Kentucky’s New Drug Laws

A new law in Kentucky made headlines on March 25th, with some newspapers calling it “a cultural shift.” Comments on message boards suggested the new law was misguided, and that it actually created crime, rather than effectively addressing it. What was this new law?...

Pot Update: Proposed Legislation HB 507

In December of 2014, House Bill 507 was filed for consideration in the 84th Legislative Session. The long title of the bill, “An Act Relating to the Civil Penalty for Possession of Certain Small Amounts of Marihuana and An Exception to Prosecution for Possession of...

Cash Rules Everything Around Me, Part II

Forfeiture of Contraband, Part II   To answer when your seized property can be returned, it is useful to turn the question on its head and ask when can the State keep property that is has seized from the Accused?   When the State Can Keep the Property (i.e....

Cash Rules Everything Around Me

Forfeiture of Contraband, Part I   Suppose police execute a search warrant of your home, and find $3,500 cash tucked away in a dresser, along with a scale and individually bagged quantities of methamphetamine. Police seize the scale, the meth, and—to your surprise—the...

Manufacture/Delivery of a Controlled Substance

So far when I have written about drug charges, I have largely focused on the most common drug charge—“Possession of a controlled substance.” But, there is a separate offense detailed in the Health and Safety Code that makes it illegal to “knowingly manufacture,...

Drug Paraphernalia: when is a spoon just a spoon?

Sometimes, a spoon is just something to eat cereal with. At other times, a spoon is drug paraphernalia that will get you arrested and charged. What’s the difference? Can anything be drug paraphernalia?   “Possession of drug paraphernalia” is a Class C misdemeanor...