Drug War Issues
Politics & Advocacy
A Texas asthma sufferer who went to California for a medical marijuana recommendation and then got busted in June on a Texas highway with small amounts of marijuana and hashish is facing up to life in prison after being indicted by a Brown County grand jury. He is charged with possession of a controlled substance with intent to deliver, a first-degree felony in the Lone Star State.
Chris Diaz
Under Texas law, possession of less than two ounces of marijuana is a Class B misdemeanor punishable by up to six months in jail, while possession of hashish is either a state jail felony punishable by up to two years for less than a gram, or a second-class felony punishable by up to 20 years if less than four grams, although probation is also possible. It is unclear exactly how much hash Diaz had.
Diaz was pulled over for an expired license tag while en route from California to Austin, and according to the DPS trooper's report, could not produce a drivers' license or proof of insurance. He was then arrested for failure to identify, and during a subsequent search, police found a small amount of hashish on his person. A search of the vehicle then turned up more hash and marijuana in pill bottle from a California medical marijuana provider.
The DPS report said the search also turned up a cell phone "containing text messages referring to drug sales" and a notebook with "drug and law writings." Those are apparently the basis, legitimate or otherwise, for the drug distribution charge.
Texas does not have a medical marijuana law, and its authorities do not recognize having a recommendation from another state as a defense against prosecution.
Diaz has attracted supporters both inside Texas and nationally. The Texas Coalition for Compassionate Care and a group called I Am Sovereign are publicizing the case and pressuring Brown County officialdom. And the asthmatic Diaz sits in jail in Central Texas awaiting trial, without his medicine.
Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.
Comments
In reply to This guy didn't break a single law... by Ryan (not verified)
Your misinterpreting the
Your misinterpreting the meaning of corpus delecti (body of the crime). Corpus Delecti is a term from Western jurisprudence which refers to the principle that it must be proven that a crime has occurred before a person can be convicted of committing the crime. It does not mean there has to be an actual body claiming a loss. The point is if someone goes missing then the state has to prove they were murdered before they can charge someone with murder. If they can't find the body this can be hard to prove. However, if someone witnessed the crime occur then it isn't much of an issue. In this case the officer witnessed the crime occur. He allegedly saw Chris Diaz driving without registration, license, insurance etc. You are trying to twist it into a requirement that there be a specific victim. The fact that there is no specific victim to the alleged crimes may affect how heinous the crime is, but it does not have any affect on whether a crime was committed.
In regard to your 2nd point you said "If there's no EVIDENCE of a complaining party... and no EVIDENCE of loss harm or injury .... then theres no crime....period. Doesnt matter if its civil or criminal, contract or tort....doesnt matter... not legally speaking anyway"
Actually it does matter. Criminal law does not require a complaining party or loss/harm. It only requires proof that a crime was committed. In other words, the state must show that you violated some statute which carries criminal penalties. For jurisdiction, it simply must have happened in the county where the person is being charged. The state can bring charges even if there is a victim who does not want to press charges. It happens all the time in domestic violence cases where the wife/girlfriend does not want the abusive party to go to jail.
What is the basis for your belief that in to be a crime there must be a complaining party? or loss/harm? I've seen this argument made before but no one can ever give me a straight answer for what it is based on.
legalize it
legalize it
WE Can't Change It
The world wont change unless we change ourselves. This country is corrupt and has gone to the dogs. It is time for those of us who want to save ourselves to GO!
Prosecution of marijuana users.
The bible belt society, who should be a forgiving society, has become a judge and prosecutor of their brother man. Jesus himself said, "What so ever goes into the mouth goes into the stomach, and is cast out of the body, and does not defile the body, but that which comes out of the heart, and comes out of the mouth defiles the temple of God." He also said, "condemn not that you'd be not condemned, judge not that you'd be not judged." Yet the so called God fearing people do not think twice about condemning his miracle drugs. And calling his naturally grown products, evil. They make laws, to make marijuana illegal, and they feel righteous in their condemnation. The judgment coming out of their hearts condemns their temple.
Putting a man in prison for life, is not only against the saying of Jesus, but it also goes against everything the constitution stands for. What happened to, the right to the pursuit of happiness, and no sentence should be excessive?
free this man
someone needs to start a petition and raise awareness , start facebook groups whatever we can for this man to get the charges dropped.
if you would like to help contact me via [email protected]
contact me if you have any links to petitions or whatever
Know Your Rights
"He was then arrested for failure to identify, and during a subsequent search..."
Stopthedrugwar.org has a video available called "Know Your Rights" which explains how to handle police encounters like this, prevent them from escalating and prevent the car, phone and notebook from being searched. A search requires either consent or a warrant. The police practice and train to frame the request for consent in such a way that you give the consent without knowing it happened. It's worth spending half an hour with this video learning how to handle such encounters, and effectively exercise your rights.
In reply to Know Your Rights by PeterG (not verified)
Search after arrest
Police do not need either consent nor a warrant to search your car after they arrest you.
In reply to Search after arrest by SB (not verified)
I'm sure there's more...
here's the first google hit
http://www.washingtonpost.com/wp-dyn/content/article/2009/04/21/AR2009042102125.html
In reply to Search after arrest by SB (not verified)
True
It's true that they are free to search your vehicle upon arrest... and Tx put into place a law last year that allows them to arrest someone and impound their vehicle with no proof of insurance.
The laws in my area of TEXAS are applied in different ways. On my side of the highway, the local cops will give you the "ticket" method for under an ounce, but county officers on either side of the line will take you to jail for ANY amount (the county also recieves funding as a HIDTA area).
The guy does not deserve life for being young and having bad judgment on driving a car with expired stickers and no insurance. But.. that's a part of being a responsible cannabis user as well... Maintaining your vehicle in a legal manner at all times.
10 Rules is a good video on informing people of their rights. The information in it will help with encounters with the police when you have everything else legal. Lack of insurance was enough in TX for this guy to be arrested, so in the eyes of Texas his search was legal.
But possible life for a crime with no victim or harm ever even intended for another human being or animal? That's not justice... it's a crime.
Texass Law
Yes this guy is dumb but lets face it this is the kind of people they love to arrest in Tex-ass Poor can't afford an a decent lawyer and he's not a Tex-ass "Good Ole Boy" so the powers to be can keep him in prison. That the way it is in Tex-ass they keep their prisons full so they can keep people who would otherwise be on the welfare rolls employed. This seems to be a trend which is catching on in other states. There is NO criminal justice system for the poor etc.
In reply to Texass Law by L.J. Quigley V… (not verified)
You have a point....
I strongly feel that especially Texas prisons and that it's so close to the border; that keeping their prisons full is another form of cheap labor. There must lots of works that needs to be done in Texas and they need their cheap labor for pennies on the dollar. True the guy was asking to be pulled over with his expired tags; at least follow the law in some way especially if you're in Texas. Glad he didn't get into an accident or else he would be on death row.
why did he have it in his
why did he have it in his car? driving under the influence is dangerous not only to himself but to innocent people on the road. he does not deserve life in prison but it was a dumb move to keep it in his car and not at home where it should have been.
In reply to why did he have it in his by Anonymoussss (not verified)
How do you know he was
How do you know he was driving under the influence? He hasn't been charged with that, therefore he probably wasn't.
I agree that having it in your car presents an added risk. But sometimes when one is traveling from point A to point B, one needs to have possessions on hand including one's medications.
In reply to why did he have it in his by Anonymoussss (not verified)
FAG
YOUR UNDER THE INFLUENCE OF BAD BRAINS.
Life sentence for a
Life sentence for a plant!!!!!!!!! Our forefathers are rolling in their graves on this hypocrisy. Cops in all cities and states are drumming up work to keep their sorry asses employed. Be careful. They got a bailout this year. Time is running out for them. They're desperate.
texas
Thats why I moved from that area 40 years ago...nothing has changed....nothing...There is no life east of I-5
In reply to texas by glantious cube (not verified)
No life east of I-5???
Do you really think that is an accurate statement? There are plenty of pot smoking, progressive thinkers east of your line. Granted, most of them are in the northeast or upper midwest, but they do exist (60 miles northeast of St. Louis here living in a somewhat backward, bible-thumping sh*thole). I think no life east of I-25 and south of I-70 would be a more accurate statement. I just wish the U.S.A. would invite Texas and the south to secede so they can't continue to drag down the rest of this nation.
Felony stupid maybe!!! but
Felony stupid maybe!!! but this is ridiculous!!! the perfectly wrong storm came together and this guy is not in a good place!! good luck!!!
Not to Bright
How do you decide to drive across country holding AND with expired tags? He was asking to get busted. If you are holding the least you can do is outwardly look "compliant/law-abiding". The only mystery is why he did not get stopped sooner.
What you expect from TEXAS
What can we really expect from TEXAS? This country went to shit when our wonderful Texas president BUSH took office. President Bush f&^%*d up United States just like Texas is all messed up. Might as well give Texas and back to the Mexicans and just eliminate it form the 50 states.
Enough with the Texas slam
The ill-conceived ancient laws concerning marijuana in the state of Texas is no secret to anyone. I do not agree with them, like many others living here. That also is no great secret. The standard attitude, actions and ideals of the police force here is also no secret. From our governor down to the meter maid the popular theory on the drug war is "Get a bigger hammer". No Big Secret. This is not the first time someone has went to jail for a very long time over something that should be a non-issue. Not here, and not in ALL of the other states. But I must say that even with all my disagreements to our system here I take very much offence to you slamming my home state "TexAss" like it's the only one in the country that would do this. We have our flaws and we have our perfections just like the rest of the 49. So please, speak out against these old harmful laws and try like hell to change them. But BACK OFF with slamming my state. It's not the entire state that has this fault, just the law. And as I do "feel" for the boy who is about to have his life ruined, he is just one of the many all around this country that has found themselves in this sort of situation. It's time for a country to change. From California to Texas to Main and all the states in-between. This is ALL of us who allow this to continue, not just one state.
From Brownwood
Look...no part of this puzzle was right for this guy. I live in Brown County, I know the law enforcement very well. This is nothing new. With weed being a minor part of the drug problems in the region, they take ALL of these law violations seriously. This area has HUGE drug raids every few months, and they are mainly targeted towards the really bad stuff like meth.
Now, rather it should be legal or not is not even a debate in this case. The fact remains, he broke the law in this state. If he had been caught in any other state, besides California, I am sure the result would have been the same.
As for this specific case, in my opinion, all this publicity is only going to make it worse for him! With a bigger spot light on this case, they(sheriffs office) are going to watch all their P's and Q's and probably the court will make sure he is made an example of. The worst thing that happened in this case is when all his "supporters" started showing up and making noise.
In reply to From Brownwood by Brown County R… (not verified)
Brown County Brownwood PUBLIC SERVANTS Are Stupid
It is the Truth. The worst part about it, They BELIEVE People who 'Smoke Pot' are Stupid.
So where does one go from there.
If only the Sheriff Dept and Judge and District Attorney were really minding their P's & Q's, they are not.
They have actually gone MAD. Really.
The Judge Stephen Ellis said on and for the record in open court the US and Texas Constitutions have NO Merit.
WTF, and the District Attorney has LIED on and for the record in open court saying the "Street Value" of 14 grams of cannabis concentrate (hashish) $2400.00 again WTF that is $172.00 a GRAM. WTF
These guys are not only STUPID they are HATEFUL.
And the truth is this Cali Kid Chris has had asthma since a small child, and almost died 3 years ago from lifelong use of chemical inhalers such as advair. He has not used chemical medications since he was released from the hospital in California.
He lives in California most of the time, and was in Texas visiting family, or should I say attempting to visit family in Austin.
He never made it.
Stand Up for what is Right.
Stand Up for the Truth.
Peace
In reply to Brown County Brownwood PUBLIC SERVANTS Are Stupid by iamsovereign (not verified)
Word.
Well said, Friend. Thanks for Being IN the conversation. For those of us who do not think through our asses, who have the powers of science and compassion on our side, it is only a matter of time before hemp and cannabis are liberated. Let's Hope it's sooner rather than later and that the rest of America is liberated with it. Peace.
Brownwood Resident sounds
Brownwood Resident sounds like a LEO afraid of the repercussions because of the antiquated laws in Texas.
End the Reefer Madness
In as few words as possible so as to highlight the severity, the profundity of my words:
One day is too long to be in prison for marijuana.
He probably got the
He probably got the distribution charge because he had some scales with him. That is one of the most ridiculous things that they could do with the law. All the users I know have a set of scales to make sure they dont get ripped off. And for law enforcement to add that charge to someone that has less than oz is absolutely mind boggling.
Texas
Reminds me of the good ole days when the Bush boys were trying to out execute one another.George and Texas won,hands down.This is the place the Bush family has chosen to spend their retirement.They deserve each other.I'd suggest you come on up to a real free country but I'm afraid the Evangelicals have taken root up here now as well and it's beginning to show.Even so,the new mandatory minimum sentence for a few pot plants is only 6 months.To think that just eight years ago there was a bill in the house for decriminalization.It died on the floor due to interference(threats)from the Amerikan government and our own conservative party.A group led by the ever so corrupt and always for sale Brian Mulroney.Personally,I wouldn't carry any drugs,not even prescriptions in Texas.The Amerikan so called "justice system" hands out years by the dozens for the smallest amounts of any drugs.The system has become so fanatical that it feels justified in doing the most unconscionable things for money in the same way the cartels do.The more violent the police are in suppressing trafficking the more violent the gangs that spring up to sell.Mexico is making headlines lately but if there were several hundred killings in a major city in any western country excepting the USA it would be a national disgrace.Look at who this army of drug enforcers is capturing.Look at the kind of sentence is looked at as correct punishment for his petty crimes.Something is very wrong here and it's been very wrong for a very long time.As for Texas,let the Bush's have it.
Texas Injustice
It is no surprise to me that this kid is facing life in a state that lets inmates be used as slave labor by the Prison Industrial Complex.Letting companies like wakkenhut build and house prisoners for profit and use law enforcement to keep the supply of manpower coming in and this is what you get.The ridiculous nature of this failed "war on drugs" will continue until we as citizens unite against this un-American policy.This kid needs to be freed and we as citizens need to press the Federal Government to end this once and for all.Marijuana needs to be legalized not just for medical purposes(of which there are many)but for personal use.In a country where you can poison yourself with alcohol and tobacco it is ridiculous to jail people for simple possession.Stand up against this injustice and tell elected representatives this needs to end now!
In reply to Texas Injustice by spacewalker (not verified)
yeah, the kid should be
yeah, the kid should be freed, but he won't be, not before his life is ruined of opportunity. There will be casualties of this fight. Freedom is not won easily or without losses. Keep Fighting the Good Fight. Peace.
Leave Bush out of it...
Hey, everyone hails from somewhere. And that doesn't have anything to do with the new generation and future generations of Texas. Bush is a dweeb. Everyone knows that now. Hell, most of the people that voted for him have regretted it from day one. The country has been to shit several times prior to Bush too.
California went to shit after the Gubnator took office but you don't see us slingin' shit about it.
Texas isn't going back to the "Mexicans" either. We are the ONLY state that has the freedom to become our own nation. We used to be our own nation too. You think the USA can "give" us to anyone? Hello? Wake up?
I smoke pot, but I don't want to leave the nation...and I live in Texas...
I've also been subjected to our "wonderful" legal system for 5 grams, a pipe, and a grinder...
Cost me a LOT of money and time while I was trying to fight my way through college. You know what though? I was drunk at age 20 and that was the reason for the initial stop. I was never charged with anything alcohol related...hmmm...wonder why? Because the cops and everyone else thinks THAT is okay for a college-student....pot isn't.
Stupidity I tell ya!
Dude, unfortunately Texas is
Dude, unfortunately Texas is not California!.....They are Hard-liner's when comes to the Drug Policy here. They, believe that they are making a difference when they pull that shit!....Texas we'll be the last state in the USA to decriminalize,or tolerate any drug use. Too much land for more prisons,too much money to be made. That poor Dude, should have just did what everybody else is doing!...Move to California!
In reply to Dude, unfortunately Texas is by Anonymous420 (not verified)
You are completely correct.
You are completely correct. On an individual level, these are avoidable if unnecessary arrests. We are pushing this from the inside. It hasn't been 20 years yet that it's been a legal medicine in California and still, in cities up and down the great state, we have elected govt. officials (I'm looking at you Bonnie Dumanis) who refuse to recognize state law and attempt to parlay their misguided agendas into their career ladders. Nonethless, if you are a recognized medical user of marijuana, and you follow the laws of the state in which you are physically, not to mention COMMON SENSE rules (who the hell drives through TX with hash?) you are unlikely to end up like this kid.
I just lost my buzz thinking about it all. >puff>puff>pass
REGISTRATION NOT EXPIRED !!! STAND UP !!!
The registration of the car was not expired. The car is legally registered in California.
The reason for the stop was not "expired" rather "California" Plates. and Long Hair.
The Texas State Trooper at the time was also the Mayor of the Tiny Texas Town of Bangs where this all happened.
He has since been forced to quit over city policy changes he made to SEAL the City records from the public.
Also about the drivers license, because the tags were not really expired, it was a false stop to begin with and he is not required to show ID at that point.
When he explained that to the Mayor/Trooper the guy freaked out about being challenged and grabbed him and cuffed him.
His medicine was found in his medicine bag inside of his suitcase in the back of the car. Inside of his California Prop 215/420 Compliant Medicine Bottle. Along with his documentation. Exactly 14 grams,(per court record)
Cali Kid Chris has been Standing Up to these Bullies from Minute One. Learn more about this case and learn how to stand up for yourself.
Unlike most of the posts I have read, Cali Kid Chris knows the difference between a 'person' and a 'people'.
If you live in Texas you can help yourself by visiting www.usavsus.info and STAND UP.
Cali Kid Chris here did just that He stood up and he is still Standing.
He has challenged Jurisdiction and Standing and the Court is failing to answer. In writing.
He is filing again challenging Jurisdiction and Standing. He will continue to Stand Up.
Visit the website his supporters have put together, I think they update daily.
www.iamsovereign.org
Peace
In reply to REGISTRATION NOT EXPIRED !!! STAND UP !!! by iamsovereign (not verified)
LEGALIZE!
LEGALIZE!
Christopher Diaz' Habeas Corpus
G’day Mates
I want to address a quick issue, I am Not a Bar Attorney, I am an Acting Private Attorney General: under 42 U.S.C. § 2000a–3, 33 U.S.C. 1365, 18 USC § 3283, 42 U.S.C § 1983, 28 U.S.C. § 1343, The term private attorney general refers to private citizens who, in any civil or criminal court proceeding, are acting on behalf of a person’s rights and equal protection under the law. The private attorney general is entitled to recover attorney's fees if he or she prevails. I have been asked to intervene on behalf of Christopher Diaz.
I will be leaving for Texas Friday Morning, and hopefully see Chris Friday Night. I would like to thank everyone on behalf of Chris’s Mom, and Sean Gunn and myself for all of the support.
Everything that I will present to the Public Defender Attorney Fred Franklin, District Attorney Murray and Judge Ellis on behalf of Chris Diaz is by the Legal and Lawful Book. There are no exotic arguments, or far out Patriot claims being made here. In Chris’s Habeas Corpus, it challenged the State of Texas and District Attorney Murray to show Standing and Jurisdiction.
OK Kids pay Attention!! Ole Chase is about to “Tip You Wise” to something the Courts DO NOT want you to know about! Welcome to Mr. Chase’s Workshop on Standing 101, want you Folks to know I charge Big Money for these workshops and Information…NOT! Grin
Juris Doctorate not required…
There is a Three Prong test for the District Attorney to Prove, I’ll let Mr. Wigmore explain it to you..
Standing Texas:
"Wigmore explains the American concept of the corpus delecti rule thus:
[Every crime] reveals three component parts, first, the occurrence of the specific kind of injury or loss (as in homicide, a person deceased; in arson, a house burnt; in larceny, property missing); secondly, somebody's criminality (in contrast, e.g., to accident) as the source of the loss,--these two together involving the commission of a crime by somebody; and thirdly, the accused's identity as the doer of the crime.
In most American jurisdictions, including Texas, the corpus delecti rules requires some corroboration of the first two elements-an injury or loss and a criminal agent..." Salazar v. State, 86 S.W.3d 640, 645.
“It is too elementary that injury must be plead and proved before a cause of action arises to require the citation of authorities.” Whitesboro Nat. Bank v. Wells, 182 S.W.2d 516, 518.
This is the base argument that I will present to the Court, there is No Harm or Injury caused by Diaz.
Chase
Opinion from Oregon
LEGALIZE WEED NOW!!!
this is disturbing!!! weed is just a plant, for fuck's sake!!! ur telling me that a guy is going to prison FOR LIFE for less than an ounce?!?! what has the world come to??? maybe the police should go around catching criminals, rapists, and murderers instead of arresting ppl for having a plant! im speechless.... :O
I hope he has a good, real, and local lawyer
It will not be all that bad.
While it's still BS, not a lot will happen.
They always write you up for the worst they can. He will get a deal, and will only have to pay some amount of fine. This is doubly true if this is his first offense. I've been there before. I never got a felony, but I know how it works. Pay the $400 for the bondsman, have them appoint an attorney, show up for court and have the attorney go talk to the prosecutor, pay the $1500 fines(with payment plans!), do whatever 'probation' they tell you to.
A couple grand down the road, he'll be fine. It's either that, or fight them and REALLY get your backside beat.
They will get your money, but that's all they want.
It's stupid, but walking into a Texas court with an open checkbook and honest remorse is the fastest/easiest/cheapest way to walk out of a Texas court.
They do not want him in jail, they want him on the street again. If he's on the street again, they can fine him again.
Money Money ya'll
I agree with Ron, this kid is dangerously stupid
And now we get to pay for his 3 meals a day, hot water, clothing, and a roof over his head for the rest of his life.
Right on Chase,for an
Right on Chase,for an attorney to stand up like this
I sit here and read how many
I sit here and read how many comments you fellow people have made and some have really good points and some you have no idea what you are talking about.. I find it un-American to send a man away for life for a plant.. lets look at the real probelm? The murders we face 3 times a week and the "people" that go free that sit and smile when they see an innocent man go to prison for life.. its actually embarrssing!!! TEXAS MADE.. makes everyone have a different opinion about us everytime we try to put someone away for the MOST harmless thing. He isnt poor and he will get a good att. to defend his rights as RECOMMENED MEDICAL WEED CARRIER!!!!! Find the real solution people GET SERIOUS!!!!!!
Sad thing is, now a real
Sad thing is, now a real criminal will get out early so they can lock up this guy
NEVER GO TO TEXES!!!
NEVER GO TO TEXES!!!
Breaking the law.......
If you break the law, you should accept your punishment for it. It is a risk you take and accept when you make the decision. Life in prison is awesome for this, I support it, I would love it if every drug offender eceived life in prison. We would then have much less of a drug problem in this country.
No matter what happens, in or
No matter what happens, in or out of jail, his adult life is ruined.
Looking in from another Country.
Country in South East Asia are this bad with their laws on dope. I find it hard to believe , that the Law makers in Texas, can take themselves seriously, with laws like this on the books. Here in New Zealand , we see laws like this as totally unjust, and all these so called crimes, would be simple fines, with no jail time at all in this Country. I find it soooo hard to believe, that Texas law is so unjust.
The Truth about it
Alcohol and or Ibuprofen found in many homes will kill a handful of people by the time im done finishing this letter.. Pot will kill none during the course if these words..
COPS NEED TO STOP JERKIN OFF ON THE TAX PAYERS DIME.
Fact
lol, people feel better when using marijuana cause, we evolved with it!
http://en.wikipedia.org/wiki/Cannabinoid_receptor_type_1
oh i forgot, most of texas doesn't believe in evolution. no wonder it's illegal.
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