Florida's dopey dilemma
A dear friend of The B2J recently provided correspondence in the form of a newsletter that outlined a Florida Legislature attempt to strengthen one of the state's innumerable marijuana laws. The article offered the Libertarian Party's view on the subject, then promptly denounced the proposal as a gross infringement upon our civil rights as United States citizens.
In brief, one portion of Florida House of Representatives Bill (HB) 173 seeks to lower the standards for establishing prima facie evidence of intent to sell or distribute marijuana (its tandem Senate Bill is SB 390). What this means in common-sense B2 speak is that any person found to be in possession of 25 marijuana plants or more would automatically be assumed to be trafficking marijuana, regardless of any actual proof to establish such an accusation.
Civic order vs civil repression
Wow. You're a drug trafficker if you grow 25 plants in your sweet corn patch. I thought about this a bit, then thought a bit more before I concluded that there was something unsettling about the purpose and intent of HB 173.
But first, a disclaimer: Somewhere, at some time, journeying along the ponderous, debris-strewn, rut-filled road that comprises B2's life, Bill Clinton and I have indeed inhaled. However, I do not now use drugs or alcohol and verge near the dark side only due to a proclivity for Marlboro Mediums, vitamins, and aspirin (er...and also that new car smell - Man, I Jones for that new car smell!).
Ahem. I guess the reason I am troubled by the proposed legislation is because of my friend Danny who lives in North Florida. Danny deals with a potpourri of medical problems and is a user of medically-prescribed marijuana. Danny also grows his own. Truth be told, I don't know how many plants Danny has under cultivation, but if it is 25 or more he will be eligible for a felony conviction in the third degree, punishable by five years in prison and $5,000 in fines - whether he sells even a single ounce pot or not (and he doesn't sell).
And oh by the way ... Danny is childless but if there happened to be a gawky, pimply-faced adolescent about, proposed HB 173 also stipulates that those 25 plants would guarantee a first-degree felony sentence of 30 years in prison and a $10,000 fine.
The problem I have swallowing the premise behind HB 173 (that of major drug traffic interdiction) is that despite his medical impairments, Danny is a hard-working, productive, tax-paying, law-abiding citizen, as well as a decorated military veteran to boot. It is difficult for me to envision Danny doing five years of hard time at Stark because a county sheriff's deputy found him growing a garden plot of weed to help alleviate his daily suffering. But hey, that's just me.
Hoisted by your own hemptard
I know what some of you are thinking right about now, so before you go off on a cop-bashing jag, remember that law enforcement types do not legislate - they simply must enforce what comes down to them from the "people's representatives" in Tallahassee. The savvy cops know that there are real lawbreakers out there and they live to take them down, not muck up a kid's life because he/she puffed some skunk weed.
I am privileged to have acquaintances and friends within the law enforcement community, and a very high percentage of them agree that current personal possession laws are somewhat harsh and Prohibitionistic in nature. Yes, Rebecca, many cops actually do think this way and when it comes to small amounts of marijuana, here's why:
Florida courts currently recognize a medical necessity defense for medical marijuana patients. If HB 173 passes, legitimate medical marijuana patients who grow their own medicine could be wrongly accused of distributing marijuana;
Florida's already overcrowded jails do not need to be filled with nonviolent offenders whose only crime is growing marijuana for personal use; and
In Florida, a person can already be sentenced to one year in jail and fined $1,000 for possessing under 20 grams (less than one ounce; one ounce is approximately 28 grams) of marijuana. This makes Florida one of the nation's leaders when it comes to harsh punishment of marijuana users.
It's 420, you be the judge
Now mind you, I am not advocating open anarchy, lawlessness in the streets, or a drug-saturated society, but I'm just sayin'...
This proposed legislation may be overkill and simply not needed. If HB 173 as it stands is enacted, it is my opinion that it will do more harm than good.
You make up your own mind, but here's a kernel to chew on: According to recent Florida Department of Law Enforcement (FDLE) statistics, none of our marijuana laws has ever stopped people from using, buying, growing, or selling marijuana, let alone caused an appreciable decline in its use.
Meantime, may your lives be free of stems and seeds, y'all.