Nov 092014
 November 9, 2014

Gavel marijuana miami prosecutorThe case of Bounlith “Bong” Bouasykeo is not really that unusual from a marijuana selling and arrest standpoint. Mr. Bouasykeo was arrested, and pled guilty, for his role in a marijuana dealing enterprise that involved 36 pounds. That’s not uncommon, as that happens in Oregon and other states fairly frequently. But what makes Mr. Bouasykeo’s case different is that when Mr. Bouasykeo flew from Texas to Oregon this week to be sentenced, the federal judge overseeing the case decided to delay sentencing to try to wrap his head around how Oregon’s approval of marijuana legalization earlier in the week affects the sentencing.

Usually prosecutors and judges, especially federally, like to get their licks in before the new law takes effect. That’s certainly what United States attorney Amanda Marshall wanted to do when she offered up quotes to the Oregonian stating that she will proceed with business as usual, despite the clear message from Oregon voters that they think prohibition enforcement is a failure. U.S. District Judge Michael W. Mosman was as suprised as anyone to read Ms. Marshall’s quotes. Per Oregon Live:

Mosman told the court that he read a story in The Oregonian in which U.S. Attorney Amanda Marshall said Tuesday’s passage of Measure 91, which legalized recreational use of marijuana, won’t change how her office views the drug.

Marshall noted in the interview that she was particularly concerned about how Oregon will keep marijuana from leaking to the black market, a problem confronted by Colorado officials since pot was legalized in 2012.

“I’m unsurprised by Ms. Marshall’s opinion,” Mosman said.

Mr. Mosman delayed sentencing in the trial until Dec. 11 at 11:30 a.m.. While I’m hopeful that the case will be dismissed, I’d imagine that there will still ultimately be a sentence handed down, but a lower sentence than the Petitioner would have originally received prior to marijuana legalization being approved on Election Day.

About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • ted mishler

    it sure helps with appetite
    popped corn, frosted flakes, 3 cheesed pizza with chopped green peppers, oh and mountain dew poured into a glass of iced cubes, seems alright:-)
    what i like most about cannabis is the ability to eat most foods with little apparent problems
    crohns otherwise has its way, and life just isnt as fun too without the awesome blossoms
    just can not can i possibly write
    any thing that would truly do it justice and the like

    • ted mishler

      meanwhile, they are about to land on comet 67p in two days
      will be interesting to see what they find
      some people on earth will be harvesting their nuggets of delight
      and hopefully, the people will grow weary and give up their cannabis fight
      in a few hours, i will be imbibing hopefully on a nugget of delight
      but first a job interview awaits
      so i had better shower and get ready to go, dont want to be late

      • ted mishler

        post interview, got to get ss card, and they urinalysis-ed me, so its up to them at this point
        if they do not want people to work to feed them selves just because they might toke a joint
        then i have to ride my bike back to colorado, whats the point lol
        no i will find something that is sure
        i guess i will try fast food, the food for the stomach will be the cure:-)
        meanwhile, may the good stoners have a great day, and others too,
        i have to drink this mountain dew
        then its off to get the ss card
        umm, maybe one more for the road, that wont be going to far
        i feel the mt dew brought the effect down, funny how mt dew or any food can take the effects of cannabis away, and replace the feeling with feelings of contentment, but sleepiness can happen on high cbd, hmm, well, better get my mood adjustment, cbd makes a change
        it does so at the cost of making me sleepy, but until i am employed, it will have to do until i can afford a higher varietied type of strain which always invokes happiness in my brain:-)

        • ted mishler

          :-|

          • Ted Mishler

            best not to interpret stuff literally
            to do so and to take words too seriously would seem to destroy everything and everybody, including ourselves

            http://www.youtube.com/watch?v=poCWRJTgMQU

            God, which is love, is in the book
            too many out there looking to ban his gift to us, and would see that we burn instead on crap that gives cannabis a bad name, the crooks
            perhaps the best churches in the world are in each and everyone of our hearts
            to believe in God that would do no harm
            to me is better than one that would burn people with adulterated weed, and kill for not being current members of their secret societies
            but that is the perfect world that surly must exist
            in each of our hearts if we looked and thought a minute
            without cannabis, life really does lack
            its like how seinfeld felt after flying first class
            and his cringing attitude at the thought of flying second
            may those who instigate our burn
            be like elaine in the second class coach
            would love to put these thoughts in a rhyme
            but no cannabis in my brain prevents that
            think about it, if the Bible had its way literly, we would have to kill people for the slightest offence
            really, their are errors in those books of wisdom
            God is in their too, but so is evil, i really think it has been rewritten just as they left out kaneh-bosm
            not all like the nifty cannabis blossom
            those folks i choose not to follow
            as their words of hate seem unloving, superficial, and hollow
            their are those in the clergy that are uplifting and a blessing to hear
            i’d much rather hear them, rather than hear about contraceptives and sex, which is something personal that is the parents responsibility to discuss
            not burden the public with that
            its like a talk show on tv that focuses on hate of two different people
            it does nothing good to uplift ones spirits, treating people like second classed sheeple

          • ted mishler

            heard today that the pope is planning to build showers and restrooms for the homeless at st petersburg in rome
            i think that is a good thing, but the pope doesn’t seem too allowing the cannabis community to hold there own job
            he prefers to keep our lives illegal, which i think is quite odd
            i dont think that is being to real
            to keep people from working, and giving them homeless bathrooms and showers, instead of working to have their own which would be the real deal

          • ted mishler

            http://www.cnn.com/2014/06/20/justice/pope-francis-legalized-drugs/

            and he i am sure is doing a great thing
            kinging people from having control of their own brains
            like graham hancock said paraphrasing

            if we are not sovereign over our own consciousness then we cannot in any meaningful sense believe we are truly free

            http://www.grahamhancock.com/features/the-war-on-onsciousness.php?p=4

        • Bongstar420

          Being an employee is not about the employee supporting themselves in society. It is about being what the employer wants. This will be the reality until performance is the only metric used to make the decisions.

          • ted mishler

            great point
            i plan on manufacturing a doodad, hopefully i can ebay it for a living, will see
            but i will need to be an employee to obtain funds to try to be my own employer, will see
            i could grow weed and sell it in denver
            but i’d have to get a house and convert it
            but hate to leave indiana, as loved ones are here
            hard to say goodbye to those you hold dear
            of course i could always come back and visit
            but then how could i prevent breakins and the like
            and really, how could i insist payment for it to customers that need
            if they had cancer and no money, how could i turn them down and feel good, do to my own greed?
            for that reason alone i could not open a cannabis shop
            i could sell it to the stores though, and in denver, there is no worries of a mean bad cop
            they seem really friendly there, and actually here too
            its the laws on the books here in indiana that are disgusting
            traitorous
            well, my last prospective employer insisted that i be discriminated upon
            and made me hike down my trousers, my urine they wanted to gaze on
            if their persnickety high treasonous traitorous noses turn me down
            i will have to try elsewhere, but first i am awaiting my social security card, then will see
            hopefully something works out, so that i can once again partake in the high turpined goodness that humans were made to see

        • ted mishler
  • Silverserpant

    To Pretty much every politician & Amanda Marshall: You were elected by the ppl to serve the ppl. But then you get into office and run your own agenda- which is the complete opposite of what the ppl want & need. Your own personal OPINIONS (because science has shown otherwise) shouldn’t define how you do your job. Legalizing isn’t the issue it’s the corrupt govt officials with personal agendas that are the issue. You will never save a child’s life because of your reefer madness brainwashed mind disagrees with SCIENTIFIC EVIDENCE. How long do you think ppl will take it up the rear, well at least our generation anyway? In my opinion….not much longer. So save your million$ for when your out of a job and on your asses. Good day.

    • Dev O

      Very well said!!!! You should seriously consider sending this same message directly to Amanda Marshall. I’m sure it won’t be hard to contact info for her…..

    • Bic

      Well said. Now apparently the new fight is getting these closed-minded overlords to RESPECT THE WILL OF THE PEOPLE and enforce the f-ing laws WE voted on the books. Their “opinions” on MJ have absolutely no bearing on the way they discharge their DUTIES as elected officials. They must now be the ones to DO AS THEY’RE TOLD and obey the laws whether they like them or not!

      • MiCreeNi QuashMah

        well remember when you vote

    • Bongstar420

      Like the person in question was not corrupt. How is tax evasion and black market sales not the definition of corrupt?

  • Leonard Hester

    Get it legal nation wide! Politicians who do not respect the will of the people should be removed from office!

  • Mi-Cree-Ni Quash-Mah

    been writing fro several now why not posted

  • Bongstar420

    If he moved anything across state lines, there will be no change.

    Otherwise, the guy is at least guilt of a class B felony under 91 not including the pervasive tax evasion he is likely also guilty of. He is properly screwed. The guy should have kept things small if he really believed in legalization.

    It looks like this guy properly deserves jail time, just like I properly deserved the felony I got 5 years ago when I knowingly ran afowl of the law.

    • channing webster

      The D.C. Judge is likely wanting to go below sentencing guidelines and is delaying sentencing to see what the US Attorney decides in terms of what MJ cases she’s going to bring. She could easily decide not to prosecute cases involving less than the statutory 5 year MM (200kg<). Therefore, this guy should receive the benefit of that as well is probably the judge's thinking.

      A 20kg pot case is small potatoes in federal court. The guidelines probably average about 12-18months. Federal courts tend to be clogged and a lot of judges think these kinds of cases are a waste of docket time. I wouldn't be surprised if the guy winds up with 3 years supervised release.

      BTW,, it seems strange that a pot smoker would take the position that a person deserves to go to prison for the sole offense of selling pot–no matter how much it is. Aren't you breaking the federal law just like him? If smoking pot is ok, than in a capitalist society, selling it is as well.

      • Bongstar420

        I have not sold anything over state lines ever. I forfeited much higher profits (I could have gotten myself into multiple “gang” networks which included things like airplanes and guns) to avoid that as a strategic concern for my future position in the legal markets I objectively knew as our future.

        People need to be patient and have foresight. Why couldn’t the guy hold production back to a barely taxable income till he could get a legitimate license in the future?

        You see, there are prohibitions I do believe in. I’d like to be ideologically consistent. Therefore, if something is illegal, it doesn’t matter what I think, you suffer the consequences because you are a responsible adult. Sure, people don’t deserve to be punished for drug use and commerce. It is the law however, and if they do not like it they need to do something to change it. Going to jail is part of the effort to change things. My felony is that of a martyr. So is this other grower I’m not fond of though he would weasel out of it if he thought he could. Change the law if you don’t like it. I’ve been pounding that issue for 15 years now.

    • ted mishler

      the laws on the books that were observed for your conviction
      are not laws the constitution says you are were deserving, and should have brought about your presecutorial eviction
      no one deserves the brutalities of war
      i can see though why your words look bitter and sore

      • Bongstar420

        The Federal Constitution does not protect me from state prohibitions which are legal. The last time I looked, I didn’t see anything in the Oregon Constitution that would delegitimize the Oregon Controlled Substances Act. My felony was legitimately imposed on me by the citizens/legislators of Oregon even if based on false information. They can move to expunge my record any time they please. I don’t care because I did in fact break the law at that time, and I refuse to run and hide from that.

        I did read the Federal Constitution, and the Federal Controlled Substances act is marginally legitimate since the court had to make a really subjective ruling on what constitutes “interstate commerce” to justify their interventions. Basically, I view the Controlled Substances Act as a back door way to create arbitrary supremacy of the federal government because they ruled that a single person consuming a single gram of cannabis alone “effects interstate commerce” and therefore is within their legitimate sphere of authority. In my world, you have to actually engage in an literal act of interstate commerce before it has anything to do with interstate commerce.

        What have you to say about politically active churches getting tax free status and the constitutionality of that? Its pervasive