I know this is a bit of a 'libertarian fantasy', but I think the constitution ought to be amended to contain something like the following:
1) No person shall be subject to any criminal penalty exceeding one year of incarceration or $300 in fines for any non violent offense relating solely to the possession, sales, distribution, manufacture, or purchase of an intoxicating substance.
2) The purpose of this article is to limit the scope of criminal penalties that may be applied to "non violent drug offenders". It's provisions shall be interpreted with such intent in mind.
3) This article applies to all jurisdictions with the Several States, the United States, and any territories or possessions thereof
4) Any forfeiture of assets resulting from the conviction of a "non violent drug crime" must be limited to:
a) The intoxicating substances constituting the "core element of the crime"
b) Any asset materially and predominantly used for the manufacture, production, and possession of such substances.
Provided that such seized assets do not also have reasonable, fundamental, predominant, and legally authorized uses. In such case any seizure must be subject to the provisions of "eminent domain".
5) Congress, or the states, acting within the provisions otherwise authorized by this constitution, may adopt measures to ensure assets actually used in the commission of a "non violent drug crime", when not seized in accordance with this constitution, are only used in accordance to lawfully authorized purchases.
> for any non violent offense relating solely to the possession, sales, distribution, manufacture, or purchase of an intoxicating substance.
I find it somewhat ridiculous as a species we even consider writing into the absolute law of the land anything to do with growing or selling plants that aren't fatally toxic. And even then, you don't need to say "don't sell toxic plants" you just need to say "don't hurt or kill other people with toxic plants". Or in general.
And the point is the general - don't be specific to intoxicating substance. Better yet, ask why the fuck someone is in jail without committing some violence. Implicit to a crime being nonviolent means all parties engaged (including those unknowingly, because committing fraud can still be a felony because you are harming the unknowing parties you actively lie to and deceive to benefit from).
If all parties are privy to something, you really need to sit back and ask why the hell you are throwing people in jail for participating it. If there are no losers without bringing police and prison sentencing into the picture, you are probably doing it wrong.
But I really hope something like this isn't worthy of a constitutional amendment. If anything, you should seek out and fix the direct empowerment in said document that enables rampant abuses of the legal system like this in the first place. Or you need to ask how the hell enough of a majority of your citizenry support it that may call into question the functioning of democracy, because if there is nothing wrong with the system then the people are to blame.
I know this is a bit of a 'libertarian fantasy', but I think the constitution ought to be amended to contain something like the following:
1) No person shall be subject to any criminal penalty exceeding one year of incarceration or $300 in fines for any non violent offense relating solely to the possession, sales, distribution, manufacture, or purchase of an intoxicating substance.
2) The purpose of this article is to limit the scope of criminal penalties that may be applied to "non violent drug offenders". It's provisions shall be interpreted with such intent in mind.
3) This article applies to all jurisdictions with the Several States, the United States, and any territories or possessions thereof
4) Any forfeiture of assets resulting from the conviction of a "non violent drug crime" must be limited to:
a) The intoxicating substances constituting the "core element of the crime"
b) Any asset materially and predominantly used for the manufacture, production, and possession of such substances.
Provided that such seized assets do not also have reasonable, fundamental, predominant, and legally authorized uses. In such case any seizure must be subject to the provisions of "eminent domain".
5) Congress, or the states, acting within the provisions otherwise authorized by this constitution, may adopt measures to ensure assets actually used in the commission of a "non violent drug crime", when not seized in accordance with this constitution, are only used in accordance to lawfully authorized purchases.