WaIIy wrote:

On Sat, 11 Oct 2003 00:15:08 -0700, "Jack Rye"
.# wrote:

Since we are talking a large amount purchased and consumed. I am sure the
DEA will have some questions for Rush, and his supplier. Unless our
favorite Republican U.S. Attorney steps in and waves any and all
prosecution. From what my sources say, "the deal has been made on the state
level, and the attorney a democrat has made a deal not to prosecute Rush.
For future advancement"

Jack

Your "sources" ?

"My brother has a nose like a vacuum cleaner" - Who said that?


Wally, Wally, Wally. Are you going to go through your entire life being
the dumbest of d.f.'s?

Rush is white, Rush is rich, Rush is a conservative. That means Rush is
going to get a pass on his drug-related criminal activities.

This is Amerika, Wally. These rules don't apply to Rush:

893.13 Prohibited acts; penalties.--


(2)(a) Except as authorized by this chapter and chapter 499, it is
unlawful for any person to purchase, or possess with intent to purchase,
a controlled substance. Any person who violates this provision with
respect to:

1. A controlled substance named or described in s. 893.03(1)(a),
(1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

2. A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.

(b) Except as provided in this chapter, it is unlawful to purchase in
excess of 10 grams of any substance named or described in s.
893.03(1)(a) or (1)(b), or any combination thereof, or any mixture
containing any such substance. Any person who violates this paragraph
commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.

(3) Any person who delivers, without consideration, not more than 20
grams of cannabis, as defined in this chapter, commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
For the purposes of this paragraph, "cannabis" does not include the
resin extracted from the plants of the genus Cannabis or any compound
manufacture, salt, derivative, mixture, or preparation of such resin.

(

(5) It is unlawful for any person to bring into this state any
controlled substance unless the possession of such controlled substance
is authorized by this chapter or unless such person is licensed to do so
by the appropriate federal agency. Any person who violates this
provision with respect to:

(a) A controlled substance named or described in s. 893.03(1)(a),
(1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

(b) A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A controlled substance named or described in s. 893.03(5) commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.

(6)(a) It is unlawful for any person to be in actual or constructive
possession of a controlled substance unless such controlled substance
was lawfully obtained from a practitioner or pursuant to a valid
prescription or order of a practitioner while acting in the course of
his or her professional practice or to be in actual or constructive
possession of a controlled substance except as otherwise authorized by
this chapter. Any person who violates this provision commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.

(b) If the offense is the possession of not more than 20 grams of
cannabis, as defined in this chapter, the person commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
For the purposes of this subsection, "cannabis" does not include the
resin extracted from the plants of the genus Cannabis, or any compound
manufacture, salt, derivative, mixture, or preparation of such resin.

(c) Except as provided in this chapter, it is unlawful to possess in
excess of 10 grams of any substance named or described in s.
893.03(1)(a) or (1)(b), or any combination thereof, or any mixture
containing any such substance. Any person who violates this paragraph
commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.

(d) Notwithstanding any provision to the contrary of the laws of this
state relating to arrest, a law enforcement officer may arrest without
warrant any person who the officer has probable cause to believe is
violating the provisions of this chapter relating to possession of cannabis.

(7)(a) It is unlawful for any person:

1. To distribute or dispense a controlled substance in violation of
this chapter.

2. To refuse or fail to make, keep, or furnish any record,
notification, order form, statement, invoice, or information required
under this chapter.

3. To refuse an entry into any premises for any inspection or to refuse
to allow any inspection authorized by this chapter.

4. To distribute a controlled substance named or described in s.
893.03(1) or (2) except pursuant to an order form as required by s. 893.06.

5. To keep or maintain any store, shop, warehouse, dwelling, building,
vehicle, boat, aircraft, or other structure or place which is resorted
to by persons using controlled substances in violation of this chapter
for the purpose of using these substances, or which is used for keeping
or selling them in violation of this chapter.

6. To use to his or her own personal advantage, or to reveal, any
information obtained in enforcement of this chapter except in a
prosecution or administrative hearing for a violation of this chapter.

7. To possess a prescription form which has not been completed and
signed by the practitioner whose name appears printed thereon, unless
the person is that practitioner, is an agent or employee of that
practitioner, is a pharmacist, or is a supplier of prescription forms
who is authorized by that practitioner to possess those forms.

8. To withhold information from a practitioner from whom the person
seeks to obtain a controlled substance or a prescription for a
controlled substance that the person making the request has received a
controlled substance or a prescription for a controlled substance of
like therapeutic use from another practitioner within the previous 30 days.

9. To acquire or obtain, or attempt to acquire or obtain, possession of
a controlled substance by misrepresentation, fraud, forgery, deception,
or subterfuge.

10. To affix any false or forged label to a package or receptacle
containing a controlled substance.

11. To furnish false or fraudulent material information in, or omit any
material information from, any report or other document required to be
kept or filed under this chapter or any record required to be kept by
this chapter.

(b) Any person who violates the provisions of subparagraphs (a)1.-7.
commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083; except that, upon a second or subsequent
violation, the person commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Any person who violates the provisions of subparagraphs (a)8.-11.
commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.

(8)(a) Notwithstanding subsection (9), a prescribing practitioner may not:

1. Knowingly assist a patient, other person, or the owner of an animal
in obtaining a controlled substance through deceptive, untrue, or
fraudulent representations in or related to the practice of the
prescribing practitioner's professional practice;

2. Employ a trick or scheme in the practice of the prescribing
practitioner's professional practice to assist a patient, other person,
or the owner of an animal in obtaining a controlled substance;

3. Knowingly write a prescription for a controlled substance for a
fictitious person; or

4. Write a prescription for a controlled substance for a patient, other
person, or an animal if the sole purpose of writing such prescription is
to provide a monetary benefit to, or obtain a monetary benefit for, the
prescribing practitioner.

(b) If the prescribing practitioner wrote a prescription or multiple
prescriptions for a controlled substance for the patient, other person,
or animal for which there was no medical necessity, or which was in
excess of what was medically necessary to treat the patient, other
person, or animal, that fact does not give rise to any presumption that
the prescribing practitioner violated subparagraph (a)1., but may be
considered with other competent evidence in determining whether the
prescribing practitioner knowingly assisted a patient, other person, or
the owner of an animal to obtain a controlled substance in violation of
subparagraph (a)1.

(c) A person who violates paragraph (a) commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) Notwithstanding paragraph (c), if a prescribing practitioner has
violated paragraph (a) and received $1,000 or more in payment for
writing one or more prescriptions or, in the case of a prescription
written for a controlled substance described in s. 893.135, has written
one or more prescriptions for a quantity of a controlled substance
which, individually or in the aggregate, meets the threshold for the
offense of trafficking in a controlled substance under s. 893.15, the
violation is reclassified as a felony of the second degree and ranked in
level 4 of the Criminal Punishment Code.

(9) The provisions of subsections (1)-(8) are not applicable to the
delivery to, or actual or constructive possession for medical or
scientific use or purpose only of controlled substances by, persons
included in any of the following classes, or the agents or employees of
such persons, for use in the usual course of their business or
profession or in the performance of their official duties:

(a) Pharmacists.

(b) Practitioners.

(c) Persons who procure controlled substances in good faith and in the
course of professional practice only, by or under the supervision of
pharmacists or practitioners employed by them, or for the purpose of
lawful research, teaching, or testing, and not for resale.

(d) Hospitals that procure controlled substances for lawful
administration by practitioners, but only for use by or in the
particular hospital.

(e) Officers or employees of state, federal, or local governments
acting in their official capacity only, or informers acting under their
jurisdiction.

(f) Common carriers.

(g) Manufacturers, wholesalers, and distributors.

(h) Law enforcement officers for bona fide law enforcement purposes in
the course of an active criminal investigation.

(10) Notwithstanding any provision of the sentencing guidelines or the
Criminal Punishment Code to the contrary, on or after October 1, 1993,
any defendant who:

(a) Violates subparagraph (1)(a)1., subparagraph (1)(c)2., subparagraph
(1)(d)2., subparagraph (2)(a)1., or paragraph (5)(a); and

(b) Has not previously been convicted, regardless of whether
adjudication was withheld, of any felony, other than a violation of
subparagraph (1)(a)1., subparagraph (1)(c)2., subparagraph (1)(d)2.,
subparagraph (2)(a)1., or paragraph (5)(a),

may be required by the court to successfully complete a term of
probation pursuant to the terms and conditions set forth in s.
948.034(1), in lieu of serving a term of imprisonment.

(11) Notwithstanding any provision of the sentencing guidelines or the
Criminal Punishment Code to the contrary, on or after January 1, 1994,
any defendant who:

(a) Violates subparagraph (1)(a)2., subparagraph (2)(a)2., paragraph
(5)(b), or paragraph (6)(a); and

(b) Has not previously been convicted, regardless of whether
adjudication was withheld, of any felony, other than a violation of
subparagraph (1)(a)2., subparagraph (2)(a)2., paragraph (5)(b), or
paragraph (6)(a),

may be required by the court to successfully complete a term of
probation pursuant to the terms and conditions set forth in s.
948.034(2), in lieu of serving a term of imprisonment.

History.--s. 13, ch. 73-331; s. 1, ch. 76-200; s. 1, ch. 77-174; s. 2,
ch. 79-1; s. 3, ch. 79-325; s. 5, ch. 80-30; s. 2, ch. 80-70; s. 490,
ch. 81-259; s. 2, ch. 82-16; s. 52, ch. 83-215; s. 1, ch. 84-77; s. 5,
ch. 85-242; s. 4, ch. 87-243; s. 2, ch. 88-381; s. 4, ch. 89-281; s. 1,
ch. 89-524; ss. 1, 6, ch. 90-111; s. 1, ch. 93-59; s. 2, ch. 93-92; s.
1, ch. 93-194; ss. 22, 23, ch. 93-406; s. 2, ch. 96-360; s. 2, ch. 97-1;
s. 1, ch. 97-43; s. 1827, ch. 97-102; s. 22, ch. 97-194; s. 106, ch.
97-264; s. 1, ch. 97-269; s. 47, ch. 97-271; s. 1, ch. 98-22; s. 1, ch.
99-154; s. 14, ch. 99-186; s. 3, ch. 2000-320; s. 11, ch. 2002-78; s. 2,
ch. 2002-81; s. 3, ch. 2003-10; s. 1, ch. 2003-95.



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