The Law

Discussion in 'Cannabis and Marijuana' started by StonerBill, Oct 9, 2005.

  1. StonerBill

    StonerBill Learn

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    bastards
     
  2. nesta

    nesta Banned

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    pretty much
     
  3. shortjew

    shortjew Member

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    The exact law is The Controlled Substances Act. Search it.
     
  4. TrippinBTM

    TrippinBTM Ramblin' Man

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    Ok, I searched the "controlled Substances Act" document, here's what it says. I'm lucky I found it, because it's in the definitions section.

    "(16) The term "marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination."

    http://www.usdoj.gov/dea/agency/csa.htm
     
  5. nesta

    nesta Banned

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    got it. i stand corrected on one or two points. regardless, i do DISTINCTLY remember a big to-do a few years ago about hemp seed food, hemp oil cosmetic products, and even hemp birdseed
     
  6. StonerBill

    StonerBill Learn

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    yeh well what can you expect eh? i mean its not beyond reason that the people who made the busts werent even aware of their own laws :p the probably had as much resources as us

    thanks a heap trippin
     
  7. TrippinBTM

    TrippinBTM Ramblin' Man

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    They may have amended it, it's happened before.
     
  8. nesta

    nesta Banned

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    well, the CSA isn't the be-all and end-all of drug law. its just the foundation upon which it is based. new substances are added to schedules as the govmnt sees fit, and then you have the judiciary's readings of the law opposed to the executive's and the letter of the law (the legislative end of it)

    basically, the real deciding factors are not just what the original laws say, but what the cops want to focus on and how they go about doing it, and then what precedents have been set in court before and any new readings on behalf of the judicial system
     
  9. StonerBill

    StonerBill Learn

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    bastards
     
  10. WishIWasAHippie

    WishIWasAHippie Senior Member

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    I can tell you one thing, in Florida, as long as there isn't a lid on your shrooms...it's alright haha :)

    Hooray for a mass abundance of ever-growing shrooms!
     
  11. ConcealedCulture

    ConcealedCulture Senior Member

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    ^Really? I live in Florida. So you are saying if I go pick some shrooms and keep them in an open container, I am free from prosecution?
     
  12. PLyTheMan

    PLyTheMan Senior Member

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    "The term "marihuana" means all parts of the plant Cannabis sativa L.," Does that mean that Indica is legal?

    As far as the Feds punishing states that legalize, they wouldn't prosecute any of the politicians, they'ld just word their next educational funding bill or whatever so that states with lax pot laws would be exempt from recieving federal aid. So now your state has to make the choice, lax pot laws, or books and heat for the kids in public school?
     
  13. StonerBill

    StonerBill Learn

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    sorry, im on some drugs of course but i dont see how indica does not have to conform to the status of all other marihuana?
     
  14. PLyTheMan

    PLyTheMan Senior Member

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    All they specified was sativa. Unless Indica is a sub category (sorry, not much of a botanist and its been a while since my bio class freshamn year) then wouldn't it be not covered by that law (at least the way that its worded)?

    Then again, I'm tired and probably making no sense...
     
  15. StonerBill

    StonerBill Learn

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    cannabid indica counts as cannabis sativa as its plant genus.
     
  16. TrippinBTM

    TrippinBTM Ramblin' Man

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    I thought indica is a variety of satvia. Varieties are botanical eqivalants to subspecies. But it seems there is no agreement here. It might be a loophole ;)
    From Wikipedia:
    http://en.wikipedia.org/wiki/Cannabis_indica

    (heh, there's a link on that page to a page about Northern Lights weed :))
     
  17. PLyTheMan

    PLyTheMan Senior Member

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    So assuming that thats the only wording of the law and that you can make the argument that Indica is a seperate species than sativa, as the wiki does, then indica is legal, right? hehe, maybe there is a loophole!! =P
     
  18. StonerBill

    StonerBill Learn

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    unfortunately, there is no loophole because there is no known distinguishable feature of the two species except for the shape of the plant, and the amount of chemicals produced and used. which would actually make it more against the law than a sativa plant, for it has less potential for hemp, and produces more illicit substances in a smaller amount of space.
     
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