COLUMN: “It’s just marijuana” is not a good defense
Let’s talk about your future career goals. You’re thinking, “What an odd way to start a column on legal issues.” However, the following, true story, will help clarify my opening sentence.
Fifteen years ago, I was an assistant district attorney in western Alaska. I practiced in the Eskimo village, Bethel. Up river in the much smaller village of Aniak, a teacher in the school was savagely attacked. The case came to me for screening and prosecution. Assault charges were filed and the case went to trial. While preparing for trial, defense counsel learned the victim, nearly 15 years earlier while attending college, had been convicted of possessing marijuana. Knowing the conviction would prevent him from getting a teaching job, the victim had not reported the conviction on his employment application.
Despite the victim’s dishonesty (during cross-examination, defense counsel had a field day with the victim’s omission), the defendant was convicted. However, because of the prior marijuana conviction, the school district terminated the victim’s teaching contract. He lost an $80,000-per-year job with great benefits and his retirement; all for a joint and a few laughs while he was in college.
So, let’s talk about marijuana. The use of this true story grew out of an experience with a USU student. Last year, a student, who had been charged with marijuana possession, came seeking legal advice. The student wanted to know what would happen, both in the short and long term. The long term was the real issue. Anyone can live through a weekend in jail. Anyone can scrape together the money to pay the fines, cost of probation and a few hours of counseling at Bear River Drug and Alcohol. The short term is the easy part of the problem.
The long term is, however, entirely another matter. Whether you believer it or not, the world is largely run by a bunch of generally conservative 40-, 50- and 60-year-olds. When I say “conservative,” I’m not talking about a bunch of over-the-top neo-conservative, church-going Republicans. Rather, the people I’m talking about are men and women who wear a shirt and tie to work and have the life experience (even if they used marijuana in their youth) to know they don’t want someone with a drug conviction working in their organization. There are liability issues. There are government contracts with provisos prohibiting hiring someone with a drug conviction. There are a host of reasons, perhaps unique to each employer, why you will not get a job with a marijuana conviction. The point is, a drug conviction, even though it’s “just marijuana,” (and you can’t believe how many times we hear a defendant use that phrase “it’s just marijuana” trying to explain to a judge why they broke the law) will seriously hamper your future career options. It may also impact your ability to get student loans.
Here’s a scenario. While in college, you use and get caught. You graduate and omit your conviction on your employment application. You get your dream job with a great salary. You buy the house you’ve dreamed about, you have two cars (with payments), and a credit card or two, but you’re making it and life couldn’t look better. Then someone in your company finds out about your conviction, and just like that, you’re terminated (just like my victim, the teacher, who was assaulted). Suddenly, you have all these financial obligations, but no income. Now, the prospect of finding new employment becomes very difficult. You broke the law. Everyone knows that possessing or using marijuana is against the law, but you thought you could get away with it. You rationalized that everyone does it. You thought, “It is no worse than alcohol.” You just wanted to have a good time; after all, your friends are telling you it’s a lot of fun.
The hard truth is a drug conviction, even for “just marijuana,” will impede your ability to finish your university experience. It will limit your career options. Of course, the choice is yours, but now you know, and you will make your decision knowing what consequences lurk in your future.
Bruce Ward works for the Cache County Attorney’s office. His office is on the third floor of the TSC and he is available to answer any questions about legal issues.