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I have a 60-year-old aunt who lives alone, a few miles outside of town. She can't drive because she lost her sight in one eye, so she has a friend who brings her groceries and things.

My aunt smokes marijuana in her home.

What she does is illegal. Why? Who is she harming?
Hers truly is a victimless crime.

Do you think it is right to criminalize her? Explain.

2007-05-15 03:45:24 · 6 answers · asked by sarcasm_generator 2 in Politics & Government Law & Ethics

Electron, she's been doing this for over thirty years. We haven't plunged into chaos/anarchy yet.

I don't get your point.

2007-05-15 04:03:47 · update #1

Damien, I forgot to mention that she is growing her own stuff. No dealers involved.

2007-05-15 04:36:28 · update #2

6 answers

Electronic dad completely missed the point of your post: that the current state of the law is in error. That Electronic Dad is a legal positivist is without question, but perhaps a thoughtful survey of your question on his part is. Knee-jerk reactions may have applied.

There have been several challenges to the laws governing possession, use and distribution of marijuana in the US. States are doing more right now than the federal government is to relax the criminality of persons who use marijuana. However, it seems that regardless of what states may do, either Congress, through the Commerce Clause of the Constitution, or the Supreme Court up-ends the states' attempts to reform marijuana laws. Most recently, see Ashcroft v. Raich.

From a fiscal standpoint, it is senseless to prosecute your aunt because it is a waste of state resources. The DA likely has something better to do w/ his time, as does the judge, any officers involved, etc. The war on drugs is a huge financial drain on the system, but some people disregard the costs and battle on, insisting that any monies lost are justified by the result. But, what's the result, now? Drug use is more rampant in the US than ever, and billions of dollars have been spent trying to "win" the war on drugs.

A small modification of the law would prevent such problems. Suppose that people were allowed to grow a certain amount of marijuana in their home that was strictly for their use. It would be likely that the government would require people to obtain a permit to do so, but it would be a far better program for all involved than is the current state of the law. Under this approach, your aunt would be in the right.

2007-05-15 04:18:09 · answer #1 · answered by mike225 2 · 2 0

Whether or not you agree with the law is unimportant, a law that people does not feel is right does not give those people any reason to break it. The law has been written and passed and survived numerous challenges throughout its existence. Your aunt is breaking the law, the law is set to determine some conduct as legal and some as illegal. It is not to be applied on a case by case basis. The law demands uniformity, meaning that unless there is another part of the law that applies, it must be administered the same to all people. If you want the philosophical justification read some of Socrates work in the Pheado, or Hobb's social compact theory if you are interested.

Society demands that its laws be followed, breaking a law is the same whether the law in your eyes or in most eyes is unjust. If you do not like a law then you must rally for change. She is still hurting people if you look at marijuana as a piece of commerce. She is still giving her money to drug dealers, who are still making there money by putting drugs into society. She is still introducing her legally obtained money into a black market, therefore making the money unusuable for things like taxes which are supposed to benefit all. Taking it another step further she is depleating her immediate dealers supply who has to get more from the larger dealer who must get more from his importor/grower. It seems insignificant for one person but for many people doing it over and over again this effect is quite large.
A violation of the law is a violation of common decency

2007-05-15 11:32:07 · answer #2 · answered by Damien T 3 · 1 1

It is people like her that leads people to support the notion of "decriminalizing" marijuana.

It would still be contraband, but it wouldn't carry anything other than a small fine for possession. Dealers would still be prosecuted, but users would not be.

2007-05-15 10:53:33 · answer #3 · answered by truthspeaker10 4 · 1 1

While technically what she is doing is a crime, I think the laws need to be changed. She is harming no one.

2007-05-15 10:48:08 · answer #4 · answered by ItsJustMe 7 · 2 1

all in moderation, my friend. the jimmy is down wit dat on the backside, straight. don't swing the rope on the low. keep it on your head. hope that holds it down. damn i gotta get off the dope. what the hell did i just say? huh.

2007-05-15 11:34:09 · answer #5 · answered by that guy 1 · 0 0

Not the point.
The law is >THE LAW<.
If you want it changed, if you don't agree with it..then go work with others about it in the proper way, to get it changed.


Laws=Rules... a standard of Civilization
With out law, we have chaos/anarchy.

Please follow the law(s).

Or don't be surprised when you get in trouble for not following them.....and try to blame someone else for your troubles.

T.S.

2007-05-15 10:58:00 · answer #6 · answered by electronic_dad 3 · 0 4

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