Louisiana just proved how cruel the drug war can be, as the state’s Supreme Court upheld an 18-year prison sentence without possibility of parole – for possessing 18 grams of cannabis. In 2014, Gary Howard was convicted of “marijuana possession with intent to distribute” and a Caddo parish judge handed down the harsh sentence, labeling him as a “habitual offender” for a 2008 firearm possession conviction.
The Supreme Court was convinced that the ‘intent to distribute’ charge was justified because Howard had the pot in five separate bags, even though “a prosecution expert conceded the marijuana could have been for Howard’s personal use” and “acknowledged it was possible the marijuana was purchased in the same form that police found it.”
“As a practical matter, in light of the inconsequential amount of marijuana found, imprisoning defendant for this extreme length of time at a cost of about $23,000 per year (costing our state over $400,000 in total) provides little societal value and only serves to further burden our financially strapped state and its tax payers,” wrote Johnson.
“Legally, the state proved nothing more than simple possession of marijuana in this case.”
Johnson went on to suggest that authorities “overreacted” because a firearm was found during Howard’s arrest, resulting in a charge for which he was later acquitted.
The fact that, in one state a person can be locked in a cage for 18 years for possessing a plant, while in other states a person can go to a store and legally buy the same amount of the plant, underscores a broken, thoroughly corrupt system.
For decades government has carried out an immoral War on Drugs, created for the purpose of stifling dissent, oppressing minorities and enriching the corporatocracy. To this day, federal government maintains cannabis as a Schedule 1 narcotic, and we see prohibition serving the same goals.
Even though most states have acknowledged the medical benefits of cannabis, legalizing its use, the feds continue a policy of deliberate ignorance – and it’s no coincidence that Big Pharma profits from prohibition. This is why pharma companies lobbied against state legalization efforts, admitting that legal cannabis threatens their profits.
The Louisiana Supreme Court decision shows that the Reefer Madness mentality is alive and well in the cretins that inhabit the halls of ‘justice.’ Even as 60 percent of Americans now think recreational cannabis should be legal, arbiters of ‘justice’ have no reservations about locking people in cages for possessing said plant.
The silver lining is that judges such as Bernette Johnson are not afraid to point out the absurdity of these sentences, which can only be called a war on people.
#1: Justified To: Deckard (#0)
It is crazy since you get less sentence for manslaughter and rape.
These kinda judgements are going to make it where feds get to setup mandated guidlines for sentencing.
Justified posted on 2017-05-08 10:04:25 Reply Private Reply
#2: Vicomte13 To: Deckard (#0)
Vicomte13 posted on 2017-05-08 10:08:30 Reply Private Reply
#3: misterwhite To: Deckard (#0)
Louisiana is fairly lax on possession and they've legalized medical marijuana, but it has one of the harshest laws for distribution.
misterwhite posted on 2017-05-08 10:44:47 Reply Private Reply
#4: misterwhite To: Vicomte13 (#2)
This case went all the way to the Louisiana Supreme Court, so you can't say he didn't have multiple opportunities to present his side. The state spent more on dispensing justice than they will ever spend on his incarceration.
This guy was a scumbag four-time felon, caught in 2008 with a gun. He was sent to prison, then violated his parole when released. Police were searching for him, and found him at his girlfriend's house
From the Supreme Court case:
"The officers found defendant in bed. They also found 11 grams of marijuana, in four separate bags inside a larger bag tied around the waistband of his boxer shorts (which were on the floor), another bag containing 7 grams of marijuana inside the bedroom closet, and a box of sandwich bags sitting on a TV stand in the bedroom."
"Also inside the closet, the officers found a gun, some 1x1 jeweler bags, and an empty prescription bottle with a small baggie inside containing marijuana residue. Defendant was arrested and subsequently charged with possession with intent to distribute marijuana and with illegal possession of a weapon while in possession of a controlled dangerous substance."
"After his motion to suppress the evidence was denied, he proceeded to trial and a jury found him guilty as charged of possession of marijuana with intent to distribute, but not guilty on the weapon charge. The state thereafter filed a fourth-felony habitual offender bill. Defendant pleaded guilty to being a second-felony offender in exchange for a term of 18 years imprisonment without benefit of parole, probation, or suspension of sentence.
misterwhite posted on 2017-05-08 11:04:17 Reply Private Reply
#5: John_Henry_DaDum To: Vicomte13 (#2)
not if we abide by it.
then it would be the best, but alas, that is not the case.
John_Henry_DaDum posted on 2017-05-08 11:34:41 Reply Private Reply
#6: A Pole To: John_Henry_DaDum (#5)
I would like to see some examples, how it is best.
A Pole posted on 2017-05-08 11:39:47 Reply Private Reply
#7: A Pole To: Justified (#1)
Why not to make a mandatory sentence of 40 years for EVERY crime?
Then the thirst for justice will be satiated and America will be numero uno.
A Pole posted on 2017-05-08 11:46:04 Reply Private Reply
#8: A Pole To: Justified, John_Henry_DaDum, Deckard, Vicomte13, misterwhite (#7)
A Pole posted on 2017-05-08 12:13:13 Reply Private Reply
#9: misterwhite To: Deckard (#0)
This scumbag, felon, repeat-offender plea-bargained that sentence down to 18 years. It could have been more.
misterwhite posted on 2017-05-08 12:18:21 Reply Private Reply
#10: Gatlin To: Vicomte13 (#2)
There are many criminals who agree with you.
Gatlin posted on 2017-05-08 12:22:10 Reply Private Reply
#11: Deckard To: A Pole (#7)
Don't give misterwhite any ideas - he's already in favor of adopting the Philippine model for waging the War on Drugs here in Amerika.
Kill anyone who might be a user or dealer.
Deckard posted on 2017-05-08 12:29:36 Reply Private Reply
#12: misterwhite To: A Pole (#7)
Be still, my heart.
misterwhite posted on 2017-05-08 12:36:47 Reply Private Reply
#13: Justified To: A Pole (#7)
Im thinking that would be a little harsh.
Justified posted on 2017-05-08 12:51:22 Reply Private Reply
#14: misterwhite To: Justified (#13)
misterwhite posted on 2017-05-08 13:33:21 Reply Private Reply
#15: nolu chan To: misterwhite (#9)
http://legis.la.gov/legis/Law.aspx?d=79154
The law regarding the fourth felony conviction, which Defendant Dindunuffin plea-bargained to get out from under, provides in relevant part:
nolu chan posted on 2017-05-09 15:52:06 Reply Private Reply
#16: misterwhite To: nolu chan (#15)
misterwhite posted on 2017-05-09 16:49:36 Reply Private Reply
#17: A Pole To: misterwhite (#14)
I rest my case.
A Pole posted on 2017-05-09 17:09:24 Reply Private Reply