Updated version Charges I was brought up on 21a-267 Penalty for use, possession or delivery of drug paraphernalia (a) No person shall use or possess with intent to use drug paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance, as defined in subdivision (9) of section 21a-240, other than a cannabis-type substance in a quantity of less than one-half ounce. Any person who violates any provision of this subsection shall be guilty of a class C misdemeanor. This charge is not valid for this case. The main phrase is other than a cannabis-type substance everything pertaining to this case was cannabis. And I might note, under my legal limit 21a-279 Penalty for illegally possession.(b) Any person who possesses or has under his control any quantity of a hallucinogenic substance other than marijuana or four ounces or more of a cannabis-type substance The charge again dismisses itself. I am being prosecuted against for possession of a hallucinogen (marijuana) under 4oz. The law refers to four ounces or more of a cannabis-type substance. Sec. 21a-277 (Formerly Sec. 19-480). Penalty for illegal manufacture, distribution, sale, prescription, dispensing (c) No person shall knowingly possess drug paraphernalia in a drug factory situation as defined by subdivision (20) of section 21a-240 for the unlawful mixing, compounding or otherwise preparing any controlled substance for purposes of violation of this chapter. Key word: Unlawful This falls under the palliative use of cannabis. No part in this chapter was violated and nothing was prepared for the purpose of violating this chapter. It was prepared by and for the palliative use of marijuana. It was prepared by both of the registered medical marijuana patients when they were residing together prior to the incident. In the definition of factory in 21a-240 it even states illegal substances contrary to the provisions of this chapter. Medical marijuana was completely legal for both of the individuals. 21a-246 License to manufacture, wholesale, supply, compound, etc. (This is just a generalized statement) DID a patients medical marijuana card serve as there license to cultivate cannabis prior to dispensaries opening. I thought so, many other patients thought so. It was even an implied right to grow by Michael Lawler. Under 420f 21a-408a a patient cant be arrested or prosecuted against for possession of marijuana, marijuana as described in sec 21a-240 (29) Marijuana means all parts of any plant, or species of the genus cannabis or any infra specific taxon thereof, whether growing or not or paraphernalia, meaning drug paraphernalia as described in section 21a-240 (20) (A) Drug paraphernalia refers to equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing or concealing, or ingesting, inhaling or otherwise introducing into the human body, any controlled substance contrary to the provisions of this chapter
Posted on: Tue, 09 Dec 2014 14:14:44 +0000
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