Possible life sentence for pot brownies

[chutem 0]

http://www.cnn.com/2014/05/05/justice/texas-rape-sentence/

Pot brownies a much more serious crime than rape in Texas it would appear.

[kallend 1,651]

Iago

Sir, step AWAAAAAAY from the cake pan!

So apparently using 'hash oil' in your recipe makes it hard to weigh the actual narcotic portion, so we'll just weight their entire baked good.

So, don't use a Duncan-Hines double chocolate-chunk if you're making pot brownies in Texas. You might get the needle.

Let's see, $57 a day is the average cost to incarcerate an inmate. 365 days a year for 60 years (he's 19) is $1.2 Million (with no increases in costs for 60 years).

Lesson learned? Move to Colorado.

“Five years to life? I’m sorry. I’m a law abiding citizen. I’m a conservative. I love my country. I’m a Vietnam veteran, but I’ll be ****ed. This is wrong. This is ***n wrong!” the father said.

I guess his conservative tune has changed now it's his ox being gored (to mix a couple of metaphors).

...

The only sure way to survive a canopy collision is not to have one.

[kallend 1,651]

chutem

http://www.cnn.com/2014/05/05/justice/texas-rape-sentence/

Pot brownies a much more serious crime than rape in Texas it would appear.

Hey, it's Texas. Could have been the needle.

...

The only sure way to survive a canopy collision is not to have one.

[freethefly 6]

Life in prison if you get caught making hash in Oklahoma.

"...And once you're gone, you can't come back
When you're out of the blue and into the black."
Neil Young

[JohnnyMarko 1]

Still strange to me that this is happening elsewhere while I can walk 2 blocks from my apartment and go to a store and buy the mary juanas as easily as milk n eggs.

[JohnnyMarko 1]

Iago

***Still strange to me that this is happening elsewhere while I can walk 2 blocks from my apartment and go to a store and buy the mary juanas as easily as milk n eggs.

Hey, we're trying. Unfortunately a large section of our economy is based on the 'War on Drugs' so it's a bit tough.

Since Colorado legalized pot will the Gov sign a blanket pardon letting all the petty pot criminals in Colorado out of jail with clean records so they can get on with their lives?

There is talk of it...I haven't done the hard research, but I can't imagine most people in jail for pot possession were busted for a small amounts or some brownies...my guess is people serving hard time likely had wayyyy too much before it was recreational/abusing medical cards, illegal grow operations, or multiple offenses...

So, with a couple people in jail for smoking in public or things like that, I doubt it is high on Hickenlooper's to-do list...

Again, I don't know for sure, just a quick reply.

[champu 1]

Better hope there is no traces of crack on any of the cash in your wallet. If your wallet weighs 100 grams that's a first degree felony and you face the same charges as in the OP. (if you have cash in your 100 g wallet then it more than likely has some amount of cocaine in it... but don't worry that's only a 3rd degree felony... unless they weigh your pants too...)

[Andy9o8 0]

freethefly

Life in prison if you get caught making hash in Oklahoma.

(a) Doctor, Doctor! it hurts when I do THIS!

(b) __________________________________ .

[Amazon 7]

freethefly

Life in prison if you get caught making hash in Oklahoma.

Gotta keep those Corporate Prisons filled ya know... downturns in profits from that and siezures of personal property to support the police state will not be tolerated!!!!

YOU WILL COMPLY or you will die

[Amazon 7]

champu

Better hope there is no traces of crack on any of the cash in your wallet. If your wallet weighs 100 grams that's a first degree felony and you face the same charges as in the OP. (if you have cash in your 100 g wallet then it more than likely has some amount of cocaine in it... but don't worry that's only a 3rd degree felony... unless they weigh your pants too...)

Simple solution.. never carry cash.

[champu 1]

Andy9o8

***Life in prison if you get caught making hash in Oklahoma.

(a) Doctor, Doctor! it hurts when I do THIS!

(b) __________________________________ .

"Life ... in Oklahoma."

[kelpdiver 2]

Iago

So apparently using 'hash oil' in your recipe makes it hard to weigh the actual narcotic portion, so we'll just weight their entire baked good.

that sort of misapplication of sentencing guidelines seems like a slam dunk on the appeals end. The outcomes are too irrational, inconsistent.

But already in Colorado it seems that the real threat of legalization has been not with the toking, but in the baked goods. It used to be said 'it is impossible to OD on pot,' much as is is very difficult to kill yourself drinking light beer - you can't consume it fast enough. But we're only a few months into 2014 and there have been multiple incidents around the baked stuff where you can easily overconsume, just as the drunk can shoot vodka much faster than any feedback from the body. (for those more knowledgeable on the subject, feel free to correct)

The initial talk is about standardizing portion sizes, but I wonder if the end result will be maximum sizes of no more than 2 (?) portions. Or an outright ban on the sale of prepared goods (think of the children!). For the other states that might consider following the lead of CO and WA, I expect the opposition to make hay with these problems, something they didn't really have from the medical pot era.

[JohnnyMarko 1]

kelpdiver

***
So apparently using 'hash oil' in your recipe makes it hard to weigh the actual narcotic portion, so we'll just weight their entire baked good.

that sort of misapplication of sentencing guidelines seems like a slam dunk on the appeals end. The outcomes are too irrational, inconsistent.

But already in Colorado it seems that the real threat of legalization has been not with the toking, but in the baked goods. It used to be said 'it is impossible to OD on pot,' much as is is very difficult to kill yourself drinking light beer - you can't consume it fast enough. But we're only a few months into 2014 and there have been multiple incidents around the baked stuff where you can easily overconsume, just as the drunk can shoot vodka much faster than any feedback from the body. (for those more knowledgeable on the subject, feel free to correct)

The initial talk is about standardizing portion sizes, but I wonder if the end result will be maximum sizes of no more than 2 (?) portions. Or an outright ban on the sale of prepared goods (think of the children!). For the other states that might consider following the lead of CO and WA, I expect the opposition to make hay with these problems, something they didn't really have from the medical pot era.

I've stayed away from the edibles, they scare the shit out of me....when I had friends in from out town, of course they wanted to go to the pot shop and load up...guy behind the counter told one of my friends about one of their candies...

"Yea I mean if you smoke a lot you can eat 2 or so, I guess"

He had 2 and got sick...I threw the rest away and gave him his money back.

The problem is they list THC amounts on the bottles of candy, but they are all approximate since recipes vary. This part of the system needs overhauled soon.

[Andy9o8 0]

Quote

that sort of misapplication of sentencing guidelines seems like a slam dunk on the appeals end.

Sorry to be the bearer of bad news.... While I agree with you that that ought to be the case - and a minority of Supreme Court justices would also agree with you/us, the majority of justices (thus far) have held that the inclusion of "mixture" agents, defined broadly, in the total weight of drugs for sentencing purposes, is permissible. On this basis, most trial courts have likewise taken the harsher analysis for sentencing purposes.

Here's one law review article (it's actually a "note", meaning it was written by a law student) that describes this in some detail: http://assets.wne.edu/161/17_note_Criminal.pdf, and here's one court case that's a pretty representative example of how the courts typically apply this (i.e., harshly): http://law.justia.com/cases/federal/appellate-courts/F3/303/277/505693/.

[kelpdiver 2]

Andy9o8

Quote

that sort of misapplication of sentencing guidelines seems like a slam dunk on the appeals end.

Sorry to be the bearer of bad news.... While I agree with you that that ought to be the case - and a minority of Supreme Court justices would also agree with you/us, the majority of justices (thus far) have held that the inclusion of "mixture" agents, defined broadly, in the total weight of drugs for sentencing purposes, is permissible. On this basis, most trial courts have likewise taken the harsher analysis for sentencing purposes.

indeed, in the war on drugs, there hasn't been much mercy for the small offenders. So I used the qualifier "seems." At some point, I suspect/hope that the level of overstatement gets so high that they have to impose a little common sense back in. What's the ratio of pot to brownie by weight? Is it 10-1? 50-1? When a life sentence is possible for an amount of pot that is treated as infraction in some states, it begs for action. If only from a rational cost/benefit analysis, failing any other consideration.

[Channman 2]

Iago

Sir, step AWAAAAAAY from the cake pan!

So apparently using 'hash oil' in your recipe makes it hard to weigh the actual narcotic portion, so we'll just weight their entire baked good.

So, don't use a Duncan-Hines double chocolate-chunk if you're making pot brownies in Texas. You might get the needle.

Let's see, $57 a day is the average cost to incarcerate an inmate. 365 days a year for 60 years (he's 19) is $1.2 Million (with no increases in costs for 60 years).

Lesson learned? Move to Colorado.

If your going to do the CRIME you gotta do the TIME.

Yep, its messed up...big topic here in the Houston Area on Talk Radio. A hope this is worked out, and reduced to a misdemeanor charge.

[kallend 1,651]

kelpdiver

At some point, I suspect/hope that the level of overstatement gets so high that they have to impose a little common sense back in.

Common sense in drug laws? Surely you jest.

...

The only sure way to survive a canopy collision is not to have one.

[Southern_Man 0]

kelpdiver

indeed, in the war on drugs, there hasn't been much mercy for the small offenders. So I used the qualifier "seems." At some point, I suspect/hope that the level of overstatement gets so high that they have to impose a little common sense back in.

Jury nullification is the way to beat a lot of sense back into the system at this point.

"What if there were no hypothetical questions?"

[Andy9o8 0]

Quote

So I used the qualifier "seems."

I wasn't really thinking about that, just pointing out that this is a classic example of how the end result is counter-intuitive to logic - a result so often the case in US drugs laws. A similar example would be how many (most?) US states' laws penalize crack cocaine much more harshly than for equal-weight amounts of powdered cocaine.

[Southern_Man 0]

Andy9o8

Quote

So I used the qualifier "seems."

I wasn't really thinking about that, just pointing out that this is a classic example of how the end result is counter-intuitive to logic - a result so often the case in US drugs laws. A similar example would be how many (most?) US states' laws penalize crack cocaine much more harshly than for equal-weight amounts of powdered cocaine.

No that is totally explainable and logical since mostly white people use powder.

"What if there were no hypothetical questions?"

[Andy9o8 0]

Iago

******
indeed, in the war on drugs, there hasn't been much mercy for the small offenders. So I used the qualifier "seems." At some point, I suspect/hope that the level of overstatement gets so high that they have to impose a little common sense back in.

Jury nullification is the way to beat a lot of sense back into the system at this point.

That is true.

Lawyers and judges hate it.

Judges have thrown jurors in jail under contempt for bringing up the concept in the deliberation.

Seems to be kind of a grey area in how various trial and appellate courts have dealt with that particular scenario. See this interesting Wiki article on jury nullification; focus especially on the last half of the section "Court rulings": http://en.wikipedia.org/wiki/Jury_nullification_in_the_United_States#Court_rulings

[Andy9o8 0]

Southern_Man

***

Quote

So I used the qualifier "seems."

I wasn't really thinking about that, just pointing out that this is a classic example of how the end result is counter-intuitive to logic - a result so often the case in US drugs laws. A similar example would be how many (most?) US states' laws penalize crack cocaine much more harshly than for equal-weight amounts of powdered cocaine.

No that is totally explainable and logical since mostly white people use powder.

Yeah, I thought about whether to mention that angle, but I let it slide. LEOs and most politicians deny it as an underlying motivator, but I agree with you.

[jakee 1,262]

Quote

But already in Colorado it seems that the real threat of legalization has been not with the toking, but in the baked goods. It used to be said 'it is impossible to OD on pot,' much as is is very difficult to kill yourself drinking light beer - you can't consume it fast enough. But we're only a few months into 2014 and there have been multiple incidents around the baked stuff where you can easily overconsume, just as the drunk can shoot vodka much faster than any feedback from the body. (for those more knowledgeable on the subject, feel free to correct)

Can you link to any of those incidents?

I remember we went down this road before and it turned out that essentially you'd mistaken "suffered no long term effects" with "died".

Do you want to have an ideagasm?

[Southern_Man 0]

jakee

Quote

But already in Colorado it seems that the real threat of legalization has been not with the toking, but in the baked goods. It used to be said 'it is impossible to OD on pot,' much as is is very difficult to kill yourself drinking light beer - you can't consume it fast enough. But we're only a few months into 2014 and there have been multiple incidents around the baked stuff where you can easily overconsume, just as the drunk can shoot vodka much faster than any feedback from the body. (for those more knowledgeable on the subject, feel free to correct)

Can you link to any of those incidents?

I remember we went down this road before and it turned out that essentially you'd mistaken "suffered no long term effects" with "died".

Without making any judgments on the merits of these particular cases:

http://www.nydailynews.com/news/national/college-student-jumped-didn-fall-denver-hotel-balcony-eating-marijuana-cookie-article-1.1761176

http://denver.cbslocal.com/tag/richard-kirk/

"What if there were no hypothetical questions?"

[kelpdiver 2]

jakee

Quote

But already in Colorado it seems that the real threat of legalization has been not with the toking, but in the baked goods. It used to be said 'it is impossible to OD on pot,' much as is is very difficult to kill yourself drinking light beer - you can't consume it fast enough. But we're only a few months into 2014 and there have been multiple incidents around the baked stuff where you can easily overconsume, just as the drunk can shoot vodka much faster than any feedback from the body. (for those more knowledgeable on the subject, feel free to correct)

Can you link to any of those incidents?

I remember we went down this road before and it turned out that essentially you'd mistaken "suffered no long term effects" with "died".

your memory is slightly cloudy, but let's move forward:

http://denver.cbslocal.com/2014/04/18/colorado-deaths-stoke-worries-about-pot-edibles/

"Still, pot legalization opponents said the deaths are a sign of future dangers.

Twenty-six people have reported poisonings from marijuana edibles this year, when the center started tracking such exposures. Six were children who swallowed innocent-looking edibles, most of which were in plain sight.

Five of those kids were sent to emergency rooms, and two to hospitals for intensive care, Bronstein said. Children were nauseous and sleepy, and doctors worried about their respiratory systems shutting down.

Supporters of the pot law and some experts counter that alcohol causes far more problems among users, and the issues with pot can be largely addressed through better regulations."

I certainly side with the statement that alcohol is far worse, but nonetheless, we've left a reality where 'nothing is wrong' to a decent amount of cannon fodder for those who like the status quo of illegality in most states. And all of these problems seem to be with the edibles. Without them, it looks like a slam dunk success and every state looking to take in a little more revenue will be tempted to join the party.