[pct-l] Criminal Laws (Re: smoking on the trail)

[Dan Jacobs]

I believe s little bit of clarification is in order on the topic of
federal, state, and local criminal laws, enforcement, etc. A little
ignorance and misinformation can go a long way, but why should we let
it? ;-)

State laws can be applied throughout a state.

Federal laws can be applied throughout the country.

Local laws (other than the ones above) can be applied only within the
jurisdictions they are applied to. These things are often complicated,
hard to find, harder to read, still harder to understand, but can
still bite you in the ass, even when you think you have no more ass to
bite. Trust me, they'll find some, even if you try to hide ass. They
can bring in an ass sniffing dog. They'll find it.

Federal laws can be enforced by any duly sworn law enforcement officer
that might want to do so. This does not mean that the regional federal
prosecutors office wants to play ball with the charges. Federal LEO's
are guaranteed to play ball with their prosecutor's office, but this
still is no guarantee of going to trial. Some things are trivial
enough (like misdemeanor possession of MJ) in some areas of the
country that being caught in possession doesn't mean that anything
will legally happen to a person. Remember, the Obama administration
has advised the federal agencies to not go after marijuana in certain
cases. Of course, all things being localized, your proverbial mileage
may vary. There are too many factors that apply to mention in this
missive. Depending on the offense, upon arrest you may go to jail, you
may be cited into court, or you may just sit and wait wondering if
they will ever get around to bringing you to court to face the
charges, or the music. I hate federal music. Charges, though, are
worse, and having a choice (which I never have had before, but I
remain ever hopeful!), I'll pick music. As long as it has a nice beat.
I'd even pick The Ring Cycle over criminal charges, but that is
something I'd have to work out if ever charged with a federal crime.

(Short story: No fun at all.)

State laws are a completely different critter. If a duly sworn LEO can
cite  a person into the court of jurisdiction for where the offense
took place, it doesn't matter what uniform they are wearing, if any at
all. If you have committed a felony, that officer is bound by law to
arrest you and present you before a judge (usually this means you go
to jail until arraignment, and you might even be released from jail,
again, depending on many factors.) Jail isn't any fun at all. They
usually suck out loud, and keep sucking until you are long gone. Don't
get caught in the suck of the vacuous vacuum of those places places.

(Short story: No fun at all.)

Misdemeanors are usually an officer's discretion kind of thing. Hey,
you got caught, maybe you are a bad person, but maybe the LEO is
getting off work soon, and just doesn't want to deal with the problem.
Maybe they feel good today, you're a decent person, and you've been
polite, apologetic, sincere, and maybe even offered them their
favorite donut (how you knew this ahead of time to have this
particular donut on the trail I have no idea, but you could make a lot
of money writing "a trail guide to LEO donuts, what to bring with you
when you may have to deal with The Man on your trek!") Anyways, you
get the point. In these kinds of cases, the officer may just give you
a stern look, and tell you to have a nice day.

(Short story: Not bad, but you should know it doesn't always end this way.)

Or not. You might get Officer Grumpy after a bad night's sleep and he
had to change his tire in the mud and his lunch made him feel ill. He
might just be in the mood to hook you up, drive to town, book you into
jail, and go to Burgerville for a Timber Joey milk shake and to flirt
with the girl at the cash register. This could involve being many many
miles from the trail, paying bail to get out of jail, an unreasonable
court date that you have to come back for, etc., ad infinitum, ad
nauseum, just add nausea and multiply by infinity. In other words,
possibly the end of your journey, and maybe some of your present and
future finances and time.

(Short story: No fun at all.)

Some states have interstate compacts that allow them to "operate" (a
term that is used loosley here, as the conditions of "operate" will
vary depending on the terms used in the agreement itself) over the
borders of (usually) adjoining states. For example, Washington and
Oregon have an Interstate Compact that allows the pursuit of fleeing
criminals into the adjoining state, and a few other details that don't
really matter much here, but you get the idea.

(Short story: Just because you have crossed a state line doesn't
always mean you are scott free, but it helps to have a free scott
around in case you need him or her. Besides, it's fun to try to leanr
a new language.)

So there you have it, boys, girls, and people of other more prudent
but equally less thoughtful ages. In the context of a little MJ, one
could find themselves in a heap o' trouble, or none at all. The magic
is not knowing what you'll run into. So, hike your own hike, harm no
one, help those that need it, and sleep well, whether in the woods,
your home, or the gray bar hotel (which to some people is more homey
than home).

Channeling a little FUNNYBONE! today,
Dan Jacobs, ex-deputy extra-ordinaire and all around (really round if
you know what I mean!) great guy, really!!!
Washougal
-- 
"Loud motorcycle stereos save lives."
Motorcycle to hike, hike to motorcycle.
Make a friend of pain and you'll never be alone.