_in_South_Dakota)):

> South Dakota has one of the harshest cannabis laws in the United States. Possession of any amounts of [edibles](https://en.wikipedia.org/wiki/Cannabis_edible), [hash](https://en.wikipedia.org/wiki/Hashish), and [concentrates](https://en.wikipedia.org/wiki/Cannabis_concentrate) is a Class 4 [felony](https://en.wikipedia.org/wiki/Felony), punishable by up to 10 years in prison and a fine of up to $20,000.

> [@Tamerlane](#):
>
> For 0.72 grams in two cartridges, at least one partially used?

How much is .72 grams of distilled oil equivalent to in the raw vegetable product? I can’t claim any expertise in any of this but the bar for felony possession can be as low as half an ounce (Tennessee) and is 30 grams in a few other states. I’d guess most states with hard bans have some kind of equivalency table to convert concentrated products to green grass weights and they get to pick the potency.

[https://www.findlaw.com/state/criminal-laws/marijuana-possession-laws-by-state.html](https://www.findlaw.com/state/criminal-laws/marijuana-possession-laws-by-state.html)

Sidenote: I’m surprised Montana allows recreational.

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**Author:** ![Banquet\_Bear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/banquet_bear/32/373_2.png) [@Banquet\_Bear](https://boards.straightdope.com/u/Banquet_Bear)\
**Post date:** [August 6, 2022, 1:14am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/25 "2022-08-06T01:14:33Z")

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> [@Rick\_Kitchen](#):
>
> They’re in prison, not a camp.

…its called the [Prison–industrial complex](https://en.wikipedia.org/wiki/Prison%E2%80%93industrial_complex), America locks up more people per capita than anywhere else in the world (including Russia) and prison labour is a [multi-billion dollar](https://www.npr.org/transcripts/884989263) industry.

You might not call them “labor camps.” But lets not pretend that its anywhere less evil. As the NPR report points out: it’s “been a part of the U.S. economy since at least the late 19th century” and is explicitly allowed because of an exception to the constitution.

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**Author:** ![eenerms](https://avatars.discourse-cdn.com/v4/letter/e/cdc98d/32.png) [@eenerms](https://boards.straightdope.com/u/eenerms)\
**Post date:** [August 6, 2022, 1:14am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/26 "2022-08-06T01:14:54Z")

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I think she wouldn’t be charged but fined anywhere is the US… but she was in Russia or if she was any Middle Eastern country it would have been worse. The Inept Biden administration is trying for a swap for her and a Us Marine for psychotic arms dealer. After Biden called Putin a war criminal and pariah, it’s a hard sell. Hope they work n it though.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [August 6, 2022, 1:39am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/27 "2022-08-06T01:39:23Z")

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> [@eenerms](#):
>
> I think she wouldn’t be charged but fined anywhere is the US… but she was in Russia or if she was any Middle Eastern country it would have been worse. The Inept Biden administration is trying for a swap for her and a Us Marine for psychotic arms dealer. After Biden called Putin a war criminal and pariah, it’s a hard sell. Hope they work n it though. ⁢

Biden is inept for telling Putin the truth? He is a pariah: most of the world wants nothing to do with Russia now. And he did legally commit a war crime when he attacked Ukraine.

I’m also unaware of anyone who thinks you have to kiss up to a war enemy to get a prisoner exchange. It’s war. You’re not supposed to like each other.

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**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\
**Post date:** [August 6, 2022, 6:59am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/28 "2022-08-06T06:59:54Z")

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> [@Asuka](#):
>
> …but also worst case scenario?

Worst case? Shot in the back while “resisting”.

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**Author:** ![mordecaiB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mordecaib/32/7725_2.png) [@mordecaiB](https://boards.straightdope.com/u/mordecaiB)\
**Post date:** [August 6, 2022, 8:02am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/29 "2022-08-06T08:02:03Z")

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Was she charged just with possession? Most of the articles I saw mentioned smuggling as part of the crime. I’d guess smuggling charges in the US would depend on the amount smuggled. I can’t imagine anyone in the US getting nine years for such a small amount.

Also, “smuggling” begins to look really weird after you type it a few times.

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [August 6, 2022, 10:50am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/30 "2022-08-06T10:50:42Z")

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> [@Little\_Nemo](#):
>
> In three decades of experience working in prison, I never saw anyone who was sentenced to prison for a single possession of marijuana. People who were serving sentences for drug crimes either were involved in selling drugs, had multiple repeat arrests for drug possession, or were sentenced for drug charges along with other charges like theft.

Actual practice can differ from theoretical maximums. In my jurisidcition, criminal damage can be a sentence of up to14 years in prison, but in almost all cases, its usually a fine and restitution.

What would her sentence have been if she hadn’t been an American athlete in Russia, but Borislava Gadghieva store assistant from Novosibirsk, who had been caught with a similar amount of drugs.

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**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\
**Post date:** [August 6, 2022, 11:43am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/31 "2022-08-06T11:43:44Z")

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Anyone know what the punishment would be at the Federal level? Since she was caught upon entering the country, let’s assume that she was caught by ICE, customs, or whatever is at the airport. Maybe the equivalent US situation would be a federal crime for smuggling or trafficking, or even federal possession (is that a crime?).

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**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\
**Post date:** [August 6, 2022, 5:12pm UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/32 "2022-08-06T17:12:18Z")

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> [@RitterSport](#):
>
> Maybe the equivalent US situation would be a federal crime for smuggling or trafficking, or even federal possession (is that a crime?).

It’s harsh. [First offense is up to 5 years/$250k fine for under 1 kg of hashish oil](https://www.iwu.edu/counseling/Federal_Drug_Laws.htm). Would they prosecute for less than 1 gram + a doctor’s note and then give the maximum? In the 1960’s absolutely. In 2022 with a minor celebrity? I have my doubts, but the possibility certainly exists.

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**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\
**Post date:** [August 6, 2022, 9:23pm UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/33 "2022-08-06T21:23:48Z")

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Ouch! Thanks for the info.

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**Author:** ![eenerms](https://avatars.discourse-cdn.com/v4/letter/e/cdc98d/32.png) [@eenerms](https://boards.straightdope.com/u/eenerms)\
**Post date:** [August 8, 2022, 2:00am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/34 "2022-08-08T02:00:58Z")

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US law isn’t Russia law. She shouldn’t have gone considering the international climate.

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**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\
**Post date:** [August 8, 2022, 4:28am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/35 "2022-08-08T04:28:04Z")

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> [@eenerms](#):
>
> US law isn’t Russia law. She shouldn’t have gone considering the international climate.

Of course to the first and I somewhat agree as to the second. I wouldn’t have risked it and if I did I would have been damn sure to mind my P’s and Q’s.

But I get. This was her primary source of income, she was used to being pampered by her team and being somewhat insulated like that may not have been as careful and cautious as she should have been. Remember this was before the invasion in Ukraine, when most folks though Russia was just posturing and she was not the only WNBA or former WNBA player there (Courtney Vandersloot, Allie Quigley, and Jonquel Jones were all on her team). The rest got out after the invasion, but Griner had already been detained on her way in and was stuck.

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**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [August 8, 2022, 8:18am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/36 "2022-08-08T08:18:33Z")

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> [@eenerms](#):
>
> US law isn’t Russia law. She shouldn’t have gone considering the international climate.

She had been playing on a Russian team for seven years to supplement her WMBA paycheck. This wasn’t the first time she went to Russia, and she wasn’t going as a tourist but a paid athlete. She also had no way to know Putin was about to invade Ukraine.

That said, given her experience of working/living in Russia, she should have packed very much more carefully. But she’s hardly the first person to make the mistake of bringing something legal in one country into another country where it is not legal.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [August 8, 2022, 8:40am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/37 "2022-08-08T08:40:07Z")

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If she actually made that mistake at all.

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<div class="post-metadata">

**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [August 8, 2022, 8:53am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/38 "2022-08-08T08:53:30Z")

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I think her “I was in a hurry and didn’t carefully check/clean out the backpack before stuffing my clothes into it” (paraphrase) to be a plausible scenario.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [August 8, 2022, 8:56am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/39 "2022-08-08T08:56:12Z")

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> [@Broomstick](#):
>
> I think her “I was in a hurry and didn’t carefully check/clean out the backpack before stuffing my clothes into it” (paraphrase) to be a plausible scenario. ⁢

It makes far more sense than doing it intentionally, for the exact reasons people keep bringing it up.

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**Author:** ![Novelty\_Bobble](https://avatars.discourse-cdn.com/v4/letter/n/a3d4f5/32.png) [@Novelty\_Bobble](https://boards.straightdope.com/u/Novelty_Bobble)\
**Post date:** [August 8, 2022, 9:43am UTC](https://boards.straightdope.com/t/if-brittney-griner-had-been-caught-in-some-america-states-she-would-have-gotten-a-higher-sentence/969106/40 "2022-08-08T09:43:25Z")

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> [@Broomstick](#):
>
> She had been playing on a Russian team for seven years to supplement her WMBA paycheck. This wasn’t the first time she went to Russia, and she wasn’t going as a tourist but a paid athlete. She also had no way to know Putin was about to invade Ukraine.

Seven years ago we all had plenty of knowledge about what exactly the Russians were up to and capable of.  
If that is the sort of country you want to work for, go for it but she had a choice not to take their money and not run the well known risks of their judicial system.  
I’m no international figure or a paragon of world peace but I refused to work in both Russia and the middle east because of ethical and personal safety reasons. It certainly cost me a lot in both monetary and promotional terms.

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