The State of Florida, which imposes some of the harshest marijuana laws in the nation, earlier this year passed HB173/SB390 which Governor Charlie Crist signed into law. It is described by the Marijuana Policy Project as a bill which "carelessly lumps real drug dealers and small time offenders into the same category by creating the ridiculous judicial presumption that as few as 25 marijuana plants - one-fourth the amount the federal government considers a trafficking threshold - makes one a "drug trafficker..... This new law puts Florida even further ahead of the draconian pack as the Sunshine State can now claim a trafficking standard four times as tough as the federal government's!"
HB173/SB390 dropped the threshold for the presumption of drug trafficking from 300 plants, and now contends that 25 cannabis plants is "prima facie" evidence of intent to sell or distribute, and is a second degree felony carrying a maximum penalty of 15 years in jail and a $10,000 fine. "Prima facie" is defined as follows, "at first appearance, at first view, before investigation; plain or clear, self-evident, obvious."
Someone who simply has planted and grown 25 or more cannabis plants is regarded by Charlie Crist and the State of Florida in the same category with someone who has committed vehicular homicide, someone convicted of shooting or throwing a deadly missile into a dwelling, someone who has committed unlawful sexual activity with a minor, and certain forms of arson, all crimes of violence or abuse of another person.
Florida's laws for simple possession of marijuana are just as imbalanced. In the State of Florida, if you are in possession of 20 grams or less of the evil substance, or even paraphernalia, you are guilty of a first degree misdemeanor (a misdemeanor of the highest level), and face up to one year in prison and a $1,000 fine. Caught with less than three-quarters of an ounce of marijuana and you're lumped together with people charged with battery, cyberstalking, assault on a law enforcement officer or public servant, improper exhibition of a weapon or firearm, discharging a firearm in public, exposure of sexual organs, some forms of arson, some forms of criminal mischief, voyeurism, cruelty to animals, and perjury, just to name a few.
If you are in possession of one ounce of marijuana, you face third degree felony charges which could land you in jail for up to five years, and cost you a $5,000 fine. For the simple possession of 21 grams of cannabis, three-quarters of an ounce of marijuana, you are considered as dangerous as someone who commits aggravated assault, felony battery, a stalker, battery of a law enforcement officer or public servant, armed trespassing, child abuse or child neglect, cruel death to animals, resisting an officer, aggravated assault of a public servant, battery on a person 65 or older, false imprisonment of another person, and carrying a concealed weapon.
While other states are recognizing the benefits of medical marijuana, and decriminalizing non-violent, simple possession of marijuana and in some cases the cultivation of a small number of cannabis plants for personal use, Florida's lawmakers and governor are getting tougher, and want to fill their over-crowded prisons even more. In the case of Florida, the crime certainly does not justify the punishment, and considering the amount of violence in some South Florida neighborhoods, they would be wise to focus their law enforcement efforts and resources on fighting violent crime as opposed to non-violent crime.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Examiner.com
Author: William Skordelis
Contact: Examiner.com
Copyright: 2009 Clarity Digital Group LLC d/b/a Examiner.com
Website: Florida's Imbalanced Marijuana Laws
HB173/SB390 dropped the threshold for the presumption of drug trafficking from 300 plants, and now contends that 25 cannabis plants is "prima facie" evidence of intent to sell or distribute, and is a second degree felony carrying a maximum penalty of 15 years in jail and a $10,000 fine. "Prima facie" is defined as follows, "at first appearance, at first view, before investigation; plain or clear, self-evident, obvious."
Someone who simply has planted and grown 25 or more cannabis plants is regarded by Charlie Crist and the State of Florida in the same category with someone who has committed vehicular homicide, someone convicted of shooting or throwing a deadly missile into a dwelling, someone who has committed unlawful sexual activity with a minor, and certain forms of arson, all crimes of violence or abuse of another person.
Florida's laws for simple possession of marijuana are just as imbalanced. In the State of Florida, if you are in possession of 20 grams or less of the evil substance, or even paraphernalia, you are guilty of a first degree misdemeanor (a misdemeanor of the highest level), and face up to one year in prison and a $1,000 fine. Caught with less than three-quarters of an ounce of marijuana and you're lumped together with people charged with battery, cyberstalking, assault on a law enforcement officer or public servant, improper exhibition of a weapon or firearm, discharging a firearm in public, exposure of sexual organs, some forms of arson, some forms of criminal mischief, voyeurism, cruelty to animals, and perjury, just to name a few.
If you are in possession of one ounce of marijuana, you face third degree felony charges which could land you in jail for up to five years, and cost you a $5,000 fine. For the simple possession of 21 grams of cannabis, three-quarters of an ounce of marijuana, you are considered as dangerous as someone who commits aggravated assault, felony battery, a stalker, battery of a law enforcement officer or public servant, armed trespassing, child abuse or child neglect, cruel death to animals, resisting an officer, aggravated assault of a public servant, battery on a person 65 or older, false imprisonment of another person, and carrying a concealed weapon.
While other states are recognizing the benefits of medical marijuana, and decriminalizing non-violent, simple possession of marijuana and in some cases the cultivation of a small number of cannabis plants for personal use, Florida's lawmakers and governor are getting tougher, and want to fill their over-crowded prisons even more. In the case of Florida, the crime certainly does not justify the punishment, and considering the amount of violence in some South Florida neighborhoods, they would be wise to focus their law enforcement efforts and resources on fighting violent crime as opposed to non-violent crime.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Examiner.com
Author: William Skordelis
Contact: Examiner.com
Copyright: 2009 Clarity Digital Group LLC d/b/a Examiner.com
Website: Florida's Imbalanced Marijuana Laws
Ridiculous Idiots.
