Public Defense

A big win for war on drugs

By Gideon

Last week, the 2nd Circuit delivered a crushing blow on the war on drugs sanity and common sense. The Second held (for the first time, it is worth nothing) that sharing drugs is “illegal distribution” of drugs.

Police raided [Wallace's] apartment and recovered from Wallace’s bedroom 1.5 grams of cocaine base, a number of ziplock bags, 91.22 grams of marijuana, an AK-47 semi-automatic assault weapon and $460 in cash.

After receiving Miranda warnings, Wallace told police the drugs were for his personal use and, sometimes, for his friends. He said the gun belonged to his father and was kept for protection. He also said the bags were for dividing up the drugs so his friends would not know how much he had and “use it all up.”

No big deal, said the Second Circuit. The act of giving it to someone else makes you a drug dealer - regardless of whether you receive something in return (such as money).

[Judge] Jacobs said the word “distribute” in the statute means “to deliver” and the word “deliver” means “the actual, constructive, or attempted transfer of a controlled substance.”

The court rationalized that Congress, in passing the statute, did not include anything about “consideration” in exchange for the drugs, therefore they meant to treat “passing a joint” differently than hoarding all that pot and smoking it yourself, dammit - I hate you.

In doing so, the Court has now lumped international drug smugglers together with the two 30-year old kids who never grew up, sitting in one of their mothers’ basement, sharing a joint*. Clearly, this is something that Congress definitely intended. I mean, those two guys are capable of causing so much mayhem - think of all the runs to the grocery store to grab all the munchies they can! Will anything be left for the rest of us!? Is nothing sacred anymore!!!?

Unintentionally, doesn’t this create more incentive for people to buy their own drugs instead of mooching off of someone else? So, perhaps, there will be more people buying drugs than before. You better believe it when I tell you that the next time you come over, you can not share my stash. BYOP.

*Yes, I’m beating a dead stereotype. Sue me.

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Full post as published by A Public Defender on July 17, 2008 (boomark / email).