Medical Marijuana Patient Faces Life in Prison for a Half Ounce in Texas
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, 20, has been jailed on $40,000 bond since the June 27 arrest. He was busted with 14 grams of weed and hash.
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.
Brownwood, TX
United States
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Medical Marijuana Patient Faces Life in Prison for a Half Ounce
The cannabis laws are insane! With hundreds of millions of us taking this amazing healing caring spiritual substance, you'd think that the laws would lighten up!
"jury nullification" argument
Prisoners being held for the peaceful, non-violent possession, sale, transport or cultivation of cannabis hemp must be released immediately. Money and property seized must be returned. Criminal records must be wiped clean, amnesty granted and some sort of reparations paid for time served. These cannabis prisoners are the real victims of this monstrous crime against humanity called the “War on Drugs.”
The United States is supposed to be a free country, yet those who choose to smoke or eat this mostly harmless drug are penalized. An American can go out and drink themself to death, but they cannot freely use a drug which is less toxic and less prone to making one out of control than alcohol. I say this is not only unfair, but also un-American!
The police, prosecutors and prison guards should not be in charge of which herbal therapies people may use to treat their personal health problems.
Federal Judge Francis Young in 1988 called “one of the safest therapeutically active substances known to man.”
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