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Feb 20, 2003 to Feb 6, 2013

Part 2, Federal Marijuana Laws for Governor Phil Scott To Consider This Morning Before His Big Decision To Ignore, Sign or Veto The Marijuana Bill On His Desk!


Today we start off with Title 18 Criminal laws: explosives & marijuana; prisons & marijuana; and then Title 19 international treaties & marijuana. Please keep in mind that changing state marijuana laws does NOT change federal laws which are spelled three different ways in the federal laws: marijuana, marihuana and cannabis.

Previously, in Part 1, we looked at food stamps & marijuana, federal forest land & marijuana, federal immigration laws & marijuana, and U.S. Military law & marijuana.
http://ibrattleboro.com/sections/other/part-1-federal-marijuana-laws-tru...

INCLUDES: 7 USC 2014; 7 USC 2209e; 8 USC 1182; 8 USC §1227; 8 USC 1254a; 8 USC 1255; 10 USC 912a;
16 USC 559b;16 USC §559c

PART 2, BELOW, INCLUDES: 18 USC 842; 18 USC 1791;19 USC 2495
United States Code, Federal Laws
http://uscode.house.gov/browse.xhtml

18 USC 842
Unlawful acts
Text contains those laws in effect on May 23, 2017
From Title 18-CRIMES AND CRIMINAL PROCEDURE
§842. Unlawful acts
(a) It shall be unlawful for any person-
(1) to engage in the business of importing, manufacturing, or dealing in explosive materials
without a license issued under this chapter;
(d) It shall be unlawful for any person knowingly to distribute explosive materials to any individual who:
(5) is an unlawful user of or addicted to any controlled substance
(as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(i) It shall be unlawful for any person-
(3) who is an unlawful user of or addicted to any controlled substance
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
1988-Subsec. (d)(5). Pub. L. 100–690, §6474(c), amended par. (5) generally. Prior to amendment, par.
(5) read as follows: "is an unlawful user of marihuana
(as defined in section 4761 of the Internal Revenue Code of 1954) or any depressant or stimulant drug
(as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug
(as defined in section 4721(a) of the Internal Revenue Code of 1954); or".
Subsec. (i)(3). Pub. L. 100–690, §6474(d), amended par. (3) generally. Prior to amendment, par.
(3) read as follows: "who is an unlawful user of or addicted to marihuana
(as defined in section 4761 of the Internal Revenue Code of 1954) or any depressant or stimulant drug
(as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug
(as defined in section 4731(a) of the Internal Revenue Code of 1954); or".

18 USC 1791
Title 18-CRIMES AND CRIMINAL PROCEDURE
PART I-CRIMES
CHAPTER 87-PRISONS
18 USC 1791: Providing or possessing contraband in prison
Text contains those laws in effect on May 23, 2017
§1791. Providing or possessing contraband in prison
(a) Offense.-Whoever-
(1) in violation of a statute or a rule or order issued under a statute, provides to an inmate of a prison
a prohibited object, or attempts to do so; or
(2) being an inmate of a prison, makes, possesses, or obtains, or attempts to make or obtain, a prohibited object;
shall be punished as provided in subsection (b) of this section.
(b) Punishment.-The punishment for an offense under this section is a fine under this title or-
(1) imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(1)(C) of this section;
(2) imprisonment for not more than 10 years, or both, if the object is specified in subsection (d)(1)(A) of this section;
(3) imprisonment for not more than 5 years, or both, if the object is specified in subsection (d)(1)(B) of this section;
(4) imprisonment for not more than one year, or both, if the object is specified in subsection (d)(1)(D), (d)(1)(E),
or (d)(1)(F) of this section; and
(5) imprisonment for not more than 6 months, or both, if the object is specified in subsection (d)(1)(G) of this section.
(c) Consecutive Punishment Required in Certain Cases.-Any punishment imposed under subsection (b)
for a violation of this section involving a controlled substance shall be consecutive to any other sentence
imposed by any court for an offense involving such a controlled substance. Any punishment imposed under
subsection (b) for a violation of this section by an inmate of a prison shall be consecutive to the sentence being
served by such inmate at the time the inmate commits such violation.
(d) Definitions.-As used in this section-
(1) the term "prohibited object" means-
(A) a firearm or destructive device or a controlled substance in schedule I or II,
other than marijuana
or a controlled substance referred to in subparagraph (C) of this subsection;
(B) marijuana
or a controlled substance in schedule III,
other than a controlled substance referred to in subparagraph (C) of this subsection,
ammunition, a weapon (other than a firearm or destructive device), or an object that is designed
or intended to be used as a weapon or to facilitate escape from a prison;
(C) a narcotic drug, methamphetamine, its salts, isomers, and salts of its isomers, lysergic acid diethylamide,
or phencyclidine;(D) a controlled substance (other than a controlled substance referred to in
subparagraph (A), (B), or (C) of this subsection)
or an alcoholic beverage;
...etc....
(3) the terms "controlled substance" and "narcotic drug"
have, respectively, the meanings given those terms in section
102 of the Controlled Substances Act (21 U.S.C. 802); and...etc...
...etc...

TITLE 19 / CHAPTER 12 / SUBCHAPTER VII / § 2495
19 USC 2495: Definitions
Text contains those laws in effect on May 23, 2017
From Title 19-CUSTOMS DUTIES
CHAPTER 12-TRADE ACT OF 1974
SUBCHAPTER VII-TARIFF TREATMENT OF PRODUCTS OF, AND OTHER SANCTIONS AGAINST,
UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES
§2495. Definitions
For purposes of this subchapter-
(1) continuity of a session of Congress is broken only by an adjournment of the Congress sine die,
and the days on which either House is not in session because of an adjournment of more than
three days to a day certain are excluded in the computation of the period indicated;
(2) the term "major drug producing country" means a country that illicitly produces during
a fiscal year 5 metric tons or more of opium or opium derivative, 500 metric tons or more of coca,
or 500 metric tons or more of marijuana;
(3) the term "major drug-transit country" means a country-
(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled
substances significantly affecting the United States;
(B) through which are transported such drugs or substances; or
(C) through which significant sums of drug-related profits or monies are laundered with the knowledge
or complicity of the government; and
4) the term "narcotic and psychotropic drugs and other controlled substances"
has the same meaning as is given by any applicable international narcotics control agreement
or domestic law of the country or countries concerned.

LET'S STOP HERE FOR A BREAK - WHAT ARE THE INTERNATIONAL NARCOTICS CONTROL AGREEMENTS THAT THE UNITED STATES OF AMERICAN HAS AGREED TO? ARE WE A SOVEREIGN COUNTRY GOVERNED OF, BY AND FOR THE PEOPLE OF THE UNITED STATES OF AMERICA; OR ARE WE SUBJECT TO INTERNATIONAL LAWS?

Conventions - United Nations Office on Drugs and Crime
https://www.unodc.org/unodc/en/commissions/CND/conventions.html
The revised schedules of psychotropic substances under international control are issued under document symbol ST/CND/1/Add.2.

Convention on Psychotropic Substances - Wikipedia
https://en.wikipedia.org/wiki/Convention_on_Psychotropic_Substances
The Convention on Psychotropic Substances of 1971 is a United Nations treaty.

Well, the above should be enough to give Governor Phil Scott shivers this morning while he makes his final decision on the marijuana bill on his desk.

Will Governor Phil Scott start a new Declaration of Independence from unelected officials of the United Nations telling us how to live!!!!! Is this not actionable contract fraud to allow unelected officials of the United Nations to create the rules on drug laws; particularly since there is no meeting of the minds because these rules were not in effect at the time the treaty was agreed to! Will Governor Phill Scott take back Vermont!

»

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Scott Says No

Vermont will continue to lose out on significant business revenue, taxes, jobs, aid for addiction, eliminating stupid penalties, etc.

Gov Scott vetoed it.

Up to legislators to override this veto.

 
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Lawmaking toolbox

A perfect example of why this state needs to have referendum in it's lawmaking toolbox.

 

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