I think it will be very interesting how his second trial unfolds now that he will have a better legal team with better expert witnesses to debunk the dubious testimony of the prosecution.

The prosecution isn’t showing any signs of dropping the charges; if anything they seem to be hell bent on keeping Maye behind bars:

“Certainly we disagree,” said District Attorney Hal Kittrell, adding that the attorney general’s office will seek a rehearing on the matter and will appeal, if necessary, to the state Supreme Court.

If the courts all agree that a new trial is necessary, there will be another trial because prosecutors believe Maye is guilty, he said. “We didn’t buy it (his self-defense claim), nor did a jury, so we’ll go back.”

For more background on the Cory Maye saga, here are some of my previous posts on the case posted here and elsewhere.

Reason.tv also did a great job telling Cory’s story (below).

The Denver Post is having guest columnists who are staunchly pro-legalization write persuasive and articulate articles which could be mistaken for something you might read here at The Liberty Papers. Here’s an excerpt from an article written by Robert Cory Jr.

Today, not much about Colorado’s economy moves. The state is broke and releases prisoners because it cannot afford to keep them. The governor slashes the higher education budget 40 percent. People lose jobs, homes and financial security. Our leaders face serious issues.

And what keeps some politicians up at night? That sneaking suspicion that some suffering cancer patient may gain limited pain relief through medical marijuana, coupled with that gnawing certainty that someone, somewhere, actually grew the plant for that patient.

But government cannot repeal the laws of supply and demand, and cannot extinguish the spark of freedom in peoples’ hearts. Now, the marijuana distribution chain becomes legal. Responsible entrepreneurs open shops to supply a skyrocketing demand for medicine. These small businesses serve needy patients. They pay taxes. They hire employees. They lease space. They advertise. And the drug war industrial complex can’t stand it.

The article only gets better from there. I find it very encouraging that Colorado’s newspaper of record would print this and that citizens are pushing back against big government, if only on this issue.

Last week the Minnesota Supreme Court ruled that bong water is an illegal drug. Under state law, a controlled substance includes any “mixture” containing that substance, “regardless of purity.” The consequences of reading that definition literally can be severe. In the case before the court, a woman whose bong contained 37 grams of water with traces of methamphetamine will now be treated as if she possessed 37 grams of speed, which converts possession of drug paraphernalia, a petty misdemeanor punishable by a $300 fine, into a a first-degree drug offense, punishable by seven or more years in prison.

Wow… According to such a ruling, and since the old wives’ tale is true, I must be carrying cocaine with a street value of $35 around with me (one Jackson, two Lincolns and five Washingtons). Good thing I’m not carrying any c-notes today! A Benji would certainly push up the mandatory minimum!

Here’s a thought Mr. Suthers: rather than trying to interpret the law yourself, why not allow the state legislature and/or Colorado voters clarify the law. In the meantime, while the law in your opinion is vague, err on the side of freedom by no longer prosecuting medical marijuana users or dispensary operators.

Greeley (Colorado) City Council member Carrol Martin also expressed concerns with the Obama Administration’s change in federal policy: “The federal government says they’re not going to control it [medical marijuana], so the only other option we have is to control it ourselves” and “If we have no regulations at all, then we can’t control it, and our police officers have their hands tied.”

Councilman, I would argue that this is a very good thing. You are no longer responsible for enforcing federal laws but state and local laws regarding medical marijuana. Your police officers “have their hands tied”? I think it’s quite the opposite councilman. Your police department can now concentrate on violent crime rather than spend valuable resources on going after non-violent, medicinal, marijuana users and their suppliers. If anything, the Greeley police has their hands freed!

In a time when we have an administration which wants to control banking, housing, the auto industry, the healthcare industry, and everything in-between we have one instance of the same administration relinquishing control and giving it back to the states. This is the perfect opportunity for states to act as independent laboratories of government. Some will pass stricter controls on medical marijuana (or outright ban it) while others may go the other direction and outright decriminalize or leagalize marijuana altogether.

Kirk Johnson writing for The New York Times:

Some legal scholars said the federal government, by deciding not to enforce its own laws (possession and the sale of marijuana remain federal crimes), has introduced an unpredictable variable into the drug regulation system.

“The next step would be a particular state deciding to legalize marijuana entirely,” said Peter J. Cohen, a doctor and a lawyer who teaches public health law at Georgetown University. If federal prosecutors kept their distance even then, Dr. Cohen said, legalized marijuana would become a de facto reality.

Senator Morrisette in Oregon said he thought that exact situation — a state moving toward legalization, perhaps California — could play out much sooner now than might have been imagined even a few weeks ago. And the continuing recession would only help, he said, with advocates for legalization able to promise relief to an overburdened prison system and injection of tax revenues to the state budget.

This seems like a very reasonable step to take for California from a purely economic standpoint. As I reported in my post Reforming America’s Prison System: The Time Has Come, last year California spent almost $10 million on corrections, more than half of the U.S. prison population accounts for drug offenses, 75% of state drug offenders are non-violent offenders, and that nearly half of all drug arrests in the U.S. were for marijuana offenses.

By my math, that would mean that if California* released all non-violent marijuana users and stopped prosecuting new cases involving non-violent marijuana use, the state could cut its prison population by 19% and save California taxpayers about $2 million** per year just on corrections (to say nothing of other costs associated with policing marijuana use).

If California or any other state tried such a bold approach, the American public would most likely learn that legalization does not lead to the sort of mayhem drug warriors have warned us of over the decades***. We would most certainly not see the sort of mayhem that has occurred via the drug war.

Not only does this perfect storm which the Obama Administration created have possible implications for the War on (Some) Drugs, but the very concept of Federalism itself. What might state governments learn about self governing once they have been encouraged to do so? Might the states resist the next attempted power grab from Washington?

There are many exciting possibilities. Those of us who advocate for smaller government should make the most of this opportunity.

*Assuming that California’s prison statistics are in line with the overall national statistics.

** I know $2 million doesn’t seem like a whole lot but in states which are in financial trouble as much as California, every little bit helps.

***Portugal is a real world case study of drug decriminalization; I don’t believe the results would be much different here.

When Sally Harpold bought cold medicine for her family back in March, she never dreamed that four months later she would end up in handcuffs.

…

Harpold is a grandmother of triplets who bought one box of Zyrtec-D cold medicine for her husband at a Rockville pharmacy. Less than seven days later, she bought a box of Mucinex-D cold medicine for her adult daughter at a Clinton pharmacy, thereby purchasing 3.6 grams total of pseudoephedrine in a week’s time.

Those two purchases put her in violation of Indiana law 35-48-4-14.7, which restricts the sale of ephedrine and pseudoephedrine, or PSE, products to no more than 3.0 grams within any seven-day period.

When the police came knocking at the door of Harpold’s Parke County residence on July 30, she was arrested on a Vermillion County warrant for a class-C misdemeanor, which carries a sentence of up to 60 days in jail and up to a $500 fine. But through a deferral program offered by Vermillion County Prosecutor Nina Alexander, the charge could be wiped from Harpold’s record by mid-September.

You know the only thing worse than a police force given the discretion to determine whether or not a lawbreaker is a real threat to society and should be arrested for a crime — a situation which can lead to unintended consequences of racist enforcement, letting cronies off the hook, etc? A police force which enforces horrible, no-good, very bad laws evenly.

H/T: Reason

• Prostitution and “commercialized vice” — 75,004 arrests
• Gambling — 9,811 arrests
• Drug Possession — 1,401,188 arrests
  • Heroin or Cocaine Possession — 342,210 arrests
  • Marijuana — 754,224 arrests
  • Synthetic drugs (i.e., crystal meth) — 56,184 arrests
  • Other “dangerous” drugs — 248,570

Which leaves us with a grand total of 1,486,003 Americans arrested in 2008 for victimless crimes.

H/T: Coyote Blog and Radley Balko

STEPHENS COUNTY, Ga. — A pastor was shot and killed following a drug sting in Stephens County, Ga., on Tuesday, and the officers involved and friends of the pastor are giving different versions of what led up to the shooting.

The Stephens County coroner confirmed that 28-year-old Jonathan Ayers was pronounced dead at Stephens County Hospital on Tuesday.

Ayers, a father-to-be, was the pastor of the Shoal Creek Baptist Church. He maintained a personal blog linked off the church’s Web page, jonathanayers.blogspot.com.

Sheriff Randy Shirley said that officers had been involved in an undercover drug sting at an unnamed establishment in Toccoa. He said the target of the sting was a passenger in Ayers’ car. Shirley said Ayers dropped the woman off and went to the Shell station. He said the officers followed Ayers there.

hirley said, outside the Shell station, the plain-clothes officers identified themselves with a badge. The officers said that Ayers put his car in reverse and struck and agent. They said they opened fire on Ayers when he drove toward the second officer. Two shots were fired in the car, one hit Ayers. The officers said Ayers sped away and crashed about a half mile from the Shell station. They said they found him conscious and alert, but he died a short time later.

The woman who was the subject of the drug sting was arrested, but police are not identifying her yet. She is charged with selling cocaine. Other charges against her are pending.

Investigators said they did not find drugs in Ayers’ car.

“They deserve punishment,” said Ayers’ sister, Rebecca Floyd. “They deserve to feel somewhat of the pain we’re feeling, because I can’t get my brother back he’s gone forever.”

And, no doubt, the officers won’t receive any punishment at all.

KISSIMMEE, Fla. — A man is suing the Kissimmee Police Department for an arrest over mints. When officers pulled Donald May over for an expired tag, they thought the mints he was chewing were crack and arrested him.

May told Eyewitness News they wouldn’t let him out of jail for three months until tests proved the so-called drugs were candy.

May said he was just minding his business, driving home from work, when a Kissimmee police officer pulled him over near 192.

“I don’t know how it occurred,” he said.

May was pulled over for an expired tag on his car. When the officer walked up to him, he noticed something white in May’s mouth. May said it was breath mints, but the officer thought it was crack cocaine.

“He took them out of my mouth and put them in a baggy and locked me up [for] possession of cocaine and tampering with evidence,” May explained.

The officer claimed he field-tested the evidence and it tested positive for drugs. The officer said he saw May buying drugs while he was stopped at an intersection. He also stated in his report May waived his Miranda rights and voluntarily admitted to buying drugs.

May said that never happened.

“My client never admitted he purchased crack cocaine. Why would he say that?” attorney Adam Sudbury said.

Obviously, he was high on antacid.

Police raids on medical marijuana dispensaries continue–and continue with federal help, despite an Obama promise to end federal raids on state-legal medical pot dealers.

Of course, Obama gave his Justice Department a loophole, with Attorney General Eric Holder saying back in March that his DEA’s resources would “go after those people who violate both federal and state law….Given the limited resources that we have, our focus will be on people, organizations that are growing, cultivating substantial amounts of marijuana and doing so in a way that’s inconsistent with federal and state law.” This was a way to live up to Obama’s promise that federal raids on people who were not violating their own state’s law regarding medical marijuana would cease.

Unfortunately, so far it’s hard to know how serious to take this promise in relation to these latest L.A. raids, since the federal agents’ role in the raids on two Westside pot dispensaries (and their owners’ private homes) is still unexplained as of this writing. As the San Jose Mercury News reports.

Authorities are not saying why they raided two medical marijuana clinics and arrested the operator at his Los Angeles home. Jeffrey Joseph was free on bail Thursday, one day after local and federal agents searched his home and the dispensaries in Los Angeles and Culver City. Agents seized 450 plants and hundreds of pounds of marijuana products.

Spokespeople for the Drug Enforcement Administration, Los Angeles police, and the U.S. attorney say they don’t know what Joseph was book on. County prosecutors released no details.

Distributing medical pot is legal under California law but it’s a federal crime. However, the U.S. attorney general has said he wouldn’t target distributors unless state and federal laws were broken. County prosecutors say the task force was acting on a state warrant.

There’s a little history here. Medical Marijuana dispensaries have become much more common in Los Angeles over the last few years due to several loopholes and exemptions that made it possible for them to open quickly. The city council has been trying recently to cut down on these loopholes in order to reduce the number of operating dispensaries, but their own legal exemptions are making it very hard to do this quickly.

So how to close these shops without having to go through arduous examinations of dispensaries’ “hardship exemption” applications? Simple, prove they’ve been doing something else to break the guidelines. On the bright side, they can then call in the big guns at the DEA to lend a hand! It’s win-win for the City Council and the Feds (and a big LOSE for the dispensary owners and their customers, of course).

Sadly, many of the dispensaries are making the job easy on the city. A personal acquaintance of mine is a CPA and runs the books for several of these dispensaries, and this is his take on the matter:

The more I interact within this industry the more I realize how illegal most of these operations are. The state attorney general set up specific guidelines, as did the state board of equalization, that would allow an owner to operate freely without fear of raids & prosecution. The key issue in these operations is transparency, which most dispensaries fail to realize. Those operations that have their doors and books open to state and city regulators are never harassed. The clubs that operate outside of the guidelines are always targeted. And from a accounting and tax standpoint, it’s extremely simple to figure out who is operating by the book and who’s not.

I tell all my new clients to always be aware of the fact that the board of equalization is keeping a close eye on the industry to ensure that every sale is taxed and that every penny is sent to the state. The state BOE is in bed with the Feds and have no problem calling for the leg-breakers (the IRS) when they feel they’re being ripped off; which in most cases they are.

These raids are a violent and disruptive elucidation of one critical aspect of business in our government-dominated world — your business exists at the pleasure of the state. If they want to find a reason to come after you, they will find a reason to come after you, or manufacture one. There are a lot of regulations attached to any business, and even more to the medical marijuana industry. If they’re watching, they’ll catch you breaking one of them:

The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.
-Ayn Rand

This is the modern equivalent to catching Al Capone on tax evasion, when there wasn’t enough to bust him on the charges of bootlegging (and everything else he was involved in). Obama’s not technically breaking his promise here, but he’s still offering to bring in the big guns and prosecute pot dispensaries if they violate tax laws. He’s violating the spirit of the promise.

I find it pretty depressing. There was a time when we condescendingly used the term “your papers, please” to distinguish ourselves from Eastern Block countries and other authoritarian states. Post-Hiibel, America has become a place where a harmless, 68-year-old man out on a stroll can be stopped, interrogated, detained, and forced to produce proof of identification to state authorities, despite having committed no crime.

Maybe what makes it comical rather than a tragedy is that it happened to a famous guy rather than some ordinary person.

“Legalization [of marijuana] is not in the president’s vocabulary, and it’s not in mine,”

- Gil Kerlikowske, director of the White House’s Office of National Drug Control Policy.

THIS BOOK IS BASED on a single idea: You should be allowed to do whatever you want with your own person and property, as long as you don’t physically harm the person or property of a nonconsenting other.

Thus begins a book that everyone interested in politics should read; Ain’t Nobody’s Business If You Do: The Absurdity of Consensual Crimes in a Free Country by Peter McWilliams.  Published in 1998, it is a damning survey of how the United States had become a state composed of “clergymen with billy-clubs”.  It analyzes the consequences of punishing so-called victimless crimes from numerous viewpoints, demonstrating that regardless of what you think is the most important organizing principle or purpose of society the investigation, prosecution and punishment of these non-crimes is harmful to society.

This remarkable book is now posted online, and if one can bear to wade through the awful website design, one will find lots of thought-provoking worthwhile commentary, analysis, theory and history.

His final chapter, on how to change the system, while consisting mainly of pie-in-the-sky, ineffective suggestions of working within the system, starts of with an extremely good bit of advice that I urge all our readers to try:

The single most effective form of change is one-on-one interaction with the people you come into contact with day-by-day. The next time someone condemns a consensual activity in your presence, you can ask the simple question, “Well, isn’t that their own business?” Asking this, of course, may be like hitting a beehive with a baseball bat, and it may seem—after the commotion (and emotion) has died down—that attitudes have not changed. If, however, a beehive is hit often enough, the bees move somewhere else. Of course, you don’t have to hit the same hive every time. If all the people who agree that the laws against consensual crimes should be repealed post haste would go around whacking (or at least firmly tapping) every beehive that presented itself, the bees would buzz less often.

I highly recommend this book.  Even though I have some pretty fundamental disagreements with some of his proposals, I think that this book is a fine addition to the bookshelf of any advocate of freedom and civilization.

Hat Tip: J.D. Tuccille of Disloyal Opposition.

Reason’s Nick Gillespie points out that there are many areas that libertarians would disagree with (like I said, MoJo is a Left-leaning publication) but I think it’s good to expose a new audience to the failure that is this nation’s drug policy. From there we can debate the best way to bring the War on (some) Drugs to a conclusion.

By the by, for those who don’t get the reference, it’s a paraphrase of a quote from John Gilmore – “The internet interprets censorship as damage, and routes around it”

“I’m sorry for the loss of their family pets,” Jackson said. “But this is the unfortunate result of the scourge of drugs in our community. Lost in this whole incident was the criminal element. . . . In the sense that we kept these drugs from reaching our streets, this operation was a success.”

What criminal element? The mayor? His wife? His elderly mother-in-law? The two labrador retrievers they shot?

Did they suspect Calvo was a drug-runner? Obviously not, because they ALREADY knew the drugs were intended (from an on-going investigation) for a false drop.

If there’s a criminal element, don’t you think it might be the guys, dressed in black, who busted down the door of a law-abiding citizen, terrorized his family, and shot his dogs? All without even a cursory investigation to see if they’d done anything wrong other than having their own address on a package that even the cops weren’t sure was intended for them?

This isn’t the result of the scourge of drugs or the criminal element. This is the result of shoddy police work. This Sheriff should be ashamed of his wanton disregard for logic and humanity.