A case that demonstrates that is the case of Jacob Lavoro, who is 19 years old. Jacob Lavoro was caught with cannabis brownies, and the State of Texas was trying to throw the book at him. Because they were brownies, and had flour, sugar, and other ingredients, the weight of the brownies was being considered the weight of the possession with intent to distribute. That all added up to a first degree felony charge, which carries a prison sentence of up to life in prison.
Fortunately, that charge was dropped, but unfortunately, another charge was applied. Per Raw Story:
The district attorney in Williamson County decided not to pursue the first-degree felony case, and a grand jury indicted Lavoro last week on a second-degree felony charge for possession of THC and a state felony charge for possession of marijuana.
“We figured that would be a simpler, more straight-forward case,” said District Attorney Mark Brunner. “We wouldn’t get lost in the weeds of arguing about the adulterants and dilutants, even though the law allows us to make that argument.”
The new charge still brings an overly harsh prison sentence if convicted. A second degree felony charge could result in up to 20 years in prison. 20 years is obviously better than life, however, it’s still a huge injustice, and a tremendous waste of tax payer dollars and corrections resources if it happens. A prison bed should be reserved for a person that is a danger to society, not for someone that makes cannabis brownies.