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FW: BEAT GROWING POT CHARGES

WITH LUIS EWING AND SAVE 20% TO 30%!!!!


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>

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