cannabisnews.com: Court Says No Jail for Drug Paraphernalia





Court Says No Jail for Drug Paraphernalia
Posted by FoM on January 18, 2002 at 11:12:23 PT
By Tom Jackson King, Managing Editor
Source: Eastern Arizona Courier
The tug-of-war between Prop 200 advocates who object to criminalizing small-scale drug use and local prosecutors who see smoking a joint as the road to ruin got hotter recently when the Arizona Supreme Court exempted drug paraphernalia from jail time.Previously, first-time users of marijuana, meth, cocaine or other drugs could not be sentenced to jail, but faced only probation and a fine -- because of Prop 200. 
However, some prosecutors in the state sought to tack on county jail time by getting a drug paraphernalia conviction, arguing that paraphernalia is not mentioned in Prop 200.That prosecution tool has now gone up in smoke.The Nov. 15, 2001, decision in Arizona vs. Estrada held that "paraphernalia that is or could have been charged is Prop 200 eligible," said Greenlee County Attorney Derek Rapier."If you're caught with a pipe and your meth, you don't go to jail. If you're caught with a pipe alone, you can go to jail. They came up with an absurd result," Rapier said.Graham County Attorney Kenneth Angle cautioned the state supreme court's decision applies only to first-time drug use offenders, does not apply to persons with violent felony convictions and does not apply to persons 18 or younger."Prop 200 does not apply to juvenile cases. Juveniles can be locked up if they're caught with meth, cocaine, marijuana and paraphernalia," he said, citing a decision of the Arizona Court of Appeals.Angle said the high court's decision would impact drug crime prosecutions in Graham County."It delays us in being able to put a hammer over their head for people with a simple possession case. Eventually, we'll get them because drugs are addictive," he said.Angle said the new court decision will affect about 50 first-time drug use possession cases per year in Graham County"If you're caught with paraphernalia, it's a first time offense, and (if) you have marijuana or another drug, you cannot be put into jail. If it's a second offense, you can be put into county jail. A third offense, you could go to state prison. Most of the people we're dealing with now are facing second drug offense cases," he said.Greenlee's Rapier said the new ruling will have a limited effect in Greenlee County."I don't think it's going to have any difference in how officers approach a search. They're still felonies. But it will affect how we deal with them in prosecution," he said.Rapier was not happy with the loss of a tool he, as a prosecutor, felt was necessary to fight the war on drugs."Now, a whole new class of crime is now Prop 200 eligible," he said.One piece of good news is that Prop 200 does not apply to the drug sale cases nor does the new decision apply to meth lab equipment."I'd like to see Graham County become a drug-free county," Angle said. "I think it's a terrible scourge on society," he said.Angle said small-scale drug use leads people into burglaries and thefts to obtain money to buy drugs, it harms children, it harms marriages and it harms lives when someone ends up with a felony conviction on their record."But we want them to straighten up, to be clean and not to use drugs. I would love to see people just stop using drugs and voluntarily get themselves sent to rehab," he said.Angle admitted that in Graham County, the only way to get into rehab is to break the law by being arrested for smoking pot, snorting meth or injecting heroin. "If they're not on probation, then the state can't help them. There aren't any services available from Graham County (for voluntary quitters)," he said.He urged users who wish to stop using drugs to attend meetings of Alcoholics Anonymous or Narcotics Anonymous.The Arizona Supreme Court decision resolves a dispute between courts in Division 1, as in Tucson, which held Prop 200 applied to paraphernalia, and courts in Division 2, which includes Greenlee and Graham counties, which had found jail time could be sought for simple first-time possession of drug paraphernalia. Now, the statewide rule is no jail time for first-time simple possession of drug paraphernalia so long as the paraphernalia occurs along with first-time possession of drugs such as marijuana.Source: Eastern Arizona Courier (AZ)Author: Tom Jackson King, Managing EditorPublished: Friday, January 18, 2002 Copyright: 2002, Eastern Arizona CourierContact: tjking eacourier.comWebsite: http://www.eacourier.com/CannabisNews Articles - Paraphernaliahttp://cannabisnews.com/news/list/paraphernalia.shtml
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Comment #11 posted by Jose Melendez on January 19, 2002 at 08:11:28 PT:
disparity in sentencing
I just read the rest of the story...
 In exchange for his cooperation, Perez was sentenced to five years in prison on the cocaine charge and released after serving three.
In December, he pleaded guilty to violating the civil rights of an unarmed man who was shot and paralyzed, then framed on an assault charge. Under terms of a plea bargain, he is expected to receive two years in prison at his sentencing in March.

the rest of the story...
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Comment #10 posted by Jose Melendez on January 19, 2002 at 08:03:43 PT:
the hidden Angle
There is probably a word or phrase for this type of coduct. Note the similarities between the last sentence below and Angle's comments...From:
Judge Overturns Firing of Officer Implicated in LA Police Corruption Scandal
The Associated Press
Published: Jan 19, 2002
LOS ANGELES (AP) - A judge overturned the firing of a police officer whose former partner sparked a scandal when he alleged that members of his anti-gang squad had beaten and framed suspects and then lied in court to win convictions.
Humberto Tovar was the first person fired as a result of allegations by Rafael Perez, which led to more than 100 convictions being reversed, the city paying millions of dollars to settle dozens of lawsuits, and more than 60 officers being disciplined.
Perez, who had been caught stealing cocaine for a police evidence room and testified in exchange for leniency, told investigators he planted marijuana on a suspected gang member in 1996 with Tovar's knowledge.
"I made it very obvious to him that, you know, we're going to do (the suspect) for something," Perez told authorities. "We just couldn't figure out what...
remainder snipped
Judge Overturns Firing of Officer Implicated in LA Police Corruption Scandal
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Comment #9 posted by CorvallisEric on January 18, 2002 at 18:07:20 PT
grrrrrrrrrrrr
One of the most depressing things about the USA is that many areas of great natural beauty, like eastern Arizona, are run by these kind of people. Other places like this: Lake Tahoe, Colorado Springs area, Utah, Idaho, Wyoming, mountainous parts of Virginia thru Georgia, many more.
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Comment #8 posted by isobar2000 on January 18, 2002 at 14:07:19 PT
Who needs the hammer over the head?
"It delays us in being able to put a hammer over their head for people with a simple possession case. Eventually, we'll get them because drugs are addictive," he said. (Angle)I can sum this guy up in one word."NAZI"Remember those who were dealt with by uncareing and power hungery dogs of Ideology?
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Comment #7 posted by wades on January 18, 2002 at 13:06:24 PT
I'd like to see...
"I'd like to see Graham County become a drug-free county," Angle said
I'd like to see world peace. Who thinks Mr. Angle's wish is more likely to be granted than mine?
I'd like to see prosecutors who are eager to "...put a hammer over their head for people with a simple possession case" put in a soup line instead of drawing a paycheck at the taxpayers' expense. What kind of sicko SOB is it that whimpers when his power (which he likes to call a tool) to "put a hammer" over citizen's heads gets taken away? Or more accurately, limited in the least little bit?
Wasn't there once a time when being a power-mad, sicko SOB sort of disqualified one from being a public servant in the Land of the Free?
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Comment #6 posted by st1r_dude on January 18, 2002 at 12:44:32 PT:
WOD prosectutors.....
these prosecuting guys are a complete waste...i can't even begin to express the anger generated from these narrow-minded blow-hards...this is rediculous...they chase after pot smokers because they know they are low risk busts...Rapier is a complete idiot - drug free society - what a maroone (bugs bunny):Rapier was not happy with the loss of a tool he, as a prosecutor, felt was necessary to fight the war on drugs."Now, a whole new class of crime is now Prop 200 eligible," he said.One piece of good news is that Prop 200 does not apply to the drug sale cases nor does the new decision apply to meth lab equipment."I'd like to see Graham County become a drug-free county," Angle said. "I think it's a terrible scourge on society," he said.
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Comment #5 posted by FoM on January 18, 2002 at 12:31:42 PT
Half Baked
This thread makes me think of the scene in the movie Half Baked where the one guy goes to a rehab place and he stands up and says he is addicted to Mary Jane and they booed and hissed at him. That's the truth too. Marijuana users don't need treatment. If a marijuana user needs help it is for some other reason in my opinion.
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Comment #4 posted by i420 on January 18, 2002 at 12:25:32 PT
He.. NO WE WON'T GO !
He urged users who wish to stop using drugs to attend meetings of Alcoholics Anonymous or Narcotics
   Anonymous.
Whyyyyyyyyyy these groups don't care about the TRUTH they are just prohibitionist fags basing their "treatment" on myths and hypocritical laws. 
 We have our own support group "marijnonymous" we don't need you na / aa jerks.
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Comment #3 posted by i420 on January 18, 2002 at 12:24:49 PT
He.. NO WE WON'T GO !

Whyyyyyyyyyy these groups don't care about the TRUTH they are just prohibitionist fags basing their "treatment" on myths and hypocritical laws. 
 We have our own support group "marijnonymous" we don't need you na / aa jerks.
[ Post Comment ]


Comment #2 posted by TroutMask on January 18, 2002 at 11:27:35 PT
victory after victory...
"That prosecution tool has now gone up in smoke."hehehehe.Thank god this happened, or the Drug War gestapo would soon be criminalizing apples and potatoes. They are nothing more than organic pot pipes, right?poor, poor, poor Drug Warriors. Here's a tip: McDonalds is hiring.-TM
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Comment #1 posted by greenfox on January 18, 2002 at 11:18:44 PT
To ambitious prosecut's:
hahahahaHAHAHAhahaHA!ha.
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