_ | \ | \ | | \ __ | |\ \ __ _____________ _/_/ | | \ \ _/_/ _____________ | ___________ _/_/ | | \ \ _/_/ ___________ | | | _/_/_____ | | > > _/_/_____ | | | | /________/ | | / / /________/ | | | | | | / / | | | | | |/ / | | | | | | / | | | | | / | | | | |_/ | | | | | | | | c o m m u n i c a t i o n s | | | |________________________________________________________________| | |____________________________________________________________________| ...presents... INJUSTICE FOR ALL: A Guide to U.S. Pot Laws by Judy McGuire >>> a cDc publication.......1991 <<< -cDc- CULT OF THE DEAD COW -cDc- ______________________________________________________________________________ Kindly donated to cDc by: *=-- --=* { the } -=/*> Buzzz Bros <*\=- text entry by Major Havoc { } *=-- --=* ("Hey, thanks," says S. Ratte') This article originally appeared in HIGH TIMES, May, 1989. ______________________________________________________________________________ In a hearing held last September, DEA chief administrative law judge Francis L. Young declared marijuana to be "one of the safest therapeutically active substances known to man." Citing reliable medical authorities, Young stated that "There are simply no credible medical reports that suggest that consuming marijuana has caused a single death." Young went on to say, "By contrast, aspirin, a commonly used medicine, causes hundreds of deaths each year." Despite Judge Young's ruling that pot is safer than aspirin, thousands of Americans are persecuted, prosecuted, harassed and jailed each year because of the stigma attached to this relatively harmless drug. The recent passing of the Omnibus Anti-Drug Bill marks the climax of the anti-drug hysteria that has been building for the last eight years. And with the ultra-conservative Bush administration taking over, things don't look as if they'll be improving anytime soon. STATE BY STATE Leaving the new Omnibus Anti-Drug Act and all other federal laws aside, individual states still have widely varying statutes regarding the possession, cultivation, and sale of marijuana. What will get you one year in Tucson, may only get you a small fine in Toledo. Some states, like Oregon, are very lenient when it comes to possession, but watch out if they nail you for growing. Even one plant can get you a 20-year sentence and a $100,000 fine! The discrepancy between laws of different states is confusing, to say the least. Alabama, Alaska, Arkansas, Colorado, Maine, Maryland, Massachusetts, New York, Oklahoma and Oregon are states that distinguish, and give lesser penalties for, persons caught with small amounts deemed for "personal use" in private. The same amount used or displayed in public reaps a harsher penalty. North Dakota and Mississippi both have provisions in their laws for marijuana found in vehicles, making possession violation much more serious; both states change a fine into possible jail time. New Jersey has a two-year loss of driver's license provision attached to its already stiff possession penalty. Quite a few states, Arizona and New Jersey among them, doubled the penalties if the drug violation occurs within 1000 feet of a school even if you are busted for drugs in your own home! It makes no difference if school is in session -- it could be 2 A.M., mid-July, or during recess -- minors don't even have to be anywhere near the bust. On the other hand, it's very possible you might have to spend the rest of your life in jail if you're caught cultivating or selling large amounts of weed in Montana, Missouri, or Nevada. Although it's not quite a life sentence, Arkansas, Connecticut, Oregon, Florida, Louisiana, Virginia, Rhode Island, Texas, Oklahoma, Mississippi and North Carolina slam the large scale grower/salesperson with a possible 30-year incarceration. North Carolina's law has a new mandatory minimum sentence of 35 years for possession, sale, or cultivation of over 10,000 pounds. FORFEITURE Many states have forfeiture provisions written into their drug laws, making properties attached to the drug offenders liable to seizure by the state. On the federal level, the US Customs Service's "Zero Tolerance" crackdown, netted the service a fleet of luxury yachts in the last year. The ever-zealous Coast Guard, which can seize boats found to be carrying even the smallest amount of drugs, confiscated one unlucky man's yacht after finding a few seeds and two stems on board. Possibly the most famous case of boat seizure came when the infamous "Monkey-Business" -- the "love boat" of would-be presidential nominee Gary Hart and paramour Donna Rice -- was impounded after the Coast Guard found one joint on it. Only after paying a hefty fine was the vessel returned to its owners. Forfeiture provisions are not limited to boats. The Federal government can seize property involved in any kind of drug activity. In Illinois, the Justice Department seized a suspected drug-dealer's gas station. They later returned the property to his widow after discovering that the business came with an outstanding $125,000 bill from the Illinois Environmental Protection Agency for emergency cleanup. A Florida man, arrested by the US Border Patrol with a small amount of marijuana and more than $400,000 cash in his car, wound up being with possession of less than one ounce of marijuana -- a charge which was later dismissed -- but ended up losing his bankroll. Government prosecutors deemed that the money should be forfeited because the man was allegedly on his way to purchase a large amount of marijuana -- a charge he denies. After stopping a car for a routine traffic violation, a Florida Highway Patrol trooper confiscated $8,180 in cash when the driver could not give the officer an "acceptable" explanation for carrying such a large wad. The cost of litigation involved in small forfeiture cases often discourages the victim of wrongful seizure from fighting the case in court. State governments usually have different forfeiture guidelines for different amounts and types of drugs. These guidelines include the forfeiture of drug containers, cars, money, and other valuables. But in California and many other states they can't seize your car if it's your family's sole means of transportation. Only 17 states currently have the same type of real estate forfeiture provisions that are already written into Federal Law. This figure is sure to change for the worse in the next few years, so that not only can the US government take your home, but the local sheriff's department can join in the bounty-hunt as well. CONSTITUTION? WHAT'S THAT? Getting illegally-obtained evidence to stand up in court has always been a constitutional nightmare for prosecutors. Illegal searches (those carried out without a warrant or probable cause) are usually considered unconstitutional and the evidence contained from them thrown out of court. However, a recent US Supreme Court decision allowed prosecutors in Florida to introduce evidence gathered by police using a helicopter. The whirly-bird flew 400 feet over a greenhouse that had marijuana plants growing in it, visible only from the sky. The police used the information gathered from the flight to obtain a warrant, but the Florida Supreme Court ruled it an unconstitutional search. The US Supreme Court disagreed -- a fixed-wing aircraft can fly no lower than 500 feet, but since there are no regulations regarding helicopters, this was not considered invasion of privacy. In yet another case of civil rights erosion, a Florida State Court of Appeals ruled that police can search passengers' luggage on public busses at random. No reason necessary -- a funny haircut, suspicious walk, and your privacy is history. THOSE MADCAP POLITICIANS... As if the current climate wasn't hostile enough towards pot smoking citizens, there are always a few politicians ready to make things even more oppressive. For example, the Tennessee Sheriff's Association feels that anyone convicted of hawking drugs to a minor should be executed! This would include first-offense sale of marijuana to a teenager. A bill introduced in the Delaware State Senate would bring back public whippings as punishment for those convicted of drug offenses. Delaware, the last state to abandon the whipping post (in 1952), still had corporal punishment on the books until the early '70s. Democratic leader Senator Thomas B. Sharpe feels that the drug problem is serious enough to warrant restoring this sadistic practice. The ACLU, which vehemently disagrees, is currently investigating the constitutionality of the whipping post. Representative Al Edwards of Texas has a novel, not to mention morbid, idea for dealing with drug dealers. The bill he's sponsoring calls for dealers to lose the tip of a little finger the first time they're convicted. With each subsequent conviction, they would lose a full finger. While these penalties seem farfetched, these are the opinions of the people running this country! Drugs are being used as a scapegoat for the problems that America faces today -- homelessness, AIDS, unemployment, crime, and hunger. The politicians feel it's easier and safer to attack drugs than it is to deal with deeper and more controversial issues. And they don't care if they end up shredding the Constitution to do it. STATE-BY-STATE COMPARISON OF THE MARIJUANA LAWS compiled by the National Organization for the Reform of Marijuana Laws (NORML) ALABAMA Possession: 0-2.2 lbs. For Personal Use: 0-1 yr & $1,000 0-2.2 lbs. Not For Personal Use: 2-15 yrs & $25,000 2.2-2,000 lbs.: 3-15 yrs & $25,000 Over 10,000 lbs.: 15 yrs & $200,000 Cultivation/Sale: 0-2.2 lbs: 2-15 yrs & $25,000 2.2-2000 lbs.: 3-15 yrs & $25,000 2,000-10,000 lbs.: 5-15 yrs & $50,000 Over 10,000 lbs.: 15 yrs & $200,000 ALASKA Possession/Cultivation: Legal for personal use in home Any amount for personal use not in home: 0-$100 Public Display of up to 1 oz. or possession of 4 or more oz.: 0-90 days & $1000 Sale up to 1 oz.: 0-1 yr & $1,000 Over an oz.: 0-5 yrs & $5,000 ARIZONA Possession: Up to 1 lb.: 1.5 yrs & $750-$150,000 1-8 lbs.:4 yrs & $750-$150,000 8 lbs.: 7 yrs & $750-$150,000 Cultivation/Sale: Same as possession for over 1 lb. Arizona also has provisions requiring community service and drug treatment for people convicted for any pot crime. Laws regarding drug sales near schools eliminate any chance of parole until all of the sentence is served as well as imposing a minimum $2,000 fine. ARKANSAS Possession: Up to 1 oz: 0-1 yr & $1,000 1 oz-10 lbs.: 4-10 yrs & $25,000 10-100 lbs.: 6-30 yrs & $100,000 Cultivation/Sale: Up to 1 oz:2-10 yrs & $10,000 Over an oz same as possession charge CALIFORNIA Possession: Up to 1 oz: 0-$100 Over an oz: 0-6 mos & $500 Cultivation: 16 mos-3 yrs Sale: 2-4 yrs COLORADO Possession: Up to an oz in private: 0-$100 In Public: 0-15 days & $100 1-8 oz: 0-2 yrs & $500 8 oz or more: 1-2 yrs Cultivation/Sale: Any amount 2-4 yrs Second Offense possession of any amount over an oz subsequent to a prior pot offense carries a penalty of 6 mos-2 yrs. For 8 or more oz: 3-8 yrs & $2,000-$5,000. CONNECTICUT Possession: Up to 4 oz: 1 yr & $1,000 Over 4 oz: 0-5 yrs & $2,000 Cultivation/Sale: Up to 2.2 lbs: 0-7 yrs & $1,000 Over 2.2 lbs: 5-20 yrs No suspended sentences unless the person is drug dependent. DELAWARE Possession: Up to 50 lbs: 0-2 yrs & $500 50-100 lbs: 3 yrs & $50,000 100-5,000 lbs: 5 yrs & $100,000 Over 5000 lbs: 15 yrs & $400,000 Cultivation/Sale: Up to 50 lbs: 0-10 yrs & $10,000 50-100 lbs: 3-10 yrs & $50,000 100-5,000 lbs: 5 yrs & $100,000 Over 5,000 lbs: 15 yrs & $400,000 FLORIDA Possession: Up to 20 gms: 0-1 yr & $1,000 20 gms-100 lbs: 0-5 yrs & $5,000 100-2,000 lbs: 3-30 yrs & $25,000 Over 10,000 lbs: 15-30 yrs & $200,000 Cultivation/Sale: Up to 20 gms: 0-5 yrs & $5,000 All other amounts: Same as penalties for possession GEORGIA Possession: Up to 1 oz: 0-1 yr & $1,000 1 oz-100 lbs: 1-10 yrs 100-2,000 lbs: 5-10 yrs & $25,000 2,000-10,000 lbs: 7-10 yrs & $50,000 Over 10,000 lbs: 15-30 yrs & $200,000 Cultivation/Sale: Up to 100 lbs: 1-10 yrs All other amounts: Same penalties as for possession HAWAII Possession: Up to 1 oz: 0-30 days & $500 1 oz-2.2 lbs: 0-1 yr & $1,000 Over 2.2 lbs: 0-5 yrs & $5,000 Cultivation/Sale: Up to 1 oz: 0-1 yr & $1,000 All other amount: Same as penalties for possession IDAHO Possession: Up to 3 oz: 0-1 yr & $1,000 Over 3 oz: 0-10 yrs & $10,000 Cultivation/Sale: Up to 3 oz: 0-5 yrs & $1,000 Over 3 oz: 0-5 yrs: 0-5 yrs & $15,000 ILLINOIS Possession: Under 2.5 gms: 0-30 days & $500 2.5-10 gms: 0-6 mos & $500 10-30 gms: 0-1 yr & $1,000 30-500 gms: 1-3 yrs & $10,000 Over 500 gms: 2-5 yrs & 10,000 Cultivation/Sale: Under 2.5 gms: 0-6 mos & $500 2.5-10 gms: 0-1 yr & $1,000 10-30 gms: 0-1 yr & $10,000 30-500 gms: 2-5 yrs & $50,000 Over 500 gms: 3-7 yrs & $100,000 INDIANA Possession: Up to 30 gms: 0-1 yr & $1,000 Over 30 gms but less than 10 lbs: 0-2 yrs & $10,000 Cultivation/Sale: Same penalties as for possession IOWA Possession: Any amount: 0-6 mos & $2,500 Cultivation: Any amount: 0-5 yrs & $2,500 Sale: Any amount: 0-5 yrs & $10,000 KANSAS Possession: Any amount: 0-1 yr & $2,500 Cultivation: Any amount: 0-1 yr & $2,500 Sale: Any amount: 1-10 yrs & $10,000 KENTUCKY Possession: Less than 8 oz: 0-1 yr & $500 8 oz-5 lbs: 1-5 yrs & $2,500 5 lbs or more: 5-10 yrs & $5,000-$10,000 Cultivation/Sale: Penalties are the same as for possession Note: Up to 4 plants is treated as simple possession LOUISIANA Possession: Under 100 lbs: 0-6 mos & $500 100-2,000 lbs: 5-15 yrs & $50,000 2,000-10,000 lbs: 15-25 yrs & $200,000 Over 10,000 lbs: 25-35 yrs & $500,000 Cultivation/Sale: Up to 1.5 oz: 0-1 yr & $1,000 All other penalties same as for possession MAINE Possession: Any amount for personal use up to 1.5 oz: $0-$200 1.5-2 lbs: 0-1 yr & $1,000 2-1,000 lbs: 0-5 yrs & $2,500 Over 1,000 lbs: 0-10 yrs & $10,000 Cultivation/Sale: Up to 1.5 oz: 0-1 yr & $1,000 All other penalties same as for possession MARYLAND Possession/Cultivation: Any personal use amount: 0-1 yr & $1,000 Any other amount, presumed intent to distribute: 5-15 yrs & $15,000 Importation of over 100 lbs into Maryland: 0-25 yrs & $50,000 Second Offense Mandatory 2 yrs, up to 15 yrs & $10,000 MASSACHUSETTS Possession: Any amount for personal use: Probation Cultivation/Sale: 0-2 yrs & $5,000 MICHIGAN Possession: Any amount: 0-1 yr & $1,000 Use: 0-90 days & $100 Cultivation/Sale: 0-4 yrs & $5,000 City of Ann Arbor: Possession under 1 oz: $0-$100 MINNESOTA Possession: Up to 1.5 oz: $0-$100 Over 1.5 oz: 0-3 yrs & $3,000 Cultivation/Sale: Any amount: 0-5 yrs & $30,000 MISSISSIPPI Possession: Up to 1 oz not in vehicle: $100-$250 1 gm-1 oz in vehicle: 0-90 days & $1,000 1 oz-2.2 lbs: 0-2 yrs & $3,000 Over 2.2 lbs: 0-20 yrs & $1,000,000 (1 million!) Cultivation/Sale: Up to 1 oz: 0-3 yrs & $3,000 1 oz-2.2 lbs: 0-20 yrs & $30,000 Over 2.2 lbs: 0-30 yrs & $1,000,000 (1 million!) MISSOURI Possession/Cultivation: Up to 35 gms: 0-1 yr & $1,000 Over 35 gms: 0-5 yrs & $1,000 Sale: Any amount: 5 yrs to life Note: Any marijuana offense while driving punished by license suspension for 1 year MONTANA Possession: Up to 60 gms: 0-6 mos & $500 Over 60 gms: 0-50 yrs & $50,000 Cultivation/Sale: 1 yr to life & $50,000 NEBRASKA Possession: Up to 1 oz: $100 and drug education 1 oz-1 lb: 0-7 days & $500 Over 1 lb: 0-5 yrs & $10,000 Cultivation/Sale: Any amount: 0-15 yrs & $10,000 NEVADA Possession: Up to 1 oz by a person under 21: 0-6 yrs & $2,000 Up to 100 lbs by an adult: probation-6 yrs & $5,000 100-2,000 lbs: 3-20 yrs & $25,000 2,000-10,000 lbs: 5-20 yrs & $50,000 Over 10,000 lbs: 5 yrs to life & $200,000 Cultivation/Sale: Up to 100 lbs: 1-15 yrs & $5,000 All other penalties are the same as for possession NEW HAMPSHIRE Possession: Up to 1 lb: 0-1 yr & $1,000 Over 1 lb: 0-7 yrs & $2,000 Cultivation/Sale: Any amount: 0-15 yrs & $2,000 NEW JERSEY Possession: under 50 gms: 0-6 mos & $750 and 2 year driver license suspension Over 50 gms: 0-5 yrs & $15,000 Cultivation/Sale: 0-5 yrs & $15,000 New Jersey also has provisions for doubling penalties if they occur within 1000 feet of a school, and strengthened penalties for people that employ minors in the drug trade. NEW MEXICO Possession: Up to 1 oz: 0-15 days & $100 1-8 oz: 0-1 yr & $1,000 8 oz-100 lb: 0-18 mos & $5,000 Over 100 lbs: 3 yrs & $5,000 Cultivation: Any amount: 9 yrs & $10,000 Sale: 1 gm-100 lbs: 18 mos & $5,000 Over 100 lbs: 3 yrs & $5,000 NEW YORK Possession: Up to 25 gms in private: $0-$100 25 gms-2 oz: 0-3 mos & $500 2-4 oz: 0-1 yr & $1,000 4-8 oz: 0-4 yrs 1-10 lbs: 0-7 yrs Over 10 lbs: 0-15 yrs Cultivation: Up to 4 oz: 0-1 yr & $1,000 4-8 oz: 0-1 yr & $10,000 8 oz-1 lb: 0-4 yrs 1-10 lbs: 0-7 yrs Over 10 lbs: 0-15 yrs Sale: Up to 25 gms: 0-1 yr & $1,000 25 gms-4 oz: 0-4 yrs 4 oz-1 lb: 0-7 yrs Over 1 lb:0-15 yrs NORTH CAROLINA Possession: Up to 1 oz: 0-30 days & $100 suspended drivers license Over 1 oz: 0-2 yrs & $2,000 Cultivation/Sale: Penalties names as possession of over 1 oz The following mandatory minimum sentences are provided for trafficking offenses: Over 50 lbs but less than 100 lbs: 5 yr minimum Over 100 lbs but less than 2,000 lbs: 14 yr minimum, 20 yr maximum Over 10,000 lbs: 35 yr minimum, 40 yr maximum NORTH DAKOTA Possession: Up to .5 oz not in vehicle: 0-30 days & $500 conditional .5 oz-1 oz not in vehicle, or .5 oz in vehicle: 0-1 yr & $1,000 Over 1 oz: 0-5 yrs & $5,000 Cultivation/Sale: Any amount: 0-10 yrs & $10,000 OHIO Possession: Up to 100 gms: $0-$100 100-200 gms: 0-30 days & $250 200-600 gms: 6 mos-5 yrs & $2,500 Over 600 gms: 1-10 yrs & $5,000 Cultivation/Sale: Up to 200 gms: 6 mos-5 yrs & $2,500 200-600 gms: 1-10 yrs & $5,000 Over 600 gms: 2-15 yrs & $7,500 OKLAHOMA Possession: Any amount for personal use: 0-1 yr Cultivation: Any amount: 2-10 yrs & $50,000 Sale: Less than 25 lbs: 2-10 yrs & $20,000 25-1,000 lbs: 2-10 yrs & $25,000-$100,000 Over 1,000 lbs:1-10 yrs & $100,000-$500,000 OREGON Possession: Up to 1 oz: $0-$100 Over 1 oz: 0-10 yrs & $2,500 Cultivation/Sale: Any amount: 0-20 yrs & $15,000 PENNSYLVANIA Possession: Up to 30 gms: 0-30 days & $500 Over 30 gms: 0-1 yr & $5,000 Cultivation/Sale: Any amount: 10-30 yrs & $50,000 RHODE ISLAND Possession: Less than 1 kg: 0-1 yr & $250 More than 1 kilo: 10 yr mandatory minimum Cultivation/Sale: Any amount: 10-30 yrs & $50,000 SOUTH CAROLINA Possession: Up to 1 oz: 0-30 days and $200 Over 1 oz: 0-5 yrs & $5,000 Cultivation/Sale: Penalties same as possession for over 1 oz SOUTH DAKOTA Possession: Up to 1 oz: 0-30 days & $100 1 oz-1 lb: 0-1 yr & $1,000 1-10 lbs: 0-2 yrs & $2,000 Over 10 lbs: 0-10 yrs & $10,000 Cultivation/Sale: Up to 1 lb: 0-1 yr & $1,000 1-10 lbs: 0-2 yrs & $2,000 Over 10 lbs: 0-10 yrs & $10,000 Note: Penalty for cultivation under 1 oz same as possession under 1 oz TENNESSEE Possession: Up to 10 lbs: 0-1 yr & $1,000 Over 10 lbs: 4-10 yrs & $10,000 Cultivation/Sale: Up to .5 oz: 0-1 yr & $1,000 .5 oz-10 lbs: 4-10 yrs & $10,000 Note: Cultivation carries mandatory 1 year minimum sentence TEXAS Possession: Up to 2 oz: 0-6 mos & $1,000 2-4 oz: 0-1 yr & $2,000 4 oz-5 lbs: 2-10 yrs & $5,000 5-50 lbs: 2-20 yrs & $10,000 Cultivation/Sale: Under 2 oz: 0-1 yr & $1,000 Over 2 oz: Same penalties as for possession Texas also has very strict mandatory minimum sentences for amounts over 50 lbs and sale to minors UTAH Possession: 0-6 mos & $300 Cultivation/Sale: 0-5 yrs & $5,000 VERMONT Possession: Up to .5 oz: 0-6 mos & $500 .5-2 oz: 0-3 yrs & $3,000 Over 2 oz: 0-5 yrs & $5,000 Cultivation/Sale: Any amount: 0-5 yrs & $5,000 VIRGINIA Possession: Up to 5 lbs: 0-30 days & $500 Cultivation: Up to 5 lbs: 0-30 days & $500 Over 5 lbs: 5-30 yrs Sale: Up to .5 oz:0-1 yr & $1,000 .5 oz-5 lbs: 0-10 yrs & $1,000 Over 5 lbs: 5-30 yrs WASHINGTON Possession: Up to 40 gms: 0-90 days & $250 Over 40 gms: 0-5 yrs & $10,000 Cultivation/Sale: Any amount: 0-5 yrs & $15,000 WEST VIRGINIA Possession: Up to 15 gms: conditional discharge Over 15 gms: 90 days-6 mos & $1,000 Cultivation/Sale: Any amount: 1-5 yrs & $15,000 WISCONSIN Possession: Any amount: 0-30 days & $500 Cultivation/Sale: Any amount 0-5 yrs & $15,000 City of Madison: Possession: $0-$100 WYOMING Possession/Cultivation: Any amount: 0-6 mos & $1,000 Sale: Any amount: 0-10 yrs & $10,000 *=-- --=* { } -=*/> Buzzz Bros. <\*=- { MCMXC } *=-- --=* "Freedom Is A Road Seldom Traveled By The Multitude" __________________ Special thanks to: ___________________ HIGH TIMES (bud smokers' bible) Marlboro Cigarettes Faith No More N.W.A. -and- Public Enemy _ _ ____________________________________________________________________ /((___))\|Demon Roach Undrgrnd.806/794-4362|Grassroots..............new # soon| [ x x ] |NIHILISM.............513/767-7892|The People Farm.......916/673-8412| \ / |Tequila Willy's GSC..209/526-3194|The Works.............617/861-8976| (' ') |Lunatic Labs.........213/655-0691|Ripco.................312/528-5020| (U) |====================================================================| .ooM |1991 cDc communications by Judy McGuire. 01/03/91-#150| \_______/|All Rights Pissed Away. |