Drugs
In Virginia, no stems, no seeds that you don’t need?
Image from public domain. In Virginia, so long as one-half ounce or less is involved, distribution and possession with intent to distribute marijuana is only punishable as a misdemeanor rather than as a felony. Va. Code § 18.2-248.1. What happens, then, if the police catch...
Keeping Drug Field Tests Out of Evidence
Virginia has a statute allowing marijuana field testing testimony into evidence: “In any trial for a violation of § 18.2-250.1, any law-enforcement officer shall be permitted to testify as to the results of any marijuana field test approved as accurate and reliable by the Department...
James Shellow on cross-examining drug analysts
On a recent criminal defense lawyers’ listserv thread, a colleague recommended James Shellow’s Cross Examination of the Analyst in Drug Prosecutions (Lexis-Nexis). My colleague who posted on Shellow’s above-listed treatise points out that he was a chemist before going to law school. Interestingly, Justice Scalia references Shellow, as...
Discovering and Addressing Marijuana’s Benefits and Harms: Four perspectives
Image from public domain. Recently, I spoke about marijuana’s safety and marijuana laws with a forensic chemist who typically testifies for the criminal defense side. He believes very strongly in keeping marijuana illegal — even for medicinal use — and that its benefits are far outweighed...
The drug wars are more harmful than drugs
Having finished high school before the D.A.R.E. program, how did I stay away from using illegal drugs other than ultimately smoking marijuana literally a handful of times? It did not hurt that I always found tobacco-cigarette smoking gross, and joint-smoking even uglier, since joints looked...
Congress moves ahead on eliminating the statutory crack:powder cocaine sentencing disparity
On May 1, 2009, I blogged about the Justice Department’s efforts on eliminating the statutory disparities between crack and powder cocaine sentencing. Thanks to Congressman Robert "Bobby" C. Scott (D-Va.) for his introduction of the "Fairness in Cocaine Sentencing Act of 2009." H.R. 3245. Families Against Mandatory...
Sentencing havoc from a speck of cocaine
DEA image in the public domain. Federal courts repeatedly impose harsh prison sentences, including with drug sentencing schemes that should not exist in a just world. Although the federal sentencing guidelines by now are advisory only, many federal judges still rely heavily on them, as...
Attack claims of reliable and unbroken drug chain of custody
The criminal justice system is so overgrown that crime evidence is bound too often to get mixed up, misplaced, and contaminated. For drug prosecutions, the suspected drugs may pass through several hands before being tested by a chemist. Often, the seizing police officers have the...
Underdog is three years old / Happy 420
Today, Underdog is three years old. We launched on 4-20-06.with this tribute to 420. Reprinted below is our 4-20-08 anniversary blog entry: Since our 2006 launching, Underdog has blogged every weekday, except for holidays and a few vacation days (sometimes I blog a few articles...
Atrocities plague the drug war, too
War breeds atrocities. We saw it with Abu Ghraib, My Lai, mini-My Lais and the list continues pathetically and endlessly. Consequently, great care must be taken by the government in deciding when and how to wage armed war and war in the criminal justice system...