Category Archives: Legal

A Typical Day on Ohios Death Row

A typical day on Ohio’s death row begins at 6 a. m. Prisoners are allowed to shower three times per week. “We’re permitted 10 minutes under the water, ” one inmate said.

“Upon returning to your cell, you may then shave. You are provided a disposable razor, one for all 20 men. Pity the last few men. Now you can understand why some men have grown a beard. “

Beside convicted killers, death row is home to “troublemakers from the general population. They are very disruptive. They flood their cells and the water comes down on us. They’re very rowdy. Several are homosexuals. We’re bombarded by loud, obscene, filthy language. “

Food was described as “not all that bad. It is a balanced meal. Considering the number of men served, the cooks really do an excellent job, ” an inmate said.

Television restrictions have been eased. Inmates are now allowed access to psychological and social worker services, correspondence education courses and the privilege of borrowing up to three books from the prison’s law library.

“Thursdays are laundry day. Your sheets go to the laundry-or should I say sheet; one is all we now have.

“Each man is permitted out of his cell for one hour, twice a week. This is the only time you’re out, except for the time in the shower. ” If it is cold or foggy outside, they must exercise in the cell block.

Residents of death row spend their time reading books and magazines, writing letters, reading and re-reading letters from their wives and sweethearts, children and relatives.

Visitors are spoken to through a steel and glass cage with a small opening. Touching is prohibited. The prisoners are strip-searched before and after each meeting, as well as being handcuffed during the visitation.

State officials have defended these restrictions for security reasons. “Our rules and regulations are fair, ” a spokesman for the Department of Rehabilitation and Corrections, said.

Don Canaan is a retired print and television journalist who can’t keep away from words. And now daily news and features from Israel and the Middle East comes alive on his web site at http://www.IsraelFaxx.com The site includes the world-famous Dry Bones political cartoon, more than 1,700 links to sites of Jewish, Christian and Muslim interest, as well as the complete, searchable archives 1994-to the present.

Hurricane, UT-Purgatory Correctional Facility inmates records list

Utah, Washington County Sheriff’s Office: Washington county jail inmate search arrests mug shots booking info, legislative body records, warrantable judgments, capitalization presentments, blanket mortgages, bankruptcy judgments. . .

Utah’s Washington County was established back in 1852 and its name was inspired from the 1st President of the United States of America, George Washington. Hence 146 years later, in 1998, the Washington county jail finished being constructed at a sum of approximately $11,570,000. The Washington county jail is officially called the Purgatory Correctional Facility and owes its craftsmanship to the architectural firm of Gillies, Stransky, Brems & Smith of Salt Lake City.

Hence more than decade afterwards, there’s a bountiful number of sequences that can lead to a jailing inside the Washington county jail. For instance, if your undistinguished-self crack up a liter of Honey Ale or Alsace over and above the validated mark and purpose to do ziz-zags behind the wheels of a Porsche, you might later have to become accommodated with the inside of the Washington county jail. Even so, there’re millions of freemen who throw away the even chances of morally ending up inside the Washington county jail. But dreadfully enough, this could happen to any person at any common year. One moon everything feels healthy and the other trimester you can find yourself experiencing an outburst of dilemmas inside the Washington county jail.

Utah’s Washington County expands on 2,430 sq mi (6,293 km²) which 2,427 sq mi (6,285 km²) is land and 3 sq mi (8 km²), 0.13%, is water. Washington County’s seat is St. George which is also its biggest city. The Washington County Jail is located at the address of 750 South 5300 West Hurricane, Utah 84737 and operates thanks to the numerous doctors and nurses in its full-time health center, the more than 150 employees its scheduling and the correctional officers from Washington County Sheriff’s Office.

Hence in that time somebody could nothing else but hope to God that he was again well-versed before getting walled inside the Washington county jail. Matured precociously could have saved an amplitudinous extent of bellyache from the doc, peace officers and other cagelings inside the Washington county jail. But the resentfulness is still to become visible as the twinkle you’re rapt inside the Washington county jail among hooligans from defined configurations parallel to massacrers, mob members, defilers, infant molesters, con artists, ganefs and so on, you need to get a recall of the verity and secret inmate laws. If you reflect that it’s well protected inside the Washington county jail considering the fact which the detectives are within reach all moments, visualize further

137,589 is the estimated population of Washington County and 57/sq mi (22/km²) is its population density. The Washington county jail commonly records an inmate population which fluxuates between 400-500. Hence the surplus of convicts inside the Washington county jail has grown to be known as a semiyearly gimmick in the preceding academic years hence back in 2005 it reported a recidivism rate of 75%. These detainees inside the Washington county jail surely outnumbers the agents at such level hence unfeasible trying to expert witness every causes. For that matter dominantly, it’s essential to be efficiently advised on the codes of conduct that are inflicted inside the Washington county jail compound, superintend your workings, link with your own genre and be observant of the linked inmate alliances inside the Washington county jail as they spotlight the more than half.

Furthermore urgent inside the Washington county jail is not to lose your wife Rebecca, goodwife, husband Jake, patriarch, boon companions or interconnecteds as they could irresistibly profess in a self-important job from the outside as far as servicing you this night and succeeding your captivity from the Washington county jail in Hurricane, Utah

All Washington County, Utah and nationwide felony bookings, courthouse records, warranted denunciations, national judgments, Washington County public records
, constituents info, adjustment mortgage reports, bankruptcy histories and multiples more can be located from the Washington county jail UT
nationwide database.

Cases Involving Defective Products

Each year, millions of people are being harmed by defective products. A defective product is a product that causes injury or harm to a person. A product may be considered to be defective for many different reasons such as design defect, failure to warn, failure to guard, unfit for intended use, defect in construction, or a defect in materials. With this, defective product claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based.

No matter how big or small, you must file your defective products claim and see what your legal rights are. Basically, liability and damages are two important elements in every defective products law case. A liability involves demonstrating that the person being charged did bear responsibility for the injury. The damages, however, refer to the extent or amount of injury or loss that was suffered on account of the defendant’s actions or negligence.

Know what, defective product cases require extensive resources and experience. Expert witnesses can cost tens of thousands of dollars just for an initial evaluation. Not every lawyer has the resources or connections to utilize the top experts. In addition, product liability cases require originality, creativeness, fortitude and the resources to cover the high expenses involved. Representing injured parties is often expensive for attorneys because they put up large sums of money on these complex cases in order to hire experts, take depositions, gather evidence, and oppose the lawyers of large companies and insurance firms.

Upon winning the case, you are entitled to compensatory damages such as your medical bills incurred as a result of the product defect, reimbursement for any time lost from work, and property damaged as a result of the defective product. You are also entitled to damages for pain and suffering you experienced as a result of your injury. If you are married and the injury has affected the relationship with your spouse, you may be entitled to loss of consortium damages. Your spouse may also be able to recover these damages, even if he or she was not directly injured by the product.

Indeed, to avail the service of a competent counsel is the best way to protect your interests if you have been injured by a defective product. So, if you or your loved ones have been injured because of what you believe is a product defect, you should consult a defective product lawyer at the earliest opportunity to protect you right of recovery. Through an attorney, you’re assured that a thorough search will be performed to locate and then sue all the proper parties if a lawsuit seems justified.

Simply speaking, in every defective product claim, if it wasn’t your fault then someone must be held responsible, and if you’ve been injured then you may be able to recover compensation.

For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com

Child Support Payment Sample Letter

Any child support problems that may come about can be taken care of in court by submitting a letter of consideration to the judge. The following are some of the child support payment sample letters that any parent can make. A mother write a letter asking help of what she will do because she cannot afford anymore to pay child support on time. Another one is that her ex-spouse is being late with the child support, the check bounces or sometimes she is only given half of the amount agreed upon, she is asking if she can withhold the visitation.

Regarding the first child support payment sample letter of a mother that cannot pay the child support on time she also explained her reasons that she also has three children that are being supported and one in college, she cannot think of where to find money to support the child, she is disabled and no income at all but the court ordered the maximum payments and did not consider her other children. She is not intending to neglect her child support but the problems occur. In this manner the court advises her to settle changed circumstances to be considered in modifying her child support. She must notify the court of her problems in supporting her family and if she submits a changed circumstance request that is the only time wherein the court can decide about her letter.

The second payment sample letter is from a custodial parent who is having a problem receiving child support from her ex spouse; it is always late and lacking. She is asking if she can withhold visitation of her child. The court says that she cannot withhold visitation because child support and visitation are two separate legal issues. The courts do not like it when one party takes the law in his or her own hands to alleviate problems in child support. The court can charge the offending party, the one withholding visitation with penalties and if your ex-spouse decides to sue for custody, the action of withholding can be held against him or her. He or she can deal directly with each other to solve the problem, he or she must find out the problem that becomes the root of the delayed support. If after dealing with each other and no solutions are found then he or she can go to court and ask the court for support obligations. The court can order wage garnishment wherein the employer will be the one to deduct the child support from the paycheck.

The given child support payment sample letters can give some solution to those concerned who also have the same problem and are ashamed to open up. Wage garnishment is not so much used as a solution unless both parties decide to do so. The most important thing here is the withholding of visitation is not allowed. To avoid problems that will lead to a court hearing and you may be the one to pay for attorney’s fee and other expenses with the court case. Some judges include COLA in their orders when setting child support. Because of this there is no need for modification requests based solely on cost of living increases.

Clifford Young is an accomplished niche website developer and author. To learn more about child support payment sample letter
, please visit Paying Child Support for current articles and discussions.

Divorce Lawyer Analysis: Improving Community Property with Separate P

This article goes over some of the community property laws a divorce lawyer may apply when separate property of a spouse is used for a community asset. But, first an example:

Let’s say that Steve and Sarah are married. Five years into their marriage they bought a small propeller plane together. Both Steve and Sarah absolutely love to fly, and together they clock many hours soaring through the skies over Baton Rouge. For the purposes of this example, let’s say that Steve and Sarah purchase the plane with monies from their joint savings account; and the monies there in are an accumulation of paychecks they have received from their respective employment.

Five years after the plane is purchased, something goes wrong with it. To fix the problem, it is going to cost fifty thousand dollars. This comes as bad news to the couple, because they do not have that kind of money. However, a few months later, Sarah’s father dies. In his will, Sarah’s father leaves her exactly fifty thousand dollars. Without skipping a beat, Sarah uses the money to fix the plane. She and Steve are happy once more, because they can continue flying.

Now let’s say four years later one of the parties decides to end the marriage and hire a divorce lawyer. They engage the help of family attorneys, because they are disputing how to divide up their property. One issue they have is the fifty thousand dollars Sarah spent to improve the aircraft.

Under Louisiana Civil Code article 2367, separate property used by one spouse to improve community property may be partially reimbursed by the other spouse upon an end to the marriage. Specifically, the other spouse needs to pay fifty percent of the value of the separate property used at the time it was used. Article 2367 also says that the spouse who is reimbursing the other spouse for using their separate property must pay fifty percent of the value of that separate property up to the amount remaining of their half of the community property. Knowing that, let’s turn back to Steve and Sarah.

Let’s say that, after each pays for their divorce lawyer, Steve and Sarah are pretty much broke. They have a lot of debt, both community debt and separate debt. After everything has been divided, it turns out that their community property regime is worth in total only forty thousand dollars. This means that each will get exactly half, or twenty thousand dollars. However, remember that Steve is supposed to reimburse Sarah for the separate property she used to improve the community property. Here, the inheritance is separate property (under Louisiana law inheritances to one spouse are considered separate property) and the plane is probably going to be considered community property (because both spouses purchased it during the course of their marriage with community funds. )

So then, Steve owes Sarah half of the fifty thousand dollars she spent to improve the plane, or twenty five thousand. However, his half of the community property is only twenty thousand dollars. This means that while he will have to forfeit his half of the community property to satisfy the debt to Sarah, Louisiana law will probably not make him pay the additional five thousand dollars.

Will Beaumont is a divorce lawyer in New Orleans. This article is purely informational and not legal advice. If you have a question, contact an attorney for more information.

If you commingle your separate assets with community assets, it can be difficult to determine later on what assets belong to whom. For more information, contact a New Orleans divorce lawyer at Beaumont Divorce, 3801 Canal St #207, New Orleans, LA, 70119 (504) 483-8008 .

How to Find Out If a Court Arrest Warrant Has Been Issued, and What t

If you fail to show up for court after you have agreed or been ordered to do so, a court arrest warrant will likely be issued for you. What exactly does this mean to you? Will the SWAT Team be kicking down your door to arrest you? Is it safe to leave the house? Should you turn yourself in? First you will need to find out if a court arrest warrant has even been issued. If so, what happens next depends on a lot of things.

Finding out if a court arrest warrant has been issued is as easy as picking up the telephone and calling the clerk of courts office. They will be able to inform you exactly what measures have been taken by the court, and they should be able to tell you who holds the court arrest warrant, too. The arrest warrant may have been passed on to the city police or the county sheriff. Maybe both authorities hold your warrant, as well as the state patrol, the FBI, the Federal Marshall’s office. The list of law enforcement authorities who can arrest you on a court arrest warrant is quite exhaustive. Who holds your warrant depends largely on what your crime was and how badly the court wants you arrested.

If you failed to appear in court for a minor traffic ticket and a court arrest warrant was filed, then it is possible that the police will knock on your door looking for you. It is more likely, however that they will simply wait for you to make a mistake, like not using your turn signal, and arrest you when they pull you over. If you are a suspected terrorist, however, then you can expect heavily armored men in black masks and big guns serving the court arrest warrant.

Once you have found out that a court arrest warrant has been issued, it is always best to turn yourself in immediately to the authorities that hold the warrant. The first reason for turning yourself in is that you won’t have to constantly be looking over your shoulder to see if someone is there ready to slap on the cuffs. You will also be treated much better when you cooperate, both by the arresting authorities as well as when you show up for court. Many times when you turn yourself in for a court arrest warrant, your sentence will be much lighter than if you evaded the warrant and the authorities had to hunt you down.

Often court arrest warrants and records are available online. Try looking up the court you were supposed to appear in and see if they have an online records search. Simply type in the information it asks for, usually your name, address, social security number, etc. Any records of court arrest warrants, as well as other records about you, will come up. This information might include the date that the court arrest warrant was issued, if and when it expires, and who is authorized to serve the court arrest warrant.

Patricia Stevens owns and operates http://www.courtarrestrecords.com

Court Arrest Records

Auburn, IN-DeKalb county jail inmate information; lookup records

Indiana, DeKalb County Sheriff’s Office: DeKalb county jail inmate mugshots records roster search & locator, DeKalb County public records, martial hierarchies, phone numbers registries, time of births, address documentations, neighborhood info, stage & factual names, related and affiliateds inquiries…

Indiana’s DeKalb County was established by the Indiana legislature in 1835 and named for General Johann Baron de Kalb which was a Continental Army officer from Bavaria, who endured serious injuries at the Battle of Camden, South Carolina.

3 years afterwards on May 9 1838, the first DeKalb county jail was acknowledge by the DeKalb County Commissioners.

More than 170 years afterwards, there’re multiples and various occasions that can manipulate a detention inside the DeKalb county jail. For instance, if your undistinguished-self swill down a load of Pale Ale or Muscat en plus the validated amount and incline to approach a Volks Wagen, you might later find yourself inside the DeKalb county jail. Nonetheless, there’s a world of taxpayers who mute the future of rapidly ending up inside the DeKalb county jail. Inordinately enough, this could come to pass to any living soul at any hour. One millennium one and all seems most assuredly well and the other microsecond you can find yourself a the center of a stormy weather of worries inside the DeKalb county jail

Indiana’s DeKalb County expands on 363.84 sq mi (942 km²) which 362.88 sq mi (940 km²) is land and 0.97 sq mi (3 km²), 0.27%, is water. DeKalb County’s seat is Auburn.

The DeKalb county jail is currently situated at the address of 215 E. 8th St. , Auburn, IN 46706, United States of America and its blueprint began to materialize on April 23 1984 at a sum of more than $2.86 million dollars. The DeKalb county jail is at its 5ft installment and is still monitored by the DeKalb County Sheriff’s Office.

Hence in that millisecond a swindler could immaculately hope and pray that he was among other things prepared and ready before getting restrained inside the DeKalb county jail. Practiced headmost could have unexercised a gargantuan score of bothersomeness from the premises, commissioned officers and other jailbirds inside the DeKalb county jail. Still the resentfulness is determinate to come apart as the split second you’re congested inside the DeKalb county jail among villains from opposite structures resembling to murderers, alliance members, rapists, child molesters, thieves, den of thieves and of the sort, you need to get a grasp of the unmistakableness and close codes of conduct. If you anticipate that it’s sound inside the DeKalb county jail considering the fact which the majors are marking all instants, dream furthermore!

Indiana’s DeKalb County has a population of 42,223 and a population density of 116/sq mi (44.92/km²).

The DeKalb county jail contains more than 27,500 square feet which serve for the rehabilitation of the thousands of inmates it process annually.

Hence the consistant overgrowth number of captives inside the DeKalb county jail has risen to be a biweekly atmosphere in the go by 3987 days due to the snowball in the omission quota. These unfrees inside the DeKalb county jail smoothly outnumbers the agents at such fraction hence unrealizable trying to witness every causes. For that philosophy particularly, it’s urgent to be efficiently vigilant on the rules that are honored inside the DeKalb county jail edifice, boss your conduct, tutor with your own genre and be aware of the variant inmate regiments inside the DeKalb county jail as they map the more than half.

Also critical inside the DeKalb county jail is not to ignore your wife Isabelle, better half, husband Thomas, patron, chums or ancestries as they could mimic in a full to bursting job from the outdoors as far as budgeting you at this point and following your confinement from the DeKalb county jail in Auburn, Indiana

All Auburn, Indiana, DeKalb County and nationwide criminal reports, martial stratum enlightenments, phone numbers indexing inquiries, year of birth investigations, IN public records
, address chronologies, neighborhood info, professional & official names lookups, granddaughter and amalgamate investigations and millions more can be accessed from the DeKalb county jail inmate lookup nationwide database.

Husbands And Wives Should Have Separate Wills

When couple create a will, they think that creating a single document for the family is the correct thing to do. However, many legal experts are of the opinion that husbands and wives should, in fact, make individual wills.

When a husband and wife make a single will it is called a Combine Will. If one spouse dies, the will has to be submitted in the probate court. When this happens, the information contained in the will can be made available to the public. This can create privacy issues for the family.

Furthermore, if the surviving spouse dies while the will is in the probate court, it can cause bigger headaches for the family. The family then has to get a copy of the original Combined Will and file it in the probate court for the second spouse who passed away. This can be even more problematic if the second spouse has moved his / her home to a jurisdiction which is different from where the first spouse’s will is being probated.

Taking this scenario into consideration, it makes more sense for a husband and wife to have separate Last Will and Testament. This does not mean that the wills have to written differently. The two wills can be mirrors of each other which can stipulate that the first spouse to pass away would leave his / her property and assets to the surviving spouse and after that the property and assets would pass on to the children.

Having separate wills do away with a number of probate issues and it just makes things easier for the family.

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Weight of Marijuana and Criminal and Tax Law

Conclusive research has shown that wet (uncured) marijuana is not psychoactive. Before drying, decarboxylation of inactive THCA acid into delta9 THC has not yet occurred. During the curing (drying) process, the COOH bonded to the THCA is released. The result is marijuana’s psychoactive compound delta9 THC. The State of North Carolina’s laws do not distinguish between the uncured weight of marijuana from the cured (dry) weight, necessary for marijuana to be consumed or sold. No one purchases wet marijuana at a price comparable to suggested market value because approximately 80% of this weight consists of water, both in the plant tissue and chemically bonded by carbon to the THC molecule. No one smokes fresh, wet, uncured marijuana because it cannot produce a euphoric effect. Decarboxylation must occur by drying prior to it’s combustion that occurs with smoking (this does not occur when attempting to smoke uncured marijuana), drying must also occur before eating marijuana, if it is to produce a euphoric effect.

North Carolina’s G. S. 15A-903(a)(1) allows the State to retain only a small random sample of marijuana to be made available to prosecutors and notably the defendants for the discovery rights. This deprives the defense of having all the evidence available to them. The actual weight of marijuana is an essential element of the criminal statute. The marijuana’s weight is the primary factor in determining the NC unauthorized substance tax assessment.

‘Mature stalks’ are found on all mature marijuana plants. The percentage by weight of marijuana’s ‘mature stalks’ can vary widely by different cultivation methods and by genetic variation. NC G.S.90-87(16) clearly exempts ‘mature stalks’ from being considered toward the weight of ‘marijuana’ for criminal sentencing purposes. ‘Mature stalks’ are exempt because the State has recognized that they have neither intrinsic value as an intoxicant, nor any noteworthy market value. Marijuana’s ‘shade leaves’ are a waste product for marijuana farmers. These leaves are not smoked, and are not psychoactive. Likewise, male marijuana plants do not produce smokeable buds nor THC (the psychoactive ingredient of ‘marijuana’). Marijuana’s initial wet, uncured weight can be over 500% of the final, dried, consumable and marketable weight. Uncured marijuana cannot be bagged or jarred because without curing because it would mold, rot, and become valueless. The State’s weighing of water content in uncured marijuana has resulted in many citizens receiving far harsher imprisonment, taxes and fines. Marijuana trafficking in North Carolina carries a mandatory minimum 2-year sentence for anyone possessing 10 lbs. or more. One pound of marijuana may weigh 6lbs before it dries and is useable. Many small farmers end up with trafficking charges because of this discrepancy. I do not believe this was legislature’s intent, nor is it just. The marijuana trafficking statutes, § 90-95 (h) (1) section (a through d) , are all unreasonably harsh by commanding lengthy mandatory minimum prison sentences. At the very least, the weight of marijuana required to warrant adding a trafficking charge should be restored to its initial threshold of 50lbs, and should be dried, and shade leaves, stems and all stalks removed before weighing. Because of recent scientific proof showing marijuana’s usefulness, and its benign non-toxic effects along with current attitudes toward marijuana, trafficking in marijuana should be removed from our current laws. Currently some citizens are being charged twice for the same 10 lbs. , one trafficking count for cultivation and another for possession, and this is in addition to manufacturing and possession charges.

North Carolina’s Unauthorized Substance Tax Act, Article 2D § 105-113.106 (6) has a different definition of what constitutes ‘marijuana’, divergent from North Carolina’s Controlled Substance Act’s definition found in § 90-87(16). These statutes also differ in their definitions of exemptions of parts of the plant not to be considered as ‘marijuana’, respectively 105-113.107A – Exemptions and § 90-87(16). N. C. ’s drug tax law § 105.113.107(a)(1) commands for a tax of 40 ? per gram for stems and stalks that have been separated from and not mixed with any other parts of the marijuana plant. Yet the next paragraph, § 105.113.107(a)(1a), commands for a tax of $3.50 a gram, or fraction thereof, of marijuana, other than separated stems and stalks taxed under subdivision (1) of this section. In § 105-113.107A (b) (1), it states, “the tax levied in this article does not apply to the following marijuana: (1) Harvested mature marijuana stalks when separated from and not mix with any other parts of the marijuana plant.

Any knowledgeable and reasonable person would assume that all stalks and large stems would eventually be separated from the rest of the marijuana plant. It is impossible separate the stalks prior to harvest, yet a reasonable person would assume that separation would eventually occur. Therefore, requiring mature stalks to be separated from and not mixed with other parts of the plant to qualify under NC § 105-113.107A(b)(1)’s exemptions seems far from reasonable or just. For example, the roots of the marijuana plant are exempt from tax liability under § 105-113.107A(b)(4), whether separated or not. As mentioned, N. C. G. S. 90-87(16) clearly exempts ‘mature stalks’ (separated or not), which is not considered ‘marijuana’ by it’s definition.

Article 2D § 105-113.106(6)
’s provisions pertaining to ‘growing marijuana’ are impossible to comply with, and should be considered unconstitutional. § 105-113.106(6) defines marijuana as ‘all parts of the genus Cannabis, whether growing or not’ and as stated before, § 105-113.107(a) (1a) calls for an excise tax of $3.50 per gram of ‘marijuana’. N. C.

Article 2D § 105-113.109 (requiring payment during actual or constructive possession) is impossible to comply with concerning growing plants. Being a growing plant, its weight is changing continuously and therefore is unable to be determined accurately. Taking into consideration that a growing plant is attached to exempt growing roots, determination of the taxable part’s weight is impossible to accurately assess. § 105-113.109 also demands the drug tax stamps shall be permanently affixed to the unauthorized substance. Growing plants, especially outdoors, do not have a place to attach stamps where the plant will not outgrow and cause detachment.

The excessive mandatory minimum prison sentences for marijuana infractions under the N. C. G. S. § 90-95 (h) (1) section (a through d) are all based on the weight of the marijuana. Therefore, by not determining the cured weight without ‘mature stalks’ of ‘marijuana’ prior to destruction and independent inspection and concurred confirmation by defendants; defendants’ right to examine and test plants under G.S.15A-903(a)(1) and defendants’ State and Federal Constitutional rights to due process are denied by removing the chance of a fair and reasonable opportunity to investigate, prepare and present their defense. Destruction by the State of marijuana held as evidence, before an agreed weight between the State and defendants, also violates defendants’ right of confrontation under Article 1, Section 23 of the Constitution of the State of North Carolina. Mandatory minimums sentences should not be allowed for marijuana related offences.

Past cases concerning the destruction of marijuana prior to independent determination of its weight have been ruled in favor of the State. In light of recent research and these new arguments, premature destruction of marijuana evidence by the State should not be considered actions taken in ‘good faith’, and considered violations of defendants’ rights previously mentioned. N. C. G. S. 90-87(16) needs to be amended to include plant moisture in the list of exempt parts of marijuana; this would more fairly apply the law by preventing unfair sentencing and fines. All stalks (mature or not), shade leaves, and male plants should be added to G. S. 90-87(16)’s exemption list also. Article 2D § 105-113.106(6) needs to reflect G. S. 90-87(16) by exempting all stalks (hemp fiber) separated or not, from tax liability. The valueless waste product, ‘shade leaves’, should not be taxed at $3.50 a gram and should be added along with male plants and most importantly the ‘moisture of wet or non-dried’ marijuana to § 105-113.107A and NC GS § 90-87(16)’s list of exemptions.

Legalization through regulation and a tax makes much more sense than waging war against the citizens of our State. Marijuana does not hurt society, while marijuana laws are destructive to society by creating criminals out of otherwise hard working, tax paying, good people. Alcohol and tobacco abuse causes many health and social problems, while marijuana’s effects are relatively benign to individuals and society. Until the criminal aspect is removed from marijuana, reason and justice, are replaced by oppression and hypocrisy. Please make your voice heard.

Insanity in the courts: in this drug tax case, Docket No 2002-683 (NC) (in PDF format) The State charged a citizen $39,654.72 for 1.9 pounds of marijuana by considering its initial wet weight (with some root balls) of 17.75 pounds. This demonstrates why are laws are unfair, harsh, and need to be revised. This tax case, NC Docket No 2003-269 May 19,2003 is an example of the State weighting dilute mixtures (in this case 20 pounds {9120 grams} of homemade chocolate fudge), resulting in a $44,847.60 assessment when including penalties and interest with no mention of the additional criminal charges.

In the infamous case, STATE OF NORTH CAROLINA v.BRIAN FRANK GONZALES NC NO.COA03-606 – June 1, 2004 the State appealed the dismissal of trafficking charges that were rationalized in trial court by charging him with the fresh wet weight of 25.5 pounds even though the SBI certified the marijuana’s weight at 6.9 pounds 1 month later. The State won this case in appellate court. It is now the duty of citizens of North Carolina to inform your State Representatives and schedule appointments with them, or at least call to tell them how you feel and encourage them to support changing the laws the way they are currently worded.
See my proposed statute revisions, and a proposed Medical Marijuna Act of North Carolina -adapted from MPP’s model legislation – Click Here

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REACH Regulations and Its Impact on Indian Pharmaceutical Market

European Union has opted for the acceptance of REACH regulations on 1st June, 2007. REACH stands for Registration, Evaluation, Authorization and Restriction of Chemical. The regulation is adopted for streamlining and improving the former legislative framework on chemicals of the European Union. The regulations has put the Burden of Proof” on the industry to manage the risks that chemicals may pose to the health and the environment. REACH regulations covers not only industrial chemicals but also chemicals, which are used in our day-to-day life (e. g. paints, dyes used for clothing, etc. )

Objectives of implementing REACH regulations are:

* Improve the protection of human health and the environment from the risks that can be posed by chemicals
* Enhance the competitiveness of the EU chemicals industry, a key sector for the economy of the EU
* Promote alternative methods for the assessment of hazards of substances
* Ensure the free circulation of substances on the internal market of the European Union.

All the exporters and importers of chemicals will identify and manage the risks and hazards associated with the chemicals that they manufacture and market. REACH requires manufacturers and importers of chemicals to produce data on all chemical substances that are produced or imported into the EU in volumes above one ton a year. Appropriate risk management measures must also be identified and users informed of them.

REACH regulations are imposed on manufacturers or importers of chemicals of more than 1 metric ton per annum per company. For companies who are manufacturing and exporting more than 1 metric ton of a chemical to Europe will need to register the chemical by submitting the dossier and proving that the chemical is safe to use. Potential registrants (i. e. manufacturers and importers of chemicals) must ‘pre-register’ these substances by December 1, 2008. Those that are not pre-registered by that date will have to undergo a full registration process in December, or be withdrawn from sale. Supply of substances to the European market, which have not been registered, would be considered as illegal.

REACH regulations are managed by European Chemicals Agency (ECHA), which will operate from Helsinki, Finland.

Although, REACH regulations cover all chemicals, exemptions are provided for medicinal products. Hence, all active pharmaceutical ingredients (APIs) and their finished dosage forms are exempted from the cover of REACH regulations.

There are many companies in India, which manufacture and exports intermediates for APIs to clients in European countries. Indian companies consider intermediates for APIs as a huge market. As intermediates for APIs are not classified as medicinal products, hence are not exempted under REACH regulations. Intermediates for APIs need to be pre-registered before the deadline of 30th Nov, 2008 and then processed for its registration procedure.

Intermediates for the APIs can be classified again under 2 main categories under REACH:

* Non-isolated intermediates
* Isolated intermediates
* On-site (non transported) isolated intermediates
* Transported isolated intermediates

A non-isolated intermediate is an intermediate that during synthesis is not intentionally removed (except for sampling) from the equipment in which the synthesis takes place.

On-site isolated intermediate means an intermediate not meeting the criteria of a non-isolated intermediate and where the manufacture of the intermediate and the synthesis of another substance from that intermediate take place on the same site, operated by one or more legal entities.

A transported isolated intermediate is an intermediate not meeting the criteria of a non-isolated intermediate and transported between or supplied to other sites.

Under REACH regulations, non-isolated intermediates are exempted from review process as non-isolated intermediates remain in the reaction process and are not isolated.

Most of Indian pharmaceutical companies exporting intermediates for APIs would fall under the perview of the “Isolated intermediates” category for which the companies will need to undergo review procedure under REACH regulations.

Relief under Strictly controlled conditions:

For both on-site and transported isolated intermediates, there is possibility to provide a reduced set of information for their registration under the following conditions:

* For on-site isolated intermediates, the manufacturer confirms that the substance is only manufactured and used under strictly controlled conditions in that it is rigorously contained by technical means during its whole life cycle.
* For transported isolated intermediates, the manufacturer or importer confirms himself or states that he has received confirmation from the user that the synthesis of another substance from that intermediate takes place on other sites under strictly controlled conditions.

Adding to the above-mentioned brief overview of REACH regulations, all the steps of registration under REACH regulations are expensive as all the products (other than exempted products) need to be registered individually.

In conclusion, impact of REACH regulations in India’s Pharmaceutical sector would

* potentially disrupt the supply of intermediates for APIs
* push up drug prices.