Cape Coral resident Micah Dailey was arrested for misdemeanor marijuana possession. He was booked into the Lee County Jail, and by the looks of the shirt on his mug shot, he should have seen it coming…
Cape Coral Resident Micah Dailey
To make matters worse, even though the marijuana possession is only a misdemeanor charge, the cop charged Dailey with a felony possession of paraphernalia. Generally paraphernalia charge is a misdemeanor, but the cop alleged him with transportation of drug paraphernalia, which is a felony. He doesn’t say why it’s the enhanced charge, though theoretically, it’s possible, that the altoid box in which he found some leaves could be considered a use to transport a controlled substance (I have never seen the statute applied in that way). It seems silly to make the altoid box substantially more serious than the drugs contained therein. Sadly, the cop is a rookie and probably just typed in the wrong subsection of the paraphernalia statute. The end result being this kid is now facing a ridiculous felony charge because he has .025 g of weed.
via Gawker: http://gawker.com/this-poor-guy-could-not-have-picked-a-better-shirt-to-g-1652973448
Posted in Cape Coral / Southwest Florida, Criminal Law, Drugs, Florida, North Fort Myers / Southwest Florida
Tagged cape coral, drugs, lcso, lee county, marijuana, monopoly, mug shot, paraphernalia
- Teen sold pot brownies.
- Could be sentenced to life in prison.
Jacob Lavoro Mug
Texas authorities have enhanced the charges against Jacob Lavoro, a 19-year-old, because he drew the oil out of the marijuana leaves, thereby ‘refining’ it. He baked the marijuana in to pot brownies, which he sold for $25 each. So, he committed a crime, but a life penalty doesn’t fit the crime. Keep in mind, he hasn’t been sentenced to life in prison, and its unlikely any prosecutor or judge would do so. But he could be looking at some serious jail time. It may not be a crime in Colorado, but it certainly is in Texas, as it is in Florida.
via nbc-2: http://www.nbc-2.com/story/25588521/life-sentence-for-pot-brownies#.U34YbJRdU_M
Justin Bieber Mug Shot
Canadian pop-singer Justin Bieber was detained and questioned upon reentry to the United States after and Asian trip (he is a U.S. resident). They are calling routine secondary questioning, but it is clearly a result of his ongoing legal issues. Frankly, as he hasn’t been convicted of anything, they were probably more concerned that he might be transporting drugs into the country, after news reports claimed that he has taken marijuana-saturated plane trips in recent weeks. I still doubt that Bieber is going to have to worry about deportation, though it has happened to other foreigners, such as singer Boy George, who had a false imprisonment conviction. Apparently George has been granted permission to return for upcoming performances after a decade of inadmissibility.
- Woolsey was given 13 years in Federal Prison for Marijuana Trafficking and some related charges
- There is a change.org petition encouraging his sentence be commuted by the Obama administration
We covered the case of Karey Lee Woolsey when he released an album while serving prison time for marijuana charges, and related witness tampering and money laundering charges. He took a plea and was sentenced to 13 years in federal prison, as opposed to risking even more time if he lost at trial. Woolsey is now hoping that changing attitudes regarding marijuana might convince the current presidential administration that such a lengthy sentence isn’t warranted for marijuana related charges.His mother is running a signature petition on change.org. At this time, Federal law still prohibits any possession of marijuana, so it’s not a case of a change in the laws under which he was sentenced. Still, the president has the power to commute a sentence, and AG Eric Holder has been making moves to reduce sentences for non-violent drug offenders.
Also, it appears Woolsey is releasing a new single for free next week, links for that and the petition are in the News Press story: http://www.news-press.com/story/news/local/cape-coral/2014/04/17/musician-wants-sentence-tune-crime/7804625/
The legal challenge to the ballot initiative for legalizing medical marijuana has been denied by the Supreme Court, and Florida voters will get a chance to allow medical marijuana when they go to the polls later this year. The denial was a blow to Attorney General Pamela Bondi, who raised the challenge to the wording of the ballot initiative. The political side effect is that it may hurt her reelection chances if the marijuana vote draws more democrats to the polls. Governor Rick Scott has also come out against medical marijuana, while his challenger, Charlie Crist is for it. Crist is employed by attorney John Morgan, who is the primary financial backer of medical marijuana. Morgan and his organization poured 4 million dollars into the signature drive, which was successful in garnering the necessary vote to get the measure on the ballot.
This is just the beginning of the campaign: supporters still face an uphill battle to garner the required 60% of the vote for the measure to pass. It will be interesting to see how the candidates incorporate their support or disapproval of the measure during their campaigns.
Is it Medicinal?
The ballot initiative for medical marijuana has garnered enough signatures to be on the ballot in the upcoming election. It still faces a challenge, as the state Attorney General, Pam Bondi, has filed suit to keep it off the ballot, alleging the language is unclear or misleading. The state Supreme Court has heard argument, and will make a ruling whether the initiative will be on the ballot.
There is some political intrigue, as noted in the linked story above, because democratic gubernatorial candidate Charlie Crist works for attorney John Morgan, who has been the main backer of the medical marijuana movement in Florida. If marijuana is on the ballot, it would probably be a boon to his candidate, Crist. Meanwhile, if Bondi is able to keep the measure off the ballot, that will probably assist she and other Republican candidates, such as incumbent governor Rick Scott. Those factors may play as large a role as anything in the marijuana debate that Florida will encounter this year.
The topic is serious, with thousands of ill Floridians unable to seek medicinal marijuana to ease symptoms of Cancer, AIDS, and other ailments. However, Florida Weekly’s take is just too funny not to share. As we have noted before, Attorney John Morgan, of Morgan & Morgan has put his money behind his belief and is spearheading a petition drive to get medicinal marijuana on the Florida ballot. The current hurdle is a legal challenge to the wording of the proposed initiative by Florida Attorney General Pam Bondi. That is being decided in court right now. Until that is resolved, enjoy this image of a grinning John Morgan superimposed over a mess of marijuana. “For the Reefer” indeed… well played FL Weekly!
Florida Weekly Cover
Crimcourts is on record against legalization for the simple reason that I’m a defense attorney… it would be bad for business!