There are those among us who have reached the height of educational accomplishment such as Judges, Doctors and other folks who have earned their D’s.
So when one of our most educated fellows looks at a piece of law and says “What the f*ck” then how in world would us simple people be able to make sense of it?
Better yet, how do you or I avoid breaking the law when neither the citizens, the pubic, the police, nor the justice system can figure out what the laws says?
Well that’s the same thing that District Judge Donald Mosley said when he dismissed an indictment earlier this week against Leonard Schwingdorf and more than 10 additional people who were charged with criminal marijuana distribution.
Schwingdorf and other employees of a medical marijuana were charged after selling marijuana for medicinal purposes to an undercover police officer who presented them with a valid medical marijuana card.
Well why don’t they (the Legislature) make up their mind if they want to make it legal or not,” the judge said. “I’m looking at it thinking I can’t make any sense out of this law.
“Are people supposed to give it away?” Mosley said. “I mean it just makes no sense.”
Robert Draskovich argued for the dismissal of the charges on several grounds because prosecution left out four key pieces of evidence; including the application filled out by the police officer which stated he was not required to give a donation in exchange for receiving marijuana.
Once the officer received the marijuana after presenting a valid medical marijuana card; he chose to make a monetary donation creating the manufactured circumstances used to charge the clinic with criminal marijuana distribution.
The Judge threw out the indictment and instructed the state of Nevada to go back to the drawing board and holla back when they figure out what it is they are trying to say.
Yet the defendants face more charges and will be in and out of court at the expense of tax payers as they fight over the details of the laws that they were charged under over the course of the next few months.
If states are weeping for money then why not legalize and tax marijuana?
I know, I know, everybody asks that question.
And how much more time and money will be spent paying people to create laws that no one understands?
And much more time and money will be spent prosecuting citizens for breaking laws that no one understands?
And how did the police get away with using these bubble gum stuck pretend circumstances to create criminal charges?
And what about those otherwise civilized folks sitting in jail?
And wasn’t that place serving sick people? Whatever happened to them?
And then there is question of the potential revenue available if marijuana was legal for medicinal or social consumption. The states either do or do not want or need an increase in revenue. I get so confused.
So, so many questions.
Too bad that no one has a straight answer.