The United States Marijuana Party

The United States Marijuana Party – is a motivated group of Americans who are tired of living in fear of their government because of marijuana prohibition. We are fed up with the intrusion into our personal lives, with urine testing at work and at school, with armed home invasions, and with the possibility of prison because of a plant. WE are Americans and WE do not piss in a cup for anyone!

WE feel it is time for the 20 million Americans who smoke marijuana on a regular basis to stop hiding their love for this plant and unite as one large body of voters to demand an end to the unconstitutional prohibition of marijuana and the drug war. The U.S. cannot lock up 20 million people.

The War on Drugs causes more harm than the drugs themselves ever will.

United WE are a potential 20 million vote political machine. WE want to live free and WE must be determined to stand up, be counted, demonstrate, rally, and write.

Waiting for the government to silence us all in the American prison system is not an option! Too many of our brethren are there, in prison right now.

More Americans are in jail today for marijuana offenses than at any previous time in American history. The war against marijuana is a genocidal war waged against us by a government determined to eradicate our plant, our culture, our freedom and our political rights.

Time Magazine Reports: U.S. Marijuana Party

U.S. Marijuana Party

By Christina Crapanzano Monday, Mar. 29, 2010
Top 10 Time Alternative Political Movements
Andrew Holbrooke / Corbis

Long before Loretta Nall campaigned on her cleavage, the activist’s cause was cannabis. The Alabama resident gained national attention during her 2006 gubernatorial campaign when she produced T-shirts with the caption “More of these boobs …” (with a photo of Nall in a low-cut shirt) “… And less of these boobs” (next to photos of her opponents). But the write-in candidate’s political roots date back to 2002, when a misdemeanor arrest for possession was the spark behind her forming the U.S. Marijuana Party (USMJP). The group — which demands “an end to the unconstitutional prohibition of marijuana” — has official party chapters in seven states, including Colorado, Illinois and Kentucky. While Nall left the USMJP to be a Libertarian Party governor nominee, the group continues to back candidates in local, state and national elections under the leadership of Richard Rawlings, who is currently running for Congress in Illinois.

Read more:

The US Army Corps of Engineers will not grant permission for the Dakota Access Pipeline to cross Lake Oahe

 

The Department of the Army will not approve an easement that would allow the proposed Dakota Access Pipeline to cross under Lake Oahe in North Dakota,” said a statement on the US Army website, citing the Assistant Secretary for Civil Works, Jo-Ellen Darcy.

According to Darcy, it was “clear” they needed to address concerns of tribal leaders who expressed concerns over the potential environmental impact of the Dakota Access Pipeline, and “the best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing.”
“The consideration of alternative routes would be best accomplished through an Environmental Impact Statement with full public input and analysis,” the Army statement said
.

Standing Rock Sioux chairman Dave Archambault II has issued a statement expressing his gratitude to the Obama administration for enabling the “historic decision” to re-reroute the pipeline.

“We wholeheartedly support the decision of the administration and commend with the utmost gratitude the courage it took on the part of President Obama, the Army Corps, the Department of Justice and the Department of the Interior to take steps to correct the course of history and to do the right thing,” he wrote.

The news is a massive win for the Sioux tribe that established the protest camp at the site in April and has gained huge support in recent weeks.

Military veterans joined activists, who call themselves water protectors, at Standing Rock this week, with more than 3,500 pledging to join the demonstration.

Some 26 activists were injured in a November 20 confrontation when police fired water cannon in below-freezing temperatures. Rubber bullets and tear gas were also reportedly used against the water protectors on site.

Around 564 people were arrested during the protests, according to the Morton County Sheriff’s Department.

CONTINUE READING…

 

Additional Information:

Army denies Dakota pipeline permit, in victory for Native tribes

 

U.S. Climate Plan@usclimateplan 1h1 hour ago Pennsylvania, USA

#NoDAPL VICTORY! A powerful and humbling statement from @StandingRockST Chair. Thanks to @POTUS for decision to #StandWithStandingRock.

How A Psychedelic Drug Helps Cancer Patients Overcome Anxiety

December 3, 20167:00 AM ET

Robin Marantz Henig

 

Psychedelic drugs could provide relief for anxiety and depression among advanced cancer patients.

The brilliantly-colored shapes reminded Carol Vincent of fluorescent deep-sea creatures, and they floated past her languidly. She was overwhelmed by their beauty — and then suddenly, as if in a dream, she was out somewhere in deep space instead. “Oh, wow,” she thought, overwhelmed all over again. She had been an amateur skydiver in her youth, but this sensation didn’t come with any sense of speeding or falling or even having a body at all. She was just hovering there, gazing at the universe.

Vincent was having a psychedelic experience, taking part in one of the two studies just published that look at whether cancer patients like her could overcome their death-related anxiety and depression with a single dose of psilocybin.

It turned out they could, according to the studies, conducted at New York University and Johns Hopkins and reported this week in the Journal of Psychopharmacology. NYU and Hopkins scientists gave synthetic psilocybin, the hallucinogenic component of “magic mushrooms,” to a combined total of 80 people with advanced cancer suffering from depression, anxiety, and “existential angst.” At follow-up six months or more later, two-thirds of the subjects said their anxiety and depression had pretty much disappeared after a single dose.

And about 80 percent said the psilocybin experience was “among the most personally meaningful of their lives,” Roland Griffiths, a professor of psychiatry and leader of the Hopkins team, said in an interview.

That’s how it was for Vincent, one of the volunteers in Griffiths’ study. By the time she found her way to Hopkins in 2014, Vincent, now 61, had been living for six years with a time bomb of a diagnosis: follicular non-Hodgkin’s lymphoma, which she was told was incurable. It was asymptomatic at the time except for a few enlarged lymph nodes, but was expected to start growing at some undefined future date; when it did, Vincent would have to start chemotherapy just to keep it in check. By 2014, still symptom-free, Vincent had grown moderately anxious, depressed, and wary, on continual high alert for signs that the cancer growth had finally begun.

“The anvil over your head, the constant surveillance of your health — it takes a toll,” says Vincent, who owns an advertising agency in Victoria, British Columbia. She found herself thinking, “What’s the point of this? All I’m doing is waiting for the lymphoma. There was no sense of being able to look forward to something.” When she wasn’t worrying about her cancer, she was worrying about her son, then in his mid-20s and going through a difficult time. What would happen to him if she died?

Participating in the psilocybin study, she says, was the first thing she’d looked forward to in years.

The experiment involved two treatments with psilocybin, roughly one month apart — one at a dose high enough to bring on a markedly altered state of consciousness, the other at a very low dose to serve as a control. It’s difficult to design an experiment like this to compare treatment with an actual placebo, since it’s obvious to everyone when a psychedelic experience is underway.

The NYU study used a design similar to Hopkins’ but with an “active placebo,” the B vitamin niacin, instead of very-low-dose psilocybin as the control. Niacin speeds up heart rate but doesn’t have any psychedelic effect. In both studies it was random whether a volunteer got the dose or the control first, but everyone got both, and the order seemed to make no difference in the outcome.

Vincent had to travel from her home in Victoria to Baltimore for the sessions; her travel costs were covered by the Heffter Research Institute, the New Mexico nonprofit that funded both studies. She spent the day before each treatment with the two Hopkins staffers who would be her “guides” during the psilocybin trip. They helped her anticipate some of the emotional issues — the kind of baggage everyone has — that might come to the fore during the experience.

The guides told Vincent that she might encounter some hallucinations that were frightening, and that she shouldn’t try to run away from them. “If you see scary stuff,” they told her, “just open up and walk right in.”

They repeated that line the following day — “just open up and walk right in” — when Vincent returned to Hopkins at 9 a.m., having eaten a light breakfast. The treatment took place in a hospital room designed to feel as homey as possible. “It felt like your first apartment after college, circa 1970,” she says, with a beige couch, a couple of armchairs and some abstract art on the wall.

Vincent was given the pill in a ceramic chalice, and in about 20 minutes she started to feel woozy. She lay down on the couch, put on some eye shades and headphones to block out exterior sights and sounds, and focused on what was happening inside her head. The headphones delivered a carefully-chosen playlist of Western classical music, from Bach and Beethoven to Barber’s “Adagio for Strings,” interspersed with some sitar music and Buddhist chants. Vincent recalled the music as mostly soothing or uplifting, though occasionally there were some brooding pieces in a minor key that led her images to a darker place.

Your Brain On Psilocybin Might Be Less Depressed

Shots – Health News
Your Brain On Psilocybin Might Be Less Depressed

With the music as background, Vincent started to experience a sequence of vivid hallucinations that took her from the deep sea to vast outer space. Listening to her describe it is like listening to anyone describe a dream — it’s a disjointed series of scenes, for which the intensity and meaning can be hard to convey.

She remembered seeing neon geometric shapes, a gold shield spelling out the name Jesus, a whole series of cartoon characters — a fish, a rabbit, a horse, a pirate ship, a castle, a crab, a superhero in a cape — and at some point she entered a crystal cave encrusted with prisms. “It was crazy how overwhelmed by the beauty I was,” she says, sometimes to the point of weeping. “Everything I was looking at was so spectacular.”

At one point she heard herself laughing in her son’s voice, in her brother’s voice, and in the voices of other family members. The cartoon characters kept appearing in the midst of all that spectacular beauty, especially the “comical crab” that emerged two more times. She saw a frightening black vault, which she thought might contain something terrifying. But remembering her guides’ advice to “just open up and walk right in,” she investigated, and found that the only thing inside it was herself.

When the experience was over, about six hours after it began, the guides sent Vincent back to the hotel with her son, who had accompanied her to Baltimore, and asked her to write down what she’d visualized and what she thought about it.

Griffiths had at first been worried about giving psychedelics to cancer patients like Vincent, fearing they might actually become even more afraid of death by taking “a look into the existential void.”

But even though some research participants did have moments of panic in which they thought they were losing their minds or were about to die, he said the guides were always able to settle them down, and never had to resort to the antipsychotic drugs they had on hand for emergencies. (The NYU guides never had to use theirs, either.)

How LSD Makes Your Brain One With The Universe

Shots – Health News
How LSD Makes Your Brain One With The Universe

Many subjects came away feeling uplifted, Griffiths says, talking about “a sense of unity,” feeling part of “an interconnected whole.” He adds that even people who are atheists, as Vincent is, described the feeling as precious, meaningful or even sacred.

The reasons for the power and persistence of psilocybin’s impact are still “a big mystery,” according to Griffiths. “That’s what makes this research, frankly, so exciting,” he says. “There’s so much that’s unknown, and it holds the promise for really understanding the nature of human meaning-making and consciousness.”

He says he looks forward to using psilocybin in other patient populations, not just people with terminal diagnoses, to help answer larger existential questions that are “so critical to our experience as human organisms.”

Two and a half years after the psychedelic experience, Carol Vincent is still symptom-free, but she’s not as terrified of the “anvil” hanging over her, no longer waiting in dread for the cancer to show itself. “I didn’t get answers to questions like, ‘Where are you, God?’ or ‘Why did I get cancer?’ ” she says. What she got instead, she says, was the realization that all the fears and worries that “take up so much of my mental real estate” turn out to be “really insignificant” in the context of the big picture of the universe.

This insight was heightened by one small detail of her psilocybin trip, which has stayed with her all this time: that little cartoon crab that floated into her vision along with the other animated characters.

“I saw that crab three times,” Vincent says. The crab, she later realized, is the astrological sign of cancer — the disease that terrified her, and also the sign that both her son and her mother were born under. These were the three things in her life that she cared about, and worried over, most deeply, she says. “And here they were, appearing as comic relief.”

Science writer Robin Marantz Henig is a contributing writer for The New York Times Magazine and the author of nine books.

CONTINUE READING…

ACE Hardware stores are refusing to sell goods to water protectors

#BoycottACEHardware #NoDAPL

 

Ruth Hopkins@RuthHHopkins

ACE Hardware stores are refusing to sell goods to water protectors at the direction of Morton Cty Sheriff #NoDAPL

SOURCE

The Stakes Are High As DEA Reconsiders Waging War On The Herb Kratom

11/30/2016 04:03 am ET

Those who use and study the plant say an outright ban could do serious harm.

Seven weeks after the U.S. Drug Enforcement Administration officially withdrew its plan to ban kratom, the federal government is once again set to decide the fate of the herb and the people who rely on it for pain relief and other treatment.

The DEA had initially planned to use its emergency scheduling power to push through the ban without input from the public, despite concerns from lawmakers and scientists ― as well as kratom users ― that the move would do more harm than good. In October, however, the DEA opened a public comment period allowing individuals to weigh in on the agency’s decision to place mitragynine and 7-hydroxymitragynine, two active compounds in kratom, in Schedule I. Substances in this category include heroin and LSD and are considered to have no known medical benefit and a high potential for abuse.

With the comment period set to close on Thursday, the DEA will now have to take into account the nearly 9,000 submissions from people who wanted to voice their opinions about this proposed expansion of the war on drugs.

But kratom isn’t in the clear yet. The DEA is currently awaiting the results of a U.S. Food and Drug Administration analysis on the potential harms and health benefits of the herb, which will determine if kratom truly poses an “imminent hazard to the public safety,” as the agency initially claimed in August.

The DEA doesn’t know when it will get the results of the FDA’s review, Russell Baer, a spokesperson for the agency, told The Huffington Post.

“We’ve asked the FDA to expedite their analysis, but they’ve not given us any indication as to when that may be done, other than as soon as practical,” said Baer. “They’re involved in an exhaustive scientific review and evaluation, so these things do take time.”

Although Baer said he expects the DEA to wait for the FDA’s analysis before deciding on an appropriate schedule for kratom ― or whether it should be scheduled at all ― he noted that the agency could still proceed with emergency scheduling even in the absence of more concrete scientific evidence.

The DEA’s next steps will have huge implications for people like Joshua Levy. In the video above, Levy explains that he turned to kratom after struggling with dependence on the opioid painkillers he’d been prescribed following a hit-and-run accident. Like many kratom users, he says the herb gave him back the life that had been taken from him by addiction and other side-effects of narcotic painkillers.

“Since I started taking kratom, since I had gotten off of the pain pills, my life has basically opened up dramatically,” Levy told HuffPost. “I got a new job. I’m building a friendship up with my sister that I haven’t had in a long time. I’m not lazy anymore. I don’t want to isolate myself. I want to go out, I want to be out of the house.”

The kratom community is full of success stories like Levy’s. But together, they form only anecdotal evidence of the herb’s benefits, which is not enough to support a more official confirmation of its medicinal value.

Experts like Andrew Kruegel, an associate research scientist at Columbia University, hope the DEA will allow kratom to remain legal so they can keep working to unlock the herb’s potential.

Kruegel’s studies have shown that kratom can be used to alleviate mild pain, and that the plant’s negative side effects are relatively minor.

“As a scientist, I try to be as objective as possible and not overstate the promise of kratom,” said Kruegel. “We just don’t know that much about the plant yet.”

But Kruegel also has bigger hopes for kratom, which he believes can be used to aid in the development of safer alternatives to the prescription opioids that claimed more than 18,000 lives in the U.S. in 2014 due to overdose.

“Of course, if it’s in Schedule I, historically that greatly limits the ability to do research on it,” he said.

CONTINUE READING…

U.S. veterans to form human shield at Dakota pipeline protest

By Terray Sylvester | CANNON BALL, N.D.

More than 2,000 U.S. military veterans plan to form a human shield to protect protesters of a pipeline project near a Native American reservation in North Dakota, organizers said, just ahead of a federal deadline for activists to leave the camp they have been occupying.

It comes as North Dakota law enforcement backed away from a previous plan to cut off supplies to the camp – an idea quickly abandoned after an outcry and with law enforcement’s treatment of Dakota Access Pipeline protesters increasingly under the microscope.

The protesters have spent months rallying against plans to route the $3.8 billion Dakota Access Pipeline beneath a lake near the Standing Rock Sioux reservation, saying it poses a threat to water resources and sacred Native American sites.

Protesters include various Native American tribes as well as environmentalists and even actors including Shailene Woodley.

State officials issued an order on Monday for activists to vacate the Oceti Sakowin camp, located on U.S. Army Corps of Engineers land near Cannon Ball, North Dakota, citing harsh weather conditions.

The state’s latest decision not to stop cars entering the protest site indicated local officials will not actively enforce Monday’s emergency order to evacuate the camp issued by Governor Jack Dalrymple.

Dalrymple warned on Wednesday that it was “probably not feasible” to reroute the pipeline, but said he had requested a meeting with the Standing Rock Sioux Tribal Council to rebuild a relationship.

“We need to begin now to talk about how we are going to return to a peaceful relationship,” he said on a conference call.

The 1,172-mile (1,885 km) pipeline project, owned by Texas-based Energy Transfer Partners LP (ETP.N), is mostly complete, except for a segment planned to run under Lake Oahe, a reservoir formed by a dam on the Missouri River.

Veterans Stand for Standing Rock, a contingent of more than 2,000 U.S. military veterans, intends to go to North Dakota by this weekend and form a human wall in front of police, protest organizers said on a Facebook page. Organizers could not immediately be reached for comment.

“I figured this was more important than anything else I could be doing,” Guy Dull Knife, 69, a Vietnam War Army veteran, told Reuters at the main camp.

Dull Knife, a member of the Oglala Lakota tribe from the Pine Ridge Reservation of South Dakota, said he has been camping at the protest site for months.

Morton County Sheriff’s Office spokesman Rob Keller said in an email his agency was aware of the veterans’ plans, but would not comment further on how law enforcement will deal with demonstrators.

Former U.S. Marine Michael A. Wood Jr is leading the effort along with Wesley Clark Jr, a writer whose father is retired U.S. Army General Wesley Clark.

U.S. Representative Tulsi Gabbard, a Democrat from Hawaii and a major in the Hawaii Army National Guard, has said on Twitter she will join the protesters on Sunday.

 
The Army Corps, citing safety concerns, has ordered the evacuation of the primary protest camp by Dec. 5, but said it would not forcibly remove people from the land.

Local law enforcement said on Tuesday they planned a blockade of the camp, but local and state officials later retreated, saying they would only check vehicles for certain prohibited supplies like propane, and possibly issue fines.

Dalrymple on Wednesday said state officials never contemplated forcibly removing protesters and there had been no plans to block food or other supplies from the camp. “That would be a huge mistake from a humanitarian standpoint,” he said on the conference call.

He also warned protesters that while emergency responders will try to reach anyone in need, that would be contingent on weather conditions.

Protesters, who refer to themselves as “water protectors,” have been gearing up for the winter while they await the Army Corps decision on whether to allow Energy Transfer Partners to tunnel under the river. That decision has been delayed twice by the Army Corps.

(Additional reporting by Ernest Scheyder in Houston and Alex Dobuzinskis in Los Angeles; Writing by Ben Klayman; Editing by Jeffrey Benkoe and Matthew Lewis)

CONTINUE READING…

Obama says marijuana should be treated like ‘cigarettes or alcohol’

By Christopher Ingraham November 30 at 12:33 PM

 

In an “exit interview” with Rolling Stone magazine, President Obama said that marijuana use should be treated as a public-health issue similar to tobacco or alcohol and called the current patchwork of state and federal laws regarding the drug “untenable.”

“Look, I’ve been very clear about my belief that we should try to discourage substance abuse,” Obama said. “And I am not somebody who believes that legalization is a panacea. But I do believe that treating this as a public-health issue, the same way we do with cigarettes or alcohol, is the much smarter way to deal with it.”

Obama has made comments to this effect before. In a 2014 interview with the New Yorker magazine he said that marijuana was less dangerous than alcohol “in terms of its impact on the individual consumer.” More recently, he told TV host Bill Maher, “I think we’re going to have to have a more serious conversation about how we are treating marijuana and our drug laws generally.”

In the Rolling Stone interview published this week, Obama also reiterated his long-standing position that changing federal marijuana laws is not something the president can do unilaterally. “Typically how these classifications are changed are not done by presidential edict,” he said, “but are done either legislatively or through the DEA. As you might imagine, the DEA, whose job it is historically to enforce drug laws, is not always going to be on the cutting edge about these issues.”

The Drug Enforcement Administration recently turned down a petition to lessen federal restrictions on marijuana, citing the drug’s lack of “accepted medical use” and its “high potential for abuse.” Congress could resolve the conflict between state and federal marijuana laws by amending the federal Controlled Substances Act, but it has declined to do so.

Marijuana legalization advocates have been frustrated at what they see as Obama’s unwillingness to use his bully pulpit to advocate for their cause. “It would have been very helpful if he had taken more concrete positive action on this issue before it was almost time to vacate the Oval Office,” Tom Angell of the pro-legalization group Marijuana Majority said in a statement. “That this president didn’t apply pressure on the DEA to reschedule marijuana this year will likely go down as one of the biggest disappointments of the Obama era.”

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There is little disagreement on either side of the legalization debate that personal marijuana use should be treated primarily as a public-health issue. Smart Approaches to Marijuana (SAM), the nation’s leading anti-legalization group, says that it “seeks to establish a rational policy” for marijuana use and possession that “no longer relies only on the criminal justice system to address people whose only crime is smoking or possessing a small amount of marijuana.”

But there is vehement disagreement over what such a “rational policy” would look like. SAM advocates for a policy of decriminalization of marijuana use, but not full-scale commercial legalization. Groups like the Marijuana Policy Project, on the other hand, are pushing for the creation of Colorado-style commercial marketplaces where it is completely legal to buy, sell and consume marijuana.

Obama has been hesitant throughout his second term to push for one approach or the other. His Justice Department has created a policy explicitly allowing states to legalize marijuana as they see fit, but he has made no effort to alter the strict federal prohibition on marijuana that complicates any effort to create a legal nationwide marijuana industry.

Pro-legalization advocates are worried that the current Justice Department policy of noninterference on marijuana legalization could be reversed by an incoming Trump administration stocked with harsh critics of such legalization. Trump himself has said that the matter should be left up to the states.

In the Rolling Stone interview, Obama hinted that he may be more vocal on the issue once he leaves office. “I will have the opportunity as a private citizen to describe where I think we need to go” on marijuana, he said.

CONTINUE READING…

Health care refugees: Medical marijuana and new hope

By Elizabeth Cohen, CNN Senior Medical Correspondent
Video produced by John Bonifield, CNN

Updated 12:16 PM ET, Mon November 28, 2016

Paramedics transport Abby Muszynski to the air ambulance that will fly her from Florida to Colorado.

 

This is the second part of a series on health care refugees. Read the first part here.

(CNN)Rich and Kim Muszynski know when their 5-year-old daughter, Abby, is about to have a grand mal seizure because her pupils enlarge, and she’ll seem to fixate at something in the distance that only she can see.

Then it starts. Abby’s extremities shake. She gasps for air.

By the time she turned 3, Abby had tried about eight different anti-seizure medications. None of them worked very well. Panicked to see their daughter getting worse and worse, the Muszynskis drove three hours to Orlando to see Dr. Ngoc Minh Le, a board certified pediatric neurologist and epileptologist.

Le told them that chances of another anti-seizure drug working on Abby were tiny. He recommended medical marijuana. The timing was right: Just months before, Gov. Rick Scott had legalized the use of a type of non-euphoric cannabis called Charlotte’s Web.

The formulation had been a miracle for a little girl with epilepsy named Charlotte Figi. The Muszynskis had seen her story on Dr. Sanjay Gupta’s CNN documentary “Weed.”

Charlotte’s Web did help Abby, but not as much as it had helped Charlotte. She still was having about two grand mal seizures a week, each lasting about eight to 10 minutes.

Le explained to Kim and Rich that Charlotte’s Web has only tiny amounts of THC, one of the psychoactive ingredients in marijuana. Medical marijuana with higher levels of THC was Abby’s best hope, he told them.

But at this point, in 2015, high-THC marijuana wasn’t legal in Florida for Abby. To get it, the Muszynskis would have to move, leaving behind their friends and family, including two older children.

    Kim thought about Colorado, where Charlotte Figi lived. She’d checked with parents of disabled children there, and they told her the state had a fair and efficient Medicaid program.

    Getting to Colorado would be a challenge: Abby’s doctors said it wasn’t safe for her to fly on a commercial plane or to take a long car ride across the country.

    The Muszynskis began their final fight with Florida Medicaid — one that would leave Kim and Abby homeless for several days.

    Kim says that in mid-August, she started talking to Medicaid officials about getting an air ambulance to Colorado. On September 19, Rich drove the family car out to Colorado. They planned for Kim to attend the closing on their house in Boynton Beach on September 23 and leave on the air ambulance with Abby that afternoon.

    Kim had emailed and spoken with various Florida officials, and it seemed to her that everything was in order. “Please give a call today so we can finalize travel arrangements!” Mary Joyce, a senior registered nurse supervisor at Children’s Medical Services at the Florida Department of Health, wrote in an email to Kim on September 20.

    But then several days passed, and there was still no final approval for the transport.

    Their house sold, Kim and Abby were homeless. They moved in with Kim’s best friend and her husband. All of Abby’s equipment, like her bed with guardrails, was with Rich on their way to Colorado. Kim slept with Abby on the floor.

    Abby’s cries at night kept Kim’s friends awake. Kim wrote emails begging Florida officials for help. But for the first time, she added someone not previously included on the email: this CNN reporter.

    Three days later, she learned that the transport had been approved.

      A spokeswoman for Florida’s Agency for Health Care Administration gave this statement:

      In this case relocation services are not covered by Medicaid, per federal Medicaid guidelines. However, thanks to Safety Net funds made available by Governor Scott and the Legislature, the state supported this family by covering the costs to provide relocation services via the air ambulance of the mother’s choice. Working with the family, the state arranged transport as quickly as possible,” wrote the spokeswoman, Mallory McManus.

      CONTINUE READING STORY HERE!

      Class-action suit challenges constitutionality of civil forfeiture

      Fatima Hussein , IndyStar 10:17 p.m. EST November 27, 2016

       

      Criminal defense attorney Jeff Cardella wears his beliefs on his sleeve, in the form of a pair of large, pastel yellow “Don’t Tread On Me” cuff links.

      In between explanations of his libertarian principles, the 34-year-old Cardella  said his clients may not always be the most sympathetic individuals, but they deserve their rights, too.

      Cardella filed a federal class-action lawsuit this month, on behalf of Leroy Washington, whose vehicle was taken by police in September. Washington was arrested and charged with resisting law enforcement, dealing in marijuana and obstruction of justice.

      The suit argues that the Indiana law that allows police to seize property from alleged drug dealers and others, regardless of their guilt or innocence, violates criminal defendants’ constitutional right to due process.

      It “allows the executive branch to seize and hold the vehicle of an owner for several months without affording the owner the right to a postseizure preforfeiture hearing to challenge the seizure,” according to the complaint.

      It’s an argument that could, if it prevails in court, have a sweeping effect on law enforcement.

      Criminal defense attorney Jeff Cardella stands in front

      Criminal defense attorney Jeff Cardella stands in front of the Justice Statue at the Birch Bayh Federal Building and United States Courthouse on Tuesday, Nov. 22, 2016. (Photo: Michelle Pemberton / IndyStar)

      According to Justice Department data, Indiana State Police seized more than $2.2 million in personal property from Indiana residents in 2014. In Marion County, the Indianapolis Metropolitan Police Department seized roughly $48,022 in personal property that year, according to the data.

      The suit, limited specifically to vehicles in IMPD possession, does not seek monetary damages. Rather, Washington wants law enforcement to give back his vehicle, and the vehicles of countless individuals whose property was seized under Indiana’s civil forfeiture laws.

      Cardella also seeks a reduction in the period of time law enforcement can hold property without stating a reason for seizing it.

      “It’s a matter of protecting the constitutional rights of my clients,” said Cardella, a professor at Indiana University’s Robert H. McKinney School of Law, who is vehemently opposed to “unjust government taking.”

      Marion County Prosecutor Terry Curry, Mayor Joe Hogsett and IMPD Police Chief Troy Riggs are named defendants in the complaint.

      Curry told IndyStar that there are a variety of reasons why the law, as it exists today, is reasonable and constitutional.

      “There are protections built in the law to protect innocent people,” Curry said. “An aggrieved party could ask for an emergency hearing to get their property back.”

      However, experts and civil libertarians such as Cardella argue that civil forfeiture laws may be due for U.S. Supreme Court review.

      Civil forfeiture around the country

      Today, all states allow for forfeiture and there are more than 400 federal forfeiture statutes. Legal opinions written on the matter show an inconsistency as to what is and is not a violation of an individual’s property rights.

      On a federal level, writing for a six-justice majority in Kaley v. United States, U.S. Supreme Court Justice Elena Kagan stated that a criminal defendant indicted by a grand jury has essentially no right to challenge the forfeiture of her assets, even if the defendant needs those very assets to pay lawyers to defend her at trial.

      The dissenters in the case were strange bedfellows, ranging from traditionally conservative Chief Justice John Roberts and the more liberal Justices Stephen Breyer and Sonia Sotomayor.

      There is also room for interpretation at the state level.

      In Indiana, former Chief Justice Randall Shepard, who wrote the Supreme Court ruling in another civil forfeiture case, said criticisms of asset seizure may be legitimate in some places. But instances vary from one jurisdiction to another. “There are places where it’s used more forcefully than most people would think is appropriate,” Shepard said.

      Because the process is characterized as “civil forfeiture” rather than “criminal forfeiture,” he said, property can be taken regardless of the guilt or innocence of the accused party, which raises concerns.

      “The relative ease of effecting such forfeiture and the disposition of the assets have become a matter of public note,” Shepard wrote.

      Washington, through Cardella, argues that the length of time that police have to possess individuals’ property unduly burdens property owners.

      Under Indiana law, the executive branch can hold a vehicle for up to six months. If the state decides to file a forfeiture claim against the vehicle within the first 180 days, the vehicle is held indefinitely until the case is concluded, which can often be several additional months, according to court documents. ​

      “I think there is a widespread misunderstanding (that civil forfeiture) is not a unilateral act,” Curry told IndyStar. He explained that most of individuals whose property is seized are drug dealers and the like.

      However, case law throughout the country suggests that Indiana’s laws — when it comes to the length of time that law enforcement can hold onto a vehicle — may be unconstitutional.

      In a 2002 U.S. Court of Appeals opinion authored by Sotomayor, the court held that the Constitution demanded a speedy process to determine whether the government was likely to win the forfeiture claim.

      In the case, Krimstock v. Kelly, three automobile owners challenged a New York City policy that allowed the city to seize motor vehicles from individuals accused of certain crimes involving motor vehicles and then to hold the vehicles — sometimes for years — in hopes of gaining title in civil forfeiture proceedings.

      The U.S. Supreme Court has passed on making a substantive ruling on civil forfeiture matters, specifically pertaining to vehicles.

      INDIANAPOLIS STAR

      In some cases, police seize cars, homes — with no charges filed

      Challenges coming from all sides

      And Cardella’s isn’t the only suit challenging Indiana’s statute.

      Sam Gedge, an attorney at the Institute for Justice, a libertarian nonprofit based in Arlington, Va., filed a lawsuit in February (Jeana M. Horner, Dennis Jack Horner, et al. v. Terry R. Curry, Marion County Prosecutor’s Office, et al.) in Marion Superior Court charging the IMPD and prosecutors with violating the Indiana Constitution by not forwarding all civil forfeiture proceeds to the state’s common school fund.

      Instead, the county is keeping 100 percent of the money in a “policing for profit” scheme, the institute said.

      INDIANAPOLIS STAR

      Indy civil forfeiture lawsuit will proceed

      The Marion County Prosecutor’s Office and the Indianapolis Metropolitan Police Department divvy up all the money received from civil forfeitures based on a 30/70 split, according to the lawsuit.

      The case has yet to be decided.

      Regarding Washington and Cardella’s lawsuit, Gedge said, “There are two fundamental problems which make it a serious assault on property rights: It allows law enforcement to seize property, that’s ripe for abuse. And what makes the process more pernicious, (is that law enforcement) is seizing a direct stake in property.”

      Cardella, said while it’s not likely that the case will go to the Supreme Court, “I hope it does.”

      Cardella, who lives in a rural area outside of Indianapolis, said he prizes his privacy and freedoms as an American.

      Citing the Join, or Die political cartoon of a snake cut into pieces drawn by Benjamin Franklin in 1754, Cardella believes in the collective power of the people to unite against tyranny and unfairness.

      He sees current civil forfeiture laws as the government’s way of trampling on citizens’ rights.

      “This is the kind of case that made me want to go to law school.”

      CONTINUE READING…

      Army Corps Threatens to Close Oceti Sakowin Camp on December 5th

       

       

       

       

       

       

      SATURDAY, NOVEMBER 26, 2016

      Army Corps Threatens to Close Oceti Sakowin Camp on December 5th

      Contacts:
      Dallas Goldtooth, dallas@ienearth.org, (507)-412-7609
      Jade Begay, jade@ienearth.org, (505)-699-4791

      Cannon Ball, ND – Today Colonel John W. Henderson of the United States Army Corps sent a letter to Dave Archambault II, the Chairman of the Standing Rock Sioux Tribe, stating that on December 5th all lands north of the Cannon Ball River will be closed to the general public. This includes the Oceti Sakowin encampment where nearly eight thousand people are camping to resist the Dakota Access Pipeline. Henderson said, “This decision is necessary to protect the general public from the violent confrontations between protestors and law enforcement officials.”

      In response to the Army Corps’ letter Chairman Archambault and the Standing Rock Sioux Tribe stated, “the best way to protect people during the winter, and reduce the risk of conflict between Water Protectors and militarized police, is to deny the easement for the Oahe crossing, and deny it now.”

      The following is a statement from the Indigenous Environmental Network:

      “We stand by our relatives of the Oceti Sakowin and reaffirm their territorial rights set in the Fort Laramie Treaty of 1851. If the Corps wants to keep people safe and prevent further harm, then deny the easement, rescind the permit, order a full Environmental Impact Statement, and send Department of Justice observers. This decision by the Army Corp and the United States is short-sighted and dangerous. We have already seen critical injuries cased by the actions of a militarized law enforcement. We implore President Obama and the White House to take corrective measures and to stop the Dakota Access Pipeline once and for all.”
      At 11:30am CST the Indigenous Environmental Network, Honor the Earth, The International Youth Council, and the Camp of the Sacred Stones will be holding a press conference at “Media Hill” within the Oceti Sakowin camp. IEN will be live streaming from its facebook page.

      ####

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      Reality of Standing Rock

      Published on Nov 22, 2016

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      “The mainstream media is lying about what is happening at Standing Rock. As someone who was there, I confirm what the water protectors have been going through. We need water and we are done with big corporations hurting and destroying our environment for financial gain. This is not moral what’s so ever. People do terrible things to each other for money. Our world is being destroyed for money.” #NoDAPL #StandingRock

      Credit: Normadic Sky
      http://www.nomadicskye.com

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