JCT: You'll remember how Derek Francisco had his marijuana
cultivation and possession charges dropped and his medpot
returned. He'd applied for his MMAR exemption to grow in
September 2005, was busted in January 2006, got his MMAR
Exemption in April 2006. He filed an application to prohibit
his S.7 cultivation charge on the grounds it was no longer
known to law since it was invalidated on Feb 2 2002 by the
Krieger Court of Appeal of Alberta.
On May 29 2006 at Ontario Superior Court in Lindsay, the
Crown Attorney said he would take a guilty plea on the
section 7(1) cultivation charge for 1 year probation with no
reporting but all Derek's herb and grow equipment would be
seized. Derek insisted on getting the equipment back. The
Crown relented and agreed. Then Derek said he wanted his
seized 196 grams of marijuana back. The Crown agreed. And
then Derek said: "No, I can't plead guilty to a law that no
longer exists in Canada. I get a complete walk on the
charges with all my stuff or there's no deal." And the
Ministry of Justice folded their tent and withdrew the
charge and returned everything seized including his
cannabis.

So they ducked the Derek Francisco's Krieger argument by
giving up. And he really knew his stuff, enough to hold out
for the whole pot instead of taking a very tempting deal.
But he lost his chance to argue that the cultivation law has
been invalidated for years by Krieger. Or has he?

>From: <cisco007@...> (Derek Francisco)
>To:johnturmel@...
>Subject:hash charge
>Date:Tue, 11 Sep 2007 22:07:19 -0400

Hi John,,
Thursday July 23rd I was parked on Bobcaygeon road in Minden
for about an hour. When I left the police were parked around
the corner, as I passed them they followed me about 500
metres to the lights. When I got to the lights I turned
right and after about 500 feet they activated their lights.

JCT: Why did the cop decide to pull you over?

I pulled over and provided my color copy of my exemption
card. I was asked to exit the vehicle and walk to the front
while they searched my car.

JCT: What had you done that necessitated them searching your
car?

The search produced 2.6 grams of hash found behind the
drivers seat, an 8 mil stainless steel container holding 3.5
grams of cannabis, a set of digital scales and a color copy
of my exemption card. I explained to him that the hash had
come off my fingers from cleaning 3 pounds of cannabis.
He then gave me a summons to court for possession x2. Its a
good thing I am not epileptic and it wasn't all the cannabis
I had for the next 4 days.

Monday July 27th I went for fingerprinting and produced my
proper paperwork from health canada. They returned
everything except my 2.6 grams of hash and my copy of my
exemption card. Although they did return my steel container
that holds my cannabis which probably contains more than a
gram of hash from all the tricombs.

When I first produced my paperwork the officer explained
that they had not spoken to Health Canada and refused to
return my cannabis until they had. I told him i had 6 ounces
in my bag. He said he didn't want me to show him anymore
before fingerprinting I went to my car, got my grinder and
took it to the office with me.
I said that I brought my grinder to show you pure hash. I
told them about how I ground the pot in the top and the
tricombs fall into the bottom chamber, and if you play with
it the oil in my skin will turn it black, I use it mainly at
night for sleep and to ease my stomach pains.
If I don't smoke it I use it in baked goods such as cookies
or brownies. He shook his head at me and tried to load the
program to take my picture.
So is the hash that comes off my fingers the same as the oil
that I make for baking? Can I be arrested for cleaning my
pot and having hash on my fingers when I get to court? The
cop told me that its not an criminal offense to have under 1
gram of hash.

JCT: I never heard of that before.

Anyway I returned to the police station where they were
waiting for another officer to open the drug vault and they
needed a property receipt before they could return any of my
things. They returned my pot in a white envelope, and they
returned the rest of my things from another vault. I am to
appear in court for 2.6 grams of hash on October 3rd in
Minden. I will be filing the motion to prohibit if they have
a superior court in Minden. Take Care, Derek

JCT: Har har har har. A Krieger challenge by an exemptee for
3 grams of hash. And if the cultivation and possession
sections remain repealed and were no resurrected by the
courts, then the hash from his plants can't be illegal.
Actually, the hash from his plants shouldn't be illegal and
the fact it is only shows once again how the Crown's purpose
is to obstruct the proper use of the herbal remedy. Have
they banned making tea with it?

Anyway, here comes Derek, a legitimate exemptee who gets a
chance to argue on offence all the way to the Supreme Court
of Canada that the prohibitions are still dead before then
presenting a defence at the bottom that a home-made cannabis
product shouldn't be illegal for a home-bound cannabis
producer!

Remember how Marc Emery had the chance to fight his 2 joint
charge to the top but chickened out and pleaded guilty to
serve 3 months in jail, here's Derek Francisco eager for the
chance to fight his 2 gram charge to the top with almost
nothing to lose. Har har har har har, over 2 grams of hash!!


--
Abolitionist Debt Slave Leader John C."The Banking Systems Engineer"
Turmel for UNILETS interest-free time-based currency in U.N. resolution
C6 to Governments in the http://www.un.org/millennium/declaration.htm
http://www.cyberclass.net/turmel USENET blog: alt.fan.john-turmel