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So, what constitutes intent?

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CarlaJane

Guest
What is the name of your state? kansas. please refer to my previous post regarding this issue including the details in this statute and a link to definitions for it that was posted.

please show me on the statute where it states who decides intent, the Police???? what constitutes intent? possession of one item on the list, two items on the list or 10 of one item on the list?????? could this be a violation of the 14th amendment due process?

Now if the retail store allowed me to buy the allergy pills and didn't limit the number of boxes that could be purchased at one time, and then security for the store notified police that I was in possession of an illegal amount of ephedrine. By notifying the police are they then violating (b) in this statute by selling it to someone they felt had intent? sounds to me like the store should have been charged with a felony, like i was. could this be another amendment violation? this may even be argued as entrapment, among other things!
 


Son of Slam

Senior Member
CarlaJane said:
What is the name of your state? kansas. please refer to my previous post regarding this issue including the details in this statute and a link to definitions for it that was posted.

please show me on the statute where it states who decides intent, the Police???? what constitutes intent? possession of one item on the list, two items on the list or 10 of one item on the list?????? could this be a violation of the 14th amendment due process?

Now if the retail store allowed me to buy the allergy pills and didn't limit the number of boxes that could be purchased at one time, and then security for the store notified police that I was in possession of an illegal amount of ephedrine. By notifying the police are they then violating (b) in this statute by selling it to someone they felt had intent? sounds to me like the store should have been charged with a felony, like i was. could this be another amendment violation? this may even be argued as entrapment, among other things!

It sounds to me more like it may be a plot to catch felony drug manufactures. Had they refused to sell you enough for your project you simply would have bought more elsewhere, but now you are going to the big house instead. Under any of your bull**** ideas MY rights would be violated by idiots like you.
 
C

cjabg

Guest
THat single over the counter drug by itself is a long way from being proven as a precurser. If there is no other evidence, then the state has to meets the burdon of proving without a doubt that there was "intent" to manufacture 'something'. A states DA does not want to and more than likely will not spend the time on you, when there are actually violent criminals who need to be prosecuted.
 

Son of Slam

Senior Member
cjabg said:
THat single over the counter drug by itself is a long way from being proven as a precurser.
You forgot to read OPs other post;

CarlaJane said, "I promise you I am telling you the real story. the one thing I did fail to say was that I had went to another store after I left the store because I forgot to get a bottle of gas treatment for my car. i had just got my car out of the shop that day and was told to put some gas treatment in the tank. I had and have a reciept from the mechanic to support this. i really am honestly telling you the truth when i tell you that i had not heard and didn't know that these two ingredents (along with 18-19 other household products) are used in making meth"
 
H

hexeliebe

Guest
please show me on the statute where it states who decides intent, the Police????
no, not the police, the law.

Kansas provides that criminal intent may be established by proof that the conduct of the accused person was intentional or reckless.

Proof of intentional conduct is required to establish criminal intent, unless the statute defining the crime expressly provides that the prohibited act is criminal if done in a reckless manner

The Kansas statute is based on 21USC which makes it unlawful for any person to possess any equipment, material, chemical or product to be used in the manufacture of methamphetamine.
The penalty for a 1st offense is up to 10 years imprisonment and/or $250,000 fine. For a second offense or after a conviction for any state or federal drug law it's 20 years/$500,000
 

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