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Old 04-19-2007, 08:17 PM   #17
BrainSmashR
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Quote:
Originally Posted by joepole
>Try again.


OK, I'll go slower.

>The difference between possessing and smoking is that if you are not caught with drugs on your person or in your vehicle ,then you have essentially "not" committed a drug violation regardless of admission or level of intoxication.

If a court can prove that you smoked marijuana then they have met the standard for possession of marijuana and you could be convicted of that crime:

LA R.S. 40§966.

C. Possession. It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner or as provided in R.S. 40:978, while acting in the course of his professional practice, or except as otherwise authorized by this Part.


Your non-sequitur about walking up to cops has nothing to do with whether or not it is against the law to smoke marijuana, a statement you originally made in support of a point (that "meeting a minor for a sexual encounter isn't illegal") that turned out to be untrue, anyway. Admitting to a cop that you previously smoked marijuana would garner the exact same result as admitting to a cop that you previously had a bag of unsmoked marijuana in your pocket.

As a practical matter I can't imagine many jurisdictions would waste the resources to prosecute a possession case like that, but the fact remains that you can't smoke marijuana without possessing it, so the act of smoking is covered by the statute. As is the act of licking marijuana, dancing with marijuana, or shoving marijuana in your ear.

Bill Clinton admitted to smoking pot, Einstein. Never came up during his impeachment.

Now why do you reckon every single Republican ignored this fact during the Clinton impeachment hearings if smoking constitutes possession, and therefore a crime?

Here's a clue, smoking DOES NOT constitute possession.

Now if you care to show a court case where someone was convicted of possession simple because the court proved they were a user, then I'm all ears.....errr eyes.
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