So this came out
and now everyone’s a twitter. Well, some folks I guess. I don’t tweet. So therefore “everyone” can’t be correct. And just what is correct?
In this “ground breaking” memorandum Mr. Holder references two precedent cases to state his opinion. The first (Alleyne v. United States) is related to facts related to mandatory minimum sentencing. Basically, the SCOTUS ruling (5-4) states that the activity doesn’t have to be presented before a jury – the activity that would prompt the minimum.
You can read the ruling here:
The second case mentioned is the U.S. v. LaBonte. This relates to maximums. Something about a prosecutor having the where-with-all to push for the max, or not.
Again, I offer the cite (site?):
Theres’ an old adage in the criminal world, “Don’t do the crime if you can’t do the time.” And now I wonder exactly what crime draws what time.
Obviously, that’s at the whim of the judicial system.
And maybe they’re broke and might be thinking mandatory sentencing is costing waaay too many dollars, these day.
Cultivation of 150 pot plants will get you more time than 50. If no one mentions the number of plants (shrug, wink-wink) then no one need talk about mandatory minimums (secret handshake).
And this is all okay because everyone knows it’s only “people of color” that go to jail for dope anyway, right? So it’s kind of like a civil rights thing, right? Killing a Crow by another name (see:Jim Crow laws).
Good stuff. Right?
And now the Attorney General of these United States is saying he’d rather kick back and see how this whole cannabis legalization thing turns out in Washington and Colorado. Look here:
Holy moly! You mean it’s finally over?! After 73 years of hemp prohibition it’s finally over?! Hallelujah!
When I was in junior high school (8th grade) I had a class called “Government.” No really, it was a real class. That was were I memorized that whole, “We the people…” and learned a bunch of stuff about our system of government. True, I’ve forgotten most of it, but I seem to remember something about three branches. There’s the Executive, Judicial and Legislative.
The Legislative branch makes the laws of the land. The Department of Justice is the enforcement part of the Executive branch.
The whole intent of three branches of government is (was?) an attempt to “separate powers.” apparently, there’s no bright line in that separation. I’m quite sure my eighth grade teacher is currently rolling over in her grave (she was quite old at the time of my schooling).
All of those links above; all of the memorandums and quoting of legal precedents? They don’t mean squat. Not a damned thing.
As I type, marijuana is a schedule I controlled substance.
Holder, Cole, whomever can write all of the memos they care to. Policy can be stated as this that or another thing.
Until such time as the POTUS (yes, he can) or Congress pull marijuana from schedule I none of it means a damned thing.
Though, then again, maybe it does mean we got ’em on the ropes.
There is that. ☺