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New York Court Of Appeals: Pot Isn’t “Dangerous Contraband”

  • by Paul Armentano, NORML Deputy Director June 10, 2008

    So here’s an interesting ruling from the New York Court of Appeals finding that the possession of small amounts of pot in prison does not constitute “dangerous contraband” under state law.

    NY court: Small amount of marijuana in prison not a felony
    via The Associated Press

    ALBANY, N.Y. (AP) — New York’s top court says small amounts of marijuana in prison do not represent “dangerous contraband” under the law and ordered lower courts to reduce two convictions to misdemeanors with shorter sentences.

    …The court majority says the test for “dangerous contraband” is its likelihood to be used in a way that causes death, injury, escape or “other major threats” to prison safety or security. 

    Naturally, this ruling raises the question: If cannabis can not be legally defined as “dangerous contraband” when it’s possessed in prison, then how can it be legally defined as “dangerous contraband” when it is possessed by responsible adults inside their own homes?

    Sounds to me like it’s time for another lawsuit.

     

    4 Responses to “New York Court Of Appeals: Pot Isn’t “Dangerous Contraband””

    1. Joseph "Ironman" Siler says:

      Boy look at that, 353,000 arrested for marijuana possession. Those New York cops must be doing a great job. Soon NO ONE in New York will be smoking pot. Soon everyone in New York will be in jail, where you can get pot without being arrested, because it’s not dangerous in jail. It appears though that it IS dangerous outside of jail, or people wouldn’t be getting arrested for possessing it. Excuse me, I’m soooo confused. If the cops can’t keep pot out of jail, what makes them think that they can keep it out of New York, or any other state for that matter? The laws against possessing marijuan are ABSURD. If you get arrested for posssessing marijuana you can go to jail, where you can possess marijuana because it’s not dangerous. Well, you can’t legaly possess marijuana in jail, but it appears they can’t keep it out of jail, despite intense security. If you are caught with marijuana in jail, they can keep you in jail longer. Just what have they accomplished by this? They can keep those horrible “pot heads” off the streets, thus making the streets safer. SAFER? I have consumed cannabis,(marijuana), for 40yrs. The streets have been safer because I consume cannabis. They were much more dangerous when I drank. If you met me walking on the street you might be put in fear of grievous bodily harm for saying hello. If you were to meet me on the highway you might be put in fear for your life. I MADE THE SAFER CHOICE. Should I be punished for that? I quit drinking in 1968 because I almost took a life. I started consuming cannabis as a responsible adult two weeks later. My decision to make the SAFER choice saved my life, it just may have saved yours to.

    2. McH2Os says:

      Another question: Why are spending billions of dollars on a war that fails to achieve its goals in the /prison/ system? Even if you don’t think drugs should be legal for adults how can you be okay with such a waste of tax payer money?

    3. Anonymous says:

      The framework is begining to crumble…

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