This has probably been suggested but I have not seen the discussion on it. First, I am not a pot smoker any more(did it when I was younger). Makes me tired, my mouth dry and makes me think weird stuff. But I think it is a waste of money to put dope smokers in prison. They are not hurting anybody. But then again alot of people don’t want it legalized either.
So why not just make it like a $500-1000 fine for possession of less than 2 ounces.(like an expensive speeding ticket) This would greatly reduce prison population problems and free up the court system. They(dea and local law enforcement) could use the fine money to wage a bigger war on the bad drugs.
This way everybody wins. The cops because they get more money put in there war chest. The pot smoker because even $1,000 is alot cheaper than a lawyer and they just get a citation instead of spending the night in jail. The people that don’t like pot because it will still be illegal. The only people that lose are the criminal attorneys (who cares?)
I dont’ know where you are at, but in most places have less than an ounce is only punishable by a fine. An ounce or more indicates an intent to distribute.
I don’t think it is just a fine. It is usually a class b misdemeaner which means you need a lawyer(2-3 grand)and probabation for at least 6 months. Plus the offender still spends the night in jail. Tieing up cops time of busting the smoker hauling them to jail instead of gaurding our homes. It doesn’t take that long to write a ticket for weed.
Anyone who is charged with misdemeanor pot possession should secure legal representation IMMEDIATELY!
A half-way decent lawyer will get a fine in most jurisdictions, provided it is a first offence and the amount was not, say, just under an ounce but in a bunch of dime & nickel bags!
Well, I can think of one can of worms that will definitely be opened up here: disproportionate impact. Since minorities are on average poorer than whites, it will be argued that such a system is intentionally discriminatory. The same argument was floated due to the disparity between sentencing laws regarding crack cocaine (cheap and used primarily by minorities) and powdered cocaine (more expensive and used primarily by whites.) Guess which one had the more severe sentence?
Although I remember hearing the arguments about this, I cannot recall how it played out eventually. However, a fine would also mean that the rich could smoke as much as they want, while the poor folks faced horrible consequences if they smoked.
All this notwithstanding, I think that it should be legalized, not merely decriminalized, but that would at least be a step in the right direction.
In the U.K., possession is most likely (although not always) to be dealt with by a fine. Occasionally, a warning without taking the case to court is considered sufficient. Or the old bell, book and candle, of course. Cultivation or possession with intent to supply is dealt with more harshly. Unfortunately, the laws seem to be in a bit of a muddle about this. For instance, I know someone who, back in 1983/84 or so, received only an “admonishment” for a bit of domestic cultivation.
Lets face it is not fair the way it is now. The rich can always afford better lawyers than the poor can. At least the minorities won’t have to do any jail time anymore. This is a fairest way to do it short of making it percentage of monthly income like 15 to 20% with a minimum of $500.
Lets go calculate what a current possession charge cost now. Let’s say 3k(a low figure) for an attorney. Another 3 to 4 hundred in court cost, bail and fines. That comes up to about 3,500 for weed possession right? You would have to make 17,500 to for that to be 20% of your income.
Where say like a lower income person making 1200 a month it would just be a $240 fine(that is less that the current court cost for post possession). Now you see?
If a person makes $1200 a month, I guarantee you they don’t have $240 available for an arbitrary fine amount.
My attorneys do pot possession cases- the average cost is about $250 (depending on the client’s means), because it only takes about 25 minutes to do, TOTAL, including court time.
Any attorney who is charging $3K for a run-of-the-mill pot possession case has a fool for a client.
Bottom line, if you can’t afford to get caught, you can’t afford to smoke. Sorry.
Up until maybe 10 years ago, in Ann Arbor, getting caught with an ounce or less was a $5 misdemeanor. I don’t live there anymore, but shortly before I moved, it was raised to $25. I don’t know if they’ve raised it since, but my guess is that they haven’t.
Bill- quote the whole line- “depending on a clients means” mean just that.
In CA- less than one ounce, first offence, is only an infraction. Over one ounce, same circumstances, is a misdemeanor.
And guess what Bill- it’s a ticket and a fine! It is purely at the officers discretion if feels an arrest is in order. If it was a person with your attitude, he would probably arrest you.
Some more bad news- if you happen to get caught in your car, it can be considered “transporting”, even if it’s not for sale. That makes it YEARS, not just $.
But first offenders in CA can do marijuana diversion class- 8 hours & it’s off your record if you behave.
I’ll have to check, I’d be really pissed if 1 oz. was automatic intent to distribute in my state (Texas). I frequently have that much or more delivered to me, so I don’t have to get more for a while. I never sell, I never transport.
Actually, I think 4 oz. is where they draw some lines here, in the police reports they frequently list someone as being in possession of less than 4 ounces, I don’t think I have seen smaller amounts mentioned.
First of all, the number of Marijuana possession charges that lead to jail time are relatively few.
Most cops in Texas at least, will just make you dump the bag out on the side of the road.
People who go to jail for marijuana possession tend to have a large criminal history, and the cops mainly throw them in jail to keep them off the streets.
The rule as I have always found, is that if you have any more than one ounce of weed, and it’s either:
broken up into a million little baggies
or
you have a million little baggies on you
It is considered intent to sell or distibute, anything else is just possession (which means jack).
Let’s face it, marijuana possession never has, and never will be a serious legal offense. ** The idea that our prisons are overflowing with convicts whose only offense is possession of grass is absurd. **
Moreseo, most cops who find known criminals with possession of marijuana or drug paraphanelia will use that evidence to search their car and usually find more illegal things to send them to jail with.
Most cops with any sense don’t write tickets or fines, or make arrests on poor people who are just smoking weed and have little or no criminal history.
Cultivation or possession with intent to supply is dealt with more harshly. Unfortunately, the laws seem to be in a bit of a muddle about this. For instance, I know someone who, back in 1983/84 or so, received only an “admonishment” for a bit of domestic cultivation.