Tag Archives: ultimate user

Cannabis Plant Is Lawful To Possess in Indiana!!!

 

The cops listen to the attorney at (out) law advice. Legal advice is outlaw advice.  Indiana statutes make it clear that it is lawful to possess the marijuana plant.

(22) Marijuana (7360)– Burns Ind. Code Ann. § 35-48-2-4 (under Schedule I control substance).

Let’s pretend the weed plant is the marijuana plant. An ultimate user under law is allowed to possess the weed plant.   As long as the person use the weed plant for their personal use and not for sale, the ultimate user law protect them.

(e) The following persons need not register and may lawfully possess controlled substances under this article:

(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent’s or employee’s business or employment.
(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.
(3) An ultimate user or a person in possession of any controlled substance under a lawful order of a practitioner or in lawful possession of a schedule V substance.”–  Burns Ind. Code Ann. § 35-48-3-3

“Ultimate user” means a person who lawfully possesses a controlled substance for the person’s own use, for the use of a member of the person’s household, or for administering to an animal owned by the person or by a member of the person’s household.” -Burns Ind. Code Ann. § 35-48-1-27

The ultimate user doesn’t need a prescription.  No where in statute it state that the ultimate user needs a prescription to possess a control substance. The pharmacist needs a prescription to possess a control substance.  The pharmacist is the one acting in the course of their professional practice.

The definition of marijuana make it clear that the mature stalk is exempt  The marijuana bud is not a control substance under statutes.

“(a) “Marijuana” means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
(b) The term does not include:
(1) the mature stalks of the plant;
(2) fiber produced from the stalks;
(3) oil or cake made from the seeds of the plant;
(4) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom);
(5) the sterilized seed of the plant which is incapable of germination;
(6) hemp (as defined by IC 15-15-13-6);
(7) low THC hemp extract; or
(8) smokable hemp.” -Burns Ind. Code Ann. § 35-48-1-19

The possession statutes applies to testing or verification. Florida statutes define possession as temporary possession for the purpose of testing or verification. Testing or verifying marijuana for the purpose of sale is what the possession statutes applies to.

““Possession” includes temporary possession for the purpose of verification or testing, irrespective of dominion or control.”– Florida Statutes 893.02

Mexican Black Tar Is Not Heroin!!!

Poppy Straws are bubs after mowing

 

The criminal prosecution of harvesting raw sap from poppy or possession of Mexican Black Tar  is caused by misapplying the statutes. . What happen is the cops don’t study the statutes and they misapply the statutes on the people. The legal system take advantage of the people who are illiterate or ignorant.

Indiana statutes exempt the harvesting the raw sap from poppy and the Isoquinoline from the control substance law

“Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical to any of the substances referred to in subdivision (1) of this definition, but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw. “Burns Ind. Code Ann. § 35-48-1-20

“Poppy straw” means any part, except the seeds, of the opium poppy, after mowing.”Burns Ind. Code Ann. § 35-48-1-23

The narcotic drug is extraction from the poppy straw which are dried and mature poppy straws.  The mature poppy straw is cut down that why it state that it is after mowing.

Scoring the poppy and harvesting the sap is exempt under Indiana statutes.  When the poppy plant is growing, it doesn’t meet the definition of poppy straw.

Indiana statutes exempt the sap which contains isoquinoline alkaloid from classification as a narcotic drug.

The sap from the growing poppy bulb is not a narcotic drug.

The narcotic drug is the extract from the dry out poppy bub after cutting down (mowing).

If the poppy has not been mowed (cut down), the sap harvested from the bulb is not a control substance and not a narcotic.

Any molecule with the double carbon ring and the nitrogen on one of the ring belongs to the Isoquinoline group and it is exempt from the definition of narcotic drug.

The common words “heroin” doesn’t have the same definition with the statutory terms “heroin.”  The statutory terms means a poppy salt. A salt has an alkaline metal like potassium or sodium.

Heroin in Schedule I is actually poppy bath salt.  The “isomer” means the same chemical formula but the atom or atoms is arranged differently.

“(c) Opium derivatives. Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted by rule of the board or unless listed in another schedule, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:…… Heroin (9200)”
Burns Ind. Code Ann. § 35-48-2-4

The slang terms  “Mexican Black Tar, dope, H, smack, junk, horse, and brown,” which is Diacetylmorphine or acetomorphine is not a salt and doesn’t meet the statutory definition of heroin and schedule I control substance.

Indiana Statutes exempt the ultimate user or the mule (slang for drug carrier ) from possessing  Mexican Black Tar (slang for heroin).

An ultimate user doesn’t need a prescription. The prescription is for the pharmacist who is acting in the course of the professional practice.

“Ultimate user” means a person who lawfully possesses a controlled substance for the person’s own use, for the use of a member of the person’s household, or for administering to an animal owned by the person or by a member of the person’s household.”– 

Burns Ind. Code Ann. § 35-48-1-27

“(e) The following persons need not register and may lawfully possess controlled substances under this article:

(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent’s or employee’s business or employment.
(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.
(3) An ultimate user or a person in possession of any controlled substance under a lawful order of a practitioner or in lawful possession of a schedule V substance.”Burns Ind. Code Ann. § 35-48-3-3

The statutes apply to the pharmacist and not the ultimate user or the mule (slang for drug carrier).

The legal system is 180 degree to the statutes. The cops follow the legal advice and apply the statutes 180 out. They arrest the people for possession a substance that the statutes state it is exempt.