PART 7 FEDERAL MARIJUANA LAWS “Prima facie”, in the law, means that if you have a state offense for marijuana spelled with a j in the law, marihuana spelled with an h in the law, or cannabis, then that is OBVIOUS that you may have also violated federal law. How many Vermont State Senators and Vermont Representatives know that they may be setting you up for a federal prison term, by their little ol’ Vermont slap on the hand statute?
http://legal-dictionary.thefreedictionary.com/prima+facie Statutes may specify that certain evidence is prima facie evidence of a certain fact. For example, a duly authenticated copy of a defendant’s criminal record may be considered prima facie evidence of the defendant’s prior convictions and may be used against the defendant in court. (Colo. Rev. Stat. Ann. § 18-3-412 [West 1996]). This is why plea bargains should be outlawed: too many people under pressure or torture as a pre-trial detainee in a jail, or family obligations such as needing to get out of jail to take care of a sick person in the family, or whatever, plead guilty to something they are not guilty at all of. This, then sets them up wrongfully under “prima facie” evidence of a “prior record”. TITLE 21 USC 962; TITLE 21 USC 967; TITLE 21 USC 1705; TITLE 21 USC 1708; 21 USC 1713. Please remember to contact your Vermont State Senators and State Representatives and ask them to please vote against Governor Phil Scott’s VETO of RECREATIONAL MARIJUANA during the special veto session June 21 and June 22, 2017. TITLE 21 UNITED STATES CODE Section 962 http://uscode.house.gov/view.xhtml?req=marihuana&f=treesort&fq=true&num=28&hl=true&edition=prelim&granuleId=USC-prelim-title21-section962 TITLE 21 / CHAPTER 13 / SUBCHAPTER II / § 962 21 USC 962: Second or subsequent offenses Text contains those laws in effect on June 10, 2017 From Title 21-FOOD AND DRUGS CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER II-IMPORT AND EXPORT § 962. Second or subsequent offenses (a) Term of imprisonment and fine Any person convicted of any offense under this subchapter is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under section 960(b) of this title, and if it is the offender’s second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the term of supervised release otherwise authorized. (b) Determination of status For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of such person for a felony drug offense have become final. (c) Procedures applicable Section 851 of this title shall apply with respect to any proceeding to sentence a person under this section. Amendments 1994-Subsec. (b). Pub. L. 103–322 substituted “one or more prior convictions of such person for a felony drug offense have become final” for “one or more prior convictions of him for a felony under any provision of this subchapter or subchapter I of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant drugs, have become final”. TITLE 21 USC 967 http://uscode.house.gov/view.xhtml?req=marihuana&f=treesort&fq=true&num=29&hl=true&edition=prelim&granuleId=USC-prelim-title21-section967 TITLE 21 / CHAPTER 13 / SUBCHAPTER II / § 967 21 USC 967: Smuggling of controlled substances; investigations; oaths; subpenas; witnesses; evidence; production of records; territorial limits; fees and mileage of witnesses Text contains those laws in effect on June 10, 2017 From Title 21-FOOD AND DRUGS CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER II-IMPORT AND EXPORT For the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title), the Secretary of the Treasury may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more than 100 miles from the place where he was served with subpena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affirmations may be made at any place subject to the jurisdiction of the United States. Amendments 1970-Pub. L. 91–513 substituted “section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title)” for “the laws of the United States relating to narcotic drugs and marihuana” and substituted the customs territory of the United States for any State or any territory or other place subject to the jurisdiction of the United States is the defined area from within which the attendance of witnesses and the production of records may be required, and struck out provisions making the discretion of the Secretary of the Treasury the determinative factor as to what is relevant or material to the investigation. TITLE 21 USC 1705 NATIONAL DRUG CONTROL STRATEGY http://uscode.house.gov/view.xhtml?req=marijuana&f=treesort&fq=true&num=18&hl=true&edition=prelim&granuleId=USC-prelim-title21-section1705 TITLE 21 / CHAPTER 22 / § 1705 21 USC 1705: Development, submission, implementation, and assessment of National Drug Control Strategy Text contains those laws in effect on June 10, 2017 From Title 21-FOOD AND DRUGS CHAPTER 22-NATIONAL DRUG CONTROL POLICY § 1705. Development, submission, implementation, and assessment of National Drug Control Strategy (a) Timing, contents, and process for development and submission of National Drug Control Strategy (1) Timing Not later than February 1 of each year, the President shall submit to Congress a National Drug Control Strategy, which shall set forth a comprehensive plan for the year to reduce illicit drug use and the consequences of such illicit drug use in the United States by limiting the availability of, and reducing the demand for, illegal drugs. (2) Contents (A) In general The National Drug Control Strategy submitted under paragraph (1) shall include the following: (i) Comprehensive, research-based, long-range, quantifiable goals for reducing illicit drug use and the consequences of illicit drug use in the United States. (ii) Annual quantifiable and measurable objectives and specific targets to accomplish long-term quantifiable goals that the Director determines may be achieved during each year beginning on the date on which the National Drug Control Strategy is submitted. (iii) A 5-year projection for program and budget priorities. (iv) A review of international, State, local, and private sector drug control activities to ensure that the United States pursues coordinated and effective drug control at all levels of government. (v) An assessment of current illicit drug use (including inhalants and steroids) and availability, impact of illicit drug use, and treatment availability, which assessment shall include- (I) estimates of drug prevalence and frequency of use as measured by national, State, and local surveys of illicit drug use and by other special studies of nondependent and dependent illicit drug use; (II) illicit drug use in the workplace and the productivity lost by such use; and (III) illicit drug use by arrestees, probationers, and parolees. (vi) An assessment of the reduction of illicit drug availability, as measured by- (I) the quantities of cocaine, heroin, marijuana, methamphetamine, ecstasy, and other drugs available for consumption in the United States; (II) the amount of marijuana, cocaine, heroin, methamphetamine, ecstasy, and precursor chemicals and other drugs entering the United States; (III) the number of illicit drug manufacturing laboratories seized and destroyed and the number of hectares of marijuana, poppy, and coca cultivated and destroyed domestically and in other countries; (IV) the number of metric tons of marijuana, heroin, cocaine, and methamphetamine seized and other drugs; and (V) changes in the price and purity of heroin, methamphetamine, and cocaine, changes in the price of ecstasy, and changes in tetrahydrocannabinol level of marijuana and other drugs. TITLE 21 USC 1708 NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN http://uscode.house.gov/view.xhtml?req=marijuana&f=treesort&fq=true&num=19&hl=true&edition=prelim&granuleId=USC-prelim-title21-section1708 TITLE 21 / CHAPTER 22 / § 1708 21 USC 1708: National youth anti-drug media campaign Text contains those laws in effect on June 10, 2017 From Title 21-FOOD AND DRUGS CHAPTER 22-NATIONAL DRUG CONTROL POLICY …ETC., …ETC.,… (j) Prevention of marijuana use (1) Findings The Congress finds the following: (A) 60 percent of adolescent admissions for drug treatment are based on marijuana use. (B) Potency levels of contemporary marijuana, particularly hydroponically grown marijuana, are significantly higher than in the past, rising from under 1 percent of THC in the mid-1970s to as high as 30 percent today. (C) Contemporary research has demonstrated that youths smoking marijuana early in life may be up to 5 times more likely to use hard drugs. (D) Contemporary research has demonstrated clear detrimental effects in adolescent educational achievement resulting from marijuana use. (E) Contemporary research has demonstrated clear detrimental effects in adolescent brain development resulting from marijuana use. (F) An estimated 9,000,000 Americans a year drive while under the influence of illegal drugs, including marijuana. (G) Marijuana smoke contains 50 to 70 percent more of certain cancer causing chemicals than tobacco smoke. (H) Teens who use marijuana are up to 4 times more likely to have a teen pregnancy than teens who have not. (I) Federal law enforcement agencies have identified clear links suggesting that trade in hydroponic marijuana facilitates trade by criminal organizations in hard drugs, including heroin. (J) Federal law enforcement agencies have identified possible links between trade in cannabis products and financing for terrorist organizations. (2) Emphasis on prevention of youth marijuana use In conducting advertising and activities otherwise authorized under this section, the Director may emphasize prevention of youth marijuana use. 21 USC 1713 TITLE 21 / CHAPTER 22 / § 1713 SPRAY & ERADICATE MARIJUANA WITH “APPROVED” HERBICIDES (WEED KILLERS) http://uscode.house.gov/view.xhtml?req=cannabis&f=treesort&fq=true&num=5&hl=true&edition=prelim&granuleId=USC-prelim-title21-section1713 21 USC 1713: Authorization of use of environmentally-approved herbicides to eliminate illicit narcotics crops Text contains those laws in effect on June 10, 2017 From Title 21-FOOD AND DRUGS CHAPTER 22-NATIONAL DRUG CONTROL POLICY § 1713. Authorization of use of environmentally-approved herbicides to eliminate illicit narcotics crops. The Secretary of State, the Attorney General, the Secretary of Agriculture, the Secretary of Defense, the Director of the Office of National Drug Control Policy, and the Administrator of the Environmental Protection Agency are authorized to support the development and use of environmentally-approved herbicides to eliminate illicit narcotics crops, including coca, cannabis, and opium poppy, both in the United States and in foreign countries. (See below, federal marijuana laws parts 1,2,3,4,5,6) https://www.loc.gov/ http://uscode.house.gov/browse.xhtml PART 1 FEDERAL MARIJUANA LAWS http://ibrattleboro.com/sections/other/part-1-federal-marijuana-laws-trump-state-marijuana-laws-so-it-time-learn-federal-pot PART 2 FEDERAL MARIJUANA LAWS http://ibrattleboro.com/sections/other/part-2-federal-marijuana-laws-governor-phil-scott-consider-morning-his-big-decision-i PART 3 FEDERAL MARIJUANA LAWS http://ibrattleboro.com/sections/other/part-3-federal-marijuana-laws-20-years-and-not-more-life-imprisonment-etc PART 4 FEDERAL MARIJUANA LAWS http://ibrattleboro.com/sections/other/part-4-federal-marijuana-laws-demonstration-protest-june-21-june-22-montpelier PART 5 FEDERAL MARIJUANA LAWS http://ibrattleboro.com/sections/other/part-5-federal-marijuana-laws-go-federal-prison-selling-bong-or-roach-clip PART 6 FEDERAL MARIJUANA LAWS http://ibrattleboro.com/sections/other/part-6-federal-marijuana-laws-not-knowing-law-form-entrapment Coming soon to ibrattleboro.com PART 8 FEDERAL MARIJUANA LAWS: Title 3 USC; Title 5 USC; Title 20 USC; Title 22 USC; Title 23 USC; Title 25 USC; Title 26 USC; Title 28 USC; Title 42 USC; Title 48 USC; Title 49 USC and International Treaties
