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Title: Disabled Vet Faces Life In Prison for Treating PTSD with Pot
Source:
Prison Planet
URL Source: http://www.prisonplanet.com/disable ... or-treating-ptsd-with-pot.html
Published: Jul 1, 2015
Author: Adan Salazar
Post Date: 2015-07-01 19:49:14 by Deckard
Keywords: None
Views: 8475
Comments: 73
A marine corps veteran faces life in prison for cultivating marijuana plants while he lived in Oklahoma, plants which he relied on to treat severe post-traumatic stress disorder. Last year, police raided the home of 33-year-old Kristoffer Lewandowski, a military father of three who was honorably discharged for medical reasons after serving multiple tours of duty in Iraq and Afghanistan. Kristoffer’s wife Whitney reveals her husband, fearing liver damage from consuming a massive amount of pharmaceutical drugs, was successfully transitioning to marijuana as a preferred treatment. “He was just using it… He couldn’t get any, and, of course, we’re a military family, we’re very poor, we couldn’t afford to buy it anyway,” Kristoffer’s wife, Whitney told TruthInMedia.com. “So he was just growing it for himself. He was on his way out of the military and just wanted to see if it would help with [his mental health issues].” “He was taking 13 pills a day, and it was just killing his liver,” she said. “He was having all these issues with his body and he just wanted to try something more natural to just see if he could do without that many pills a day,” Whitney said, adding the treatments were “absolutely effective.” Police were summoned to Lewandowski’s Geronimo residence in June 2014 after neighbors reported him suffering a PTSD episode. Amid the emotional breakdown, Whitney brought their three children to the neighbor’s house in attempts to “diffuse the situation.” Rather than provide the former soldier immediate medical attention, police proceeded to conduct a search of Lewandowski’s home for drugs, locating six marijuana plants. “The kind of help he got was being tossed in jail,” Whitney expressed. Police charged Kristoffer with felony marijuana cultivation, possession of drug paraphernalia and domestic violence, a charge which Whitney admits to have filed against her husband at the behest of officers. The former felony charge carries a posssible fine of $25,000 and anywhere from 20 years to life in prison, according to Oklahoma statutes. Whitney says police at the time twisted her arm into pressing charges against her husband, threatening her with felony charges, as well as confiscation of their children by Child Protective Services. “They’re trying to use me as a victim and to make it look worse on his case,” Whitney insists. “My husband has absolutely never laid his hands on me ever. He is not an abusive man, ever… quite the opposite. He is extremely doting.” Later that year in October, after posting a $20,000 bail, Lewandowski decided it was time to move his family back to California, where he legally obtained a medical marijuana prescription. Last month on June 16, undercover police nabbed Kristoffer as he picked his children up from pre-school in a dramatic, guns-drawn arrest after he failed to appear at a court hearing. “To be picked up like that, we’re all blown away,” Whitney described. “Especially in a pre-school parking lot where all my kids’ friends are, their parents are. Everyone’s witnessing this, and it was horrifying.” TruthInMedia.com reports, “Kristoffer Lewandowski currently remains in police custody in California awaiting extradition to Oklahoma where he will face his charges.” A Change.org petition signed by over 12 thousand people asks for Oklahoma Governor Mary Fallin to pardon Kristoffer. Whitney has also set up a GoFundMe page to raise donations for legal fees, as well as a Facebook page to raise awareness. 
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Begin Trace Mode for Comment # 31.
#1. To: Deckard (#0)
That's one way to put it. Another way would be that jumped bail, fled to California, and failed to appear in Oklahoma court.
That is WAAAAY too much time for a guy growing 6 plants in his house. 6 plants is also too many plants for personal use. Chances are he was going sell the excess to friends for a little extra money. That damn sure doesn't make him a major dealer or "drug kingpin" that deserves 20 to life in prison,though.
Well, if for personal use with his "PTSD", how long would 6 plants last him?
Now they're saying nine plants. So, one pound per plant. 16 ounces per pound, 28 grams per ounce, one gram per joint (generous) = 2700 joints (6 plants). At a stingy .5 grams per joint, 5400 joints. With nine plants, 8100 joints or about 22 joints per day, every day. To treat a condition for which it is not approved. "Thus, there is no evidence at this time that marijuana is an effective treatment for PTSD. In fact, research suggests that marijuana can be harmful to individuals with PTSD."
Making plants illegal is kind of silly. Who cares if he wanted to smoke some weed.
#34. To: A K A Stone (#31)
That would be the majority of Oklahomans, acting through their elected representatives. My turn. What do you care how the citizens of Oklahoma want to live their lives in their state?
While the point may be well taken from a theoretical point of view, it does not excuse the half-truths of the article, and does not take into account that Lewandowski was on active duty in the marines when he was busted. The military could have claimed jurisdiction and court-martialed him. The state could still have prosecuted him as a seperate sovereign. The severity of the possible sentence indicates they are not buying his claim of cultivating the stuff for personal use only. As the internet echo chamber keeps citing a potential life sentence, it appears Lewandowski must be charged under 63 Ok. Stat. Ann. § 2-401, see below. It would involve cultivation, manufacture or distribution and up to 1,000 plants or 25 pounds. A simple possession charge will not do it unless there were multiple prior convictions. There is also the domestic violence charge. He picks up an added charge for fleeing the jurisdiction. 63 Ok. Stat. Ann. § 2-402 provides that "Any person who violates any provision of this section by possessing ... a controlled dangerous substance ... in the presence of any child under twelve (12) years of age, shall be guilty of a felony...." While the wife now maintains she was coerced into filing a complaint against her husband, her alternative was to be charged with him for the marijuana as it was her house as well. If she withdraws the complaint, she can be added to the case. Purportedly, "Lewandowskis’ attorney quit the case over a dispute over money, and, as a part of the bail agreement, Kristoffer no longer qualifies for a public defender, leaving him without legal representation." http://popularmilitary.com/marine-war-veteran-could-face-life-sentence-for-pot/ The Lewandowskis say their whereabouts were never unknown to the authorities or their bail bondsman. Court dates were continued several times and then Lewandowski’s lawyer quit over a monetary dispute. Whitney Lewandowski said, “We tried to work with the DA’s office to see if he could do, like, a drug court or a mental health court, but he was denied both of those.” Lewandowski mistakenly missed a court date while he was being treated by the VA in California. A fugitive warrant, issued by Judge Tayloe, was put out for his arrest in Oklahoma. [...] After the arrest, Whitney Lewandowski pulled together funds to pay a bail bondsman to cover his $20,000 bail and their family moved and continued their life in California, where Whitney has family ties. While in California, Kristoffer Lewandowski was prescribed medical marijuana to deal with his crippling post-traumatic stress disorder and began treatment legally. Meanwhile, the Lewandowskis’ attorney quit the case over a dispute over money, and, as a part of the bail agreement, Kristoffer no longer qualifies for a public defender, leaving him without legal representation. http://www.criminaldefenselawyer.com/marijuana-laws-and-penalties/Oklahoma.htm Manufacturing or selling marijuana (or possessing marijuana with the intent to do so) in Oklahoma is illegal. Penalties vary according to the amount possessed, manufactured, or sold. Penalties may double for sales to a minor, and for violations that take place within 2,000 feet of a school, park or public housing units. (63 Ok. Stat. Ann. § 2-401.) Cultivating up to 1,000 plants, or selling up 25 pounds. Penalties include a fine of up to $20,000, between two years and life imprisonment, or both. Cultivating 1,000 or more plants. Penalties include a fine of up to $50,000, between 20 years and life imprisonment, or both. Selling between 25 and 1,000 pounds. Penalties include a fine of between $25,000 and $100,000, between four years and life imprisonment, or both. Selling 1,000 pounds or more. Penalties include a fine of between $100,000 and $500,000, between four years and life imprisonment, or both. Drug Paraphernalia It is illegal in Oklahoma to manufacture or sell drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. A conviction may be punished with up to a year in jail, and a fine of up to $1,000 for a first offense; up to $5,000 for a second offense; and up to $10,000 for a third or subsequent offense. (63 Ok. Stat. Ann. § 2-101.1.) http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.63/63-2-101.1.html In determining whether an object is "drug paraphernalia", a court shall consider, in addition to all other logically relevant factors, the following: 1. Statements by an owner or by anyone in control of the object concerning its use; 2. The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act; 3. The proximity of the object to controlled dangerous substances; 4. The existence of any residue of controlled dangerous substances on the object; 5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is drug paraphernalia; 6. Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances; 7. Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances; 8. The manner in which the object is displayed for sale; 9. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; 10. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise; 11. The existence and scope of legitimate uses for the object in the community; and 12. Expert testimony concerning its use. http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.63/63-2-401.html A. Except as authorized by the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, it shall be unlawful for any person: 1. To distribute, dispense, transport with intent to distribute or dispense, possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit the use of or use the services of a person less than eighteen (18) years of age to cultivate, distribute or dispense a controlled dangerous substance; 2. To create, distribute, transport with intent to distribute or dispense, or possess with intent to distribute, a counterfeit controlled dangerous substance; or 3. To distribute any imitation controlled substance as defined by Section 2-101 of this title, except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services. B. Any person who violates the provisions of this section with respect to: 1. A substance classified in Schedule I or II which is a narcotic drug or lysergic acid diethylamide (LSD), upon conviction, shall be guilty of a felony and shall be sentenced to a term of imprisonment for not less than five (5) years nor more than life and a fine of not more than One Hundred Thousand Dollars ($100,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. Any sentence to the custody of the Department of Corrections shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation except when the conviction is for a first offense; 2. Any other controlled dangerous substance classified in Schedule I, II, III, or IV, upon conviction, shall be guilty of a felony and shall be sentenced to a term of imprisonment for not less than two (2) years nor more than life and a fine of not more than Twenty Thousand Dollars ($20,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. Any sentence to the custody of the Department of Corrections shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation except when the conviction is for a first offense; 3. A substance classified in Schedule V, upon conviction, shall be guilty of a felony and shall be sentenced to a term of imprisonment for not more than five (5) years and a fine of not more than One Thousand Dollars ($1,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment; 4. An imitation controlled substance as defined by Section 2-101 of this title, upon conviction, shall be guilty of a misdemeanor and shall be sentenced to a term of imprisonment in the county jail for a period of not more than one (1) year and a fine of not more than One Thousand Dollars ($1,000.00). A person convicted of a second violation of the provisions of this paragraph shall be guilty of a felony and shall be sentenced to a term of imprisonment for not more than five (5) years and a fine of not more than Five Thousand Dollars ($5,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment; or 5. Except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services, it shall be unlawful for any person to manufacture, distribute, or possess with intent to distribute a synthetic controlled substance. Any person convicted of violating the provisions of this paragraph is guilty of a felony and shall be punished by imprisonment in the state penitentiary for a term not to exceed life and a fine of not more than Twenty-five Thousand Dollars ($25,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. A second or subsequent conviction for the violation of the provisions of this paragraph is a felony punishable by imprisonment in the State Penitentiary for a term of not less than ten (10) years nor more than life and a fine of not more than One Hundred Thousand Dollars ($100,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. C. Any person convicted of a second or subsequent felony violation of the provisions of this section, except for paragraphs 4 and 5 of subsection B of this section or subsection E of this section, shall be punished by a term of imprisonment twice that otherwise authorized and by twice the fine otherwise authorized, which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. Convictions for second or subsequent violations of the provisions of this section shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation. D. Any person who is at least eighteen (18) years of age and who violates the provisions of this section by using or soliciting the use of services of a person less than eighteen (18) years of age to distribute, dispense, transport with intent to distribute or dispense or cultivate a controlled dangerous substance or by distributing a controlled dangerous substance to a person under eighteen (18) years of age is punishable by twice the fine and by twice the imprisonment otherwise authorized. E. Any person who violates any provision of this section by transporting with intent to distribute or dispense, distributing or possessing with intent to distribute a controlled dangerous substance to a person, in or on, or within two thousand (2,000) feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, or public housing project shall be punished by: 1. For a first offense, a term of imprisonment, or by the imposition of a fine or by both, not exceeding twice that authorized by the appropriate provision of this section and shall serve a minimum of fifty percent (50%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence; or 2. For a second or subsequent offense, a term of imprisonment not exceeding three times that authorized by the appropriate provision of this section and shall serve a minimum of ninety percent (90%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence. F. Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to manufacture or attempt to manufacture any controlled dangerous substance or possess any substance listed in Section 2-322 of this title or any substance containing any detectable amount of pseudoephedrine or its salts, optical isomers or salts of optical isomers, iodine or its salts, optical isomers or salts of optical isomers, hydriatic acid, sodium metal, lithium metal, anhydrous ammonia, or ether with the intent to use that substance to manufacture a controlled dangerous substance. Any person violating the provisions of this section with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance, or possessing any substance listed in this subsection or Section 2-322 of this title, upon conviction, is guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not less than twenty (20) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. To be charged with possession with intent to use a substance to manufacture a controlled dangerous substance, three or more of the substances listed in this subsection shall be present. Any sentence to the custody of the Department of Corrections shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation. A person convicted of a second or subsequent violation of the provisions of this subsection shall be required to serve at least ten (10) years of such person's sentence before becoming eligible for parole or any early release from incarceration. Any person convicted of any offense described in this section may, in addition to the fine imposed, be assessed an amount not to exceed ten percent (10%) of the fine imposed. Such assessment shall be paid into a revolving fund for enforcement of controlled dangerous substances created pursuant to Section 2-506 of this title. G. For purposes of this section, "public housing project" means any dwelling or accommodations operated as a state or federally subsidized multifamily housing project by any housing authority, nonprofit corporation or municipal developer or housing projects created pursuant to the Oklahoma Housing Authorities Act. http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.63/63-2-402.html A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this act. 2. It shall be unlawful for any person to purchase any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, pursuant to Section 2-313 of this title in an amount or within a time interval other than that permitted by Section 2-313 of this title. 3. It shall be unlawful for any person or business to sell, market, advertise or label any product containing ephedrine, its salts, optical isomers, or salts of optical isomers, for the indication of stimulation, mental alertness, weight loss, appetite control, muscle development, energy or other indication which is not approved by the pertinent federal OTC Final Monograph, Tentative Final Monograph, or FDA-approved new drug application or its legal equivalent. In determining compliance with this requirement, the following factors shall be considered: a. the packaging of the product, b. the name of the product, and c. the distribution and promotion of the product, including verbal representations made at the point of sale. B. Any person who violates this section with respect to: 1. Any Schedule I or II substance, except marihuana or a substance included in subsection D of Section 2-206 of this title, is guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years. A second or subsequent violation of this section with respect to Schedule I or II substance, except marihuana or a substance included in subsection D of Section 2-206 of this title, is a felony punishable by imprisonment for not less than four (4) years nor more than twenty (20) years. 2. Any Schedule III, IV or V substance, marihuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act is guilty of a misdemeanor punishable by confinement for not more than one (1) year. A second or subsequent violation of this section with respect to any Schedule III, IV or V substance, marihuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act is a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years. C. Any person who violates any provision of this section by possessing or purchasing a controlled dangerous substance from any person, in or on, or within one thousand (1,000) feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, or in the presence of any child under twelve (12) years of age, shall be guilty of a felony and punished by: 1. For a first offense, a term of imprisonment, or by the imposition of a fine, or by both, not exceeding twice that authorized by the appropriate provision of this section. In addition, the person shall serve a minimum of fifty percent (50%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence; or 2. For a second or subsequent offense, a term of imprisonment not exceeding three times that authorized by the appropriate provision of this section and the person shall serve a minimum of ninety percent (90%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence. = = = = = = = = = = http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.63/63-2-405.html A. No person shall use tincture of opium, tincture of opium camphorated, or any derivative thereof, by the hypodermic method, either with or without a medical prescription therefor. B. No person shall use or possess 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 dangerous substance in violation of the Uniform Controlled Dangerous Substances Act, except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy. C. No person shall deliver, possess or manufacture drug paraphernalia knowing it will be used 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 dangerous substance in violation of the Uniform Controlled Dangerous Substances Act. D. Any person eighteen (18) years of age or over who violates subsection C of this section by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than that person shall, upon conviction, be guilty of a felony. E. Any person who violates subsections A, B or C of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment. = = = = = = = = = = http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.63/63-2-415.html A. The provisions of the Trafficking in Illegal Drugs Act, Section 2-414 et seq. of this title, shall apply to persons convicted of violations with respect to the following substances: 1. Marihuana; 2. Cocaine or coca leaves; 3. Heroin; 4. Amphetamine or methamphetamine; 5. Lysergic acid diethylamide (LSD); 6. Phencyclidine (PCP); or 7. Cocaine base, commonly known as "crack" or "rock". B. Except as otherwise authorized by the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, it shall be unlawful for any person to: 1. Knowingly distribute, manufacture, bring into this state or possess a controlled substance specified in subsection A of this section in the quantities specified in subsection C of this section; or 2. Possess any controlled substance with the intent to manufacture a controlled substance specified in subsection A of this section in quantities specified in subsection C of this section; or 3. Use or solicit the use of services of a person less than eighteen (18) years of age to distribute or manufacture a controlled dangerous substance specified in subsection A of this section in quantities specified in subsection C of this section. Violation of this section shall be known as "trafficking in illegal drugs". Any person who commits the conduct described in paragraph 1, 2 or 3 of this subsection and represents the quantity of the controlled substance to be an amount described in subsection C of this section shall be punished under the provisions appropriate for the amount of controlled substance represented, regardless of the actual amount. C. In the case of a violation of the provisions of subsection B of this section, involving: 1. Marihuana: a. twenty-five (25) pounds or more of a mixture or substance containing a detectable amount of marihuana, such violation shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or b. one thousand (1,000) pounds or more of a mixture or substance containing a detectable amount of marihuana, such violation shall be punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); [...] D. Any person who violates the provisions of this section with respect to a controlled substance specified in subsection A of this section in a quantity specified in subsection C of this section shall, in addition to any fines specified by this section, be punishable by a term of imprisonment as follows: 1. Not less than twice the term of imprisonment provided for in Section 2-401 of this title; 2. If the person has previously been convicted of one violation of this section or has been previously convicted of a felony violation of the Uniform Controlled Dangerous Substances Act arising from separate and distinct transactions, not less than three times the term of imprisonment provided for in Section 2-401 of this title; and 3. If the person has previously been convicted of two or more violations of this section or any provision of the Uniform Controlled Dangerous Substances Act which constitutes a felony, or a combination of such violations arising out of separate and distinct transactions, life without parole. The terms of imprisonment specified in this subsection shall not be subject to statutory provisions for suspension, deferral or probation, or state correctional institution earned credits accruing from and after November 1, 1989, except for the achievement earned credits authorized by subsection F of Section 138 of Title 57 of the Oklahoma Statutes. To qualify for such achievement credits, such inmates must also be in compliance with the standards for Class level 2 behavior, as defined in subsection C of Section 138 of Title 57 of the Oklahoma Statutes. Persons convicted of violations of this section shall not be eligible for appeal bonds. = = = = = = = = = = http://criminal.findlaw.com/criminal-charges/drug-manufacturing-and-cultivation.html http://www.gpo.gov/fdsys/pkg/STATUTE-84/pdf/STATUTE-84-Pg1236.pdf Comprehensive Drug Abuse Prevention and Control Act of 1970 (Federal law) http://law.justia.com/codes/us/2012/title-18/part-i/chapter-49/section-1073/ §1073. Flight to avoid prosecution or giving testimony Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees, for a crime, or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees, or (2) to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by death or which is a felony under the laws of such place, is charged, or (3) to avoid service of, or contempt proceedings for alleged disobedience of, lawful process requiring attendance and the giving of testimony or the production of documentary evidence before an agency of a State empowered by the law of such State to conduct investigations of alleged criminal activities, shall be fined under this title or imprisoned not more than five years, or both. For the purposes of clause (3) of this paragraph, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. Violations of this section may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been committed, or in which the person was held in custody or confinement, or in which an avoidance of service of process or a contempt referred to in clause (3) of the first paragraph of this section is alleged to have been committed, and only upon formal approval in writing by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General of the United States, which function of approving prosecutions may not be delegated. (June 25, 1948, ch. 645, 62 Stat. 755; Apr. 6, 1956, ch. 177, §1, 70 Stat. 100; Pub. L. 87–368, Oct. 4, 1961, 75 Stat. 795; Pub. L. 91–452, title III, §302, Oct. 15, 1970, 84 Stat. 932; Pub. L. 100–690, title VII, §7020(b), Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title XXXIII, §§330004(19), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147; Pub. L. 104–294, title VI, §607(e), Oct. 11, 1996, 110 Stat. 3511.)
Top • Page Up • Full Thread • Page Down • Bottom/Latest"Later that year in October, after posting a $20,000 bail, Lewandowski decided it was time to move his family back to California"
#3. To: misterwhite (#1)
The former felony charge carries a posssible fine of $25,000 and anywhere from 20 years to life in prison, according to Oklahoma statutes.
#12. To: sneakypete (#3)
" 6 plants is also too many plants for personal use. "
#30. To: Stoner (#12)
"Well, if for personal use with his "PTSD", how long would 6 plants last him?"
-- U.S. Department of Veterans Affairs
http://www.ptsd.va.gov/professional/co- occurring/marijuana_use_ptsd_veterans.asp
#31. To: misterwhite (#30)
Replies to Comment # 31. "Who cares if he wanted to smoke some weed."
#55. To: A K A Stone, misterwhite, Deckard, GrandIsland, sneakypete, Stoner (#31)
Making plants illegal is kind of silly. Who cares if he wanted to smoke some weed.
At a preliminary hearing in Oct 2014, “Judge Tayloe shook my husband’s hand; thanked him for his service and said go home and enjoy your family,” Whitney Lewandowski said. She stated that the Judge told Kristoffer he could return to California.
Whitney Lewandowski said that she was initially handcuffed under investigation for the same charges, placed in a police car, and told that her children were going to be taken by Child Protective Services. However, authorities offered her the opportunity to remain free and keep their kids if she pressed charges against her husband for domestic violence. In an effort to keep the children, she agreed to do so and later discovered that she could not rescind those charges without re-activating the felony marijuana cultivation charges against herself. Police arrested Kristoffer Lewandowski and charged him with felony marijuana cultivation, possession of drug paraphernalia, and a domestic violence offense.
Manufacture and Sales
63-2-101.1.
63-2-401.
63-2-402.
63-2-405.
63-2-415.
Under federal law, cultivation of less than 50 marijuana plants can result in up to five years in prison, or up to a possible life sentence for 1,000 or more plants. Individuals in states that have allowed for the medical use of marijuana or have legalized it are not exempt from federal enforcement, but it’s not clear how enforcement of federal laws will be carried out.
FUGITIVES FROM JUSTICE - 18 U.S.C. § 1073 (2012)
End Trace Mode for Comment # 31.
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