How I ended up where I am…

KentuckySheree Krider 

In 2003 I started my quest for knowledge regarding Cannabis and Medical Cannabis.  I had previously raised two daughters and was taking care of my parents.  In 2001 shortly before my Father’s death he had called me and asked me if I could get him “a little pot” (at 84 years old) because he thought “It might make me feel better”.  Because I did not know anything about the usage of Medical Cannabis I was afraid to let him have it.  I have regretted that decision but at the time I knew no better.

In 2005 I met Ms. Tonya Davis and accompanied her to a few meetings and festivals in Ohio.  There I met Lynne Wilson and also Rev. Mary Thomas Spears who has become my closest friend since then.

I remember asking Tonya Davis in 2005 if there was a political way to beat the beast so to speak, and asked her about “REPEAL”  but at the time most people were in to “Legalization”.

I went home, looked up the U.S. Marijuana Party and made a phone call to Richard Rawlings.  I had posted on the then ky.usmjparty.com but it had been taken down right before I contacted him and in fact that was my reason for calling, to find out what happened to “Kentucky”.

It so happened that this was about the same time as the inquiry into Marc Emery was being made by the U.S. DEA for shipping Cannabis seeds by mail to the U.S.  At the time I knew nothing about what was going on.

Richard put the Kentucky site back up and gave me “Administrator” status over it.  That was the beginning of my journey with the U.S. Marijuana Party.

From the beginning I was a “Repealer” and posted as such on the Kentucky site.  But it would be a number of years before the Party itself crossed over to being a true repeal group.

About 20 or more States were lost after Marc Emery was indicted.  I stayed on.

Eventually in 2010 Richard offered me “V.P.” status which I hesitantly accepted because I never wanted to be a “politician”, it just was not my “line of work” so to speak.  However, I did accept and we continued on with the USMjParty even though there was no income to be had for doing it.  It was a passion and a way of life – not one to collect “funds” from.

In 2011 Richard started to become ill and by the later part of 2011 I was forced into making a decision I did not want to make but it was “part of the job”.  I called Bill Chengelis who was the Colorado Chair at the time and asked him to take Richard’s place as “Head Chairman” of the USMjParty.  I would remain on as the Kentucky Chair until the position could be filled by someone else – but that never happened.

By 2012 Richard was diagnosed with Stage IV Cancer and we stayed together until his death in February 2013.  He left me with all of his websites and the USMjParty.

I definitely did not want to be “Head Chair” so I decided that I would change my position considering what I had been left with to “Organizer” and “Kentucky Chair” of the USMjParty.

Since then I have focused around all the other people who have came in and out of the USMjParty as State Chairs and ran the websites.

Today we push for REPEAL of the CSA as well as other Federal and U.N. laws which continue to make this plant an “illegal substance” even though it has been “legalized” in 23+ States though technically it is still an illegal substance under Federal and U.N. law and that law has yet to be changed.

REPEAL is the only path to true freedom of this plant.  If we let “legalization” and CSA Schedule II take it over we have lost the war for the common person who wishes to grow their own on their own property without taxation.

We are “FIGHTING FOR THE FREEDOM FROM PROHIBITION OF YOUR FREEDOM’S!”

no jail for kim davis! “She has a very strong conscience and she’s just asking for a simple remedy, and that is, remove her name from the certificate…”

Kentucky Clerk Kim Davis Jailed After Refusing to Issue Marriage Licenses to Same-Sex Couples

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Conviction of conscience is our right as U.S. Citizens in order to influence our Government into governing according to “our” beliefs, the beliefs of every American Citizen.  In this case, the issue is very divided among us. 

Although I believe in the right to marry for everyone, I also believe in living free and being able to assert “Freedom of Speech” and Religion in this Country.  As Americans we have the right to freedom of Religion, and religious liberty as well as “Freedom of Speech“.  However, per wiki, “legal systems, and society at large, recognize limits on the freedom of speech, particularly when freedom of speech conflicts with other values or rights.”

So there you have it in a nutshell.  The law which would apply in Kim Davis’ dilemma to try to force her into something she does not believe in, even though it was a known fact that she did not believe in “Gay Marriage” when she was “elected” by “the people” of Rowan County Kentucky.   The voter’s of Rowan County elected her based upon her personal and political beliefs at the time of her election.

Davis served as Rowan County chief deputy clerk, reporting to her mother, Jean W. Bailey, for 24 years.  

As shown below she won the general election with 3,909 votes.  The population was 6,845 at the time of the 2010 U.S. census

Where were all the voter’s at?  Only half of them have spoken.

Evidently the people of Rowan County wanted her to be in office because 3,909 people elected Kim Davis and now the “people” are complaining about how she Is doing her job. 

Rowan County 100% Reporting

Rowan County, Kentucky County Clerk Democratic primary, 2014:

Democratic
Kim Davis
1,817
46.2%

Democratic
Elwood Caudill, Jr.
1,794
45.6%

Democratic
Charlotte Combess
322
8.2%

Rowan County, Kentucky County Clerk general election, 2014

Democratic
Kim Davis
3,909
53.2%

Republican
John C. Cox
3,444
46.8%

KY 2014 ROWAN COUNTY

At the time of her election, Davis told the Morehead News,

“My words can never express the appreciation but I promise to each and every one that I will be the very best working clerk that I can be and will be a good steward of their tax dollars and follow the statutes of this office to the letter.”

Kentucky Sen. Rand Paul said the move would set a bad precedent.

“I think it’s absurd to put someone in jail for exercising their religious liberty,”

This case has attracted not only State and National but international news as well.  As an Activist, and after reviewing the Rowan County Kentucky issue surrounding the “Kim Davis” situation again,  in all conscience , I must take her side.  She was elected into the office at a time when gay marriage was illegal and still is according to the Kentucky Constitution.  She was elected in a conservative State in 2014. 

Decided on June 26, 2015 by a Federal case, Obergefell overturned Baker and requires all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions.  Obergefell v. Hodges, 576 U.S. ___ (2015).

Per the Rowan County website Kim Davis

“As county clerk I am responsible for providing many services to the people of Rowan county. These duties include general categories of clerical duties of the fiscal court: issuing and registering, recording and keeping various legal records, registering and purging voter rolls, and conducting election duties and tax duties.”

Embedded image permalink

Prior to her arrest, Kim Davis said the following on Thursday,         

“God’s moral law conflicts with my job duties,” Davis told the judge before she was taken away by a U.S. marshal. “You can’t be separated from something that’s in your heart and in your soul.”

After Rowan County clerk Kim Davis was taken into federal custody Thursday for repeatedly refusing to issue marriage licenses to gay couples, every deputy clerk but Davis’ son have said they would grant licenses.

Because she is an elected official, Davis, a Democrat, can’t be fired from the position for refusing to comply with the court order. If she is found guilty of misconduct, Davis could be imprisoned for up to a year, according to the Louisville Courier-Journal. The state legislature can also vote to impeach her, the paper noted, though that seems unlikely since most Kentucky voters oppose same-sex marriage.

There has been an honest and compliable offer to append the situation.  Per ABC news,

“Kim Davis thinks she has a solution to her problem.

The Kentucky county clerk, jailed for failing to follow a judge’s orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News. “

On September 3, the Anti-Defamation League commented:

No one should ques­tion or chal­lenge Ms. Davis’s                           reli­gious beliefs.

 

 

 

 

It is therefore my opinion that because she was elected in a time when same sex marriage was illegal in Kentucky and there was no reason for her to believe at the time that same sex marriage would be legal in Kentucky during her reign as County Clerk,

…the fact that she is an elected County Clerk which was put into office by the people of Rowan County,

…That EVERYONE should have a right to express their religious beliefs and right to “Free Speech”,

…and that the no one should have to succumb to a Federal law which goes against their religious or free speech beliefs, or against their Constitutional rights as Citizens of this Country,

I believe that she should be freed immediately and her name REMOVED from the marriage license application in Rowan County Kentucky in order to preserve her personal rights as a Citizen.

As well this will ascertain the rights of the same sex couples to marry which is according to Federal law, yet also preserves HER right to believe otherwise.

As long as her name remains on the marriage licenses it is possible that those who have married under her name in Rowan County may not have a valid marriage license per the Federal Judge.

We need to protect our Constitutional rights as well as States rights, as well as conforming to Federal law.  This is how I agree that it can be accomplished without doing no harm to anyone involved.

It is interesting to note that the Kentucky Constitution defines Marriage as “one man” and “one woman” only.  

In the not so distant future, if we allow our State Constitutions to be preempted by Federal law, the State’s will loose all rights and become like “Counties” instead of “States”.  Are we going to cave in to the Federal Government and let that happen?

Kentucky is one of only four “Commonwealth States”.  This designation, which has no legal meaning, emphasizes that they have a “government based on the common consent of the people”

Is the Kentucky Commonwealth nothing more than a “nomenclature“?

Kentucky Constitutional Amendment 1[1] of 2004, is an amendment to the Kentucky Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions.

The referendum was approved by 75% of the voters.

The voter’s have spoken.

smkrider

 

Guns…

7976961615_e1457307a6_mWe have the right to bear arms and protect ourselves granted by the 2nd amendment. “License’s” are not going to protect anyone because someone who has bad intentions will always find what they are looking for whether it be guns or drugs or even money (via stealing)….You can’t regulate gun safety like you cannot effectively regulate drugs. What you CAN do is require everyone to be their own first responder i.e., be prepared to fight for yourself if you HAVE to….. The only thing that drug and gun regulations (statutes, laws) WILL DO is create more money for the “prison industrial complex”….. I hear a tax increase coming…..to protect you from people who have guns…. As well, it is going to cost you more to have your gun legally because of the idea of requiring insurance on those weapons is now being considered. I would plead that KY and IN have pretty good gun laws as they stand. However, if changes come the people that will be hurt is once again the poor – who cannot afford INSURANCE or maybe even the license to have one if that was enacted…. Once again the rich win out…. Dearm the poor to protect the rich.

Sheree Krider

Let’s talk about DOJ enforcement of marijuana laws…(on Tribal Lands)

 

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December 12, 2014

 

Sheree Krider

 

In reference to the last post regarding the enforcement of marijuana laws on tribal lands:

Justice Department on Thursday will tell U.S. attorneys to not prevent tribes from growing or selling marijuana on the sovereign lands

Today, via this link, the Department of Justice, as reported by the LA Times has/will produce a “Memorandum” concerning the enforcement of marijuana laws on Tribal Lands which seems to say that they will not bother prosecuting Federal laws on marijuana anymore.

The Justice Department will generally not try to enforce federal marijuana laws on Native American reservations.

“The new guidance, released in a memorandum, will be implemented on a case-by-case basis and tribes must still follow federal guidelines, said Timothy Purdon, the U.S. attorney for North Dakota and the chairman of the Attorney General’s Subcommittee on Native American Issues.”

The policy comes on the heels of the 2013 Justice Department decision to stop most federal marijuana prosecutions in states that have legalized the possession or sale of pot.

I would caution everyone to be very slow to rush in and shout a victory has been won.

The Federal Government has a way of making you think you have won freedoms which in effect you have not as the regulations surrounding that freedom end up making you into a criminal over and over again. Kind of like the CBD bill in Kentucky which it turns out you can buy CBD (with no THC) online all day long and it is legal without a prescription!  So why did we fight for the CBD bill?  So that the Physicians, Pharmas, and other corporate and government entities can make money on the bandwagon to “legalize” on the backs of all of us.

This MEMORANDUM which personally I have not seen published yet, should be studied closely as to what it actually MEANS, not just what it seems to say.

First of all a memorandum from the Department of Justice does not mean they have REPEALED the statutes in existence at the federal level regarding marijuana.  They can and likely will continue to interfere with marijuana production and sales.

This has been proven over and over again in all “legalized” or “medical” states that the Feds can and do still come in to support the “regulating” of the marijuana statutes.

As well, the U.N. has NOT at this point “repealed” any treaty regarding the use of marijuana in any form.  They have “talked about” changing the way that the “drug problem” is handled.  That being said, marijuana is still illegal. See these links:

U.S. states’ pot legalization not in line with international law: U.N. agency

More Police or More Doctors? How to Best Tackle Illicit Drugs: November 6, 2014

So while the Reservations get ready for their “grand openings” at the cannabis casino that they have most likely already planned for, I hope that they realize that once again they may be giving away their sovereign rights via pending “legalization”…

It’s all in the semantics…

Read between the lines first…

smk

Put together 2 + 2 and you know you have been lied to

After much thought the last few days I decided I needed to say something about the “state of affairs” that our Country, and the entire world is enduring as we speak.

It seems that things that I have thought of in the past are coming true to life now.  Not to mention all the movies I have watched which predicted horrendous disasters including war, weather, biological catastrophes etc.,  Were they in fact intended to desensitize the people to the reality  of things to come?

I grew up in Louisville, Ky., and I remember riots and violence when busing was started.  I’ve seen KKK rallies – though never attended one.  I remember watching the news with Walter Cronkite as well when we were in Vietnam.  My father was a WWII Vet.  My Grandmother died in the great “flu pandemic” of 1918 – so I never even met her as I was born much later in my parents life.  I am also a recovering Catholic.  God knows I loved that religion all my life until I was old enough to put 2+2 together and realize I was lied to about most everything.

It has always been said that “history repeats itself”.  I hope that is not true because if it is we are in for another war like has never been seen before. WWII was supposed to be the War to end all War – In reality it was the beginning of what we are seeing today.  I do not like to bring the “Bible” into my writings “per say” however the “Good Book” in all religious forms predicts global war and catastrophe near the end times.  Can we stop it?  Are we too late?  Do we really WANT to stop it?

I tend to be somewhat satiric in some of the article’s I have personally written.  That being said I believed every bit of it or I would not have written it in the first place.  In some cases I wanted it to be entertaining as well but everything I have written had some thought behind it.  Do you really want to see a change in the World?

Moving right along as I could get really long winded here and I know people do not have the time to read everything all the way through anymore – They are either too busy having to be a slave to a Corporation or a Slave to the “Indigent System”… My word of the day is PREPARE, PREPARE, PREPARE for the worst and PRAY for the World to come to it’s senses and lay down ALL of your ARMS.

DO NOT hand them over to anyone, but LAY THEM DOWN IN PEACE!

PEACE and cooperation is what the world needs now…

We have many more important things to deal with at this point than WAR!!! We have an entire planet to rebuild called “Earth”.

Everywhere I have looked since 2001 there has been some kind of either Biological disasters and Meteorological disasters, (who knows whether it is natural global warming or human waste, corporate waste and pollutants),  Human suffering of indigenous proportions.  Not to mention the Military, Prison, Pharmaceutical, Industrial Fascists nightmare that has been here since we were.  And so of course I have to say that 2001 was not the start of the Global disaster we are seeing now.  It started many moons ago.  Sort of like the Good Lord, according to the Bible “he always was and always will be”(?)…Can we change the Earth?

Who started it all?  I could theorize all day long but at the end of the day at this point it does not matter.  It just has to stop.  And stop quick.  Or else the one’s of us who are lucky enough to still be able to watch the horror on TV will be next weeks news.

The laws of nature our not on our side at this point.  Neither is the “law of the land”.

Another big problem is social media.  Media in general is a problem in and of itself but FACEBOOK and all the rest of the “social networks” are causing more harm than good as cyber security carefully documents  almost everything about our lives, minute by minute – second by second.

Gaming programs of most kinds are no more than a way to condition our kids via programming as they sit there and push buttons to kill people – taking away all of the emotional cause and effect of a “killing”.

After posting the story about the “Purge” in Louisville, KY last week and seeing all the hits that this story got I started to think about just how easy it could be to throw any area in the U.S. or even Worldwide into an unprecedented  chaos just by “starting a social networking war” via comments and false statements.

Is this a planned joint venture between the governments to cause utter anarchy everywhere? A reason to bring down the Police State on everyone?

I have disconnected all social networking from my phone.  The fact that I still feel the need to carry one at all bothers me.  But until the electric goes out (and it will) I will continue to carry my cell phone – just in case I need to call or text somebody…

I have put together a few links which emphasize what I have been talking about above just to refresh everyone’s memory a little bit.  I am sure you all know what is happening today, right?

“Never believe anything you read and only half of what you see with your own eyes” was something I was taught as a child which turned out to be the “truth” of all “truths”.

Nothing is as it seems on the surface.  Like George Carlin said, “Teach your children to question everything…”

*Though I did not realize it at the time, there was another catastrophe just a few days before 9/11 which was Rainbow Farm.

Rainbow Farm was a campground run by Tom Crosslin and his life partner Rolland “Rollie” Rohm and home to two controversial festivals, HempAid on Memorial Day and Roach Roast on Labor Day. The owner of Rainbow Farm supported the “medical, spiritual, and responsible recreational uses of Marijuana for a more sane and compassionate America” [1]. Rainbow Farm was the focus of an intensive investigation by Cass County prosecutor Scott Teter. The investigation eventually came to a head in early September 2001 with the burning down of all the structures on the property and the shooting deaths of both Tom Crosslin and Rolland Rohm.

Prior to that was:  *1995 Oklahoma City Bombing

The Oklahoma City bombing was a domestic terrorist bomb attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. The bombing killed 168 people[1] and injured more than 680 others.[2] The blast destroyed or damaged 324 buildings within a 16-block radius, destroyed or burned 86 cars, and shattered glass in 258 nearby buildings,[3][4

*In 2004 came the Tsunami.

The 2004 Indian Ocean earthquake was an undersea megathrust earthquake that occurred at 00:58:53 UTC on Sunday, 26 December 2004, with an epicentre off the west coast of Sumatra, Indonesia. The quake itself is known by the scientific community as the Sumatra–Andaman earthquake.[5][6] The resulting tsunami was given various names, including the 2004 Indian Ocean tsunami, South Asian tsunami, Indonesian tsunami, the Christmas tsunami and the Boxing Day tsunami.[7]

*In 2005 came Hurricane Katrina.

Hurricane Katrina was the deadliest and most destructive Atlantic tropical cyclone of the 2005 Atlantic hurricane season. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States.

*In 2006 came the Java earthquake.

The May 2006 Java earthquake occurred at 05:54 local time on 27 May on the southern coast of the island of Java, around 20 km (12 mi) south-southeast of the Indonesian city of Yogyakarta. The shock occurred at a shallow depth and was located just to the south of Mount Merapi, a stratovolcano (that was mid-eruption at the time) located on the border between Central Java and Yogyakarta. The large M6.3 earthquake caused a disproportionate number of casualties, with more than 5,700 deaths and 37,000 injuries, and very high financial losses (Rp 29.1 Trillion ($3.1B)). With a lack of instruments in the area, the shock was initially attributed with the (strike-slip) Opak Fault that lies to the east of the affected areas, but later InSAR analysis revealed that another previously unknown fracture was responsible for the sequence of shocks.

*In December of 2007 Benazir Bhutto, the 11th Prime Minister of Pakistan was assassinated.

Benazir Bhutto ( بينظير بھٹو ), pronounced [beːnəˈziːr ˈbʱʊʈʈoː]; 21 June 1953 – 27 December 2007) was the 11th Prime Minister of Pakistan, serving two non-consecutive terms in 1988–90 and then 1993–96. A scion of the politically powerful Bhutto family, she was the eldest daughter of Zulfikar Ali Bhutto, a former prime minister himself who founded the centre-left, social-democratic Pakistan Peoples Party (PPP).

*In 2008 – 2009 was the Great Recession.

The Great Recession[1][2][3][4] (also referred to as the Second Great Depression,[5] Lesser Depression,[6] the Long Recession,[7] or the global recession of 2009[8][9]) was a global economic decline in the late 2000s decade. The effects of this economic downturn are having a continued influence into 2014.

*2010 brought the “Arab Spring”.

The Arab Spring (Arabic: الربيع العربي‎, ar-rabīˁ al-ˁarabī) is a revolutionary wave of demonstrations and protests (both non-violent and violent), riots, and civil wars in the Arab world that began on 18 December 2010 and spread throughout the countries of the Arab League and surroundings. While the wave of initial revolutions and protests had expired by mid-2012, some refer to the ongoing large-scale conflicts in Middle East and North Africa as a continuation of the Arab Spring, while others refer to the second wave of revolutions and civil wars post 2012 as the Arab Winter.

*2011 Tohoku earthquake,

The 2011 earthquake off the Pacific coast of Tōhoku (東北地方太平洋沖地震 Tōhoku-chihō Taiheiyō Oki Jishin?) was a magnitude 9.0 (Mw) undersea megathrust earthquake off the coast of Japan that occurred at 14:46 JST (05:46 UTC) on Friday 11 March 2011,[2][3][8] with the epicentre approximately 70 kilometres (43 mi) east of the Oshika Peninsula of Tōhoku and the hypocenter at an underwater depth of approximately 30 km (19 mi).[2][9] The earthquake is also often referred to in Japan as the Great East Japan Earthquake (東日本大震災 Higashi nihon daishinsai?)[10][11][12][fn 1] and also known as the 2011 Tohoku earthquake,[13] and the 3.11 Earthquake. It was the most powerful earthquake ever recorded to have hit Japan, and the fifth most powerful earthquake in the world since modern record-keeping began in 1900.[8][14][15] The earthquake triggered powerful tsunami waves that reached heights of up to 40.5 metres (133 ft) in Miyako in Tōhoku’s Iwate Prefecture,[16][17] and which, in the Sendai area, travelled up to 10 km (6 mi) inland.[18] The earthquake moved Honshu (the main island of Japan) 2.4 m (8 ft) east and shifted the Earth on its axis by estimates of between 10 cm (4 in) and 25 cm (10 in),[19][20][21] and generated sound waves detected by the low orbiting GOCE satellite.[22]

*2012 In the worst power outage in world history, the 2012 India blackouts leave 620 million people without power.

Two severe power blackouts affected most of northern and eastern India on July 30 and 31, 2012. The 30 July 2012 India blackout affected over 300 million people and was the then-largest power outage in history, counting number of people affected, beating the January 2001 India blackout. The 31 July 2012 India blackout was the largest power outage in history. The outage affected over 620 million people, about 9% of the world population,[1][2][3] or half of India’s population, spread across 22 states[4] in Northern, Eastern, and Northeast India.

*In 2013, Benedict XVI resigns as pope, becoming the first to do so since Gregory XII in 1415, and the first to do so voluntarily since Celestine V in 1294. Cardinal Jorge Mario Bergoglio of Argentina is elected the 266th pope, whereupon he takes the name Francis and becomes the first Jesuit pope, the first pope from the Americas, and the first pope from the Southern Hemisphere.

This is 2014.

Just sit down, shut up and think for a minute! 

The World is in chaos as we speak. 

I was going to add additional links here to the ongoing “news” around the World, but I really do not think it is necessary.  Everyone that reads this has the same ability that I do to Google the news so I will end my rant here.

smk

THE ELKHORN MANIFESTO http://kentuckymarijuanaparty.com/the-elkhorn-manifesto/

http://kentuckymarijuanaparty.com/2012/03/09/the-1918-flu-pandemic-was-in-fact-an-act-of-war-upon-the-u-s-by-the-germans-2/

http://kentuckymarijuanaparty.com/2012/05/02/first-of-controversial-bird-flu-papers-published/

*http://en.wikipedia.org/wiki/911_attacks

https://www.youtube.com/watch?v=Uo-QIY7ys-k

*http://en.wikipedia.org/wiki/Rainbow_Farm

*http://en.wikipedia.org/wiki/May_2006_Java_earthquake

*http://en.wikipedia.org/wiki/Benazir_Bhutto

*http://en.wikipedia.org/wiki/January_2008_stock_market_volatility#January_2008_stock_market_volatility

*http://en.wikipedia.org/wiki/Arab_Spring

*http://en.wikipedia.org/wiki/2011_T%C5%8Dhoku_earthquake_and_tsunami

*http://en.wikipedia.org/wiki/2012_India_blackouts

*http://en.wikipedia.org/wiki/Pope_Benedict_XVI

ISIS militants behead abducted American journalist James Wright Foley in

And that’s the way it was August 16, 2014…

7976961615_e1457307a6_mHere is something that tells you about the nature of people and their curiosity about “sensationalized news”...

If it is VIOLENCE or something equally as sensational they will flock to it…If it is an “INFORMATIVE and IMPORTANT information” they tend not to care. There was over 1100 people who “saw” the post I put out about the “Purge” in Louisville KY this past weekend…I only posted it to be a “PSA” of sorts…so people would be aware of the situation. It turned out to be the best day of “hits” Ive ever had on the blog..Previously it was 200+ in one day on an article about “roadkill being processed in a restaurant”.… What is the point in continuing to try to bring REAL INFORMATION to the people when all they really want is entertainment??

smk

Why we must repeal prohibition

Category: USMJParty Published on Wednesday, 04 September 2013 13:06 Written by Sheree Krider Hits: 5561

Because of the danger that Hitler might be the first to have the bomb, I signed a letter to the President which had been drafted by Szilard. Had I known that the fear was not justified, I would not have participated in opening this Pandora’s box, nor would Szilard. For my distrust of governments was not limited to Germany” (Albert Einstein: Historical and Cultural Perspectives)

Why “Repeal Prohibition”?  History tends to repeat itself.  Therefore if we do not learn of our past then we are not prepared to go forward into the future.

Prohibition has been an issue since Government’s have existed.

There is a big conflict in the Cannabis movement at this point between “Legalize, Tax, Regulate”, etc., as opposed to REPEAL of the Prohibition which made it “illegal” to begin with.

The following links give some background information on the issue of Repeal.

ALCOHOL

Prohibition in the United States was a national ban on the sale, production, and transportation of alcohol, in place from 1919 to 1933.[1] The dry movement was led by rural Protestants in both political parties and was coordinated by the Anti-Saloon League. The ban was mandated by the Eighteenth Amendment to the Constitution, and the Volstead Act set down the rules for enforcing the ban and defined the types of alcoholic beverages that were prohibited. Private ownership and consumption of alcohol was not made illegal under federal law, but in many areas local laws were stricter and some states banned possession outright. Prohibition ended with the ratification of the Twenty-first Amendment, which repealed the Eighteenth Amendment, on December 5, 1933.

Pauline Sabin (1887–1955) was a New Yorker who founded the Women’s Organization for National Prohibition Reform (WONPR) in 1929. Time recognized her work promoting the repeal of prohibition by featuring her on its cover on July 18, 1932.

Repealing…

The Cullen-Harrison Act, signed by President Franklin D. Roosevelt on March 22, 1933, authorized the sale of 3.2% beer (thought to be too low an alcohol concentration to be intoxicating) and wine, with the first legal beer sales since the beginning of Prohibition on January 16, 1920.[16] In 1933, the state conventions ratified the Twenty-first Amendment, which repealed the 18th Amendment. The amendment was fully ratified on December 5, 1933. Federal laws enforcing Prohibition were then repealed.[17]

CANNABIS

The Harrison Narcotics Tax Act (Ch. 1, 38 Stat. 785) was a United States federal law that regulated and taxed the production, importation, and distribution of opiates. The act was proposed by Representative Francis Burton Harrison of New York and was approved on December 14, 1914.[1]

“An Act To provide for the registration of, with collectors of internal revenue, and to impose a special tax on all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes.” The courts interpreted this to mean that physicians could prescribe narcotics to patients in the course of normal treatment, but not for the treatment of addiction.

Although technically illegal for purposes of distribution and use, the distribution, sale and use of cocaine was still legal for registered companies and individuals.

AMA OPPOSITION

The American Medical Association (AMA) opposed the act because the tax was imposed on physicians prescribing cannabis, retail pharmacists selling cannabis, and medical cannabis cultivation/manufacturing; instead of enacting the marijuana Tax Act, the AMA proposed cannabis be added to the Harrison Narcotics Tax Act.[8] The bill was passed over the last-minute objections of the American Medical Association. Dr. William Woodward, legislative counsel for the A.M.A. objected to the bill on the grounds that the bill had been prepared in secret without giving proper time to prepare their opposition to the bill.[9]

THE MARIHUANA TAX ACT OF 1937 Full Text of the Marihuana Tax Act as passed in 1937

Introduction (in italics) by David Solomon

The popular and therapeutic uses of hemp preparations are not categorically prohibited by the provisions of the Marihuana Tax Act of 1937. The apparent purpose of the Act is to levy a token tax of approximately one dollar on all buyers, sellers, importers, growers, physicians, veterinarians, and any other persons who deal in marijuana commercially, prescribe it professionally, or possess it.

In the early 1970s, U.S. President Richard Nixon officially declared “war on drugs” in response to the massive drug abuse in the U.S. and the social damage it was causing. This announcement had global repercussions.[1][79]

In 1971, as part of the Nixon administration’s international anti-narcotics campaign, U.S. officials suggested creating a government-funded, UN-administered fund to combat drug abuse.[2][80] The United Nations Fund for Drug Abuse Control (UNFDAC) was launched in 1971 with an initial $2 million donation from the U.S. Other governments were reluctant to contribute because of the motives behind the Fund. This reluctance was well founded as UNFDAC essentially became a U.S. tool. The emphasis was on law enforcement and crop substitution rather than abuse and demand-oriented strategies. Money went primarily to projects that involved U.S. allies and focused on countries where the U.S. had been unable to stop opium production.[3][81]

NOW, considering all the information above I am inputting an article that Rev. Mary Thomas-Spears wrote a few days ago explaining the situation…

So you think you want Marijuana Legal ? Casper Leitch FREE 01:45-min of MUSIC to celebrate Eric Holder announcing the end of the war on marijuana – PLEASE SHARE – http://music.time-4-hemp.com/2013/08/29/time-4-music-2-celebrate-with.aspx Feds Say States Can Regulate Marijuana – National Pain Report ~ 
americannewsreport.com Obama Administration Makes Big Announcement On Marijuana Legalization ~ http://www.huffingtonpost.com/2013/08/29/eric-holder-marijuana-washington-colorado-doj_n_3837034.html     And for some strange reason some people think this all means the Feds have ended Prohibition or the War on Marijuana? Think it may have something to do with statements and articles like these being released? ~ “U.S. allows states to legalize recreational marijuana within limits” ~   http://news.yahoo.com/u-not-sue-colorado-washington-over-recreational-pot-173124195.html

Need I once again remind you of the facts?

Fact is. The Feds made an announcement very similar to this one when California passed Medical Legislation nearly 20 yrs ago and they have been raiding medical states every since as sanctioned and mandated prohibition only continues with legal lies = Legalize = more regulation, more taxation, more prohibition, more arrest,… Which I have already pointed out and most are very comfortable with standing in lines to wait for it as they continue to beg for it.

I could point out, that alcohol is legal here in Kentucky and the result of it’s being made legal is it is prohibited in over 70 counties here in Kentucky today.  As guns are legal and prohibited. Fireworks are legal and prohibited. As I have said many times, Hell prescription drugs are legal and still prohibited. Arrests on illegal possession of all these  controlled items still continue because as I have said, Legalize = legal lies is sanctioned and mandated prohibition. So is the war on Marijuana or it’s culture, people, community, nation over???

Hardly!!!

Though it will shift many arrest from state to federal level. As the people are begging to be enslaved by legalize = legal lies. After all these years they are still totally ignorant of what they are asking for or who they are dealing with or how they operate.

Do you really think you can cut deals with devils?

Oh, at this point I could go into my spew about GMO Cannabis and Monsanto.  Yet so far all I have pointed out seems to be totally cool with the majority of you. So why waste my time and energy? Which is what I am asking myself with each letter I type at this point.

I could try to remind you this is a holy herb. Yet, my site that info was on has been taken off-line because I have run out of money to pay for it all and I don’t wish to waste the energy again at this point on something that very few seemed to care about for the right reasons.

So I thought I’d try the same approach I know a friend of mine already used and no one listened to him so I am not sure why I think it might work for me? Yet, I know a few will get it. As I did.

My friend Federal Patient George Mc Mahon explained this many times.  Be Careful What You Wish For You Might Just Get It! Like he did.

That’s right! He wanted Medical Marijuana and He got it!

The Result is, He is now “Prohibited” from using the marijuana or cannabis he would choose to use and can only consume that which he is prescribed by the government with it’s 2% THC level.

Wait? Isn’t this the same complaint from patients receiving Canada’s Government grown Medicine??? That it is of No Count.

To quote another Federal Patient Irv Rosenfeld, “The majority who think they want this will gain nothing.”   ~ http://today.time4hemp.com/2013/08/29/time-4-my-medication.aspx

Because the majority just want to get HIGH!

If you are even prescribed use of the plant at all. We have patches, sprays and suppositories… and George and Irv are both proof you don’t need anymore than 2% THC to live.

Better not use one too many they are testing levels in patients on medicines they receive now. Patients and Doctors are being brought up on charges for overuse or abuse. Is prescription cannabis next on this list???

Yet, many are totally cool with all this too.

I could point out as I have many times that smoking cigarettes are legal and becoming more highly regulated and discriminated against in the workplace and public even our cars and homes everyday.  They are talking about taking children away for parents smoking cigarettes.  Yet, somehow you think Legalization will protect you against this. It won’t!!!

Nor will it protect you against piss test, eviction, more unemployment, loosing your gun rights,…

You think it will give you the right to grow. Yet, again, I have already pointed out that Canadians thought this too and that if you look at the new Canadian Law it explains to you that they are working with D.E.A. in the North American Union to keep Marijuana a Controlled Substance and that they will not police Individual Grows therefore there will be none. That only government approved commercial grows will be handling the operations of growing and producing.

So eventually it will be completely handed to those of the likes of GW Pharma and Monsanto.  Yet, you already knew this though with the GMO’s.

I find very interesting that the Government also chooses now to tell veterans that they have the right to use in states where it is legal. When this has been approved at the federal level for several years now. I’d link proof of this but it too was on my other site. I am sure you can google it.

There is currently a rush on to legalize. Why Now???

Because they have been leading the masses by their noses for years with legal lies and they are loosing control of their goal due to the fact the Repeal Prohibition Movement has grown so rapidly in the last year and our economy is on the verge of collapse so they  are rushing to regain control of the situation and the masses.

Not to mention, you would have to read the Patriot Act to be fully aware of this situation. In it declares the possession of one joint a Terrorist Act.  I do have this PDF file in my other pc.

So where is the Federal Legislation that says they have ended Prohibition or that States have the right to do anything? Because their statements mean as much to me as they do to them.  Which is obviously very little by looking at the number of Federal Raids and Arrest since the last one like this.

Once again I am reminded of at time when Fat Freddy had me on the phone three way with George (yes Mc Mahon) and he was explaining to George why I needed to issue an apology to all our/my colleagues and those in the Marijuana/Cannabis/Hemp Movement for calling it all Legal lies and George laughed at Freddy and said, “I am sorry Freddy but if anything the ENTIRE movement owes her an Apology and I am in full agreement with Reverend Mary.” Then George went on to say, “Look Freddy let me explain it to you like this. Say we are all cows. I am a cow and I got me a patch of grass already because I beat the Feds. You are a cow who has his patch of grass already because you have won your rights in court like Mary who is sitting over there with her patch of grass. Now as we look around there aren’t many who have a patch of grass, while the majority are walking around in circles in their pen, trampling the dirt. As they look up here at us and scream come down here in the pen with us and we will show you they way to Legalize.” Then he laughed real big and said, “Not me, I already got mine. and because she is right and is taking on Monsanto and they are bigger than the Feds. I am digging a hole to crawl in. Because unfortunately I did get mine from them.” 

I haven’t seen George on-line since that was nearly 6 yrs ago I believe. I do so miss him. I also understand where he is coming from and why he went underground.

Thinking about doing it myself at this point because of the ego’s and greed abounds and as my old friend George pointed out. I already got mine. So why should I care if you wonder around in the dirt?

Repeal Now! Please……. Before you forfeit your rights too!

There are some things that are more important than money or ego.

End – Rev. Mary

Now with all this information in mind we need to be rethinking very quickly how to solve this problem.  Bad laws are MADE TO BE REPEALED!  Let’s get with it!  This plant should be free to ALL people, not just the ones that the Government wants to use for Guinea Pigs.

I would be willing to be that if all the “legalization” movements sat down and quit today that government branded corporate medical marijuana would be available to people faster than you could blink.  Under their regulations, taxes, and legalities of course.

This is a Link to an comment that I made on omninerd back in 2007…on REPEAL.

This last article link should show the beast of legalization quite plainly…

Illinois: Widow Who Pushed For Medical Marijuana Not Allowed To Use It Under New Law Think about this…just think. Smk

The Nullification Door can Swing Both Ways

By Bruce Johnson  June 24, 2013

Patrick Henry, John Calhoun, and George Mason would be delighted that States are showing some backbone after 220 years of Federal power encroachment. States are again beginning to question Federal authority by, in effect, nullifying some Federal mandates. But the “nullification door” is swinging both ways. Is it not nullification of law by the Federal Government itself when they who hold the federal reins refuse to enforce the laws currently on the books? And when no enforcement of the law is at the whim of an administration, what recourse exists for the citizenry? For the States?

Both ends of the political spectrum have engaged in nullification, the rejection of Federal law. As noted in this piece by David Leib, the current focal points of dissonance between State and Federal revolve around a strange mix of topics; healthcare, guns, illegal immigration, citizen identification, and marijuana. We can clearly identify both ends of the sociopolitical spectrum and note they have become strange bedfellows in disobeying the federal government. Coloradans thumb their nose at federal marijuana laws while Montanans do the same with federal gun laws.

Mr. Leib in his article ” Federal Nullification Efforts Mounting in States”, lists a few of today’ de facto nullifications:

“About 20 states now have medical marijuana laws allowing people to use pot to treat chronic pain and other ailments — despite a federal law that still criminalizes marijuana distribution and possession. Ceding ground to the states, President Barack Obama’s administration has made it known to federal prosecutors that it wasn’t worth their time to target those people…

Federal authorities have repeatedly delayed implementation of the 2005 Real ID Act… about half the state legislatures have opposed its implementation, according to the National Conference of State Legislatures.

About 20 states have enacted measures challenging Obama’s 2010 health care laws…

After Montana passed a 2009 law declaring that federal firearms regulations don’t apply to guns made and kept in that state, eight other states have enacted similar laws…”

But the nullification door swings both ways. As States issue an affront to select federal law, the federal authorities elected and appointed seem also to have some issues themselves with federal law. Even though they have pledged via their oaths of office to enforce these laws, when it serves their political purposes we often get nonenforcement. Despite vowing diligence there is a steady record that is in effect “legislation via non action” by federal agencies and apparently done so at the direction of the Executive and Judicial branches.

In some instances the federal authorities reject any local, police, or State assistance in enforcing federal law as in the Arizona illegal immigration situation. In many marijuana cases, the federal government seems uninterested that State law conflicts with the law on the federal books. Illinois and Chicago in particular drag out a federal mandate to comply with the Second Amendment. Yet most assuredly those same federal authorities will expect local enforcement of new gun laws in Montana.

When polling place violations go unprosecuted, when sanctuary cities invite illegal immigrants and guarantee no pursuit, when immigration agents are told to ease up, and when the War Powers Act that requires the president to consult with Congress but the president only delivers mere notification… are these not de facto nullifications of law?

When States detect that they are being harmed by new federal law, it is more justifiable for them to act than those oath obligated federal office holders channeling their political wishes by choosing which laws to enforce and which to ignore.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”

As Madison noted in his Federalist Paper #45,

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”.

Article I, sect 8 of the Constitution clearly delineates that which the Federal Government “can” do, and section 10 of the same Article clearly states what the States “can’t” do. State governments preceded the “federal experiment” and it was from these 13 States the powers so delegated to the “federal experiment” originated. But now add in the Supremacy Clause noting State law can not be in conflict with Federal Law, and if such occurrence arise, Federal law will be “supreme’. More complications arise when the powers of Article I, sect 8 are deemed unbound by how activists interpret the “necessary and proper” clause. All of this sets before us a cauldron of countervailing double- entendre laden documents that often seem internal contradictory. Is it a ‘mish mash’ or a brilliant work of governance?

The Federal Papers lend guidance to the Constitution. These papers fill in the gaps and clarify instances in which the English language within the Constitution sometimes falls short. In Federalist #32 and #33, Hamilton, a devout federalist, points to a certain sovereignty status retained by the States.

32nd:

As the plan of the convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, exclusively delegated to the United States.

Today’s resurgence of nullification of federal law by the States is perhaps the greatest since 1861. John C. Calhoun led a nullification movement in South Carolina in 1832 regarding the collection of federal tariffs on imports. Prior to that, there were the instances of opposition to a National Bank, New England’s opposition to the War of 1812 voiced in the Hartford Convention and also New England’s opposition to the Mexican War and their sending of troops to that effort. Thomas Jefferson himself led nullification efforts in 1798 with the Kentucky Resolution in which “the states had the right and the duty to declare unconstitutional any acts of Congress that were not authorized by the Constitution”. Madison followed with the Virginia Resolution in the same spirit.

“If prudently limited and wisely directed, almost any government can be a blessing; yet unless firmly constrained, any government of whatever form will tend to augment its powers in excess, going beyond even the plainest legal limits on its just authority, and will sooner or later become dangerous.” Thomas Jefferson (A Constitutional History of Secession, Graham)

Nullification has three stages. (as noted by Graham pp. 108, 109)

Interposition: This involves the identification of the grievances by the offended party (State), adopted by the legislator of that State, and noting the unconstitutional nature of the proposed act by the Federal Government or by other States as being injurious to the offended State. A demand for “appropriate redress” is included.

State Declaration of Nullification: The State will call for assemblies and authorities within the State to then empower such bodies to then craft an ordinance of nullification.

Ordinance of Secession: If the ordinance of nullification should fail to restore proper balance between the Federal Government and the State, by act of sovereign power and ordinance of secession will be adopted.

Secession is unlikely today, but the concept was unresolved in 1861. State sovereignty was a more justifiable position. Virginia, Rhode Island, and New York all ratified the Constitution with the proviso that if they became harmed by the “federal experiment”, they retained the powers to withdraw. To extrapolate, and because these ratifications were unconditionally accepted at the convention in which all States were equal partners, these rights to ‘withdraw’ radiated to all the States ratifying at that time.

State resistance to harmful federal legislation is an important component to our federal system. Nullification must be promoted cautiously but once committed, States must hold firm even if it draws an extortion such as the withholding of Federal highway funds. Turnabout is fair play, and as an administration selectively ignores passed law, States gain traction in challenging new Federal law. Principle must trump financial consideration and the promise that is our form of government must not be whittled away.

Read more: http://www.americanthinker.com/2013/06/the_nullification_door_can_swing_both_ways.html#ixzz2XB1xZEFz

Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook

Right now, five adults await death in prison for non-violent, marijuana-related crimes. Their names are John Knock, Paul Free, Larry Duke, William Dekle, and Charles “Fred” Cundiff.

Marijuana Crimes: Five Senior Citizens Serving Life Without Parole For Pot

AlterNet  |  By Kristen Gwynne Posted: 12/26/2012 11:16 am EST

Should five non-violent offenders die behind bars for a crime Americans increasingly believe should not even be a crime?

December 23, 2012  |  

Photo Credit: Farsh/ Shutterstock.com

Right now, five adults await death in prison for non-violent, marijuana-related crimes. Their names are John Knock, Paul Free, Larry Duke, William Dekle, and Charles “Fred” Cundiff. They are all more than 60 years old; they have all spent at least 15 years locked up for selling pot; and they are all what one might call model prisoners, serving life without parole. As time wrinkles their skin and weakens their bodies, Michael Kennedy of the Trans High Corporation has filed a legal petition with the federal government seeking their clemency. Otherwise they will die behind bars for selling a drug 40% of American adults have admitted to using, 50% of Americans want legal, and two states have already legalized for adult use. Since these men were convicted of these crimes many years ago, public opinion and policy related to marijuana have shifted greatly. Should these five non-violent senior-citizen offenders die behind bars for a crime Americans increasingly believe should not even be a crime?

1. John Knock, 65, has been incarcerated for more than 16 years. The only evidence against him was the testimony of informants; Knock was convicted of conspiracy to import and distribute marijuana. The judge sentenced him to 20 years for money laundering plus not one, but two terms of life-without-parole — a  punishment typically reserved for murderers. Despite the uniquely unjust sentence, the 11th Circuit Court of Appeals and the U.S. Supreme Court denied his pleas for reconsideration via appeal or court order.
Waiting for death in jail, Knock suffers from chronic sinus problems linked to an untreated broken nose. Due to circulatory problems, one of his ankles swells to twice its size. Knock also suffers from what the legal petition called “untreated” hearing and vision problems. Easing some of his pain are visits from his family and his participation in prison programs. He has taught home building and physical education inside the prison that has become his home. According to the legal petition, he is assured employment and a home should his sentence be commuted.

2. Before he was incarcerated, Paul Free obtained a BA in marine biology and was starting a school while teaching English in Mexico. Now 62, he has continued his passion for education behind bars, where he has lived for the past 18 years. Free helps inmates prepare for the General Equivalency Diploma tests, and according to the petition, prison officials have applauded Paul’s hard work and his students’ high graduation rate. Paul suffers from degenerative joint disease, failing eyesight, sinus problems, and allergies, and he has had 11 skin cancers removed.

3. Once a union carpenter, Larry Duke, a 65-year-old decorated Marine, has spent the last 23 years of his life behind bars for weed. On top of the difficulties life in prison lays on the psyche, Duke suffers from post-traumatic stress disorder stemming from multiple tours in the Vietnam war. Like Knock, Duke received two life sentences without parole for a non-violent marijuana conspiracy, and was unsuccessful at appeal. According to the legal petition, Duke is the longest-serving nonviolent marijuana prisoner in the nation.  
Despite his incarceration in a country that has failed him, Duke works from behind bars to design patentable concepts that would assist the general public. While locked up, he has already managed to obtain a federal patent for a water-delivery system he plans to market to the U.S. Department of Defense. According to the legal petition, Duke enjoys the support of his wife and a growing family including two children, two grandsons, three siblings and many nieces and nephews. “They all want him to come home and be part of their lives and dreams,” the petition said.

4. William Dekle, 63, is also a former U.S. Marine serving two life sentences without parole, 22 of which he has already completed in a Kentucky penitentiary. Despite the depressing possibility that he will die behind bars, Dekle has participated in more than 30 prison courses, including counseling other inmates. Before his conviction, Dekle was a pilot certified in commercial and instrument flying, as well as multiengine aircraft. Now he suffers from a chronic knee injury. He is supported by his wife, two daughters, and grandchildren, who call him “Papa Billy.” Dekle’s relatives would ensure a stable home environment should he be granted clemency, the legal petition said.

5. Charles “Fred” Cundiff is a 66-year-old inmate who has served more than 20 years of his life sentence for marijuana. Before the marijuana arrest that changed his life forever, he worked in construction, retail and at a plant nursery. In prison, he worked for Unicor (Federal Prison Industries) for 12 years before his declining health interfered with his ability to work. Battling skin cancer, eye infections, and severe arthritis in his spine, Cundiff uses a walker. While the legal petition makes no mention of family, it says he is regularly visited by “friends from his youth.”
While these men have all spent many years behind bars for crimes they were convicted of many years ago, the same draconian punishments are handed down to marijuana criminals — young and old — to this day. Conspiracy charges, combined with mandatory minimums for marijuana sale and firearms charges, can quickly add up to decades behind bars. Should anyone in the entire criminal operation have a gun (legal or not), everyone involved can be charged with firearm possession during a drug offense, a five-year mandatory minimum that can reach 20 if the person is charged with continuing criminal enterprise — a long-term, large-scale operation. In the end, these sentences are often not applied, but used to encourage guilty pleas in exchange for a lesser sentence.

Marijuana prisoner Chris Williams is an example of one such case. He was recently facing a mandatory minimum of 85 to 92 years behind bars for providing medical marijuana in Montana, where it is legal. Citing a moral opposition to plea bargains forced by the threat of a lifetime in jail, WIlliams rejected a deal that would have drastically reduced his sentence by cutting away mandatory minimums. Then, this Tuesday, federal prosecutors agreed to drop six of eight of Williams’ charges, provided he waive his constitutional right to appeal. Now Williams faces a mandatory minimum of five years for the firearm-related charge, and another five for distribution.

“With the rest of my life literally hanging in the balance, I simply could not withstand the pressure any longer,” Williams said in a statement. “If Judge Christensen shows mercy and limits my sentence to the five-year mandatory minimum, I could be present at my 16-year-old son’s college graduation. This would most likely be impossible had I rejected the latest compromise.”

Kristen Gwynne covers drugs at AlterNet. She graduated from New York University with a degree in journalism and psychology.

CONTINUE READING….

Absolute Asinine Laws

Life in Prison for Hemp

José Peña brought some roadside weeds home from Kansas. Cops decided it was reefer, and a Texas court sentenced him to life in prison – without the evidence. It took a decade for Peña to get back some of the pieces of his life.

By Jordan Smith, Fri., March 16, 2012

Life in Prison for Hemp

José Peña was tired as he drove south toward Houston on the morning of Sept. 27, 1998. Following a quick trip north to Kansas in a rented van – to pick up the brother of a distant cousin’s son – he was on his way home to Houston, where he lived with his wife and four children. It was the kind of favor Peña often did for friends and family, no matter how distant the relation – and the kind of favor that irritated his wife. “I was tired, and I was trying to get home,” the 50-year-old recently recalled. “My wife was mad at me for doing favors for other people” when he could instead be home.

That morning, just before 8am, Peña was cruising south down I-45, a little more than two hours from home. He was driving in the right-hand lane through Leon County when he passed a state trooper sitting in his car on the grass median. He thought nothing of it – just another Texas trooper on a long and nondescript stretch of highway – until he noticed the trooper pull out onto the road and follow him. The officer, Mike Asby, a veteran member of the Texas Department of Public Safety, drove in the left lane until his car was parallel with Peña’s. Peña looked over at Asby. “He pulled up next to me, and I looked at him because I wasn’t not going to make eye contact” with an officer whom Peña thought was definitely checking him out for whatever reason.

Although Peña steadfastly maintains that he wasn’t doing anything wrong or unusual, Asby would later testify that Peña caught his attention because he was driving more slowly than the rest of traffic in a van caked with mud; when the van “weaved across the center stripe and also across the solid yellow line on the shoulder,” Asby testified in January 2003, he had to take action. “You’re required to stay in a single lane of traffic,” he said. He activated his lights and pulled Peña over.

Within the hour, Peña would be in handcuffs in the back of the trooper’s car, headed to the county jail in Centerville on a charge of marijuana possession. Nearly five years later, Peña would be convicted and sentenced to life in prison for possession of what the state said turned out to be 23.46 pounds of freshly cut marijuana that Peña was transporting in the back of the muddy blue van. Although Asby testified that this was not a normal highway drug bust – “normally,” he testified, marijuana moves north from Houston, already “dried out, cured, and ready to be sold” – he was certain that what he found casually laid out in the back of the van was pot because it smelled like pot – and he knows pot when he smells it. “It’s something that you learned in [28] years of experience being on the road?” prosecutor Whitney Smith (now Leon Coun­ty’s elected D.A.) asked Asby.

“Yes, sir,” Asby replied.

Just Trust Us

There are at least two problems with the official story of Peña’s arrest and prosecution. First, Peña is adamant – and has been since 1998 – that what he was transporting was not marijuana, but actually hemp, pot’s non-narcotic cousin. Peña says he found the plants growing wild in Kansas and cut them down, thinking that he could use the stems and leaves in the various craft projects he made with leather and wood in his garage workshop; there was no doubt in Peña’s mind that what he was transporting was not marijuana. The second, and eventually more decisive problem with the official story of the Peña bust, is that prior to his trial, officials with the Department of Public Safety lab in Waco, where the plants were taken for testing, completely destroyed all of the case evidence – all 23.46 pounds of plant material – and then also lost the case file with all of the original documentation of the lab’s work on the case. By the time Peña was finally tried – more than four years later – there was absolutely no evidence to show the jury; instead, the state relied completely on the “experience” of Asby and of Waco lab supervisor Charles Mott (now retired) to persuade jurors that what they say they saw and tested was actually marijuana.

It worked.

That is, it worked until late last year, when Peña’s conviction was finally overturned by the Court of Criminal Appeals, the state’s highest criminal court, and Leon County subsequently dismissed the charges for good. In the intervening decade, however, Peña’s case became a political hot potato, catching the attention of judges and lawyers across the state who watched as the 10th Court of Appeals, based in Waco, played tug-of-war with the Austin-based CCA over the power of the Texas Constitution, and whether it affords citizens greater rights and protection against state power than does the U.S. Constitution.

It’s a conflict that has left the state of Texas divided and may mean – at least for the time being – that persons tried for crimes in one part of the state will be afforded greater protection from prosecutorial errors or malfeasance than are others. Frankly, says Keith Hampton, an Austin defense attorney who represented Peña just before his case was dismissed, you just “don’t see this happen very often.” Ulti­mate­ly, whether the protections gleaned from the Texas Constitution by the 10th Court will remain in force and be applied to all Texans is still to be determined.

Weeds, Not Weed

Peña had a knack for creating handcrafted leather and wood items that sold like hotcakes, he says, at flea markets in and around Houston. He made personalized shellacked plaques and leather key chains with popular first names spelled out in tiny beads, and at a dollar a key chain, they sold well. So when he first saw the hemp plants growing on the roadside near Manhattan, Kan., they gave him an idea. He would take the plants – which, to an untrained eye, look exactly like marijuana plants – press the leaves, and then use them on plaques or affixed to the small leather wallets that he also had become expert at making. He recognized these as “volunteer” hemp plants – they grow wild across the country, reminders of the days when hemp farming was commonplace and even, during World War II, encouraged by the feds as supporting the war effort. By the Kansas roadside, they were scraggly and abundant. When he pulled into the Tuttle Creek State Park outside Manhattan, and saw the plants growing everywhere, he “loaded … up.”

Indeed, Peña thought nothing of the fresh-cut plants that he’d laid out in the back of the blue van he was driving. He knew – partly from experience of having smoked pot when he was younger, and partly because he knew that hemp was once a major agricultural commodity – that the plants were nothing more than weeds that looked like weed.

However, that’s not how Asby saw it. To him, it was clear that one thing, and only one thing, was taking place. Peña was moving a large amount of marijuana to Houston – as unusual as that might be, Asby acknowledged.

Peña repeatedly told Asby that the plants were hemp, and his insistence clearly gave some pause to Asby and the two backup officers who soon joined him. The three men stood next to the van pondering the notion that a plant could look like, but not actually be, marijuana. “I … questioned them, I said, ‘Well, he says it’s not marijuana,'” Asby recalled in court. “I knew that there was a substance called hemp and I was asking them. … And I asked them, ‘You ever heard of something like marijuana, just hemp, that is legal to have?'” he continued. “I don’t know that there is a legal kind. That was the question I was asking the officers: ‘Have you ever heard of this … where marijuana was cut and it turns out to be legal?'”

In the end, Asby was unpersuaded. “I just know marijuana smells like marijuana,” he testified in 2003. “And I have never found anything that I thought was marijuana that wasn’t.” He cuffed Peña and hauled him off to jail.

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Absolute Asinine Laws

 

Life in Prison for Hemp

José Peña brought some roadside weeds home from Kansas. Cops decided it was reefer, and a Texas court sentenced him to life in prison – without the evidence. It took a decade for Peña to get back some of the pieces of his life.

By Jordan Smith, Fri., March 16, 2012

Life in Prison for Hemp

José Peña was tired as he drove south toward Houston on the morning of Sept. 27, 1998. Following a quick trip north to Kansas in a rented van – to pick up the brother of a distant cousin’s son – he was on his way home to Houston, where he lived with his wife and four children. It was the kind of favor Peña often did for friends and family, no matter how distant the relation – and the kind of favor that irritated his wife. “I was tired, and I was trying to get home,” the 50-year-old recently recalled. “My wife was mad at me for doing favors for other people” when he could instead be home.

That morning, just before 8am, Peña was cruising south down I-45, a little more than two hours from home. He was driving in the right-hand lane through Leon County when he passed a state trooper sitting in his car on the grass median. He thought nothing of it – just another Texas trooper on a long and nondescript stretch of highway – until he noticed the trooper pull out onto the road and follow him. The officer, Mike Asby, a veteran member of the Texas Department of Public Safety, drove in the left lane until his car was parallel with Peña’s. Peña looked over at Asby. “He pulled up next to me, and I looked at him because I wasn’t not going to make eye contact” with an officer whom Peña thought was definitely checking him out for whatever reason.

Although Peña steadfastly maintains that he wasn’t doing anything wrong or unusual, Asby would later testify that Peña caught his attention because he was driving more slowly than the rest of traffic in a van caked with mud; when the van “weaved across the center stripe and also across the solid yellow line on the shoulder,” Asby testified in January 2003, he had to take action. “You’re required to stay in a single lane of traffic,” he said. He activated his lights and pulled Peña over.

Within the hour, Peña would be in handcuffs in the back of the trooper’s car, headed to the county jail in Centerville on a charge of marijuana possession. Nearly five years later, Peña would be convicted and sentenced to life in prison for possession of what the state said turned out to be 23.46 pounds of freshly cut marijuana that Peña was transporting in the back of the muddy blue van. Although Asby testified that this was not a normal highway drug bust – “normally,” he testified, marijuana moves north from Houston, already “dried out, cured, and ready to be sold” – he was certain that what he found casually laid out in the back of the van was pot because it smelled like pot – and he knows pot when he smells it. “It’s something that you learned in [28] years of experience being on the road?” prosecutor Whitney Smith (now Leon Coun­ty’s elected D.A.) asked Asby.

“Yes, sir,” Asby replied.

Just Trust Us

There are at least two problems with the official story of Peña’s arrest and prosecution. First, Peña is adamant – and has been since 1998 – that what he was transporting was not marijuana, but actually hemp, pot’s non-narcotic cousin. Peña says he found the plants growing wild in Kansas and cut them down, thinking that he could use the stems and leaves in the various craft projects he made with leather and wood in his garage workshop; there was no doubt in Peña’s mind that what he was transporting was not marijuana. The second, and eventually more decisive problem with the official story of the Peña bust, is that prior to his trial, officials with the Department of Public Safety lab in Waco, where the plants were taken for testing, completely destroyed all of the case evidence – all 23.46 pounds of plant material – and then also lost the case file with all of the original documentation of the lab’s work on the case. By the time Peña was finally tried – more than four years later – there was absolutely no evidence to show the jury; instead, the state relied completely on the “experience” of Asby and of Waco lab supervisor Charles Mott (now retired) to persuade jurors that what they say they saw and tested was actually marijuana.

It worked.

That is, it worked until late last year, when Peña’s conviction was finally overturned by the Court of Criminal Appeals, the state’s highest criminal court, and Leon County subsequently dismissed the charges for good. In the intervening decade, however, Peña’s case became a political hot potato, catching the attention of judges and lawyers across the state who watched as the 10th Court of Appeals, based in Waco, played tug-of-war with the Austin-based CCA over the power of the Texas Constitution, and whether it affords citizens greater rights and protection against state power than does the U.S. Constitution.

It’s a conflict that has left the state of Texas divided and may mean – at least for the time being – that persons tried for crimes in one part of the state will be afforded greater protection from prosecutorial errors or malfeasance than are others. Frankly, says Keith Hampton, an Austin defense attorney who represented Peña just before his case was dismissed, you just “don’t see this happen very often.” Ulti­mate­ly, whether the protections gleaned from the Texas Constitution by the 10th Court will remain in force and be applied to all Texans is still to be determined.

Weeds, Not Weed

Peña had a knack for creating handcrafted leather and wood items that sold like hotcakes, he says, at flea markets in and around Houston. He made personalized shellacked plaques and leather key chains with popular first names spelled out in tiny beads, and at a dollar a key chain, they sold well. So when he first saw the hemp plants growing on the roadside near Manhattan, Kan., they gave him an idea. He would take the plants – which, to an untrained eye, look exactly like marijuana plants – press the leaves, and then use them on plaques or affixed to the small leather wallets that he also had become expert at making. He recognized these as “volunteer” hemp plants – they grow wild across the country, reminders of the days when hemp farming was commonplace and even, during World War II, encouraged by the feds as supporting the war effort. By the Kansas roadside, they were scraggly and abundant. When he pulled into the Tuttle Creek State Park outside Manhattan, and saw the plants growing everywhere, he “loaded … up.”

Indeed, Peña thought nothing of the fresh-cut plants that he’d laid out in the back of the blue van he was driving. He knew – partly from experience of having smoked pot when he was younger, and partly because he knew that hemp was once a major agricultural commodity – that the plants were nothing more than weeds that looked like weed.

However, that’s not how Asby saw it. To him, it was clear that one thing, and only one thing, was taking place. Peña was moving a large amount of marijuana to Houston – as unusual as that might be, Asby acknowledged.

Peña repeatedly told Asby that the plants were hemp, and his insistence clearly gave some pause to Asby and the two backup officers who soon joined him. The three men stood next to the van pondering the notion that a plant could look like, but not actually be, marijuana. “I … questioned them, I said, ‘Well, he says it’s not marijuana,'” Asby recalled in court. “I knew that there was a substance called hemp and I was asking them. … And I asked them, ‘You ever heard of something like marijuana, just hemp, that is legal to have?'” he continued. “I don’t know that there is a legal kind. That was the question I was asking the officers: ‘Have you ever heard of this … where marijuana was cut and it turns out to be legal?'”

In the end, Asby was unpersuaded. “I just know marijuana smells like marijuana,” he testified in 2003. “And I have never found anything that I thought was marijuana that wasn’t.” He cuffed Peña and hauled him off to jail.

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The Government regulated and Incorporated war on Marijuana and Hemp

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The Government regulated and Incorporated war on Marijuana and Hemp have destroyed the country we live in by replacing what is a totally natural substance with a host of chemical compounds for our every need.  The problem is that the chemicals will kill us, but the Marijuana and HEMP will help to save us.
The Kentucky Marijuana Party will address any issue concerning Cannabis/Marijuana/Hemp Prohibition, Human Rights and Civil Rights, as we believe in adhering to the “original” Constitutional Rights of all United States Citizens.
We most certainly believe in the REPEAL OF PROHIBITION OF MARIJUANA/CANNABIS AND HEMP!

Hemp Legalization may Piggyback to Legality on Prop. 19

November 1, 2010 – David Bronner’s third-generation family business – Dr. Bronner’s Magic Soaps – imports 20 tons of hemp oil a year from Canada to make soaps, shampoos and skin lotions near San Diego.

 

 

Now Bronner hopes California’s Proposition 19 to legalize marijuana for recreational use can give impetus to legalizing cultivation of hemp – pot’s (non-psychoactive) cannabis cousin.

Proposition 19 proponents say the initiative’s language allowing local governments to permit cannabis cultivation – by definition – includes both marijuana and hemp.

But the measure variously inspires or infuriates hemp advocates, who are waging arguments over whether it will help or hinder efforts to lift a U.S. ban on hemp cultivation.

Some say Proposition 19 could invigorate a national hemp industry that already produces more than $350 million in annual sales of clothing, food, paper, carpet and other items – all from hemp grown in other countries.

Others contend the measure will further link hemp – a cannabis plant that can’t get you high – with marijuana and deal a public relations setback to the hemp movement. While it looks like marijuana, hemp contains only minute traces of pot’s psychoactive elements.

Hemp fibers, foods and oils are imported from more than 30 other countries, but the U.S. Drug Enforcement Administration treats hemp cultivation as an illegal activity akin to narcotics production.

Erwin A. “Bud” Sholts, chairman of the North American Industrial Hemp Council, a Wisconsin group hoping to open up American farmland to hemp cultivation, wants nothing to do with California’s pot initiative.

“I don’t think we’re interested in legalizing the drug at all,” he said.

Sholts, a former economist for the Wisconsin Department of Agriculture, said his hemp trade organization is working with major U.S. companies he won’t name to “develop a strategy” for legalizing U.S. production.

The last thing his partners need, Sholts said, is California’s Proposition 19. “They don’t want to appear to be pro-marijuana,” he said.

In its only direct reference to hemp, Proposition 19 says the Legislature may “authorize the production of hemp or non-active cannabis.”

That is pure political melody to Bronner, president of another pro-hemp group, the Hemp Industries Association.

“I think the initiative would be very helpful,” said Bronner, who said his business costs would drop by 25 percent if he could cultivate hemp in California.

Several states have passed legislation urging the federal government to legalize hemp and setting guidelines for a potential resurgence of cultivation.

In 2006, the California Legislature passed Assembly Bill 1147 by San Francisco Democrat Mark Leno and Irvine Republican Chuck DeVore to endorse hemp cultivation in California. The bill was vetoed by Gov. Arnold Schwarzenegger.

Leno, now a state senator, said he will introduce new hemp legislation if Proposition 19 passes.

His earlier bill argued that hemp should be defined differently than marijuana because it is a not a mind-altering substance. While marijuana may contain 5 percent to 20 percent of psychoactive tetrahydrocannabinol (THC), hemp has 0.3 percent or less.

“They are distant biological cousins,” Leno said. “The analogy is that hemp has as much THC as the poppy seeds on your bagel have opium.”

Nationally, growing hemp has essentially been illegal since marijuana was outlawed in 1937 – except for one notable period. In World War II, the U.S. Department of Agriculture produced a film – “Hemp for Victory” – that called on “patriotic farmers” to produce hemp for rope, fabrics and other “needs of our Army and Navy.”

U.S. drug agents have since regarded the plant as an unwanted relative of pot. Authorities contend its similar appearance can shield illegal marijuana cultivation – though pot growers say hemp can cross-pollinate marijuana, killing its potency.

Last year, Republican Rep. Ron Paul and Democratic Rep. Barney Frank introduced the Industrial Hemp Farming Act in Congress, seeking to give states the right to permit hemp growing.

In a joint letter, Paul and Frank argued that hemp’s inclusion with marijuana in the Federal Controlled Substances Act has prohibited American farmers from “competing in the booming industrial hemp market.”

That market is already booming for John Roulak. His Oxnard-based Nutiva food company – listed in Inc. magazine as one of America’s 5,000 fastest growing businesses – expects to earn $12 million this year on imports of hemp foods from “Hemp Ginger Salad Dressing” to hemp protein shakes and munchable hemp seeds.

Sales of hemp foods – said to be high in fiber, protein and Omega-3 and Omega-6 – took off after the 9th U.S. Circuit Court of Appeals ruled in 2004 that the Drug Enforcement Administration couldn’t ban foods containing the plant products.

Roulak is torn over whether Proposition 19 and greater marijuana legalization will help with hemp.

“I’ve been in the middle of that debate for too long,” he said. “I’m a voice of stay away from the dope (pot), stay focused on the rope (hemp).”

Roulak said few people in California are willing to invest in growing acres of hemp – whose market value is far closer to corn than marijuana – for fear authorities will “have their fields cut down.”

But he said passage of Proposition 19 would give political cover for the next governor to sign a bill legalizing cultivation.

“We feel optimistic,” he said, “that a bill signed by the governor of California will give us more options legally than we have now.” By Peter Hecht. Source.

If you vote no on Proposition 19, nothing changes

Prohibition is failing

Published by The Reporter

Posted: 10/29/2010 01:03:01 AM PDT

If you vote no on Proposition 19, nothing changes. Marijuana is easier for teenagers to get than alcohol or tobacco now. Marijuana is the No. 1 source of funding for drug cartels now. Marijuana has been used by more than half of the full-time work force now. Marijuana prohibition clearly isn’t working.

Concerns raised by opponents of Proposition 19 about the Drug Free Workplace Act are unwarranted. The U.S. Department of Labor Web site explicitly states: "The Drug-Free Workplace Act of 1988 does not require drug testing." Additionally, concerns about driving under the influence of marijuana are unwarranted. We already have laws addressing driving under the influence for medical marijuana users and there has been no epidemic. The epidemic is with alcohol, which is responsible 39 percent of all traffic deaths.

This initiative simply mimics a stricter policy than Alaska’s on growing and possessing marijuana (Alaska legalized growing and possession in 1975) and lets local governments decide if they would like to legalize sales. San Francisco will probably legalize it, along with Oakland and some other, more liberal cities.

If our city wants to legalize it, after seeing whether the effect is negative or positive, then it can. But we’ve already failed on every possible criteria for preventing marijuana use, so why not give legalization — a policy that works in the Netherlands, Alaska, and Portugal — a try?

Vote yes on Proposition 19.

Gerald

Hello world!

Sheree 2009