The Difficulty of Untraining Drug Dogs How to Smell Marijuana
melmagazine.com
melmagazine.com
This is one of the particularly nasty bits of hypocrisy our society has allowed to flourish over the past decade. We now have a situation where (almost exclusively rich white men) are making millions of dollars selling legal marijuana on an industrial scale, as red state prisons sit full of petty dime bag dealers (overwhelmingly people of color) doing decades of hard time for something that is not even a crime a few hundred miles away.
However, the underlying problem was that these people who are currently in jail were doing something that was illegal at the moment. Their sentences need to be revised, but it's probably not something I'd exonerate from all guilt.
According to the Ex Post Facto law [1] definition, a court could issue amnesties or pardons for scenarios like this, but I don't think it would be an automatic process over all convictions.
>> Disclaimer: IANAL
If someone committed an act which was illegal at the time and is now legal, they should be freed.
If someone committed an act which was legal at the time and it is now illegal, they should not be prosecuted.
They're not two sides of the same coin at all.
EDIT: This compassionate principle is known as "lex mitior", which simply means that you should apply the mildest version of the law (from the perspective of the accused) in these cases. This is also in line with the widely accepted innocent-until-proven-guilty principle.
> Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution.
https://en.wikipedia.org/wiki/Ex_post_facto_law#United_State...
But consider that their actions are the reason why marijuana is becoming legal. The public sentiment against the War on Drugs is partly or mostly due to outrage the public felt at long sentences for possessing or dealing in marijuana. The people who did the most to get the laws overturned (even though they did it unwittingly) do not benefit from the changes. Everyone should benefit from the relaxed laws going forward except for the people who suffered to make it possible?
"Sorry, we weren't enlightened 20 years ago, so you're going to stay in jail" is an embarrassing cop-out. This is a systematic flaw in the legal system, and is unjustified. If it took decades to figure out that marijuana was wrongfully illegal, then those persecuted under such a law should be removed from incarceration at once. How can it be any other way? This is common sense.
Keeping people in prison for actions now known to be harmless is a terrible and embarrassing flaw in moral structure.
This isn't the case with marijuana. No conclusion has been reached that it is "wrongfully illegal," it's just not something we want to continue prosecuting for.
This does not excuse the actions of those currently in prison for drug offenses-- we aren't punishing them because marijuana is/was illegal, we're punishing them because they decided they didn't have to abide by the law at the time it existed.
Should we punish lawmakers for implementing oppressive laws which prevented good people from pursuing viable businesses? Why can't there be accountability in the reverse direction?
I see wisdom in a general amnesty for light drug crimes if it is decriminalised; but it isn't like there is a double standard being applied here. This is how a fair legal system works - the consequences of your actions are clearly known when you act, and you face the consequences of your actions once the legal system catches up to you.
The first you apply to the elites, and the second to everyone else.
Only in the case of the elites are we talking about serious, intentional, and known in advance to be illegitimate, irreparable harm to millions of people's lives.
But its just a "mistake", but you demand those who perpetuated victimless crimes continue to suffer.
Also, I find it curious that you single out lawmakers and forget the public that voted them in on anti-drug platform. Should we persecute all Nixon voters as well, for example?
The drug laws exist because they wanted to throw black people in the dungeon.
The same could be said about being black, or gay, or whatever.
I mean, if alcohol is a legal and regulated drug there is absolutely no reason marijuana shouldn't be too. This should be obvious to anyone who's drank till they passed out and also smoked weed till they passed out.
Of course, that's a very broad way to think of it. I'm sure for this particular topic there are lots of cases of outright discrimination which means people are serving sentences for marijuana-related laws that just aren't helpful to society at all (probably detrimental).
So, you may be right regarding this particular law, however, I think it is a very dangerous precedent to simply pardon anyone who committed a crime, for which that act is now legal.
If someone believes something that's currently illegal should be made legal, there are non-anarchist ways to deal with it than simply disregarding authority and committing a crime.
I think many would agree that kind of 'law breaking' should be cleared, and they apply the same logic to non-violent drug offences.
There is also a good segment who were forced into plea bargains due to the structure of the US legal system, the pattern of racism in arrests, convictions, evidence planting and so on. We know a chunk of those people are in jail for bullshit reasons, and thus the push towards releasing these people and removing the records.
But, you say, they are the kind of people who disregard the law so we should keep them there anyway. They are in prison because of a specific crime, not their general audacity to defy the state. Imprisoning someone because of an error and continuing to do so after it has been realized serves no societal purpose and is a cruel and excessive use of force.
Nixon advisor John Ehrlichman told a journalist that the main purpose of the War on Drugs was to attack Nixon's "enemies" and that they knew the WOD was based on lies about drugs: > "You want to know what this was really all about? The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar Left, and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black. But by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."
http://www.theatlantic.com/health/archive/2012/03/the-war-on...
I think those people should not only be exonerated, but also treated as victims of Nixon corrupt politics and given hefty compensation.
Advocating for the War on drugs should be a criminal offence.
https://en.m.wikipedia.org/wiki/Allegations_of_CIA_drug_traf...
While Nixon is remembered for "war on drugs", the actual substance of his policies seems to be different than what people think it was:
>...Their consensus is that because he was dramatically expanding the U.S. treatment system (by 350% in just 18 months!) and cutting criminal penalties, he had to reassure his right wing that he hadn’t gone soft. So he laid on some of the toughest anti-drug rhetoric in history, including making a White House speech declaring a “war on drugs” and calling drugs “public enemy number one”. It worked so well as cover that many people remember that “tough” press event and forget that what Nixon did at it was introduce not a general or a cop or a preacher to be his drug policy chief but…a medical doctor (Jerry Jaffe, a sweet, bookish man who had longish hair and sideburns and often wore the Mickey Mouse tie his kids had given him).
http://www.samefacts.com/2011/06/drug-policy/who-started-the...
It would be inconsistent to say past crimes should be revoked if the law changes, but present legal acts cannot be retrospectively classed as illegal if the law changes in the future. That's a contradiction I'm sure many people operate under however (myself included).
I am also not a lawyer :)
Do whatever is necessary to enable the bureaucracy to remove all drug related charges from a persons record.
In places like California, these regulations have resulted in the black market continuing to exist en force.
https://www.reddit.com/r/AskHistorians/comments/37yzhw/when_...
a lot of this also applies, with slight differences, to people regardless of conviction history who have lived for a long time in "areas of disproportionate impact".
i hope these provisions succeed in their goals and become the norm for other states that want to legalize cannabis.
see here: https://www.mass.gov/news/press-release-12122017-cannabis-co...
http://mobile.abc.net.au/news/2017-10-11/criminal-conviction...
There is another big difference and it's taxes.
Breaking the law isn't itself immoral, it's just one person breaking someone elses rule. Who is to say the law itself wasn't immoral? Certainly the application of the law in this case has been wildly immoral.
There is a data point in "Person X broke a law Y times" but I don't think it's an important one. We all break laws, probably unknowingly.
We know for sure that the convicts thought it safer to go to prison on drug charges than to go to court. We don't actually know whether they broke some other laws, and the DA simplified the paperwork. Seems to me that we ought to know this, before deciding what to do.
Under the current system, it seems to me that plea bargains act as contracts "I agree to serve X years & not go to court", despite being phrased as "I admit guilt for Y crime" on paper.
Of course people actually convicted of crime Y also exist. I'm just surprised that this whole thread assumes that only they exist.
It would be trivial for a police officer to carry a bag of marijuana/ cocaine / amphetamine and arrest anyone they like for possession.
1. https://www.nytimes.com/2018/01/24/us/baltimore-officer-vide...
I'm not questioning one way or the other, but I'd like to see some statistics to better understand this.
"Marijuana arrests now account for over half of all drug arrests in the United States. Of the 8.2 million marijuana arrests between 2001 and 2010, 88% were for simply having marijuana."
So that's 7.2 million arrests simply for possession.
In 2010 police arrested someone for weed-related things every 37 seconds.
However it is important to note that an arrest is not a conviction. Most are fined or are placed into community supervision. About 40,000 inmates of state and federal prison have a current conviction involving marijuana.
That's a lot, and there are likely a lot more that ended up in prison due to problems with having an arrest record (that should also be wiped imo) so that is a lower limit but the point is that overall - even without a ton of active prisoners there is still a massive effect of all those arrests.
Also it's worth noting that black people are nearly 4 times as likely to be arrested for these things even though usage rates are the same across races.
2 of the times in the station were alcohol related, everything else is weed from stop and search. One thing to note, as soon as I opened my mouth in each incident, there was no further threat from the police of taking it to court, despite me having no decent legal representation. Sounding posh goes very far with the police here.
Since something like 95% of convictions are plea deals, it seems to me that the official charges probably aren't a great guide to this, at all.
My example is this: the police want to crack down on a gang, and have some informants. They round up all the foot soldiers, who are standing duty on street corners etc. To put them away on conspiracy charges will be hard work, and will expose informants. But they don't have to -- once the gangsters are scared of having last week's murder pinned on them, they'll sign anything with a few years sentence. And so they get locked up for possession.
Anyone have any idea how to get a handle on how big this effect is? While the rest of the thread seems to believe 100% of soft drug convictions are for drugs, it seems equally plausible to me that this could be close to 0%. How would we tell?
My impression is that what I describe basically is the system right now. But I'd be interested to find ways to understand better whether this impression is true.
If the prosecutors wanted to convict them of something else, they should've followed the procedure to do so - to refuse to prosecute and then to claim that people are actually guilty of something they've never been tried for is something dictatorships and fascist states do.
I was truly astonished to learn that plea deals were such a huge majority of convictions. The negotiations which lead to them are entirely behind closed doors. So it looks to me like the US has had an almost complete rewrite of its justice system, while preserving a little of the old UI. I would love to be wrong about this, but actually struggle to find good information (hence my question). But supposing that I am right, do you really think this would not be worth understanding? Would pretending that we are running the old system be a good path towards changing it back?
If you want to discuss plea bargains in general, you're wildly off-topic in a harmful way - there's context in this discussion that you've decided to ignore without saying so, and in doing so, appeared to support the argument that people shouldn't be let free because they might actually be guilty of something else (that they've never been convicted of). I can promise you I'm not the only person who read your comment and thought you were saying that.
We aren't gathered here to vote on the fate of these people. And I resent the idea that every comment needs an elaborate bow to your preferred policies, elaborate avoidance of "harmful" ways to read things I apparently said "without saying" them.
To say otherwise, in my opinion, is to say that speech has little value - in which case why does the US protect it so highly?
I actually worry that this plea bargain business is a sign that we have implemented a justice system much more scary than what everyone else is discussing. A system which locks people up for having a little weed is bad... and also pretty trivial to work around. A system which locks people up for reasons known only to the DA, who is free to lie and threaten behind closed doors, is fucking terrifying.
Do we even know which of these systems we have? That's what I was hoping people could help me understand.
https://fivethirtyeight.com/features/releasing-drug-offender...
Marijuana is illegal everywhere in the US. Weed growers exist and make millions only because the DOJ has chosen to exercise discretion, which they can stop doing at any time.
When it’s actually legalized, nobody will be making money, as it’s an agricultural commodity that is pretty easy to grow.
In terms of justice for those who are incarcerated, all governors have pardon powers, and legislatures have the power to take actions as they deem appropriate. It is a political problem.
There will always be a market for quality grown weed, just as much as you buy produce at the grocery store.
Many states decriminalize or legalize use or possession. The dispensary or grow operations are a different story.
When compared to other cash crops, remarkably easy to meet market demand on a per acre scale, which is a contributing factor to why it's still illegal, and when legalized, why the who, where and how much are so heavily regulated.
Does anyone know where to get at the raw statistics for this kind of information? So that we can figure out how many prisoners there are in red states vs. blue states for marijuana possession?
There is nothing hypocritical at work whatsoever. The activity has become less and less criminal, so people with a lower threshold for criminal repercussion have become more involved as the threshold lowers. What is hypocritical about that?
It's like saying that it's hypocritical that people who drank when prohibition was active were in jail, and then people who drank after it was repealed were not in jail. I fail to see the hypocrisy. I also fail to see where race comes into play.
Race does come into play as well, because your argument seems to be that it's "fair" that these people are still imprisoned. But by and large, they were set up by a society that left them few other choices, which is far from fair. Refusing to release them is tantamount to denying the error of our past ways. It was always a trap, ever since the lies that enabled marijuana prohibition in the first place.
This is what the advocates of racist policy always say.
Enforcement is where race comes into play, you don’t see it because you don’t care. Otherwise it’s very hard to miss.
You hear things like "crack carries a much heavier sentencing than powder cocaine, because crack is done by black people and powder cocaine is done by white people." It sounds like it might be a racist policy, but it simply is not. First of all, the drugs are not demographically comparable. Crack is a street drug, cocaine is a white collar and party drug. There are vastly differing levels of criminality surrounding them. Crystal meth, a drug much more comparable socio-economically to crack cocaine, not only carries the exact same federal sentencing as crack, but is predominately done by white people.
Another might be if you look at the different rates of incarceration for drug offenses by racial breakdown. Black people and hispanics are clearly over-represented as compared with their representation of the population. They are also, however, over-represented in their involvement in drug criminality. That isn't to say that their level of criminality is exactly proportional to their over-representation, because they do get incarcerated at disproportionately higher rates, but it is important. Where the disproportionality manifests can be found in statistics that while entirely true, often make no attempt at controlling for location or socioeconomic factors. For example, black people with identical drug usage as white people for something like Marijuana encounter much higher rates of incarceration. It sounds racist, but, surprise, is complicated.
Geographically and socioeconomically, there are massive differences in average black and average white distributions. Black Americans tend to have disproportionately higher representation in heavily policed urban areas, white Americans tend to have disproportionately higher representation in suburban areas. The extent to which this is motivated by racist policy is also, as is expected, very complicated, but should not be conflated with differing outcomes in criminality and arrests.
If you want to go over specific statistics, I'm happy to, but I don't find the explanation that systems are just inherently racist to be a satisfactory explanation for complicated problems, because systems that are inherently racist have trivially simple solutions. We are not dealing with the Civil Rights Movement 2.0.
While I am supportive of freeing low level nonviolent offenders and sealing their records, I think the insinuation here that those locked up somehow deserve the profits from the new industry is silly. Running a black market business is very different from running a real business. Look at what's happening in Humboldt county to see that just because the product is the same the business is not.
[1] https://www.washingtonpost.com/news/the-watch/wp/2015/08/04/...
As long as it doesn’t result in evidence being thrown out, a drug dog that alerts when drugs aren’t present is a feature, not a bug, for the police.
1. https://www.fox4now.com/news/man-sues-punta-gorda-police-for...
On the one hand you have people who inhale smoke from a burning plant despite there being a law against doing so.
On the other hand you have people who want to lock a human being in a cage, sometimes for the majority of their lives, because of the abstract notion that they 'broke a law'; no matter what that law was or whether it's reasonable or justified.
I know which kind of person I'd rather be surrounded by in society. Seeing the way people toss around the concept of incarceration so lightly is somewhere between monstrous and disgusting to me.
At the end of the day they new all the risks, chose to play this game to make fast easy money, and they lost. It is like casino where you could win $5M or lose and spend 5 years in prison. Now letting the winners to keep the money but let losers go would not be exactly fair.
Lawmakers created the Mexican cartels, and therefore bear most of the responsibility for their crimes?
>letting the winners to keep the money but let losers go would not be exactly fair.
Frankly it feels that you care much less about fairness than you care about enforcing terrible laws.
What does this even mean?
Here's a case where it was so bad that the man actually had a BAC high enough to get a DUI: https://www.huffingtonpost.com/dr-jeffrey-mccombs/dui-for-ca...
That sounds like a fun job... I wonder how he did his research?
That pushes the question as to whether "regular" law enforcement would involve itself in weed searches or if a state revenue department would handle it. Moonshiners might have a useful perspective on this.