Harris County to decriminalize pot possession under 4oz

[PhatMack19]

Thoughts?

 

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[1989NDN]

Long over due.  Stop wasting time and resources on small amounts of Mary Jane.  Harris County DA Kim Ogg should have made this announcement on April 20 (420).

[bullets13]

no problem with this.  instead of decriminalizing it they need to legalize it.  it's no worse than alcohol, and only a gateway drug because of the type of people one must come in contact with to get it. 

[Englebert]

I'm fine with legalization. I do fear though, of having more impaired drivers on the road. Of course, the worst drivers and most dangerous are the ones on their cell phones.

[bullets13]

7 minutes ago, Englebert said:

I'm fine with legalization. I do fear though, of having more impaired drivers on the road. Of course, the worst drivers and most dangerous are the ones on their cell phones.

agreed.  that being said, the potheads I've known in the past all drove high, and we see very few news articles about people who are high on pot crashing into and killing people, while we see articles daily about drunk drivers doing so.  but I'm certainly in favor of the same penalties for smoking and driving as there are for drinking and driving.  I'm not sure what kind of test they could implement for checking how high someone is, but the smell of burnt weed inside the car could be an automatic DUI.

[Englebert]

19 minutes ago, bullets13 said:

agreed.  that being said, the potheads I've known in the past all drove high, and we see very few news articles about people who are high on pot crashing into and killing people, while we see articles daily about drunk drivers doing so.  but I'm certainly in favor of the same penalties for doing so as there are for drinking and driving.  I'm not sure what kind of test they could implement for checking how high someone is, but the smell of burnt weed inside the car could be an automatic DUI.

Agreed. The people on pot usually drive slow, but they are still impaired. Colorado published an article a while back in which it stated that the amount of traffic accidents jumped significantly after they legalized pot, but the traffic fatalities went up only slightly...a statistically insignificant amount. (And before anyone jumps in with the "if it saves one life..." mantra, statistically insignificant in this case means that the increase in traffic fatalities was so slight that legalization of pot does not seem to be attributable to this slight increase.) If legalization of pot was found to lead to more traffic fatalities and/or serious injuries, I would be dead-set against it. As it is, I'm okay with legalization, just hope I don't get dents and scratches all over my truck.

[Hagar]

Have never used mj, and been against it all my life, but I'm ready to legalize it.  It's obvious that we can't win the war on drugs.  Isn't going to happen, just like prohibition.  I think the one good is that it might keep some from going to harder drugs.  Had a childhood friend who got on hard stuff.  Ask him Why?  He said he started on weed, then dealer said he didn't have any weed, but he had these pills.  Can I say for sure it'll be a deterrent to harder drugs?  No, but I can say for sure we can't stop its use, plus we spend untold millions trying to police it and locking up those using it.  And from what I'm told, it doesn't affect most anymore than alcohol.  All I can say is, Uncle.  Legalize and tax it.

[tvc184]

A stupid decision by the DA. What will she choose not to prosecute next, DWI? Let's just issue citations for leaving a traffic lane?

She cannot change state law but is telling the police not to enforce the law. If they legalize it, great but she is playing god of the legal system. She has not such authority. I wonder if the police will simply do away with misdemeanor domestic violence since that takes up at least as much time as marijuana. 

[LumRaiderFan]

Why four ounces...make it a pound.

[PhatMack19]

2 hours ago, tvc184 said:

A stupid decision by the DA. What will she choose not to prosecute next, DWI? Let's just issue citations for leaving a traffic lane?

She cannot change state law but is telling the police not to enforce the law. If they legalize it, great but she is playing god of the legal system. She has not such authority. I wonder if the police will simply do away with misdemeanor domestic violence since that takes up at least as much time as marijuana. 

That was my main issue.  I believe they should legalize it and tax the hell out of it.  I don't believe that cites or counties should be able to decide what federal laws they will enforce.  

[Kountzer]

If you hang around long enough you'll see a lot of stuff change.  Back when I stll lived in Silsbee  as a young guy I hung around with the mj smoking crowd.  I smoked mj trying to fit in with those peers.  I knew of folks who got busted.  Finding a job with a clean record is hard enough.  Once u have a drug felony on your record you can forget it, especially if you are black.  I stopped before that happened to me.

Being high never made since anyway.  Here you are walking around with your head messed up and you are already behind in many ways.  I never was a heavy smoker of mj.  I never did smoke tobacco.  I stopped completely in '84 when I joined the church.

Weed is definitely a gateway drug.  Back then, maybe 40 years ago is was fun and games.  It was like playing hide & seek with the police.  These days, from what I've seen on tv, simple weed deals will get you shot and killed.  Anyway I stopped.  Even if it is totally legalized I would not have anything to do with it.  There is a literal God and there is a literal devil.  The bible says the devil walks around like a roaring lion seeking whom he may devour.  Black, white conservative, whatever.  He wants to take us out.   And there you are high.  No thank you. 

[tvc184]

12 hours ago, PhatMack19 said:

That was my main issue.  I believe they should legalize it and tax the hell out of it.  I don't believe that cites or counties should be able to decide what federal laws they will enforce.  

..... state laws.

[PhatMack19]

6 minutes ago, tvc184 said:

..... state laws.

I thought pot is federal?  I know the Feds would randomly raid dispenceries in Colorado and the others.  Maybe that's just the stores selling it and not just individuals.

[Hagar]

3 hours ago, PhatMack19 said:

I thought pot is federal?  I know the Feds would randomly raid dispenceries in Colorado and the others.  Maybe that's just the stores selling it and not just individuals.

Marijuana is a Schedule 1 Drug, per the DEA.  Drugs that 1- high potential for abuse.  2- no acceptable medical benefits.  3- lack of safety for use.  A few others are, ecstasy, heroin and LSD.

Which begs the question, if mj is illegal according to the Feds, how are states legalizing it?  Don't get me wrong, I'm all for states rights, but this is not how the Feds handle most things like this.  And as I posted earlier in this thread, I'd like to see the Feds and Tx, legalize and tax it.

[tvc184]

4 hours ago, PhatMack19 said:

I thought pot is federal?  I know the Feds would randomly raid dispenceries in Colorado and the others.  Maybe that's just the stores selling it and not just individuals.

Most people (or maybe just "some) know that the Fifth Amendment says that we can not be twice put in jeopardy of life or property also known as no double jeopardy. Well that is true... kinda.....

In the USA, by out Constitution, we have what is called dual sovereignty. Basically the USA is 50 separate countries that come together for common defense and other powers. Under that concept (and the Tenth Amendment), the USA can make laws and each state can make independent laws. Sometimes they overlap BUT.... each has the sovereign right to prosecute you as a different country. Each can bring you to trial independently without regard to the other. I guess in a way, you could be brought to trial more than once for example you commit something that is a federal crime and it also takes place in LA and TX. Each can bring you to trial and you can do time in all of them.

For an example, look at the Rodney King incident. Some cops are put on trial in state court for abusing Rodney King and are acquitted. They are free to go, right? Nope, the US DOJ came in and filed federal civil rights violations against them for the exact same incident and using the exact same facts. I think three were convicted. They were then sued in state court and I believe federal court. Again, each has different lawsuit procedures. In total I think the officers and the city through them, were brought to four trials for one act after being originally found not guilty in the first trial.

Possession of marijuana is a federal crime. In states that have passed either medical or private use of it, the feds simply overlook it on a lower level. They will still likely find illegal suppliers and in larger quantities. The federal government to my knowledge has never gone after low level use or any other low level crime. They do not have the resources to arrest everyone found with a rock of cocaine, a joint of marijuana or small theft amounts. That is what the local police and government attorneys do. 

[tvc184]

17 hours ago, PhatMack19 said:

That was my main issue.  I believe they should legalize it and tax the hell out of it.  I don't believe that cites or counties should be able to decide what federal laws they will enforce.  

And generally speaking, local and state police do not enforce federal laws and federal agents do not enforce state or local laws. 

In some (or many) instances the local police have way more policing powers and authority than federal agents and in other instances, federal agents have way more policing powers and authority than local police. I have worked on federal task forces as do officers all around the country. The benefit of such arrangements is that it kind of gives dual jurisdiction to the officers. On one such task force about 30 years ago, I was a US Customs agent for the purpose and time of that task force. I was authorized to make border searches just as if I was a Customs agent at an airport, port or other entry point into the USA. At other times when the agents wanted to stop someone to check them out but whatever they were looking at did not cross their authority to make traffic stops so we would be in the car with them and we would stop the person/vehicle under our authority. 

On a side note, we were like kids in a candy store. Being a 3-4 years city police officer and having our issued radios, we could barely use them to talk to another officer across town or our dispatcher when near the city limits. For this project however, we had a federal walkie-talkie and could talk to Houston and sometimes to a C-130 aircraft flying over the Gulf of Mexico. Way before the days of today's cell phones where we can call around the world from anywhere and in the days before home computers and the Internet (at least released to civilians for mainstream use), we could talk over 100 miles away by using the federal toys. It is always fun to bring their resources into play. 

[new tobie]

Would save houston money.