THE IDAHO CODE AT 37-2716(c)(3)

ALLOWS ME TO LAWFULLY “POSSESS”

MARIJUANA BECAUSE I AM THE
37-2701(dd) “ULTIMATE USER.”
Idaho Law at 37-2716 at subsection (c)(3) clearly reads that:

37-2716. REGISTRATION
REQUIREMENTS.
. . . (c) THE FOLLOWING PERSONS need not
register and MAY LAWFULLY POSSESS controlled
substances under this act: . . . (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 schedule V substance.

It is a undisputed fact that Idaho Law at subsection (c)(3) of 37-2716 clearly states that an
“ULTIMATE USER” need NOT register AND MAY LAWFULLY POSSESS MARIJUANA.
Furthermore, Idaho Law ORS at 37-2701(dd) defines a person who lawfully possesses
MARIJUANA for his own use as the ULTIMATE USER and clearly reads:

“37-2701. DEFINITIONS. As used in this act:

. . . (dd) "ULTIMATE USER" MEANS A PERSON
WHO LAWFULLY POSSESSES A CONTROLLED
SUBSTANCE FOR HIS OWN USE or for the use of a
member of his household or for administering to an animal
owned by him or by a member of his household.”

Furthermore, it is NOT illegal to “possess” or “USE” “drug paraphernalia” unless you

are using it with intent to deliver or manufacture with intent to deliver as stated at Idaho
Codes at 37-2734A which reads:

37-2734A. PR OH IBITE D A CT S D -- PEN ALT IES. (1) It is unlawful for any person to use,
 or to possess with intent 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. (2)
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any
advertisement, know ing, or under circum stances where one reasonably should kno w, that the purpose
of the advertisement, in whole or in part, is to prom ote the sale of ob jects designed or intended for use
as drug paraphernalia. ...”

Idaho Law clearly provides that: “(1) IT IS UNLAWFUL FOR ANY PERSON TO USE,
OR TO POSSESS WITH INTENT TO USE DRUG PARAPHERNALIA TO . . .
MANUFACTURE . . . TO PROMOTE THE SALE.” Therefore, the mere “use” and “possession”
of the “drug paraphernalia” by itself is not illegal if you are the 37-2716(c)(3) “ultimate user” as
defined by 37-2701(dd) unless they charge you with and prove that you used the drug paraphernalia
with the intent to sell or deliver, or manufacture with intent to sell or deliver as stated in
subsection (1) & (2) of 37-2734A supra.

“THE STATUTE IS VIOLATED ONLY IF POSSESSION IS ACCOM PANIED BOTH

BY KNOW LEDGE of the nature of the act AND ALSO B Y THE INTENT “TO
M ANUFAC TURE, DIS TR IBU TE, OR DIS PE NSE.” United States v. Clark, 475 F.2d 240, 248-49
(2d Cir. 1973).” UNITED STATES v. JEWELL , 532 F.2d 6 97 (9 th Cir. February 27, 197 6.) (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 the PHARMACEUTICAL CODE
unless you have or possess a PHARMACEUTICAL LICENSE on the following authority:
"privilege" . . . is synon ymo us w ith licen se . . . . The possession o f a . . . license is a
prerequisite to violation of this statute. . . . On appe al 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 .......Licen se is
synonymous with privilege, since Cole did not have a license, and that state did not grant Co le
a license, THE STATE CANNOT SUSPEND WH AT HE DO ES NOT HAV E." Aberdeen v.
Co le, 13 W n. App. 6 17, 537 P .2d 1 073 (Jun e 10, 1975). (See also United States v. Jin Fuey Moy,
241 U.S. 394 (June 5, 19 16.)

CALL Luis Anthony Ewing (253) 226-3741 or Kurt Ranald Riggin (303) 822-8921 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!
Write to Luis at: <rcwcodebuster@comcast.net> or to hear Luis & Kurt speak, go to:
<www.TruthRadio.com> or <www.RBNLive.com> or <www.VeritasRadio.com>