Upstream | September 25, 2010 | 30 comments

Should a grandmother’s home be taken over a positive test for marijuana? (Updated) Examiner.com

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I decided to include the full story here to clarify some confusion by readers. Please go to my link on Examiner and click follow to get future updates.

Marc Anthony Laquinn Buchanan, 27, was arrested Wednesday after testing positive for marijuana use, according to court records.

Buchanan was out on bond after being arrested in 2009. Buchanan's grandmother had posted the $50,000 property bond.


Buchanan is awaiting trial on charges of attempted murder, first-degree assault, fleeing and evading police, possession of a handgun by a convicted felon, possession of a controlled substance and tampering with physical evidence. These charges stem from an incident where Buchanan is accused of shooting and causing "serious physical injury" to Officer Nicholas Whitcomb during a footchase.

The Commonwealth Attorney's Office wants Judge Ishmael to revoke his bond. This would most likely lead to the loss of Buchanan's grandmother's home. Judge Ishmael has refused to do this and, I believe, rightly so.

Mr. Buchanan stands accused but is presumed innocent until proven guilty. I don't know all of the details of the case, however, bonds are set to make sure the accused show up for their court date. I believe the bond was appropriate and efficient. The comments left after the article posted on Kentucky.com tend to disagree. http://www.kentucky.com/2010/09/23/1447397/lexington-man-charged-in-officers.htm...

The issue at hand is the positive test for marijuana. Should a grandmother's home be taken because Buchanan tested positive for marijuana while awaiting pre-trial?

I could argue for days about mis-information regarding marijuana. However, I'll just point out that the last thing marijuana would do is make Buchanan violent or dangerous. I'll leave it up to the comments section to debate the pros and cons of marijuana and whether or not it should be legalized.

Judge Ishmael made the right decision by weighing the issues and making a calm, level-headed ruling. Buchanan knew the rules of his release, yes. Testing positive for marijuana was a violation of his release. However, did the marijuana make Buchanan dangerous or more likely to evade prosecution? No. Would justice be served by taking away the home of his grandmother? No. Would the judge be causing more pain, grief and heartache for the grandmother, family and friends of Buchanan by doing this? Yes.

I tend to be critical of the Lexington courtrooms and the legal community due to past and present experience. Today, I praise Judge Ishmael for realizing that sometimes rules and laws are not written in stone. Justice is best served with a touch of wisdom.

Thank you, Judge Ishmael, you've got my vote.
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30 comments // Should a grandmother’s home be taken over a positive test for marijuana? (Updated) Examiner.com

  • floydyboy
    • 0
      floydyboy  
    • They arrested him, he will show up in court. Should be the end of the story. They never should've let the scum bag out for less than half a mil anyway. He had an illegal gun & shot a cop!

    • 1 year ago
  • treewolf39
    • 0
      treewolf39  
    • Steal her house for pot smoke. Now that sounds like a prosecutor who is working for the cops. Bond is to keep him from running, nothing else. If that line is crossed it is akin to bribery or perhaps extortion is a better word. And WTF marijuana lasts up to a month in your system. He could still be positive from before the initial arrest.
      Good for the judge.

    • 1 year ago
  • RastusJr
    • +1
      RastusJr  
    • treewolf39:

      Correct.
      The bond is insurance to assure the convicted's appearance in court, not to refrain from any behavior except flight. Or at least, that is the answer for a just and prudent society. If in fact the purpose of a bond is to fund a statist amoral regeime with unearned gains, then yeah, take her home.

    • 1 year ago
  • MisterWizard
  • Sparky2U
    • +1
      Sparky2U  
    • All Granny has to do is ask the Judge to put the little SOB back in a damn jail cell
      and release her guarantee / bond signature. If she does not, then that will be her own problem.

    • 1 year ago
  • toastyguy11
  • toastyguy11
  • ezrierin
    • 0
      ezrierin  
    • This guy is a POS! Leave grandma alone, and do the old woman a giant favor and lock his ass up away from her, that way he will stop exploiting her love and grandma will no longer be his victim. The worst part is that once behind bars; this guy will still victimize her or abuse her with grief because he is behind bars. The lack of crazy-making around a close relative like her usually helps settle the mind of the abused relative as life goes on and the crazy-making stimulus is removed. However, there will probably never be a day where she can be free of her thoughts about him, and therefore not feel grief.

    • 1 year ago
  • Monkey_Films
  • pandaman2105
  • simall08
  • ayipis
    • -6
      ayipis  
    • the house is set against the bond so when this pot smoking piece of shit decides NOT TO SHOW up..they loose the lien..BUT again, since this pot smoking piece of shit cannot really STOP from being a loser and VIOLATES the condition of his release..

      then haul his ass back to jail...revoke the bond...

    • 1 year ago
  • UtopianSky
    • 0
      UtopianSky  
    • I do not understand- did the guy run?
      Is he not going to show up for trial?
      Then his grandmother lost her money.
      Sorry, but she gambled that her grandson gave a damn about her, and obviously he does not.
      The court is not to blame for the grandmother's naivete, or the guy's criminal neglect of her. Add that to the charges against him.

    • 1 year ago
  • Monkey_Films
    • +1
      Monkey_Films  
    • UtopianSky:

      His original charges are steep. However, while awaiting trial, he tested positive for marijuana. The Commonwealth Attorney wants his $50000 property bond revoked for the positive test. The Judge has refused to do this. I agree. I believe that's harsh for a positive marijuana test.

    • 1 year ago
  • Charles_Sommers
    • +2
      Charles_Sommers  
    • UtopianSky:

      If I read the article correctly the grandson has not run, if he does then sadly the grandmother should forfeit her home as per her agreement with the court when she posted a property bond. Just because he smoked pot shouldn't be that big of a deal if he still shows up for trial.

    • 1 year ago
  • nudist
  • Incredulous
    • +5
      Incredulous  
    • fuck these god damn marijuana laws and the imbeciles who keep trying to enforce them...at whatever ridiculous cost to society. When the hell are we going to collectively remove our heads from our own asses and realize you don't prosecute people for marijuana and call yourselves the home of the brave and the land of the free. Come on already Obama, this is one of the changes we voted for that is so far overdue there is NO EXCUSE for this sort of thing to still be going on. Do something already, at a Federal level, and enforce it! Step up and be the president...the last imbecile in there had no problem making laws that were unconstitutional. All we are asking you to do is get rid of the ones that are unconstitutional, and this bull shit has got to go.

    • 1 year ago
  • bailey78
    • +7
      bailey78  
    • Ok they should not take grandma's house they are just trying to manipulate the system so they get a house. They can revoke ones bond for the illegal activety but to take Grannys house is wrong. I know what the law says and that YOU DO LOSE YOU BOND if it is revoked. All I can say is if you can not afford to lose it don't put it up. i also believe that He is a punk ass little bitch for putting his grandma in this situation.

    • 1 year ago
  • addie340
    • +2
      addie340  
    • I am totally against Drug use, but this is ridiculous. Leave Grandma the hell out of this, send him to the slammer ! I doubt Grandma would know what pot was if she seen it or smelt it, I may be wrong, but until she test positive for drugs just let the woman be.

    • 1 year ago
  • Moops803
    • +3
      Moops803  
    • addie340:

      I agree. If he violated the pre-trail terms, he should await trial behind bars. The grandmother should not have her house taken. On another topic, I think marijuana laws and their implementation are a waste of time, money, resources, and humanity. But this guy broke the current law, so I understand him facing the consequences, but don't mess with grandma's house.

    • 1 year ago
  • themotivateddropout
    • +1
      themotivateddropout  
    • addie340:

      Drug use?
      That's not the issue.
      I think it's the charges of attempted murder, first-degree assault, fleeing and evading police, possession of a handgun by a convicted felon, and tampering with physical evidence that are the real issue here.
      The fact that they're threatening to revoke the bond for smoking weed is ridiculous, especially because they want to penalize the grandmother.

      And even if she tests positive for weed (not drugs) then there shouldn't be a problem either.
      But I suppose there would be...

    • 1 year ago
  • Incredulous
    • +1
      Incredulous  
    • themotivateddropout:

      "charges of attempted murder, first-degree assault, fleeing and evading police, possession of a handgun by a convicted felon, and tampering with physical evidence" are all the kinds of trumped up charges that crooked police departments file when things don't go their way.

      I had a friend in high school who was charged with attempted murder for driving his car down the street, not stopping because some imbecile cop was standing in the middle of the street, an imbecile cop who did not tell him to stop or even wave him over, but then fired his gun in the air after we drove past. I told my friend as I looked out over the back of the convertible, "I think he wants us to stop," and so we did. We all got hauled in to jail and my friend got charged with attempted murder because the cop tried to claim my friend tried to run him over. Dumb ass cop. The friend who was driving the car was the son of the Chief of Police. The other friend in the car with us was the Alderman's son. Both of their dad's were in a meeting with the governor at the time of this incident. Needless to say, their dads had to be called out of the meeting to come get them out of jail, my dad had to drive to the police station to pick me up. The cop got fired...those were the days when cops got fired for behaving like morons, now they give cops a commendation for pulling that kind of shit, and who knows what would have happened if these guys weren't the sons of the Chief of Police and an Alderman? My dad told me I needed to choose my friends better. I decided not to argue with my dad.

    • 1 year ago
  • themotivateddropout
    • +1
      themotivateddropout  
    • Incredulous:

      I've never heard of such blatant misuse of authority. I can't believe he fired his gun in the air to stop you. Probably one of the first times he shot it on the field. Thank God your friends had officers for fathers (especially the Chief of police) otherwise this cop might be making up charges to this day. Or maybe police were more quick to hold each other accountable for their mistakes back then. Either way, let's just hope he's a security guard at a strip mall somewhere.
      I don't see how the could have decorated that he took a shot at the officer, but this story is so full of holes I'm unsure what really happened. The remainder of the charges are essentially guarantee charges to pin on drug dealers who try to run.
      If you are right and this is just a trumped up charge to get their boy off and put another one in the system, my faith in humanity is officially cut in half.

    • 1 year ago
  • themotivateddropout
    • +7
      themotivateddropout  
    • It depresses me that I am from this state.

      This idiot should have a bigger bond than $50,000, but the fact that the Commonwealth Attorney's Office is trying to revoke the bond that the grandmother put up is unnecessary and quite frankly disgusting.
      They just see a pay day.

    • 1 year ago
  • Radical_Centrist
    • +5
      Radical_Centrist  
    • There MUST be more to this story. A bond does not insure against future criminal activity it INSURES your appearance at trial. Now if you test dirty they can revoke the bond and put you in jail, but you normally do not loose your collateral cause you are still GUARANTEED to appear for trial.

      This story has 52 views and 1 comment how is it ranked 12th?

    • 1 year ago
  • Monkey_Films
    • +1
      Monkey_Films  
    • Radical_Centrist:

      I have been falsely charged and then had the court dates shuffled just so they could revoke my bond in Lexington, Kentucky. They took my collateral. I've had bond revoked, stayed out of jail, and they kept the money in this town, too. This was for a case later dismissed due to an admission by the police that evidence had been altered. Rules and laws change with the Judge and the mood down here.

    • 1 year ago
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