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Video: Pot brownies legal in Colorado could land Texas' Jacob Lavoro in jail for life

Categories: Marijuana

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For at least a year, polls have shown that a majority of Americans support marijuana legalization. Yet there remains an enormous disparity between the way cannabis is treated in Colorado and Washington, the two states that have legalized recreational weed sales in limited amounts, and the approach taken by the other 48.

A case in point involves Jacob Lavoro, a Texas nineteen-year-old who faces a possible life sentence for pot brownies that would be perfectly legal here if made by an adult.

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Our William Breathes, writing for Toke of the Town, Westword's pot-centric sister blog, reports that cops in the Texas community of Round Rock used "a legal loophole" to charge Lavoro with possessing and distributing 660 grams of hash, a felony that carries a penalty of five years to life -- "and all because Lavoro used hash oil instead of raw cannabis" in the recipe he deployed to whip up a tin of pot brownies.

Breathes explains: "According to Texas law, possession of even one gram of hash is considered to be much, much worse than possession of actual herb. Whereas you can have up to two ounces of herb in Texas and face misdemeanor charges and 180 days in jail, a single gram of hash is a felony with up to two years in the slammer. And in Lovoro's case, cops are charging with possession and distributing more than 400 grams -- even though he didn't have more than a few grams of hash oil to begin with."

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Jacob Lavoro.
Enter the loophole: The 660 gram measurement is based on the overall weight of the brownies. Never mind that the other ingredients used to make them -- including eggs, milk and brownie mix -- are available in your friendly neighborhood supermarket.

"I was outraged," Jack Holmes, Lavoro's attorney, said of first learning of the charges against his client. "I've been doing this 22 years as a lawyer and I've got ten years as a police officer and I've never seen anything like this before."

Jamie Spencer, legal counsel for Texas NORML, is similarly appalled. In an interview withTexas' KEYE-TV, Spencer said, "This case is the perfect example of the insanity of Texas' drug laws, especially when it comes to marijuana or anything where the active ingredient it THC."

Incidents like this one are likely to persuade even more people nationwide that the Colorado model is worth trying.

Granted, the average Colorado nineteen-year-old would be breaking the law by making pot brownies, too, since marijuana-product possession is only legal for those 21 and above. But if a local teen was prosecuted for such an offense, the result would be a relative wrist slap, not the prospect of spending a considerable stretch -- and perhaps a lifetime -- behind bars.

Here's the KEYE-TV report.

Send your story tips to the author, Michael Roberts.

More from our Marijuana archive circa April 2013: "Marijuana poll: Majority of Americans support legalization, oppose federal interference."

My Voice Nation Help
104 comments
muhutdafuga
muhutdafuga topcommenter

This is just the conservative view of freedom.  They just love the nanny state.

Wes Youknowme
Wes Youknowme

Those state attorneys should be hung. What a criminal act to charge brownie mix as part of the weight..too much control over all the sheeple. Down with controlling governments

Scott Miles
Scott Miles

The only thing that comes from Texas are 3 day old turds. You would need to google all day to find one thing redeeming from Tx. Let's sell it to Mexico.

Chelsie Pamela
Chelsie Pamela

Ty Baron "about the article" Thank you for letting me know... As for you at least im not just trollong to try and make someone unhappy. As you can see im a gorgeouse intelligent woman regardless of what you say... You are a troll. Need I say more? ;-) Thought so...

Ty Baron
Ty Baron

"...Aim for the attention span of kindergardner and have something to say about the about..." Yeah you're rolling in braincells haha.

Briana Wilson Ballinger
Briana Wilson Ballinger

You guys, that kind of name calling doesn't prove your point. It just makes you look ignorant. Chelsie Pamela I am a "pot head" who has had my life changed by this plant. Please do some research and get the reefer madness idea out of your head. And ignore those guys. They are a terrible representation of cannabis users.

Greg Howard
Greg Howard

Know the law before you put yourself in prison. I don't agree with the life sentence, but he is an idiot.

Chelsie Pamela
Chelsie Pamela

Good thing you don't have anything intelligent or truthful to say Jeff Fa Fa Martinez...We might all think pot heads are smart or something. Nope just another angry potty ;-)

Chelsie Pamela
Chelsie Pamela

Oh good another person who had nothing to say but act like a child. Do you see me? Im gorgeouse at any size. But you can go ahead... Just another angry pot head. Typical.

Jeff Fa Fa Martinez
Jeff Fa Fa Martinez

Good thing you don't smoke Chelsie, looks like you might get the mega munchies :D

Chelsie Pamela
Chelsie Pamela

Ty Baron. You can't fix ugly honey. Thanks for attempting to make someone care about your oppinion though. How about we try to aim for an attention span of a kindergardner and have something to say about the about rather than childishly attack someone because you lack the intelligence to do anything else? MJ does kill brain cells so I'll make an exception in your case. Go ahead avoid this confrontation by smoking a bowl sweets ;-)

Joax Tex
Joax Tex

Pinches ojetes, pero la ley es la ley. Apuesto que saldrá antes! Animo Animo!

Ty Baron
Ty Baron

Hmm...Looks like too many Big Macs for you there Chelsie.

Dane Petrovic
Dane Petrovic

Don't knock on MJ. It's proven to be more beneficial then alcohol could ever be.

Lisa Bryant
Lisa Bryant

Sickening. How sad. I hope it works out for him. I prefer to put violent people behind bars instead of wasting space on this type of bs

Chelsie Pamela
Chelsie Pamela

Bradley Crable.... really, how old are we sugar? I'm the most beautiful cow you've ever seen I bet! It's proven maryjane makes people slow so I will make an exception for YOU ;-) OOPS, too many big words there for ya?

Chelsie Pamela
Chelsie Pamela

Some "pot heads" are getting upset, go smoke a bowl and avoid it ;-)

Jessica Gonzalez
Jessica Gonzalez

Well thanks for taking the time to jump on the feed... lol if only someone would waste their time on yours...

Jon Giron
Jon Giron

Thank God for that...I would dread having to hear you speak. I can't even fathom how awful that would be. Lol bye now. :)

Ryan Davis
Ryan Davis

Forget locking people up for life after actually causing harm to others. We're talking about a place with extremely violent, bigoted and ignorant people.

Jon Giron
Jon Giron

Since you'd prefer to go off topic, Do you honestly believe hash oil is coming from "mexican illegal drug kings" ...?? Fail, Michelle, fail.

A-stitch Saves Minds
A-stitch Saves Minds

While that kid goes free for killing 4 people in Texas .. Affluence syndrome was it? This is a total waste of time & a fucked up system.

Jon Giron
Jon Giron

I take it you watch Fox News religiously too..?? Hehehe sheeple

Jon Giron
Jon Giron

Once again, I LOL at you with your continuous stupidity. You're a taxpayer aren't you? Lol you just made yourself look like even more of an imbecile. Know the difference between your and you're before you speak again, please.

Kert Hubin
Kert Hubin

That's because Texas is a shit hole that should be swallowed up in a vortex to hell.

Robert Tolbert
Robert Tolbert

People have gotten away with murder and they want to give life to give life to someone over a plant

Martin Aero Martinez
Martin Aero Martinez

Dam that's fucked up because this guy in one of my classes (Level 2 education) told the class he manufactured and distributed meth and just got 2 years!? Wtf

Vance Harper
Vance Harper

Actually You can marry your cousin in Colorado! Sick!

Shea Estes
Shea Estes

I hope someday Jessica gets pulled over for not coming to a complete stop at a stop sign, where there's pedestrian waiting to cross and the cops find a loophole to charge her with attempted murder.

D.j. Prince
D.j. Prince

to be even more fair, nailing your cousin is raunchy and hash brownies are tasty : ]

Charles Buckley
Charles Buckley

Here's a pro tip, dont smoke pot in a state where it's illegal.

Jessica Gonzalez
Jessica Gonzalez

And comparing weed to meth is ridiculous... the kid is an idiot plain and simple.. if you think otherwise than your just as stupid...

Jessica Gonzalez
Jessica Gonzalez

Seriously... I meant use weed responsibly... if you don't then have fun in jail...end of story..

Michelle Morley
Michelle Morley

Ok jon , well number one if hash oil is illegal , Its Illegal !! And #2 texas has had a butt lode of mexican illegal drug kings, lords, whatever you want to call them killing ranchers on there property for the past few years. This all because of drugs!! So is that fair?

Stephanie Romero
Stephanie Romero

You have to eat brownies not smoke it. And I hope you never slip up and they find a loop hole to lock up you stuck ass in prison for life. I don't care for the pot law but jeez, it's not like he was selling meth.

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