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Courts

  • by Keith Stroup, NORML Legal Counsel September 8, 2014

    As we approach the annual Boston Freedom Rally in mid-September, held on the historic Boston Common, I thought it might be a good time for me to share with the readers the details of a bust I experienced, along with High Times associate publisher Rick Cusick, for sharing a joint at the combined NORML/High Times booth at the 2007 Freedom Rally.

    The reality is that marijuana smokers remain the target of aggressive and misguided law enforcement activities in most states today. They read about the newly-won freedoms in a handful of states, and dream of the day when their state laws will become more tolerant; but they are still being busted in large numbers and have to worry that next knock on the door may be the police with a search warrant, about to destroy their homes and wreck their lives, looking for a little weed.

    In fact, 749,825 Americans were arrested on marijuana charges in 2012 (the latest arrest figures that are available), and approximately 87% of those arrests (658,231) were for simple possession for personal use; they were just marijuana smokers, not traffickers. Another marijuana smoker is arrested every 48 seconds in this country!

    And for each of these unfortunate souls unfairly caught-up in the criminal justice system, the experience is personally frightening and alienating, even if they manage to avoid a jail sentence (and far too many still go to jail).

    But my story is a little different; a story of two old men arrested for sharing a joint at the Freedom Rally, with the court subsequently trying to dismiss the charges, but the defendants demanding to go to trial.

    TO READ THE BALANCE OF THIS COLUMN, GO TO MARIJUANA.COM

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  • by Keith Stroup, NORML Legal Counsel September 2, 2014

    Supreme_Court_BuildingWhen one looks at many other important public policy debates in this country, at some point the courts can and must step in to render a decision that changes the entire debate, and corrects an injustice with the stroke of a pen. In our system of government, the courts have co-equal standing with the legislative and the executive branch, and can overrule an offensive or unfair policy based on Constitutional principles.

    Perhaps the most important example of these modern decisions was Brown v. Board of Education, in 1954, in which a unanimous Supreme Court overruled the separate-but-equal policy of racial segregation in public schools, finding “separate educational facilities are inherently unequal” and declared the policy as a violation of the Equal Protection Clause of the Fourteenth Amendment, paving the way for integration. Next came Griswald v. Connecticut, in 1965, when the Supreme Court first identified a Constitutional right to privacy, overturning laws making the use of birth control a crime . Although the Bill of Rights does not explicitly mention “privacy”, Justice William O. Douglas wrote for the majority that the right was to be found in the “penumbras” and “emanations” of other constitutional protections.

    Similarly, in 1967 the Supreme Court struck down state laws known as miscegenation laws, that made it a crime for interracial couple to marry, finding those laws a violation of both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. And in 1973, in Roe v. Wade, the court, based on the right to privacy found in the Fourteenth Amendment, ended the ban on abortions, permitting a women to decide whether to terminate her pregnancy.

    For the rest of this column, please jump to Marijuana.com.

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