Certainly, there are instances where racial discrimination becomes a good defense for those charged in traffic stops or drug possession cases. It now appears that there is a Connecticut attorney, who is testing the waters to see if he can use a controversial defense that that state’s laws marijuana laws discriminate against African-Americans. The attorney who is legal counsel for National Organization for the Reform of Marijuana Laws (NORML), and is a known marijuana advocate is defending a white person in the case, so it seems a bit odd to want to use the defense for African-Americans.

“Once the statute is passed with a racial discriminatory purpose, it does not matter who is challenging it,” said the Connecticut marijuana advocate, who hopes to rid the state of its punitive marijuana laws. “The fact that my client is white makes no difference.”1

Marijuana Possession Defense Case Details

Racial Discrimination as a Defense for Marijuana Arrests | Boulder DUI Lawyer

Racial Discrimination as a Defense for Marijuana Arrests | Boulder DUI Lawyer

The following details and allegations about the Connecticut marijuana possession case were made available by news reports:

  • The Middletown Superior Court hears the marijuana case on Nov. 15, 2017.
  • The NORML advocate claims it doesn’t matter that his client is white, but the laws refer to African-Americans.
  • The 49-year-old defendant was charged and jailed for violation of probation after being arrested for allegedly possessing 1.75 lbs. of marijuana.
  • The defendant was unable to post bond, set in the amount of $150,000.
  • The defendant’s advocate claims the man is a cancer patient, and uses marijuana only for medicinal purposes.
  • The defendant has previously been apprehended for allegedly possessing 8.5 lbs. of marijuana.
  • The defense plans to call expert testimony from a prominent statistician and drug policy expert.
  • In conclusion, the NORML advocate says he plans to prove that the marijuana laws on the books are unconstitutional.

What Are The Colorado Marijuana Laws Regarding Possession?

The following are the Colorado Marijuana laws according to Amendment 64:

  • Individuals 21 years or older can possess 1 ounce of marijuana in Colorado legally.
  • Possession can include flower, concentrates, edibles, topicals, and other forms of THC infused products.
  • To buy marijuana, you’ll need a government-issued identification card to prove your age. It doesn’t necessarily need to be a Colorado ID. You can use any state driver’s license, ID, or passport to buy cannabis products in Colorado.
  • Out-of-state consumers use to only be able to buy 7 grams or less, but that changed in June 2016, when the law made it possible for anyone over 21 to buy up to 1 ounce.
  • Also, on Oct. 1, 2016, the law was changed to allow for store to sell only:
    • 8g of Concentrate (Shatter, Wax, etc.) = 1 oz. of flower.
    • 800mg of edibles = 1 oz. of flower.
  • You cannot consume marijuana openly in public.

Contact a Boulder DUI Lawyer at Peter Loyd Weber & Associates

Have you been charged with possession of marijuana or another drug? If so, an experienced Boulder DUI lawyer at Peter Loyd Weber & Associates has the experience and knowledge to build a strong defense case to help you get the best outcome possible.

We can give you a free consultation about our legal services, just call (720) 863-7755 or email us using the contact form on this page.


1“Connecticut Attorney Tests Waters of Racial Discrimination in Marijuana Laws” published in Connecticut Law Tribune, Nov. 2017.