Man facing life in prison for some pot brownies???

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Dead Man said:
The life in prison is not for the pound of weed. The only reason he is facing life is for the felony of using hash oil in his brownies. If he only had a pound of weed, or even the pound of weed and the brownies made with weed instead of oil, it would not be a potential life sentence.
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A pound of weed is a felony in Texas, and most of the US with or without the brownies.

The brownies just made his total amount from 1 pound to 2.5 pounds, and added some "Penalty 2" to his charges.

He also had large amounts of cash, generally considered evidence of distribution.

And it's 5 years to life.. he'll probably only get a short sentence.

I'd hope he got no sentence.. the war on drugs particularly as it pertains to pot is ridiculous.

edit: The lawyer is full of shit.. the hash oil alone would have been a misdemeanor had he not baked with it, but he'd still be facing a felony for the pound of pot.
 
I'm just going to put this here since other GAffers want to drag this thread into other ones:

According to Round Rock police, officers found 1.5 pounds of brownies, along with a pound of marijuana, digital scales, $1,675 in cash and dozens of baggies with marijuana and hash oil at Jacob Lavoro's apartment last month. Police were responding to a complaint about marijuana use.
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So, no, not just pot brownies and not just "for having pot"

McDonald noted that possessing 4 grams of hash oil is enough for a first-degree felony charge. According to an affidavit filed with the court, Jacob Lavoro had 145 grams of hash oil, in addition to the brownies.
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Hash oil is a controlled substance that carries much harsher state penalties than marijuana. The oil has higher concentrations of THC, the psychoactive component of marijuana. It's in a penalty group with amphetamines and ecstasy.
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But, yeah, it's just "for having pot" right?

And finally:

However, the prosecutor who is handling noted that sentences can vary depending on aggravating factors and other considerations, and that a plea deal is always possible.

"First-time offenders are treated differently. As far as I know, he is a first offender," Williamson County prosecutor Travis McDonald told The Associated Press on Tuesday.
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So basically the whole "he's getting life for pot browies' bullshit doesn't hold water. He's not going to get life, and even if he did it would have virtually nothing to do with the brownies and everything to do with the 145 fucking grams of hash oil when 4g constitutes a felony.

Are pot laws stupid? Yes. Should pot be legal? Absolutely. But you know what else is stupid? Making a thread claiming a kid is getting life in jail for baking a brownie when the facts clearly show otherwise. Of course it had the intended effect, it got people who read the click bait title to get upset and cry foul.
 
technically Rafter even then it's "just for having pot"

we shouldn't even be having this discussion. I respect your point for accuracy in reporting and agree, but he shouldn't be getting prosecuted even if he had 9 billion pounds of pot. It's ridiculous. The true problem continues unabated.

Edit: And before we get even more ridiculous, please don't buy into sensationalist nonsense about hash oil. Putting it in a penalty group with fucking amphetamines shows what a joke the system is.
 
That's terrible. Round Rock is a 'suburb' of Austin, but in a different county. If he was in Travis County, none of this would probably be happening to him. Shame.
 
What. The. Fuck.

Why would you find ways to just fuck up a life for something so ridiculously harmless... private prison system is a fucking sham.
 
Architect said:
It amazes me that America's justice system is so often counterproductive yet still holds legitimacy.
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The American justice system is a joke. I would like to see a poll in how many people actually have any trust left in the justice system. It's not even like it didn't have a decent foundation, but this revenge first, common sense later system we have at this point in time is diametrically opposed to actual justice and actual rehabilitation.
 
Rafterman said:
So basically the whole "he's getting life for pot browies' bullshit doesn't hold water. He's not going to get life, and even if he did it would have virtually nothing to do with the brownies and everything to do with the 145 fucking grams of hash oil when 4g constitutes a felony.

Are pot laws stupid? Yes. Should pot be legal? Absolutely. But you know what else is stupid? Making a thread claiming a kid is getting life in jail for baking a brownie when the facts clearly show otherwise. Of course it had the intended effect, it got people who read the click bait title to get upset and cry foul.
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Thank you! wish more people would read this post.
 
Lowmelody said:
Yes, because getting life in prison for hash oil is very different from getting life in prison for pot brownies. /rolleyes
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Nobody really said that. But the article is making essentially false claims. Defense lawyer'a fault it appears (not that the media doesn't cooperate.).
 
Pot brownies should indeed be a crime because they're so good. I've had my first one a few weeks ago and it knocked me out to the point where I had to lay in bed paralyzed, eyes bloodshot, just looking at the ceiling.
 
BajiBoxer said:
because he used hash oil instead of marijuana, allowing the state to weigh the brownies as a whole — including the sugar, cocoa, butter and other ingredients — to calculate the weight of the drugs
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Watch this kid get destroyed, while the cops that kicked and berated the hell out of that lady in the other thread get off scott free.
 
Amir0x said:
technically Rafter even then it's "just for having pot"

we shouldn't even be having this discussion. I respect your point for accuracy in reporting and agree, but he shouldn't be getting prosecuted even if he had 9 billion pounds of pot. It's ridiculous. The true problem continues unabated.

Edit: And before we get even more ridiculous, please don't buy into sensationalist nonsense about hash oil. Putting it in a penalty group with fucking amphetamines shows what a joke the system is.
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Maybe he shouldn't be getting prosecuted, but it's not like he didn't know it was illegal. It's not like they busted down his door and arrested him for watching American Idol or something. And as backwards as the laws are in Texas, this wouldn't even be legal in Colorado.

Also, I'm not saying hash oil is any bigger deal, but if the law says 4g is a felony why would you be sitting on 145g? That's just plain dumb.
Lowmelody said:
Yes, because getting life in prison for hash oil is very different from getting life in prison for pot brownies. /rolleyes
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You still banging that "life in prison' drum, eh? Keep being intentionally dense, it suits you.
 
Apparently this idiot lives about 10 minutes from me, surprised it took me this long to hear about it. Regardless, I can't see him getting anything more than 2.5-5 years max for something like this and even that would be harsh. The article gives a huge window of time he could potentially do for this crime, the lower limit suggested being 5 years. He'll probably plea or be forced to do community service or even worse: attend an expensive treatment facility.


EDIT:
silkysmooth said:
...Kill four people driving drunk at 15 - PROBATION

Texas is fucking dumb
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Glad I'm not the only one who remembers this.
 
Bodacious said:
Weighing the brownies as drugs is a misuse of the law, but the article kinda brushes under the rug that he also had a pound of actual marijuana. Misleading headline for stating the only reason he's looking at all this potential jailtime is because of the brownies.
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The pound of marijuana is "only" 2-10 years. He needs to be in possession of 400 or more grams of hash or concentrates to get up to life. How much hash oil do pot brownie recipes call for?

Also, it's not a misuse of the law, the law specifically says, "if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more." (my emp.)
 
benjipwns said:
I think you're making an assumption about the goal of the system.
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The American justice system should not go so far into retribution that it loses any rational sense of proportionality and therefore, justice. That's from a retributive justice perspective.

From a utilitarian one, well then the American justice system is clearly bananas.
 
Meanwhile, you can cause a global financial crisis, get money from the government in return, and then make more money while remaining part of the top 1%!

But pot brownies? LIFE IN JAIL.

Sincerely,

- Hell
 
And people wonder why we have the most imprisoned citizens.

Stand in line, keep your mouth shut, work the job to pay for the enforcement to keep you in line and keep your mouth shut.

Step out of line? Try to enforce your rights in this country? Or maybe you made a mistake? Your going to jail or worse.

I had 2 traffic tickets that I forgot to pay (around $1000 fines).. 10 cops showed up to arrest me and I ended up in jail for 2 days. They probably spent more money on all that than what my fines actually cost.

Our government at it's finest.
 
Ether_Snake said:
Meanwhile, you can cause a global financial crisis, get money from the government in return, and then make more money while remaining part of the top 1%!

But pot brownies? LIFE IN JAIL.

Sincerely,

- Hell
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This actually makes sense though if you look at it from a certain perspective. As Hillary Clinton said, you can't end the drug war because "there is just too much money in it."
 
Rafterman said:
I'm just going to put this here since other GAffers want to drag this thread into other ones:



So, no, not just pot brownies and not just "for having pot"





But, yeah, it's just "for having pot" right?

And finally:



So basically the whole "he's getting life for pot browies' bullshit doesn't hold water. He's not going to get life, and even if he did it would have virtually nothing to do with the brownies and everything to do with the 145 fucking grams of hash oil when 4g constitutes a felony.

Are pot laws stupid? Yes. Should pot be legal? Absolutely. But you know what else is stupid? Making a thread claiming a kid is getting life in jail for baking a brownie when the facts clearly show otherwise. Of course it had the intended effect, it got people who read the click bait title to get upset and cry foul.
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Hmm, I find it hard to disagree with a lot of this. 145 grams of hash oil is a LOT. For example, when my friends bring some back from Denver and sell it in our hometown they are charging upwards of $60 a GRAM. That is close to 9 g's for all that hash. Shit, I have come across people dealing in this large of quantities, and even those as young as 19 know very well the risks of dealing that much weight. If the kid gets sent to a prison, if only for a few years, then he has my remorse. But, as fucked up and terrible and backwards as marijuana laws are, the kid has to understand that you aren't going to be getting off with community service for 145 grams of oil in fucking TEXAS of all places.

So yeah. Marijuana laws are completely fucked and I hope and even expect the drug to be legal in all 50 states within 20 years. But the kid didn't just get caught making some brownies. I have little doubt that even some scrub in Colorado with ~150 grams of oil separated into individual packages, over a pound of bud, and some edibles would serve some time. Not to say the kid deserves it, but the dumbass should have seen it coming.

EDIT: The article linked made no mention of the 145 grams. And the first article that claimed it that came up was a Houston article. And the others I saw claimed it was 145 grams of marijuana and oil. So until I actually know what the hell the kid had I wont make any judgements.
 
In effect people are arguing "this is wrong." And the counter response is "this is happening in this manner."

These aren't actually responses to each other.
 
Rafterman said:
You still banging that "life in prison' drum, eh? Keep being intentionally dense, it suits you.
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What are you even talking about? The kid is on trial for 5 to life for possession of pot, no matter how you want to obfuscate the form it was in. The kid is a victim and saying 'thems da breaks says so in this book here' or 'he should have known better' is pathetic victim blaming. Spin it however you want but you are supporting a young person just starting their life losing everything over pot. Tossing in a "i think the law is fucked up" doesn't negate your tireless support of enforcing said fucked up law and placing all of the weight on the shoulders of the kid thereafter for not playing ball with corrupt bullshit and not knowing his place, which is the part that matters. Here I will make this simple for you, if a law is unjust then any punishment that stems from that law is unjust even in (here is where gets crazy) Texas.
 
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