Misdeamnor Drug Possession Conviction

Started by Cato the Younger, September 07, 2009, 05:17:58 AM

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The CyBorg is destroyed

Quote from: Major Lord on September 21, 2009, 10:14:46 PM
I would love to see a CAP member try to convince the SP's on Travis AFB that their "prescription"  Marijuana, (no doubt issued by a podiatrist for refractory foot fungus) protects them from arrest on a Federal Reservation. How about the specter of SM's taking bong hits at a Wing Conference in front of Cadets?

FYI, Cyborg, a DDS can prescribe controlled substances too.

Major Lord

Understood, sir, and I had just forgotten about the dental side.  A former co-worker of mine's DDS prescribed him Vicodin until he could get him in to work on a badly abscessed tooth.
Exiled from GLR-MI-011

Spike

Quote from: Major Lord on September 21, 2009, 10:14:46 PM
I would love to see a CAP member try to convince the SP's on Travis AFB that their "prescription"  Marijuana, (no doubt issued by a podiatrist for refractory foot fungus) protects them from arrest on a Federal Reservation. How about the specter of SM's taking bong hits at a Wing Conference in front of Cadets?

FYI, Cyborg, a DDS can prescribe controlled substances too.

Major Lord

The FED will arrest anyone they want in Post Offices, Federal Buildings and any other Federal Government property or building.  They do that, because no matter what states say you can or can't do, Federal Laws trump State law.  I watched 60 minutes last year where they were arresting drug abusers with "legitimate" prescriptions for pot in a Post Office.  They sent them a letter telling them they had their marijuana shipment in and busted them when they came in for it.

It is still a federal crime to mail pot in California, so watch out folks!

PHall

Quote from: Spike on September 22, 2009, 08:28:03 PM
Quote from: Major Lord on September 21, 2009, 10:14:46 PM
I would love to see a CAP member try to convince the SP's on Travis AFB that their "prescription"  Marijuana, (no doubt issued by a podiatrist for refractory foot fungus) protects them from arrest on a Federal Reservation. How about the specter of SM's taking bong hits at a Wing Conference in front of Cadets?

FYI, Cyborg, a DDS can prescribe controlled substances too.

Major Lord

The FED will arrest anyone they want in Post Offices, Federal Buildings and any other Federal Government property or building.  They do that, because no matter what states say you can or can't do, Federal Laws trump State law.  I watched 60 minutes last year where they were arresting drug abusers with "legitimate" prescriptions for pot in a Post Office.  They sent them a letter telling them they had their marijuana shipment in and busted them when they came in for it.

It is still a federal crime to mail pot in California, so watch out folks!

That's why you ship it via FedEx! ;)

Cecil DP

Y
Quote from: PHall on September 23, 2009, 01:15:12 AM
Quote from: Spike on September 22, 2009, 08:28:03 PM
Quote from: Major Lord on September 21, 2009, 10:14:46 PM
I would love to see a CAP member try to convince the SP's on Travis AFB that their "prescription"  Marijuana, (no doubt issued by a podiatrist for refractory foot fungus) protects them from arrest on a Federal Reservation. How about the specter of SM's taking bong hits at a Wing Conference in front of Cadets?

FYI, Cyborg, a DDS can prescribe controlled substances too.

Major Lord

The FED will arrest anyone they want in Post Offices, Federal Buildings and any other Federal Government property or building.  They do that, because no matter what states say you can or can't do, Federal Laws trump State law.  I watched 60 minutes last year where they were arresting drug abusers with "legitimate" prescriptions for pot in a Post Office.  They sent them a letter telling them they had their marijuana shipment in and busted them when they came in for it.

It is still a federal crime to mail pot in California, so watch out folks!

That's why you ship it via FedEx! ;)

If it crosses a state line with FedEx or any other carrier you're still vin violation.
Michael P. McEleney
LtCol CAP
MSG  USA Retired
GRW#436 Feb 85

PHall

Quote from: Cecil DP on September 23, 2009, 02:26:12 AM
Y
Quote from: PHall on September 23, 2009, 01:15:12 AM
Quote from: Spike on September 22, 2009, 08:28:03 PM
Quote from: Major Lord on September 21, 2009, 10:14:46 PM
I would love to see a CAP member try to convince the SP's on Travis AFB that their "prescription"  Marijuana, (no doubt issued by a podiatrist for refractory foot fungus) protects them from arrest on a Federal Reservation. How about the specter of SM's taking bong hits at a Wing Conference in front of Cadets?

FYI, Cyborg, a DDS can prescribe controlled substances too.

Major Lord

The FED will arrest anyone they want in Post Offices, Federal Buildings and any other Federal Government property or building.  They do that, because no matter what states say you can or can't do, Federal Laws trump State law.  I watched 60 minutes last year where they were arresting drug abusers with "legitimate" prescriptions for pot in a Post Office.  They sent them a letter telling them they had their marijuana shipment in and busted them when they came in for it.

It is still a federal crime to mail pot in California, so watch out folks!

That's why you ship it via FedEx! ;)

If it crosses a state line with FedEx or any other carrier you're still vin violation.

Yeah, but you don't see DEA agents riding in FedEx vans waiting for someone to sign for their package.

Spike


The CyBorg is destroyed

Quote from: Cecil DP on September 23, 2009, 02:26:12 AM
Y
Quote from: PHall on September 23, 2009, 01:15:12 AM
Quote from: Spike on September 22, 2009, 08:28:03 PM
Quote from: Major Lord on September 21, 2009, 10:14:46 PM
I would love to see a CAP member try to convince the SP's on Travis AFB that their "prescription"  Marijuana, (no doubt issued by a podiatrist for refractory foot fungus) protects them from arrest on a Federal Reservation. How about the specter of SM's taking bong hits at a Wing Conference in front of Cadets?

FYI, Cyborg, a DDS can prescribe controlled substances too.

Major Lord

The FED will arrest anyone they want in Post Offices, Federal Buildings and any other Federal Government property or building.  They do that, because no matter what states say you can or can't do, Federal Laws trump State law.  I watched 60 minutes last year where they were arresting drug abusers with "legitimate" prescriptions for pot in a Post Office.  They sent them a letter telling them they had their marijuana shipment in and busted them when they came in for it.

It is still a federal crime to mail pot in California, so watch out folks!

That's why you ship it via FedEx! ;)

If it crosses a state line with FedEx or any other carrier you're still vin violation.

Soooo...does that mean that if you send a baggie of you-know-what from one point to another in the same state you're off the hook? :angel:
Exiled from GLR-MI-011

Johnny Yuma

Quote from: Cato the Younger on September 08, 2009, 04:28:32 PM
So I just found out there is more to the story. Here is what I have been told. Consider this now:

A senior member is a staff member at a cadet activity. The senior member brings marijuana and it is not for medical use, strictly recreational. The senior member is caught by police authorities with the use of a K-9 and issued a citation.

Senior member is a relative of the wing commander. The wing commander immediately accepts the resignation of the senior member so the wing commander does not have to terminate the senior member's membership. This way the senior member can rejoin CAP again after everything blows over and the wing commander can claim that all this happened when the senior member was not a member since the conviction technically happen after the resignation. Now the senior member is back in CAP as a squadron commander.

I think I heard about this. Dayton, OH area sticks in my head for some reason. IIRC there was an activity at a local college and they were using the dorms for housing. Senior got busted by the campus cops after someone smelled burning weed. This was like, 4 years ago.

I can't see how this could be shielded from the background check when the person rejoined. It's still going to show an arrest whether there was a conviction or not and NHQ will still have automated records showing that person was a member at the time of the arrest.

A very perfunctory IG investigation would show when the person was a member, when/where the arrest was, any activities the person was attending at the time and any action taken by the Wing King at the time. A good IG could have the information he/she needed in a weekend.

"And Saint Attila raised the Holy Hand Grenade up on high saying, "Oh Lord, Bless us this Holy Hand Grenade, and with it smash our enemies to tiny bits. And the Lord did grin, and the people did feast upon the lambs, and stoats, and orangutans, and breakfast cereals, and lima bean-"

" Skip a bit, brother."

"And then the Lord spake, saying: "First, shalt thou take out the holy pin. Then shalt thou count to three. No more, no less. "Three" shall be the number of the counting, and the number of the counting shall be three. "Four" shalt thou not count, and neither count thou two, execpting that thou then goest on to three. Five is RIGHT OUT. Once the number three, being the third number be reached, then lobbest thou thy Holy Hand Grenade to-wards thy foe, who, being naughty in my sight, shall snuffit. Amen."

Armaments Chapter One, verses nine through twenty-seven:

Cobra1597

#68
I'm going to disagree on this "too ill for CAP" business. Glaucoma? Granted, they won't be flying planes, but they could man a radio in ES or be a Chaplain. I knew a paraplegic who made it threw Earhart in the cadet program, and went on to be a senior member. Sure, they never drove a CAP van, but that didn't stop him from doing a LOT in CAP.

Cancer? I've known of wing commanders struggling with cancer. Very ill from it. Still wing commanders.

Hell, I kept attending CAP in a wheelchair after I broke my hip when I was a cadet. The fact is, you can do a hell of a lot in CAP despite being "ill."

So all of that said, being medically treated for many of those things is a possibility. I'm not sure I'd be willing to approve of a member there using marijuana to treat it, especially if the legality is questionable (and here is when you make a call to your wing legal officer, that's what they are there for). If the legality is not a question, if it was legal, I'd want strict controls put on the use, like keeping it under lock and key.

Frankly, I sometimes wish that would happen more with prescription drugs being taken at CAP. Some of these are really serious controlled substances.
Harrison Ingraham, Capt, CAP
MAWG External Aerospace Education Officer, ADY
Spaatz #1597

MIKE

Quote from: Cobra1597 on October 06, 2009, 08:50:27 AMI knew a paraplegic who made it threw Earhart in the cadet program, and went on to be a senior member. Sure, they never drove a CAP van, but that didn't stop him from doing a LOT in CAP.

Paraplegic is not the right word to describe it IMO.  Paraplegic is what happens after a bad PLF while skydiving with NIN.
Mike Johnston

Cobra1597

Quote from: MIKE on October 06, 2009, 02:33:22 PM
Quote from: Cobra1597 on October 06, 2009, 08:50:27 AMI knew a paraplegic who made it threw Earhart in the cadet program, and went on to be a senior member. Sure, they never drove a CAP van, but that didn't stop him from doing a LOT in CAP.

Paraplegic is not the right word to describe it IMO.  Paraplegic is what happens after a bad PLF while skydiving with NIN.
My apologies, but my point still stands. Looking at that list of illnesses that can marijuana can be prescribed for, it hardly seems to me to be a list of "too ill for CAP."
Harrison Ingraham, Capt, CAP
MAWG External Aerospace Education Officer, ADY
Spaatz #1597

Major Lord

Marijuana cannot be "prescribed" for any reason by any health care practitioner in America. California medical practitioners of various sorts "recommend"  medical marijuana use, and there is no binding on or off label use. In other words, a podiatrist might choose to issue the California Medical Marijuana card to a patient for a nasty case of athletes foot. Marijuana is not used to treat disease, only to treat symptoms.  The alleged medical benefits of marijuana for glaucoma have been peer reviewed and found to be nearly non-existent, and nowhere near as effective as actual medicine. ( Although the benefits to the companies that make Doritos, Pepsi, macrame, and lava lamps have their own views on this) As an anti-emetic, and as relatively benign mood elevator, it might have some value, but not on CAP time. That is unless we trade in our 12 pax vans for a fleet of VW buses!

Major Lord
"The path of the righteous man is beset on all sides by the iniquities of the selfish and the tyranny of evil men. Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon thee."

The CyBorg is destroyed

^What the Major said.

There are some states that have passed medical marijuana laws, but, as the Major said, they are in conflict with Federal law.  All a doctor can prescribe legally that I know of is the prescription drug Marinol, which the DEA classes as Schedule III.

Enforcement is kind of spotty, but every now and then I'll read about a medical marijuana outlet getting busted by Federal, State and/or local authorities being basically a front for a head shop.

Major, back in the '70s, my parents had a blue Lava Lite.  About 10 years ago a guy I knew actually had one of those VW micro-busses.  The thing spewed out more black smoke than a foundry.

Also, you could add retailers who sell Pink Floyd and Grateful Dead albums to your list.

In any case, if there was a conviction, it's very likely National will notice it and, given that the Air Force has a zero-tolerance illegal drug policy, CAP will be very unlikely to let someone in who has such a conviction.
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