37-2716. REGISTRATION
REQUIREMENTS.
. . . (c) THE FOLLOWING PERSONS need not
register and MAY LAWFULLY POSSESS controlled
substances under this act: . . . (3) AN ULTIMATE USER or
a person in possession of any controlled substance pursuant
to a lawful order of a practitioner or in lawful possession of
a schedule V substance.
It is a undisputed fact that Idaho Law at subsection (c)(3) of 37-2716 clearly states that an
“ULTIMATE USER” need NOT register AND MAY LAWFULLY POSSESS MARIJUANA.
Furthermore, Idaho Law ORS at 37-2701(dd) defines a person who lawfully possesses
MARIJUANA for his own use as the ULTIMATE USER and clearly reads:
37-2734A. PR OH IBITE D A CT S D -- PEN ALT IES. (1) It is unlawful for any person to use,
or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound , convert, produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. (2)
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any
advertisement, know ing, or under circum stances where one reasonably should kno w, that the purpose
of the advertisement, in whole or in part, is to prom ote the sale of ob jects designed or intended for use
as drug paraphernalia. ...”
Idaho Law clearly provides that: “(1) IT IS UNLAWFUL FOR ANY PERSON TO USE,
OR TO POSSESS WITH INTENT TO USE DRUG PARAPHERNALIA TO . . .
MANUFACTURE . . . TO PROMOTE THE SALE.” Therefore, the mere “use” and “possession”
of the “drug paraphernalia” by itself is not illegal if you are the 37-2716(c)(3) “ultimate user” as
defined by 37-2701(dd) unless they charge you with and prove that you used the drug paraphernalia
with the intent to sell or deliver, or manufacture with intent to sell or deliver as stated in
subsection (1) & (2) of 37-2734A supra.
United States v. Jewell, supra, makes it clear that you cannot be charged with the “lessor but
included offense” of “possession” unless they also charge you with “manufacturing with intent
CALL Luis Anthony Ewing (253) 226-3741 or Kurt Ranald Riggin (303) 822-8921 for help
with Drug Possession, D.U.I.’S, Driving While License Suspended Violations.
WE DRIVE WITH NO DRIVER’S LICENSE’S & SMOKE POT AND SO CAN YOU!
Write to Luis at: <rcwcodebuster@comcast.net> or to hear Luis & Kurt speak, go to:
<www.TruthRadio.com> or <www.RBNLive.com> or <www.VeritasRadio.com>