http://www.delawareonline.com/story...ized-but-still-triggers-gun-felony/100644004/
Interesting read on a "smoking" hot topic.
Interesting read on a "smoking" hot topic.
Marijuana Decriminalized but Still Triggers a Gun Felony
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Wallace disagreed with Buckworth, saying he must apply the law as it currently reads.
"Sure, it's conceivable that if it ever did, the legislature might choose to eliminate non-criminal marijuana possession as an element of that compound weapons crime," Wallace wrote. "But, the legislature has not done so. And, this court cannot do so in its stead."
Wallace pointed to a recent Supreme Court decision in which it said it is beyond the courts' role to "question the policy or wisdom of an otherwise valid law. Rather we must take and apply the law as we find it, leaving any desirable changes to the General Assembly."
The defense attorney must have been hoping for one of hose 'activist judges' but didn't find one. All the same, the jury acquitted the defendant.
Wallace disagreed with Buckworth, saying he must apply the law as it currently reads.
"Sure, it's conceivable that if it ever did, the legislature might choose to eliminate non-criminal marijuana possession as an element of that compound weapons crime," Wallace wrote. "But, the legislature has not done so. And, this court cannot do so in its stead."
Wallace pointed to a recent Supreme Court decision in which it said it is beyond the courts' role to "question the policy or wisdom of an otherwise valid law. Rather we must take and apply the law as we find it, leaving any desirable changes to the General Assembly."
The defense attorney must have been hoping for one of hose 'activist judges' but didn't find one. All the same, the jury acquitted the defendant.
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