U.S. and Californian criminal law codes outlaw only one species of the cannabis plant family: cannabis sativa UNITED STATES CODE SERVICE TITLE 21. FOOD AND DRUGS CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL CONTROL AND ENFORCEMENT INTRODUCTORY PROVISIONS
21 USCS Section 802 (1996) Section 802. Definitions As used in this title: (16) The term "marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such 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.
Fact: Most marijuana being grown and consumed in Northern California by medicinal and recreational users is cannabis indica - - a different cannabis plant species from cannabis sativa L., the only cannabis species that is specifically criminalized by California and Federal laws.
Our California State Constitution requires that every law be clearly written so that the average citizen can understand it. California law only criminalizes one marijuana plant species: Cannabis Sativa L. It is Cannabis Indica that is being grown, distributed and used by most California marijuana growers and users. Medical usage of marijuana is gaining ground in the United States and the world. And this is helpful but still, religious rights are being violated in many court decisions involving sacramental usage of this herb. It is not known by the public that in California cannabis indica is legal under state law because it isn't. Through one ruling by the 9th Circuit Court in San Francisco I think it was the courts and police formed a conspiracy to keep this fact from being used as a defense against prosecution. Our State Constitution is very clear on the matter.
11018:Mj of the California Health and Safety Codes states: "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 the plant, its seeds or resin. It does not include the mature stalk of the plant, fiber produced from the stalk, etc.".
Botanical science worldwide has recognized multiple species of marijuana for well over a century. Both botanists and growers of marijuana will confirm the fact of multiple species of marijuana. Cannabis Indica is the primary cannabis species grown here in the heart of the "Emerald Triangle" of Northern California because it is the most potent, and therefore the most commercially viable species.
Our California State Constitution has a general provision which states that every state law must be written in clear and precise language so that the average citizen understands it. And such is written the above law outlawing possession and cultivation of Cannabis Sativa L., and not Cannabis Indica, an entirely different species. A person possessing or cultivating Cannabis Indica is not breaking the state prohibition against Cannabis Sativa L. and prosecuting such people who possess or cultivate Cannabis Indica is a form of entrapment which is an illegal prosecution procedure. There is in place a conspiracy of law enforcement agencies and the courts to deny citizens knowledge of this fact. The courts have ruled that it is "the intent of the law to cover all species." Using this subterfuge, law enforcement and the courts continue to throw innocent victims into jail with no legal right. But thus far, the police and the judges have not been stopped from using this conspiracy to deny citizen their legal rights and to throw many innocent people into jail. marijuana legalization has had to come in through the back door, as medicine. The U.S. follows the Cannabis Sativa L. prohibition as does the U.N. so, the conspiracy goes all the way to the top. It must and will be exposed and broken as the New Millennium dawns. Meanwhile, use of the New Sacrament is legal, yet can be prosecuted under false law enforcement.
As one of many living here in Humboldt County whose medicine bag always contains a supply of my personal sacred herb, I urge organization of a Sacramental Rights Coalition to raise a solid defense for the legal recognition of our new sacrament and for the protection of other religion's sacraments.
The longer the new Burning Bush sacrament remains criminalized, the longer aggression and violence by males will dominate social relationships.
"Specific" and "Species" share the same etymological root. If the specific legal language of the state and federal marijuana laws cannot differentiate between species then these words "specific" and "species" become virtually meaningless in our common language. Sentences are then being handed down in a legally and prejudicial manner that can profoundly impact millions of lives. It is time to clarify our state's intentions about marijuana prohibition and prosecution so that no one is misled into breaking the law. We don't want the law entrapping citizens in confused language.
Our Constitution defines the limitation of federal jurisdiction in Article 1, Section 8. Further, Amendment X states that"the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
California legalized recreational pot as well as medicinal pot usage but the Feds are still trying to keep it criminalized. Quite a few States have legalized marijuana usage now and so again the Federal government bureaucrats are out of synch with the rest of the country.