Pubdate: Wed, 21 May 2014
Source: Texarkana Gazette (TX)
Copyright: 2014 Texarkana Gazette
Contact:  http://www.texarkanagazette.com/
Details: http://www.mapinc.org/media/976
Page: 7A

TOO HARSH?

Teen Could Get Life for Making, Selling Marijuana Brownies

Several states have made the use of marijuana legal for certain 
medical conditions with a doctor's prescription.

And two states-Colorado and Washington-have made recreational use of 
the drug legal.

But possession, sale and use of marijuana is still illegal under 
federal law and in many states.

That means if you get caught with pot in the wrong part of the 
country, the penalty can range from a slap on the wrist to prison 
time-a lot of prison time. Just ask Jacob Lavorno. Lavorno, 19, lives 
in Round Rock, Texas. He has no previous criminal record. But he is 
now facing a possible life sentence for violating the state's drug 
laws. How? Well, he made some marijuana brownies. No, we aren't 
kidding. According to prosecutors, Lavorno had quite a little 
business making and selling marijuana brownies and cookies. And when 
police raided his apartment, they found some pot, more than $1,500 in 
cash and the brownies.

Now in most cases, law enforcement would have to figure out just how 
much marijuana was in the brownies before deciding on charges.

But this case is a bit different. Lavorno didn't use actual marijuana 
in his recipe. Instead he used hashish oil, which contains a 
concentrated form of the active ingredient in pot.

Big mistake.

Under Texas law, use of hash oil means the whole batch of brownies 
becomes a drug. The brownies weighed just under a pound and a half.

That's major weight. Enough to bring a Class 1 Felony charge for 
possession, manufacture and deliver of a controlled substance.

The penalty range is five years to life in prison.

The story has drawn a lot of attention. And a lot of criticism. It 
seems most folks don't see this as a very serious crime. Certainly 
not one where a teen should serve a long stretch behind bars.

We agree to some extent. It's time the state Legislature took a look 
at marijuana laws. We are not suggesting legalization. But we see no 
reason to further fill the state's already overcrowded prisons with 
nonviolent offenders such as Lavorno. Of course, not everyone is 
sympathetic to the teenager's plight. Some have suggested that if 
Lavorno decided to do the crime, then he should do the time.

And frankly, we understand that view as well. Violating the law has 
consequences-even if you don't particularly care for the law in 
question. Lavorno was willing to profit for his illegal acts, but he 
doesn't want to pay the price for getting caught.

Basically, Texas lawmakers need to reconsider laws such as this one 
that carry substantial prison sentences for nonviolent offenders. But 
until that happens, those who insist on breaking those laws should 
not be surprised if they end up with a long stretch behind bars.
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