JS Jolly article

[Waldo]

Jolly might get off on the codeine charge, but there is some other troubling info contained in the documents on the case:

JSO has an article by Ken Fountain that claims documents filed in the case show a urine test for Jolly that tested positive for marijuana on the night of his arrest. He tested negative for everything else, including the codeine.

If its Jolly first brush with this, he won't miss time. If he was already in the NFL Substance Abuse program, it could mean four games.

JSO Jolly followup by Ken Fountain - 7-17-09

...ah yes, but if he failed back then, he would have been suspended back then. Rodger doesn't wait on court cases to suspend in the case of failed drug tests.

[Rastak]

Jolly might get off on the codeine charge, but there is some other troubling info contained in the documents on the case:

JSO has an article by Ken Fountain that claims documents filed in the case show a urine test for Jolly that tested positive for marijuana on the night of his arrest. He tested negative for everything else, including the codeine.

If its Jolly first brush with this, he won't miss time. If he was already in the NFL Substance Abuse program, it could mean four games.

JSO Jolly followup by Ken Fountain - 7-17-09

...ah yes, but if he failed back then, he would have been suspended back then. Rodger doesn't wait on court cases to suspend in the case of failed drug tests.

Doesn't a first failed test put you in the program, but not suspend you?

I'm not 100% sure but I think you are wrong on that. This isn't the personal conduct policy, there is a strict policy in place with progressivly severe punishments.

[pbmax]

Jolly might get off on the codeine charge, but there is some other troubling info contained in the documents on the case:

JSO has an article by Ken Fountain that claims documents filed in the case show a urine test for Jolly that tested positive for marijuana on the night of his arrest. He tested negative for everything else, including the codeine.

If its Jolly first brush with this, he won't miss time. If he was already in the NFL Substance Abuse program, it could mean four games.

JSO Jolly followup by Ken Fountain - 7-17-09

...ah yes, but if he failed back then, he would have been suspended back then. Rodger doesn't wait on court cases to suspend in the case of failed drug tests.

He doesn't wait if it is THEIR drug test. Even then there is the appeal. But this is a criminal matter and he must wait as a matter of precedent and CBA. That has been the pattern. Although, to be entered in stage 1, a conviction is not necessary.

Its the Personal Conduct Policy, which does not cover drug offenses, that he has declared that he need not wait for a trial to conclude.

[pbmax]

Here is Florio's take on the difference between Jolly and Plaxico.

http://profootballtalk.nbcsports.com/2009/07/16/double-standard-for-burress-jolly/

[Willard]

Jolly might get off on the codeine charge, but there is some other troubling info contained in the documents on the case:

JSO has an article by Ken Fountain that claims documents filed in the case show a urine test for Jolly that tested positive for marijuana on the night of his arrest. He tested negative for everything else, including the codeine.

If its Jolly first brush with this, he won't miss time. If he was already in the NFL Substance Abuse program, it could mean four games.

JSO Jolly followup by Ken Fountain - 7-17-09

...ah yes, but if he failed back then, he would have been suspended back then. Rodger doesn't wait on court cases to suspend in the case of failed drug tests.

He doesn't wait if it is THEIR drug test. Even then there is the appeal. But this is a criminal matter and he must wait as a matter of precedent and CBA. That has been the pattern. Although, to be entered in stage 1, a conviction is not necessary.

Its the Personal Conduct Policy, which does not cover drug offenses, that he has declared that he need not wait for a trial to conclude.

I believe "excessive volume from car stereo" should be part of the Personal Conduct Policy.

[pbmax]

Jolly might get off on the codeine charge, but there is some other troubling info contained in the documents on the case:

JSO has an article by Ken Fountain that claims documents filed in the case show a urine test for Jolly that tested positive for marijuana on the night of his arrest. He tested negative for everything else, including the codeine.

If its Jolly first brush with this, he won't miss time. If he was already in the NFL Substance Abuse program, it could mean four games.

JSO Jolly followup by Ken Fountain - 7-17-09

...ah yes, but if he failed back then, he would have been suspended back then. Rodger doesn't wait on court cases to suspend in the case of failed drug tests.

He doesn't wait if it is THEIR drug test. Even then there is the appeal. But this is a criminal matter and he must wait as a matter of precedent and CBA. That has been the pattern. Although, to be entered in stage 1, a conviction is not necessary.

Its the Personal Conduct Policy, which does not cover drug offenses, that he has declared that he need not wait for a trial to conclude.

I believe "excessive volume from car stereo" should be part of the Personal Conduct Policy.

There is some confusion over that issue. Some accounts indicate that it was Jolly's car that was loud. The police report indicates something in the parking lot was loud. Their car might have been one of many, or had drawn notice to itself after police arrived to look after something else.

[Fritz]

As much as I enjoy intelligent conversation, sometimes it seems like you have to be a legal scholar to understand whether Jolly or the Williams men or Burress will be suspended or convicted or neither or both.

[vince]

Here's some clarification on Jolly's situation, should the prosecution follow through with their stated intent to refile. While the law in Texas was originally written for cocaine related situations and has some perhaps unintended consequences as it pertains to these "purple drank" situations, the general intent of the law is sound. Slamming "the lean" particularly when mixing it with other "effect enhancing" drugs (marijuana is one) is indeed a potentially dangerous activity.

http://hesgotallkindsoftime.blogspot.com/2009/07/is-jolly-facing-prosecution-for-having.html

First things first: I think the media has mixed-up the facts a bit. Jolly is not charged with possessing 200 grams of codeine---an insane amount equivalent to "a couple years worth for someone that has a serious pain disorder." Rather, Jolly is charged with possessing a 200 grams of a liquid that contains a very small (by orders of magnitude) fraction of codeine.

Under Texas law, a controlled substance includes "adulterants or dilutants" which are "any material that increases the bulk or quantity of a controlled substance, regardless of its effect on the chemical activity of the controlled substance." To convict Jolly, the prosecution must prove that he:

(1) possessed (2) a mixture containing not more than 200 milligrams of codeine and any of its salts per 100 milliliters and per 100 grams, that also (3) contains one or more nonnarcotic active medicinal ingredients (4) in sufficient proportion to confer on the mixture valuable medicinal qualities other than those possessed by the codeine alone, (5) weighing by aggregate weight, including any adulterants or dilutants, more than 200 grams and less than 400 grams.

Soda is considered an "adulterant."

The purpose of the adulterant rule appears to be to not let off the hook an unscrupulous drug dealer (are there "scrupulous" drug dealers?) that cuts his product with impurities. The bizarre consequence for these purple prosecutions is that (as best I can tell) the defendant is punished more severly based upon the amount of soda that he or she uses to dilute the cough syrup.

If you are on sitting on the front porch relaxing with 27.9 grams of cough syrup, the most you can be charged with is a Class B Misdemeanor (punishable by the still way too extreme six months in jail). If you mix that same cough syrup with 172.1 grams of Shasta, or Canada Dry, or Chocolate Milk you are committing a Second Degree Felony punishable by not less than 2 years in lockdown---and up to 20 years in the joint.

(Digusting factoid: rape is also a Second Degree Felony in Texas. That's right possessing cough syrup without a prescription is treated as harshly raping another person.)

But here is the apparent catch: the prosecution must prove that liquid contains one "or more nonnarcotic active medicinal ingredients [here: an anti-histamine called promethazine] in sufficient proportion to confer on the mixture valuable medicinal qualities other than those possessed by the codeine alone."

Thus, as the cough syrup becomes more and more diluted with soda, at some point the levels of promethazine will be so low as to no longer be "in sufficient proportion to confer on the mixture valuable medicinal qualities other than those possessed by the codeine alone." At that point, the liquid no longer meets the statutory definition.

So what is the deal with the prosecution dismissing the case to allow technicians to learn how to use a piece of equipment that can measure the amount of codeine in a liquid?

Harris County lost an appeal last last year in a case called Massie v. Texas because the prosecution could not prove the percentage of codeine or promenthazine in a soda bottle. The prosecution's theory was that the actual concentrations did not matter: all that mattered was that there was some amount of codeine and promenthazine in an Orange Crush concoction and that in total it exceeded the 200 gram threshold.

The Court of Appeals disagreed, holding that the prosecution must still present evidence that the concentration of codeine is less than 200mg/100 mL. In addition, the prosecution must present evidence that the promenthazine is present in sufficient quantity to "confer on the mixture valuable medicinal qualities."

I suspect (and this is an educated guess only) that as a result of this case and perhaps other similar cases, Harris County was forced to buy new equipment capable of measuring the quantity of codeine and promenthazine in a liquid. That is what the dismissal was all about.

In addition, the LD50 (i.e., the dosage that would kill 50% of those who consumed it) for codeine is 800 mg. 200 grams of codeine would be 250 times the dosage that would kill an average human being.

Jolly is not and was never charged with carrying around such an insane amount of codeine.

And regarding the potential dangers of what Jolly's crew was actually doing, there's this information... http://codeine.50g.com/info/codeine.html#dosage

The average person who has a cough would take 15-60 miligrams of codeine (mixed with syrup) every 4-6 hours.

The average "non-tolerant recreational user" takes about 200 miligrams of codeine to get the sought-after effects. But like all opiates, tolerance is built up, which requires increasing doses for effect. The drug also has cumulative negative effects on vital organ function and is mentally and physically addictive. While not scientifically proven, smoking marijuana before consuming "Lean" is thought to enhance the effects of codeine, and drinking carbonated beverages with the codeine increase the absorption rate of the drug.

The average human being would likely die from consuming 800 miligrams of codeine. That's as little as 10-15 times the amount you would take to suppress a cough.

Mixing codeine and carbonation with smoking dope (and other effect-increasing drugs) is just a bad idea on many different levels.

[KYPack]

A law which convicts a person for mixing an illegal substance and charge that person with the total quantity of the drink will be thrown out on it's statutory ass. There is no way in hell Texas will be able to keep this law on the books.

Jolly was given an "intent to distribute" charge based on the huge quantity of drugs he possessed. But he actually was just a user. The DA in Harris county is going to cost himself a law if he pursues this charge.

[pbmax]

Here's some clarification on Jolly's situation, should the prosecution follow through with their stated intent to refile. While the law in Texas was originally written for cocaine related situations and has some perhaps unintended consequences as it pertains to these "purple drank" situations, the general intent of the law is sound. Slamming "the lean" particularly when mixing it with other "effect enhancing" drugs (marijuana is one) is indeed a potentially dangerous activity.

http://hesgotallkindsoftime.blogspot...or-having.html

Well, on the plus side, that clears up the horrible and contradictory reporting from the Wisconsin end of the news cycle. On the downside, I need some codeine for the headache that post caused.

[hoosier]

Mixing codeine and carbonation with smoking dope (and other effect-increasing drugs) is just a bad idea on many different levels.

It may sound like a bad idea to you or me but the health risks don't carry much weight if you're just out there looking to get your jollies.

On a slightly more serious note, it seems pretty obvious right now that JJ's first Packer contract, which expires at the end of the 09 season, will also be his last. I wonder if he'll find much interest on the FA market as a DT after a year of being in the rotation as a substitute DE in the 3-4.