Wednesday, August 04, 2010
Hempfest is Coming! Aug. 21 & 22
It's August again and soon the eyes, ears and air passages of hopeful hempsters will be on Seattle's Myrtle Edwards Park. Hempfest, the world's largest festival of all things cannabis, will be held on Saturday, the 21st and Sunday the 22nd.
I will be there, as will nearly 250,000 kind folks. (I'll be the one in the gray ponytail!) I hope to get more pictures up than I did last year. I worked for the event so my time was limited, not to mention the crowds.
This year we're as close as we've ever come to legalization. California has an initiative (Prop. 19) on the ballot as well as numerous medical marijuana referendums in other states.
I'll have more in the future but until then, here's a great new cartoon from NORML that tells a story.
See you at the Faire!
So Mote It Be,
David A.
Monday, May 18, 2009
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.
Saturday, May 02, 2009
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 44th 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:
- Travel safely. Never smoke and drive.
- Be a good neighbor. Loud music and bad parking can lead Johnny Law to your front door.
- 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 26th, 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.
David A.
(forgive the radical formatting. Blogger and Firefox seem to be having a tiff today. Wordpress is looking better and better every day)
Sunday, March 29, 2009
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.
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.
- Stop the raids on medical marijuana clinics and make a public statement to that effect.
- Defer to state laws in all cases of jurisdiction if state laws are more lenient.
- Drop Cannabis from the Schedule One list of dangerous drugs.
- Legalize the cultivation, distribution and processing of Hemp and Hemp products in the US.
- Decriminalize the possession of up to 40 grams of marijuana for personal use.
- Legalize the cultivation of up to 15 plants for personal use. (60 plants for medicinal)
- Enact legislation that creates a tax code and reasonable mechanisms for taxing the sale and distribution of marijuana.
- Legalize the sale and possession of up to 40 grams of marijuana for adults 21 years or older.
- Allow special licensing for small homegrown craft growers who would expand the market and allow branding of certain 'vintage' types of cannabis.
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.
Friday, March 27, 2009
Obama says NO
President Obama, in his online Town Hall meeting Thursday morning, brought up the topic of cannabis legalization for the purpose of bringing in tax revenue. He dismissed it with a laugh, joking about what this says about the online audience
Now, he was laughing and joking about it. This is a fairly serious subject around here so I did take a bit of offense at it at first. But I realized and was reminded by a good friend, Hoff @ Hoffmania, that he brought it up. It was not posed to him, he wasn't backed into a corner and forced to respond; he chose to address the issue. Andrew Sullivan, who I rarely consider an ally, didn't see it that way. This is the comment I left at Hoff's place:
Friday, March 06, 2009
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.

If we are to end prohibition, we have to do in it by the numbers. The issue is still hot and, with the Mexican drug lords killing dozens of people just over the border down south, we may not be able to get past the emotion of it. Reason and logic dictate that if you take away the money that funds the drug lords, you can take away the guns they buy with that money. We supply the customers for their weed and, through our gun shows and private dealers, provide the weapons they use to keep their drug war with the Mexican government fully armed.
Pres. Obama could have been more diplomatic with his response. Paul Armentano, at NORML, sees nothing funny about it. He rightly points out that this is a serious issue and not about guys sitting around their mom's basement getting high. Obama made the crack about 'what this says about the online audience'. Well, Mr. President, we expect you to treat this issue seriously.
The joke is getting old.
So Mote It Be,
David A.