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xxdr_zombiexx

Prosecutor snuffs out pot shops
theunion.com | Dave Moller | May 4, 2004

Nevada County proves stricter than Placer

Law enforcement officials are warning three Nevada County men who want to sell medical marijuana locally that their plan is nothing more than a pipe dream.

One of the men is currently selling pot out of a Colfax storefront, and the other two are providing patients with the drug from a secret location. All three say their operations are legal and are simply helping sick people get their medicine.

The county prosecutor, however, said the law is not on the entrepreneurs' side.

"Show me some law that says it's OK to do what they're doing." Nevada County District Attorney Michael Ferguson said. "I think it's illegal to disperse marijuana."

Ferguson said Proposition 215 and case law only allow medical marijuana to be grown and possessed. U.S. Drug Enforcement Administration agent Gordon Taylor said he does not care what California law says; federal statutes contend marijuana is illegal to grow, possess or sell.

[zombienote: How refreshing to see the truth bluntly stated. They don't care about state law. This is why marijuana prohibition is more than it seems.]


Ron Black and John Brajcki grow marijuana for their own afflictions and say they have the legal documentation to do so. Patients with doctors' recommendations come to them to buy mostly one-eighth or one-fourth ounce of pot at a time, Black said.

"I was hoping they would buy ounces," Black said, but he admits they have made more money selling smaller quantities. "We've made $13,000 this year or since last October."

Marijuana growers often are vulnerable to thieves, and Black said he has slept with his plants more than once to protect them. "Once we got our OK to grow our crop, we became a bull's-eye."

Black said there are "no illegal sales" in his operation, but he wants to set up a retail store outlet with Ferguson's blessing. "He's not receptive at this moment," Black said of the district attorney

Black said he backed off from the idea of opening a shop after consulting Auburn attorney William O'Neill, who contacted Ferguson's office on his behalf.

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Alien Space Signal

There's no money for your issue so long as we're squandering $50 billion a year on the DrugWar. Ben Masel

Fear became the ultimate tool of this government - V.

 

Jose Melendez

From: Jose Melendez jose@xxxxxxxx
Date: Tue May 4, 2004 12:13:49 US/Eastern
To: mike.ferguson@co.nevada.ca.us, peter.vanzant@co.nevada.ca.us, keith.royal@co.nevada.ca.us, legalize@marijuana.com
Cc: newcase.atr@usdoj.gov, xxxx@becker-poliakoff.com, others
Subject: antitrust violations

"Show me some law that says it's OK to do what they're doing." Nevada County District Attorney Michael Ferguson said. "I think it's illegal to disperse marijuana."

STATUTORY PROVISIONS AND GUIDELINES
OF THE ANTITRUST DIVISION 1

1. SHERMAN ANTITRUST ACT, 15 U.S.C. §§ 1-7

§ 1 Sherman Act, 15 U.S.C. § 1

Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

§ 2 Sherman Act, 15 U.S.C. § 2

Monopolizing trade a felony; penalty

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

CLAYTON ACT, 15 U.S.C. §§ 12-27, 29 U.S.C. §§ 52-53

§ 1 Clayton Act, 15 U.S.C. § 12
Definitions; short title
(a) "Antitrust laws," as used herein, includes the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety; sections seventy-three to seventy-seven, inclusive, of an Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," of August twenty- seventh, eighteen hundred and ninety-four; an Act entitled "An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes,' " approved February twelfth, nineteen hundred and thirteen; and also this Act.

"Commerce," as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands.

The word "person" or "persons" wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.

(b) This Act may be cited as the "Clayton Act". § 2 Clayton Act, 15 U.S.C. §§ 13(2)

Discrimination in price, services, or facilities

(a) Price; selection of customers
It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: And provided further, That nothing herein contained shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade: And provided further, That nothing herein contained shall prevent price changes from time to time where in response to changing conditions affecting the market for or the marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.

18 U.S.C. § 1031
MAJOR FRAUD AGAINST THE UNITED STATES(5)

(a) Whoever knowingly executes, or attempts to execute, any scheme or artifice with the intent-- to defraud the United States; or

to obtain money or property by means of false or fraudulent pretenses, representations, or promises, in any procurement of property or services as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, if the value of the contract, subcontract, or any constituent part thereof, for such property or services is $1,000,000 or more shall, subject to the applicability of subsection (c) of this section, be fined not more than $1,000,000, or imprisoned not more than 10 years, or both.

STATUTES THAT AFFECT THE COMPETITION ADVOCACY OF THE ANTITRUST DIVISION
1. STATUTORY ANTITRUST IMMUNITIES
a. Agricultural Immunities
Section 6 Clayton Act, 15 U.S.C. § 17
This Act permits, among other things, the operation of agricultural or horticultural mutual assistance organizations when such organizations do not have capital stock or are not conducted for profit. See supra Section A.3 (setting out full text of the Act).
Capper-Volstead Agricultural Producers' Associations Act,

7 U.S.C. §§ 291-292

This Act allows persons engaged in the production of agricultural products to act together for the purpose of "collectively processing, preparing for market, handling, and marketing" their products and permits cooperatives to have "market agencies in common." The Act also authorizes the Secretary of Agriculture to proceed against cooperatives that monopolize or restrain commerce to such an extent that the price of an agricultural commodity is "unduly enhanced."

- - -
US Constitution, Article III, Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

See also: http://www.gwpharm.com/

Comment #2 posted by Jose Melendez on May 04, 2004 at 08:50:53 PT

Competition benefits the consumer.

Restraint of trade cheats the customer, enables sales of inferior products, and violates hundreds of years of antitrust law.

Re: "Amigula`s product will sell for $1.00 per gram. "

http://www.investors.com/breakingnew...21005686&brk=1

see also:

http://www.amigula.com/news/sept1_03_amsterdam.html

http://www.thehempire.com/pm/weblog/D20031205/

and from google.com's html version of the file http://www.amigula.com/apply/pdf/interim_policy.pdf

In order to build knowledge about the safety, efficacy and use of marihuana for medical purposes, patients and physicians are asked to report any serious or unexpected reaction to the product by notifying Health Canada:

Toll-free telephone: 866-234-2345

Toll-free fax: 866-678-6789

By email: cadrmp@hc-sc.gc.ca

6.6 Cost Recovery A form of cost recovery system will be implemented so that the Government of Canada can recover its costs. Patients will be required to pay for all seeds and product supplied to them. Instructions will be provided on how to submit payment. The cost of seeds will be $20.00 per package. The cost of dried marihuana will be $5.00 per gram , that is, $150.00 for a 30- gram package. Costs are subject to change without prior notice.

7. ADDITIONAL INFORMATION Additional information can be found at:

http://www.hc-sc.gc.ca/hecs-sesc/ocma

. . . , or you may contact the Drug Strategy and Controlled Substances Programme at 1-866-337-7705 .

8. EFFECTIVE DATE AND POLICY CHANGES This policy is effective July 9, 2003 and can be amended or suspended without prior notice.

- - -
http://pipepeace.com/potusHint.html

http://rxpot.com

see also: http://www.usdoj.gov/atr/foia/divisionmanual/ch2.htm