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Medical Marijuana Patient Faces Life in Prison for a Half Ounce in Texas

Submitted by Phillip Smith on (Issue #644)
Politics & Advocacy

A Texas asthma sufferer who went to California for a medical marijuana recommendation and then got busted in June on a Texas highway with small amounts of marijuana and hashish is facing up to life in prison after being indicted by a Brown County grand jury. He is charged with possession of a controlled substance with intent to deliver, a first-degree felony in the Lone Star State.

Chris Diaz
Chris Diaz, 20, has been jailed on $40,000 bond since the June 27 arrest. He was busted with 14 grams of weed and hash.

Under Texas law, possession of less than two ounces of marijuana is a Class B misdemeanor punishable by up to six months in jail, while possession of hashish is either a state jail felony punishable by up to two years for less than a gram, or a second-class felony punishable by up to 20 years if less than four grams, although probation is also possible. It is unclear exactly how much hash Diaz had.

Diaz was pulled over for an expired license tag while en route from California to Austin, and according to the DPS trooper's report, could not produce a drivers' license or proof of insurance. He was then arrested for failure to identify, and during a subsequent search, police found a small amount of hashish on his person. A search of the vehicle then turned up more hash and marijuana in pill bottle from a California medical marijuana provider.

The DPS report said the search also turned up a cell phone "containing text messages referring to drug sales" and a notebook with "drug and law writings." Those are apparently the basis, legitimate or otherwise, for the drug distribution charge.

Texas does not have a medical marijuana law, and its authorities do not recognize having a recommendation from another state as a defense against prosecution.

Diaz has attracted supporters both inside Texas and nationally. The Texas Coalition for Compassionate Care and a group called I Am Sovereign are publicizing the case and pressuring Brown County officialdom. And the asthmatic Diaz sits in jail in Central Texas awaiting trial, without his medicine.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.


Lisa W (not verified)

In reply to by blue (not verified)

Life in prison for this is an outrage,even a few months in prison is an outrage.  They are really taking this too far. Give the man a fine and go on with real business people..geeeze!!!

Sun, 12/04/2011 - 3:50pm Permalink
Charles (not verified)

In reply to by Kimberly K Sherwood (not verified)

To the lady that said he should get jail time, are you nuts.  Allow me to teach you something. You said that he was not using it for personal use and that he was selling it.  Did you talk to him and find that out or were you just looking for an opportunity to sound important?  Child molesters, murderers, thieves, abusers, and muggers most of the time will not spend a day behind bars, but somehow a guy using  an herb to treat a health condition is deserving of life in prison. If this guy is a drug dealer then so are Walgreens, Wal-Mart, and Rite Aid.

Sun, 12/11/2011 - 6:59pm Permalink
melindaville (not verified)

In reply to by Charles (not verified)

centers to help people get treatment who really need it.   There are so many addicts in this country who are addicted to heroin, cocaine, meth, you name it--and many would like to get into treatment.  I know, because I was one of them.  It wasn't until I tried (seriously) to commit suicide and was found unconscious and near death by some miracle that I finally got someone to help me get into treatment.  I tried everywhere:  hospitals, the dept. of health and human services, everywhere--and everyone told me that there was a long waiting line.  Well that's just great!  By that time, I might be dead.


It should be as easy to get into treatment as it is to buy drugs.  And its not.  Instead of jailing people for a HEALTH issue (which addiction is), give them treatment and really help resolve  the problem. 


Marijuana does FAR LESS damage than alcohol--when the booze cops had nothing more to do when probation ended, they had to do something with those nitwits,so they made them the WEED cops.  Even most cops know locking people up for marijuana is nuts.  Hell, I know some cops who smoke on a regular basis. 


This whole article makes me sick--that  poor guy!  Lock up congress for being lying, incompetent poop-heads and let this guy out!!


By the way--treatment does work.  I have been clean since January 18, 1994.  Close to 20 years now. 

Wed, 02/15/2012 - 5:55pm Permalink
Mike 203 (not verified)

In reply to by Kimberly K Sherwood (not verified)

People that come back from prison, sometimes become criminals. What about William Dekle, 61 serving life, Claude Louis, Randy Lanier and to many more. Life sentence! apparently it doesn't hit you how long that is. Names I said have been serving 15+ years for cannabis. That's outrageous! personally.

Sat, 09/29/2012 - 11:59pm Permalink
Anonymou (not verified)

Prisoners being held for the peaceful, non-violent possession, sale, transport or cultivation of cannabis hemp must be released immediately. Money and property seized must be returned. Criminal records must be wiped clean, amnesty granted and some sort of reparations paid for time served. These cannabis prisoners are the real victims of this monstrous crime against humanity called the “War on Drugs.”
The United States is supposed to be a free country, yet those who choose to smoke or eat this mostly harmless drug are penalized. An American can go out and drink themself to death, but they cannot freely use a drug which is less toxic and less prone to making one out of control than alcohol. I say this is not only unfair, but also un-American!
The police, prosecutors and prison guards should not be in charge of which herbal therapies people may use to treat their personal health problems.
Federal Judge Francis Young in 1988 called “one of the safest therapeutically active substances known to man.”  

Wed, 08/11/2010 - 2:56pm Permalink
McD (not verified)

In reply to by Anonymou (not verified)

What a beautiful idea, really,, I love it! 'Justice!' Wouldn't it be nice? God, how I support you in principle and how I really wish I could support propagating this idea. But I can't. I'm afraid it could become a dangerous weapon in the arsenal of the 'No to 19!' voices we'll undoubtedly start hearing from before November. The problem is, they really have got a couple of good points here. Listen to this:

Everyone knows the police have become hopelessly addicted to cannabis, because it's the only way they can make any difference to what's happening on their streets. If they know someone is a baddie, and they usually do know, but they just can't quite make any one of the really quite serious crimes stick, and someone else has just got hurt as a result this time, and everyone knows it's just a matter of time before s/he hurts someone else... And they've just found a nice big stash of thirty-odd kilos of herbal cannabis (sinsemilla) and thirty grams of hashish and some mushrooms and intelligence - and now the mobile phones and computers - to make an iron-clad distribution case that will put the villain down for the rest of the testosterone phase of his life. He should emerge a much more mellow, if not reformed, person. If not, there's plenty more where that came from.

Now, the thing is, Anonymou (Hope you don't mind if I just call you Anon?), this baddie's in prison, because it was too difficult for the police to get him on the crimes that really repulsed them and hurt others. If you now grant amnesty to everyone who was put away for cannabis infractions, then what's he going to do? Choose:
a) step forward immediately to declare his conviction justified because of all the bad things he did which he hadn't been punished for
b) keep quiet and go home.
It's a tough one, isn't it? Yeah, it kept me pondering for a long time, did that question.

Then, of course, as you so rightly point out, "Money and property seized must be returned." Ouch! Who's going to pay for it? I mean, personally, I couldn't agree with you more. If accepting that the War had become counter-productive and destructive long before the law had been changed to protect the innocent, then there must be an outcry for some form of compensation to get the most badly affected back on their feet and to a position analogous (as far as that's possible) to where they were before suffering as a result of such terrible laws. I can't see anyone getting a whole truck load of money out of it, but I would expect there to be education campaigns trying to explain how it all went so wrong and how these people have unjustly suffered and what is being done about it. There will probably still be some prejudice to overcome for quite some time. I would expect there to be some form of exoneration or something like that and that, of course, will cost money. Lots of money. In fact, there's probably so much money at stake here, e.g. lost revenues on pharmaceuticals, that it would just blow our minds if we were ever able to find it all out and add it all up. That could go a long way to answering the question, 'Why?'

See, the thing is, Anon, old buddy, when the prohibitionists whip up all that, 'See, they're going to let all the drug dealers and murderers and rapists out of jail!' hysteria, then all their opponents can really say is, 'Oh, no, no, of course not - we'd never do that!' But, of course, as you and I and everyone else knows, that's exactly what's going to happen in a lot of cases and there will be a lot of tragedies as a result. For example, the ex-girlfriend who really took his conviction and absence quite badly; she eventually got over it and got married to a nice guy, nice house, nice kids, nice life. Then home comes the bad guy and kills some or all of them. Yeah, there'll be lots of tragedies like that. There always are. And, as always again, there'll be loads of people trying to tell us what they're a result of and what they're going to result in. And they'll all have a point and they'll all want to be listened to. But unless something of true significance occurs (I don't know... Say, we discover that cannabis causes cancer and all the evidence to the contrary were suddenly proven wrong...) I will believe there are fewer tradgedies as a result prohibition being repealed.

So, there you go, you see: it's better not to bring this up around prohibitionists. They'll turn it to their advantage (naturally).

Thu, 08/12/2010 - 8:50pm Permalink
Realist (not verified)

In reply to by McD (not verified)

@McD: All cannabis users are guilty of some other heinous crime but they have just not been caught--that is your premise? I would like to take your ludicrous argument seriously and get angry, but you obviously are grossly misinformed and a staunch Prohibitionist . I could attempt to correct you, but apparently you have some special insight or mental deficiency that would require more time to undo the misinformation you believe about basic criminology than it is worth. Stick with what you know. Otherwise, back up your conclusions with some facts, not prejudice and broad generalizations. It was a cute little essay, buddy boy and all.
Fri, 08/13/2010 - 10:32am Permalink
hopeforall (not verified)

In reply to by Realist (not verified)

McD , I want to tell you that I read your essay about the heights and grand philosophies of how the human mind functions, but alas, I come to the conclusion that you , my friend, 'ol Buddy 'ol Pal, are THE PROBLEMO !

Sun, 12/04/2011 - 8:22pm Permalink
Lisa W (not verified)

In reply to by KayT (not verified)

I happen to know many people who smoke , and carry on very professional lives, go to church, teach, and live a well balanced life because they are able to smoke. It seems to calm them in their daily stresses of life, that thanks to our Economy/Government we now have to face. These people have families and do not spend there spare time off in clubs or bars and they DO NOT HAVE CRIMINAL HISTORIES AT ALL! I know people who smoke it that do, however I know many who drink alcohol who have legal issues. It's my opinion that crime would go down if this drug was legal and men and women would not have to resort to illegal activity to survive, but rather be able to get out and get a job and live normal lives because they do not have to hide in fear of being judged like you very much so just done in your comment....this may not be the affect on all, but it will help many. If alcohol is legal, then it's ridiculous that marijuana isn't. If I replied to a comment would be some crazy reading material, yet alcohol is legal, so whether he/she was under the influence of a drug or medication or not is not the issue, whether to legalize it or not and punishing people in such a manner is the issue. I do not smoke anything and never have, I drink from time to time. I do not like the taste of smoke , however, I'd rather be around a bunch of people smoking and that affect than drunks and that affect any day......laughing our butts off over loud mouth fighting drunks any day ! 

Sun, 12/04/2011 - 4:10pm Permalink

@Lisa W.


You may be the first person to post something with the slightest bit of intelligence.  I know exactly where you are coming from. I have friends that smoke weed and you would not know unless they told you or you saw the smoke.  I don't smoke either because i don't like the taste of it either. However, that is not the only way( i.e. water bongs, eating it, vaporizers, and making it into tea).

Sun, 12/11/2011 - 7:25pm Permalink
Brittany Bilen (not verified)

In reply to by McD (not verified)

McD... I would like to waste my time sitting here for HOURS telling you why you are incredibly ignorant, but it would take way more time then I've got to even begin explaining this to you. I don't know what planet you live on, but your point of view is extremely one-sided and twisted to say the least.


Can someone/ANYONE please tell me why someone can get less then 10 years in prison for murdering someone, but they want to take this young man's life away for having marijuana/hash in his car!?  I understand it's illegal in Texas, but REALLY? LIFE?  Texas is ridiculous, and it's the government that makes me have NO faith that this country will ever rise above any of the current problems and issues we have here!! 

Sun, 12/04/2011 - 7:41pm Permalink
Not as stupid … (not verified)

In reply to by McD (not verified)

Yea I'm sure that every murderer gets locked up after getting caught off guard smoking a J and not for murder......(if you think I'm serious your a retard)

And if you think that the money lost on the drugs their selling in chemists is a bad thing.. you should really research into those drugs with as much effort as your little story. Maybe when you realize what they are replacing this perfect medicine with you will realize why its still illegal. Corrupt companies/ government would simply rather have you think that the real cheap/ free medicine is bad for you and dangerous. That way they can sell you the processed poison Shiite for $$$$$ and you wont question it.

Ohh and btw.. cannibis is infact the 1 substance known to us that may actually cure cancer.. and has been proven to slow development of cancer.

Mon, 02/25/2013 - 2:41pm Permalink
carol (not verified)

this is rediculous ,theres far more serious crimes out there and those people proberly get off ,i dont smoke the stuff but i dont care who else smokes it i know for a fact it helps with disabilies on people and can slow arthritis down for one thing to mention ,i dont see why they done make the stuff legal its less harming than smoking and drinking but the only reason thats not illegal is there far to much money being put in there pockets from it , its all about money and the fact that people can get this stuff and grow for free says it all.

Wed, 08/11/2010 - 3:28pm Permalink

Tex-ass Justice at its best! This would be absolutely ridiculous, if it werent Texas. The same state that is proud of its death penalty ( they dont care if your innocent-kill'em all!!) and its Law of Parties ( a law based on anticipation of a crime). I hope this guy can afford a decent attorney and not a Tex-ass public defender!  really Texas, shouldnt you be more concerned with bigger fish than a medical marijuana user??? 

Wed, 08/11/2010 - 4:38pm Permalink
ripper (not verified)

In reply to by PrisonReformMovement (not verified)

#1 rule dont get caught 

This is Texas man we do everything big down here 

we are pretty strict on laws so all i can say is 




 the guy had it coming 

did anyone mention why he was pulled over ? 

probably something stupid.

Sat, 08/14/2010 - 1:18am Permalink
Brittany Alston (not verified)

In reply to by ripper (not verified)

Idk why you think you know what your talking about? he didnt do anything wrong.. if you know Texas they try and mess with you every chance you get... he was doing everything he should have been doing.. hes not stupid!!! what I dont understand is why someone can go to jail for murder for 10 plus years and then for weed you want to take theyre life away!!! what is this society coming to? give me a break!!! this is redicilous! Look at the real probelm instead of trying to find little issues to send him away for life!!!!!!!

Fri, 12/03/2010 - 2:18pm Permalink
hopeforall (not verified)

In reply to by ripper (not verified)

Don't get caught ? How about Change the Law ?

Sun, 12/04/2011 - 8:28pm Permalink
Ray (not verified)

Pro football players get months for killing someone while drunk driving... Possession of a plant gets you life... Our criminal justice system needs a lot of work

Wed, 08/11/2010 - 5:55pm Permalink
Forced_to_Drink (not verified)

Another reason to NEVER drive in Texas, or anywhere with an expired sticker... more fuel for the reasons cops here in Texas pull over everybody with something minor wrong.  I read about cases all the time in my area where someone gets caught with .01 or .02 of an ounce, and gets hauled into jail and their car impounded.   Texas has a law where the officer can write a ticket and release the individual for under an ounce, but many counties have "zero tolerance" protocols and will take a person to jail for ANY amount, including trace amounts in a pipe or amounts so small as to be almost useless.

I feel for the guy, but one should always make sure to have everything about themselves, including their vehicle, appear to be legal to those with no morals.  Thieves look for opportunities, and so do the cops...   neither incident ever works out well for the victim.   Don't leave valuables on your front seat at a walmart parking lot or lawn equipment in your garage with the door open...  and don't drive with expired stickers. 

Really sad... punks who stole from my garage served less time than this guy will/has already....  and this is tough on crime in what way????  Kill or steal and your on the street...  have some cannabis products and your public enemy number one.   Might as well bring back the dunk tank to prove that cannabis users are not witches as well... 

Wed, 08/11/2010 - 6:06pm Permalink
BuildingAirplanes (not verified)

It's painfully obvious that Mr. Diaz is being discriminated against because he's Hispanic.

Wed, 08/11/2010 - 6:25pm Permalink

 I'm sorry, wait a second. This guy was driving around without a license or proof of insurance, in a car with expired tags, holding pot and hash three states away from where pot is legal, carrying detailed written evidence of drug dealing activity in his car. In Texas. This isn't an injustice, it's darwinism in action.

Wed, 08/11/2010 - 6:34pm Permalink
Guardian Knights (not verified)

In reply to by borden (not verified)

Chase is my name, I’m a 53 year old retired Trade show Magician and Owner of the Guardian Knights. I’m an Acting Private Attorney General and the Co-Author of Mr. Diaz’s Habeas Corpus.

It seems Ms. Martin and Mr. Gunn are receiving some bad press from the area and I would like to set the record straight. First, this young man has never been in trouble with the law, not even a speeding ticket. Second, should he be convicted of this charge, he could receive a Life Sentence for less than ½ ounce of Marijuana. Talk about the Dark Ages!

I’m also the Fellow that Co-Authored Mr. Diaz’s Motion for Jurisdiction and Standing, I also wrote this Young Man’s Habeas Corpus. Judge Ellis stated in Open Court that The Motion for Jurisdiction and Standing was without Merit and dismissed it out of hand. Now that is a Bad Judge Mates!

I don’t take kindly to that, No Sir I surely don’t, let me tell you why. Everything in that Motion was based on Supreme Court Decisions, Rulings and based on the Texas Bill of Rights and Standing.

I am Calling Out Judge Stephan Ellis! I am now speaking as One of the People..(His Boss) he will account to me and to the Honorable People of Texas also (His Boss) I am stating on the Public Record that he has Violated his Oath of Office and the Rules of Professional Conduct. He has practice Law from the bench in violation of      Title 28 USC 454 which states that a Judge cannot practice law from the bench or he is guilty of a “high misdemeanor” He stands before the Good People of Texas in Dishonor.

I am challenging The Honorable Stephan Ellis to Rebut Point-On-Point, under Oath anything in either the Habeas or Motion for Jurisdiction that was without Merit or Frivolous. Just Bring It Mister!!

Just to make it Sporting if you win, I will accept (30) days of Jail time, for Contempt of Court. If I win you turn that young man loose. I suggest we use the Attorney General for the State of Texas for the Judge. It Will Be Heard In Open Court For The Press And The Good People Of Texas At High Noon.

You, Stephen Ellis Called This Tune, Let’s See If You Can Dance! The Gauntlet is at your Feet the line drawn… Question Is “Do You Dare Pick it up?                                                                                                                                                                                 

Joseph “Chase” Dattilo                                                                                                                                                                                                           The Guardian Knights

Wed, 08/11/2010 - 8:17pm Permalink
melindaville (not verified)

In reply to by Guardian Knights (not verified)

You're doing a great job.  Keep up the good fight!

Wed, 02/15/2012 - 6:24pm Permalink
frank scott (not verified)

In reply to by borden (not verified)

the idea of a life sentence is totally cruel and beyond ridiculous but the article seems to indicate a sentence of two years for the infraction ,while implying life...huh?
and yes, a person, young, old, healthy or sick, must be  lacking something to drive anywhere in america without a drivers license, without registration and without a visible, legal tag on the car...are we serious here or delirious? how about putting a neon sign atop the car that says: hi, i'm carrying drugs...wanna bust me?
too bad the kid isn't an illegal immigrant...then he might only face being deported...but really, his actions were nearly suicidal, so maybe there can be a plea of temporary insanity due to being impaired by illness?


frank scott
email: [email protected]

Frank Scott writes  political commentary which appears in  The Independent Monitor and  at the blog Legalienate

Thu, 08/12/2010 - 5:22pm Permalink
Anonymous0 (not verified)

In reply to by borden (not verified)

In Texas: * With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment.  If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement.  They judge can also waive all fines."


Sun, 08/15/2010 - 5:37am Permalink
Fed up (not verified)

In reply to by Mike Kirby (not verified)

They didn't say he was the sharpest tool in the shed, but this is absolutely insane.  Is this guy really a threat to society?  Is this where we want to focus our efforts? Lets feed the children first; then worry about putting a dope fiend in prison for Life! Amen!

Thu, 08/12/2010 - 1:17pm Permalink
grey witch (not verified)

yet the guy who tortured and killed his family with a cordless drill over two days will only serve 7 years. Why doesn't  Texas just become their own country. They already have the laws of a dictatorship.

Wed, 08/11/2010 - 6:35pm Permalink
Anonymous12345 (not verified)

In reply to by grey witch (not verified)

Just sit back and watch.  We just might do that.  If you don't want to obey the laws of a state (or country, for that matter) STAY OUT.  #1.  There are more medicines for asthma than weed.  #2.  He didn't have JUST weed in his possession.  #3.  We don't need any of you bleeding hearts here, anyway.  Obviously, you ain't tough enough to be a Texan, anyhows....

Thu, 08/12/2010 - 2:49pm Permalink
King Pothead (not verified)

In reply to by Anonymous12345 (not verified)

If you decided to leave the U.S., you would be doing the rest of this nation a great favor.  While you're at it, take the rest of the cesspool south with you.  We need a country with laws based on intellect and reason, not on bible-beating stupidity.

It certainly sounds to me like this young man behaved like a complete dumbass, but life in prison?  What century are you neanderthals from?  Why don't you bring back the iron maiden or just have him drawn and quartered while you are at it!

There may be more medicines than weed for asthma, but that does not mean they are equal or even superior.  Many have terrible side effects that make the cure worse than the disease.  Same goes for all the other problems weed helps with.  Personally, I am a lifetime sufferer of depression and anxiety and have been prescribed seven anti-depressants (that I can think of) over time.  None of this sh*t ever worked very well, so I always return to the weed.  And despite all the lectures and garbage I hear about weed being "a depressant," it does a much better job than all that pharmaceutical crap.     It absolutely amazes me how you people can be in such denial about the medicinal uses for marijuana when the scientific evidence grows stronger by the day.  Course, it's pretty obvious that science is the arch enemy of your religion.

And it's not that we lack the toughness to be Texans.  It's that we are much too intelligent to want to be surrounded by dolts like you.

Thu, 08/12/2010 - 5:33pm Permalink
Anon (not verified)

In reply to by King Pothead (not verified)

You can keep your backwards, religious fanatical, stupid accents and fat citizen state!  Move out of Texas!  Don't buy anything Texas, walk away from your Texas real estate.  Abandon this pathetic cow shit state and move to freedom.  This guy should have stayed in California.

Fri, 08/13/2010 - 11:01am Permalink
John the plumber (not verified)

In reply to by Anonymous12345 (not verified)

You are so delusional!  I'm a toker, college graduate, tradesman, educator, and family man from Texas.  I don't appreciate people from Texas who are so backwards that they can't see their own ass being kicked through the door.  The waves of change are coming sooner than you think. 

All the old, bible-beating, IGNORANT, un-educated, folks in Texas are dying off.  Then, we will be in charge.  Alcohol and cigarettes kill far more than pot has EVER been responsible for, unless you count the ones that were sentenced to life and died in prison for a freaking weed that grows naturally all over our continent. 

Luckily for all of you against med-pot we are what we are and we won't TORTURE you and ruin your lives for doing your own thing.  Even if we don't agree with it.  It's our nature not to treat people like that.  Hell, we'll all smoke a fat spliff on your grave to say farewell!


Oh, and:

#1 There are other medicines for everything and as a patient it is HIS right to decide what he puts in his body, no one else's!

#2 Hashish is a marijuana product, like: snuff, chew, cigarettes, cigars, or spit-less dip are equal to TOBACCO!

#3 Marijuana users are amongst some of the toughest people I know.  WE drive the economy of this great nation.  If it was legal you would be shocked and astounded to find out how many and who enjoys Marijuana for medicinal or other purposes!  Not to mention, that if it were legal and taxed (yes, that's right, most "pot-heads" would gladly pay a substantial tax) the money could be used to truly get people off of "real" drugs and improve our sorry-ass Hospitals and Public Schools...

But yeah, who wants our kids to learn anyways?  It's easier to let them smoke and drink themselves into cancer and all the time tell them "Down with dope", right?

Mon, 08/16/2010 - 7:22pm Permalink
lyndz (not verified)

Yeah he screwed up on a number of ways. But none that deserve that kind of sentence. That's just insane. I live in texas, usually they don't really care much about pot unless, A. You're acting like a jackass. B. The officer just doesn't like you/your attitude C. Its in large quantities. D. They decide to use it as "suspicious activity" so they can search your car.
Wed, 08/11/2010 - 7:27pm Permalink
Giordano (not verified)

In New York state, there has been a “21-percent rise in stop-and-frisks for the second quarter over last year; 88-percent of those stopped are Black and Hispanic,” according to the Center for Constitutional Rights.

We know what to expect from places like Texas where the color barrier is alive and well.  We can probably expect similar statistics to emerge from Arizona as the state ramps up its illegal immigrant policies through a less direct means than that of demanding someone’s citizenship papers.  Such a means is provided by drug searches.


Wed, 08/11/2010 - 8:48pm Permalink

Not too smart driving with expired tags, no license or insurance, especially KNOWING your carrying....but all the charges, which are meant to generate REVENUE for the county/city- ( via eventual fines, court costs, etc.)  are so OVERCHARGED, they would have you believe this young man is a some type of 'dealer' . tranporting, yada , yada, so if they convict him he gets the upper mandatory sentence ...!! Do you not see the system at work here? PIC- Prison Industrial Complex & Tex-ass we are going to RUIN  & take his life, cost the taxpayers millions of dollars to house this guy...who HARMED NO ONE....for MEDICAL Marijuana...hey it makes perfect sense to me...When do we say enough, America? When do we say...NO WAY, NO MORE!!!

Wed, 08/11/2010 - 8:49pm Permalink
Laura l.d. (not verified)

Man was not made for the Sabbath.  The Sabbath was made for man.  Man was not made for Laws.  Laws were made for man.  The tipping point has been crossed.  The laws are a religion unto themselves we are expected to worship -- and do NO SERVICE to the people.  It is a dis-service to people to criminalize drug use -- especially marijuana.  The law is not greater than man.  It is pure evil to elevate laws, thus the state, above the humanity of the people and the rights, needs, and welfare of the Society.

This man is being persecuted for some out of control fetish of the State.  This is sick.

No, I don't use drugs.  However, I'd protest and smoke pot with a group to protest this evil and to demand that the law bend to serve the people instead of persecuting them with cruel and unusual punishment.  Man was not made for marijuana laws.  I would argue to say, however, that God gave marijuana to man to use.  Those who want to use it -- it's their business.

Wed, 08/11/2010 - 9:44pm Permalink
Leonard Krivit… (not verified)

Patients with legitimate medical problems are being TERRORIZED by the prohibitionists and their insane, anti-scientific "dogma". There will be end to their brutalities, though, I don't think Americans are going for it as the truth is known, they were only going for it in the past, when they were brainwashed by lies! Shame on you, prohibitionist tyrants! And your Karma will catch up with you, don't you "worry"!

Wed, 08/11/2010 - 11:03pm Permalink
Michelle Gross (not verified)

I am so sick and tired of hearing about this weed crap. Alcohol is a mood-altering substance. Cigarettes are a addictive and mood-altering. Legalize weed nationally at least medically. 21 is legal drinking age. Make 21 legal pot-smoking age and tax it! win-win!

Thu, 08/12/2010 - 12:19am Permalink
Ryan (not verified)

Ok, so I'll admit... I just sort of skimmed this whole thing and everyones posts here... but, from what I can gather it goes:  Guy drove to California, bought some pot, drove back, and didnt have insurance or registration or a drivers license etc... a cop pulled him over, took him to jail, and now hes looking at life in jail.  That about right?

    Ok....problem.. HOW can he be sentenced to jail AT ALL... if there is no corpus delecti?  If there is no body claiming loss, harm or injury... then the court itself is missing a needed element to constitute a crime to begin with, not to mention jurisdiction.  No, like I said, maybe I missed something... maybe he ran someone over, or stole something from someone, or something to that effect.... and if so, then I owe you a "whoopsiedaisy"...

   But you cant just go throwing people in jail for "crimes" that the court doesnt even have jurisdiction over.  If there's no EVIDENCE of a complaining party... and no EVIDENCE of loss harm or injury .... then theres no crime....period.  Doesnt matter if its civil or criminal, contract or tort....doesnt matter... not legally speaking anyway.  Now if the judge and the police want to commit crimes like theft, kidnapping, etc... then thats another story.  Idunno... I guess I'm just one of those crazy people who thinks that a product and/or serivce, should not be provided at the barrel of a gun.

Thu, 08/12/2010 - 3:11am Permalink

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