The Supremes confirm it! Fed law does not trump state law

San Diego County in the great state of California was sent packing today by the US Supreme Court. They have been trying for three years to overturn California's medical marijuana law, especially the part that says they have to issue patient ID cards. This fine bit of news was lifted off the NORML website. Paul Armentano does a better job of running down the goods on the ramifications of this decision.

"Let’s be blunt: San Diego and San Bernardino’s protracted lawsuits — lawsuits that arguably cost county taxpayers hundreds of thousands of dollars and jeopardized the health and safety of thousands (if not tens of thousands) of citizens — were never about resolving legal ambiguity."

This is the kind of push back we have to expect from the Prohibitionists. They won't go quietly into that good night. There are still a lot of people in positions of power who will do anything and everything to keep us from ending this travesty of justice. The tide is mostly in our favor right now, but it can turn in a bleeding heart beat. There are folks out there who wouldn't think twice about falsifying evidence or highlighting some innocuous bong hit by a suspected serial killer just to put the spectre of 'reefer madness' back on marijuana. It ain't over yet.

The ending of prohibition will have far reaching effects throughout the law enforcement community. Many cops will be relieved that they no longer have to be tied down to low-ball busts and paperwork. Others will be upset because prosecution of marijuana has been a financial boon to many law enforcement agencies through abatements and seizures of property and assets.

In addition to the law enforcement issues, states and counties will have to contend with hundred, if not thousands, of people applying for medical marijuana cards. In Oakland, there's an Oaksterdam University campus right next door to a Green Cross distributor and a medical clinic where ID cards and prescriptions can be obtained. Doesn't seem too hard to get a card.

This is why Prohibition must end. We will find ways of obtaining our weed, by hook or by crook. Why force millions of otherwise law abiding citizens to run afoul of the law just because they want to sit and relax with a pipe and a munchie?

The tide is turning so we have to be extra vigilant to keep the rhetoric on our side and counter every sound bite and bullshit Faux News report about marijuana's role in the downfall of America.

So Mote It Be,
David A.

21st Century Prohibition Pt. 6 - Legal Issues

The tide is turning. I’m skeptical but have to at least acknowledge that. I’ve been an advocate for the relaxation of anti-marijuana laws, if not the actual legalization for over 35 years. In that time, I’ve seen us come so close only to have the prize snatched from our grasp at the last instant by a shift in the winds of politics.

With the election of Barack Obama as the 44^th President of the Untied States, we can taste the change in the air. In just a hundred days, he’s been able to accomplish more than the previous resident of the People’ House over his two disastrous terms.

I’m afraid it’ll take more than few months of competence to overcome eight long-ass years of abject incompetence and criminal stupidity. Many of the cretins and bootlickers of the Bush Administration still remain entrenched in non-appointed positions of our government. They hold no loyalty to the current administration or the change that Obama represents. Their only cause, the only reason they remain in their positions is to monkey wrench the president.

In addition to these ‘sleeper cells’ of Bushites, there are those who still grip to the failed philosophy of Ronald Reagan. Many of these are Democrats and in positions of power over the legal climate of America. Senators like Ben Nelson of Nebraska and Evan Bayh of Indiana are just two of the many ‘conservadems’ that remain clueless on the needs and will of the American people.

Which brings us back to the issue at hand – the decriminalization and eventual legalization of marijuana. As close as we may think we are, pot is still illegal. At the federal level, cannabis is classified as a Schedule One illegal drug. The definition of Schedule One drugs as follows: (link)

• The drug or other substance has a high potential for abuse
• The drug or other substance has no currently accepted medical use in treatment in the United States.
• There is a lack of accepted safety for use of the drug or other substance under medical supervision."
• No prescriptions may be written for Schedule I substances, and such substances are subject to production quotas by the DEA.
• Under the DEA's interpretation of the CSA, a drug does not necessarily have to have the same abuse potential as heroin or cocaine to merit placement in Schedule I (in fact, cocaine is currently a Schedule II drug due to limited medical use):
• When it comes to a drug that is currently listed in schedule I, if it is undisputed that such drug has no currently accepted medical use in treatment in the United States and a lack of accepted safety for use under medical supervision, and it is further undisputed that the drug has at least some potential for abuse sufficient to warrant control under the CSA, the drug must remain in schedule I. In such circumstances, placement of the drug in schedules II through V would conflict with the CSA since such drug would not meet the criterion of "a currently accepted medical use in treatment in the United States." 21 USC 812(b).

There was a petition filed on July 10, 1995 by Jon Gettman to the DEA to initiate fact findings for proceedings to request the rescheduling of cannabis as a Schedule One drug. His efforts were futile. A link to the DEA’s letter to Mr. Gettman follows: (link)

As the full text of the letter explains, the DEA’s position is based on old and outdated science and prejudiced opinion, a legacy of eighty years of Harry Anslinger’s curse.

This is not the way our federal government should deal with the social and economic effects of illegal drugs. Barack Obama was elected to make change, not cement the status quo.

Cannabis, as previous entries of this series has shown, displays great promise in the treatment of many debilitating diseases and in the management of the pain and side effects of chemotherapy and AIDS treatments. This alone should be reason enough to reconsider cannabis as a Schedule One drug, but other criteria also fall away as more research is completed. The great disappointment is that research was begun and halted numerous times before, all in the name of keeping the public safe from the scourge of marijuana. Research scientists and doctors have wanted to begin full scale investigation into the possible benefits of cannabis and its derivatives but have been hamstrung by politicians who insist there is no benefit. I saw this resistance as prompted by pharmacological companies who see a simple plant that can be grown in the backyard as a direct threat to their obscene profit margins. If they can’t control it, it should remain out of the hands of the people.

However, in recent years, Big Pharma has been filing patent applications for just about any derivative and psychoactive property of cannabis. While stating their support for the continuation of marijuana prohibition, they seem to be hedging their bets by getting all the goods of cannabis under their corporate umbrellas. Like agri-giants like Monsanto, ConAgra, and ADM, they hope to own and control the entire genus of Cannabis Sativa. (Currently Big Agra owns many genomes of grain crops like wheat, corn and soybeans. If one were to grow any of them, they would be prosecuted for patent infringement – for growing a plant!)

What about you?

All this bullshit leaves you wondering about that bong you have stashed away under your couch. Are we gong to be able to spark up and fly right? Will we see the day when local smoke shops will be selling Purple Sticky Punch or Acapulco Gold? (Whoa…hold on there! Acapulco Gold is an owned trademark of the Tobacco Industry!) Seems Big Pharma’s not the only ones who are hedging their bets.

The possibility is out there, it always is. Eventually the sun always rises and the day begins anew. Marijuana prohibition will fall by the wayside and we will be able to enjoy a hookah by the beach with a cool beverage and the company of good friends.

Until that day, however, we have to be careful. With all this enlightenment and possibility comes complacency and carelessness. Marijuana is STILL illegal. Regardless of what we hope for and what we believe, the current laws prohibit the sale and possession of cannabis for ANY use. That said, we are a rebellious bunch, aren’t we?

So, what do you do if Johnny Law catches you imbibing a bit of Mother Nature’s great green gift? Here are some tips that you should follow when approached by any law enforcement officer. Above all, DO NOT RESIST! DO NOT LOSE CONTROL!

1.Beware of ‘casual conversation’! It’s a trick designed to get you to lower your guard and get you to reveal incriminating details. If an officer begins to speak about marijuana use, however casually, ask politely: “Am I free to go?” If yes, then calmly leave.

2. Don’t consent to a search! If the police ask to look in your bag, home, or car say: “I do not consent to a search.” If they ask you why, calmly and respectfully respond: “ I believe in my constitutional right to privacy and don’t consent to a search.”

3. Detention!: Answer no questions if detained. Politely state: “I choose to remain silent and would like to see a lawyer.”

4. Arrest!: Immediately tell police: “I choose to remain silent and would like to see a lawyer.”

5. NEVER – NEVER – NEVER physically resist the police! If they persist, calmly stand aside and repeat: “I choose to remain silent and would like to see a lawyer.” (these tips from the Cannabis Action Network)

These are common sense legal protections and should be followed without exception. Don’t make it hard on yourself. Johnny Law has a ton more experience in taking your hippie butt down than you do standing up to him. Also, don’t be a target! Here are some more tips from the Cannabis Action Network:

1. Travel safely. Never smoke and drive.
2. Be a good neighbor. Loud music and bad parking can lead Johnny Law to your front door.
3. Be discreet. Don’t spark your spleef in plain view.

Getting busted and what road to hell you’re going to go down differs from state to state. Some areas will just give you a citation and send you on your merry way. Other places will slap your hippie ass in irons and send you down the river to play patty cake with Bruno in Cellblock B. One of the most common results is that you’ll be charged with a ‘minor’ felony and spend a lot of your time and money in fines and some jail.

The worse part is the ‘felony’ part. Get busted for pot possession and you become a felon. You can’t vote; you can’t hold any government job or any job that works with the government. You cannot be bonded or licensed in many occupations. Your employment opportunities have withered to few and far between because you are required to disclose this to all potential employers. Keep it to yourself and you risk immediate dismissal and possible violation of the law. Some states allow for the cleansing of records as in recovery of voting rights and some licensing but the word ‘felon’ will still be permanently tattooed to your forehead.

If you get busted, seek immediate legal assistance. Don’t take anything for granted, follow every lead and take every opportunity to get help. DO NOT ADMIT TO ANY CRIME! Give your legal representative the tools he/she needs to provide you with the best legal defense. It doesn’t matter if Johnny Law caught you with nine joints hanging out of your gob blazing away; admit to nothing. SEE Legal Tip #3 above – REMAIN SILENT! Let your legal representative do the talking. Don’t let a slip of the lip hamstring your legal team and get you free room and board at the Graybar Hotel.

Sentences for first-time, non-violent offenders convicted of trafficking in Schedule I drugs can easily turn into de facto life sentences when multiple sales are prosecuted in one proceeding. Sentences for violent offenders are much higher.

If you choose to enjoy the herb, that’s cool. The times may be changing in your favor but until that point in time, be smart about it. Follow the tips above and take 30 minutes online to seek out the legal resources you have in your area that provide representation for marijuana possession. Check the local NORML chapter (give ‘em a hand, they are always seeking help and funds) or Legal Aid Society for advice on lawyers in your area that provide decent representation. Take down the info and keep it handy, you never know when you may find yourself in a unfortunate situation.

President Obama did cannabis activists a disservice at his online question and answer session on March 26^th, 2009. He took the easy road and laughed it off. The tally was 3.5 million votes cast and the no. 1 question was about marijuana prohibition. This is no laughing matter. He should rethink his answer and come back to the people with a logical and concise process for the reduction of penalties surrounding cannabis. Legalizing hemp and its processing should be one of the first things done along with releasing medical marijuana clinics from the clutches of the Inquisitors at the DEA. Perhaps with a new ‘Drug Czar’ in Gil Kerlikowski there may be changes coming.

Be an activist. Even if you don’t smoke the herb, help out those who need this gift to alleviate their pain. The rest of us may have to wait but we need to get Obama Administration to listen to the scientists and researchers. Marijuana prohibition affects us all. You may be totally against dirty damn hippies like me smoking a joint but when your dear Aunt May develops cancer and can’t keep any food down because of the chemo, you may sing a different tune. We can’t base our laws and restrictions on outdated prejudices, faulty science, and political expediency.

So Mote It Be,
David A.
(forgive the radical formatting. Blogger and Firefox seem to be having a tiff today. Wordpress is looking better and better every day)

21st Century Prohibition - Changing Tide?

I've been trying to get the next post in my series "21st Century Prohibition" done but this shit is changing daily. I've never seen it like this. It's like trying to change a diaper on a baby while its crawling around the room.

Now, I have no illusions as to the possibility of legalization of marijuana. I still believe that relief from Prohibition is still quite a ways away. I'm not even convinced that it will happen at all. Times change, the pendulum swings back and forth; we've been close before only to have our hopes dashed and the tide surround us. A friendly administration is great, but we need a lot to happen before the doors open on cannabis shops on Main Street.

But this article from NPR is hope wrapped in promise. All I can say is it's a great game to play but I'm waiting for real life.

"Imagine if you turned on the radio and heard this: "From NPR News in Washington, I'm Carl Kasell. After 70 years of prohibition, marijuana becomes legal today for personal consumption throughout the United States for persons 21 and older …"

The article goes on by interviewing certain people who have a vested interest in Marijuana Prohibition, pro and con. As I said, it's an interesting game but some of the assumptions reach a little far into fantasy to be a serious look ahead. As this segment about the Mexican drug cartels...

"With the spiraling drug mayhem in Mexico, some Latin American leaders looked at legalizing marijuana as a way to deny the murderous cartels a portion of their profits. When it was banned, marijuana was the greatest source of income for Mexican traffickers. Now that it's cultivated domestically and sold legally, surely that has crippled the cartels?

"These are crooks. You're not gonna take 'em out of the criminal activity business," says Robert Almonte, who worked narcotics for 25 years with the El Paso Police Department, just across the river from the ruthless Juarez Cartel. "Because drugs are legalized, they're not gonna say, 'Let's go back to school and get an honest job.' "

I don't think anyone is so naive to think that the cartels will just pack up and go fishing when prohibition is lifted. I would consider the cartels even more dangerous in a post-marijuana world than before because they will recoup their losses elsewhere. Cocaine, krank, heroin, and pharmaceuticals will take up the slack of the loss of revenue from pot. That shit is far more deadly and the profits more stark. If anything, the lives of the Mexican people will take a turn for the worse because more of them will be needed to process the drugs rather than merely growing them. That is, if the Mexican government stays as corrupt and toothless as it has been the last 50 years. Corruption is so embedded into the Mexican government, it might take a revolution to weed out the criminals. However, I'm sorry to say that revolutions south of our borders haven't a great track record of freeing the people. They mostly just change the sign over the door, nothing inside changes.

The New York Times has posted an article about "4/20" and the reemergence of the marijuana culture. They too speak of the changing attitudes about cannabis. Allen St. Pierre, one of the Pot Warriors at NORML, wrote a great article at NPR on the 17th. He makes a great point that I try to reiterate: Pot has its demons too.

"Cannabis is not harmless; no drug is, including aspirin. However, with no measured "lethal dose" and no fatalities on record, cannabis, as compared to alcohol, pharmacologically speaking, is a remarkably safe and nontoxic drug."

There are those who make the case that we don't need another vise, especially at this time of economic downturn and widespread pain and anxiety. Legalize pot and you'll have the whole country stoned. But people are people, we are who we are and if we spark a spliff for a bit of herbal peace then so be it. The thought that the whole country will turn to potheads over night reminds me of the fears that were made when they began to reconsider the first Prohibition.

Al Smith, the famously Catholic governor of New York in the early 1920's ran for president in 1928 as a 'wet' candidate. He favored the repeal of the 18th Amendment which outlawed the sale of alcohol. Herbert Hoover, the man many folks hold responsible for the Great Depression, was content to keep things the way they were. As the election grew closer, Smith, the Democratic candidate was gaining support in a large part through his opposition to prohibition. However, he was a Catholic so this was exploited by the Republican Hoover - go figure. Hoover won the election and prohibition lasted through his term and into the next. Even so, during the campaign, Hoover had to acknowledge the tide changing away from prohibition by promising to appoint a commission to study the its ramifications.

"There have been more sustained pressures to enforce this law than on the whole has been true of any other federal statute, although this pressure in the last four or five years has met with increasing resistance as the sentiment against prohibition has developed . . . . That a main source of difficulty is in the attitude of at least a very large number of respectable citizens in most of our large cities and in several states, is made more clear when the enforcement of the national prohibition act is compared with the enforcement of the laws as to narcotics. There is an enormous margin of profit in breaking the latter. The means of detecting transportation are more easily evaded than in the case of liquor. Yet there are no difficulties in the case of narcotics beyond those involved in the nature of the traffic because the laws against them are supported everywhere by a general and determined public sentiment (Sinclair, 1962: 367-368)."

(from "History of Alcohol Prohibition" by the National Commission on Marijuana and Drug Abuse)

Even though this made the case for repeal of the 18th Amendment, 10 of 11 commissioners still opposed it. It wasn't until Franklin D. Roosevelt, in his campaign for president in 1932 that repeal of this amendment was included in his platform. In short, although public sentiment was clearly in favor of repeal, the event itself took years to accomplish. People went out and partied, there was revelry all over, but the Depression was in full swing and people had other things to think about, like survival. Repealing the 18th Amendment didn't destroy America.

So, the likelihood of the end of marijuana prohibition is still far away. But we are still fighting the good fight. States are seriously considering changing laws for medical marijuana and the growing of hemp, each good steps toward legalization. In Colorado, a pro-marijuana ad was broadcast on TV


(the giggle at the end was edited out for broadcast, but it was a cute touch anyway.)

What are we looking at? This August in Seattle, Hempfest will be enjoy the fruits of a somewhat friendly administration and, perhaps, the greatest scrutiny of any past gatherings with regard to the new attitudes toward marijuana. Although the theme of this year's festivities will be on industrial hemp, the talk in the crowd will be centered on when the ball drops on legalization. I caution people against getting too optimistic. I hope to be in the midst of the fray during this whole affair, as well as at Hempfest. I also hope to reconnect with some of the Warriors I've mentioned in this series. I fell out of favor long ago and have been trying to re-establish my cred for awhile now. Voicing opinions is like speeding down a winding road - both require some steering. I forgot that.

Here's a few facts that I've stated but this video puts it out in a frame that I may not have made here. It's the MPP party at the Playboy Mansion last year. This year's party is in June.


Hmmm, my invitation must have got lost in the mail.

The tide is turning. The winds of change are blowing in our direction now but that may not be the case tomorrow. I've been on this roller coaster before. We need real change to happen, that means advocacy at the top and real legislation at the federal level. It can't be just an issue for old hippies and cancer patients. Mom and Pop America have to join the team. Real change takes bold steps by people who would normally not make them. In Congress, we can get one side of the aisle on our side but the other side is in no mood to cooperate. Republicans, true to form, will do everything in their power to scuttle this agenda. They have no soul and care nothing for those who would benefit from legalization.

The media is also not quite on our side. They deal in the sensational, not the informative. News outlets like Fox News and CNN will show every bad angle, every misstep made by the Warriors as we try to get our message out. They don't want the truth, they only want the shock. They want the car wreck, even if they have to grease the road to get it.

So this is up to us. All of us. Each person who feels that marijuana prohibition is wrong has to take a stand and do their part in bringing about its demise.

Note: OK, I did say that Legal Eagles was to be the next part. I'm getting there. This shit isn't as easy as I thought. Stay tuned!

So Mote It Be,
David A.

21st Century Prohibition pt4 - Main Street

This series on the 21st Century Prohibition is changing a bit. Due to recent developments and Pres. Obama's unfortunate comments at the Online Townhall meeting, I've decided to change the direction of the discussion here. I had originally meant for this to be about the Legal Eagles, the groups that are providing legal services to those who find themselves in the grip of Johnny Law. That part will be forthcoming as soon as I can get more information. I would hate to link to bad goods on a topic that's so important to the Warriors.

This post is about Main Street. It's your hometown, my hometown, the little berg that has a couple of stores and a post office or a urban neighborhood with ethnic flavors and smells, little old ladies walking to the grocery and the church. This is the residence of Mom and Pop America. They've lived here most of their life. They shop here, worship here, they say hello to Phil at the corner grocery. They go to the clinic for all their aches and pains and dread the day when the doctor tells them the inevitable. They're getting older but they still have their kids.

Their kids are in schools all over the country, trying hard to get that sacred piece of sheepskin. They go from campus to campus learning all about the world and how they'll make their mark in it. They're burning the midnight oil for tests and midterms, studying hard and smoking pot. Lots of pot.

Mom and Pop America may not know about this, they may be sitting in their kitchens drinking tea and coffee, talking about the medical bills, the student loans, the costs of gas and grocery, or the rising price and dwindling coverage of their insurance. This isn't a happy time. Concern about whether their progeny is partaking of the ghanj isn't high on their list. Until, that is, their kids get busted.


Getting busted for a gram of weed can cost a college student his/her student loans. In some states, it could lead to a felony conviction which would severely limit their employment opportunities. A person with a felony conviction can't hold any job that requires bonding or licensing, other than a driver's license. Most government jobs are off the table as are most large corporations. You are required to divulge your conviction on all job applications and if you lie (background checks will rat you out) you'll be kicked to the curb. The best you can do is unskilled or semi-skilled labor or, if you're lucky, go to work for a small business that has a soft spot for you.

Mom and Pop America are getting older. They're getting close to their sunset years with all the aches and pains that go with them. There was a time when you just died if you got cancer or AIDS. Now, you can live longer with the right combination of drugs. Even if they make you sick and puke or lose any semblance of an appetite. In order for these drugs to work, you have to keep your strength up, eat regular and drink lots of water. When your body is healing itself, the last thing you want to do is stop putting food in it. Well, consider the decisions facing Mom and Pop now that Granny or Auntie Em are sick with cancer and need pain relief or won't eat anything. Either you order a pine box for their big dirt nap or you set aside all the bullshit that people like Harry Anslinger, John Walters, or General Nuisance Barry McCaffrey have been selling and take a long, hard look at cannabis. Converts are coming out all over the US.

Drug companies have us by the balls. Insurance companies have us by the throat. Together they're twisting and stretching us every which way but up. They may have had a bad time these past few months but don't think they've seen the light yet. They still exist only to make as much profit as possible, the health and well being of the population be damned. Medical marijuana is bad juju to these goons. Here's a plant that can be grown in the back yard that can alleviate pain and nausea. No processing, no slick advertisement, no fancy packaging that features pretty people with perfect teeth - worse of all, no profit. You can bet your last bar of soap that these industries will be dead set against allowing the legal distribution of medical marijuana.

State legislatures all over the country are taking a new, reasonable look at their marijuana laws. With the advent of the progressive movement's victories in elections all across the country, many lawmakers are taking the chance on changing these outmoded laws and penalties, something not heard of just a couple of years ago. Mind you, there are a lot of hurdles yet to climb and this could all take a turn for the worse but there has never been a better time to defeat 'Reefer Madness' once and for all.

In order to get to the point where we can go to the corner smoke shop and order a qtr 'z' of Purple Spank Surprise, there are certain landmarks that need to be laid out.

1. Stop the raids on medical marijuana clinics and make a public statement to that effect.
2. Defer to state laws in all cases of jurisdiction if state laws are more lenient.
   
3. Drop Cannabis from the Schedule One list of dangerous drugs.
4. Legalize the cultivation, distribution and processing of Hemp and Hemp products in the US.
5. Decriminalize the possession of up to 40 grams of marijuana for personal use.
6. Legalize the cultivation of up to 15 plants for personal use. (60 plants for medicinal)
7. Enact legislation that creates a tax code and reasonable mechanisms for taxing the sale and distribution of marijuana.
8. Legalize the sale and possession of up to 40 grams of marijuana for adults 21 years or older.
9. Allow special licensing for small homegrown craft growers who would expand the market and allow branding of certain 'vintage' types of cannabis.

Surely, the last few are a long way off, but it pays to dream!

Currently, there is a lot of suffering going on at the border with Mexico. Drug cartels are kidnapping people, sending them across the border into our state parks and national forests to grow marijuana. The marijuana grown there is sold in the cities of the Southwest, perhaps even as far away as Chicago and New York. The profits from those sales are then taken to gun shows and retailers in Texas, Arizona and California where semi-automatic (and in some cases fully automatic) weapons are purchased and smuggled back to Mexico. Once there, the guns are used in the cartels' war with the Mexican government. Try as they might, the Mexican government is outgunned, out financed and outmaneuvered by these drug lords. The MPP has said that 60% of the financing for the weaponry used by the drug lords comes from the sale of marijuana to users in America.

Take away that money! If we were to legalize marijuana, the flow of funds and guns to the cartels would dry up like an old condom. They wouldn't be able to keep up the fight with the Mexican government and would soon be defeated. The only ones who would be adversely impacted by this, besides the drug lords, would be the gun merchants in Texas. Boo freaking Hoo!

So, it comes down to being reasonable. Lord knows, we don't need another vice in our lives and marijuana is one of them to be sure. But if I were to choose which one to have, smoking pot would be far ahead of tobacco (hate the taste and the toxins), alcohol (false bravado, hangovers, puking your guts out in the back yard), gambling (going broke in 15 minutes was never that fun) or sky diving (planes have landing gear for a reason).

The only way we are going to achieve the list I've put out there is by doing it by the numbers. When Mom and Pop America see Auntie Em, whose suffering from her cancer treatments, get relief from pot then we've got advocates. Not the kind of advocates you'd normally see associated with the cannabis issue, but god-fearing hard working folks who just want to see their loved ones treated with dignity and compassion.

Update: I erred in including Oklahoma as a source of illegal guns to the Mexican Cartels. The ATF states that in addition to Texas, California and Arizona have been found to be the source of many of the weapons used by the cartels. More info coming...

Update deux: jeg43 commented that I should take another look at my statement about the flow of guns from the US to the Mexican Drug Lords. I found the error with Oklahoma as I was researching this and changed it above. But as I went across the web, the primary theme from the government (the ATF, the FBI, and the State Dept.) as well as the media on the ground in Juarez, Tijuana, and the US border towns that the evidence of Mexican surragates buying thousands of assault weapons from American gun shows is overwhelming.

Mexican cartels are using assault rifles like the variants of the AK-47 and AR-15 that the ATF traced back to sellers in the United States. According to a Mexican government official and The Brookings Institution, as many as 2,000 weapons enter Mexico daily and fuel an arms race between competing Mexican drug cartels. Since 1996, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has traced more than 62,000 firearms smuggled into Mexico from the United States,and ATF officials estimate that 90% of the weapons recovered in Mexico come from U.S. gun dealers; about 55% of these guns are assault rifles.

An in-depth analysis of firearms trace data by the ATF over the past three years shows that Texas, Arizona and California are the three most prolific source states, respectively, for firearms illegally trafficked to Mexico

My source, with good footnotes: http://en.wikipedia.org/wiki/Mexican_Drug_War I hope to provide more info later as it comes up. As I said to jeg43, I'm no fan of unregulated gun sales and feel that there are far too many guns in the world. BUT, I acknowledge that the Constitution has a Second Amendment that should be considered as important as the First. No law abiding citizen should be kept from owning a gun if they choose.

So Mote It Be,
David A.

Pain sucks

Had to stay home yesterday. I don't take many days off from work. There was a day when I could go years without missing a day. Not anymore. Seems the years are catching up to us. (and grabbing us from behind, kicking the shit out of us and taking our money)

I have some grief with circulation in my legs. Not to get too graphic but I have to go to the vascular clinic every week to have my legs wrapped up. Not a pleasant experience.

The pain was off the chart yesterday so I stayed home to writhe on the floor, crying like a toddler with a toothache as opposed to doing it at work. I couldn't sit still long enough to post anything or concentrate on the next part of my series on cannabis.

Which brings me to my next point. After talking to my primary care provider (those are doctors, right?) I can get a prescription for medical marijuana. WTF?

You mean, after years of stalking about back alleys, going to some stranger's apartment that reeks of strawberry incense and beer, whose walls are plastered with Judas Priest posters and Mexican blankets; dudes that look like Cheech and Chong's alien love child and pay exorbitant prices for shit that's still wet...now, I can go to a place and buy some Bhab legally without fear of Johnny Law coming down my driveway with a warrant to turn my life inside out?

Good god, Martha, am I in Heaven?

Not quite. Now, the reality...

I can get medical marijuana but only if it comes from a recognized source. The law is kinda iffy about getting it from 'other than official' sources. That said, there are no official sources. There are cannabis clubs but they are miles away and I can't drive too much any more.

I haven't been a customer of the ghanj in a long time. This is new territory for me. The other impediment is my employer. You see, in the liberal world I live in, if the state says its OK for me to smoke pot for my pain, then my employer will just go along with it.

Yeah... right.

I work for a large international corporation that has every new employee pee in a cup upon hiring. They frown on people coming to work with the munchies and smelling like bong water. Regardless of what the State of Washington said about my ability to use cannabis for medical purposes, federally I would still be breaking the law. And that law would be the one my employer would follow.

Simply put, if I use my prescription and start smoking pot; I look for another job.

This is the conundrum of medical marijuana. As long as the federal government has cannabis listed as Schedule 1, meaning there is NO medical benefit from the drug, there will always be a solid legal foundation for anyone fired or dismissed for using it.

So, I have my prescription but can't use it. I am in pain and can't find relief short of nasty opiates and pain killers that would make me dependant or worse. (Visions of Rush Limpballs come to mind - 'shudder')

Today, I'm not so bad. We'll take it day to day and hope for the best. In the meantime, I'll keep pounding the hammer on changing the laws to allow folks like me to, not only get the medicine they need, but get the legal right to do so without fear of reprisal.

Addendum: Heartfelt thanks to Grandpa Eddie and Liberality for their words of support. I'm not one to put my aches and pains on the Toobs for all to see, but I felt that a point needed to be made about the shortcomings of the medical marijuana laws.

I'm not as bad as some folks who really need this law changed and its for them that I do this work. I was a recreational user for years and would be again if circumstances were different. I feel that makes my marijuana needs secondary to those of folks who really need the herb for relief.

Addendum 2: Thanks One Fly, you bring up a point I neglected to make very clear. I am old school in that you show up to work at the best you can be. If you're too sick to work, stay home. I hope I didn't give the impression I would be quaffing the ghanj while working... no, no, and fuck no. But One Fly made a point in that even if I'm completely sober while at work, I still would test positive on the Whiz Quiz. For whatever reason my employer wanted to request a test, I would fail due to prescribed use even if only at home. On a federal level, being only a state prescribed drug doesn't offer any protection against dismissal. If I were hurt at work through no fault of my own and I were tested for pot, I could be denied benefits due through employer-based workman's comp.

So Mote It Be,
David A.

21st Century Prohibition pt.3 - Pot Warriors, the Good Guys

Travel back with me to a time long ago when disco was king, bell bottoms were bottoming out and Jimmy Carter, lustful heart and all, was president. I was a freshman at Washington State University in Pullman. Big change from the little berg I was raised in. They had more than one traffic light.

Upon registering, I came across a row of tables manned by students hawking their clubs and organizations. There were farm clubs, science clubs, chess and sports clubs, political organizations of all stripes and colors. Along the far wall, a table had caught my eye. You see, at that time, I was a recreational user of marijuana and was completely out of herb. Being in a strange new town, I was resigned to the fact that I was going to remain without until I was able to return to the hometown for a reload.

On that far wall were two gents gathering memberships for NORML, the National Organization for the Reform of Marijuana Laws. I thought, what better way to get connected than to join that group. I walked over and signed right up.

I didn't get any weed, instead I got schooled.

The Good Guys

NORML - The National Organization for the Reform of Marijuana Laws was founded in 1970 by Keith Stroup. It has led the fight for decriminalization and reasonable regulation of marijuana use. It also has been instrumental in educating the American public on the facts about the many uses of cannabis, not the falsehoods and propaganda of reefer madness and 'Just Say No!' campaigns. They fight the good fight and, if the gods favor us, will succeed in bringing justice to millions of marijuana users and producers.

Their mission statement -NORML's mission is to move public opinion sufficiently to achieve the repeal of marijuana prohibition so that the responsible use of cannabis by adults is no longer subject to penalty."

There are chapters in almost every state (what's up with Virginia?) and they provide a state-by-state guide to the current marijuana laws. Check out what your state has in store for you should Johnny Law find you partaking of the ghanj. If this issue is important to you and it should be, join up and bring needed change to this gawd-awful clusterfuck. I've been a member since those early days so their standards are suspect but their cause is righteous.

MPP - The Marijuana Policy Project tracks the political side of the issue. Like NORML, they advocate a responsible, reality based policy on marijuana use and production. I see them as the suit and tie version of NORML but their purpose is more wonky, more palatable to the stuffed shirts that hold the reins of power in DC. They came about in 1995 and have been working tirelessly to advance favorable legislation in Congress. Since their charter, they have advanced medical marijuana legislation in the US Congress and have seen the statute approved in 13 states.

Their vision/mission statement -
Vision:
MPP and MPP Foundation envision a nation where marijuana is legally regulated similarly to alcohol, marijuana education is honest and realistic, and treatment for problem marijuana users is non-coercive and geared toward reducing harm.
Mission:
1. Increase public support for non-punitive, non-coercive marijuana policies.
2. Identify and activate supporters of non-punitive, non-coercive marijuana policies.
3. Change state laws to reduce or eliminate penalties for the medical and non-medical use of marijuana.
4. Gain influence in Congress.

They've been instrumental in getting the word out about our draconian marijuana laws. In WA, medical marijuana was passed by initiative by 59% of Washington's voters. It's coded as RCW 69.51A. They were also instrumental in passing a 2003 law (Initiative 75) that made marijuana possession the lowest priority in law enforcement.

Personally, I think that type of law is a bit ludicrous but it does send a message. In reality though, a cop will bust you for whatever he/she thinks of at the time. In my dealings with Johnny Law, you are at the mercy of a merciless thug. If you walk away from a pot bust, it's not because of this law but because you weren't a big enough catch or the paperwork wasn't worth hauling your stoner ass to jail.

Drug Czar? WTF? - This one doesn't really fall in the category of the good guys but I reserve judgment to place him here versus the bad guys. Seattle police chief Gil Kerlikowske has been tapped by President Obama to head up the Office of National Drug Control Policy (ONDCP). He be the new Drug Czar! While advocates wanted a progressive health industry official, not a law enforcement officer; this one is easier to take. While Chief Kerlikowske is not as bad as his predecessors like John Walters and General Nuisance Barry McCaffery, he's still a cop and will do his job along that line. However, as the chief in Seattle, he oversaw the implementation of medical marijuana clinics and Initiative 75 without incident. Also it begs mentioning that during Hempfest, the Chief lowered the footprint of law enforcement, allowing folks to relax and be 'real'. The cops present were very tolerant of those who chose to imbibe a little Bhab during the festivities (provided they weren't blatant about it!)

Hempfest - Bask in the glowing embers and inhale the magic. If it's the middle of August and you find yourself in the Emerald City you'll find no place closer to OZ than Hempfest. Staged at Myrtle Edwards Park and the surrounding area, this free (donations gladly accepted) 'protestival' is the largest organized protest and gathering promoting cannabis decriminalization and activism. Now as much as we lurves ourselves the herb for personal enjoyment, Hempfest also focuses on the industrial uses of hemp. In 2009, the theme is industrial hemp. Hempfest features many stages, lots of music and speakers, goods and services - all with the message of ending prohibition. Incidentally, one of my favorite spots, is a stage and area called the Hemposium that exhibits all things hemp. The Hemposium educates through demonstrations, speakers, panel discussions, and displays that center on the many uses of industrial hemp. But any discussion of hemp always comes back to the failed war on marijuana, so Hempfest incorporates industrial hemp, access to medical marijuana, and the responsible recreational use by adults into a single weekend festival of fun, frivolity and information.

Their mission statement - To educate the public on the myriad of potential benefits offered by the Cannabis plant, including the medicinal, industrial, agricultural, economic, environmental, and other benefits and applications, including domestic industrial hemp production and commerce. In particular, Seattle Hempfest seeks to advance the cause of Cannabis policy reform through education, while advancing the public image of the Cannabis advocate or enthusiast through example.

OK, full disclosure here. I've been a volunteer at Hempfest for awhile and needless to say, it's near and dear to my heart. The gang of organizers and other volunteers are second to none and despite the 'stoner' reputation, they get shit done. To organize and administer this size of an event is insanity at its best. The list of names that get this lovely chaos to work is beyond my capacity to put here but let me say they are the BEST! That means you, Katie!

I missed last year due to an illness so this year I'll be on course to volunteer the whole weekend. For those of you who may be looking for a good, inexpensive outing in the Great Northwest around Aug 15 and 16, 2009 you couldn't do better than to cogitate, communicate, mediate and vegetate at Hempfest!

Poster from last year, 2008

I could list a lot more folks here. Willie Nelson, Woody Harrelson, Tommy Chong and countless others who may not be household names. In the future I will be adding to this list with other posts about fighting the good fight and winning the war on marijuana. These folks are to Harry Anslinger like water is to fire.

Next part: The Legal Eagles

So Mote It Be,
David A.

Getting the Job Done

Here in the Great Northwest, we have a reputation for liberalism. Would that it would be true! In truth, we have some of the most viral, insipid, morally vacant right wingers that ever peeked out from under a swamp.

In the Washington legislature, a bill is up for consideration. It's SB 5615 - 2009-10: "Reclassifying possession of forty grams or less of marijuana from a misdemeanor to a class 2 civil infraction"

My freaking GAWD! Reason and logic have taken over the WA state legislature! Next thing you know they'll legitimize gay marriage and fund public schools! Oh, the horror!

thehim, an old friend from my days on 'Take Back the Media', a blog once run by the American Stranger and Symbolman, has posted the committee hearing from TVW news on his site, Effin' Unsound. Go there and be schooled on how the process works and what the enemies of reason do to try and stop it.

(on a side note, Symbolman has come under bad times as another victim of this economy, give a hand if you can at the new site Take Back The Media)

So Mote It Be,
David A.

21st Century Prohibition pt2- The Pot Warriors, the Bad Guys

(due to a posting error, this title was mistakenly placed on part one. Oops!)

This part and the next will discuss the people who fight the fight (both the good guys and the bad). This part is about the bad guys; the people who, through misinformation and fear, want to control the flow of good information about cannabis and its important uses. We, as advocates, seek an end to the Prohibition. There are folks like us all across this country who place themselves in legal jeopardy in order to provide information, advise and product to those who need it. These folks below aren't them.

First, a look to the past...
Marijuana has been hitching a ride on history's back since long before humankind put stick to clay and made words. Recently, a stash was found in a 2,700 year old tomb in a remote part of China. Apparently, this herb has been a companion to humans for a very long time.

As with any recreational activity, the leaders of the community want, or more precisely, demand the right to control it. They fear any activity that takes people away from their influence. Our leaders feel that it is their responsibility to coddle their 'charges' as a parent nurtures their young. They place restrictions on activity they deem dangerous or licentious. However, it's one thing to say "It's against the law to jump from the Golden Gate Bridge." than to say "It's against the law to alleviate your pain with this herb." As a community within a democracy, it is our responsibility to ensure our leaders create and enforce laws that don't cross the line into demagoguery.

The Enemy:

Our drug policy has been around for almost a hundred years. In the 1930's an anti-marijuana campaign was being shepherded around the world by a globetrotting law enforcement officer by the name of Harry Anslinger. He was a goon that made his name in strong-arming folks who tried to take on the corporate barons of the time. He favored the attention he received in his never-ending quest to make himself relevant. He was especially fond of attacking Marijuana and its users, particularly those who were people of color. Anslinger was quite successful in steering public policy about Marijuana (and by association - hemp) into a frenzy by using racial buzzwords and fear-mongering.

Writing for American Magazine, Anslinger told tales of woe and tragedy by cherry-picking quotes from police reports, unsubstantiated narratives of graphic violence and mass murder; all perpetrated by users of marijuana.

"An entire family was murdered by a youthful addict in Florida. When
officers arrived at the home, they found the youth staggering about in
a human slaughterhouse. With an axe he had killed his father, mother,
two brothers, and a sister. He seemed to be in a daze… He had no
recollection of having committed the multiple crime. The officers knew
him ordinarily as a sane, rather quiet young man; now he was pitifully
crazed. They sought the reason. The boy said that he had been in the
habit of smoking something which youthful friends called “muggles,” a
childish name for marijuana."

The tales woven by Anslinger plus the public's ignorance and fear of minorities in a time of economic depression brought the necessary pieces together to forge a new and wholly undeserved label on marijuana. An herb that had been a companion to humans for thousands of years was now illegal because people were led to believe that it would lead to integration of the races and the collapse of Western Civilization (read: western white civilization).

Anslinger would be the government's drug 'czar' from 1930 to 1962 but still represented the United States on the UN Narcotics Commission for two more years. In his later years, he had become blind and infirm due to angina and prostate disease and took morphine to alleviate his pain. This contradiction has little influence on his attitude and work, he still believed that cannabis had no medical value up until his death in 1975.

Gen. Barry McCaffrey: General Nuisance.

Gen. McCaffrey was head of the Office of National Drug Control Policy for five years. He served from March of 1996 to Jan. 2001. Like other figureheads of this black hole of anti-science propaganda, he was our 'Drug Czar'.

What McCaffrey was most known for was the stealth approach he used to get his message to the public. Most government programs produce ads in the media, flyers and programs for schools; but McCaffrey went one better - he went Hollywood!

In the spring of 1998, the ONDCP began to develop an accounting system to decide which network shows would be valued and for how much. Receiving advance copies of scripts, they assigned financial value to each show's anti-drug message. Then they would suggest ways that the networks could increase the payments they would get. The WB network's senior vice president for broadcast standards Rick Mater admitted, "The White House did view scripts. They did sign off on them -- they read scripts, yes."

Running the campaign for the ONDCP was Alan Levitt, who estimated that between 1998 and 2000 the networks received nearly $25 million in benefits.

Of course, the bulk of this propaganda was anti-marijuana. The Marijuana Policy Project, NORML, and other marijuana advocacy groups aren't against educating the public about the dangers of drugs. But this was beyond the pale. Paying networks to insert government propaganda into their programs without disclosing this in the credits is the stuff of spy novels and tin foil hat conspiracies. Gen. McCaffrey was called on it by the MPP (Marijuana Policy Project) and had to admit the covert actions.

The Drug Czar's running meme is that as long as it accomplishes its goals of getting kids to 'say no' to drugs, then they should be allowed to do whatever they can. Any criticism of their methods is dismissed and those who do so are accused of wanting kids to take drugs.

After McCaffrey, under the Bush Administration, we got John Walters. His task was to elevate the program to take on the pro-legalization crowd. The tide started to turn about the use of marijuana. Most of the generation of the 'Reefer Madness' years was dying off. The current generation, the Baby Boomers had more experience with marijuana, many of them were former users.

Communities all over the country started looking at their policies for dealing with marijuana; the reality of incarcerating thousands of people for smoking a little weed became apparent. Medical marijuana clinics were being established all over the West and in some parts of the Northeast. States like California and Washington passed initiatives to allow physicians to prescribe marijuana to patients that needed help with pain and nausea. The only roadblock to these state laws was the ONDCP. And Walters used that roadblock like a bulldozer.

Not only did he use the bully pulpit to chastise, accuse, and denigrate the anti-marijuana prohibition groups in every state, he violated government campaign finance laws (the Hatch Act). He oversaw the spending of millions of dollars on campaigns of misinformation and outright lies. he used his office and government funds to travel to each of the states considering changing their marijuana laws to campaign against it. Oops, there's that Hatch Act again!

The common thread he used in his campaign was that there is no 'established' medical use for marijuana. The ONDCP used the narrowest definitions to arrive at that statement by basically making the case that since the US hasn't done comprehensive studies on the effects of marijuana on patients, then there is NO evidence that it has any medical value. The reason they have in saying this is simply that the Bush Administration prevented any substantial research into the field by denying grants and federal research money to those activities.

When you control what is being said, you can say anything you want.

Next post: Part Three: Pot Warriors - the Good Guys
Last post: Part One: The Goods

So Mote It Be,
David A.

21st Century Prohibition - The Goods

Cannabis Sativa - an annual plant in the Cannabaceae family. It is a herb that has been used throughout recorded history by humans for various purposes such as fiber, for its oil, and as food, as a drug, as medicine, and for spiritual purposes(from Wikipedia)

This is hemp. It's also Marijuana. The only difference is the potency of the THC (tetrahydrocannabinol), the psychoactive component of the leaves and flowers.

This drawing from 1900 shows the different
parts of both male and female plants

THC potency is varied depending on the plant subspecies and the method of cultivation. Cannabis is a sexual plant, meaning that it reproduces by pollination from a male plant to a female one. The female has flowers that are more resinous by nature to produce seeds, the males only produce flowers for production of pollen. Males are genetically lower in THC than females. By encouraging female flower growth and eliminating male genomes, THC potency can reach as high as 22%. This is the desired effect of marijuana growers.

By planting close together, restricting flower growth and encouraging height and stalk size, potency is as low as .5%. Commercial grade hemp is grown in this fashion, which makes the product unusable as a psychoactive drug. A user would have to smoke or ingest 15 to 50 times the plant matter to achieve the same 'high' as normal or average potency cannabis. Most of the THC resides in the flowers and stamens, small leaves and stem have less and large leaves and stalks have almost none. This is a close-up of the flower bud with resin coated stamens.

Female flower bud with resin-coated stamens

Industrial hemp is usually harvested before flowering, avoiding any confusion with marijuana. Hemp that is grown for seed is cross-pollinated with male plants to produce seeds which further reduces THC levels. Also, specific subspecies of cannabis have been bred to favor stalk growth, large leaf production and increased yield of seeds; all of which decrease potency. Thus, the production of hemp is counter-productive to the marijuana grower. The two crops would have to be segregated to keep the marijuana plants from going to seed and losing its value. Segregation would be cost prohibitive, especially if done illegally.

So, why go to all the trouble of legalizing hemp production and the processing of hemp products?

Hemp is one of the most versatile plants in Mother Earth's Kitchen. Hemp can be used to make paper, textiles, building materials, food, fuel and plastics. Hemp requires little to no pesticides, no herbicides, controls erosion and produces oxygen (as most plants do). Hemp products can replace many non-renewable items currently on the shelf such as plastic containers, cardboard boxes, ink, and cellophane.

Hemp fiber can be combined with other fibers such as silk, linen, or flax to produce softer textiles, but new refining methods are producing softer hemp with very little to no need to blend with other fabrics. Replacing cotton with hemp would mean a significant reduction in pesticide use since cotton uses almost 25% of the world's total. Hemp is naturally resistant to many pests and diseases and can be rotated to ensure proper soil nutrition.

Hemp can be used for food. It's nutritive value exceeds that of many other, more processed foods:

About 30–35% of the weight of hempseed is an edible oil that contains about 80% as essential fatty acids (EFAs); i.e., linoleic acid, omega-6 (LA, 55%), alpha-linolenic acid, omega-3 (ALA, 22%), in addition to gamma-linolenic acid, omega-6 (GLA, 1–4%) and stearidonic acid, omega-3 (SDA, 0–2%). Hempseed also contains about 20% of a highly-digestible protein, where 1/3 is edestin and 2/3 are albumins. Its amino acid profile is close to "complete" when compared to more common sources of proteins such as meat, milk, eggs and soy.

Cannabis Sativa as a drug is gaining support among mainstream medical journals and groups. The old 'Reefer Madnees' of the 1930's is starting to fall by the wayside. However, there's a long way to go before the old ways are replaced with logical thought and consideration.

Research is difficult because of the stigma surrounding the drug and the layers of government intervention and red tape that must be completed before any trials can be started. The government's 'War on Drugs' counter-indicates any medical or commercial uses of marijuana thereby establishing a wall of resistance to accept any proof otherwise.

The current research done by other countries establishes the minimum requirements to begin responsible and extensive research here in the United States. The Obama administration should at the very least, remove cannabis from the Schedule One:

Schedule I.—
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision."
No prescriptions may be written for Schedule I substances,

As research has indicated and as information is disseminated, we can conclude that cannabis no longer falls into the criteria set forth by the DEA's own guidelines.

Many of us would like to see cannabis regulated by the government, taxed and provided legal for responsible adults in the same way alcohol and tobacco are. But, we acknowledge, that one must learn to crawl before you walk. Decriminalization of cannabis would remove the harm that has been perpetrated on millions of people by their use of marijuana.

It's time to bury the memory of Harry Anslinger once and for all.

Update: I got my titles mixed up, this post is "The Goods", one of my next posts will be about those who fight the good fight on the Pot Prohibition front.

So Mote It Be,
David A.