Posted by: "rcwcodebuster" rcwcodebuster@yahoo.com rcwcodebuster Sat Sep 20, 2008 10:16 pm (PDT) From Luis Ewing at (253) 226-3741 or rcwcodebuster@comcast.net or rcwcodebuster@yahoo.com or <rcwcodebuster@gmail.com> or <rcwcodebuster@hotmail.com> New Web Sites: <www.luisewing.com> or <www.ultimateusers.com> SUBJECT: LAWFUL POSSESSION AND USE OF MARIJUANA AS THE "ULTIMATE USER." There are two 2 types of Marijuana Possession. One is Legal and the other is Illegal. 1.) Possession with Intent to Deliver is Illegal. 2.) Possession with Intent to smoke it yourself and NOT for distribution is NOT Illegal! Possession by itself is NOT illegal if you are the ULTIMATE USER "or" disjunctively if you are a person who has a medical authorization i.e. a "prescription." Possession with Intent to Deliver a "controlled substance" is the LESSOR BUT INCLUDED OFFENSE of the MAIN OFFENSE of Manufacturing with Intent to Deliver a "controlled substance" other than marijuana. However, you cannot MANUFACTURE Marijuana because it GROWS in Nature. QUESTION: How do you Manufacture a Tree? ANSWER: You cannot manufacture a tree, because it grows naturally! QUESTION: Can you Manufacture Dandylions? ANSWER: Dandylions grow naturally, they are not manufactured. QUESTION: Can you Manufacture crab grass? ANSWER: NO, crab grass grows, it is not manufactured. QUESTION: Can you Manufacture Roses? ANSWER: NO, roses grow, they are not manufactured. You cannot Manufacture a Plant! A Plant grows in nature, it is NOT manufactured. METH AMPHETAMINES for example is a MAN MADE DRUG and has to be MANUFACTURED!!!! METH AMPHETAMINES does NOT grow in nature, it has to be MANUFACTURED!!!! That means that the cops must first charge you with the MAIN OFFENSE OF MANUFACTURING WITH INTENT TO DELIVER a "controlled substance" other than marijuana before they can charge you with the LESSOR BUT INCLUDED OFFENSE OF POSSESSION WITH INTENT TO DELIVER a "controlled substance" other than marijuana. That's right, the cops must have EVIDENCE that you are MANUFACTURING MARIJUANA (AN IMPOSSIBILITY) in the first instance before they can charge you with the "lessor but included" offense of "possession with intent to deliver." However, pot cannot be "manufactured" because it "grows." Therefore, you cannot be charged with MANUFACTURING WITH INTENT TO DISTRIBUTE MARIJUANA, because it is growing, it is NOT being manufactured! To state it another way, you cannot be charged with POSSESSION WITH INTENT TO DELIVER ANY CONTROLLED SUBSTANCE OTHER THAN MARIJUANA unless they first have EVIDENCE that you are MANUFACTURING WITH INTENT TO DELIVER. However, those charges do NOT apply to the GROWING of marijuana! Those charges only apply to the MANUFACTURING of a controlled substance other than marijuana! In fact there is a Statute in every State that prohibits and makes it illegal to Manufacture with Intent to distribute "controlled substances" except for California which has unlawfully deviated from the Federal Standard found at 21 U.S.C. et seq. But there is NO statute that prohibits the mere GROWING of marijuana for your own personal an recreational use as an "ultimate user" in State or Federal law, except for California which has unlawfully deviated from the Federal Law as codified at 21 U.S.C. et seq., without Congressional approval as required by law. There is NO Statute in existence in any State that prohibits and makes it illegal to Grow your own pot for your own individual use and consumption as a recreational and ULTIMATE USER and NOT for distribution, except for California which has illegally changed the wording of the Federal Law which only prohibits "Manufacturing With Intent to Deliver or Distribute" a controlled substance. That's right, you can legally grow your own pot for your own individual use "or" recreational use and NOT for distribution as the ULTIMATE USER and there is not a damn thing that the cops can do about it! Don't believe it? Send a RCW 42.17 et seq. & RCW 42.56 et seq. Public Disclosure Request to your local County Prosecutor and/or your local County Sheriff and to your local Chief of Police for the city that you live in and ask them to provide you a copy of any RCW ______________statute that PROHIBITS ANYONE FROM "GROWING" MARIJUANA FOR THEIR OWN PERSONAL USE and watch ALL of them come up with ZERO, ZIP and NADA. The criminally corrupt WSBA ATTORNEYS will MISSTATE THE LAW and tell you that you can't grow pot and then cite RCW 69.50.401 which clearly ONLY PROHIBITS MANUFACTURING WITH INTENT TO DISTRIBUTE. RCW 69.50.401 clearly states in part . . . "Except as authorized by this chapter, it is unlawful for any person to MANUFACTURE, DELIVER, OR POSSESS WITH INTENT TO MANUFACTURE OR DELIVER, A CONTROLLED SUBSTANCE. . . ." It is UNDISPUTED that NO part of RCW 69.50.401 says that anyone is PROHIBITED from GROWING their own pot for their own personal and recreational use as an ULTIMATE USER and NOT for distribution! (All emphasis added). MARIJUANA IS NOT ILLEGAL, NEVER HAS BEEN AND NEVER WILL BE! Marijuana is NOT a crime and is NOT listed in Title 9 Crimes & Punishment's of the Revised Code of Washington! Marijuana is NOT a crime and is NOT listed in Title 9A Washington Criminal Code of the Revised Code of Washington! Marijuana is NOT a crime and is NOT listed in Title 10 Criminal Proceeding's of the Revised Code of Washington! Marijuana Offenses have been listed in THE PHARMACEUTICAL CODE in every State and NOT in the criminal code in any State. Marijuana Offenses under the Void for Vagueness Doctrine not naming any other class of persons that a LICENSED MEDICAL PRACTITIONER or LICENSED PHARMACIST therefore should only apply to a LICENSED MEDICAL PRACTITIONER or a LICENSED PHARMACIST who is prescribing the Marijuana as some type of cure for some disease. (Research is being done in this area to prove this point.) A Statute to be Constitutional must name the class of persons it is applicable to and make a reasonable distinction as to which class of people or classes of people that fall within and without the scope and authority of the Statute. RCW 69 clearly only applies to a LICENSED MEDICAL PRACTITIONER OR LICENSED PHARMACIST! (See United States v. Jin Fuey Moy, 241 U.S. 394 (June 5, 1916.) ARE YOU A LICENSED MEDICAL PRACTITIONER OR LICENSED PHARMACIST? Are you a LICENSED MEDICAL PRACTITIONER or a LICENSED PHARMACIST prescribing or advertising Marijuana as some type of a cure for some type of a disease? We do NOT need to LEGALIZE MARIJUANA because it already is LEGAL in the first place. Who is really behind the MARIJUANA LEGALIZATION MOVEMENT? THE FEDERAL GOVERNMENT, THAT'S WHO! ARE YOU SHOCKED YET? To understand this argument, we need to remember Al Capone, the Moonshiners and Bootleggers during the times of ALCOHOL PROHIBITION! Basically, Dope Dealers are in the same position as the bootleggers were during the times of prohibition. The Federal Government, i.e. the Federal Mafia used their Executive Police Powers to harass the Moonshiners and Bootleggers until their was enough of a public outcry to have a Constitutional Convention to Amend the Constitution to make the Sale of Alcohol Legal and that is why we have State Regulated Liquor Stores Today! And you can see the State Liquor License's are conspicuously posted on the wall by any walk in cooler in any Albertson's, Safeway and QFC. The Federal Government, i.e. the Federal Mafia was pissed off because they were not getting what they perceived as their "cut of the action" and today the Federal Mafia is again using their executive police powers to harass dope dealers, because they wish to "legalize" marijuana and give themselves the authority to regulate and tax the shit out of marijuana and make themselves your ONE (1) AND ONLY DOPE DEALER AND CORNER THE MARKET ON SELLING POT! Right now the sale of Marijuana is an unregulated industry that they have NO authority to regulate or tax and the Federal Mafia is basically after their form of "LEGALIZED PROTECTION MONEY," i.e. they are going to raid your homes, beat you up, trump up bogus charges of "Manufacturing With Intent to Distribute Marijuana" against you even though the cops and prosecutors and judges know that they cannot make this type of charge stick without evidence or proof of a sale and delivery or attempted delivery and they will keep putting you into jail until you are dumb enough to "vote" to give them authority to be your ONE (1) and only DOPE DEALER in violation of the Sherman Anti-Trust Act which prohibits Illegal Monopolies. That's right, the crooked and corrupt WSBA ATTORNEYS all want you to vote to legalize Marijuana which effectively will give them an exclusive Monopoly to be your ONE (1) AND ONLY POT DEALER! The Federal Mafia hopes to sell "their" Marijuana Joints in every local liquor store right next to your bottle of Tequila and Vodka and they will TAX THE SHIT OUT OF IT and make the penalties even more severe for those who are growing and selling without their LICENSE'S so to do. (All Emphasis added.) Here is the Flyer you must hand to cops if you get caught with any amount of marijuana, as it does not matter if it is one joint or ten pounds or a hundred pounds. If you get caught with Marijuana be sure to ask the cops the following: 1.) Officer, is it true that you are wearing a hidden microphone on your person and that you are recording everything that I say? 2.) Officer, is it true that if I ask you to write down every question that I am going to ask you, that you are required to write it down in your police narrative report? 3.) Officer, is it true that your Police Department has a written policy that if anyone demands that you call your Supervisor, that you are required to do so at the risk of losing your job? 4.) Officer, do you see any Pot Plants growing in my car? 5.) Officer, does my car look like a rolling Pot Farm? 6.) Officer, you cannot charge me with the Lessor but Included Offense of Possession with Intent to Deliver unless you first charge me with the Main Offense of Manufacturing With Intent to Deliver. 7.) Officer, I demand that you write all of these questions that I have asked you in your police report and if you are recording me, I would like to repeat these questions for the record so that I can have proof that I have asked you these questions. 8.) Officer, did you see me selling or distributing this marijuana? 9.) Officer, do you have any evidence or proof that I sold or attempted to sell any marijuana? 10.) Officer, do you have any evidence or proof that I delivered or attempted to deliver marijuana to you or anybody else? 11.) Officer, I am now going to hand you a copy of this Free Flyer from Tribal Court Lawyers Luis Ewing and Kurt Riggin that shows you the specific RCW State Statute that allows me to LAWFULLY POSSESS MARIJUANA FOR MY OWN INDIVIDUAL USE AND PURPOSES AND NOT FOR DISTRIBUTION IF I AM THE ULTIMATE USER. 12.) Officer, did you know that both Federal Law at 21 U.S.C. 822(2)(C)(3) and the Revised Code of Washington at RCW 69.50.302(c)(3) ALLOWS ME TO "POSSESS" MARIJUANA BECAUSE I AM THE "ULTIMATE USER." RCW 69.50.302(c)(3) Registration requirements properly reworded clearly reads: "(c) The following persons need NOT register and MAY LAWFULLY POSSESS controlled substances under this chapter: . . (3) AN ULTIMATE USER or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a substance included in Schedule V." The Statutes clearly say that you can LAWFULLY POSSESS CONTROLLED SUBSTANCES if you are 1 of 2 distinct and separate classes of person(s). The ULTIMATE USER "or" a person who has a prescription! The word OR is a DISJUNCTIVE WORD! The affirmation of 1 word eliminates the other word! I CAN BE ONE OR THE OTHER! An ULTIMATE USE is defined as the person who uses the controlled substance for his or her own INDIVIDUAL USE and NOT for DISTRIBUTION! An ULTIMATE USER can LAWFULLY administer the controlled substance to a member of his HOUSEHOLD! An ULTIMATE USER can LAWFULLY administer the controlled substances to an animal or pet owned by him! THAT'S RIGHT, WASHINGTON LAW AND THE LAW FROM MANY OTHERS STATES PROVIDES THAT I CAN LAWFULLY GET MY DOGS AND CATS STONED! I first wrote the FREE ULTIMATER USER POT FLYER over FIVE (5) YEARS ago and handed out more than 10,000.00 copies at the HEMP FEST in Seattle, Washington and still NO ONE has been charged with possession who hands my flyers to the cops! To date, NOT even ONE (1) person in this State who has presented my FREE ULTIMATE USER POT FLYER to the cops has been charged with or busted for possession of any amount of marijuana, including my own wife who got pulled over by Pierce County Sheriff's with HALF A POUND of marijuana. I have been told by the cops that the court's have specifically instructed all law enforcement in the State to NOT charge anyone with possession of marijuana if they have my FREE ULTIMATER USER FLYER! Why is that? Because if the ULTIMATE USER issue was to hit the court's, EVERYONE who is currently getting charged or busted for POSSESSION or POSSESSION WITH INTENT TO DELIVER will just simply say that they are an ULTIMATE USER and since THE COPS and THE PROSECUTORS have no EVIDENCE or NO PROOF that I either DELIVERED or ATTEMPTED TO DELIVER, you can't bust me for MERE POSSESSION of any amount of any controlled substance. Do you realize how many people they would have to let out of jail right now if the ULTIMATE USER issue were to hit the court's? Do you have any clue how much MONEY that the court's would stand to lose if the ULTIMATE USER statutes were known to the general public? THAT'S HOW AWESOME MY FREE ULTIMATE USER FLYERS ARE! YOU DON'T EVEN GET BUSTED OR CHARGED WITH POSSESSION IN THE FIRST PLACE! AND WHY SHOULD YOU IF YOU BOUGHT THE DOPE FOR YOUR OWN PERSONAL AND RECREATIONAL USE AS THE ULTIMATE USER STATUTE SAYS THAT YOU CAN LAWFULLY DO! 13.) Officer, did you know that both Federal Law at 21 U.S.C. 802 at subsection (27) and the Revised Code of Washington at RCW 69.50.101 (b)(b) defines an ULTIMATE USER as: See RCW 69.50.101 (bb) & 21 U.S.C. 802(27) defining ultimate user: "RCW 69.50.101 (bb) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household." (Washington law allows me to get my dogs & cats HIGH if I want to!) It is a CR 8(d) undisputed fact that both Federal Law at 21 U.S.C. 822 (2)(C)(3) and the Washington Codes at RCW 69.50.302(c)(3) clearly states that an "ULTIMATE USER" need NOT register AND MAY LAWFULLY POSSESS MARIJUANA! Furthermore, it is NOT illegal to "possess" "drug paraphernalia" under RCW 69.50.412 and nor is it illegal to "USE" "drug paraphernalia" unless you are using it with intent to deliver or manufacture with intent to deliver as stated in RCW 69.50.412 at subsection (2) which reads: "RCW 69.50.412 Prohibited acts: E__Penalties. (1) It is unlawful for any person to "USE" drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor. (2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. ..." (Hey Officer Friendly: Did you "SEE" me "USING" my pipe???) RCW 69.50.412(1) and (2) clearly reads: "(1) IT IS UNLAWFUL FOR ANY PERSON TO USE DRUG PARAPHERNALIA . . . WITH INTENT TO DELIVER, POSSESS WITH INTENT TO DELIVER, OR MANUFACTURE WITH INTENT TO DELIVER DRUG PARAPHERNALIA." Gee OFFICER FRIENDLY, when you found the POT PIPE in my back pocket, did you see me smoking my POT PIPE out of my BUTT???? Therefore, possession of the "drug paraphernalia" by itself is not illegal! Furthermore, you cannot be charged with the mere "using" of the drug paraphernalia if you are the "ultimate user" as stated in RCW 69.50.302(c)(3) as defined by RCW 69.50.101(b)(b), unless they charge you with and prove that you used the drug paraphernalia with the intent to deliver, or manufacture with intent to deliver as stated in subsection (2) of RCW 69.50.412 supra. "THE STATUTE IS VIOLATED ONLY IF POSSESSION IS ACCOMPANIED BOTH BY KNOWLEDGE of the nature of the act AND ALSO BY THE INTENT "TO MANUFACTURE, DISTRIBUTE, OR DISPENSE." United States v. Clark, 475 F.2d 240, 248-49 (2d Cir. 1973)." UNITED STATES v. JEWELL, 532 F.2d 697 (9th Cir. February 27, 1976.) (It is crystal clear that 21 U.S.C. 841(a)(1) is worded in the conjunctive "and.") United States v. Jewell, supra, makes it clear that you cannot be charged with the "lessor but included offense" of "possession" unless they also charge you with "manufacturing with intent to distribute." –– POSSESSION BY ITSELF IS NOT ILLEGAL!!! Furthermore, you cannot be charged with any violation of RCW 69. et seq. the PHARMACEUTICAL CODE unless you have or possess a RCW 69 PHARMACEUTICAL LICENSE on the following authority: "privilege" . . . is synonymous with license . . . . The possession of a . . license is a prerequisite to violation of this statute. . . . On appeal the Superior court dismissed the charges against Cole on the ground that since he had no . . . license, he had no privilege . . . [2] the statute refers to those whose "privilege" . . . is suspended. Cole never had any type of privilege .......License is synonymous with privilege, since Cole did not have a license, and that state did not grant Cole a license, THE STATE CANNOT SUSPEND WHAT HE DOES NOT HAVE." Aberdeen v. Cole, 13 Wn. App. 617, 537 P.2d 1073 (June 10, 1975). (See also United States v. Jin Fuey Moy, 241 U.S. 394 (June 5, 1916.) MARIJUANA IS NOT ILLEGAL AND NEVER HAS BEEN! THE REVISED CODE OF WASHINGTON IS NOT THE LAW! "But the legislature specifically disclaimed any intention to change the meaning of any statute. The compilers of the code were not empowered by congress to amend existing law, and doubtless had no thought of doing so .." ...the act before us does not purport to amend a section of an act, but only a section of a compilation entitled "REVISED CODE OF WASHINGTON," WHICH IS NOT THE LAW. Such an act purporting to amend only a section of the prima facie compilation leaves the law unchanged. En Banc." Parosa v. Tacoma, 57 Wn.(2d) 409 (Dec.22, 1960). RCW 69 et seq. LIKEWISE IS NOT THE LAW, NEVER HAS BEEN & NEVER WILL BE!!! CALL Tribal Court Lawyers Luis Anthony Ewing (253) 226-3741 or Kurt Ranald Riggin (303) 463-4437 for help with Drug Possession, D.U.I.''S, Driving While License Suspended Violations. WE DRIVE WITH NO DRIVER''S LICENSE''S & SMOKE POT AND SO CAN YOU! Luis Ewing's E-Mail: <rcwcodebuster@comcast.net> or <rcwcodebuster@yahoo.com> Kurt Riggin E-Mail: <kurt@gunsandyoga.com>