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Wednesday, March 25, 2009

Ganja is kind of legal (especially if you're addicted to it)

The Supreme Court has ruled that you cannot be prosecuted for what you put in your own body-especially if you're addicted to it. In the early 1920s Dr. Linder was convicted for giving his patient who was a narcotics addict 1 morophine tablet & 3 cocaine tablets; his conviction was overturned because they declared it was acceptable to give addicts small amounts of drugs to alleviate pain from their addiction (Linder v. United States) .
A similar incident where a CA state law made it illegal to be an addict was overturned in 1962 because punishing an addict for being an addict is cruel & unusual, which makes it unconstitutional (Robinson v. California).
They clarified their ruling in Powell v. Texas six years later when a man tried to use the Robinson decision as precedent because he had been arrested for being drunk in public, arguing because he was an alcoholic he couldn't help it. They upheld his conviction, which basically said you cannot be convicted for ingesting drugs but you can for actions such as DUI or public drunkedness-- in other words, you may only be prosecuted for your conduct, not for what you put in your own body. Crazy huh? Pass the word around so this "forgotted precedent" won't be forgotten anymore & we can put criminals instead of addicts behind bars.

I got this information from a book called 100 Things You're Not Supposed to Know by Russ Kick.

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