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Author Topic: Decriminalizing dope and dildos  (Read 707 times)

KBCraig

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Decriminalizing dope and dildos
« on: October 02, 2006, 08:35 PM NHFT »

Some folks argue for changing the drug laws to allow possession of "user amounts" of marijuana. Naturally, that brings up the question: if only "personal use amounts" of marijuana are legal, from where would users obtain their pot?

In an interesting analogy, Texas argues that they aren't infringing on private sexual practices by outlawing distribution of "obscene devices". Texas law makes it illegal to sell or distribute such items, and defines "distributor" as anyone who possesses six or more "obscene devices", even for personal use. (An "obscene device" is defined as one that, by shape and color, resembles human genitalia. Blue, red, purple, etc., are fine... talk about nonsensical laws!)

So while dildos are decriminalized, not many places are willing to risk a felony charge for selling them. And the Supreme Court is declining to hear the case.

http://apnews.myway.com/article/20061002/D8KGLUP00.html

Supreme Court Rejects Texas Sex-Toy Case

Oct 2, 2:49 PM (ET)

WASHINGTON (AP) - The Supreme Court refused Monday to consider whether a Texas law making it a crime to promote sex toys shaped like sexual organs is unconstitutional.

An adult bookstore employee in El Paso, Texas, sued the state after his arrest for showing two undercover officers a device shaped like a penis and telling the female officer the device would arouse and gratify her.

The employee, Ignacio Sergio Acosta, says a Texas law outlawing the manufacture, marketing or dissemination of an "obscene device" including those shaped like sex organs is unconstitutional because it prevents individuals from using such devices, violating their right to sexual privacy.

Colorado, Kansas and Louisiana have held such laws unconstitutional, while Georgia, Mississippi and Texas have upheld them, said Acosta's lawyer in urging the Supreme Court to take the case.

An El Paso County court granted Acosta's motion to dismiss a criminal complaint against him, but an appeals court reinstated it, saying the Texas law did not infringe on private sexual behavior.

The bar against promoting obscene devices has been found in other court cases not to infringe on a right to use obscene devices at home, the court of appeals for the Eighth District of Texas ruled.

Acosta also said the Texas law should be examined in light of a U.S. Supreme Court decision that struck down a Texas criminal law banning gay sex as an unconstitutional invasion of privacy.

The case is Ignacio Sergio Acosta v. state of Texas, 05-1574.
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error

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Re: Decriminalizing dope and dildos
« Reply #1 on: October 02, 2006, 10:55 PM NHFT »

Get out while the gettin's good....
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Spencer

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Re: Decriminalizing dope and dildos
« Reply #2 on: October 02, 2006, 11:17 PM NHFT »

When dildos are outlawed, only outlaws will have dildos.
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PowerPenguin

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Re: Decriminalizing dope and dildos
« Reply #3 on: October 03, 2006, 12:30 AM NHFT »

Yeah, and we all know how well anti-prostitution laws work right? 8-)
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Michael Fisher

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Re: Decriminalizing dope and dildos
« Reply #4 on: October 03, 2006, 12:52 AM NHFT »

Computers are obscene devices, too. Texas politicos are just trying to buy votes with that selective ban.
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