NCJ Number
183275
Date Published
1996
Length
271 pages
Annotation
This book explains how people can reduce the probability of arrest for the use, possession, sale, or cultivation of marijuana and defend themselves from prosecution if arrested.
Abstract
The author reviews Federal and State law regarding the use, possession, sale, or cultivation of marijuana, noting that 48 States and the District of Columbia have adopted the same basic anti-drug laws known as the Uniform Controlled Substances Act or the Uniform Narcotic Drug Act. In these States, the laws are generally identical except for sentencing. The only two States that have not adopted this legislation are New Hampshire and Vermont; however, the law in those States is nearly identical to that in all the others. In addition to reviewing marijuana law, the book cites court cases that involve the interpretation of existing marijuana law. Although noting that the U.S. Supreme Court has narrowed the rights of citizens regarding voluntary drug consumption, the core of this book explains the rights that still remain for those who exercise what the author believes is a right that has been taken away by drug laws, i.e., the right to consume into one's body what one chooses as long as others' rights are not violated. The book focuses upon laws against intrusive police practices, specifically, when a police officer can legally stop a person; when a person can be searched by police; when the police must read citizens their rights; and what to do if an officer comes to one's home with or without a search warrant. The focus is on how to counter many police tactics simply by knowing one's constitutional rights. This expanded edition also contains the latest information on the "necessity" defense in medical marijuana cases, drug testing, and Federal sentencing guidelines. Practical tips are offered on individual rights and avoiding surveillance. This edition has appendixes on the Bill of Rights, wallet cards, State-by-State punishment for marijuana crimes, as well as the 13 Federal circuits, and an expanded subject index.