NORML Blog, Marijuana Law Reform » dangerous contraband http://blog.norml.org Working to reform marijuana laws Fri, 10 Feb 2012 17:26:05 +0000 en hourly 1 http://wordpress.org/?v=3.3 New York Court Of Appeals: Pot Isn’t “Dangerous Contraband” http://blog.norml.org/2008/06/10/new-york-court-of-appeals-pot-isnt-dangerous-contraband/ http://blog.norml.org/2008/06/10/new-york-court-of-appeals-pot-isnt-dangerous-contraband/#comments Tue, 10 Jun 2008 18:19:40 +0000 Paul Armentano, NORML Deputy Director http://blog.norml.org/2008/06/10/new-york-court-of-appeals-pot-isnt-dangerous-contraband/ 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.

 

]]> http://blog.norml.org/2008/06/10/new-york-court-of-appeals-pot-isnt-dangerous-contraband/feed/ 4