Boire - Marijuana Law

Second Edition

by Richard Glen Boire

Attorney at Law

Marijuana Law, Second Edition

ISBN: 0-914171-86-0

Copyright 1993, 1996 by Richard Glen Boire

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical including photocopying, recording, or by any information storage and retrieval system, without written permission from the publisher, except for the inclusion of brief quotations in a review.

Published by

Ronin Publishing, Inc.

Post Office Box 22900

Oakland, California 94609

www.roninpub.com

First Edition 1993

Second Edition 1996

9 8 7

Project Editors: Sebastian Orfali, Beverly Potter
Manuscript Editors: Aiden Kelly, Sebastian Orfali, Dan Joy
Layout and Design: William Capps III
Cover: Brian Groppe

U.S. Library of Congress Cataloging in Publication Data
Boire, Richard Glen, 1964

Marijuana law/by Richard Glen Boire.

p. cm.

Includes index.

ISBN 0-914171-86-0: $1.95

1. MarijuanaLaw and legislationUnited StatesPopular works.

2. Criminal procedureUnited StatesPopular works.

I. Title., 1996

KF3891.M2B65 1993, 1996

345.73 0277dc20 93192

[347.305277] CIP

DEDICATION

For all my relations

If a nation expects to be ignorant and free, it expects what never was and never will be.... The people cannot be safe without information. Where the press is free, and every man able to read all is safe.

Thomas Jefferson

C URRENTLY, over 30 million people in the United States regularly smoke marijuana. Many smoke to unwind after a busy day, to relieve stress, or simply for fun. Some smoke for spiritual reasons such as to assist in meditation, to be more conscious of the present moment, or to enhance their awareness at all levels. Others, suffering from AIDS, cancer, chronic pain, glaucoma, and stomach ailments, smoke marijuana because they find it to be an effective, safe, and inexpensive treatment for their condition.

Despite the fact that the vast majority of marijuana smokers are otherwise law-abiding and productive citizens, the federal government, as well as every state, has chosen to make even the possession of marijuana a crime, and has vowed to fight the War on Drugs. As a result, in the average year, 400,000 people are arrested on some type of marijuana charge.

Perhaps recognizing the impact of this war on individual liberties, the Wars leader has officially been labeled the Drug Czar. The Czars field commanders in the War are agents of the Drug Enforcement Administration and various state law-enforcement agencies. Indicative of the commanders vilification of marijuana and those who smoke it is a statement made by outgoing Los Angeles Chief of Police, Daryl Gates, who in testimony before the Senate Judiciary Committee stated that he favored the death penalty even for casual users of marijuana.

Fortunately, because our nations founders rebelled against a government they perceived as tyrannical, they had the foresight to create the Bill oi Rights. Those first ten amendments to the Constitution (especially the Fourth Fifth, and Sixth Amendments) protect citizens in the United States from overzealous government officials such as Mr. Gates. Unfortunately, caught up in the fervor of their misguided attempt to win the war on drugs, police and drug agents consistently trample the Bill of Rights. This blatant disregard often goes unresisted because citizens are ignorant of their rights and therefore fail to assert them.

As the quotation by Thomas Jefferson above so eloquently states, citizens must be informed of their rights in order to preserve them and remain free. The purpose of this book is to inform marijuana users of their rights and how to protect and assert them.

This book is based on both federal and state law. The federal law is applicable to all people in the U.S. regardless of their state of residence. The state law discussed will likewise be applicable to just about every reader, regardless of his or her state of residence. Forty-eight states, as well as the District of Columbia, have adopted the same basic anti-drug laws known as the Uniform Controlled Substances Act or the Uniform Narcotic Drug Act. In these states, the laws are generally identical except with respect to sentencing. The only two states that have not adopted the U.C.S.A. or U.N.D.A. are New Hampshire and Vermont; however, the law in those states is nearly identical to that in all the others.

After reading this book, you will be armed with a thorough understanding of your legal rights in general and specifically with regard to marijuana. An emphasis will be placed on protections under the United States Constitution. For example, you will learn when a police officer can legally stop you, when he can search you, when you have to be read your rights, what to do if an officer comes to your home with a search warrant, and how to counter many questionable police tactics simply by knowing and asserting your rights.

Many of the examples in this book are taken from actual court cases. Occasional factual changes have been made to help illustrate particular principles.

As a final comment, I should note that although this book was initially written in the early part of 1992 and completely updated and revised in late 1996, the law is always changing. Therefore, if you retain a lawyer to defend you on a marijuana charge you should follow his or her advice whenever it conflicts with this book.

Best of Luck.

R.G.B.

T HE AUTHOR and publisher have exhaustively researched many sources to ensure accuracy and completeness of the information contained in this book. However, readers should be warned that the law is constantly changing. The author and publisher assume no responsibility for errors, inaccuracies, omissions, or inconsistency herein. Readers should use their own judgment or consult with a criminal-defense attorney for specific advice regarding an arrest or detention for a marijuana-related crime.

T HE SECOND EDITION of this book contains almost twice as much information than the first edition. While much can be gained by reading this book in a straight line from cover to cover, I have purposely written it so that it can also be read in a modular fashion. As a result, while most information on any given topic will be found under a single heading, some will also be found under associated topics. The index is the best map to the contents, and should be consulted to make sure that you have found all the information on a given topic.

This edition captures the range of legal happenings currently composing the edifice of law facing marijuana smokers. Ive tried to include cases from across the country not only to make the book helpful to more people, but also to give every reader a feel for how the rules seem to be trending. As you read this book, you will come across some cases discussed with reference to the federal circuit court deciding the case. It turns out that while referring to the circuit court by name adds some unwanted legalese to the book, its a lot simpler than listing all the states in which the courts decision is binding. Therefore, unless you already know which judicial circuit you live in, I encourage you to quickly flip to Appendix D and determine your federal judicial circuit. Then, when you read about a particular federal case you will know whether the case is binding on the federal courts for your jurisdiction. Remember, however, that even if a particular federal case was not decided by your circuit court, the decision in that case will signal how a federal court in your jurisdiction is likely to rule if presented with a factually similar case for the first time.