It’s been there the whole time. :-O OMG!
Hello out there,
Aloha. Looking in the law library computer this afternoon our friend Chico Martines decided to go to the basics and simply look-up the federal definition of ‘marijuana’. We both heard B.E. Smith say this on WEED WARS tv show on the Discovery Channel a few weeks ago … but it couldn’t be … or could it?
(16) The term “marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the 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.
It’s been there THE WHOLE TIME! The federal definition of ‘marijuana’ is ONLY for Cannabis sativa L., not Cannabis Indica, the most common type. As far as I know, virtually everyone grows hybrids of Cannabis Indica. It’s very rare that someone grows a ‘pure sativa’ strain.
Chico was recently convicted of growing 111 marijuana plants, but they were all Indica; zero Sativas. He’s now facing a sentence of 25 YEARS because of prior convictions. Do you know that in the federal system prior sentences – although completely served and 100% overwith – must be served AGAIN – plus any new federal sentence? Does anyone out there know this horrible fact? [ Big-time criminals NEED small-time criminals to take the ‘heat’ off of them. ]
The Green Fourteen are being prosecuted for growing, possessing and conspiring to distribute 284 ‘marijuana’ plants. I don’t know exactly what strain they were, but it’s more than likely that they were a strain of Indica, not Sativa. Time to find out EXACTLY what the plants in evidence are. It’s likely that they are NOT ‘marijuana’ according to federal law.
Can it be this easy? Are all medical marijuana growers and dispensary owners, and all other federal marijuana cases missing this central point – this fundamental definition of what is – and what isn’t – “marijuana”? I don’t know whether to laugh or cry. :-O
All the best to everyone,