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Stanhope Jail

A brief Myspace update at 3am today on Doug Stanhope’s Myspace profile seems to put his present location in a Brazilian jail on drug charges.

Details are sketchy but the site administrator is asking for any expertise to be thrown his way.

The law in Brazil is a funny one when it comes to possession. In 2008, possession for personal use was effectively depenalized according to this article:

The most interesting line is this one:

In his opinion in the case, Judge José Henrique Rodrigues Torres said the law criminalizing drug possession for personal use was invalid because it violated the constitutional principles of harm (there is no harm to third parties), privacy (it is a personal choice), and equality (possessing alcohol is not a crime). “One cannot admit any state intervention, mainly repressive and of penal character, in the realm of personal choice, especially when it comes to legislating morality,” he said.

The ruling applies only to Lopes, but can be used as a precedent in other court proceedings. There is no word yet on whether the Brazilian government will appeal.

The ruling comes nearly two years after Brazil changed its drug laws to depenalize — but not decriminalize — drug possession for personal use. Under that law, drug possession is still a criminal offense, but penalties are limited to fines, fees, education, and community service.

Anyone with connections, expertise or any sage advice should get in touch with his street team at ASAP.

Well here’s to hoping he gets out. Partly because nobody decent should be in prison.

And mostly because I’ve got non-refundable tickets.

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