Y'all know my story. Recovering meth addict. In my thread in knife laws, I'm asking how a (non violent) felon can get his gun rights restored. My State has the "3 strikes" rule. If you get 3 felony convictions, you go for life. It got me thinking about how many o our felons are drug offenders. Yes, dope does go with other illegal activities, I'll be the first to tell you. My question is are we punshing people for being addicts? Is being an addict bad? Is it something we can't help beyond that first hit?
hey buddy,
the 3 strikes law is not always that simple. a felony must first be strikeable, then the strike has to be applied upon conviction.
Dealing is one thing, possession is another. The law gives little distinction between the two.
not entirely accurate. excepting marijuana, narcotics possession in ca is a felony. but possession in ca often results in a prop 36 rehab program in lieu of jail/prison. ive talked with users who have gone through a prop 36 program multiple times.
whereas a conviction for possession for sales is pretty much a guaranteed trip to jail/prison. the user is treated differently in the system than the dealer, if not in the penal code verbage.
carrying a scale or a couple bindles of narco does not meet the elements of possession for sales, in and of itself. but i have yet to run across a user-only who carries a scale. in my experience a scale has always been accompanied by other items indicating the individual is a dealer (ie, when i have made an arrest for same).
now carrying a scale, narco bindles, wads of cash, and a pay/owe sheet is a different situation.
It should not be societies burden to rehabilitate drug addicts.
i somewhat agree. but society burdens itself with all sorts of problems born originally by the individual. rehab facilities are costly for the user, and those w/o such funds still deserve treatment.
Some people are more easily addicted then others. That doesn't make it right. Were'd the first hit come from? Why?
That being said, I wish you all the best staying clean. :thumbup:
i certainly do not think addiction is a disease. i believe labeling it as such removes personal responsibility from the user. they absolutely make a choice every time they use, excepting a legitimate medical injection.
is caffiene addiction a disease? chocolate releases endorphins in to the brain, and people claim to be addicted to chocolate. is chocoholism a disease? im a smoker, and every time i light a cigarette i have made a choice to do so. the compulsion is obviously higher than in a non-smoker, but it is a choice nonetheless.
i dont have the answer as to why some become addicted and some dont. it may be a combination of personality, genetic, and environmental influences. some can use and become addicted on the first hit, some can use "socially" and never become an addict, an most fall somewhere in between.
as to the original question, punishment is not for the addiction. punishment is for being in possession and/or under the influence of a federally banned substance.
and sorry, but your ca medical marijuana card is not legally valid. ca can pass any law it wants, but if it is more lenient than an existing federal statute, it is not valid. but my understanding is that atf/dea plans to cease enforcement on card holders and medical dealers.