Albany Sheriff Cracks Down on Gambling and Marijuana

The Albany Sheriff is really cracking down on the bad guys these days. The Times Union had a couple of articles on November 29th about his team nailing a gambling ring, and another about them bungling a marijuana operation.

In the gambling story, the Sheriff successfully protected the public from four dopes who were engaged in a gambling conspiracy. The story is filled with dollar amounts that are probably inflated for dramatic purposes. Even if you believe them, the "gambling ring" had $1.7 million in bets over a 4-month period, entirely on sports. If the bookie is getting two percent, that's a whopping $34,000 in profit. You can't get much more than that since anyone can gamble online anyway. I do feel much safer knowing that a team of investigators spent so much time protecting us from these dangerous men. And I can still blow my money on QuickDraw.

Next we find out that a team of investigators was cutting down marijuana plants up in the woods in Berne. For some reason they're not wearing uniforms, but instead they're wearing camouflage. So some guy and his dog happen by and there's a confrontation, the guy's dog attacks a detective. Another officer finds a gun and shoots the dog, mostly taking off the detective's thumb in the process.

So I'm reading all of this and I'm wondering ... why are they wearing camo? Why is this operation so secretive? I can't help but suspect that maybe they weren't planning to destroy the marijuana. Maybe, just maybe they were either going to sell it or smoke it. Or both. Now even if I'm off base on that, isn't it nice to know we've got a team of officers in the woods going after about 100 marijuana plants? Makes me feel safe, that's for sure. If it wasn't for them, one of those plants might have stolen a car, driven to a local high school, and then been smoked by a poor teenager who might die 50 years later from lung cancer -- if Bush and Hillary don't get him killed in Iraq first.

But we can all feel a little safer because Albany District Attorney David Soares is prosecuting the poor bastard who owns the dog. You remember Soares. He's the one who opposes the drug war and criticized law enforcement's role on a trip to Vancouver (who paid for that anyway?) a couple years ago. Strangely he's not criticizing the cops on this one. You'd think he could connect the dots ....

Marijuana defense - dismissal under NY law - CPL 170.56

If you're facing marijuana charges in New York State, we might be able to help. Please check out our Marijuana Lawyer page.
Got part of another case resolved tonight. Client was charged with UPM (unlawful possession of marijuana). Criminal Procedure Law section 170.56 provides for dismissal or ACOD (adjourned in contemplation of dismissal) for UPM and the two misdemeanor marijuana charges, if it's a first-time marijuana offense. Defendant has to move for it, and the DA's consent is not required.

When I first appeared on this case, the ADA wanted my client to do 20 hours of community service. Sometimes DAs make up their own laws. This is not the ADA's fault. We have a new DA in Albany County, and this is part of his agenda. It's quite disturbing because he ran on a drug policy reform platform, and now he is giving the worst deals on minor marijuana offenses. No other county DA in the area seeks community service on a UPM.

So when that happened, I made a "letter motion" (I sent a letter and said "Judge, I move for ...") for dismissal under 170.56. I appeared in Court tonight and the ADA still insisted on community service.

We approached and discussed with the judge. In this case it helped that my client already volunteers extensively doing something very nice and noble. The ADA initially told the judge that he did not have the authority without her consent. I disagreed. We took a break while she looked it up. We went back in front of the judge and she admitted I was right. Yes, that does something for the male ego. :-)

So the judge granted my motion, and because of NY law regarding UPM and this dismissal, it's as if it never happened. My client was never arrested, under New York law.

I should mention that I've never had a problem with this ADA before, and we had done deals on UPMs before the new DA, and there was no problem then. While I am often critical of prosecutors, I do respect this particular ADA even if I disagreed with her on this case.

Possession of marijuana -- unlawful or criminal

Note: Our office handles marijuana possession cases.
I appeared with a young client this week who was charged with Criminal Possession of Marijuana (CPM). In NY, 25 grams or less is unlawful possession of marijuana (UPM), a violation. This client had 29 grams, which makes it a misdemeanor -- a crime. 29 grams is about an ounce.

With UPM, it's common to get the charge resolved with an ACOD - adjournment in contemplation of dismissal. There's a specific statute authorizing ACODs for UPM. But this client was 4 grams over that. You hope for a sensible DA who will agree to resolve the CPM with an ACOD. Unfortunately it can be tough to find sensible DAs.

In this case we resolved it with a Disorderly Conduct (DisCon) violation. Client paid a fine of about $200. At least he has no crime on his record, and no drug charge to affect financial aid.

Supreme Court Marijuana Decision - So much for liberals and conservatives

The US Supreme Court recently made another decision on "medical marijuana" (PDF).

California legalized marijuana for medical use. Under federal law (the Controlled Substances Act, or CSA), marijuana remains illegal. The CSA was challenged as violating the Commerce Clause (and also the Necessary and Proper Clause). This is part of a very long dispute on the Court over how much power the federal government should have vis-a-vis the state governments. The states' rights side, usually conservative, argues for more power to the states. The liberal side tends to support more federal power.

So we have a supposedly liberal issue -- medical marijuana -- and its proponents arguing a conservative position -- that in the CSA the federal government is encroaching on states' rights.

The Court ruled 6-3 holding that the CSA does not violate the Commerce Clause -- effectively ruling against medical marijuana. What is most striking is who dissented: O'Connor, Rehnquist, and Thomas. Three of the most conservative justices effectively voted for medical marijuana (O'Connor was careful to note that she would have voted against the California law if she had been a resident of the state). Meanwhile liberal justices like Breyer and Ginsburg voted against medical marijuana.

For some other blog posts and links on this topic, see:


SCOTUSblog has an extensive discussion today with several posts, including this one.

Drug Policy Alliance Blog is part of the leading and most central organization fighting against the drug war.

Last, and probably least, if anyone needs a lawyer in New York State for a marijuana-related case, they might want to check out my website's marijuana lawyer page.

Marijuana Laws

Today I noticed a blog mentioned marijuana enforcement in a posting 26 Million Joints". I've been a critic for many years of the the War on Drugs. Now as a lawyer I frequently represent defendants on marijuana charges. The most common in New York is "Unlawful Possession of Marijuana" (UPM). It is a very low level offense. The fine and surcharge is usually about $200.

The most common way this comes up is when someone is pulled over for speeding, and then the cop finds marijuana in the car. We can usually get a plea bargain where the driver pleads to UPM and the speed is dropped. This is a very good deal because the UPM does not affect your license.