Ask a Pot Lawyer Sep 9, 2015 at 4:20 pm

Is Portland Safe from Commercial Bans?

Comments

1
Federal law notwithstanding, would it be legal under state laws for Smoke Buddy to ship Cannabis by private carrier from Oregon to Alaska, Colorado, and Washington, provided of course that the quantities are otherwise legal, or do you have a conflict of interest with Fascists, which prohibits you from giving an objective opinion?
2
Furthermore, I find no laws or regulation with regard to Cannabis. Rather, the misnomer, "Marijuana" is invariably used. Since there is no such thing as Marijuana, Cannabis is perfectly legal and any prosecution for violation of Marijuana laws, ought to be summarily dismissed, and failure to move for that is malpractice. Anyone who has been incarcerated for having been found guilty for violating laws against Marijuana, has grounds to sue for wrongful prosecution and imprisonment against the government, as well as malpractice against their attorney.
3
The definition of anything in the legal system is subject only to how the legislation defined the word used in the statute. Legally, the legislature could ban purple drank, in the definition section of the law define purple drank as promithazine and codeine and purple drank would be illegal. This is one reason why the word "legalese" exists. A more common example would be assault. In some states assault would be the fear of being struck whereas in other states it would be the actual contact. Not knowing how to read definitions or that laymen definitions of words are meaningless would be grounds for malpractice. Knowing is half the battle!
4
The definition of anything in the legal system is subject only to how the legislation defined the word used in the statute. Legally, the legislature could ban purple drank, in the definition section of the law define purple drank as promithazine and codeine and purple drank would be illegal. This is one reason why the word "legalese" exists. A more common example would be assault. In some states assault would be the fear of being struck whereas in other states it would be the actual contact. Not knowing how to read definitions or that laymen definitions of words are meaningless would be grounds for malpractice. Knowing is half the battle!

PS Federal Law governs ALL interstate commerce so you can't even have a hypothetical interstate commerce question without federal law governing.
5
Common Law is based upon the proper use of English grammar. If law could be changed by rewriting the dictionary, there would be no need for the Legislature. This is why laws governing gay marriage is utter nonsense and therefore, unenforceable. Homosexual union or domestic partnership would be new terms that could be established in Equity under the illegitimate 14th Amendment. Gay means happy. There is no such thing as a happy marriage. Legalize is veneer under colorable law; a fiction. Officers of the court are not Lawyers and represent persons as opposed to Men.

To avoid being robbed again, Smoke Buddy ought to send free Cannabis via UPS without a return address to donors in states where possession of so-called, recreational "Marijuana" is legal.
6
A gift is not commerce.
7
Why did O'bama only grant amnesty to a few Marijuana convicts and not to all the non-violent ones; especially simple users? It's high time for lawsuits.
8
For someone who is all about definitions you clearly don't understand interstate is anything moved between states, people, ideas, objects, cannabis.... Again on legal definitions, I'm charging hourly correcting your nonsense from this point forward. You are the reason a legitimate movement can be made to look uneducated and illegitimate. Stop. Go back to what you are good at, it's clearly not the law.
9
If you want to be a real Lawyer, a real lawyer fights against injustice, bad legislation, and infringements of Constitutional Rights. Even under the illegitimate 14th Amendment, the defacto US president applies un equal enforcement of unjust laws. Lapdog attorneys take orders from judges instead of standing against tyranny and providing a proper defense. Under Common Law, there can be no crime without a victim and without proving intent to do harm. Cannabis is non-toxic. There is absolutely no reason for it to be either illegal, taxed, nor regulated. What's needed is litigation to strike down the draconian measures against a benevolent herb and the free Men who exercise the God given Right to use it. How about you get off your shiftless ass and sue for the release of the wrongfully imprisoned?
10
Legalese isn't even proper English grammar of the legal glossary.
11
The Interstate Commerce Clause does not grant arbitrary discretion to tyrants as it is subordinate to the Bill of Rights. A gift is not a commercial transaction. Your personal interests lie with commerce which is threatened by free gifts, such as my observations here, as opposed to my charging the reader a fee. From what you've displayed here, I don't see how anyone could benefit from hiring you as a Marijuana attorney.
12
Big Ten Inch, you have got to be the most retarded person I've ever seen. You obviously have no clue what you're talking about when it comes to the law. Can there be a crime without a victim? Yes, yes there can and there have been thousands of cases at least that are just that, look it up. Also you do not have to intend to do harm to commit a crime. If I speed then I have broken the law even though I have no intent to do harm and there was no victim, so yea, you're totally wrong on that one. And I agree there is no reason marijuana should be illegal but I do believe it's legal sale should be taxed, like pretty much anything else you buy. Have you not seen the millions that communities have raised because of that tax? And it absolutely should be regulated, whether by the government or the industry itself is another topic. Would you want medications to be unregulated? Would you want food quality to be unregulated? You are one of the idiots that the media and politicians LOVE to interview on this topic because you give the rest of us such a bad name. Please STFU and stay out of this movement, you're only hurting the movement and causing more problems then are already there.
13
Prove your mettle and overturn Gonzales v. Raich (2005), an obvious abuse of judicial power by the Supreme Court, fallaciously finding that the Commerce Clause granted Congress the authority to regulate so-called, Marijuana plants grown, processed, and consumed within the state on private property. The court reclassified the plant as a commodity even though it was not sold or exchanged in any interstate transaction, nor any in state transaction, or any transaction at all.
14
If there were really such a thing as a Cannabis Lawyer, his mission should be to completely end the prohibition, resulting in the herb to become commonly grown in any backyard and openly traded at local farmers markets, as well as being imported from poor citizens in foreign countries, as freely as is Ginseng and tea.

Would such a lawyer be able to earn an honest living in a fair market? Why don't officers of the court provide proper defenses for poor wrongfully accused defendants who end up languishing in prison? The answer is because their families don't own homes with enough equity to raise the retainer. Why should Cannabis be corporate welfare for shysters?

If someone wants to call themselves The Cannabis Lawyer, first he ought to earn a reputation by suing O'bama for unequal enforcement of law, and obtain clemency for all Federally imprisoned non-violent convicts of Marijuana charges. Next, he should file suit to overturn Gonzales v. Raich. The over riding principal cause should be legal challenge for the basis of criminalizing the benevolent herb and to end the prohibition.

Bust a move, hotshot.
15
If a driver speeds and nobody gets hurt, then there's no crime, but an infraction of vulgar code. The Revolutionary War stated with a 5% tax on tea. Just because Government want's something is not legitimate grounds for confiscation. Cannabis is a non-toxic herb, safe for use in home remedies. It's not like Fluoride in Prozac which is so toxic that it's against Federal law to dump it in the Willamette River. When Oregon first decriminalized Marijuana, it was because the pigs couldn't stop people from smoking it in public and politicians didn't want to look impotent. There was no campaign. It was a spontaneous, grass roots cultural phenomenon. The last thing we need is a Communist movement to decide who gets to use a benevolent herb, under what circumstances, and at what expense.
16
Cannabis has the potential to decimate the pharmaceutical industry while compensating patients who are denied medical benefits under managed care. In Orygun, anyone is pretty much entitled to grow their own. That sounds like justice, to me.
17
The Wildwood Weed

https://www.youtube.com/watch?v=YyQi-1Z2tN8&index=13&list=PLw7k9G6FR38GG1xLWfrgZAdVlQas-oWuG


Willie Nelson by Reeferman Seeds: An F1 hybrid between Vietnamese Black and Highland Nepalese. Its Willie's favorite strain, he tried it once and bought the whole crop. What else do you need to know? How about a sweet and sour, lemon flavor and a reasonable 10 to 12 week flowering time? Good mold resistance and a friendly, soaring effect round out the package.

G-13 x Blueberry Headband by Emerald Triangle Seeds: We’ve taken the legend that is G13 and crossed it with our own Blueberry Headband and in doing so have produced one hell of a plant, This super high yielder, known for its vigorous veg growth and tight internodal stacking will produce long, large colas. Blueberry Headband has heavy diesel overtones with sweet berry undertones, but now has that unmistakeable scent that G13 throws into the mix. This strain is highly resistant to mould, mildew and PM. If you like our Blueberry Headband then you are going to love this G13 cross of her!

http://www.sensibleseeds.com/idevaffiliate/idevaffiliate.php?id=146_0_1_9
18
Item 9

https://www.youtube.com/watch?v=71z0kduphMY&list=PLA8DB82548017A7CF&index=1
19
Orygunyans have repeatedly rejected a sales tax. Now, there's effectively a tax on gas, a tax on booze, a tax on cigs, and now a tax on Weed. The problem is that all those substances are toxic, except Cannabis. Furthermore, if everyone were free to grow Weed and sell it at farmers' markets or where ever, they would be obligated to report the transaction on their State and Federal income tax. With the greater number of growers selling their crops, the State would make more from income tax alone, than the double or triple tax paid by growers, producers, sellers, who have to pay income taxes on top of the Marijuana tax, and including the tax that buyers have to pay.

Taxing Cannabis makes about as much sense as taxing people for aerobic dancing. Oops, I hope I didn't give any politicians any bad idea with that.
20
Pineapple Express - Extended Private Miller Scene

https://www.youtube.com/watch?v=sXzpXDmKPlA
21
Attorneys who accede to arbitrary restrictions and try to dance around inside the confines of intrigued upon Constitutional Rights are fucking pussies.

Be a man. Watch The Verdict.
https://www.youtube.com/watch?v=7je8_a7chkg

Be like Jerry Spence, the real life Cowboy Lawyer portrayed in the FLICK, Silkwood
https://www.youtube.com/watch?v=1KGmkaoIbQo

Go see the new soon to be released feature, Spotlight.
https://www.youtube.com/watch?v=56jw6tasomc

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