Comments on: A big win for war on drugs

By: The war on drugs: Making friends customers | a public defender

The war on drugs: Making friends customers | a public defender — Tue, 21 Oct 2008 12:16:33 +0000

[...] seems to be a continuing display of wisdom, reversed. [This decision is not to be confused with the other gem from a few months ago, which makes it illegal to share [...]

By: Gideon

Gideon — Tue, 22 Jul 2008 00:39:33 +0000

Yeah, it’s been the law in CT for a bit, too. I found case law from the CT Supreme Court on it, stating that distribution is the same as sale.

Doesn’t make it right, though.

By: Greg Jones

Greg Jones — Fri, 18 Jul 2008 19:00:14 +0000

The same thing’s been the law in Michigan for years

By: talithajd

talithajd — Fri, 18 Jul 2008 15:56:22 +0000

In Alabama, we don’t have this question as the legislature has helpfully answered it for us:

Section 13A-12-211
Unlawful distribution of controlled substances.
(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V.

(b) Unlawful distribution of controlled substances is a Class B felony.

I have actually had to defend a case where the D passed a joint at a concert. Wasn’t her joint to begin with but she received it then gave it away/delivered it to another person.

By: gerard

gerard — Fri, 18 Jul 2008 13:24:32 +0000

As much as I hate to say it, this is actually an argument FOR special legal words that use normal people can’t understand. Any commonly used word is going to have evolving and changing meanings. This opens the door to decisions such as this.

By: SPO

SPO — Fri, 18 Jul 2008 04:40:12 +0000

I wonder what Scalia would say about this. Probably toss the conviction on rule of lenity grounds.