Posted on 07/08/2017 12:51:11 PM PDT by Twotone
Sam Girod was sentenced to six years in federal prison for making herbal salve without the kings permission, plus $1300 in what are essentially court costs, plus over $14,000 in restitution to his victims. He will also have three years of supervised release, is barred from owning firearms, and is barred from making any product regulated by the FDA. Sam will not be forced to undergo court ordered drug testing.
After a few brief opening remarks, Judge Danny Reeves described the sentencing procedure. Its not a simple nor straight forward procedure. It seemed deliberately complicated, which in the federal government domain can also be interpreted as providing places to hide abuse of power while maintaining the illusion of following procedures.
Judges have enormous latitude in sentencing. The sentencing guidelines include a convoluted calculation. The various counts are grouped by class. Sam apparently had five classes. For each class, points are totaled. Ive seen people play Dungeons & Dragons and the point system is similar.
(Excerpt) Read more at redoubtnews.com ...
You have to be very careful about what you claim your product does especially if it falls under "medical".
If I sell you my yogurt and say that it will heal your IBS then I have made a medical claim and could end up in jail.
If I sell you my yogurt and say it may help with the symptoms of IBS then I have NOT made a medical claim and I am in the clear.
Morally I doubt the guy was selling snake oil but the law does not make distinctions when it come to claims like that. Blame TR and the Pure Food and Drug Act.
“What are you in for?”
“Torture, rape and murder. You? What are you in for?”
“Salve. I made herbal salve.”
Thanks for reply Karl Spooner.
Im not questioning the quality of Mr. Girods products. Im questioning if Mr. Girod possibly sold his products in another state. Doing so would allow the feds to get their foot in the door with respect to his business under the Commerce Clause (1.8.3) imo.
But if Mr. Girod didnt sell his products in another state, then other then the tortured interpretation of the Commerce Clause by FDRs state sovereignty-ignoring activist justices imo, I dont see where the feds have the constitutional authority to police his business.
I view it as a close comparison to aspirin where everyone knew it worked, but it took them over 100 years to figure out why it worked. Also, aspirin is not a true herbal, it is synthesized compound found in willow bark.
"1994, legislation was passed prohibiting the FDA from overseeing the manufacturing, marketing, and distribution of herbal supplements. Alternative medications, once essentially banned by this agency, are now widely available as supplements and as such are largely unregulated."
http://jamanetwork.com/journals/jamadermatology/fullarticle/479092
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