Law or no law? (marijuana decriminalization)

[Carlos Hathcock]

Erie County DA won't wait for Albany on marijuana decriminalization

Erie County District Attorney John J. Flynn is not going to wait for a bill that decriminalizes the possession of small amounts of marijuana to take effect in New York.

And with moves announced Wednesday, the county’s top prosecutor said it’s time to ask whether further steps towards marijuana legalization are really needed.

During a news conference Wednesday morning, Flynn said anyone who possesses 2 ounces or less of marijuana in Erie County will be charged with a violation, rather than a misdemeanor.

And anyone seeking to have a low-level possession conviction sealed should make a motion in court and his office will sign off on it.

“I’m basically not going to wait for the governor to sign the bill,” Flynn said.

So now I'm confused. First he didn't hold Wingo's feet to the fire for an obvious violation of the law (albeit a stupid one at that) of bringing a gun into a school. Now he's openly stating he's not going to enforce another law because he's not waiting for Albany to figure their shit out.

So does a DA normally just flip a coin in his pencil drawer to determine who is subject to laws or which laws apply to who?

 

[MothMan]

So does a DA normally just flip a coin in his pencil drawer to determine who is subject to laws or which laws apply to who?

Probably depends on who is contributing to his re-election campaign.

 

[E the massive]

But if you grow the plant on your property you are getting locked up. Pandering.

 

[MothMan]

Can’t buy it legally so where is the 2 oz’s coming from??

 

[MothMan]

Suppliers/dealers are the pandered parties.

 

[E the massive]

Suppliers/dealers are the pandered parties.

I opine the cartels pay off the politicians to keep it illegal.

 

[SomeSoldier]

But if you have a 30 round mag in your possession, pound me in the ass prision. DA willing to protect people who want to do drugs but won't protect our consitituional rights. FUCK YOU ERIE DA.

 

[E the massive]

But if you have a 30 round mag in your possession, pound me in the ass prision. DA willing to protect people who want to do drugs but won't protect our consitituional rights. FUCK YOU ERIE DA.

I opine nefarious groups are also behind that bullshit.

 

[kev74]

I opine nefarious groups are also behind that bullshit.

You opine a lot.

 

[E the massive]

You opine a lot.

I reckon.

 

[togmaster]

2 oz.. is a party.

 

[Edwardteach72]

Pretty sure the state DID just decriminalize weed when they failed to legalize it

 

[Saltwater60]

Not sure on the amount, but this has been happening for years around my area in Erie county. You get caught with a small amount of weed and the cops have you destroy it. One joint or two. A bit more you’ll get a ticket for I think $250. No one wants to bother the courts or jails buy arresting these people.

 

[libertysnake]

Not sure on the amount, but this has been happening for years around my area in Erie county. You get caught with a small amount of weed and the cops have you destroy it. One joint or two. A bit more you’ll get a ticket for I think $250. No one wants to bother the courts or jails buy arresting these people.

While I don't think they should be arrested, it's still a violation of federal policy and should still be arrest-able offense. The policy needs to be changed -- not having people circumvent it on their own.

It's this constant circumvention that has led to lawlessness with rogue governors like Cuomo doing whatever they went, circumventing 2A and the bill of rights. It's not "OK" to sometimes circumvent and not others, as it doesn't set a standard for what the feds will enforce.

 

[GOPerfect]

I do not care either way. Does not directly effect me. I don't care what he does.

 

[Darth]

While I don't think they should be arrested, it's still a violation of federal policy and should still be arrest-able offense. The policy needs to be changed -- not having people circumvent it on their own.

It's this constant circumvention that has led to lawlessness with rogue governors like Cuomo doing whatever they went, circumventing 2A and the bill of rights. It's not "OK" to sometimes circumvent and not others, as it doesn't set a standard for what the feds will enforce.

Any time a law is not enforced is good nowadays.

 

[Acer-m14]

smoking poison Ivy is legal .. wow what a rush .. its best wen you rub it on your junk or pu-tang first ..

 

[misunderestimated]

What a disgusting state to live in, when the prosecutors decide what laws they will prosecute, I live in Rockland county NY there is so much welfare fraud and it goes un prosecuted, they were sworn to up hold the laws, not the ones they like all of them , the police are doing there job and arresting the prosecutors should be doing there job and prosicuting and keeping them locked up ,

 

[Darth]

This is the state that doesn't want SAFE enforced right?

 

[Sneezy]

The Fed Gov says Pot is not legal. Problem solved. States should be punished for legalizing pot. If you want ti legal, petition the feds to change the law, otherwise your sorry ass should be in jail.

 

[Carlos Hathcock]

What a disgusting state to live in, when the prosecutors decide what laws they will prosecute, I live in Rockland county NY there is so much welfare fraud and it goes un prosecuted, they were sworn to up hold the laws, not the ones they like all of them , the police are doing there job and arresting the prosecutors should be doing there job and prosicuting and keeping them locked up ,

I guess this is the point I'm trying to make. Is SAFE horseshit? Yes. Is it a law. Yes. Could a prosecutor choose to try someone found guilty of a violation of SAFE? Yes. If this guy is just going to preemptively decide which laws to enforce on his own, where does it stop? Does he choose not to enforce the pot law because he "thinks" it's almost a done deal? Does he choose not to enforce crimes of rape, child molestation, assault, attempted murder, and what else? He's already proven that certain "elites" are apparently above the law with the Wingo gun in school case. If I'm going to arrest someone for a crime, do I feel this guy is going to see how his gut feels that day to decide if he's going to prosecute?

 

[Darth]

The Fed Gov says Pot is not legal. Problem solved. States should be punished for legalizing pot. If you want ti legal, petition the feds to change the law, otherwise your sorry ass should be in jail.

Thankfully that isn't how the Constitution works.