Time: Wed Oct 01 10:19:15 1997
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Date: Wed, 01 Oct 1997 10:02:26 -0700
To: creator@islandnet.com (Matt Elrod)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Assistance needed Bar to prosecution (fwd)

I think you are over-extending the meaning
of the law.  A waiver from another state, 
is not the same as a conviction in that
other state.  You cannot invoke your
double-jeopardy immunity, when there has
not even been a first trial, or conviction,
in the first instance.

Just my private opinion, FWIW.

/s/ Paul Mitchell

copy: Supreme Law School

At 09:35 AM 10/1/97 -0700, you wrote:
>>Greetings, Mark
>>Would you post this to the appropriate list.  You could have any
>>respondents reply to me privatly if it is slightly off topic.
>>I've been studying the Uniform Controlled Substance Act, in Washington
>>State and would like
>>everyone's feedback on the interpretations of Section 69.50.405 - Bar to
>>Prosecution.  It says:
>>Sec.   69.50.405    Bar to prosecution.   If a violation of this act is a
>>violation of a federal law or the law of another state, a conviction or
>>acquittal under federal law or the law of another state for the same act is
>>a bar to prosecution in this state.
>>The second part is a double jeopardy clause which means that if I was
>>standing on the Oregon-Washington border I could only be tried in one
>>state or the other. But the first part, to me, means I can use
>>California's Proposition 215 in this state, because I possess two
>>doctor's notes, and medical marijuana is legal in California, and in
>>my case a violation of the UCSA in WA state is a violation of CA
>>state law.
>>It seems the use of the comma is confusing to most people but you are all
>>an intelligent bunch and I would appreciate your input.  Thanks!
>>Ty Matthews
>Forwarded by
>Mark Greer
>Media Awareness Project (MAP) Inc.
>d/b/a DrugSense

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness
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