A helicopter crew working for the Georgia state police found what appeared to be highly suspicious plants growing on a man’s backyard garden in the state. The state mobilized the Governor’s Task Force For Drug Suppression and a squad of police complete with K9 drug-sniffing dogs arrived at the property, prepared to make arrests for drug cultivation.
The suspicious-looking plants turned out to be okra, a common plant that produces edible seedpods common in southern cooking.
A 19-year old teenager from Texas is facing anywhere between 5 years to life in prison for baking and selling pot brownies. Authorities arrested the teen on April 15 after a search of his apartment revealed six bags of cookies, nine bags of brownies, a pound of marijuana and $1675 in cash.
Although his criminal defense attorney claims the offense should be classified as a misdemeanor, Texas laws are harsher in its punishment of crimes involving THC, the active ingredient in marijuana. The reason for the tough penalty is due to the boy using hash oil in making the brownies. Hash oil is classified differently from marijuana as a “Penalty 2” controlled substance. This allows authorities to use the weight of the entire batch of brownies (including sugar, flour, etc.) as the weight of the drug sold.
Voters upset at last week’s failure of Proposition 19 (to legalize marijuana) can take heart– in a quiet move shortly before the election state lawmakers decriminalized possession of less than 28.5 grams of marijuana. Senate Bill 1449, effective January 1, 2011, makes possession of marijuana a mere infraction, giving the offense the same legal weight as a traffic ticket. Unlike a traffic ticket, however, where fines can exceed $300, marijuana possession carries a simple $100 fine as a penalty. First time offenders may still be sent to a drug diversion and have the charge dismissed.
The maximum penalty prior to this legislation was $100 fine, but the crime was charged as a misdemeanor, which meant defendants charged with the offense had a drug criminal record. Many lost their jobs or government benefits as a result. Because it was a misdemeanor, it meant defendants were eligible for a public defender and a jury trial as well. In approving the legislation, Governor Schwarzenegger explained that the “only difference is that because it is a misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney. In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket.”
The Orange County Criminal Lawyer Blog