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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: 8489
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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#20. To: Deckard, misterwhite, sneakypete, GrandIsland (#18)
It is a “felony” only when selling the marijuana. Marijuana Laws in Oklahoma
It is a “felony” only when selling the marijuana. If he is charged with a felony, then he is charged with selling marijuana. Therefore, this is more serious than the article implies. Indeed,but since there was no mention of him being busted for sales,it sounds like a bogus bust to me. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
It is a “felony” only when selling the marijuana. If he is charged with a felony, then he is charged with selling marijuana. Therefore, this is more serious than the article implies. Indeed,but since there was no mention of him being busted for sales,it sounds like a bogus bust to me. Could very well be bogus. These articles never give complete details, especially if it goes against their agenda. Then the law that was posted doesn't state, maybe over so many plants is considered "selling" and the 9 plants fell into that category....again, just a maybe. In any case, the guy is mixed up in his head and need help. Chasing his wife with a knife is some serious shit.
Yeah,chasing your wife with a knife requires the kind of help you get on a prison mental ward. That sort of thing is just unacceptable and inexcusable. It really pisses me off that this lameass is blaming PTSD and combat duty for him losing his nut and going after his wife with a knife. Kinda makes you want to ask how many wives he killed with a knife in the Muddle East,doesn't it? IMHO,that woman needs to get the hell away from him. I know she has 3 kids with him and that makes it tough,but how tough will it be on her kids if the whackjob murders her? Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
I agree. I have held the same feeling for a long time as you about PTSD being blamed for everything.
In significant part, the Lewandowski excuse making sounds like a cock and bull half story. He may have gotten bail and made his required contact with the bail bondsman, but it would appear he did not stay in contact with the court and did not have permission to move to California, aka cross state lines while fleeing the jurisdiction. He would have been required to provide the court upon any change of address. He may not have known about the court date because he had fled the jurisdiction. The court only papers the last address he had on record with the court. The fault for not receiving the notice would appear to lie with Lewandowski. When you are out on bail, you flee the jurisdiction and do not appear for a court date, bad things happen, especially when the Federal marshals are the ones looking for you. Left out of the PrisonPlanet story is the part about Lewandowski being busted while on active duty with the Marines. He is 6'7", 276 lbs, and a mentally unstable marine on the lam. They came with enough force that they did not have to put him in the hospital or the grave. It would appear he was arrested for allegedly chasing his wife with a knife, domestic assault in the presence of a child; and growing pot. [excerpt] Laguna Beach June 18, 2015…… Two more armed Marshals, parked on the street posing as landscapers, entered the scene. Finally, a police cruiser (the only marked vehicle or officers) arrived as well. Luckily no one — not the children, parents and teachers present, including the Lewandowskis, were shot, and Kris peacefully exited the car and surrendered — to what the family wasn’t yet sure. [...] At the time of his arrest on June 18, on a Fugitive Warrant issued by the same Judge Tayloe of Oklahoma, for $100,000 bail, Kris was just adjusting to his second try on an additional (to his PTSD meds) round of very strong psych meds. One does not have to be a doctor to understand how dangerous this is to Kris. If he is kept in jail, or worse taken back to Oklahoma, how will he ever get help. The answer to that question is obvious… he won’t. Update: June 23, 2015 Whitney Lewandowski was able to reach the Court and was told that the court date Kris failed to appear for was on May 28th. This is the first they have heard about an actual date that was missed. This date was also during the time Kris was admitted to the VA psychiatric ward in Long Beach, CA. In significant part, the Lewandowski excuse making sounds like a cock and bull story. He may have gotten bail and made his required contact with the bail bondsman, but it would appear he did not stay in contact with the court and did not have permission to move to California, aka cross state lines while fleeing the jurisdiction. He would have been required to provide the court upon any change of address. He may not have known about the court date because he had fled the jurisdiction. The court only papers the last address he had on record with the court. The fault for not receiving the notice would appear to lie with Lewandowski. When you are out on bail, you flee the jurisdiction and do not appear for a court date, bad things happen, especially when the Federal marshals are the ones looking for you. Left out of the PrisonPlanet story is the part about Lewandowski being busted while on active duty with the Marines. He is 6'7", 276 lbs, and a mentally unstable marine on the lam. They came with enough force that they did not have tyo put him in the hospital or the grave. http://www.kswo.com/story/25674226/domestic-disturbance-turns-into-pot-bust KSWO, ABC 7 News GERONIMO, Okla._What started out as a call on a domestic disturbance complaint for Comanche County Sheriff's deputies, turned into a major pot bust in the county. Deputies responded to a home on Arapaho Street in Geronimo around 10:00 p.m. Sunday after 32-year-old Kristoffer Lewandowski was seen chasing his wife with a knife. After barricading himself in his home, he ultimately surrendered. That's when nine marijuana plants were found growing on the property. "This is a rare deal. Usually you just go out to a domestic and you just take care of the situation," explained Comanche County Sheriff Kenny Stradley. Sheriff Stradley said it was clear from the get-go that Sunday night's call was anything but typical. "The individual supposedly chased his wife with a knife and she went next door to a neighbor. They went to the door, he was inside the house, he first wouldn't come out. We thought he had a gun," said Stradley. Once Lewandowski surrendered and came out of this house, that's when sheriff's deputies went inside. All it took was one look around the home for officers to realize they were dealing with a more serious situation. “When we get there and we find out we have marijuana there that's being grown, it seems to get worse. And then with children present this is a bad situation gone worse for the whole entire family," explained Sheriff Stradley. The entire ordeal was witnessed by Lewandowski's two young children. Both were taken into DHS custody before being released to their mother. In all, nine marijuana plants were found, along with growing equipment and two guns. Lewandowski now faces charges of cultivating marijuana, paraphernalia and domestic assault in the presence of a child. It's a situation that Sheriff Stradley says has no winners. "Probably one of the things that bothers me is that you've got kids in the house and you're growing drugs in there. Kids are precious. If you don't have enough for yourself, you should have enough for your kids to not have it around them. This was a situation that was bad…that went from bad to worse," said Sheriff Stradley. Lewandowski is currently enlisted in the U.S. Marines. He sits in the Comanche County Detention Center to await further investigation by military police. Judge Tayloe took office in April 2014.
But if the tables were reversed they would just prescribe her some Midol.. “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
Gatlin, he's a "DISABLED VET". He should be allowed to kill his wife, violate drug laws... anything he desires. Deckard says so I'm the infidel... Allah warned you about. كافر المسلح
Probably,but that wouldn't make it right. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Gatlin, he's a "DISABLED VET". He should be allowed to kill his wife, violate drug laws... anything he desires. Deckard says so I thought the same after I read the local news. The whole of the article at Infowarped was about marijuana with no mention of his chasing his wife with a knife....which should have been the primary focus, her life threatened. But you are right, according to Deckard's Law....thy will be done by "Pot Rules" and fuck the Oklahoma law.
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.
According to Oklahoma law, cultivating up to 1,000 plants is a felony, punishable by a maximum $25,000 fine and between 20 years and life imprisonment. They don't mess around in Oklahoma.
Weed cures cancer, poverty, ugliness and personal responsibility. It just doesn't have any effect on retardation, IQ or reality. I'm the infidel... Allah warned you about. كافر المسلح
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?
And how many plants did the Vet have? Post # 30, per misterwhite: Now they're saying nine plants. It would appear you are guilty of " yellow journalism ", to further an AGENDA. Grow up. Si vis pacem, para bellum
Very interesting
My turn. What do you care how the citizens of Oklahoma want to live their lives in their state? You're delusional if you think "elected representatives" do what their constitutionals want. If that is your true belief. You should be consistent and quit criticizing the ape in the White House.
You two clowns are so frigging dense. From the article - 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.” If they don't, I vote against them in the next election. If 51% of the voters agree with me, he's gone. Just like Eric Cantor. "You should be consistent and quit criticizing the ape in the White House." I didn't vote for him. Why should I stop my criticism?
Well, no. Only because you outran him when he was chasing you with a knife. "He is extremely doting.” Only if "doting" is another word for "psycho killer".
I got the "nine plants" from Post #25. Hey, chan. Are you a "yellow journalist? Stoner thinks you are.
I have to humbly disagree. I feel the reason why we have nanny laws is because the SHEEPLE want to be enabled. The politicians are afraid of being outed, and any little pressure from the sheep causes wide spread tyrannical legislation. If your opinion was more accurate than mine, the voting public would vote politicians out and replace them with a politician that revokes the laws you dislike... Your peers, overwhelmingly support their chains. I'm the infidel... Allah warned you about. كافر المسلح
The article states : " police proceeded to conduct a search of Lewandowski’s home for drugs, locating six marijuana plants. " misterwhite makes reference to " cultivating up to 1,000 plants is a felony, " in post # 32. In your little brain, six is greatly similar to 1,000. Brilliant LOL Especially when YOU are pushing an AGENDA. Making you guilty of YELLOW JOURNALISM, or in this case, YELLOW POSTING !! Maybe one day, when you grow up, you can give up the crossing guard job, and maybe get to be a real cop, LOL ! Si vis pacem, para bellum
Gatlin made the statement, "If he is charged with a felony, then he is charged with selling marijuana." I responded that that he was charged with felony cultivation, not selling, and I cited the Oklahoma law. The LAW, not misterwhite, says cultivating ANY NUMBER of plants UP TO 1,000 is a felony. I don't care if it's 6 or 9 plants. Neither does Oklahoma law. Even if he only grew one plant, the penalty is the same. Or 500. You want to argue about 6 or 9 when it makes absolutely no difference whatsoever? Why? Is that all you got -- nickel-dime bullshit? Grow up.
There are those little plants everywhere now that cannabis is legal here in Oregon. Some people who had been doing grows are now using their expertise to produce small plants to sell for 25.00 to 40.00. They make good money and don't have to worry about the uncertainties of doing a grow to harvest crop. The plant should be legalized everywhere and the Feds need to get rid of the Federal classification of cannabis as a dangerous drug. I actually don't smoke it myself anymore than I would drink anything alcoholic or do white/powder drugs, but the laws ruin more lives than the plant's use does. LOLAY Is that all you got ? YOU are the one that made a stretch from 9, to 1,000, in inference. You are the one that needs to grow up, if you want to graduate from crossing guard, to washing patrol cars. LOLAY !! Si vis pacem, para bellum
I merely cited the law which clearly reads UP TO 1,000 plants. That includes 6 OR 9, yet you continue to argue that point like it makes a difference. It doesn't. But hey, if that's all you got, it's all you got.
"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."
Of course, she will say that now. Why did she call the cops in the first place? Oh, yea....Ya'll officers come over here and see my DOTING husband chase me with a knife and then barricade himself in the house. Deckard, you are an absolute idiot to belive this shit.
"The individual supposedly chased his wife with a knife and she went next door to a neighbor. It is not clear that the wife made the call, tater.
You can go back to sleep now, Freddy.
Okay, thanks for the clarification. The Po-Pos really helped her and her husband out, didn't they tater?
They will never willingly do that because the courts,LEO's,and the US Treasury make too much money from the fines and because they would lose some of the power they have to make people fear them. No government ever willingly gives up power. Politically ambitious people crave power,and that's why they get into politics. It would be the equivalent of fish giving up water. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Yeah,nothing like quoting a impartial federal government agency to establish facts about an issue that would cost them money and power if it were reversed. And WTF is the VA to establish anything? They do no research,and mostly employ medical staff and bureaucrats that aren't competent enough to get jobs anywhere else. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
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.)
They really helped HER out in this particular case,anyhow. It may not have been intentional,but that was the result. Anybody that stays with anybody else that chases them around with a knife needs a stay in the state home for fools,themselves. They clearly aren't smart enough to be allowed to make their own decisions. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
He is 6'7", 276 lbs. But, I see your point.
One of my biggest dreams is to be able to read the news one day and not see a politically biased article from one point of view or the others. Give me the damn FACTS and let me make up my own damn mind about the morality of the events! and does not take into account that Lewandowski was on active duty in the marines when he was busted. The only real difference that makes is the USMC will get to get a shot at him for a Court Martial after the civilian court system is done with him. Now,if he had done this stuff on-base in base housing,he would be the USMC puppy right now,and you can bet they would be dropping the hammer on him. The civilian courts would have no jurisdiction. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
AND he was chasing her around with a knife. I have a bit of a temper myself,but I can guarantee you that even though we had more than a few problems more than once,if asked my ex if she was ever afraid of me she would laugh at you. There are things you just don't do. Period. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Yea, Freddy Boy, and guns kill....people don't. What a world you live in.... The SD did their job. He was barricaded in and they got him out peaceably without killing him....be thankful, not critical. You think you can do that, Freddy? Try anyway...
Comments (61 - 73) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/Latest Police charged Kristoffer with felony marijuana cultivation…
If he is charged with a felony, then he is charged with selling marijuana.
Therefore, this is more serious than the article implies.
#21. To: Gatlin (#20)
Police charged Kristoffer with felony marijuana cultivation…
#22. To: sneakypete (#21)
Police charged Kristoffer with felony marijuana cultivation…
#23. To: Gatlin (#22)
In any case, the guy is mixed up in his head and need help. Chasing his wife with a knife is some serious shit.
#24. To: sneakypete (#23)
#25. To: GrandIsland, sneakypete, Deckard, misterwhite (#6)
All it takes to qualify for a "fugitive from justice" is that the alledged crime the fugitive is wanted for in another state, is a crime in the state he's found in.
update: June 22, 2015, Monday, Orange Co. Calif.
Judge approves extradition of Marine Kristoffer Lewandowski to possible life in prison in Oklahoma for less than an ounce — 1 ounce — of immature half dead cannabis plants. 6/18, Federal Marshals descended on his sons’ Laguna Beach preschool, guns drawn; Kris awaits imminent removal from his home state of California to Oklahoma, which must collect him within 30 days. Bail is set at $100,000, in Oklahoma.
Kristoffer Lewandowski, a multiple tour Iraq War Veteran, honorably discharged, 100% service-related disabled Marine, pulled into his son’s preschool, in a church in Aliso Viejo, California. A conglomerate of unmarked random SUVs, trucks & cars followed fast; nine armed men, guns drawn, ran in, swarming around the family’s car as Whitney, Kris’s wife, exited to take their two sons, ages 2 & 4, to Laguna Parent Participation Preschool. Only after she protested being dragged away, panicking to get to her kids, did the man holding her show her a badge identifying him as a Federal Marshal.
It is now known that the US Marshals followed them at least for the entire morning before making the dramatic arrest at the preschool with guns drawn, though they knew exactly where the Lewandowski family was since Kris had been in touch, as required, with the bail bondsman once per week. They observed Kris leave the home to ride his bike to college; observed Whitney leave the home with their 2 young sons to pick Kris up and sit in the college parking lot for 10 minutes talking over his class he was so excited about. The US Marshals then followed the family to breakfast, then to the church preschool. Domestic disturbance turns into pot bust
Posted: Jun 02, 2014 6:29 PM CDT
Updated: Jun 09, 2014 01:36 PM
#26. To: sneakypete, Gatlin (#23)
Yeah,chasing your wife with a knife requires the kind of help you get on a prison mental ward.
#27. To: Gatlin (#16)
32-year-old Kristoffer Lewandowski was seen chasing his wife with a knife.
#28. To: CZ82 (#26)
But if the tables were reversed they would just prescribe her some Midol..
#29. To: GrandIsland (#27)
(Edited)
32-year-old Kristoffer Lewandowski was seen chasing his wife with a knife.
#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)
#32. To: Gatlin (#20)
"It is a “felony” only when selling the marijuana."
#33. To: misterwhite (#30)
"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." -- U.S. Department of Veterans Affairs http://www.ptsd.va.gov/profess
#34. To: A K A Stone (#31)
"Who cares if he wanted to smoke some weed."
#35. To: misterwhite (#32)
" According to Oklahoma law, cultivating up to 1,000 plants is a felony "
#36. To: misterwhite (#30)
With nine plants, 8100 joints
#37. To: misterwhite (#34)
That would be the majority of Oklahomans, acting through their elected representatives.
#38. To: Gatlin, GrandIsland (#29)
The whole of the article at Infowarped was about marijuana with no mention of his chasing his wife with a knife....which should have been the primary focus, her life threatened.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#39. To: A K A Stone (#37)
"You're delusional if you think "elected representatives" do what their constitutionals want."
#40. To: Deckard (#38)
“My husband has absolutely never laid his hands on me ever."
#41. To: Stoner, nolu chan (#35)
"It would appear you are guilty of " yellow journalism ", to further an AGENDA."
#42. To: A K A Stone (#37)
#43. To: misterwhite, nolu chan (#41)
#44. To: Stoner, nolu chan, Gatlin (#43)
misterwhite makes reference to " cultivating up to 1,000 plants is a felony, " in post # 32.
In your little brain, six is greatly similar to 1,000. Brilliant LOL
#45. To: sneakypete (#3)
That is WAAAAY too much time for a guy growing 6 plants in his house.
~ Mike McCarthy
#46. To: misterwhite (#44)
" Is that all you got -- nickel-dime bullshit? Grow up. "
#47. To: Stoner (#46)
"YOU are the one that made a stretch from 9, to 1,000, in inference"
#48. To: Deckard (#9)
-- U.S. Department of Veterans Affairs
-- http://www.ptsd.va.gov/professional/co- occurring/marijuana_use_ptsd_veterans.asp
#49. To: Deckard, GrandIsland (#38)
#50. To: Gatlin (#49)
Sheriff Stradley said it was clear from the get-go that Sunday night's call was anything but typical.
#51. To: Fred Mertz (#50)
Sheriff Stradley said it was clear from the get-go that Sunday night's call was anything but typical.
Then you just let Ole Tater make it absolutely clear for you, Freddy.
"The individual supposedly chased his wife with a knife and she went next door to a neighbor.
It is not clear that the wife made the call, tater. In June of 2014, Lewandowski had a PTSD episode. His wife grabbed the kids and took them to the neighbors house where she called the police to get her husband some help.
#52. To: Gatlin (#51)
His wife grabbed the kids and took them to the neighbors house where she called the police to get her husband some help.
#53. To: Ferret Mike (#45)
The plant should be legalized everywhere and the Feds need to get rid of the Federal classification of cannabis as a dangerous drug.
#54. To: misterwhite (#48)
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." -- U.S. Department of Veterans Affairs
#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)
#56. To: Fred Mertz (#52)
The Po-Pos really helped her and her husband out, didn't they tater?
#57. To: sneakypete (#56)
#58. To: nolu chan (#55)
it does not excuse the half-truths of the article,
#59. To: Fred Mertz (#57)
He is 6'7", 276 lbs.
#60. To: Fred Mertz (#52)
The Po-Pos really helped her and her husband out, didn't they tater?
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