# 5

Outside of the Uniform Code of Military Justice (as it applies to US Military Personnel) does the U.S. Code and do State Criminal Laws really prohibit drug use?  Or, are all such claims regarding the unfairness of jailing adults for "using" prohibited drugs; bogus?

Shouldn't the readers have a firm understanding that it is the possession of prohibited substances which carries penalties which can include imprisonment?

Let's examine this:

Obama Says Treating Drug Use as a Criminal Problem is "Counterproductive"

January 22, 2015 - By Tony Newman

President Barack Obama continues to speak out against mass incarceration, the devastating impact of our drug policies on communities of color and his expectation that marijuana legalization will continue to spread.

Obama’s comments came today during his YouTube interviews with YouTube bloggers, Bethany Mota, GloZell Green, and Hank Green.

Some Obama nuggets from today’s interview include this on marijuana:

“What you’re seeing now is Colorado, Washington through state referenda, they’re experimenting with legal marijuana,” the president said in response to a question from host Hank Green.
“The position of my administration has been that we still have federal laws that classify marijuana as an illegal substance, but we’re not going to spend a lot of resources trying to turn back decisions that have been made at the state level on this issue. My suspicion is that you’re gonna see other states start looking at this.”

Obama also addressed how we should treat people who are not violent drug offenders.

“What I am doing at the federal level,” Obama responded, “is asking my Department of Justice just to examine generally how we are treating nonviolent drug offenders, because I think you’re right.”

“What we have done is instead of focusing on treatment — the same way we focused, say, with tobacco or drunk driving or other problems where we treat it as public health problem — we’ve treated this exclusively as a criminal problem,” the president said. “I think that it’s been counterproductive, and it’s been devastating in a lot of minority communities. It presents the possibility at least of unequal application of the law, and that has to be changed.”

President Obama and Attorney General Holder have repeatedly spoken out against the drug war and mass incarceration. Back last January President Obama made national news with an interview with the New Yorker.

“As has been well documented, I smoked pot as a kid, and I view it as a bad habit and a vice, not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life. I don’t think it is more dangerous than alcohol," Obama told David Remnick.

The president expressed concern about disparities in arrests for marijuana possession. “Middle-class kids don’t get locked up for smoking pot, and poor kids do,” Obama said, adding that individual users shouldn’t be locked up “for long stretches of jail time.”  http://www.drugpolicy.org/blog/obama-says-treating-drug-use-criminal-problem-counterproductive

As the reader can see by examining the President's selection of his words, and he is a member of the Bar and knows that the laws use the term "possession", not "use," yet he opts for a term which is not used by the legislatures which create the Criminal Law.

In contrast, examining the law as written in the Commonwealth of Virginia, readers will not find that use or usage is proscribed.


Code of Virginia § 18.2-248. Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties.

A. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), it shall be unlawful for any person to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance.

Code of Virginia  § 18.2-250. Possession of controlled substances unlawful.

A. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
Upon the prosecution of a person for a violation of this section, ownership or occupancy of premises or vehicle upon or in which a controlled substance was found shall not create a presumption that such person either knowingly or intentionally possessed such controlled substance.

The following is a reference to the Federal, U.S. Code law regarding "simple possession" as found in Nevada:

Penalties

A first-time conviction of violating federal law for simple possession of narcotics carries a sentence of:

·         up to one year in Federal Prison, and/or

·         a minimum fine of $1,000

Meanwhile second-time conviction of simple drug possession carries a sentence of:

·         fifteen days to two years in prison, and

·         a minimum fine of $2,500

 And third or successive conviction of simple possession of controlled substances carries a sentence of:

·         ninety days to three years in prison, and

·         a minimum fine of $5,000

Note that past drug possession convictions in any state court count as "previous convictions" in Nevada federal court. So a defendant with only a first-time conviction of violating federal drug possession law may still be punished as a repeat offender if he/she has past drug possession convictions in a state court.

Also note that defendants who are convicted under 21 U.S.C. § 844 face extra fines to cover reasonable costs of the investigation and prosecution of the case. However, the court may waive all fines if it determines that the defendant has no ability to pay.

Finally, note that all federal drug cases in Nevada are litigated in either the Lloyd D. George Federal Courthouse in Las Vegas, or the Bruce R. Thompson Federal Courthouse in Reno.

http://www.shouselaw.com/nevada/federal-simple-possession.html

Below is a reference to the Federal, U.S. Code as it applies and is interpreted in Pennsylvania; again, possession, not use, is what is proscribed.

Laws Governing Drug Use

A. Federal Law

The Federal Government prohibits the manufacture, distribution, dispensation and possession of controlled substances unless specifically permitted by statute.

In addition to the manufacture, distribution or sale of controlled substances, federal law prohibits unauthorized possession of controlled substances. Penalties for simple possession include up to one year imprisonment and/or at least a $1,000.00 fine (but less than $10,000.00) for a first offense; up to two years imprisonment and/or at least a $2,500.00 fine (but less than $250,000.00) for a second offense; up to three years imprisonment and/or at least a $5,000.00 fine (but less than $250,000.00) for subsequent offenses. Special sentencing provisions apply to the possession of crack cocaine. Special federal penalties apply to the sale or distribution of controlled substances to persons under age 21 or within 1,000 feet of school, college or university property.

http://drexel.edu/studentlife/community_standards/studentHandbook/Drug_Free_Schools_and_Communities_Act/laws_drug_use/

To continue this dialog, an open invitation for laws in the United States which carry jail time for mere use of a prohibited substance - in the absence of possession (let's say its prior use is confirmed through a urine or blood test)- is extended; please cite the Code Sections and State.  Absent any proof, all should agree that possession is what is outlawed; not use.