Drugs

Although drug possession consists of knowledge, dominion and control over the drugs, that does not automatically prevent a person from being arrested, prosecuted and convicted for being in the knowing presence of drugs without having any other involvement with them. Last Friday, Maryland’s highest court,...

DEA image in the public domain. Can humans detect unburnt cocaine odor? The Maryland Court of Special Appeals said in 2003 it is “scientifically impossible that the confiscated drug could be detected because the cocaine seized and the caffeine with which it was cut had no detectible odor.”...

Last September, I blogged about efforts in the United States House of Representatives to eliminate bars to federal financial aid for simple drug possession convictions. My recent check on Congress’s Thomas website showed that the measure passed the House of Representatives and was referred to...

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...

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...

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...

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...

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...

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...

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...