
Richard Grayson has a column in the Orlando Sentinel today (Saturday, February 17, 1996), ""It's '101 Dalmatians' vs. Woody Allen's Neurotics."













But court records regarding marijuana cases suggest there won't be any changes in the law because of December's hearing, said Richard Grayson, visiting assistant in law at the University of Florida's Center for Governmental Responsibility
"There have been a lot of constitutional challenges under the federal and state constitutions. Most of the challenges have been unavailing," Grayson said.
Past challenges have been based on a variety of arguments, including selective arrests, the right to privacy, religious beliefs, cruel and unusual punishment because of harsh drug laws, the lack of legislation regarding “drugs” such as alcohol and tobacco and the distinction between the use of marijuana and cocaine or heroin, Grayson said.
Grayson also noted that some drug cases have been overturned because there is a legal distinction between what occurs in the home and in public.
“Your home is your castle. You can do things there, like walk around without clothing. You can’t do that on the street.”
Watkins was charged by Gainesville Police last November for distribution and possession of marijuana after officers said he tossed marijuana cigarettes to the Hempfest crowd outside the courthouse.
“It doesn’t sound like you have much of a chance,” said Grayson about the defense’s position.
“We are hopeful we can get some favorable ruling,” said Watkins’ attorney, Gary Wainwright, about the upcoming trial.
The trial also gives marijuana supporters a chance to express their opinions to the public, Grayson said.
There is always a chance that something surprising will happen, Grayson said.
In 1978, a Florida circuit court found the state statute for private possession and use of marijuana unconstitutional following medical testimony showing the social effects of prohibition outweighed the social effects of decriminalization.
“There are all kinds of constitutional things if you have a creative attorney,” Grayson said.



We Won't Get Far Without Affirmative Action
To the Editor:
I agree with Andrew Sullivan's contention in "Let Affirmative Action Die" (Op-Ed, July 23) that the huge discrepancy between the scores of black and white candidates for admission to law schools is a result of the neglect of public education in the inner cities and not due to systemic racism on the part of law schools.
Mr. Sullivan is undoubtedly correct that the fundamental solution lies in tackling serious social problems, not in affirmative action policies. But even in a time of liberal ascendancy, such solutions would take years to produce results.
What are those who have been hobbled by what Jonathan Kozol has called "savage inequalities" supposed to do in the meantime?
Mr. Sullivan cites the University of Texas Law School, which would have admitted only nine black applicants to its 1992 entering class of 500 students on test scores alone. The other black students Texas admitted got in under a standard different from that of white applicants.
Yet I'm willing to bet that nearly all of the black students admitted in 1992 graduated three years later, and most will go on to successful legal careers. I don't see how locking out such students while we wait for the day when social and educational inequities are abolished will benefit a racially diverse society.
As a white male who last year graduated from a state law school that has made a serious effort to attract minority students, I feel I have benefited from affirmative action. Having a substantial number of nonwhite classmates and professors who could supply a different perspective from my own greatly enhanced my legal education.
Test scores should not always be the sole criteria for law school admission. My test scores would not have qualified me for admission to law school at the University of Florida, but I got in based on other factors -- such as experience in the business world, academia or the military -- under which a number of other white males were also admitted.
RICHARD GRAYSON
Gainesville, Fla., July 23, 1995
The writer is with the Center for Governmental Responsibility, University of
Florida College of Law.






