OffenseMarijuanaCocaineLSDCrackPossession0-30 days0-3 years0-2 years0-3 yearsPWID0-5 years0-15 years0-15 years0-15 yearsPWID ProximityPark/Playground School through College (within 1 mile)0-10 years0-10 years0-10 years0-10 yearsContraband – certain items cannot be leally imported or exported or possessed or furnished. Some things that are perfectly legal or some people but not for others.i.e. department of corrections – cash is contraband so are prescription drugs. Coffee is considered contraband as well as alcohol, cigarettes, cell phones.Sometimes even if a person is over 21 and you give them alcohol or drugs it can be a contraband drug.Furnishing drugs or alcohol to someone at the department of mental health is considered a felony. Someone that’s getting treatment for drugs or alcohol and you buy them a beer = felonyControlled substance cases – have to show possessionElements:Knowledge – knowing possession – you knew you had it and you knew what it was (cant prove knowledge if you didn’t know you had it on there)Intent – have to show intent to posses it (someone throwing something at you yelling “catch” and you catch it)Two Main types of possession:Actual possession – actual physical custody of an item.Constructive possession – don’t actually have it on you but you have dominion and the right to control it (drug dealers not having weed on them) (you have dominion and right to control your house even though you’re not in it at the moment because you control your own place/car…etc.).Possession with the intent to distribute – on drug cases. Have to show possession and intent to distribute. Jury decided whether its proven. The amount is the deciding factor.Can be inferred by prior distributions (you sold all those other times and you probably were intending to sell this time too).Can also be inferred by how the item is packaged (finding 8 dime bags of weed in your bag – looks like you’re intending to sell).Can be inferred by possession of other drugs – when they catch you and you have a little but of weed, Xanax, Adderall etc. (walking drug store, ready to sell)Can be inferred by the defendant’s statements – you’re stupid and say that it’s not yours but you’re holding it for someone else – bumps their charged up from mere possession to intent to distributeCannot be charged with being addicted to drugs – its not an action *Prima Facie of guilt – on its face or at first look it appears as though you are intending to distribute. Prima Facie is a level of proof – and it is a rebuttal presumption as well.1 ounce of marijuana is Prima Facie of intent to distribute1 gram of cocaine is Prima Facie of intent to distribute2 grains of heroine is “” of intent to distributeover 1 gram of crack is “” of intent to distributeRecidivism means to re-offend – if you’re a drug user you are more likely to re-offendAlcohol Related defenses – alcohol is a controlled substanceNot always a crime to posses alcohol or to be drunk but there are a lot of rules because it is a controlled substanceOpen Container – having liquor, beer, or wine where the seal or cap has been broken. Must be kept in the trunk or luggage compartment of a vehicle.Sale of Alcohol to Minors – any transfer of alcohol to minors falls under this. Transfer of beer or wine to a person under 21 is unlawful except:If it is furnished in connection with a religious serviceIf it is furnished by a spouse over the age of 21 and in their own homeIf it is furnished by a parent or guardian in their own homeThe age to purchase or consume alcohol is 21Offenses Against Morality and Decency:Try to enforce morals and to regulate moral conductBigamy – getting married while you are lawfully married to someone else.Exceptions – the husband or wife has been gone for 7 years and they one left behind does not know if they are alive or dead. However if you have any indication that they are alive, you still cant get married.Or if you got married before the age of consent – then you can walk away from that.Or if your spouse is sentenced to prison for life. You don’t even have to divorce them – you can just walk away and remarry someone.Or the marriage has already been annulled.Incest – prohibits sexual intercourse between persons within certain degrees of relationship.Female having sex with her mother is not legally incestPunishment = $500 or 1 yearCRJU 314 1nd Edition Lecture 10Outline of Last Lecture I. Statutory RapeOutline of Current Lecture II. ContrabandIII. Controlled Substance CasesIV. Types of Possession a. Actual Possessionb. Constructive Possessionc. Possession with the Intent to Distributed. Prima Facie of GuiltV. RecidivismVI. Alcohol Related Defensesa. Open Containerb. Sale of Alcohol to MinorsVII. Offenses Against Morality and Decencya. Bigamyb. IncestCurrent Lecture Offense Marijuana Cocaine LSD CrackPossession 0-30 days 0-3 years 0-2 years 0-3 yearsPWID 0-5 years 0-15 years 0-15 years 0-15 yearsPWID ProximityPark/Playground School through College (within 1 mile)0-10 years 0-10 years 0-10 years 0-10 yearsThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Contraband – certain items cannot be leally imported or exported or possessed or furnished. Some things that are perfectly legal or some people but not for others.- i.e. department of corrections – cash is contraband so are prescription drugs. Coffee is considered contraband as well as alcohol, cigarettes, cell phones. - Sometimes even if a person is over 21 and you give them alcohol or drugs it can be a contraband drug. - Furnishing drugs or alcohol to someone at the department of mental health is considered a felony. Someone that’s getting treatment for drugs or alcohol and you buy them a beer = felony Controlled substance cases – have to show possession- Elements:o Knowledge – knowing possession – you knew you had it and you knew what it was (cant prove knowledge if you didn’t know you had it on there)o Intent – have to show intent to posses it (someone throwing something at you yelling “catch” and you catch it)- Two Main types of possession:o Actual possession – actual physical custody of an item. o Constructive possession – don’t actually have it on you but you have dominion and the right to control it (drug dealers not having weed on