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GPDO Commonlaw Spouse
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Discussion Starter · #1 · (Edited)
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

TheFirearmBlog said:
If unconfirmed internet speculation is true, (really???) in Georgia possession of even small amounts of marijuana plant or any amount of other kinds of marijuana products that are not plant material, such as THC oil, is a felony. In addition to being prohibited from purchasing or possessing firearms as a felon, he would be prohibited from buying guns in accordance with 18 USC 922(g)(3).
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.

§ 16-13-30 said:
(c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:

(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years;

(2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and

(3) (A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.
and goes on...

§ 16-13-30 said:
(j) (1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.

(2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
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.

§ 16-11-29 said:
(I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of:
(i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or
(ii) Any conviction under subparagraphs (E) through (G) of this paragraph
for at least five years immediately preceding the date of the application;
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?
 

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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?
 

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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.
 

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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.
 

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GPDO Commonlaw Spouse
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Discussion Starter · #9 · (Edited)
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.
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
§ 16-13-2 said:
§ 16-13-2. Conditional discharge for possession of controlled substances as first offense and certain nonviolent property crimes; dismissal of charges; restitution to victims
(a) Whenever any person who has not previously been convicted of any offense under Article 2 or Article 3 of this chapter or of any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug, the court may without entering a judgment of guilt and with the consent of such person defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require, preferably terms which require the person to undergo a comprehensive rehabilitation program, including, if necessary, medical treatment, not to exceed three years, designed to acquaint him with the ill effects of drug abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Code section may occur only once with respect to any person.
(b) Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months.
(c) Persons charged with an offense enumerated in subsection (a) of this Code section and persons charged for the first time with nonviolent property crimes which, in the judgment of the court exercising jurisdiction over such offenses, were related to the accused's addiction to a controlled substance or alcohol who are eligible for any court approved drug treatment program may, in the discretion of the court and with the consent of the accused, be sentenced in accordance with subsection (a) of this Code section. The probated sentence imposed may be for a period of up to five years. No discharge and dismissal without court adjudication of guilt shall be entered under this subsection until the accused has made full restitution to all victims of the charged offenses. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Code section may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector.
 

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(16) "Marijuana" means all parts of the plant of the genus Cannabis, 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; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination.
http://law.justia.com/codes/georgia/2010/title-16/chapter-13/article-2/16-13-21/
 

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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
 

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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.
 

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The drug war is a great way to disarm people
 

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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?

The drug war is a great way to disarm people
 

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The drug war is a great way to disarm people
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:
 
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