Marijuana Stamps & Their "Use's"...

Now, most people believe, Marijuana is illegal but, its a little strange that, they would tax it! Funny? Well, check each state (state statues NOT federal law) and you'll find, that even if it was criminalize, the stamps show it is a COMMERICALIZED TRANSACTION and it it weren't, then, they wouldn't tax it...

Would they? Well, lets take a look at the Marijuana Tax Act of 1937..

http://en.wikipedia.org/wiki/Marihuana_Tax_Act_of_1937

This is a federal MANDATE not, a state manifesto. So, the states decided, they wanted to 'raise revenue'. Let's take a look at the states in which, still provide (at this time) stamps and their statues, for raising revenue...



Alabama

Statue: §40-17A

Tax Rate: $3.50/gram if owner possesses 42.5 grams or more

Penalized for Nonpayment: (Civil & Criminal)  200% of Tax Class C Felony

Additional Info: Tax withstood constitutional challenge in 1991 on the grounds of self-incrimination in Briney v. State Department of Revenue, 594 So. 2d 120.

Tax withstood constitutional challenge in 1994 on the grounds of double jeopardy in Milner v. State, 658 So. 2d 500.

Connecticut

Statue: § 12-651

$3.50/gram if owner possesses 42.5 grams or more

Penalized for Nonpayment: (Civil & Criminal) 

200% of tax and up to $10k or 6 yrs prison or both


No Image (Georgia)


Statue: §48-15
Tax Rate: $3.50/gram
Penalized For Nonpayment (Civil & Criminal): Misdemeanor




Idaho



Statue: §63-4203


Tax Rate: $3.50/gram or $775/planet
Penalized (Criminal & Civil) 200% of tax and punishment for tax evasion to the same extent as poss of marijuana.

Additional Info:


Tax found to violate protection against self-incrimination in State of Idaho v. Smith, 120 Idaho 77. Purchase of stamp must now remain confidential.

No Image (Indiana)

Statue: § 6-7-3-8

Tax Rate: $3.50/gram

Penalized (Civil & Criminal) 200% of Tax

Additional Info: Tax found to violate double jeopardy protections in Fassinger v. State, 656 N.E.2d 1163. As a result, tax stamp violations must be processed separately from criminal proceedings.

The lack of due process and the Department of Revenue’s levying of the tax for constructive possession alone were challenged unsuccessfully in Hurst v. Department of Revenue, 720 N.E.2d 370 (Ind. Tax. 1999) and Hall v. Department of Revenue, 720 N.E.2d 1287 (Ind. Tax 1999).

For more information, call the Department of Revenue’s Criminal Investigations Division at (317)232-3360

Iowa

Statue: §435B

Tax Rate: $3.50/gram if owner possesses 42.5 grams or more $750/plant

Penalized: (Criminal & Civil) 200% of Tax and interest and Class D Felony

Kansas

Statue: K.S.A. 79-5201

Tax Rate: $3.50/gram if owner possesses 28 grams or more $.40/g wet plant $.90/g dry plant

Penalized: (Criminal & Civil): 100% and interest

Additional Info: Withstood constitutional challenge on the grounds of double jeopardy in Kansas v. Gulledge, 257 Kan. 915

For detailed information about the tax, visit:http://www.ksrevenue.org/faqs-abcdrugtax.htm

Kentucky

Statue:  §138.872

Tax Rate: $3.50/gram if owner possesses 42.5 grams or more $1000/plant if owner possesses 5 plants or more

Penalized (Criminal & Civil): 200% of tax and interest and Class C Felony


Additional Info: 

Withstood constitutional challenge on the grounds of double jeopardy in Kentucky v. Bird, 979 SW 2d 515 Louisiana Statue(s): §47:2601-47:2610 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more Penalized (Criminal & Civil): 200% of tax and up to $10k or 5 years prison or both  Massachusetts Statue: Ch. 64K, §4 Tax Rate: $3.50/gram if owner possesses 40 grams or more Penalized (Criminal & Civil): $200 of tax and and up to $10k or 5 years prison or both Additional Info: Found unconstitutional as double jeopardy in Commissioner of Revenue v. Robert Mullings, 428 Mass. 406; later amended to comply. Minnesota Statue: Stat. 297D Tax Rate: $3.50/gram Penalized (Criminal & Civil) 200% of tax and $14k or 7 year's prison or both Additional Info: Withstood a constitutional attack on the grounds of self-incrimination in Sisson v. Triplett, 428 NW 2d 565. Nebraska  Statue: §77-4301 Tax Rate: $100/ounce if owner possesses 6 ounces or more Penalized (Criminal & Civil): 200% of tax and Class IV felony Additional Info:  Withstood constitutional attack on the grounds of self-incrimination inState v. Garza, 242 Neb. 573. Withstood constitutional attack on the grounds of double jeopardy in State v. Detweiler, 249 Neb. 485. Nevada Statue: §372A.070 Tax Rate: $100/g and $250 annual registration fee Penalized (Criminal & Civil): 200% of tax Additional Info: Found unconstitutional as double jeopardy in Desimone v. Nevada, 966 P.2d 405; later amended to comply. North Caroline Statue[s]: §105-113.107 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more $.40/gram stems Penalized (Criminal & Civil): 140% of tax and interest Additional Info: Found unconstitutional as double jeopardy in Lynn v. West, 134 F.3d 582; later amended.  For more information, visit:http://www.dor.state.nc.us/taxes/usub/substance.html Oklahoma                                                  Statue: §450 Tax Rate: $3.50/gram Civil: 200% of tax No Image (Rhode Island) Statue: §44-49 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more Penalized (Criminal & Civil): 200% of tax and up to $10k or 5 years prison or both South Carolina  Statue[s]: §12-21-5020 Tax Rate: $3.50/gram if owner possesses 42.5 years prison or both Penalized (Criminal & Civil): 200% of tax and up to $10k or 5 years prison or both Additional Info: Withstood constitutional attack on the grounds of double jeopardy inMcMullin v. South Carolina Dept. of Revenue, 321 SC 475. Tennessee Statue: §67-4 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more $.40/gram stems Civil: 200% of tax and interest Additional Info: Circa September 7, 2007, Tennessee’s tax stamp has been declaredunconstitutional by the appellate courts, pending appeal to the state Supreme Court. No Image (Texas) Tax Code Ch. 159 Tax Rate: $3.50/gram if owner possesses 4 ounces or more Penalized (Criminal & Civil): 200% of tax and 3rd Degree Felony Additional Info: For more information, visit:http://www.window.state.tx.us/taxinfo/contr_sub/index.html Utah Statue[s]: §59-19-103 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more Penalized (Criminal & Civil): 200% of tax and 3rd Degree Felony Additional Info: Withstood constitutional attack on the grounds of self-incrimination inState v. Davis, 787 P.2d 517 Found unconstitutional as a violation of double jeopardy in Brunner v. Collection Division of Utah State Tax Commission, 945 P.2d 687; later amended. Well, look at what we have.. Legal or illusion of law's APPLIED by profiter's of this system?? If you have any question, email or text me if, you like.... The Man- Politics & MoneY 312-521-0462 markgilmore0@gmail.com

Appropriations/Expenditure & How To Control Their (Government) Spending..

If you get a phone call from a debt collection's, a lawyer, told by a judge (via a judgement), or anyone of so-called 'authority', ask them one simple question, "is what your asking me for payable or is a extensive line of liability under a appropriation or expenditure, under or by law? If so or if not, can I see the ledger on all deposits, by your office, by your office, by this court [however your negotiating with] under federal law Fair Debt Collections Act [e.g. FDCA]where is, I, the-so-call-debtor/creditor has the LEGAL RIGHT to said letter's, negotiable instruments, warrants, payments and lawful orders, issued under the same [FDCA].... "

That question is the MOST DAMAGING REQUEST that, even JFK 'admitted' no expenditure is questioned, no rumor printed, no secret reveled...

Let's take a look at how they are defined:

http://en.wikipedia.org/wiki/Expenditure

http://en.wikipedia.org/wiki/Appropriation_(law)

Now, the 'question[s]' is based on if, the government made the law (your beinging accused of, beinging told you have to pay under, or if the law, is payable to you or payable to the supposed creditor) to 'credit' the party (in a court case) or allow's any state, agency, supposed to creditor ect to be given as payment in which law appropriated amount (i.e. the FDCA is sent in a letter to you to 'recover a debt' but, IS FDCA PAYABLE to the agency attempting to collect ON IT?)... 

Now, you can use the appropriation question under some other circumstance's... Say, the judge say's, "if your questioning the budgeting of the law, this law make's you liable, as the claim is made AGAINST YOU..." Whats your next question?

What appropriation code is the court using in order for me to pay the invoice payable to the so-called plaintiff? Here's an example: http://www.apps.ioc.state.il.us/ioc-pdf/C-13.pdf and another invoice, I found: http://sam.dgs.ca.gov/TOC/8400/8422.7.htm

Is the comptroller (of your state) the depositing officer of this court, agency, company, ect in which the law [law their using] is instructed, to make a warrant, contract payment, or obligation[s] payable or charged against a appropriation invoice number if, one can be provided?

Can the comptroller, verify as to the account you've made payable to your agency, person, or charged by the court, on request under a FOIA or by expert testimony? http://www.wh1.ioc.state.il.us/QuickTake/Cash-Balance.cfm

Is my account, indebted to me, on the comptroller's payroll, warrant issued to RESOLVE this issue, employed me by the state or this agency called the district court of [the court your in] in which, i'm beinging asked by this court, to pledge said securties or USD "resevered currency", issued by a local federal reserve bank ( http://financial-dictionary.thefreedictionary.com/USD )...

Alot of interest reading, my friend's! Enjoy...

The Man- Politics & MoneY

312-521-0462

markgilmore0@gmail.com

How To "Plead" In Court...

First, when you GIVE a judge or a lawyer their Miranda Rights, if refute or state (on the record) that, his or her Miranda Rights are not in question, then, you have that person in your hand! How you ask? 

Well, state on in court when asked to "plead" and say, "I plead not guilty without recourse with prejudice..." Look  here: http://www.answers.com/topic/without-recourse-1 and here: http://en.wikipedia.org/wiki/Prejudice ... What you've done is placed liablity on the judge and the lawyer trying to convict you.. Again, you say, how? 

Simply put: Law's are passed under "bills".. Bill's are payable to the people. The people pay the debt's.. Full circle..

Now, sense their's no liability for without recourse to be used, what if in fact, the judge and lawyer's go paid if you WERE liable? Look at the invoice, below..

State of Illinois Voucher

The language is OBVIOUS when read, properly: http://law.justia.com/codes/illinois/2005/chapter7/539.html ... "...Sec. 1. This Act applies to any State official or agency authorized to provide for payment from State funds, by virtue of any appropriation of the General Assembly..." and "... For the purposes of this Act, "appropriate State official or agency" is defined as the Director or Chief Executive or his designee of that State agency or department or facility of such agency or department..." even the freaking appeal's "jump rope" with the state want's a piece of the pie to appeal a case, "....Sec. 3‑1. The Illinois Court of Claims shall, in its investigation of payments due claimants, provide for interest penalties as prescribed in this Act..."

Now, sense what KNOW what state "agency's" beinging discussed (state court, county courts, munincpals and even the federal courts!!) talking about, here is the MAIN PROBLEM: http://www.wh1.ioc.state.il.us/FUN4/index.cfm , The State's Comptroller....

Now, here is where it states that, a "warrant is a state check": http://www.ioc.state.il.us/office/Finance101.cfm I wrote that, some time ago in my blog (a few day's ago)... 

So, how does all this go together? I'll tell in short term's: The judge see's you, ask's you (offer's you) "what do you plead?" Once, you said, "not guilty" your presumed BY LAW, to be guilty so, he happily sign's a warrant for a FUTURE DATE (i.e. a pay check to himself, the attorney, and even, YOUR ATTORNEY!) to heard in his court... The judge, send's in a invoice for a undetermined amount and the "warrant" as passed off as a check with YOUR name on it (again, isn't the bill pass by the state, payable to the people on when a warrant is issued in YOUR NAME?) as "payee" and the state as "collections agent" (this goes for tax lien's, state loan's, state employee's, state debt's, and any state contract to any vendor doing business for or with the state).... 

The ONLY thing you did was "offer" your name with a "not guilty agreement" attached to it.... Something else, isn't it? If you still doing get it, look at a townhouse transcript. When they "open" everyone say's their name (does the judge, some time's, ask, "are you so-and-so for the record?")... The public has to know HOW is talking for them and HOW will be taxed, offered a redeem, or given chance to be heard in front of city, county, or municipality that, is holding the meeting... 

So, when you make a "statement" its like a bank statement: They (agents) literally, place your name on a warrant and proceed as if, you WANTED to be liable!!

The Man- Politics & MoneY

312-521-0462

markgilmore0@gmail.com

Daley And Other's Oath's Of Office's..

Daley Oath

These are the 'instruments' I used FOR people how wanted their payment for city trash pick up to be REDUCED, for becoming exempt from paying city and property tax's if, the city see's a 'profit', forced to have the city and treasure payout some $83k (thousand) for 'accidental' true removement in 'proud' neighborhood!

I hope people understand that, if a AGENT (state, city, munipal, federal or whatever) "signs up" as a so-called contitutional government "worker", well, these should be EXAMPLES of what they stated they ARE and what they WILL do for you and I!

Even, gotten 'political prisoners' out of the system!

The Man- Politics & MoneY

312-521-0462

markgilmore0@gmail.com

To Win In The Law, WITHOUT The Law, Is The Question....?

Well, i've used the law's in many way's like, paying bill's, off setting alleged debt, and creating credit for administering the balancing court case's.. But, their is something about an offer (like, court documents or a court appearance) from a business like the courts that, most people DO NOT ASK the courts, to begin with: Am I mandated by law (NOT the constitution) to be in court???

That question was came with a smile and a "no".. I about-faced 6 judges during my studies and most importantly, when I was helping people out (ALOT of pro-bono) in regards to jail, debt ration's, and keeping the state out of people's pocket's..

I figure, I can't get any work doing these process's so, why not SHARE them... Mandating to go to court is like, the constitution, telling you, you can only have sex with your wife 2 time's a week.. Silly but, the truth is, the law doesn't say that, either! So, the next time you end up in front of a judge, ask him if, its "mandated" for you to come and the next thing that, should come out of your mouth (AFTER he state's 'no') you say, "for and on the record, thank you, your honor. sense i do not have to COMPLY with this court and their is no order, signed by you to mandate my appearance, you have the right to REMAIN silent.. for and on the record, anything you have said AND agreed to, can and WILL be used against you in A court of law..... for and on the record, your miranda right's, have been expressed and GIVEN, in which the same, has been posted, on and for the record as well, as offered to you if, you retain a lawyer or are advices, by proper adviser, at law......"

When that is done, you about-face and walk out of the court.... You'll go to the clerk's desk the next day and ask for transcripts (if, a court reporter was present/you'll REALLY need one of those!!), you'll have that recording/transcript certified by the clerk, seal it in a certified return green mailing slip and registered mail if, you like (for verification purpose's) then, send it off to the judge, lawyer, and a copy to the DA's office, the AG (Attorney General) and your governor (the one, how didn't pass any mandates to go to court/he'll become an expert witness if, the judge 'proceed's with the case)...

If he does proceed, he's looking at perjury charges, practicing law from the bench, obstruction of justice for proceeding WITHOUT giving proper notice to the public, tamper with evidence, unlawful procedure WITHOUT jurisdiction... 

We also have the civil side... The AG might want to hit the judge with admission to proceed without proper venue, tenure of 20 day 'stay' on restricted pay for up to 10 days (if, its a district judge), violation of miranda given rights, sued for obstruction of justice, furlough state pay for no more then 30 day's (if, its a senior judge), resignation of a office, resigning, no-contest and given a leave of up to 90 day's, and a HOST of other 'possibly' venture's in which the evidence YOU, have 'produced', can cause unrepeatable harm, to a man on a thrown...

The Man- Politics & MoneY

312-521-0462

markgilmore0@gmail.com

Driving & Jurisdiction (Fun Legal Stuff!!)

Me and my friend have been "using" a method to drive WITH a licence but, in effect, use jurisdiction for our "short comings" (e.g. not going by the rules, unchecked behavior and a host of other things like, parking in handicap spots, ect).. 

This is done very easily: We get driver's licence from a state we DO NOT reside in, plates, and state flags (from that state) and drive home.. 

Say, I get stopped the first thing out of mouth is, "sorry officer.. is their a problem?" Then, the question's but, I stick to ONE SCRIPTED: Am I under arrest?  Do you have jurisdiction? And I am i'm compliance with state of ohio (where I get the licence, from) and its code's and law's.... Most cop's get irrated and throw me in jail...

In front of the judge, its time for 'light hearted entertainment'... The first thing I ask the assistant DA is, "where is my driver's licence issued from?" They (foolishly) answer, "from ohio". I ask, "is it apart of the record?" and he replies, "of course!" Thats the best of it out because, he RIPPED the jurisdiction RIGHT OUT OF HIS OWN MOUTH!

How did he do that? Easily.. He ADMITTED (on the record) that, my licence was not issued within the state of illinois (where, I locally drive around at) and the state of ohio, is what the record, REFLECTS..

After questioning by the judge, I proceed to make him or her REPEAT what I asked.... And of course, the same answer's... I've beaten the court on OVER 17 case's from driving in the wrong lane (not honoring such silliness but, I wanted to be pulled over!!), parking in a handicap space, and a host of other things I can not to remember... The best part of the 'proceedings' is when I ask the assistant DA what flag was flying (on my car), when I was stopped? That commonly, buries him and the judge does what a smart judge SHOULD DO: Dismiss With Prejudice...

With Prejudice mean's, I can park in a handicap space and not get charged for it, again (i'm not a thief, just had something to 'prove')..... Jurisdiction is ALL ABOUT how has the 'proper claim' and I used another state's jurisdiction to confused, irritated and upset some 23 assistant DA attorney's (in all) for a period of 4 and a half, year's.... 

Hope, some can use this information while, other's, get a better understand of the system'[s], you serve!!

The Man- Politics & MoneY

312-521-0462

markgilmore0@gmail.com

Parental Rights: Privilege's V. Rights...

Parental rights is alot like have a contract to 'properly care' for a child without, government oversigth.. This is, in part, the BC (Birth Certificate) to start off that process.. It's break's down into 2 area's, parental rights (e.g. a reservation, of rights that can not be taken away without consent: http://en.wikipedia.org/wiki/Consent ) and parental privileges (e.g. which is the same but, you only have 'legal custody' of the child and is not, the consenting authority of said, transaction but testimony at a modest point in the business of district and federal court, system's)...

Parental privileges can be "challenged" by anyone with parental rights as long as the supposed 'evidence' show's the rights of the child, is beinging used in a manner, not suitable, for children...

The question you have to ask yourself is, "when do I have, parental rights and when am I regarded, as to only have privileges, to see or have custody, of the child?"

The question is easy: However signed the BC, is the original claimit.. If I claimed certain exemptions on my tax return with my son, as a write off on many associated surpluses goods and services and receipt's, HOW has made the first claim? And if I did, can my ex wife or girlfriend (how, mother the child out of web-lock) get the exemptions as her tax return, as well? First, I made the first claim and second, no, she would not be able to unless, we were married and did a joint-return which, would in fact, amended the original that, my tax return was done under ( http://taxes.about.com/od/filingstatus/qt/marriedjointly.htm )...

The problem between the "line" of your rights to a child and the state is that, you have no party to act FOR YOU if, you were say, to get locked up or your grandchild, decided, she wanted to live on her own so, she call's the cops and the process of the state in your life, begin's... 

If you have a child, want your child back, or want to make a third-party claim on custody "holders" of your child then, you need to do a few things BEFORE you get started on your research..

First, are you the original claimit (signer) of the BC? If so, you need to make a "claim" on that security.. The reason for this is to be the acting trustee ( http://en.wikipedia.org/wiki/Trustee ) because, thats what the courts do, when they "step in" to your personal life... The BC is a contract between you and the state (county) but, doesn't mean, you can't make a third-party claim to become the "legal guardian".. Which mean's, if a daughter and a mother opened a "trust"', placed the BC as a obligation to both the daughter and mother in pursuant to THEIR agreement and to it to court to get it "judged" in the wish's of the daughter's "estate", the mother can claim custody as child's care-giver and in many case's, can add as many as 10 people to that list to GUARANTEE the baby or child, "stays in the family!"

The state (any state) the city, state, or federal government WILL NOT interfere in "private contracting" as long as no party has broken the law.

Parental privileges, is what most people that, have "custody", have (just like a prison: the state doesn't "own them" they simply, ACT as custodian's of the PUBLIC TRUST in with the people of THAT STATE, deposits monies and taxable accountability to the state and county which, in turn, take's care of, each member/BC trustee, in lien of a sentence in which time, the mother/womb allow's him out of her tomb!).. Privilages is simple a temporarily "hold in lien" of the contract between the state or county (which either one, hear's custody, case's).. The "lien" i'm referring to is to the trustee of the public trust ( http://en.wikipedia.org/wiki/Security_interest )... A security interest is to show the first claimit is the secured PARTY and will be heard, before any court with or without cause.. 

So, the priority of the county, city or state to place a claim on a trust in lien is to make a statement that, a ".. value person, is to be secured at this location via the warrant, in which time permits the place or location, should be secure and the asset, to be seen before this court within and no longer then, 10 day's..." If you've read what a warrant is, in my blog then, you know WHY, city, county, or state judges send them out for dead-beat-dad's, in the first place!

Now, for a secured interest (such, as child) it should understood that, you should handle it with general provision and SHOULD NOT be taken, into account, the emotional strain that, some time's blind's us from beinging 'reasonable. 

Also, their is a way to use 'collateral on BC' as a secured interest and could keep the state CLEAN out of your pocket... If like, bonding an inmate out but, the state has parental guidance if, the parents, do not. Look here: http://en.wikipedia.org/wiki/Liability_insurance and you'll see that, if your at "risk" of having your child taken away, this is a perfect "tool" to keep the state off of you... The bond should be made AGAINST the city, county, or state in which will send in parental right "groups" how will try and ask the state for 'custody' of the child... If you've read about getting the oaths and bonds of clerks, judges and lawyer's this is the BEST WAY to bang'em in the sh*tter hole without having to fist-fight them in court, as well.

The Man- Politics & MoneY

312-521-0462

markgilmore0@gmail.com