Former Hennepin County Judge Pamela Alexander handed down a ruling nearly twenty years ago that stated the 100:1 sentencing disparity between crack and powdered cocaine was racially biased. For her opinion she received death threats and was passed over on her nomination to a federal bench. Looking back—she has no regrets.

According to the Star Tribune, Alexander applauds Congress for their action but is “saddened” for all the people who have been sentenced under the biased law in the last twenty years. The ruling from Congress won’t be applied retroactively, which means that although the law has changed, those sentenced under the old law won’t see any adjustments in their sentences.

The new federal law takes the previous disparity and reduces it dramatically. However, it doesn’t completely eliminate it. The old law had one man convicted of possession of 1 gram of crack serving the same sentence as another man convicted of 100 grams of powder cocaine.

Now, that ratio is reduced from 100:1 to 18:1. Luckily, under Minnesota law, there is no disparity. Because of Alexander’s original ruling in 1991, the state Supreme Court upheld her decision and there has since been a 1:1 ratio when referring to state criminal cocaine charges.

Does this lack of crack-cocaine disparity mean you won’t face serious penalties if charged with an offense involving crack? No. Minnesota is still very tough on drug crimes, we just haven’t had the obviously biased crack law that the federal courts did.

First degree possession of crack or powdered cocaine can land you in prison for up to 30 years. This applies to situations where you were found in possession of more than 25 grams of the drug in question. 100 Kilos of marijuana will give you the same potential sentence.

Possession of drugs isn’t always the minor case people make it out to be. If you’re facing charges like these, you need the help of an assertive defense attorney, willing to go to work on your case, helping to ensure you get the best results possible.

Over the past several years, laws have tightened down on the ingredients used to make meth. Cold medicines must now be logged and the components needed to make a profitable meth lab are harder to come by overall. While it would be nice if meth left the state altogether, it seems Mexican made meth is a hot commodity in Minn.

Officials say there is a “constant, steady stream” of the meth coming in. So far, in 2010, they have seized 108 pounds. There was 74 pounds seized in all of 2009, showing a dramatic increase.

Meth is a highly addictive and still easily made drug. While meth labs in the area used to produce large amounts, the local meth labs are far more likely to be “shake and bake” or “one pot” methods that usually provide only enough for personal use.

Only 18 meth labs are said to have been found last year. In 2003 that number was 410.

According to Minneapolis Police Lieutenant Brad Sporny, meth is the #2 drug in the state, next to cocaine. This may be part of the reason it is penalized so severely. Both state and federal laws classify drugs by their dangerousness and propensity for addiction.

What you are charged with when found in possession of meth depends on how much you have. The classification for meth is the same as for heroin or cocaine. More than 25 grams will land you a serious 1^st degree possession charge, punishable by up to 30 years in prison.

Far more likely, however, is a 4^th or 5^th degree possession charge. These are qualified by less than 3 grams of meth but are still considered felonies and carry serious penalties.

If you are facing meth charges or any other drug charges, contact us to discuss the details of your case.

The dry weight of the meth without the paraphernalia was likely only enough for a 5th degree drug possession charge, with much smaller penalties. When meth is smoked in a bong, some of the active substance will mix with the water. The St Paul crime lab analyzed the water and it testing positive for methamphetamine.

The extreme penalty is a byproduct of the crude way that drug offenses are characterized by substance and quantity. The dissenting justices argued that the legislature did not intent for the “compound” to be water diluted with a controlled substance.

The Rice County Attorney agreed with the courts decision  in the case, and said it is not the courts decision to determine what controlled substances qualify as a crime.

If so, this crazy decision requires the legislature to make another pass and what it seriously intents the penalty to be for a minor drug possession charge.

—

Via balloon juice via talkleft via citypages.