"Reality_Check©" wrote in message
news:47e9e44e$0$25981$88260bb3@free.teranews.com...
>
> "Bo Raxo" wrote in message
> news:poednQtjzYamQ3TanZ2dnUVZ_sOrnZ2d@comcast.com...
>>
>> "Reality_Check©" wrote in message
>> news:64u2avF2dc8sbU1@mid.individual.net...
>>>
>> >
>>> Did Federal Drug Laws not apply to the Felonies in question?
>>>
>>
>> Not established they were felonies,
>
> Do tell how one can conspire to purchase/possess cocaine
> without committing a felony.
>
He admitted to using cocaine. Someone comes up to you at a party, asks if
you want some - that's happened to me. They're offering to share their
drugs.
No need to conspire, to purchase, to possess. If you're inclined, you step
in to the bathroom or wherever, you snort it up. Or smoke it, whatever.
>> and it is possible federal charges didn't apply.
>
> Please do tell how one can purchase, possess and/or use cocaine
> in the U$A without violating Federal Felony laws.
>
I'm not an attorney, but I understand some drug use can violate state laws
without touching federal laws. Federal law is based on the interstate
commerce clause, so if you merely use what someone offers you, no commerce
involved.
>
>>
>>> Did David Patterson state he conspired, purchased, obtained and used
>>> cocaine in New York, or is that another one of Larry's classic strawmen
>>> ?
>>>
>>
>> No, Patterson stated he used.
>
> So where and how did he obtain the cocaine he used?
>
I don't know, and neither do you. People offer drugs, it happens. I've had
it happen many times.
>>I've had people offer me drugs - for free -
>
> Conspiracy to Distrubute/Possess.
Nope. No conspiracy. No distribution. No possession, Someone hands you
the mirror, you partake (or don't). No possession. No distribution. No
conspiracy.
Really, is this concept beyond your comprehension?!?
>
>> at parties and in nightclubs and bars. ( When you turn 'em down they
>> think you must be a cop. ) No purchase,
>
> Irrelevant, it's still distribution.
>
The person who gives it to you *might* meet the test of distribution (though
I doubt it). The recipient does not.
>> no conspiracy,
>
> Yes conspiracy if you accepted the drugs, or agreed and took an "overt
> step"
> toward possessing/accepting the drugs.
You really need to read the conspiracy statute. If someone hands you a joint
and you take a puff and hand it backed, you didn't conspire and you didn't
possess.
>
>> people offer drugs all the time for all kinds of reasons.
>
> And you're a clueless nitwit if you think your acceptance of
> those drugs wouldn't constitute a crime, State and/or Federal.
It would constitute a state crime. But not neccesarily a federal one if you
never purchased. And not a felony.
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