Suetaz

Pa. Judge's Marijuana Decisions Reversed

By MARK SCOLFORO, Associated Press Writer | Yahoo! News | July 21, 2004

HARRISBURG, Pa. - The state Superior Court has reversed a judge's blanket policy of dismissing minor marijuana possession cases because he believes the charges are too insignificant to merit prosecution.

In a pair of decisions filed Wednesday, a three-judge panel sent back to Philadelphia Common Pleas Court two juvenile cases that Judge Robert J. Rebstock had dismissed. They will be assigned to a different judge.

[Suetaznote: For one smart judge there are three dumber ones that can't see that prohibition doesn't work, especially with teenagers. They also don't have a problem with wasting court time and money dealing with something that would be best left to a counselor rather than a court of law. Of course, this is in the state that prosecuted Tommy Chong. Pennsylvania is one of the two states that has the paraphernalia laws. They already wasted a lot of time and money on that case.]

"Not only did the trial judge fail to consider the protection of the public, he gave no consideration to (the defendant's) individual need for treatment, supervision, rehabilitation or welfare. The trial judge is taking a 'one-size-fits-all' approach," wrote Superior Court Judge Debra M. Todd.

In a December 2002 case, the defendant possessed less than a gram of marijuana, worth $20. In the other case, the defendant was charged in September 2002 with possession of marijuana but lab tests showed cocaine was also present. Both were 16-year-old boys.

In one instance, the judge told the court: "Little bags of marijuana, I'm not trying those cases."

Cathie Abookire, spokeswoman for the Philadelphia District Attorney's Office, said Wednesday that prosecutors were gratified by the appellate ruling and said they believed there was no basis for Rebstock's decisions.

"It has been and remains illegal for juveniles to possess marijuana," she said.

Rebstock did not immediately return a phone message.


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Superior Court rulings:

http://www.courts.state.pa.us/OpPost.../A07014_04.pdf

http://www.courts.state.pa.us/OpPost.../A07015_04.pdf

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