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Possible Jail Time for Selling Pot Brownies?

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Photo by bochalla via Flickr

Photo by bochalla via Flickr
US Senator Dianne Feinstein’s bill to increase punishment for marketing drug candy to children passed the Senate last week and is now in the House.

Current law makes it illegal to sell drugs to anyone under the age of 21, but Feinstein goes one step further and wishes to double the punishment -- or triple if the crime is repeated -- for anyone who markets these candy flavored drugs.

But like most laws regarding drugs, the controversy and rebuttal comes in the form of medical marijuana. People are concerned about the legitimate cases where sick persons truly do need their pot brownies.

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In her public statements Senator Feinstein focuses mainly on candy flavored methamphetamine (meth) and how their products are designed specifically to attract children and minors, but according to the bill’s descriptions pot brownies would fall under the category of “modified by flavoring”.

The bill states that actual distribution to a minor must be proven in order for punishment to be enforced. But if it is it could result with at least one year in jail.

The most vocal opposition to such a bill is the Students for Sensible Drug Policy.

The group issued a statement saying, “Some medical marijuana users are so sick that they are unable to smoke their medicine and must eat it in baked goods or lozenges,” according to the Raw Story.

But the law does not prohibit a person from baking the pot brownies; it simply doubles the offenses if the product is being sold to minors.

“If you’re not selling drugs to kids, you don’t have anything to worry about,” said Gill Duran, spokesperson for Feinstein, according to Fox News.

The bill also states in a subparagraph that the law will not apply to any offense involving five grams or less of marijuana, according to the article.

This, however, can stir up its own problems with potential subjectivity in how to exactly determine how much marijuana was used in the preparation.

The bill currently sits in the House and has been referred to the House Energy and Commerce committee.

Director of Students for Sensible Drug Policy Aaron Houston says he doesn’t think the bill will advance through the House after fighting a similar bill in 2007.