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CLINTON — When Sally Harpold bought cold medicine for her family back in March, she never dreamed that four months later she would end up in handcuffs.
Now, Harpold is trying to clear her name of criminal charges, and she is speaking out in hopes that a law will change so others won’t endure the same embarrassment she still is facing.
“This is a very traumatic experience,” Harpold said.
Harpold is a grandmother of triplets who bought one box of Zyrtec-D cold medicine for her husband at a Rockville pharmacy. Less than seven days later, she bought a box of Mucinex-D cold medicine for her adult daughter at a Clinton pharmacy, thereby purchasing 3.6 grams total of pseudoephedrine in a week’s time.
Those two purchases put her in violation of Indiana law 35-48-4-14.7, which restricts the sale of ephedrine and pseudoephedrine, or PSE, products to no more than 3.0 grams within any seven-day period.
When the police came knocking at the door of Harpold’s Parke County residence on July 30, she was arrested on a Vermillion County warrant for a class-C misdemeanor, which carries a sentence of up to 60 days in jail and up to a $500 fine. But through a deferral program offered by Vermillion County Prosecutor Nina Alexander, the charge could be wiped from Harpold’s record by mid-September.
The People have the ultimate power.
They choose their representatives when they vote. However, the ultimate power and insurance they have against government run amok is their power in the jury. It is the jury who decides on whether there is “probable cause” to cause a person to answer to the court AFTER they have heard testimony given under “oath or affirmation”. Today’s system is so perverted that we actually allow ONE prosecutor to decide if, when, and what charges will be brought, if any! This is the first place the people have given away their power.
If a grand or petit jury decides charges should be brought against someone, it is they who get to decide to what extent after hearing an unbiased reason IN LAW for the proposed charges. This is the second place the citizen gives away his power.
If an accused is called to answer charges, the JURY alone not only decides upon guilt or innocense; THEY have the right to judge the law that the accused is alledged to have broken. That is where the term “jury nullification” comes from. A modern jury simply gives a verdict of “not guilty” which does NOTHING to challenge the law they are judging! Of course, they are not “nullifying” their verdict; the attempt is to nullify the law whether it is unconstitutional or improperly applied.
The potential jury member of today is UNLAWFULLY instructed by the judge that they are triers of the facts and nothing more. Any potential juror who did not assent to those instructions and who understood the ancient right of declaring a law unconstitutional would not be allowed to sit on a jury. A judge is NOTHING more than a referee and is there to be certain that the laws are applied, and in some cases, interpreted and used in that manner as he sees they were meant to be. HOWEVER, the jury is still the final judge— they can ignore a judge they feel he is wrong. This is the third and final chapter in the People’s forfeiture of their rights! They simply do not understand that the SCOTUS is not the final judge— THEY ARE!
The next time someone asks you about the three branches of government in the U. S. democratic Republic I hope you take the opportunity to enlighten them to their benefit and the benefit of every citizen. The three branches of government are the Executive (President/Courts) Legislative (House and Senate) and the Sovereigns (the citizens)! Don’t let anyone tell you otherwise! Merry Colin www.tenthamendmentcenter.com...
SCHEDULE Special Control Ephedrine is approved by the FDA as a drug for human consumption, but because it is a precursor for several scheduled drugs (methamphetamine & methcathinone), it is highly regulated. Possession of ephedrine is legal, but sales of large quantities are monitored and many states heavily regulate the forms and methods in which it is sold.
The FDA banned the sale of ephedrine in over-the-counter dietary supplements in early 2004. See FDA's February 2004 Announcement. Although the ban was temporarily in question when a federal judge ruled it invalid, the US Tenth Circuit Court of Appeals found in favor of the FDA;
as of August 2006, a ban is in place on the sale of any product containing ephedra-alkaloids and ephedrine that has not been specifically approved by the FDA. As of 2006, retailers in the United States are required to collect the signatures of every person purchasing pseudoephedrine-containing products in log books and view a photo ID for every purchase of any product for which the entire box contains more than 60mg of pseudoephedrine. The "Combat Methamphetamine Epidemic Act of 2005" provides for criminal penalties for non compliance and limits the maximum amount an individual can buy to 9 grams of pseudoephedrine per any 30 day period:
This makes it unlawful for any person to knowingly or intentionally purchase at retail more than 9 grams during a 30 day period (of which no more than 7.5 grams can be imported by private or commercial carrier or the Postal Service). -- CME 2005
Originally posted by jd140
The article said that the charge would most likely be wiped from her record by mid to late september. So unless this didn't happen then the story isn't really an issue.
They realized the misake and went about fixing it.