Connect with us

Crime

Mississippi Supreme Court Upholds Life Sentence for Weed Possession

Published

on

The Mississippi Supreme Court has upheld a sentence of life in prison without the possibility of parole for a man convicted of possessing less than two ounces of pot.

The Mississippi Supreme Court voted last week to uphold a life sentence without the possibility of parole for a man who was convicted of possessing less than three ounces of weed. The court voted 6-3 to confirm the penalty for the defendant, Allen Russell, who was sentenced under Mississippi’s habitual offender statute.

“Because the trial judge followed the law to the letter, we affirm,” Justice Robert P. Chamberlin wrote in the majority opinion quoted by the Epoch Times. “The trial judge did not have sentencing discretion in this case.”

Russell was arrested in 2017 for possessing five bags of cannabis weighing a combined total of 79.5 grams (just over 2.5 ounces) that police discovered while executing a search warrant. Lab analysis of two of the bags determined they contained 43.71 grams (about 1.54 ounces) of cannabis, and Russell was indicted on one charge of possessing more than 30 grams but less than 250 grams of cannabis.

Normally, a conviction on such a charge would carry a sentence of up to three years in prison. But Russell was also charged with being a violent habitual offender, subjecting him to a mandatory life sentence without parole upon conviction.

Sentenced Under Mississippi Habitual Offender Law

During his trial, prosecutors presented evidence that Russell had three prior felony convictions, two for burglary and one for possession of a firearm by a convicted felon. Under Mississippi state law, a burglary is considered a violent offense, even if no evidence of actual violence against a person is presented in a case.

Russell had pleaded guilty to the burglary charges in 2004 and was given two concurrent 15-year sentences. He spent a little more than 8.5 years in prison and was released in 2014, the same year that Mississippi law was changed to classify burglary as a violent crime, even if no evidence of violence is presented in court.

A jury found Russell guilty of the possession charge in 2019 and the court found that he was a violent habitual offender under the law, sentencing him to life behind bars. Russell then sued to overturn the sentence, arguing it violated his right to be protected from cruel and unusual punishment under the Eighth Amendment to the U.S. Constitution and his constitutional right not to be subjected to ex post facto laws.

Chief Justice Michael Randolph wrote in a separate concurring opinion that Russell’s life sentence was not solely for cannabis possession and that he had been treated leniently by the courts in previous criminal cases, noting that the defendant “is no stranger to the criminal justice system.”

“Russell has received a harsh punishment not because he possessed a small amount of marijuana, but because he has repeatedly refused to abide by the laws enacted to protect all the citizens of our state,” Randolph wrote.

The chief justice added that it is “pertinent to note that the arrest came while law enforcement was attempting to serve another drug-related warrant on Russell as well as execute a search warrant on his premises.”

Justice Josiah Coleman wrote in a dissenting opinion that Russell has been poorly treated by the courts. He noted that there is uncertainty regarding Russell’s criminal history, writing that “burglary was not considered a per se crime of violence until” state law was changed in 2014. The defendant “pled guilty to two counts of burglary in 2004,” 10 years after the change. But “burglary was only considered a crime of violence if actual violence took place during the burglary” before the law was changed. The dissenting judges questioned if Russell actually had a violent criminal history.

“Prior to July 1, 2014, burglary was only considered a crime of violence if actual violence took place during the burglary,” reads the dissenting opinion. “We do not know whether Russell’s burglaries involved actual violence, but the fact that he was allowed the opportunity by the sentencing court to participate in the Regimented Inmate Discipline Program tends to indicate they did not.”

Appeals Court Confirmed Sentence Last Year

Last year, an appeals court voted 5-5 in Russell’s case, with the tie vote not enough to overturn the sentence. In an opinion upholding the penalty, the judges wrote that the sentence is in accordance with state law. But several dissenting judges wrote that courts can and should make exceptions when warranted.

“The purpose of the criminal justice system is to punish those who break the law, deter them from making similar mistakes, and give them the opportunity to become productive members of society,” appeals court Judge Latrice Westbrooks wrote in the 2021 dissenting opinion. “The fact that judges are not routinely given the ability to exercise discretion in sentencing all habitual offenders is completely at odds with this goal.”

The case was then appealed to the Mississippi Supreme Court, which upheld the sentence in last week’s decision.

petition on Change.org organized by the group Check Your Privilege is calling on Mississippi Governor Tate Reeves to commute Russell’s life sentence. As of Tuesday, the petition had garnered more than 100,000 signatures.

“There is no amount of cannabis that should land someone a life sentence,” reads the petition. “Allen Russel was found guilty of possession in 2019 over just an ounce of weed, meanwhile laws around recreational use are softening all across the US.”

Mason Tvert, a longtime cannabis activist and partner at cannabis policy firm VS Strategies, criticized the sentence, suggesting it should be reviewed by the U.S. Supreme Court.

“It is tragically ironic that this man’s life is being taken away from him for possessing a substance which, used alone, has never taken a life,” Tvert wrote in an email to High Times. “This case certainly warrants further review and ought to be reversed.”

Source: https://hightimes.com/news/mississippi-supreme-court-upholds-life-sentence-for-weed-possession/

Business

Pittsburgh Advocates Unite To Legalize Adult-Use Cannabis in Pennsylvania

Published

on

Pittsburgh NORML is working to push forward legislation to allow cannabis for adults in Pennsylvania.

In Pennsylvania’s second-largest city, advocates are busy working to legalize adult-use cannabis.

Last month, two lawmakers introduced Senate Bill 846 to legalize adult-use cannabis in Pennsylvania. The bill currently waits for review from the Senate Law and Justice Committee for further deliberation. Next Pittsburgh reports that advocates at a local Pittsburgh branch of NORML are gearing up for legalization efforts in the state.

“This is a much bigger issue than just cannabis—it’s about giving people the right to be able to find health and wellness in the way that they want to and to not have to feel like the government will tell them how they’re allowed to heal,” says Gina Vensel, a cannabis educator and advocate in the area. Vensel is also on the executive committee of Pittsburgh NORML, the Pittsburgh branch of the National Organization for the Reform of Marijuana Laws (NORML).

SB 846 is a bipartisan effort and was spearheaded by Sens. Daniel Laughlin and Sharif Street. The bill would establish a Cannabis Regulatory Control Board, and allow adults 21 and over to purchase cannabis from retail locations. It would additionally allow medical cannabis cardholders to grow cannabis at home. Lastly it would expunge nonviolent cannabis-related convictions.

“Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity,” Laughlin said in a statement. “With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs.”

Problems Remain in Pittsburgh

High Times reported in 2018 that Solevo Wellness was the city’s first medical dispensary, and is the fourth operating medical cannabis dispensary in the entire state of Pennsylvania. The process of establishing, licensing, and opening Solevo Wellness took about 18 months. The company credits much of their success in obtaining the proper permits to their hired industry consultant, Sara Gullickson.

Pittsburgh, located in Allegheny County, decriminalized cannabis in 2015. Part of the policy shift involved giving law enforcement a choice between arresting people for suspected cannabis offenses or simply giving them a citation. Further downstream the criminal legal system, prosecutors in Pennsylvania’s major cities enacted “decline to prosecute” policies for minor cannabis cases that went to trial.

Despite decriminalization locally, arrests for cannabis increased since Pittsburgh enacted decriminalization policies. Many officers at police departments are having a hard time letting go of the old policy, continuing to arrest rather than ticket suspected offenders.

 Analyzing all the criminal dockets filed in Allegheny County from 2016 to 2017, The Appeal broke down the 2,100-some cases where the top charge was possession of less than 30 grams of cannabis. They also looked at the thousands of arrests for minor possession police made over the same period.

Of the 2,100-plus cannabis-related cases in Allegheny County where the defendant received a misdemeanor possession charge, 51 percent of the people charged were Black. According to the most recent U.S. census data from 2017, 13.4 percent of all Allegheny residents are Black. And the dramatic racial disparity across the county is even more acute in Pittsburgh: Black people were charged in more than 400 of the 600 cases filed by the Pittsburgh Police Department. Black people comprised two-thirds of all cannabis cases in the city, despite representing just 24.3 percent of the city’s population. In other words, Pittsburgh police charged Black people for cannabis twice as much as white people.

The Pittsburgh Pirates and Decriminalization

On a few notable occasions, Pittsburgh Pirate games provided a stage for decriminalization efforts and awareness.

Wiz Khalifa, a Pittsburgh native, is an advocate for both cannabis and psilocybin. He tossed the ceremonial first pitch on Monday at PNC Park in Pittsburgh, prior to a game between the Pittsburgh Pirates and Cleveland Guardians. “Finna get stoned af and throw this first pitch at the pirates game,” he tweeted, before following it up with more specifics. “Shroomed out throwin a baseball is crazy,” Wiz said in another tweet moments later.

Former Pirates pitcher Dock Ellis pulled off a pitch on acid as well on June 12, 1970. 

It was on that day that Ellis reputedly threw a no-hitter while tripping on LSD. 

“According to Ellis (and, it should be noted, all of this is according to Ellis), he went to visit a friend in Los Angeles the day before his start, took some acid and stayed up late into the night drinking and doing drugs, subsequently losing track of which day it was,” Sports Illustrated wrote in 2017. “The day of his start, he woke up and, thinking he was supposed to pitch the next day, took another hit of acid at noon, only to learn two hours later from his friend that he was, in fact, supposed to be on the mound against the Padres that evening in San Diego. Ellis got on a plane an hour later and made it to the park 90 minutes before first pitch.”

For the time being, advocates in the city remain busy at work.

Source: https://hightimes.com/news/pittsburgh-advocates-unite-to-legalize-adult-use-cannabis-in-pennsylvania/

Continue Reading

Business

5 Of The Best True Crime Podcasts

Published

on

There’s never been a better time for lovers of true crime stories. The topic, usually explored in books, novelizations, and TV dramas, is now experiencing a resurgence through Netflix documentaries and podcasts. The really great and notable works are being developed by experts in their respective fields, who deliver information on the cases in ways that are informative, sobering, terrifying, and always entertaining. Here are what we think are 5 of the best true crime podcasts.

Ever since Truman Capote wrote In Cold Blood, we have been drawn to true crime.  So why not escape into the darkest experiences of our recent past?

Cold

“Cold” looks into the case of Susan Powell, a young mother of two who disappeared from Utah in 2009. The podcast dives deep into the story of her husband Josh, the prime suspect of her disappearance. Conducted by reporter Dave Cawley, the podcast analyzes Josh’s violent past in detail and supplements the story with journals and written accounts from observers, which paints a vivid and thorough picture of a case that will bug you long after your listening is over.

Crimetown

Season 2 of “Crimetown” is being released this year and it focuses on the city of Detroit, Michigan, mainly the rise and fall of Kwame Kilpatrick, the city’s youngest elected mayor who’s currently serving a 28-year prison sentence. The podcast begins in the 70s, with a racially charged police shoot-out, and continues to track the events that take place in Detroit over the years, painting an in-depth picture of the city and the entire community that was involved.

Happy Face

This twelve part podcast follows Melissa Moore as she reckons and follows the investigation of her father, Keith Hunter Jesperson, a man who was charged with the murder of eight women over the span of five years. Popularly known as the Happy Face Killer, Jesperson committed most of his known crimes during the early 90s. He earned his name from the smiley faced notes he used to send to policemen after his kills.

Dr. Death

Hosted and reported by science journalist Laura Beil, “Dr. Death” tells the story of Christopher Duntsch, a real life neurosurgeon who killed and maimed dozens of patients under his care. Over the span of two years, Duntsch operated on 38 patients, leaving two dead and 31 paralyzed or gravely injured. The podcast explores his life, his medical training, problems with drug abuse and finally, his imprisonment.

Serial

In its third season, “Serial” switches things up. The podcast that used to track a single crime per season, decided to set camp in a Cleveland courthouse and document the different cases that were filed. The podcast is comprised of nine episodes, each focusing on a different case and its subsequent journey through the justice system.  The result is an interesting documentation of crimes that range in styles and that highlight how justice isn’t always served.

Hope you enjoy 5 of the best true crime podcasts!

Source: https://thefreshtoast.com/culture/5-of-the-best-true-crime-podcasts-2/

Continue Reading

Crime

India: Man Dies in Police Custody After MDMA Arrest, Officers Suspended

Published

on

Thamir Jifri, 30, died August 1 while in police custody for MDMA possession. A postmortem examination led to eight officers being suspended while an investigation is conducted re: alleged torture and beating.

Dear reader, we regret to inform you that the war on drugs has needlessly claimed another life, this time in southwest India where a man was arrested for MDMA possession shortly before dying in police custody.

Several different Indian news outlets have reported that Thamir Jiffri, age 30, was arrested in the early morning hours of August 1 in Tanur, a town of about 50,000 people in Kerala, India. He was arrested with four others for drug possession charges and died around 4:30 in the morning from what police said was a drug overdose.

The problem is police testimony directly conflicts with both accusations from the victim’s family as well as the post mortem examination. Jiffri’s family has publicly alleged that Thamir was not in fact arrested in Tanur on August 1 as police have attested. The family has accused the police of coming into their home in nearby Chelari, about a 20 minute drive to the northeast, the previous evening, beating Thamir in front of them and arresting him. 

A public outcry followed Jiffri’s death. The following is a statement made by Indian Union Muslim League leader N. Samsudheen, a member of 15th Kerala Legislative Assembly:

“Jiffri was taken to the police quarters and subjected to third-degree torture. The postmortem report revealed that 21 wounds were inflicted on his body. This in itself is a proof of the kind of torture he was subjected to. Although Jiffri was taken into custody from his place at Chelari, the police claimed that he was arrested from under the railway bridge at Tanur. It has now also been revealed that he was sodomized in police custody.” 

Eight police officers were suspended following Jiffri’s death. Samsudheen has publicly demanded the Malappuram Superintendent of Police be suspended as well. 

“We raised the issue in the assembly. Regrettably, the government is yet to take appropriate action against the SP. We suspect the possibility of the SP’s involvement or knowledge in the custodial torture. To facilitate an unhindered investigation by the CBI, we firmly demand the removal of Malappuram SP,” Samsudheen said.

The postmortem examination referenced above also showed that two packets of a crystalline substance were found in Jiffri’s abdomen, though tracking down much more detail than that has proven difficult from my desk in California. 

All of this information has been put together from about 10 different articles in Indian/East Asian news outlets, almost none of which fully agree with each other on every detail surrounding this case. To that end, about half of them spell Thamir’s name “Tamir Jiffri” or “Tamir/Thamir Geoffrey.” I don’t know if this is because accurate information is hard to come by in certain parts of the world or because online translators take certain auto-programmed liberties which can often lead to errors. It could be any number of things.

What I DO know is a young man appears to have been arrested either at his home or in a nearby town with some MDMA on him, a drug very near and dear to my own heart. That young man was dead hours later and a postmortem examination showed he took one hell of a beating before he died. All the police involved have been suspended and Jiffri’s family and local representatives have been demanding action be taken ever since.

It is also worth mentioning here that India has some extremely stringent laws regarding drug possession and use. Possession of small quantities of drugs in India is punishable by six months imprisonment and a $10,000 fine. Large amounts get you 10-20 years and habitual offenders are eligible for the death penalty. This is small beer compared to a country like Singapore where 15 people have been executed in the last year for drug use, but still a terrifying reality for anyone who wants to eat or sell a bit of Molly in India.

Thamir Jiffri’s family, Kerala Police, Malappuram Police and any of the journalists who wrote the articles I referenced did not return my attempts to contact them. Nonetheless, limited details of this terribly tragic situation have made their way all the way from Kerala, India to the West Coast of America, where pretty soon we’ll be paying exorbitant prices for some guy named Indica to doll us out two points of MDMA from his silly little doctor’s office in Palo Alto. At the risk of editorializing a bit, we mustn’t let stories like Thamir’s go untold as we fight to end the drug war in America because overseas they get executed, put into work camps, or allegedly beaten to death in police stations. 

Source: https://hightimes.com/news/india-man-dies-in-police-custody-after-mdma-arrest-officers-suspended/

Continue Reading

Trending

Copyright © 2022 420 Reports Marijuana News & Information Website | Reefer News | Cannabis News