"_ Prof. Jonez _" wrote in
news:6525kmF2dct3gU1@mid.individual.net:
> Deadrat wrote:
>> "_ Prof. Jonez _" wrote in
>> news:65070vF2cubb5U1@mid.individual.net:
>>
>>> Deadrat wrote:
>>>> "_ Prof. Jonez _" wrote in
>>
>>
>>> Right after you cite the statute the discretely criminalizes being
>>> a "distributor" and not "distribution" or the conspiracy/enterprise
>>> of that distribution.
>>
>> Oh, what the hell. You made me look. Happy now?
>>
>> 21USC841A.(a)
>>
>> Except as authorized by this subchapter, it shall be unlawful for any
>> person knowingly or intentionally-
>> (1) to manufacture, distribute, or dispense, or possess with intent
>> to manufacture, distribute, or dispense, a controlled substance; ....
>>
>>
>> Note the big three: manufacture, distribute, or dispense. And the
>> criminal act is placed on "any person" doing this. That is the
>> manufacturer, distributor, or dispenser.
>
> And the Criminal Conspiracy codes or statutes would also
> criminalize "any person" who knowingly agrees with said
> manufacturer, distrubutor or dispensor in furtherance of
> the commission of said crime(s).
Of course. But the crime in question would have to be to distribute to
another party. Not what the buyer for personal use does.
> A criminal distributee is an integral part of the chain of criminal
> distrubution for
> a criminal distributor. Ipso Facto, Ratzo.
And there's no reason that I can see that the statute couldn't have been
written just that way, to make drug possession part of the illegal act of
participating in a drug "network." But that's not how it's written,
simple possession and distribution are criminalized separately. |