Complete the matrix by selecting three states to add below Federal. Then, answer each question listed in the first row for each corresponding law.
| |Is marijuana |What are the |What are the |What are the |What is the |Is there extreme |
| |illegal? |penalties for |penalties for |penalties for |blood alcohol |DWI or DUI? If so,|
| | |possession of |possession of heroin?|possession of |level for a |what is the |
| | |cocaine? | |prescription drugs?|driving while |punishment? |
| | | | | |intoxicated | |
| | | | | |(DWI) or driving| |
| | | | | |under the | |
| | | | | |influence (DUI) | |
| | | | | |crime? | |
|Federal |No. |Title 21 1st |Title 21 1st |Title 21 1st |In the vast |None that I found |
| | |conviction u to 1 |conviction u to 1 |conviction u to 1 |majority of DUI | |
| | |year,$ 1,000 to |year,$ 1,000 to |year,$ 1,000 to |situations, the | |
| | |100,000 fine 2nd |100,000 fine 2nd |100,000 fine 2nd |states each set | |
| | |conviction: minimum |conviction: minimum |conviction: minimum|their own laws. | |
| | |25 days, maximum 2 |25 days, maximum 2 |25 days, maximum 2 |This includes | |
| | |years, $2,500 to |years, $2,500 to |years, $2,500 to |laws relating to| |
| | |$25,000 fine 3rd |$25,000 fine 3rd |$25,000 fine 3rd |blood alcohol | |
| | |conviction 9 days |conviction 9 days |conviction 9 days |content. While | |
| | |minimum, maximum 3 |minimum, maximum 3 |minimum, maximum 3 |.08 percent is | |
| | |years $5,000 to |years $5,000 to |years $5,000 to |the standard | |
| | |$250,000 |$250,000 |$250,000 |across most | |
| | | | | |states, this | |
| | | | | |doesn't make | |
| | | | | |this a federal | |
| | | | | |standard. It is | |
| | | | | |simply a number | |
| | | | | |that each state | |
| | | | | |has determined | |
| | | | | |is the | |
| | | | | |appropriate | |
| | | | | |number at which | |
| | | | | |to set the bar | |
| | | | | |for DUI charges.| |
| | | | | |However, there | |
| | | | | |are certain | |
| | | | | |states that do | |
| | | | | |set the BAC | |
| | | | | |level at .10 | |
| | | | | |percent instead | |
| | | | | |of at .08 | |
| | | | | |percent. In | |
| | | | | |addition, | |
| | | | | |Federal DUI | |
| | | | | |charges do set | |
| | | | | |the bar at .10 | |
| | | | | |percent. | |
|Maryland |No. only in the |Code 5-601 up to 4 |Code 5-601 up to 4 |Code 5-601 up to 4 |Code 21-902 For |Code 21-902 |
| |exception of |year imprisonment and|years in prison and |years in prison and|a DUI it is .08 |DWI/DUI 2 years |
| |medical use |fines reaching |or fines of $25,000 |or fines of $25,000|or higher and |(DUI) 1 year (DWI)|
| | |$25,000 | | |DWI .07 |fines of $2,000 |
| | |Code 5-602 possession| | | |(DUI) and $500 for|
| | |with intent to | | | |(DWI) 1 year |
| | |distribute felony | | | |suspension on |
| | |charge up to 20 years| | | |license for both |
| | |in prison and or | | | | |
| | |maximum fine $25,000 | | | | |
|Colorado |Yes. 21 years or|18-18-403.5. Unlawful|18-18-403.5. Unlawful|18-18-403.5. |Under 21 .02 |DWAI With Previous|
| |older one ounce |possession of a |possession of a |Unlawful possession| |DUI: Jail – 60 |
| |of marijuana or |controlled substance |controlled substance |of a controlled |21 or older DUI |Days to 1 Year, |
| |THC |Class I punishable by|Class I punishable by|substance Class I |.08 and .05 for |Fine – $800 to |
| | |6 to 18 months of |6 to 18 months of |punishable by 6 to |DWAI (driving |$1,200, Public |
| | |incarceration and |incarceration and |18 months of |while ability |Service – 52 to |
| | |fine of $600 to |fine of $600 to |incarceration and |impaired) |104 Hours |
| | |$5,000 or both Class |$5,000 or both Class |fine of $600 to | |DUI With Previous |
| | |2 punishable by three|2 punishable by three|$5,000 or both | |DWAI: Jail – 70 |
| | |months to one year |months to one year |Class 2 punishable | |Days to 1 Year, |
| | |and a fine of $250 to|and a fine of $250 to|by three months to | |Fine – $900 to |
| | |$1,000 or both |$1,000 or both |one year and a fine| |$1,500, Public |
| | | | |of $250 to $1,000 | |Service – 56 to |
| | | | |or both | |112 Hours |
|Michigan |No. But |333.7403. An amount |333.7403. An amount |333.7403 |Under 21 .00 21 |Refusing to have |
| |Detroit’s |of 1,000 grams or |of 1,000 grams or |prescription form |and older .08 |your breath, blood|
| |Proposal M |more of any mixture |more of any mixture |is guilty of a |and commercial |or urine tested |
| |exempts adults |containing that |containing that |misdemeanor |.04 |for alcohol or |
| |21 years or |substance is guilty |substance is guilty |punishable by | |drugs. Michigan |
| |older from |of a felony |of a felony |imprisonment for | |implied consent |
| |criminal |punishable by |punishable by |not more than 1 | |laws dictated that|
| |prosecution for |imprisonment for life|imprisonment for life|year or a fine of | |if you’re arrested|
| |possessing less |or any term of years |or any term of years |not more than | |and refuse to take|
| |than an ounce on|or a fine of not more|or a fine of not more|$1,000.00, or both.| |a test your |
| |private |than $1,000,000.00, |than $1,000,000.00, | | |license will |
| |property. |or both. |or both | | |automatically |
| | | | | | |suspended for one |
| | | | | | |year and six |
| | | | | | |points will be |
| | | | | | |added to your |
| | | | | | |driving record. |
1. Where do you see the largest variance between federal and state anti-drug legislation? I would say Colorado’s law seem to be more lenient than federal laws all of the other states seem to have similar if not harsher laws where the Federal laws are concerned. And Colorado has become one of the first states to legalize the use of Marijuana for recreational purposes.
2. What is the purpose of anti-drug legislation in relation to public order crime? In drug cases police usually do not have victims on whom to rely. Not only are there no complaints, but everyone involved conspires to conceal the crime from law enforcement. As a result most illicit drug offenses go entirely undetected; the percentage of violations which result in arrest are extremely low. Often time Narcotics officers at the federal, state, and local levels work undercover and may become participants in aspects of the offense in order to gather sufficient evidence to prove a crime has been committed. Legislation is there as a guideline penalize those who traffic, or manufacture narcotics. In a lot of urban areas there is still traces of the affect drugs like crack cocaine had on neighborhoods, and communities. As a result there was an increase of robberies, murders, unemployment and even broken homes. These laws had to be implemented to raise the penalty of those who choose to commit such acts.
References:
Maryland- Marijuana retrieved from www.mpg.org/states/maryland/an-overview-of-Marylands-medical-marijuana-law.pdf
(2014) Maryland Drug Possession Laws retrieved from www.drugpossessionlaws.com/maryland/
DUI retrieved from dui.drivinglaws.org/Maryland.php
Possession of a Controlled substance in Colorado www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/possession-controlled-substance-colorado
Michigan Legislature retrieved from www.legislature.mi.gov-333.7212
Michigan Legislature- Section 257.625 retrieved from www.legislature.mi.gov/doc.aspx?mcl-257-625
Colorado DUI/DWI Laws, Penalties, and Fines retrieved from www.dui.drivinglaws.org/colorado.php
