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Proposed Measure 5 changes (Medical Marijuana)
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<blockquote data-quote="deleted member" data-source="post: 153835" data-attributes="member: 816"><p>i got another gripe on a related issue. ND currently treats "hashish" and similarly made marijuana derivatives (from pot resin) as a class C Felony and marijuana and all other marijuana derivatives as a class B misdemeanor. the difference between pot oil and hash is trivial at best and in reality meaningless. think crack cocaine v. cocaine. anyway...without getting into too much detail in this post about the language in the NDCC and how easy it would be to change... </p><p></p><p>i wrote to our local senator and 3 of the reps on the committee that were dealing with the MM kerfuffle (after my local referred me to them) about what a judicial travesty and cluster fuck it is. i even volunteered to draft the bill or the required section in their MM bill. crickets. so, for the next two years (at least) we will continue to make felons (with all of the consequences thereof) out of someone possessing hash which is derived from the resin of the cannabis plant. whilst barely slapping the fingers of people possessing pot or anything made from any part of the plant except the "resin".</p><p></p><p>here are the 2 definitions if anyone cares: </p><p></p><p>"Hashish" means the resin extracted from any part of the plant cannabis with orwithout its adhering plant parts, whether growing or not, and every compound,manufacture, salt, derivative, mixture, or preparation of the resin.</p><p></p><p>"Marijuana" means all parts of the plant cannabis whether growing or not; the seedsthereof; the resinous product of the combustion of the plant cannabis; and everycompound, manufacture, salt, derivative, mixture, or preparation of the plant or itsseeds. The term does not include the mature stalks of the plant, fiber produced fromthe stalks, oil or cake made from the seeds of the plant, any other compound,manufacture, salt, derivative, mixture, or preparation of mature stalks, fiber, oil, orcake, or the sterilized seed of the plant which is incapable of germination.</p><p></p><p>possession of any controlled substance is a class C felony in ND. but, there is an exception (class B misdemeanor) for 1 ounce or less of anything that falls under the definition of "marijuana"... which hash clearly does... but, since it has its own separate definition in the NDCC, it falls outside that exception and is still a felony. so 0.99 ounces of pot = slap on the wrist with court costs and a deferred imposition probably. 0.10 GRAMS of hash (made from the same plant) = Class C Felony. </p><p></p><p>ridonkulous</p></blockquote><p></p>
[QUOTE="deleted member, post: 153835, member: 816"] i got another gripe on a related issue. ND currently treats "hashish" and similarly made marijuana derivatives (from pot resin) as a class C Felony and marijuana and all other marijuana derivatives as a class B misdemeanor. the difference between pot oil and hash is trivial at best and in reality meaningless. think crack cocaine v. cocaine. anyway...without getting into too much detail in this post about the language in the NDCC and how easy it would be to change... i wrote to our local senator and 3 of the reps on the committee that were dealing with the MM kerfuffle (after my local referred me to them) about what a judicial travesty and cluster fuck it is. i even volunteered to draft the bill or the required section in their MM bill. crickets. so, for the next two years (at least) we will continue to make felons (with all of the consequences thereof) out of someone possessing hash which is derived from the resin of the cannabis plant. whilst barely slapping the fingers of people possessing pot or anything made from any part of the plant except the "resin". here are the 2 definitions if anyone cares: "Hashish" means the resin extracted from any part of the plant cannabis with orwithout its adhering plant parts, whether growing or not, and every compound,manufacture, salt, derivative, mixture, or preparation of the resin. "Marijuana" means all parts of the plant cannabis whether growing or not; the seedsthereof; the resinous product of the combustion of the plant cannabis; and everycompound, manufacture, salt, derivative, mixture, or preparation of the plant or itsseeds. The term does not include the mature stalks of the plant, fiber produced fromthe stalks, oil or cake made from the seeds of the plant, any other compound,manufacture, salt, derivative, mixture, or preparation of mature stalks, fiber, oil, orcake, or the sterilized seed of the plant which is incapable of germination. possession of any controlled substance is a class C felony in ND. but, there is an exception (class B misdemeanor) for 1 ounce or less of anything that falls under the definition of "marijuana"... which hash clearly does... but, since it has its own separate definition in the NDCC, it falls outside that exception and is still a felony. so 0.99 ounces of pot = slap on the wrist with court costs and a deferred imposition probably. 0.10 GRAMS of hash (made from the same plant) = Class C Felony. ridonkulous [/QUOTE]
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