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Registered: 07/26/04
Posts: 13,985
Mom lets 18-month old smoke pot
    #3293594 - 10/29/04 02:11 PM (13 years, 7 months ago)

Woman accused of letting tot smoke pot

Brandi Nichols thought no one would believe that she had seen a toddler smoke marijuana, so she took pictures.

Nichols, of Gardiner, snapped photographs of her friend, Jessica Lynne Durham, as Durham held a bong while her toddler daughter smoked marijuana residue from it.
Nichols then turned in Durham and gave the photos to law enforcement.

Short trial
Those pictures, along with emotional testimony from Nichols, 33, were the focus of a one-day bench trial before U.S. District Judge Richard Cebull on Wednesday.

In an unusual proceeding, Durham, 23, pleaded not guilty Wednesday to a charge of distribution of marijuana to a person younger than 18 years of age. Two other counts in a superseding indictment were dismissed. Durham immediately proceeded to trial before Cebull.

If convicted, Durham faces up to 10 years in prison and a $250,000 fine. She has been released.

Cebull said he would consider written arguments to be filed by both sides and rule later. There is a legal question, he said, whether the case is distribution within the meaning of the statute.

"I haven't seen a case like this,'' he said.

The defense called no witnesses and sought an immediate acquittal after the government finished presenting its case. Federal defender Robin Hammond said there was an "absolute lack of scientific proof'' that marijuana was present in the bong.

The defense also suggested that the photographs could be of Durham taking away the bong rather than offering it to her 18-month old daughter, and that Nichols, an admitted marijuana user with a felony drug conviction, was not a credible witness.

Nichols was a key witness for prosecutors. Nichols testified that she and Durham, whom she had helped move to Montana in the fall of 2003, had smoked marijuana "a good handful'' of times at Durham's residence in Gardiner.

Durham, who was estranged from her husband, was moving to Washington with her mother in February, and she was helping her pack, Nichols testified.

On Feb. 3, Nichols said, she walked into Durham's residence, hugged Durham's 18-month-old daughter and sat on a couch. Next to the couch was a 2-foot high bong, or glass water pipe, "as tall as the baby,'' Nichols said.

Baby throws a fit
As the toddler ran for the bong, Nichols said, she tried to wave her away. "She threw the only fit I've ever seen her throw,'' she said.

Durham responded, "No, that's what she wants,'' Nichols said. Durham proceeded to light the pipe, drew smoke from marijuana residue into the glass and let her baby inhale the smoke, Nichols said. "She put her mouth on it and took a big hit,'' she said, on the verge of crying.

Nichols said she took a hit herself, Durham took a hit and gave another one to her baby. "I did get a buzz off of it,'' she said. "I didn't really know what to do. I went outside, and I got sick. I was freaking out.''

Nichols said she went home and told her boyfriend, Ed Winters, what had happened. Winters told her to go back with a camera because "nobody would believe us.''

Nichols returned to Durham's residence that night with Winters' digital camera and began taking random pictures. Durham, she said, suggested it would be "cool'' if they had pictures of the baby smoking a bong and that she wanted to send a picture to "High Times,'' a marijuana magazine.

Durham lit the residue, gave the bong to her daughter and Nichols took a picture, Nichols said. Durham asked if it was a good one, and Nichols said that she snapped it too soon. "She let me take another picture,'' Nichols said.

The second time, the baby put both hands on the glass pipe and her face over the bong, she said. The baby coughed and "smoke came out of her mouth,'' Nichols said.

The photographs
Assistant U.S. Attorney Marcia Hurd displayed a series of pictures taken by Nichols. One photograph showed a little girl in a pink Winnie the Pooh shirt and pants holding onto a bong with her hand and her face close to the top of the glass pipe. Durham is seated on a couch smiling and holding the pipe with one hand.

"This is the one she (Durham) wanted for herself,'' Nichols said. "She thought it was cool.''

When Nichols asked Durham why she let her daughter smoke marijuana, Durham answered it was because her baby wasn't eating or sleeping enough.

Nichols also said she herself took some hits in between taking the pictures and "was buzzed" when she left.

Nichols didn't try to stop the behavior because she knew Durham was leaving the state and would probably try to be more careful, she said. Through tears, Nichols said she still felt bad.

After Durham left the next day, Nichols said she called her former state probation officer, told her what had happened and e-mailed her the pictures. "I trusted her. I knew she'd do the right thing. She'd believe me,'' Nichols said.

Durham then called Nichols seeking help because she had broken down in Butte and had no money. Nichols telephoned the police and told them where Durham was so that the baby would be safe, she said.

Law officers arrested Durham in Butte and the toddler was placed in foster care. The toddler eventually was placed with relatives, another witness said.

A test of the baby's urine seven days after she allegedly smoked marijuana was negative for the drug's active ingredient, witnesses said.

Nichols said she has smoked marijuana thousands of times and that her mother got her started when she was 10.

Under questioning by federal defender Zachary Cain, Nichols denied that marijuana use had impaired her ability to think clearly.

Nichols admitted that she told law enforcement in a statement that she brought up the idea of taking a picture and that she though it would be cool. "But she (Durham) wanted me to take the picture,'' Nichols said.

Nichols also said she encouraged the toddler by saying "good baby, yeah.''

"This is going to sound really stupid - I wanted her to be comfortable. I wanted to get a picture,'' she said.

Nichols said she smoked, too, because not smoking would raise questions. "I figured I did what I had to do,'' she said. "If I had to get in trouble and go back on probation to make sure this would stop, I would.''

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Registered: 06/14/00
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Re: Mom lets 18-month old smoke pot [Re: veggie]
    #3293625 - 10/29/04 02:21 PM (13 years, 7 months ago)

Holy shit.

That's the single most irresponsible thing i have ever heard.

Fuckin amazing.

"..all those molecules thrashing their kinky little tails, hot for destiny and the street."  Gibson

Nuke baby seals for Jesus!

(This has been a +1 production.)

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OG shroomerite
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Re: Mom lets 18-month old smoke pot [Re: Randolph_Carter]
    #3293825 - 10/29/04 03:22 PM (13 years, 7 months ago)


Randolph Carter said:
Holy shit.

That's the single most irresponsible thing i have ever heard.

Fuckin amazing.

We are not human beings going through a temporary spiritual experience.

We are spiritual beings going through a temporary human experience.

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badger, badger,badger...
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Registered: 12/10/02
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Re: Mom lets 18-month old smoke pot [Re: Randolph_Carter]
    #3293837 - 10/29/04 03:25 PM (13 years, 7 months ago)

wow, just wow


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Juan Sánchez Villa-Lobo Ramírez
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Re: Mom lets 18-month old smoke pot [Re: veggie]
    #3294603 - 10/29/04 06:37 PM (13 years, 7 months ago)

Well seeing how the baby had no thc in the system proves the baby wasn't smoking, the friend sounds fucking looney, and the slut with the baby tried to rip her off or some other shit happened so she decided to convince ol girl to take pictures with the baby and bong blah blah yada yada whole lotta bs

We will also report to the NAACP and to Al Sharpton's entourage, how the Shroomery administrators allows their mods and members to be balatantly allowed the use of the 'N' word.

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Registered: 10/25/04
Posts: 3,140
Re: Mom lets 18-month old smoke pot [Re: Nemo_Hoes]
    #3295700 - 10/30/04 12:45 AM (13 years, 7 months ago)

a little marijauna smoke never hurt a tot  :rotfl:


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Folding@home Statistics
Registered: 06/16/04
Posts: 11,245
Loc: Cypress Creek
Re: Mom lets 18-month old smoke pot [Re: Super_Blunt]
    #3299297 - 10/31/04 12:43 AM (13 years, 7 months ago)

my mom got me stoned when i suckled from her mammary glands

no seriosly tho that story is kinda fucked up man.

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old hand

Registered: 02/14/04
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Re: Mom lets 18-month old smoke pot [Re: Nemo_Hoes]
    #3303129 - 11/01/04 01:44 AM (13 years, 7 months ago)


master_shake said:
Well seeing how the baby had no thc in the system proves the baby wasn't smoking,

It does not. 7 days is plenty of time for thc to wash out of the system so that it won't be detectable in the urine, even for many adults.

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Re: Mom lets 18-month old smoke pot [Re: phi1618]
    #3326578 - 11/06/04 03:04 AM (13 years, 7 months ago)

I've seen people do this before - it's disgusting, they even tried to convince me the kid was born addicted to pot.  But that kid sure loves skateboards, I wouldn't be surprised if he went pro one day. Still it's wrong to force anything potentially unhealthy on children. I support pot (this was another excuse the person used) and I almost could agree there's no harm in letting a child smoke it but if there's no need all you're really doing is harming their lungs. So ya I guess that ends my rant. The world is a sick and twisted place :nonono:


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Re: Mom lets 18-month old smoke pot [Re: veggie]
    #4493689 - 08/04/05 03:53 AM (12 years, 10 months ago)

Mom gets 5 years for giving child pot
August 4, 2005 - billingsgazette.com

Calling the crime "repugnant,'' a federal judge Wednesday sentenced a former Gardiner woman to five years in prison for encouraging her toddler daughter to smoke marijuana.

"Sixty months is an appropriate sentence in this case,'' Senior U.S. District Judge Jack Shanstrom told Jessica Lynne Durham, 24, currently of Washington.

U.S. District Judge Richard Cebull found Durham guilty in January of distributing marijuana to a person under the age of 18. Cebull's verdict came after a one-day trial on Oct. 27.

A key prosecution witness was Brandi Nichols, an admitted drug user who turned Durham in after taking photographs of her holding a water pipe while her 18-month-old daughter put her mouth over the top. The water pipe, called a bong, allows smoke to be drawn through water into a glass tube and inhaled.

Nichols gave law enforcement the photographs, which were admitted as evidence.

The incident occurred in February 2004 as Nichols was helping Durham move from Gardiner to Washington with her mother. Nichols testified that she entered Durham's residence, hugged the toddler and sat on the couch. On the floor next to the couch was a 2-foot-long bong.

Nichols said the toddler ran for the bong. When she tried to waive the toddler away, the child threw a fit.

Durham told Nichols that her daughter wanted the bong and proceeded to light the residue in the pipe. Durham sucked marijuana smoke into the pipe and gave the bong to her daughter, Nichols testified. "She (the toddler) put her mouth on it and took a big hit,'' she said.

Nichols then took a turn inhaling from the pipe, and Durham smoked again and gave her baby the pipe again. Nichols testified she got a buzz from the smoke, went outside and got sick. "I was freaking out,'' she said.

Nichols went home and talked to her boyfriend about what had happened. He told her to return with a camera and take pictures because "nobody would believe us,'' she said. Nichols went back to Durham's with a camera and took pictures.

Durham did not testify at trial, and the defense called no witnesses. She said nothing at her sentencing.

Federal defender Zachary Cain urged Shanstrom to sentence Durham to a year of probation with her conviction to be vacated if she successfully completed the term. He said the statute that applied dealt with personal-use quantities and that the maximum sentence by law was two years.

Cain further argued that no quantity of marijuana had been established and no tests were conducted on the residue. Tests on the child within days of the incident were negative for marijuana, he said.

Durham has been in drug treatment and has taken classes on domestic violence and parenting, Cain said.

Durham's daughter is in foster care, but Durham is working on getting her parental rights restored, Cain said.

Assistant U.S. Attorney Marcia Hurd said Durham deserved the maximum punishment, which in her interpretation of the law was 10 years in prison.

Durham admitted the offense to law enforcement officers and told them that smoking pot helped her daughter's appetite, Hurd said. Durham called her daughter "a little stoner,'' she said.

Shanstrom calculated a sentencing guideline range of 78 months to 97 months, which reflected enhancements because the child was very young and vulnerable. He then sentenced Durham to five years in prison.

"Jessica, this is a statute that is confusing, but I think punishment is necessary. The crime is one that is just repugnant,'' Shanstrom said. "You got a break to a certain extent.''

The judge allowed Durham to surrender to prison. She is appealing her case.

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Mr. I Eat Butthole
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Registered: 06/21/05
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Re: Mom lets 18-month old smoke pot [Re: veggie]
    #4497194 - 08/05/05 12:06 AM (12 years, 10 months ago)

i want to have sympathy for this one but i just cant.... if youre going to let your TODDLER take a hit, dont take a damn picture.


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