FPSRussia arrested

Discussion in 'Off-topic' started by HydroAuto, Aug 11, 2017.

  1. HydroAuto

    HydroAuto GPDO Commonlaw Spouse

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    Anyone hear about this yet?

    http://www.thefirearmblog.com/blog/...-personality-fpsrussia-arrested-drug-charges/

    The implication is that it was drug related charges. The article goes on to say

    Aside from the poor excuse for journalism that starts off a paragraph like that, this caught me by surprise, because last time I heard there was 2 tiers for possession of marijuana, <1oz and >1oz. The first tier being a misdemeanor, and the 2nd being a felony. So I did some research in OCGA, and found § 16-13-30 which confirms that indeed all punishments involve sentences "not less than a year", which can be interpreted as being felony crimes.

    and goes on...

    Now, where I'm going with this is that it appears that § 16-11-29, (b) 2. (I) is now a moot piece of code since there are no longer any misdemeanor controlled substance offenses. Edit: § 16-13-2(b) is the 'out' which allows a misdemeanor charge for first offenses involving less than 1 oz of marijuana. Reference post #9 below.

    Is that a correct interpretation of the OCGA? And will FPSRussia/Kyle Meyers, if convicted of any controlled substance charges, now find himself to be a Federally prohibited person, never mind qualifying for a GWL?
     
    Last edited: Aug 11, 2017
  2. Adam5

    Adam5 Atlanta Overwatch

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    It it was liquid THC, possession of more than one milliliter is a felony.
     
    Last edited: Aug 11, 2017

  3. mrhutch

    mrhutch Well-Known Member

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    "Wax" is also a felony in any amount
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  5. AtlPhilip

    AtlPhilip Proud GCO member.

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    Amoral, unethical, draconian laws....
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Schedules 1 thru 5

    So where does this "liquid THC" or "cannabis wax" fit on the schedules of controlled substances?
    Is it schedule I, schedule II, schedule III, IV, or V?

    If liquid THC or wax are not listed on any of 5 schedules, could it nonetheless be a "dangerous drug" which is based on either the definition of federal law or declarations of the legislature here?
     
  7. mrhutch

    mrhutch Well-Known Member

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    Marijuana and all it's derivatives are federally listed as Schedule 1.

    GA law is being used to apply equal punishment to meth and heroin as any form of marijuana other than the plant, because of language about "liquid" and "solid" drugs, while possession of under 1 oz of marijuana in plant form is still considered a misdemeanor.
     
  8. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Schedule 1: the lowest medical benefit and the highest potential for abuse?

    Wow.

    It's Reefer Madness!

    We need Congress / the DEA to change that classification.
     
  9. HydroAuto

    HydroAuto GPDO Commonlaw Spouse

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    Can you point me to the code that backs that up (misdemeanor for <1oz of plant material). From what I'm seeing in 16-13-30 (j)(2) (extract above) it looks like any amount is now a felony.

    Edit to add...
    Found it
     
    Last edited: Aug 11, 2017
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    http://law.justia.com/codes/georgia/2010/title-16/chapter-13/article-2/16-13-25
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    http://law.justia.com/codes/georgia/2010/title-16/chapter-13/article-2/16-13-21/
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    http://norml.org/laws/item/georgia-penalties
    Hash & Concentrates
    In Georgia, hashish and concentrates that contain more than 15% THC by volume are a Schedule I substance and are punished more harshly than natural-form marijuana.

    See

    Ga. Code Ann. § 16-13-25(3)(P) Web Search
    Ga. Code Ann. § 16-13-21 (16) Web Search
    Possessing less than 1 gram of a solid substance, less than 1 milliliter of a liquid substance or placed onto a secondary medium with a combined weight of less than 1 gram is a felony, punishable by imprisonment of not less than 1 year nor more than 3 years. Possessing 1 gram but less than 4 grams of a solid substance, 1 milliliter but less than 4 milliliters of a liquid substance or if placed onto a secondary medium with a combined weight of 1 gram but less than 4 grams is a felony, punishable by imprisonment of not less than 1 year nor more than 8 years. Possessing 4 grams but less than 28 grams of a solid substance, 4 milliliters but less than 28 milliliters of a liquid substance, or if placed onto a secondary medium with a combined weight of 4 grams but less than 28 grams is a felony punishable by imprisonment of not less than 1 year nor more than 15 years.

    Manufacturing, distributing, selling, or possessing hashish or concentrates with the intent to distribute is a felony, which is punishable by imprisonment for not less than 5 years nor more than 30 years. Upon conviction of a second or subsequent offense, the violator shall be imprisoned for not less than 10 years nor more than 40 years or life imprisonment.

    See

    O.C.G.A. § 16-13-30 Web Search
    Possession of paraphernalia with the intent to use said paraphernalia to ingest or produce hashish or concentrates is a misdemeanor, punishable by a maximum sentence of 1 year and prison and a maximum fine of $1,000.

    See

    O.C.G.A. § 16-13-32.2. Web Search
    Manufacturing, distributing, or possessing with intent to deliver hashish or concentrates within 1,000 ft. of a school, housing project, public park, or commercial drug-free zone is a felony, punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both. Subsequent offenses bring enhanced penalties.

    See

    O.C.G.A. § 16-13-32.4 Web Search
    O.C.G.A. § 16-13-32.5 Web Search
    O.C.G.A. § 16-13-32.6 Web Search
    Paraphernalia
    Possession of paraphernalia is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. Sale or possession with intent to distribute is a misdemeanor for the first offense punishable by up to 1 year imprisonment and/or a fine up to $1,000, a misdemeanor of a high and aggravated nature for a second offense punishable by up to 1 year imprisonment and/or a fine up to $5,000, and a felony for a third offense punishable by a minimum of 1 year and a maximum of 5 years imprisonment and a fine up to $5,000.

    See

    O.C.G.A. §§ 16-13-32 to 32.2 Web Search
    O.C.G.A. §§ 17-10-3 to 4 Web Search
     
  13. Phil1979

    Phil1979 Member Georgia Carry

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    He needs one of us on his jury, or at least someone with a little bit of common sense and a love of liberty.
     
  14. EJR914

    EJR914 Cheezburger Operator

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    The drug war is a great way to disarm people
     
  15. Phil1979

    Phil1979 Member Georgia Carry

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    Yep, because we can't have wide-eyed doped up fiends running around with guns. :roll:

    But ask a middle-class family if the "war on drugs" is worth losing their car and their house they worked hard for, just because their son had a few ounces of forbidden green herb stashed in their car and home.

    When will people realize that this is what tyranny looks like?


     
  16. moe mensale

    moe mensale Well-Known Member

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    The War On (Some) Drugs has been an overwhelming success! In more than 45 years and nearly $500 billion in costs, the US has put tens of thousands of drug fiends behind bars, confiscated millions of dollars of personal property, ruined thousands of lives beyond repair and made a mockery of due process, religious freedom and more! :jail: :applause:

    Of course, the fact that the CIA, DEA, State Dept and probably other depts. and agencies are neck deep in global drug trafficking is totally irrelevant to the discussion. :wink:
     
  17. Don27

    Don27 Member

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