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Drugs continue winning war on drugs

Grandmother arrested for buying cold medicine.

14 Responses to “Drugs continue winning war on drugs”

  1. BWM Says:

    From the article…

    While the law was written with the intent of stopping people from purchasing large quantities of drugs to make methamphetamine, the law does not say the purchase must be made with the intent to make meth.

    “The law does not make this distinction,” Alexander said…

    Just as with any law, the public has the responsibility to know what is legal and what is not, and ignorance of the law is no excuse, the prosecutor said.

    I’m simply enforcing the law as it was written” Alexander said…

    What a piece of shit…

    Also,

    “Sometimes mistakes happen,” Marvel said. “It’s unfortunate. But for the good of everyone, the law was put into effect.

    Except the grandmother amirite?

  2. JJR Says:

    It is a poorly written law. Let’s hope the jury acquits or at worst hands down the lightest possible sentence / slap on the wrist (something like $1 fine, probation).

    Sort of jells with the earlier WSJ article Unc posted about the increasing vanishing of criminal intent in court cases; disturbing…

  3. Shootin' Buddy Says:

    Grandma took a “withhold prosecution”, pay a fine and stay out of trouble for 30 days and case will be dismissed with no conviction.

    Three weeks ago the Indiana Court of Appeals overturned a conviction on a similar fact pattern holding that there was insufficient evidence to show a “knowing” violation of the statute. The case may be transferred to the Indiana Supreme Court. The State of Indiana has until October 9th to decide whether they will take it up to the Indiana Supreme Court.

    Here’s the Court’s opinion, Slone v. State: http://www.in.gov/judiciary/opinions/pdf/09090901par.pdf

    The law is less than ideal (no central registry, statute weights are different that FDA regs, inter alia) and should be repealed by the General Assembly or held to be unconstitutional.

    Wait and see.

  4. Bill Harris Says:

    One need not travel to China to find indigenous cultures lacking human rights or to Cuba for political prisoners. America leads the world in percentile behind bars, thanks to ongoing persecution of hippies, radicals, and non-whites under banner of the war on drugs. If we’re all about spreading liberty abroad, then why mix the message at home? Peace on the home front would enhance global credibility.

    The drug czar’s Rx for prison fodder costs dearly, as life is flushed down expensive tubes. My shaman’s second opinion is that psychoactive plants are God’s gift. Behold, it’s all good. Canadian Marc Emery sold seeds that enable American farmers to outcompete cartels with superior local herb. He’s being extradited to prison, for doing what government can’t do, reduce U.S. demand for Mexican.

    Only on the authority of a clause about interstate commerce does the CSA (Controlled Substances Act of 1970) reincarnate Al Capone, endanger homeland security, and throw good money after bad. Administration policy burns tax dollars to root out, instead of collecting sales tax on, the number-one cash crop in the land. Apparently, SWAT teams don’t need no stinking amendment. Father, forgive those who make it their business to know not what they do.

    Nixon promised that the Schafer Commission would support the criminalization of his enemies, but it didn’t. No matter, the witch-hunt can stay on. No amendments can assure due process under an anti-science law without due process itself. Psychology hailed the breakthrough potential of LSD, until the CSA shut down research and pronounced that marijuana has no medical use, period.

    The RFRA (Religious Freedom Restoration Act of 1993) allows Native American Church members to eat peyote, which functions like LSD. Americans shouldn’t need a specific church membership or an act of Congress to obtain their birthright freedom of religion. Denial of entheogen sacrament to any American, for mediation of communion with his or her maker, precludes free exercise of religious liberty.

    Freedom of speech presupposes freedom of thought. The Constitution doesn’t enumerate any governmental power to embargo diverse states of mind. How and when did government usurp this power to coerce conformity? The Mayflower sailed to escape coerced conformity. Legislators who would limit cognitive liberty lack jurisdiction.

    Common-law must hold that adults are the legal owners of their own bodies. The Founding Fathers undersigned that the right to the pursuit of happiness is inalienable. Socrates said to know your self. Mortal lawmakers should not presume to thwart the intelligent design that molecular keys unlock spiritual doors. Persons who appreciate their own free choice of path in life should tolerate seekers’ self-exploration.

  5. I.B. Blackman Says:

    what happened to intent i thought there had to be act plus intent

  6. J Richardson Says:

    As someone who has chronic sinusitis and has had 4 sinus surgeries, I get royally PO’ed every time I have to buy pseudoephrine (the real stuff not the crappy new Sudafed).

    I wish every politician who voted for the restrictions, every DA who prosecutes grandma’s over cold medicine, and every cop or sheriff who arrested someone over this has a deep sinus infection and is disallowed by law from using pseudoephrine to open their sinuses.

    Heh.

  7. Chas Says:

    Nina Alexander sounds like a brain dead moron who never should have been allowed to graduate from law school. There is absolutely no judgment or discretion in her action.
    Just going down a list of people who bought cold medicine and prosecuting anyone who bought more than once, merely because the law allows such, is so simplistic that one has to wonder if she is not mentally retarded. She is making such a mockery of a powerful law that could be used effectively if used discreetly, that it’s likely to be repealed. And where will that leave this imbecilic public official? Will she then whine that she can’t do anything about meth production because she doesn’t have the tools? She should be put out of office as a danger to the public.

  8. bwm Says:

    Grandma took a “withhold prosecution”, pay a fine and stay out of trouble for 30 days and case will be dismissed with no conviction.

    Its great that the let her off so easy considering the heinous nature of her crime…

  9. straightarrow Says:

    Let’s see here now, could it be that pre-crime has now become crime in and of itself?

    Alexander is an idiot, but then so were the drafters, supporters and signers of this completely tyrannical law.

  10. Standard Mischief Says:

    This is a particularly awesome example of why we need to empanel fully informed juries.

    As is, she pleaded out the case, rather than fight it.

    Put me on a jury like this and I’d hang it if I had to and debate the point until I was out of breath.

    But I certainly would not take a chance with 12 “meat-bots” that have been lied to by being told that they may only judge whether or not she broke the law, rather than how the law was applied in this case.

    That Sheriff needs to be voted out of office too.

  11. Tom Says:

    All hail the glorious “democracy”! Where the all powerful state runs every aspect of our lives…without them would we even remember to breathe?

    I stubbed my toe the other day, I hate to imply you not doing your jobs, but if there were a law mandating all household objects that touch the floor be made of something that would give under any impact we would all be safer. Think of the children! If the village doesn’t protect them, and us, from ourselves who will?

  12. Xrlq Says:

    Err, if grandma got arrested for buying such an innocuous drug as a cold medicine, doesn’t that mean the drugs are losing the war, big time?

  13. Shootin' Buddy Says:

    “As is, she pleaded out the case, rather than fight it.”

    Incorrect. A withhold prosecution in Indiana involves no guilty plea or admission of wrongdoing. It is not a conviction. One pays a fine (which money stays with the Prosecuting Attorney’s office and is used for law enforcement), stays out of trouble for a period of time (Usually one year, but Grandma’s was incredibly short, 30 days), and then the prosecution dismisses the case.

    FWIW, a misdemeanor jury in Indiana is 6 person jury.

  14. Standard Mischief Says:

    thanks for the clarification SB.

    So it sounds like the Attorney General’s office is taking thinly veiled bribes to not prosecute offensives.

    Truly the very best government money can buy.