Category Archives: drug laws

Less Than One-Quarter Gram Possession Gross Misdemeanor Crime < New Minnesota Laws 2016

The 2016 Minnesota Legislature made some changes to Minnesota “Controlled Substance” crime laws, effective August 1, 2016.  One of those created a new Gross Misdemeanor level crime for certain “controlled substance” possession crimes, for less than 0.25 grams or one dosage unit or less – but only for a person “who has not been previously convicted of a violation of this chapter or a similar offense in another jurisdiction; and only for possession of “controlled substances” other than heroin.  This is an improvement since before this new law, even these tiny amounts were charged as felony level crimes; and since a felony conviction can render a person unemployable in many jobs, lifetime loss of civil rights, severe immigration law consequences, and other big problems.

The statutory language is:

Minn. Stat. §152.025, Subd. 4 (a)(1) “the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units …”

hash-quarter-gram-lighter

one-quarter gram of hash relative to the size of a lighter

Does this mean defense lawyer will no longer need to litigate trace amount issues and cases?  No.  A Gross Misdemeanor is still a serious crime.  Also, this new law does not apply to heroin or federal cases.

What about marijuana, including derivatives such as hashish, wax, dabs?  Minnesota law still defines possession of a “small amount” of plant-form marijuana as a petty misdemeanor (not a crime, violation-fine only).  Minnesota Statutes §152.01, Subd. 16 defines Small amount: “‘Small amount’ as applied to marijuana means 42.5 grams or less. This provision shall not apply to the resinous form of marijuana.”  So, 0.24 grams or less of plant-form marijuana could be charged a petty misdemeanor violation, not a gross misdemeanor.  When it comes to the “resinous form of marijuana” (presumably hashish, wax, dabs, etc.), however, the “small amount” definition would not apply but the new trace amount Gross Misdemeanor possession law would apply – rather than a felony crime as before August 1, 2016.

What drugs could be charged as a quantity expressed in dosage units, rather than weight?  These could be divided into two categories: prescription drugs and underground economy drugs.  Most prescription drugs are made into and possessed in pill form.  A “dosage unit” could be one pill, or could be more than one pill, depending upon the recommendation of the drug maker, pharmacist, or prescribing physician.  For underground economy drugs, “one dosage unit” could be more than one pill, or more than one square of blotter paper with LSD on it.  For example, see State v. Palmer, 507 NW 2d 865 (Minn.App. 1993) (“four small squares on each sheet constituted a ‘hit’ or dosage unit.”).  Medical marijuana produced by a legal maker may be the same as prescription drugs, in terms of evidence of dosage units.

What about Minnesota Pretrial Diversion programs and statutory Stays of Adjudication under Minnesota Statutes §152.18?  They are still available for those charged with Minnesota Fifth Degree “Controlled Substance” Crime Fifth Degree, Gross Misdemeanor, since the Gross Misdemeanor charge is a Fifth Degree charge against a person without prior drug convictions.

Thomas Gallagher is a Minneapolis Drug Defense Lawyer.  He is also a member of the Board of Directors of Minnesota NORML.

Remove Marijuana from Schedule 1 in Minnesota? Amend SF 1219 & HF1376

Has the time come to remove marijuana from Minnesota’s Schedule 1 of the Minnesota Controlled Substances Act?  Yes, the time has come.  Here is an explanation of why; and how you can help make it happen before more lives are destroyed by this irrational and unjust law. we-the-people-norml

The Minnesota Controlled Substances Act (Minnesota Statutes Chapter 152) is similar to the Federal Controlled Substances Act (21 United States Code Sections 801 et seq) in that it creates lists, or “schedules” of drugs, numbered one through five.

Drugs listed in Schedule 1 are supposed to be a drug or other substance that has a high potential for abuse, has no currently accepted medical use in treatment in the United States, or lacks accepted safety for use of the drug or other substance under medical supervision.  Examples of Schedule 1 drugs include the opiates, such as heroin, morphine, etc.

A “Schedule 2” drug is meant to include drugs with a high potential for abuse, a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions, and, abuse of the drug or other substance may lead to severe psychological or physical dependence.  Examples of Schedule 2 drugs include cocaine, methamphetamine, and pentobarbital.

Schedules 3 and 4 are thought to include drugs less harmful or prone to abuse than those the government has listed in Schedule 1 and 2. Schedule 5 includes drug or concentrations of drugs the government thinks are less dangerous or prone to abuse relative to the drugs or other substances in schedule IV, has a currently accepted medical use in treatment in the United States, or abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV.

Where has the government seen fit to categorize marijuana within this scheme?  Currently, they still list marijuana as a “Schedule 1” category drug, right in there with heroin.  Apparently the government views marijuana as more dangerous than methamphetamine, which is only a Schedule 2 drug.

What difference does it make?  Lots.  But here are two big ways it makes a difference where the government categorizes marijuana within its laws: harming people and public safety with criminalization, and harming people and public health by creating a legal barrier to legal medical marijuana treatment.

Criminalization

As the Minnesota Controlled Substances Act (Minnesota Statutes Chapter 152) is currently written, removing marijuana from all “schedules” listed (sometimes called “descheduling”) would have limited impact since most controlled substance crimes specifically list marijuana by name.  Moving it from Schedule 1 to Schedule 2 would appear to make no difference at all, as far as criminalization is concerned.

Medical Treatment with Marijuana

How can  there be a legal medical marijuana program under Minnesota law, and yet still have marijuana listed as a “Schedule 1 drug,” which is defined as having no currently accepted medical use in treatment?  Is Schedule 1 marijuana really more dangerous than Schedule 2’s methamphetamine?  After all, at least 23 of the 50 states now have legal medical marijuana programs and nearly half the U.S. population lives in states where medical marijuana is legal today.  “No currently accepted medical use in treatment?”  Really?  To the contrary, marijuana is currently accepted medical treatment, across the United States.

Allowing inertia to continue marijuana in Schedule 1 has harmful implications for public health of the people of Minnesota.  It creates innumerable difficulties for sick people who are just trying to treat their illness, including insurance issues.  This in turn creates unfairness for the ill and disabled who have a low-income, or could be driven into the underground market for medicine.

We ought to take our laws seriously and change them to reflect reality and truth, as best we can.  We need to amend Minnesota law to remove marijuana from Schedule 1, either into Schedule 2 or complete descheduling (remove from all Minnesota Controlled Substances Act schedules).

A bipartisan Bill recently introduced into the United States Senate would move marijuana from the federal Schedule 1 to Schedule 2 (titled the Compassionate Access, Research Expansion and Respect States or “CARERS” Act.)  We should get this done in Minnesota at our state legislature, first. The Minnesota State Senate now has a Bill pending to amend the Minnesota Controlled Substances Act to add various drugs and substances to the various Schedules.

This is a perfect opportunity for us to urge the Minnesota Senate and Minnesota House to amend that Bill to either deschedule marijuana, or at least move it down to Schedule 2. In 2011, the Minnesota law was changed so that the Minnesota Pharmacy Board no longer has authority to move drugs or other substances out of Schedule 1.  Only the Minnesota legislature can do it now.

So pick up the phone, send a letter, or otherwise contact your Minnesota State Senator and House Representative and ask them to support an amendment to SF 1219 and HF1376 to deschedule marijuana or reschedule it to Schedule 2.

The Necessity Defense for Medical Marijuana Patients – 2015 Minnesota Proposed Legislation HF 542 – SF 404 Redux

The problem:  In Minnesota today, a medical marijuana patient charged with a marijuana crime is no longer allowed by the courts to tell the jury they were treating illness with marijuana.

shhhhThe solution:  A Bill in the 2015 Legislature would legislatively overrule the court decision that took away “the necessity defense” from medical marijuana patients facing marijuana charges.

Marijuana has been used as effective medicine for thousands of years.  In the 1930s, Minnesota joined a social experiment of Prohibition outlawing the plant – even for medical use. Today though, a majority in the U.S.A. believe that medical marijuana should not be a crime.

Trial by jury limits the power of the government to enforce laws in ways that violate the conscience of the community.  Yet when a chronic pain patient using marijuana as medicine is charged with a marijuana crime, but is not permitted to have their physician testify, or to testify about it themselves; there is no meaningful jury trial.  When the court prevents the jury from hearing defense evidence, excluding the defense, her right to present a defense is violated.

“Necessity” has been a recognized legal defense to what otherwise would be a crime, since ancient times. The New Testament cites examples of eating holy bread through necessity of hunger or taking another’s corn. Mathew 12:3-4. Old English cases recognize the defense of necessity. It was a defense to breaking a law that the accused committed the act to save a life or put out a fire. A person did not commit the misdemeanor of exposing an infected person in public if the person was being carried through the streets to a doctor.

  1. Like self-defense, the necessity defense is an affirmative defense to a criminal charge – a “lesser-of-two-evils” defense. After the accused presents evidence supporting the defense, the judge instructs the jury on the law of the defense of necessity.  If the jury accepts the defense: the defendant did the prohibited act intentionally, but did so reasonably to avoid a greater evil, out of necessity; so it is not a crime.
  2. The necessity defense was repealed by a 1991 Minnesota court decision, in State v. Hanson, 468 NW 2d 77 (Minn Court of Appeals 1991). FFI: http://wp.me/pAFjr-5U
  3. The Minnesota Legislature can restore the rights to a jury trial and to present a defense by passing HF 542 & SF 404. The Bill restores the necessity defense to medical marijuana patients charged with a marijuana crime.  Jurors have the right to know the relevant facts before judging a person’s fate.
  4. People like Angela Brown, and her 15 year-old son, should be allowed to present a necessity defense at her trial, so the jury can then have the power to decide her case based upon the true facts, not some version of the truth manipulated by the court.

Urge your Minnesota Rep. and State Senator to support the necessity defense Bill,  HF 542SF 404, to assure medical patients have the “right to introduce evidence or testimony of a medical need to use, … or [evidence of] a benefit derived from the use” of marijuana or derivatives.

Medical Marijuana: Minnesota Government Stalls Inclusion of Intractable Pain

According to a recent Associated Press article No quick decision on medical marijuana for pain Minnesota Governor Mark Dayton’s Commissioner of Health has decided to postpone adding Intractable Pain to Minnesota’s new,  legal medical marijuana program.  Apparently, Dayton administration officials are setting expectations at the delay being potentially for years.  The reason they cite is their fear that they may not be ready for an increased volume of demand should intractable pain be included in the list of medical problems that qualify for medical marijuana in the Minnesota program.

Arthritis_poster-sm-cr Marijuana has proven an effective treatment for intractable pain — and better than more commonly used narcotic medications.  Marijuana provides pain relief and relief from pain-related disability.  And it does not kill people or have the other side effects that toxic opioid pain medications have.

With 23 states now having legal medical marijuana — Minnesota being a laggard in this respect — one might wonder: how have other states managed to come up with an adequate, legal supply of marijuana to meet the legitimate demand of the sick and suffering for legal, medical marijuana?  One obvious answer could be that only one other of those 23 states has failed to allow the natural, plant-form of marijuana for lawful, medical use.  Minnesota could remove that restriction from its law, and so remove steps that would save time, reduce cost, and help more suffering people sooner.

Other possibilities come to mind to more quickly ramp up production of legal marijuana in Minnesota; including authorizing more than two producers, and authorizing legal home grow for qualified medical marijuana patients.  These would also reduce the expected high cost of medicine in Minnesota’s medical marijuana program.

Minnesota’s governor was not an enthusiastic supporter of the medical marijuana law that eventually passed last year, but did sign on to a compromise law that is one of the two weakest in the United States today.  This news of delay in including intractable pain, could be interpreted by some as more evidence of tepid support for medical marijuana from the Minnesota Governor.

What can be done?  The Minnesota legislature could pass additional legislation to strengthen and expand Minnesota’s medical marijuana program.  It could also pass the medical necessity defense Bill, to restore fairness for patients facing criminal charges for marijuana. The bill, HF 542 in the Minnesota House and SF 404 in the Minnesota Senate, would give medical marijuana patients the “right to introduce evidence or testimony of a medical need to use, … or [evidence of] a benefit derived from the use” of marijuana or marijuana products.

Marijuana Medical Necessity: Why Minnesota Needs a New Law Affirming Your Right to Present a Medical Necessity Defense to a Marijuana Charge

Minnesota needs to adopt a new statute affirming your right to present the defense of medical necessity to a marijuana criminal-charge.  Why?

Marijuana, or cannabis, has been used by humans as medicine for thousands of years successfully for relief and treatment of disease.  Modern medical research, as well as clinical practice, has proven its efficacy in relieving symptoms as well as curing diseases — from the bothersome all the way to cancer.

Marijuana had never been a crime.  But beginning in the 1930s in the United States, as the alcohol Prohibition regime was disintegrating, a new experiment in Prohibition was being developed to replace it — the marijuana Prohibition.  Marijuana was widely used as medicine at the time, and its medicinal use persisted for decades but was eventually driven underground after increased criminalization policies in the United States, and in Minnesota.  Its use, including medical use, continued but was made criminal.

Necessity has been a recognized legal defense to what otherwise would be a crime, since ancient times.  In The Defense of Necessity in Criminal Law: The Right to Choose the Lesser Evil some of this history is summarized:

The English courts stated the principle of necessity in 1551 in Reninger v. Fagossa (1 Plowd. 1, 75 Eng. Rep. 1): “A man may break the words of the law, and yet not break the law itself … where the words of them are broken to avoid greater inconvenience, or through necessity, or by compulsion.” The case cites the New Testament example of eating sacred bread through necessity of hunger or taking another’s corn. Mathew 12:3-4. Older English cases contain many examples which recognize the general principle of necessity. It was a defense to breaking a law that the person committed the act to save a life or put out a fire. Jurors could depart without the permission of the judge in case of emergency. Prisoners might escape from a burning jail without committing a crime. A person did not commit the misdemeanor of exposing an infected person in public if the person was being carried through the streets to a doctor.

The necessity defense is sometimes called the lesser-of-two-evils defense.  It is a justification type defense.  If the defense is accepted by the jury, it does not mean the defendant did not intentionally do the prohibited act, but rather that he or she reasonably did so to avoid a greater evil, out of necessity.  It is a common law defense — old and widely accepted.  Like many other common law defenses, it has often been codified in statutes over the past several decades, in many jurisdictions.

med-mj-mn-signThe term “medical necessity defense” is a special application of the more general, necessity defense.  If you are sick with glaucoma or cancer and marijuana provides you with relief or cure, even though marijuana may be a crime to possess or grow in some states, you may decide that preserving your health (or your child’s life) is a greater necessity than complying with the criminal Prohibition.  The majority of people in the United States today, according to poll after poll, agree that medical use of marijuana should not be a crime.  As a result it is likely that many if not most jurors may share that majority view, that medical marijuana is not a real crime.  But in Minnesota jurors are not currently empowered to decide cases with all of the evidence.

Since you are constitutionally guaranteed the right to a jury trial, and the right to present a complete defense — to present the jury with your true defense, for the jury to do with it as it will —  how could it be that the Minnesota appellate courts have so far held that you have no right to present a medical necessity defense in a marijuana case?

To find out, you can read the Minnesota Court of Appeals case from 1991, State v. Hanson.  Though every court case is fact specific to a great extent, the court’s main rationales in the State v. Hanson case are captured in this excerpt:

“The statutory classification of marijuana as a Schedule I substance implies a determination that marijuana has “no currently accepted medical use in the United States.” Minn.Stat. § 152.02, subd. 7(1) (1990). The legislature has enacted a single exception, in the THC Therapeutic Research Act (TRA), exempting from criminal sanctions possession or use of marijuana for cancer patients undergoing chemotherapy who are receiving the drug under the strict controls of an approved medical research program. Minn. Stat. § 152.21, subds. 1, 3, 6 (1990). These statutory provisions demonstrate that the legislature has specifically addressed and determined the possible medical uses of marijuana.”

The first point, that marijuana has been classified by Minnesota as “a Schedule I substance” meaning they claim that it has “no currently accepted medical use in the United States,” if it has ever been true, is certainly not true today.  Though marijuana is still arbitrarily classified by Minnesota as “Schedule I,” the majority of the United States population now lives in states with legal medical marijuana programs, and marijuana is now currently accepted as having medical use — including by the United States Surgeon General.

The second argument advanced in Hanson, was that since the Minnesota legislature had enacted THC Therapeutic Research Act (which created a “research” program so restrictive that nothing ever came of it); that therefore the legislature must have intended to preclude any other consideration of any other exception or defense for medical use of marijuana (though it never said so).  Not particularly persuasive here, the argument is of the classic rhetorical form — expressio unius est exclusio alterius, a Latin phase meaning “the expression of one thing is the exclusion of the other.”

The Hanson case was from 1991.  Much has changed since then, politically, legally, and in the medical research community, has it not?  So would a modern Minnesota appellate court right this 1991 wrong?  In 2014, it didn’t. In a 2014 decision the Minnesota Supreme Court, in State v. Thiel left intact the Schedule I classification despite a constitutional challenge by a defendant convicted of marijuana possession who had not been allowed to let the jury know the truth about his medical  condition, his medical recommendation for marijuana as medicine, or his California medical marijuana card.

It seems reasonable to conclude then, that the Minnesota courts are unlikely to remedy this injustice and restore our right to a fair jury trial, and our right to present a complete defense in Minnesota — at least not in the near term.

That is why we need the Minnesota legislature to restore some measure of Liberty and Justice in Minnesota, by passing a Bill for a new statute guaranteeing your right to let the jury hear the truth, that medical marijuana is a lesser evil (if it is an evil at all) than violating the criminal law prohibiting marijuana.

The Bill currently in the Minnesota legislature would restore the necessity defense to medical marijuana patients charged with a marijuana crime in Minnesota.  It would guarantee that the accused could use this as an affirmative defense — meaning the defendant would have the burden of showing prima facie evidence of medical necessity, and if successful, the ultimate burden of proving criminal guilt would then shift to the prosecution.  This would help restore the right to a jury trial to an extent as well.  The jurors have the right to hear the truth before condemning a person.

Contact your Minnesota House of Representatives member, your Minnesota State Senator, and the Governor to urge support of the medical necessity Bill, HF 542.

Minnesota’s Incomplete Marijuana Decriminalization – the Hashish Technicality

In 1976, Minnesota decriminalized possession of a “small amount” of marijuana. Or did it?  Minnesota has only partially decriminalized marijuana.  Here is how.

Hashish is marijuana (or cannabis). It is a compressed or purified preparation of marijuana, that people around the world have safely used for thousands of years for recreational, medicinal and religious purposes. It’s made of cannabis-plant trichomes, flower and leaf fragments.  makehashMechanical methods remove the trichomes from the plant, screening by hand or with motorized tumblers. The resulting powder is heated and compressed into hashish.  Chemical separation methods use a solvent like ethanol, butane or hexane to dissolve resin, which is filtered.  Then the solvent is boiled off leaving behind the resins – called honey oil, “hash oil,” or wax.

The problem:

Minnesota Statutes contain technical definitions that don’t always make common sense, and are sometimes inconsistent with a dictionary definition or common understanding of a word.  In this case, Minnesota Statutes Section 152.01, subdivision 16, defines a “small amount” of marijuana as 42.5 grams or less, but says “this provision [defining a “small amount”] shall not apply to the resinous form of marijuana.”

Increasingly in Minnesota, people found by police to be in possession of a small amount of hashish or similar “resinous form of marijuana” are being charged with felony crimes.  Under current Minnesota law, any amount – even a small amount – of hashish, hash oil, cannabis wax, or a similar “resinous form of marijuana” can be charged as a felony crime.  This includes people who are lawful  medical marijuana users in other states, found with a small amount of the resinous form of marijuana in Minnesota.

In contrast, 42.5 grams (slightly less than 1.5 ounces) of plant-form marijuana is decriminalized in Minnesota.  It’s a petty misdemeanor; not a crime; cannot legally be the basis of an arrest; with the only penalty being a fine.  See, Minnesota Statutes Section 152.027, subdivision 4.

Why the exclusion of “resinous form of marijuana” makes no sense:

It’s marijuana:  There is no question that the “resinous form of marijuana” (hashish, honey oil, cannabis wax, etc.) is marijuana.  It’s simply a form of marijuana.  Another provision of Minnesota law explicitly recognizes this.  The definition of Marijuana” in Minnesota Statutes Section 152.01, subdivision 9, defines it as “all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin…”

Minnesota Public Policy favors the resinous form over the plant-form:  Last year in 2014 the Minnesota legislature and Governor adopted into law a medical marijuana program which specifically found that resinous form of marijuana was safer and preferable to the plant-form of marijuana.  Minnesota law now contains a preference for the resinous form of marijuana, over the plant-form, as a matter of legislatively declared public policy.  Minnesota medical marijuana program participants will be able to lawfully possess and use the resinous form of marijuana obtained through the program, but will be deemed criminal if they use or possess the plant-form of marijuana.

Has the time come to update Minnesota’s 1970s era decriminalization law, to treat small amounts of all forms of marijuana equally?  More importantly, should Minnesota law continue to make felons out of people in Minnesota who possess a small amount of the “resinous form of marijuana”?  The technical distinction between marijuana in plant form versus resinous form is lost on most people, who typically believe they are in compliance with the state’s decrim law – only to discover their error after it is too late.

The law should be consistent.  It should treat people fairly.  It should not create felons based upon arbitrary distinctions and technical legal definitions that don’t make sense to people.

The remedy?

The Minnesota legislature can fix this.  How?  Pass a Bill that amends Minnesota Statutes Section 152.01, subdivision 16, defining a “small amount” of marijuana, to delete the language “this provision shall not apply to the resinous form of marijuana.”  That should solve the problem, and bring more common sense and equity into the law.

Legislative Update: The Minnesota Bong Water Crime Case

Remember the recent Minnesota Supreme Court case that took a literal interpretation of a statute – to an absurd result – ruling that water could enhance the severity of a drug crime?  It was a bare majority decision, 4-3, with a concurring opinion and strongly worded dissents.  After the majority, concurring and dissenting opinions are all tallied, five out of seven wrote that the legislature should amend the statute to cure the injustice.  The case ruled that Bong Water (water used in a water pipe) was a “mixture” of “25 grams or more” supporting a criminal conviction for Controlled Substance crime in the first degree (30 years of prison maximum), though it contained only trace amounts of illegal drugs.

Tap Water Contains Drugs

The case is Minnesota v  Peck, Minnesota Supreme Court, October 22, 2009.  The blog article here, written the day the opinion was published is: Minnesota Court Waters Down Legal Definition of Illegal Drugs: Toilet Water Now Criminal to Possess.

The case gained worldwide infamy.  If trace amounts of criminalized drugs in bong water could be a crime based upon the weight of the water “mixture,” then would not trace amonts of illegal drugs in our drinking water also be a crime to possess?  And if that is the case, which of course it must be, then is not every citizen of Minnesota a drug criminal – by virtue of possessing river sourced tap water?  (Those with well water presumably can rest easy, without fear of a drug-police home invasion.)

A Bill in now being considered by the Minnesota Legislature, for the Safe Drug Disposal Act is an attempt to ameliorate the problem of pharmaceutical drugs in our drinking water supply, and rivers.  It is a crime in Minnesota to possess prescription drugs without a prescription for those drugs.

Will Minnesota lawmakers heed the call of the Minnesota Supreme Court and public outrage and undo the “Minnesota Bong Water Case?”

A Bill has been introduced in the Minnesota House, H.F. No. 2757, to amend Minnesota Statutes section 152.01, subdivision 9a, to read:

Subd. 9a.  Mixture.  “Mixture” means a preparation, compound, mixture, or substance containing a controlled substance, regardless of where purity is relevant only when weighing the residue of a controlled substance.

If adopted into law, this would bring back proportionality of the severity of a drug crime to quantity.

Advocates of drug legalization (regulation and taxation) may have mixed feelings about this reform.  Yes – it would cure an outlandish, gross injustice to people facing exaggerated convictions and prison terms based upon possession of water or other non-drug media.  On the other hand, the Prohibitionists really shot themselves in the foot on this one.  The Minnesota Bong Water case has helped undermine what public confidence there was in criminal drug laws and their enforcement.  As stated in the dissent in the Peck case:

The majority’s decision to permit bong water to be used to support a first-degree felony controlled-substance charge runs counter to the legislative structure of our drug laws, does not make common sense, and borders on the absurd…the result is a decision that has the potential to undermine public confidence in our criminal justice system.

To the extent the public confidence in our criminal justice system is undermined by Peck, the Minnesota Bong Water Case, and its literal interpretation of the statutory definition of a drug; this hastens the day when common sense will finally prevail with the Repeal of all drug Prohibition laws in Minnesota.

Written by Thomas C Gallagher, Minneapolis Criminal Defense Attorney.