The story.
I'm almost speechless. The guy possessed 4.6 ounces of marijuana. If it had been under 4 ounces then the maximum sentence would have been one year in the county jail!
But once he cracked the 4 ounce barrier, he got into Felony Land with its crazy "enhancement" rules for past sins.
Stay with me here: Possession of Marijuana of over four ounces but under five pounds is normally a State Jail Felony which requires probation for first time offenders. But this guy had two prior prison trips in, oh my, the 1980s! So the State got to use those prior convictions for enhancement which jacks up his exposure to a longer sentence. (A a ridiculous aspect of criminal law is there is no statute of limitations for using prior convictions for enhancement.)
Have I said this before? Marijuana is a plant that grows from the ground.
When I'm in my sixties and society is no longer insane, I might run for the Texas Legislature. I wouldn't pass any new laws -- just repeal the craziness that is on the books.
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Legal note: One thing I don't understand is that normally the two prior convictions would enhance the crime to a Second Degree Felony which would cap the maximum sentence at 20 years in prison. But the story indicates that both the prosecutor and the defense treated the case as a First Degree Felony. Edit: They updated the story to indicate the possession was in a Drug Free Zone: a day care center. That makes it a Third Degree enhanced to a First Degree. Welcome to Idiocracy.
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3.07.2010
And That Drug Was? Marijuana
The story.
I'm almost speechless. The guy possessed 4.6 ounces of marijuana. If it had been under 4 ounces then the maximum sentence would have been one year in the county jail!
But once he cracked the 4 ounce barrier, he got into Felony Land with its crazy "enhancement" rules for past sins.
Stay with me here: Possession of Marijuana of over four ounces but under five pounds is normally a State Jail Felony which requires probation for first time offenders. But this guy had two prior prison trips in, oh my, the 1980s! So the State got to use those prior convictions for enhancement which jacks up his exposure to a longer sentence. (A a ridiculous aspect of criminal law is there is no statute of limitations for using prior convictions for enhancement.)
Have I said this before? Marijuana is a plant that grows from the ground.
When I'm in my sixties and society is no longer insane, I might run for the Texas Legislature. I wouldn't pass any new laws -- just repeal the craziness that is on the books.
______________
Legal note: One thing I don't understand is that normally the two prior convictions would enhance the crime to a Second Degree Felony which would cap the maximum sentence at 20 years in prison. But the story indicates that both the prosecutor and the defense treated the case as a First Degree Felony. Edit: They updated the story to indicate the possession was in a Drug Free Zone: a day care center. That makes it a Third Degree enhanced to a First Degree. Welcome to Idiocracy.
