Andy Thibault

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Cool Justice
Reefer Madness At High Court
By ANDY THIBAULT, Columnist
Law Tribune Newspapers
April 4, 2005

'Perhaps Sullivan took the test cited by dissenting Justice Joette Katz.'

Is there something in the air at the highest levels of Connecticut's judiciary?

We had the secret cases for big shots who appear before friendly judges. Then came the special dress code for court employees. Now, we have the clincher: State Supreme Court Justice William "Tocco" Sullivan's assertion - without benefit of scientific proof or any evidence whatsoever - that raw marijuana is a health hazard.

Sullivan and a majority of the court have ruled that something which is unknown - the hazardous nature of raw marijuana - is common knowledge. That's news even for heavy marijuana consumers, nevermind the average juror.

Scientifically speaking, marijuana must be heated to activate the cannabanoids or THC. Without that process, the user will not get high.

Does The Tocco Man know something we don't know? Well, of course, he does. He's the chief justice. Joining him in this ludicrous ruling were Justices Richard Palmer, Christine Verfefeuille and Peter Zarella.

The case, State v. Padua, resulted in the reinstatement of a conviction for risk of injury to a minor. It overturned an Appellate Court ruling that the state failed to present expert testimony that being near marijuana was injurious to the health of a child. The law pertains to the health - not the morals - or a child.

The Supreme Court ruling - released March 21 - affirmed that a false or unproven assumption is OK. That's shocking and dangerous. It encourages police to over-charge on crimes erroneously.

"Common sense says you cannot get high eating raw marijuana," said attorney Richard Callahan, counsel for the defendant. "If no one is eating it raw, where is the common knowledge coming from?"

I could tell from Sullivan's decision that he had done a lot of research. Just how much is another matter. Like many things in the court system, it's a big secret.

Perhaps Sullivan took the test cited by dissenting Justice Joette Katz, who was joined by David Borden and Flemming Norcott Jr. I describe the test now, with just some minor variations.

Sullivan confirmed that eating 10 raw potatoes resulted in a toxic response. He had been skeptical of the disclaimer, from the Drug Enforcement Administration, that -- in strict medical terms -- marijuana is safer than many foods we commonly consume. Then, disoriented, Sullivan attempted to consume 1,500 pounds of raw marijuana in 15 minutes. This was to test a DEA assertion and determine whether the raw dinner would result in a form of auto-erotic death. That must have been when he wrote that actual evidence concerning the possible injurious effects of oral consumption of marijuana would not be necessary for the state to prove its case for risk to the health of a child.

Sullivan emerged from this experiment as Ganga Tocco.

"It gets stuck in your teeth if it's raw," Ganga Tocco said. "I would prefer it as tea."

Some might say that was the reefer talking. But, really, it was the potatoes. Thus, the appropriate moniker should be Potato Head Tocco.

Callahan, the defendant's lawyer, is preparing a motion for reconsideration. Maybe by the time the court receives the motion, another Justice or two will re-acquaint themselves with reality.

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