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Weed Felony? lol wut? be the jury
Jobe_Wan_Kenobi
Posts: 19,575 moneytalker
Fun fact you should know, possession on thc in Wisconsin, second and subsequent is a felony. Or is it? Can a medical marijuana patient from Michigan (or any other) bring meds into Wisconsin legally? Internet assholes, feel free to play the prosecuter. Spelling.g Nazi's die in a fire.
Prior arrest can be from any state. No prior is a misdemeanor, bit same arguement applies.
Here is the law against possession
961.41(3g)
(3g) Possession. No person may possess or attempt to possess a
controlled substance or a controlled substance analog unless the person
obtains the substance or the analog directly from, or pursuant to a
valid prescription or order of, a practitioner who is acting in the
course of his or her professional practice, or unless the person is
otherwise authorized by this chapter to possess the substance or the
analog. Any person who violates this subsection is subject to the
following penalties: blah blah blah.
"unless the person
obtains the substance or the analog directly from, or pursuant to a
valid prescription or order of, a practitioner..."
Well what does Wisconsin define as a practitioner?
961.01(19)(19) "Practitioner" means: 961.01(19)(a)(a) A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3), a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. 961.01(19)(b)(b) A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state
First lets notice the "or" after scientific investigator. To me it reads that a practitioner is a physician.... scientific investigator or a physicians assistant licensed "in this state."
The or shows that the "in this state" portion covers the part after the or in reference to the assistants having to be licensed "in this state" This does not mean that a Michigan Doctor has to be licensed on Wisconsin for a prescription to be legal there, otherwise anyone with ANY prescription from out of state would be breaking the law.
Elsewhere in Wisconsin law...
448.01(5)(5) "Physician" means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board.
A Doctor is a clearly a physician in clear legal speak, and a physician is a practitioner. Now lets look at the word "or" and the phrase "in this state". Well....
We first look to the language of a statute and attempt to interpret it based on "the plain meaning of its terms." State v. Williquette, 129 Wis. 2d 239, 248, 385 N.W.2d 145 (1986). Only when statutory language is ambiguous may we examine other construction aids such as legislative history, scope, context, and subject matter. State v. Waalen, 130 Wis. 2d 18, 24, 386 N.W.2d 47 (1986). A statute is ambiguous if reasonable persons could disagree as to its meaning. Williquette, 129 Wis. 2d at 248.
The law doesn't seem too ambiguous, bit I don't really expect law enforment to be reasonable so...
¶7. As noted above, if the statute is clear and unambiguous, we need not look beyond the statutory language to ascertain its meaning. However, we may construe a clear and unambiguous statute "if a literal application would lead to an absurd or unreasonable result." Coca-Cola Bottling Co. of Wis. v. La Follette, 106 Wis. 2d 162, 170, 316 N.W.2d 129 (Ct. App. 1982).
Expecting anyone from out of state to see a Wisconsin doctor to legally carry doctor prescribed (or recomended) medicine in that state is beyond absurd.
Well, ya gotta smoke somehow, so lets look at a paraphernalia charge (inconsequential with a successful medical defense) But just as an added measure....
961.571 - ANNOT.A tobacco pipe is excluded from the definition of drug paraphernalia under sub. (1) (b) 2. The presence of residue of a controlled substance in the pipe does not change that result. State v. Martinez, 210 Wis. 2d 396, 563 N.W.2d 922 (Ct. App. 1997), 96-1899.
Ever try to buy a marijuana pipe somewhere? You can't. That would be against the law. Head shops sell tobacco pipes. They paste signs all over saying tobacco only, you leave if you mention illegal things etc. I should be able to go the shop I got it from and get some photographs proving it is sold as a tobacco pipe, they have more of the exact same pipe for sale there.
Thoughts or feedback please! Yes, thread is relevant.
Prior arrest can be from any state. No prior is a misdemeanor, bit same arguement applies.
Here is the law against possession
961.41(3g)
(3g) Possession. No person may possess or attempt to possess a
controlled substance or a controlled substance analog unless the person
obtains the substance or the analog directly from, or pursuant to a
valid prescription or order of, a practitioner who is acting in the
course of his or her professional practice, or unless the person is
otherwise authorized by this chapter to possess the substance or the
analog. Any person who violates this subsection is subject to the
following penalties: blah blah blah.
"unless the person
obtains the substance or the analog directly from, or pursuant to a
valid prescription or order of, a practitioner..."
Well what does Wisconsin define as a practitioner?
961.01(19)(19) "Practitioner" means: 961.01(19)(a)(a) A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3), a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. 961.01(19)(b)(b) A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state
First lets notice the "or" after scientific investigator. To me it reads that a practitioner is a physician.... scientific investigator or a physicians assistant licensed "in this state."
The or shows that the "in this state" portion covers the part after the or in reference to the assistants having to be licensed "in this state" This does not mean that a Michigan Doctor has to be licensed on Wisconsin for a prescription to be legal there, otherwise anyone with ANY prescription from out of state would be breaking the law.
Elsewhere in Wisconsin law...
448.01(5)(5) "Physician" means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board.
A Doctor is a clearly a physician in clear legal speak, and a physician is a practitioner. Now lets look at the word "or" and the phrase "in this state". Well....
We first look to the language of a statute and attempt to interpret it based on "the plain meaning of its terms." State v. Williquette, 129 Wis. 2d 239, 248, 385 N.W.2d 145 (1986). Only when statutory language is ambiguous may we examine other construction aids such as legislative history, scope, context, and subject matter. State v. Waalen, 130 Wis. 2d 18, 24, 386 N.W.2d 47 (1986). A statute is ambiguous if reasonable persons could disagree as to its meaning. Williquette, 129 Wis. 2d at 248.
The law doesn't seem too ambiguous, bit I don't really expect law enforment to be reasonable so...
¶7. As noted above, if the statute is clear and unambiguous, we need not look beyond the statutory language to ascertain its meaning. However, we may construe a clear and unambiguous statute "if a literal application would lead to an absurd or unreasonable result." Coca-Cola Bottling Co. of Wis. v. La Follette, 106 Wis. 2d 162, 170, 316 N.W.2d 129 (Ct. App. 1982).
Expecting anyone from out of state to see a Wisconsin doctor to legally carry doctor prescribed (or recomended) medicine in that state is beyond absurd.
Well, ya gotta smoke somehow, so lets look at a paraphernalia charge (inconsequential with a successful medical defense) But just as an added measure....
961.571 - ANNOT.A tobacco pipe is excluded from the definition of drug paraphernalia under sub. (1) (b) 2. The presence of residue of a controlled substance in the pipe does not change that result. State v. Martinez, 210 Wis. 2d 396, 563 N.W.2d 922 (Ct. App. 1997), 96-1899.
Ever try to buy a marijuana pipe somewhere? You can't. That would be against the law. Head shops sell tobacco pipes. They paste signs all over saying tobacco only, you leave if you mention illegal things etc. I should be able to go the shop I got it from and get some photographs proving it is sold as a tobacco pipe, they have more of the exact same pipe for sale there.
Thoughts or feedback please! Yes, thread is relevant.
Pass the god damn butter.
Comments
[-(
blue turbins
From Those Fishes - I Fingered An Old Bitch (i got Aids on my finger)
shitty grammar; didnt read
Again, thanks for being helpful.
But I'd rather smoke than be all fucked up on pills for the rest of my life. That shit is poison. Grown adults should have the right to make their own choices. If all I wanted was a buzz doctors have shit to fuck me up waaaay more, only at the cost of my soul. No thanks. But you tend to be close minded when it comes to drugs, but just know 2 things. Cannabis is illegal for bullshit political reasons (lol no medical value.. look up United States Patent number 6,630,507), and it has more medical value than any other plant in the world.
everything would had been perfect
[-(
blue turbins
From Those Fishes - I Fingered An Old Bitch (i got Aids on my finger)
Now, if we could get back to the law, instead of just another weed thread or rebate... Guilty? Not guilty? Any other holes or angles you can think of?
And guilty
What statute can I be proven of violating?