|
In Reply to: a question about the FBI posted by Non-puffer on April 12, 2005 at 12:49:39:
These are more own personal opinions and are not intended as legal advice.
First, I would say that there is no reason for him to divulge that information, that he uses cannabis, to any law enforcement officer. The only reason that would come up is if they investigated him. It's hard to say if they would do that or not, but I suppose it would depend on what information he was swearing to in an affidavit as to how much of a background check they would do, and whether that background check would reveal his cannabis use. If he's very discreet about it, they may not find out.
Also, a lot depends on where your friend lives and what his own personal concerns are. As for where he lives, I'm assuming that he is a U.S. citizen (it's a little more complicated if he's not). If your friend is concerned about getting arrested and charged for possession of cannabis, the likelihood and seriousness of that all depends on what state he is in. In some cities, police no longer bother arresting cannabis smokers, and I read just last week of a club in California that openly sells cannabis to non-medicinal users.
From what I'm able to gather, the law is enforced differently from state to state. Complicating matters is the fact that one of the major battles in the U.S. war on drugs is between the federal government and those states that wish to end the prohibition of cannabis. The U.S. Supreme Court is about to decide a case that on the surface is about medical cannabis, but at it's core is really about States' rights vis-a-vis the Federal government. So, if I were in California, for example, I may not be as concerned as if I were in a less tolerant state. Many people don't realize this, but parts of California are far more liberal when it comes to cannabis and are closer to the Amsterdam model than even the most liberal part of Canada. The same goes for other states such as Oregon and Alaska.
I suggest that a starting point is for your friend to determine what his state's laws are (the federal law is clear, cannabis whether medicinal or not is illegal), and to investigate what the range of penalities are for people convicted of possession of small amounts. In other words, do a risk assessment. Perhaps there would be no risk because the FBI might not be interested in "small potatoes" like that, and would only be interested in what information your friend has that would further their investigation into TF. Or there would be little risk if his state allows adults to possess small amounts.
The other part of the risk assessment your friend would probably want to do is related to any concerns about his cannabis use becoming public, even if he didn't face criminal charges. There could be all kinds of consequences related to his personal life, such as his family, his work or school, or any other kinds of associations he has that may not look kindly on his use of cannabis.
You didn't raise this issue, but when it comes to the credibility of his evidence, it is not lessened, in my opinion, because he uses cannabis recreationally. Cannabis is a far more benign drug than alcohol, and courts don't hesitate to accept evidence from people who drink alchohol. The fact that a witness may drink alcohol is almost never an issue unless that fact is directly related to their evidence.
I understand the concern you are expressing in your post, that it is unfair that anyone stepping forward with information about TF might themselves become the subject of an investigation. Those who do step forward should be aware of all the possible consequences, and then decide for themselves if the risks are acceptable or not.
One thing your friend might want to do is find a legal clinic where he can get advice that pertains to his state. Where I live,the Law Society has a referral service whereby they refer you to an appropriate lawyer who gives you 30 minutes of their time for $10.00. Another option is to look for a legal advocacy group that provides some kind of legal advice service.
