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NYPD's Mindless Response to Accusations of Overzealous Marijuana Enforcement

Let's revisit once again this week's excellent NYCLU study of marijuana arrests in New York City. It illuminates several embarrassing facts, which the architects of this disgusting policy would prefer to keep concealed. Among them:*A shocking increase in arrests from 45,300 between 1988 and 1997 up to 374,000 between 1998 and 2007*A sustained violation of the spirit of New York's marijuana laws, which hold that citizens should not be arrested for small amounts of concealed marijuana*Stark and unexplainable racial disparities. 83% of arrestees were black or Latino even though whites are more likely to use marijuana*Similarly disturbing gender disparities. 90% of arrestees were male, even though women and men use marijuana at similar rates*The appalling hypocrisy of NY mayor Michael Bloomberg who presides over these arrests despite his admission that he's enjoyed marijuana in the past*A profit motive behind the arrests wherein police deliberately make marijuana collars at the end of their shift so that they can collect overtime pay while processing the offenderNow that these ugly revelations have been exposed, what does NYPD have to say in its defense? Exactly what one might expect:In an official comment on the study, the Police Department was critical of the role played by the New York Civil Liberties Union in publicizing the report and noted that the research had been backed, in part, by the Marijuana Policy Project, which supports legalization. [NY Times]Um, pardon me, but what the hell does that have to do with anything? The report is accurate. Complaining that it was publicized by its authors and that it was funded by supporters of marijuana policy reform is irrelevant. Of course police are angry that this went public. It's embarrassing. And of course it was funded by critics of marijuana laws. Who else would fund it? The Heritage Foundation? I don’t think so.So the Marijuana Policy Project is biased, they say, but NYPD sees no conflict of interest when defending the same laws that its officers are paid overtime to enforce? The arrogance of this couldn’t possibly be overstated, but I guess there wasn't much else to say. If everything in the report is true, all you can really do is call the author a jerk. So in order to avoid ridiculously dumb drug policy debate tactics in the future, let's just get one thing straight once and for all: if people who oppose marijuana laws aren't allowed to criticize marijuana enforcement, then people who support marijuana laws shouldn't be allowed to defend it. Does that sound fair?

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Marijuana...more than just medicine

Its time for change ! the only reason the canibus plant was outlawed was because of crooked politicians and some major corperations that didn't want to compete with all the benefits the canibus could provide they started their fraud of the plant in the 30's with the numberous prapaganda movie shorts claiming it was a drug that made users violent...fact of the matter..people were growing the plant for rope and clothing and medical purposes for centuries ...they even were using hemp seed oil to burn in the oil lamps they used did you know that clothes made from hemp last longer?...the history channel has several series about drugs and how they became illegal and marijuana was one of them the history channel is the only one out there along with some indy potumentaries that bring you the facts and truth ....it is time for a change the goverment rather you be hooked on THEIR drugs...ones that people overdose and die on or cause worse side effects or even the same symptom that they are trying to help on top of that some of those drugs will do more damage to your body than the disease you are trying to treat or you end up a pill junkie (most of those pill junkies will get violent for their fix as will an alcoholic that starts to get the shakes from the lack of their fire water!...there has NEVER been a marijuana overdose but you can die from alcohol via drunk driving or drinking too much there are no withdrawls if you stopped using canibus for a little bit...(at least none for me) only thing that bothered me was my pain management..

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New York City's Marijuana Arrest Rate is Wildly Out of Control

Two of my colleagues, Deborah Small and Prof. Harry Levine, have analyzed New York City's marijuana policy in a major report released Wednesday the New York Civil Liberties Union. The chart appearing above pretty makes the central point, but check out Jacob Sullum's piece in Reason for a good general discussion of the report's findings and implications. Also, Scott wrote here last night about an important side angle, why it's a bad idea to take out your marijuana to give it to police. Yesterday's is a must-read too. The report itself, and the authors' summary, are online here

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Don't Give Your Marijuana to the Police

This remarkable New York Times piece exposes New York City's out of control marijuana policy, which has produced 374,900 misdemeanor marijuana arrests since 1998, despite a decrim law that's been in effect for 30 years. This is a rare example of professional-quality drug war coverage from the mainstream media and should be read in its entirety, as it raises several interesting issues.I found this passage, which describes one particular arrest, quite revealing:"I came out of the building, and this unmarked car, no light, no indication it was police, was right on me," said the man, a Latino who asked that his name not be used because he was concerned about his job. "Right on my tail. An officer got out, he said, 'I saw you walking from that building, I know you bought weed, give me the weed.' He made it an option: 'Give me the weed now and I will give you a summons, or we can search your vehicle and can take you in.' " He opened the console and handed them his marijuana — making it "open to public view.""I was duped," he said. But the deception was legal, and his pot wasn’t.The officers escorted him in handcuffs to the unmarked car.Amazingly, police must actually trick citizens into displaying their marijuana in order to make an arrest, since the decrim law requires plain view discovery. NYPD officers have become quite adept at initiating this through the typical threats and coercion that have long been the hallmark of petty drug war police practices.Fortunately, the most obvious and effective antidote to New York's overzealous marijuana policing is really pretty simple: don't give them your marijuana. Don't admit having marijuana. Don't give them consent to search you or your vehicle. Ask if you're free to go.Ending this obscene spectacle, which violates the spirit of New York's marijuana laws and wastes precious law-enforcement resources, is vitally important. But until that happens, citizens can protect themselves by not idiotically turning over their illegal drugs to the police. Seriously, stop giving them your drugs.

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At the Shrine to San Malverde, Mexico's Narco-Saint

You don't find Culiacan, the capital city of Sinaloa, in the tourist guide books for some reason. But it is a thriving city of more than a million, and it is the home of one of the stranger manifestations of the drug wars of the last few decades: The shrine to San Malverde, (unofficial) patron saint of bandits, and now, drug traffickers. shrine to San Malverde, patron saint of the narcos (and others), Culiacan, Sinaloa -- plaque thanking God, the Virgin of Guadalupe, and San Malverde for keeping the roads cleans -- from "the indigenous people from Angostura to Arizona" (more pictures below the fold) I visited the shine in the heat of the afternoon sun today. During the half hour or so I was there, a few dozen people came to light candles to the santo, pay their respects, or otherwise recognize his alleged powers of protection. A handful of musicians for hire hung around, waiting for someone to pay them to play a tune to the saint, and about a dozen vendors sold San Malverde memorabilia--candles, plaques, good luck amulets, prayer cards, and the like. (Hmmm, do I feel an idea for a StoptheDrugWar.org premium gestating?) The vendors told me that dozens, sometimes hundreds, of people arrive each day, some to pray, some to light candles, some to make donations, some to put up plaques: "Thanks to God and San Malverde for favors received." "Thanks to God, the Virgin of Guadalupe, and San Malverde for helping us move forward." "O miraculous Malverde, O, Malverde my Lord, Concede me this favor, And fill my heart with happiness." Given the way Mexico's drug war is raging these days, I would imagine the good saint is getting a real work-out. Mexicans are so inured to the daily drug war death toll that the newspapers generally relegate it to box score-type accounts, but when you or a friend or a family member is working in the trade, you probably figure some supernatural help can't hurt. I'll spend the next few days here in Culiacan. I had wanted to go up to the drug-producing areas in the mountains nearby, but so far, everyone is demurring--it's too dangerous, they say. Nonetheless, I'll keep working that and see what happens. On Tuesday and Wednesday, I'll be attending and "International Forum on Illicit Drugs: The Merida Initiative and the Experiences of Decriminalization," organized by the brave journalists of the Culiacan news weekly Riodoce. While the other Sinaloa papers have largely gone silent in the face of threats and killings, Riodoce keeps plugging away. I'll be meeting with some of the Riodoce staff tomorrow, right after I meet with Mercedes Murillo, head of the local human rights organization the Sinaloa Civic Front, which just a couple of days ago filed what could be a historic court motion to have military personnel accused of crimes against civilians tried in civilian--not military--court. There have been several nasty incidents of soldiers killing civilians here since Calderon sent in the troops, and under current Mexican law, they seem to get away with it. Stay tuned. It should be an interesting week. And then it's back to Mexico City to visit Saint Death and attend the Global Marijuana Day demonstration at the Alameda. (more pictures below the fold)

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Denying Organ Transplants to Medical Marijuana Patients is Evil

Remember when John McCain said we never arrest dying patients for medical marijuana? He asked for documentation and here it is. This man wasn't just arrested, he is now also being denied a liver transplant, without which he will die:SEATTLE (AP) — Timothy Garon's face and arms are hauntingly skeletal, but the fluid building up in his abdomen makes the 56-year-old musician look eight months pregnant.His liver, ravaged by hepatitis C, is failing. Without a new one, his doctors tell him, he will be dead in days.But Garon's been refused a spot on the transplant list, largely because he has used marijuana, even though it was legally approved for medical reasons.This is the legacy of the government's political war on medical marijuana. Patients are dying simply because some of our political leaders are afraid that showing compassion for the sick will lead to marijuana legalization. Healthcare and employment discrimination are the inevitable symptoms of our flawed federal policy, yet those who defend the war on patients couldn't be more oblivious to the brutal consequences of their intransigence.Meanwhile, U.S. News & World Report covers new research aimed at developing cannabinoid-based medicines that won't produce intoxication. The very existence of this research demonstrates once again that marijuana has long been understood to have remarkable medical potential. Now that even the drug warriors have conceded that point, and the scientific community has stopped debating and initiated product development, what justification exists for continuing to persecute patients who are already using this plant to treat their own illnesses? This controversy should be over now. Instead, patients are still dying in the war over medical marijuana and politicians are still pretending not to notice.

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Dr. Albert Hofmann, Father of LSD, Dead at 102

Internet rumors of his passing have been confirmed for us by a friend of Dr. Hofmann's. Dr. Albert Hofmann died of a heart attack this morning at his home in Basel, Switzerland. Hofmann inadvertently discovered the effects of LSD while researching the substance in 1943. He subsequently self-administered the drug deliberately and produced the first accounts of its powerful psychedelic effects. If you think 102 is old, just imagine how long he might have lived if he never did drugs!Update: The above line is sarcasm. Before posting it, I asked a couple smart people if they thought anyone might misunderstand and we decided it probably wouldn't be a problem. Well, it was, and a few commenters have come away with the incorrect impression that I think Dr. Hofmann would be better off if he never used drugs. This comment explains what I really meant. I won't stop cracking jokes in the blog, but I do apologize for this one. 

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If Marijuana is Dangerous, How Come No One Gets Hurt at These Huge 4/20 Parties?

This year's 4/20 holiday was bigger and bolder than ever before, generating big headlines, big web traffic, and really really big pot parties. Even the Drug Czar participated by suggesting the holiday is dangerous and warning parents to keep a close eye on their children. But for all the fanfare, no one got hurt on 4/20.I don't think one could possibly overstate how revealing that simple fact really is. Scanning the 4/20 news coverage, one fails utterly to find examples of the sort of negative outcomes we've been told to expect when people use this drug. Last week, more people got more stoned more publicly than any other day of the year. If pot is dangerous, this would be the time to learn that lesson in stark terms. So where are the hospitalizations? The fights? The car accidents? In Boulder, CO a turnout of 10,000 produced no arrests or mishaps. This means not only that police were ignoring open marijuana use, but that the users were remarkably well behaved under the influence of the drug. They didn't fight, steal, damage property, or do anything else that would have forced the police to take action. Out of 10,000 people at a completely disorganized marijuana-themed event, nothing went wrong at all. Similarly, at UC Santa Cruz a crowd of 6,000 led police to express embarrassment at their failure to suppress marijuana culture. And again, there were no arrests made for any offenses of any kind. Arrests and injuries are typical at sporting events, but not these giant impromptu 4/20 pot parties. This quote from the Santa Cruz Sentinel illustrates that point nicely:Monday, some readers and callers to the Sentinel expressed shock that police knew what was going on and yet nobody was arrested as they drove away from the gathering, apparently under the influence of marijuana.Grant Boles, a spokesman for the California Highway Patrol in Aptos, said the CHP made no arrests Sunday…Amazingly, the California Highway Patrol had an uneventful afternoon on the biggest pot-smoking day of the year. I guess no hippies crashed their cars that day. No one swerved over the yellow line and got pinched for DUI. You can bet we'd know about it if they had. I'm not saying people should get stoned and drive. I'm asking where to find the carnage we've been told to expect from stoned drivers.So often, we're told that if we change our marijuana laws, everyone will get stoned and it will be horrible. Yet, when marijuana is used gratuitously by massive crowds at unsanctioned events, negative outcomes are extraordinarily rare. The drug is simply not effective at hurting people.The whole "marijuana is harmless" argument for reforming marijuana laws certainly has its limitations, but damn, look how amazingly safe marijuana is! Wow!

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Man denied transplant because hes use's medical pot

U.W has denied him the kidney that would save his life, but because he use's medical pot for the pain, they won't even put him on the list. Theres got to be something that can be done?

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The End Game

Some folks may be wondering about the result of my court appearance. The attorney I hired had an excellent reputation, and a price tag of $3,500.00 which I paid up front. While awaiting trial, he had a stroke and I was afraid that he might not be able to work. Fortunately he recovered fully. On the day of the trial, I was frightened and sweating bullets waiting for him to arrive. He had already earned my concern as he was very difficult to contact by calling his office. I had even resorted to faxing him on two occasions in order to check on his progress. I don't feel it is micromanagement for the defendant to be informed on the case. At any rate, trial day came bright and sunny, and my name was called before the court. Guess what? No damned attorney. I explained the problem to the judge and he gave me time to attempt to find the lawyer. My wife called his office from home, and after raising hell she was told he was "en route" and "held up by traffic". He finally arrived a prepaid hour later, and made the rounds of the courtroom, glad-handing everyone from the court clerk to the judge. He then spoke privately with the judge, and called me out for a conference.

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yep

I am so glad I found this website. END PROHIBITION ONCE AND FOR ALL!

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If the police do it in public,is it still murder?

No,this isn't about another police assassination although there are plenty of those.This is a case of two criminals that robbed their drug dealer and were unlucky enough to get caught.I imagine the co

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Latest Drug Hot Spot for British: Prisons

Do you think drug prices are astronomical? Want to find a place where drugs are cheap and plentiful? If you are British, all you have to do is get convicted of a crime and sent to jail where drugs are reportedly cheaper than they are for non-prisoners: Prisoners are ignoring chances to escape because they would rather stay in their cushy jails where drugs are cheaper than on the outside, a prison chief officers has said. Lags at Britain's 'toughest' prisons are treated to breakfast in bed, have Sky TV in every cell and are given cash bonuses for good behavior. At one prison in Yorkshire, drug dealers and hookers regularly break IN to ply their trade by leaning ladders up against prison walls. But none of the criminals take the opportunity to leave because they have got it so easy, according to assistant general secretary of the Prison Officers Association Glyn Travis. Earlier in the month, Prime Minister Gordon Brown proposed to increase the length of prison sentences for marijuana smokers by three years. I criticized this move at the time, but maybe I misunderstood his intentions. Perhaps he just wants to give pot smokers access to the cheap stuff. But seriously, what’s the point of increasing the maximum sentence for marijuana smokers when the jails are overrun with drugs? It is absolutely baffling that the Prime Minister of a country can be concerned with non-violent marijuana smokers when the prison system is a joke. It is literally a joke. People are actually breaking into prison. That is something you would expect to see in a cartoon not actually happening in a developed country. This situation just further illustrates the failures of prohibition and the ridiculousness of Brown’s marijuana smoker crackdown. The British can’t keep the drugs out of their jails where they have direct surveillance over prisoners. And they somehow expect to win the war on drugs and prevent the circulation of them throughout the regular population? Give me a break.

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Clerics on Drug Policy: Religious Leaders Speak Out

The Interfaith Drug Policy Initiative and Common Sense for Drug Policy's new short film "Clergy Against the War on Drugs" does not offer scandalous footage of religious leaders using drugs, or advocating drug use, as prohibitionist advocates might wish to claim. What it does capture is a number of clergy from different religions and denominations offering their insightful views on the War on Drugs. These courageous community leaders have stepped forward to challenge the way our society deals with drug problems and to offer their experiences working with those who fall victim to these counterproductive and de-humanizing policies. It is truly inspiring to see religious leaders taking a stand and engaging in intelligent and humane discussions regarding our failed drug policies. This film not only shows clergy taking on political cowardice, the prison-industrial complex, the inequities of justice offered to drug offenders based on race and class, and other crucial aspects of the Drug War, it also shows them discussing the very real effects of this war on their own communities. "Clergy Against the War on Drugs" is compelling, honest and revealing. These women and men of various denominations demonstrate a keen understanding of the negative impact on community relations with law enforcement, and how prohibition's black market exacerbates problems and allows drugs to be sold to children. For those who would assume that representatives from communities of faith are too socially conservative or squeamish to take an enlightened stance on drug policy reform, watching this film will be quite a surprise. In reality, they are following in the proud tradition of Gandhi, the Rev. King, Dorothy Day, Oscar Romero, and numerous other religious leaders who were led by their faith to radical social activism. As an aside, I would add that when considering religious perspectives on drugs, we should remember that other traditions have equally valid positions on the issue. It is unfortunate that the voices of Rastafarians, members of the Native American Church, and some Hindu sects, to name a few, are often not heard or taken seriously in the debate on drugs. Instead, their claims of spiritual elevation using intoxicants are often disrespected and their ceremonies often unprotected by law. The Christian and Jewish leaders in the IDPI video who are speaking out for change should be commended for their courage and compassion. One of the most valuable lessons offered by "Clergy Against the War on Drugs" is the simple truth that the drug policy reform movement is not a movement of libertarians, economists, drug users, Latin American activists or any other niche group. It is a movement of all kinds of concerned citizens who want a more rational, compassionate way of dealing with a social problem than waging yet another war.

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Virginia v. Moore: Just Another Dumb Ruling, Not a Full-blown 4th Amendment Crisis

Yesterday's Supreme Court decision in Virginia v. Moore upheld the use of evidence seized during arrests that are illegal under state law. So now the whole "4th Amendment is Dead" choir is harmonizing again, this time about how police can now illegally arrest and search anyone anytime. But it ain't like that, not yet. My analysis is available here.I hate a bad search and seizure ruling as much as anyone, but I'm also the associate director of Flex Your Rights, where we teach people how to exercise their rights during police encounters. That mission is challenging enough without well-meaning Bill of Rights enthusiasts issuing hyperbolic eulogies for the 4th Amendment every 3-6 months. We face grave threats to our civil liberties, but ranking high among them is the fact that most of us don't have a clue what these rights are to begin with. Exaggerating the practical impact of bad rulings and legislation may feel like a strategy to get the public's attention, but it's not. That language merely serves to convince people that the battle is already lost and not worth fighting. It also exacerbates the widespread and tragic tendency of the majority of citizens to waive their constitutional rights whenever police ask them to.That's why we defend constitutional rights by teaching people to assert them, instead of running around pronouncing to our friends and neighbors that they have no rights.

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NY Times: Inmate Count In U.S. Dwarfs Other Nations'

NY Times article shedding more attention to our out-of-control criminal justice system. However, the interesting sidenote to this article is the number of experts who apparently claim that our punitiveness has been succesful in reducing violent crime. Their perspective is begging the question, though, whether incarceration prevents violent crime solely in the sense of specific deterrence while incarcerated, or on the overall -- viz. does it reduce recidivism? does it cause more violent crime among future generations (by incarcerating their Fathers, for example)? Choice Excerpt: "People who commit nonviolent crimes in the rest of the world are less likely to receive prison time and certainly less likely to receive long sentences. The United States is, for instance, the only advanced country that incarcerates people for minor property crimes like passing bad checks, Mr. Whitman wrote. Efforts to combat illegal drugs play a major role in explaining long prison sentences in the United States as well. In 1980, there were about 40,000 people in American jails and prisons for drug crimes. These days, there are almost 500,000. Those figures have drawn contempt from European critics. “The U.S. pursues the war on drugs with an ignorant fanaticism,” said Ms. Stern of King’s College.

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Another contender for the Marie Antoinette award

On 420 between 6 and 12 thousand people gathered in front of the Vancouver art gallery and smoked some dope and had an all out mellow time.As has been traditional,the cops stayed away and there was no

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The Heroin Addict President Can't Save Us From the Bombs of Xyzistan

...Or so says former prosecutor Charles Stimson, who has come completely unhinged in his drug policy debate with Saying Yes author Jacob Sullum in the Los Angeles Times. Here's the question:The last two presidents and two of the current candidates have either used illegal substances or have had substance abuse problems. Does this show that winners don’t always refuse to use drugs?Stimson's response begins as follows:Would you want a president who's under the influence?Imagine this:It's 3 a.m., and a phone rings in the vice president's quarters. A Secret Service agent answers the phone, listens, and then rushes into the VP's bedroom with the phone in hand and wakes him up.Agent (placing his hand over the mouthpiece of the phone): Mr. Vice President, the president of Xyzistan has threatened to launch a nuclear strike in 15 minutes. You must respond.Vice president: Where is the heck is the president? Why isn't he taking the lead on this issue?Agent: Sir, he's coming down from his heroin high. We tried to wake him up, sir, but he's out of it.Vice president: Give me the darn phone.I seriously have no clue what his point is. Of course no one wants the president nodding out on dope during a nuclear crisis. Where the hell did that come from? Is he saying that if we listen to Jacob Sullum, we'll be risking nuclear war?Not surprisingly at all, a google search reveals that Charles Stimson has a history of saying crazy shit. He was forced to resign from the Department of Defense last year following controversial remarks about the lawyers representing Guantanamo detainees. He literally got in trouble with the Bush Administration for taking things too far in the national security debate, which is quite an achievement. Fortunately for us, this trainwreck of a drug war debate will continue for two more days if LA Times doesn't invoke the slaughter rule and declare Sullum the winner today.

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Drug Czar Creates Handy Guide For Teens on Where To Obtain Prescription Drugs

Oddly, the Drug Czar has created a new webpage that offers great tips for any teen looking to catch a buzz. The page claims to be a warning guide for parents, but the potentially deadly secrets contained within it are available for anyone to see. I was able to access all of the site's content without even being asked to verify that I'm over 18. I've learned to steal drugs from the elderly because they don't monitor their pill count or throw away leftovers because they're super old and confused. Also, there's like a billion websites that don't even check prescriptions and will send me anything. I'm gonna go cure my boreditis now. Thanks, Office of National Drug Control Policy!

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Entrapment in the Granite State

A Concord, New Hampshire principal tricked a student into delivering two small bags of marijuana to a police ambush behind Bishop Brady High School. Principal Jean Barker took it upon herself to set up seventeen year old Concord High School senior John Huckins. After Confiscating another student's cellphone it received a message from Huckins asking "Yo, you need a bag." Presuming that Huckins was referring to marijuana she immediately attempted to get Huckins to come sell two bags of marijuana in the school parking lot. Huckins was immediately skeptical of the deal, nevertheless Barker was able to coax him into delivering the bags.Huckins arrived at school and was apprehended by the police. A quarter-ounce of marijuana was confiscated from Huckins person. Later he told the police that he used the drug to deal with anxiety issues according to the police report.Barker attempted to defend her actions claiming that Huckin's willingness to bring marijuana to the school placed her school at risk. Many other questions however remain unanswered. Immediately one must ask what gave the principal the right to use the student's cell phone to entrap Huckins? While texting illegal drug sales is never a good idea, what could give Barker the right to look at someone's personal message. This whole case stems back to a major invasion of privacy. If you open someone's mail it is a federal crime. I can't seem to understand why Barker's actions in opening the message wouldn't be? Huckins attorney Mark Howard makes an even more valid point,"It is a crime in the state of New Hampshire to elicit a drug offense if you are not either a police officer or working under the direction of a police officer," So now we get into more legal issues in regards to this would-be Drug Warrior. In attempting to take the Drug War into her own hands Jean Barker only incriminated herself. Huckins on the other hand is in a fight to be able to continue his education. Originally suspended for ten days he has now been kicked out of school for the rest of the year and risks losing his acceptance to college. Huckins had no criminal record prior to this event, now he deals with the risk of 7 years in jail for the quarter of marijuana he had that day.

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