NCJ Number
82294
Date Published
1981
Length
274 pages
Annotation
This book describes the legal rules and procedures relating to growing, transporting, and using marijuana in the United States in order to provide marijuana users and growers with the information they need to guarantee their constitutional rights and to protect their privacy and property.
Abstract
The author is an attorney who advocates the legalization of marijuana but emphasizes that its use, possession, cultivation, and sale are now crimes. He also personally recommends the nonuse of all drugs. Noting that the powers of the police are extensive, the text is designed to clarify the individual's rights. Emphasis is placed on the U.S. Supreme Court's interpretations of the fourth and fifth amendments, which cover the right to be free from unreasonable searches and seizures and the right to remain silent when accused of a crime. A history of American drug laws reviews social attitudes, laws, and court decisions related to alcohol, tobacco, opium, coffee, cocaine, and marijuana. Police powers, the individual's rights, and the steps an individual can take to protect those rights are explained with respect to growing marijuana, entrapment, wiretaps, and searches of the individual's home or mail. For persons who transport marijuana, information and advice are also given regarding automobile, boat, airport, and customs searches. Guidelines are given for the use of an attorney, interactions with the police, and the handling of the various steps in the court process. Actual legal cases are used throughout the text to illustrate the points of law. The legalization of all drugs for use by adults is advocated. Chapter notes, an index, and an appendix presenting a state-by-state summary of marijuana crimes and punishments are provided.