Brooklyn Supreme Court Justice Gustin Reichbach’s pro-medical marijuana op-ed piece, while limited to advocating for the legalization of medical marijuana to help those seriously ill deal with their debilitating illnesses (NYLJ, May 21), underscores the inherent difficulties of defining an act as criminal in only some circumstances and only by some people.
As a practical result, it appears that prosecutors across the state will now have to tailor their arguments in any case involving reasonably limited quantities of marijuana to address the social policy aspect of using the drug raised by Justice Reichbach, and whether such use should be punished criminally.
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