18 Dec Marijuana use freedom does not allow imposing pot on others.
By Jon Katz, a criminal defense lawyer, drug defense lawyer, marijuana defense lawyer, and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients.
I only attended one Grateful Dead concert, in 1982 near the start of my sophomore college year. Entering the Boston Garden arena, I noticed a sharp reduction of available oxygen, replaced by the heavy stink of marijuana. There, I was a witting consumer of secondhand marijuana smoke, feeling no effects beyond those listed above. I enjoyed the concert, but was a jazz fanatic who did not feel a pull for a repeat performance.
A few years later, I heard about people/person mixing LSD and water in a water pistol and shooting it at people at Grateful Dead concerts. I do not know if that is a mere rumor, nor about how well LSD absorbs through the skin (although LSD founder Albert Hoffmann apparently got an unwitting and wonderful trip from handling a psychedelic with his bare fingers), but I understand that one of the watchwords of LSD consumption is that if it is going to be used, to do so in a comforting and supportive setting. Being sprayed with it and not knowing what is in the spray is likely to lead to a bad trip, at least for someone who has not experienced LSD before.
Now, a recent story from Colorado reports on prosecutions against two college students for allegedly giving pot brownies to a few people without telling them that marijuana was inside. I am curious how the prosecution plans to prove the charge, unless the defendants confessed, or unless one or more recipients had uneaten portions of brownie that tested positive by a chemist for marijuana ingredients. If the latter evidence is the only available physical evidence beyond illness, how will the prosecution be able to show the defendants knew marijuana was therein? Perhaps the defendants were given the brownies by someone else.
In any event, in case anyone was curious, the legalization of marijuana for personal use in Colorado clearly is not going to make it legal to surreptiously slip marijuana into other people’s brownies. That goes without saying.