Allysan Isaac, 24, was held nearly a year in work release for something that a judge said Tuesday was not even illegal.
"You were incarcerated for a case that was not a crime," said Mesa County District Judge Brian Flynn, who presided over the case.
Flynn, the prosecutor and Isaac's defense attorney were unaware last year that the offense she was charged with was not a violation of the law.
No one had noticed that a prescription drug found in Isaac's possession, an anti-anxiety medication called Buspirone, is not a controlled substance.
District Attorney Pete Hautzinger said he had "no idea" why Isaac had been charged with and convicted of something that wasn't a crime.
The defense attorney who represented Isaac in the first case was also baffled. "I don't have an answer," assistant public defender John Burkey said. "Nobody caught it. The police were saying it was a controlled substance."
Get this one? Someone getting jail time for carrying around a prescription medication that is perfectly legal? And no one even checking to see if the drug actually was illegal to possess, even with a prescription?
Seriously, folks. The drug policy in this country is highly messed up. Between Allysan and Richard Paey alone, it's easy to see that.
There is a definate need to reassess the concept of the "War On Drugs" on all levels of society. When someone suffers from crippling pain gets 25 years just for getting his prescription filled and another gets tossed in jail for possessing a non-controlled substance, it's obviously gone wonky.
[Turn signal: Resurrection Song]