cannabisnews.com: Bill Would Penalize People for Being High





Bill Would Penalize People for Being High
Posted by CN Staff on March 10, 2004 at 09:52:36 PT
By Graham Wood
Source: Columbia Missourian 
Missourians under the influence of drugs could be arrested for being high if a proposed House bill is passed. Reps. Brian Baker, R-Belton, and Therese Sander, R-Moberly, proposed House Bill No. 983, which would make it a Class A misdemeanor to be under the influence of a controlled substance.Current law prohibits only the possession, purchase, distribution or manufacturing of a controlled substance. Baker said drug laws contain a “loophole” that prohibits police from charging someone with a drug violation without physical evidence.
Under the proposed legislation, for example, police could arrest someone for being under the influence of cocaine even without physical evidence that the person was in possession of the drug.Baker said the bill is a protective measure to keep people from engaging in drug use.“This closes that loophole,” Baker said.Capt. Mike Martin, investigative commander for the Columbia Police Department, said the bill would help strengthen laws against driving while under the influence of drugs, which can be just as dangerous as drunken driving. But he predicted no change in the department’s investigative procedures if the bill were to pass.“I think we would continue to do the things that we’re doing,” Martin said.He said the department employs three drug recognition experts, or DREs, who help determine whether someone is under the influence.One of those experts, Candy Corman, said that in addition to looking for obvious signs of impairment, DREs measure the blood pressure and pulse rates of people suspected of being on drugs. Measurements that are abnormally high could be a sign of drug intoxication, Corman said.DREs also look for “clinical indicators of actions, “such as teeth grinding and fidgety movement.Corman echoed Martin’s opinion that the bill “might make officers more aware” of the importance of enforcing laws against driving while intoxicated.Some Columbia residents were unimpressed with the proposed legislation.Brandy Stallman, who works at the Columbia Mall, said that people have used drugs for social and recreational purposes for centuries. The proposed bill would do nothing to change that, she said.“It’s just ridiculous,” Stallman said of HB 983. “Nothing has stopped people (from using drugs) so far.”Tim Colbert, a Columbia resident who was shopping at the mall on a recent afternoon, said the bill could help keep drivers who are under the influence off the road. He said poor driving performance is an indicator of drug impairment, so officers should be able to arrest someone based on those observations.However, Colbert said, “police could abuse the law.” He said police should not be allowed to arrest someone because “they look suspicious. To me, that’s not proof.”The bill has been referred to the House Committee of Crime Prevention and Public Safety, but a vote on the measure has yet to be scheduled. Note: Sponsors say that they want to close a “loophole” in current drug laws. Source: Columbia Missourian (MO)Author: Graham WoodPublished: March 10, 2004 Copyright: 2004 Columbia MissourianContact: editor digmo.com Website: http://www.digmo.com/Related Articles:Porter To Push for States To Punish Drug DUIshttp://cannabisnews.com/news/thread18471.shtmlAuthorities Target Driving While Druggedhttp://cannabisnews.com/news/thread17320.shtml
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Comment #18 posted by afterburner on March 28, 2004 at 11:00:56 PT:
Uh, No!
"Capt. Mike Martin, investigative commander for the Columbia Police Department, said the bill would help strengthen laws against driving while under the influence of drugs, which can be just as dangerous as drunken driving."'Medical Marijuana and Driving:
A Review of the Scientific Evidence'A 2002 review of seven separate studies involving 7,934 drivers reported, "Crash culpability studies have failed to demonstrate that drivers with cannabinoids in the blood are significantly more likely than drug-free drivers to be culpable in road crashes." This result is likely because subject under the influence of marijuana are aware of their impairment and compensate for it accordingly, such as by slowing down and by focusing their attention when they know a response will be required. This reaction is just the opposite of that exhibited by drivers under the influence of alcohol, who tend to drive in a more risky manner proportional to their intoxication. 'View cannabis driving studies'
http://www.norml.org/index.cfm?Group_ID=5450 
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Comment #17 posted by billos on March 11, 2004 at 17:14:23 PT:
Or this?????
In the autumn of 2005, several weeks after the beginning of the war with cannabis, mass liquidations took place daily. Well over 6,000 were elimated from society, but their names, etc. were not registered.13 
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Comment #16 posted by billos on March 11, 2004 at 17:10:44 PT:
Bush...is this what we get in the next four years?
§ 11 Any person who at work, in the living quarters, kitchen workshops, toilets or rest places engages in subversive politics, holds provocative speeches, congregates with others for this purpose, forms cliques, loiters, collects or receives or buries information, repeats or smuggles out of the camp by means of a note or some other method to a camp visitor information, either true or false, concerning the camp, to be used in our enemies horror propaganda, or who sends written or verbal message through released or transferred prisoners, conceals them in items of clothing or other objects, throws them over the wall, writes coded messages, or any person who in order to incite rebellion climbs onto the roof of the huts or up trees, or transmits signals with a lamp or by any other means, seeks outside contact, or advises, supports or aidsothers in escape or crime, will be hanged as a subversive instigator under the terms of the revolutionary law. 9 
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Comment #15 posted by OverwhelmSam on March 11, 2004 at 16:02:06 PT:
Loretta Nall Did It
Loretta Nall President of the US Marijuana Party challenged her misdeomeaner charges, was railroaded at trail and has an appeal pending. I have full faith that her misdeomeaner charge will be overturned at the appealate level. And she's fighting a charge of possession of .87 grams!People are so quick to give up plead guilty and pay the fine. Rolling over like this just perpetuates the war against marijuana. If I get caught, I'm fighting the charges.
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Comment #14 posted by fearfull on March 11, 2004 at 11:05:23 PT
Sam You are so right with this.
I think it could be done, might not need to do the harassment thing even..only problem is giving people the courage to follow through, need a lot of "Good" lawyers.
When you come right down to it people are too scared to fight, just pay the fine get on with your life...Get the word out to get a lawyer (court appointed even) and demand a jury trial to fight every charge for misdeomeaner marijuana possession. The resultant back log in the prosecutors offices across the country will be the straw that breaks the prohibitionists backs.........
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Comment #13 posted by jose melendez on March 11, 2004 at 07:40:29 PT
overwhelmsam
I agree. We need the Art Garfunkels and Snoop Dogs of the world to fight back with countersuits for each count of this unlawful restraint of freedoms and trade. I need a lawyer. HELP WANTED: Cannabis activist seeks to mount Constitutional and common antitrust law challenge to the legal status of Cannabis Sativa L.see rxpot.com, then contact me with constructive suggestions at airjos yahoo.comWage peace, drug war is already illegal.
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Comment #12 posted by OverwhelmSam on March 11, 2004 at 06:42:52 PT:
The Solution Is So Simple
Get the word out to get a lawyer (court appointed even) and demand a jury trial to fight every charge for misdeomeaner marijuana possession. The resultant back log in the prosecutors offices across the country will be the straw that breaks the prohibitionists backs.Let me reiterate, publicize information on fighting every criminal charge, especially if it's just a misdeomeanor. Then if you're arrested and no charges are filed, sue the federal/county/municipality involved for harassment.It's sooooo simple.
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Comment #11 posted by kaptinemo on March 11, 2004 at 01:27:46 PT:
Petard's quite right...and it WILL get worse
The gains we have made in the public opinion arena - due largely to the anti's brutal tactics of attacking the sick and dying and calling it 'public safety measures' - have driven the antis to try to retake the field.However, they are now facing a public that has been somewhat educated by observing that the vast majority of those the police arrest for cannabis are hardly the 'super-predators' that are the anti propagandists stock-in-trade. So they must once again use the hoary old 'public safety' scarecrow to incite the somnambulists amongst the public to blearily rouse themselves and bleat in mindless support.The problem here is now the police are moving into territory which will allow them to abuse the powers given them with greater ease...thus, guaranteeing that abuse. The more upright citizens caught in their nets of baseless suspicion, the more eventual converts we shall have. The more who suffer the anger and humiliation caused by contact with the police, *just on their groundless suspicion*, the more who will challenge the tenets they've always taken for Gospel. Just as what happened in California with the WAMM raid and the Rosenthal trial, the more they try to slap the cannabis Tar Baby, the more limbs get stuck to it. The more the average citizen begins to see that the prohibitionist forces are more concerned with their paychecks than actual public safety. (Many citizens would be shocked and angered at the attitudes evinced amongst many police: I once overheard an Ocean City, Maryland cop proclaim there are only two kinds of 'civilians': *ssholes and victims. And the understanding was that you had to be an *sshole to allow yourself to become a victim. Nice sentiments to be expressed by those who live off our taxes.)Yes, they *are* getting desperate, and we can expect even greater pressures to develop. But as usual, the more intelligent of them know; they can read the writing on the wall quite clearly. They see it coming, so they are trying to - once again - define the rules in their favor prior to the change, hoping to maintain some control. And they'll lean as hard as they can until they either get what they want or are defeated in court.
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Comment #10 posted by Petard on March 10, 2004 at 20:09:59 PT
End is nigh, escalation tactics
The end of Prohibition v2.0 is under heavy attack and the forces of prohib are retreating into their fortified positions trying to make a desperate last stand. In their desperation they're cutting off their noses to spite their faces. Tactics like possession of metabolites being treated the same as under the influence, and increased testing and indoctrination of the very young, are desperate acts by desperate despots.It was reported today the measly 21,000 jobs "created" in Feb. 2004 were ALL government jobs, hiring by state, local, and the Fed, nothing but continued job loss from the private sector. The local news this evening has entered the piss testing foray, broadcasting selected "facts" regarding approx. 40% of local companies currently test and expectations are for a sudden increase to 80% foreseeable. And I'm in a state that has technically legalizd MMJ, just never bothered to actually set up the "regulatory" office for it. A state with the highest per capita rate of incarceration and one of the highest unemployment rates, as well as one of the worst ranked educational systems. A state with a large area that is still waiting for telephone lines to be installed, a state without minimum educational requirements for LEO's. A state where many residents still have dirt floors, where some of the more "affluent" metropolitan areas per capita income is only $23,000/year.Yes folks, it seems Nero has been reincarnated and taken up music again. 
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Comment #9 posted by ekim on March 10, 2004 at 19:51:19 PT
come one come all to the 33 Annual Hash Bash
while citys like Ann Arbor MI give a ticket these other places are spending there taxpayers moneies like water.HASH BASH April 3. High Noon U.M. Diag. Screening of Busted at 5pm at the Henderson Room. in the Michigan League Building. Fletcher St.
http://www.minorml.org
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Comment #8 posted by BGreen on March 10, 2004 at 19:16:08 PT
More Shite From Missouri
It seems like a simple solution: why not charge inmates for their stay in the Greene County Jail?***********************************************************Marijuana possession alone, Moore said, accounted for about 750 misdemeanor cases a year. Combined with a couple of dozen other types of cases — mostly misdemeanors — Moore hopes to hand more than 2,000 cases a year over to the municipal court system.In researching this arrangement, Moore made a surprising discovery: Springfield currently has no city ordinance against misdemeanor possession of a controlled substance. The City Council would have to adopt an ordinance before Moore could send possession cases to city judges, he said.Slave labor is what they want. Arrest them and then make them pay for the "privilege" of being caged like animals.The Reverend Bud Green
Greene County gets creative to make up for failure of tax
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Comment #7 posted by BGreen on March 10, 2004 at 18:02:52 PT
Boycott Missouri, Mayan?
Our leaders are just as stupid and evil as every other state in the police states of amerika.I refuse to vacation anyplace within the PSA.Missouri is controlled by Anheuser-Busch. Stop drinking their swill!The Reverend Bud Green
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Comment #6 posted by mayan on March 10, 2004 at 17:40:47 PT
Sue them...
If this passes people should fight it tooth and nail if they get popped. What is it with these republicans who are supposedly "conservative" but keep on intruding into people's lives? Remember these names and show them the door when the time comes. Also, boycott Missouri. I was going to go there late in the summer but if this passes I won't. I will never go to that state again and spend my money. Hit em' where it hurts!
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Comment #5 posted by fearfull on March 10, 2004 at 11:30:59 PT
Next 
Next, "he was thinking about getting high"
or "he was thinking about Imagine by John Lennon", John Lennon did not exsist, you are imagining things, you are feeling sleepy, you will conform.......I'm waiting for them to start changing the history taught in schools, indoctrinating the young, it may already be too late....!
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Comment #4 posted by FoM on March 10, 2004 at 10:49:14 PT
What I Really Mind
Where is personal responsibility in a free society? All of these laws are only to protect insurance companies from paying out big claims and to make money for pharmaceutical companies that sell drug testing kits. It isn't about making America a safer place but is to serve these special interest groups. If someone is high and causes an accident then they will have to pay for what they did but isn't that one of reasons why we have insurance?  Reality is that we have lots of people on this earth and lots of high speed cars and accidents will happen. The more congestion we have on the highways the more accidents. That's reality.
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Comment #3 posted by Dark Star on March 10, 2004 at 10:35:16 PT
Per Se is Personal
These are what is known as per se laws: any trace of material in the body makes a person guilty irrespective of intent or effect. Thus, any legal cannabis patient, such as Angel Raich under current court rulings, could face arrest for cannabis metabolites in the blood.
This kind of ruling has no medical basis. The only thing that matters is impairment. If someone is wobbly and impaired, they should not be on the road. Blood does not tell you this necessarily, but observation by a trained person will. There should not be any shortcuts to law enforcement when a person's freedom and livelihood are at risk. Any such law should fairly apply to the person on prescription drugs (benzodiazepines) or over-the-counter agents that obviously cause sedation (antihistamines). In the end, more accidents are caused by drowsy drivers than anything else. We should support laws that are sensible, improve the public welfare, and do not discriminate against the populace on ideological grounds. Health- Yes! Witch Hunts- No!
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Comment #2 posted by drfistusa on March 10, 2004 at 10:07:18 PT
So what about probabe cause?
buying munchies , or red eyes, or ????? or "looking stoned" or being black or brown.
this should fill the jails!!
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Comment #1 posted by FoM on March 10, 2004 at 10:05:12 PT
News Article About Ed Forchion
Latest Court Fight a Buzz Kill For "Weedman"March 10, 2004 By Jim Edwards, New Jersey Law Journal The string of courtroom victories this year by Ed "NJ Weedman" Forchion ended last Monday when a judge ruled that he cannot recover damages for having been wrongfully imprisoned for advocating the legalization of marijuana while in the Intensive Supervision Program. U.S. District Judge Joseph Irenas, who released Forchion from jail in January, restated last week that it was an unconstitutional infringement of the jailhouse lawyer's free speech when ISP officers arrested him. But Irenas found that the state officials had qualified immunity from suit because there was no clear prohibition on arresting those serving out drug convictions on ISP if they advocate drug law reform. Complete Article: http://www.nylawyer.com/news/04/03/031004l.html
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