Man arrested after found with hemp at Walmart

Man arrested after found with hemp at Walmart

A Harrodsburg man was arrested Tuesday, after he was found with a truck full of hemp plants stolen from private farmland legally authorized to grow hemp.

Timothy J. Preston, 27, of Belmont Street in Harrodsburg, was located at 12:10 p.m. by Danville Police Officers at the Danville Walmart parking lot.

He was found with a black pick up truck full of green, leafy plants.

Preston was charged with receiving stolen property under $10,000, possession for sale or transfer of a simulated controlled substance, first offense, and criminal trespass, third degree.

He is lodged in the Boyle County Detention Center.

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HB161 Florida house of representatives attempt to set the stage for the governance of dui while using marijuana

September 20, 2015

Sheree Krider

On Monday, September 14, FLORIDA State Representative David Kerner, a Democrat, Filed HB161 which attempts to set a standard for measuring (via blood test) Marijuana intoxication. 

It sets the "limit" of 5 nanograms per milliliter of blood.

Anyone with a blood test showing THC level that is above 5 nanograms "commits the offense of driving under the influence".

This was done in response to the death of a 16 year old girl,  Naomi Pomerance, who was killed while riding on the back of a scooter and being hit by a car whose driver had been smoking marijuana in March of this year.  According to the reports, Tyler Cohen, was high on marijuana, and ran a red light. 

While that may or may not be true,  it currently remains impossible to determine "intoxication" levels due to consumption of Marijuana.  With the blood tests that are available, it can only be determined that a person may have consumed at any time in the weeks prior to the incident – not that they were incapacitated from Marijuana at the time of  the accident.

In a Todd County Kentucky case this year, a man was charged with Second Degree Manslaughter and 23 counts of First Degree Wanton Endangerment when his truck hit a school bus during a storm and hydroplaned off of the road causing the death of one man and hurting three others seriously, including himself. 

The only drug of abuse which showed up in his blood test was Marijuana at the time of the accident.  Additionally there was no other evidence to confirm his use of Marijuana that day.  After acquiring an "expert witness" to review the blood test being offered as evidence in the case against him, the witness, a Professor of Clinical Pharmacology,  concluded that it did not indicate intoxication at the time of the accident.  Therefore, the Court was not able to use this "blood test"as evidence against him in this case.

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It would seem to me that any Representative or Senator who would file such a "BILL" should be intelligent enough to have the "science" of the issue verified before submitting another piece of legislation to be signed into law In order to allow prosecutions.

It remains to be seen if this Bill will die in the House.  If by some chance it would be signed into law, I believe we will see many Court battles fighting the legality of the law. 

You cannot make something "truthful" just by saying it is or even writing that it is.  The science behind the fact must be proven before it can set a valid and legal precedence.  In this case, I have not seen any "proof" that a blood test can accurately predict intoxication by Marijuana.  Therefore, if they use this law to prosecute people who have more than 5 nanograms of THC in their blood for DUI they are effectively prosecuting anyone who has smoked Marijuana at any time in the prior weeks leading up to the incident. 

This could turn out to be the way that they will continue to fill the prison industrial complex, yet again, with people who do not deserve to be there. 

The drug war will never end.  It will just change its’ angles of prosecution.

(If we can’t get to them one way, we will get to them another)

 

Assessing Marijuana Intoxication

by Matthew C. Lee, MD, RPh, MS

Marijuana is composed of a number of different cannabinoids, some are psychoactive, while some are not. When marijuana is absorbed through inhalation of smoke, or ingested when mixed with food, a psychoactive component, Δ-9 THC is taken up by the fat cells and stored. Where over time it is slowly released back into the bloodstream and subsequently excreted in the urine. This is why marijuana can be detected days to weeks after consumption. Additionally this is also the reason withdrawal from marijuana is so rare. The slow release of the Δ-9 THC stored in the fat cells leads to a prolonged taper of excretion from the body.

 

FLORIDA HOUSE BILL 161,

INTRODUCED BY DAVID KERN

…providing that a person with a specified amount of delta 9-tetrahydrocannabinol per 5 milliliter of blood commits the offense of driving under the influence or boating under the influence,

Subsection (1) of section 316.193, Florida Statutes, is amended to read:

…The person has a blood level of 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter of blood, as shown by analysis of the person’s blood…

…This act may be cited as the "Naomi Pomerance Victim Safety Act."

This act shall take effect October 1, 2016

http://www.wtsp.com/story/news/2015/09/20/florida-bill-would-set-marijuana-standard-fatal-crashes/72514946/

http://www.constitutionalcannabis.com/toxicology–ui.html

http://archive.wtsp.com/assetpool/documents/150920080505_hb161.pdf

http://expertpages.com/news/Assessing_Marijuana_Intoxication.htm

Lawmakers, sign on now, to repeal the Controlled Substances Act of 1970 (CSA).

JackieTreehorn

Joined: Sep 2005

USA TX, USA

Posted: 10/20/2008 3:04:42 PM EDT

Lawmakers, sign on now, to repeal the Controlled Substances Act of 1970 (CSA).

Without this authority, the ill-conceived War On Drugs (WOD) stops in its tracks. No one has talked about the War On Drugs for a long time. It has not gone away.

We still squander scarce resources on the fight against ourselves, at a time when foreign enemies are at the gate. Enough is enough, too much is too much, and more of this futile war would be the height of fiscal irresponsibility. Do now, for the War On Drugs, what the 21st Amendment did for the 18th, and with it, alcohol prohibition. Stop throwing good money after bad.
We should have learned a lesson from alcohol prohibition, namely that it doesn’t work.
Isn’t there enough blood in the streets already, without continuing to shoot ourselves in the feet?

Do we really need to ruin the lives of so many of our own children, perhaps on the theory it is for their own good?

The CSA is unconstitutional. The CSA never had a constitutional amendment to enable it, like the 18th amendment enabled alcohol prohibition. The drug warriors have, so far, gotten away with an end run, subverting the lack of constitutional authority.

An authority over Interstate Commerce provides a pretext of constitutionality. Any excuse is better than none. So, how is that interstate commerce going, these days? Why would a bankrupt treasury distain to derive revenue from its number one cash crop? The anti-capitalist policy inhibits small farmers from cultivating for a taxed market, and gifts a tax-free monopoly to outlaws, some of whom may be friends of our enemies. This is not what the founders had in mind when they authorized meddling in interstate commerce. Lets bring the underground economy into the taxed economy.

The Supreme Court got it wrong in Gonzales V Raich. Good on Clarence Thomas for noticing that the so-called constitutionality of the law is a mockery.
www.law.cornell.edu/supct/html/03-1454.ZD1.html

How did we get this CSA? Was there an informed debate on the floor? Did the substances ever get their day in court? What congressman then, or now, would admit to knowing a thing or two about LSD?

The lawmakers have never wanted to know more than it is politically safe to be against it.

Governments around the world ignore fact-checkers and even their own reports.

Forgive them, Lord, they make it their business to know not what they do.

Common sense tells us that personal experience deepens the understanding of issues. Personal experience is a good thing. But we herd the experienced to the hoosegow. We keep them out of jobs. The many who avoid detection must live double lives.
The congressmen who passed the CSA probably don’t even get it that they deny freedom of religion to those who prefer a non-placebo as their sacrament of communion.

Congress shall make no law prohibiting the free exercise of religious freedom, says the First Amendment. But they did.

Many of the prohibited substances provide access to unique mental states. You can’t say your piece, if you can’t think it up. You can’t think it up, if you are not in a receptive state of mind. Neither the Constitution, nor its amendments, enumerates a power of government to prevent access to specific states of mind. How and when did the government acquire this power, to restrict consciousness and thought?

Congress shall make no law abridging freedom of speech, says the First Amendment. But they did.

What would happen if the CSA was enforced one hundred percent? What if all the civil disobedient turned in notarized confessions tomorrow? That is a double digit demographic. Even after years of spending more on prisons than on schools, the prisons don’t have that kind of sleeping capacity. Converting taxpayers into wards of the state mathematically increases the tax burden on the remainder. Higher tax burdens are not what the doctor is ordering at this time.

None of these substances are alleged to be as harmful as prison is. Granny’s justice is a saner benchmark. A kid caught with cigarettes must keep on smoking them, right then and there, until he or she has wretched. Drugs are sometimes accused of causing paranoia, but it is prohibition’s threat of loss of liberty, employment, and estate, that introduces paranoia. Apparently it is true that some of these substances do cause insanity, but the insanity is only in the minds of those who have never tried them.

There shall not be cruel and unusual punishment, says the Eighth Amendment. But here it is, in the CSA.

In the 1630’s, the pilgrims wrote home glowingly that the native hemp was superior to European varieties. Now, the government pretends it has a right to prohibit farmers from the husbandry of native hemp, but it so doesn’t. Could an offender get a plea-bargain, by rolling over on someone higher up in the organization? The farmer does nothing to nature’s seed that God Himself does not do when He provides it rain, sunlight, and decomposing earth. How can it be a crime to do as God does? Is the instigator to get off scot-free, while small users are selectively prosecuted?

God confesses, in Genesis 11-12, it was He who created the seed-bearing plants, on the second day. Then, He saw they were good. There you have it, the perpetrator shows no remorse about creating cannabis or mushrooms. Neither has He apologized for endowing humans with sensitive internal receptor sites which activate seductive mental effects in the presence of the scheduled molecules. Book Him, Dano.

Common Law must hold that humans are the legal owners of their own bodies. Men may dispose of their property as they please. It is none of Government’s business which substances its citizens prefer to stimulate themselves with. Men have a right to get drunk in their own homes, be it folly or otherwise. The usual caveats, against injury to others, or their estates, remain in effect.

The Declaration of Independence gets right to the point. The Pursuit Of Happiness is a self-evident, God-given, inalienable, right of man. The War On Drugs is, in reality, a war on the pursuit of happiness. Too bad the Declaration of Independence is not worth much in court.

Notwithstanding the failure of the Supreme Court to overturn the CSA, lawmakers can and should repeal the act. Lawmakers, please get to it now, in each house, without undue delay. Wake up.

Who has the guts to put America first and not prolong the tragedy?
We don’t need the CSA. The citizenry already has legal recourse for various injuries to itself and its estate, without invoking any War On Drugs. We should stop committing resources to ruin the lives of peaceful people who never injured anyone. If someone screws up at work, fire him or her for the screw-up. The Books still have plenty of laws on them, without this one.

Without the CSA, the empty prisons could conceivably be used to house the homeless. Homeland security might be able to use the choppers that won’t be needed for eradication. Maybe the negative numbers that will have to be used to bottom-line our legacy to the next generation can be less ginormous.

Cannabis has a stronger claim to the blessing of the state than do the sanctioned tobacco and alcohol. Cannabis does not have the deadly lung cancer of tobacco, nor the puking, hangover, and liver cirrhosis of alcohol. To the contrary, cannabis shows promise as an anti-tumor agent. Nor is cannabis associated with social problems like fighting and crashing cars. Cannabis-intoxication is usually too mellow for fighting, and impaired drivers typically drive within the limits of their impairment. The roads will be safer, if slower, for every driver that switches from drink to smoke. Coffee drinkers cause more serious accidents by zipping in and out of traffic and tailgating. To assure public safety on the road, cops need a kit to assess driving competence and alertness objectively. Perhaps science can develop a virtual reality simulator. Hopefully it could also detect drowsy, Alzheimer’s, and perhaps road-raging, drivers.

John McCain should recuse himself on the CSA repeal issue, due to the conflict of interest of potential competition for his family beer franchise. Both candidates have promised to end ‘failed programs’, but neither has issued a timetable, or a roadmap, for standing down on the WOD.

The debate how a crippled USA can manage ‘the two wars’ is blind. Hello, there are three, not two, wars. The War On Drugs has not let up, after 38 years of failure. Its costs are in the ballpark of the foreign wars. There is no lower-hanging, riper, or higher yielding budgetary fruit than to stop this third war, cold turkey. We are making new enemies faster than we are killing the old ones. We are losing old friends. In this national crisis of global humiliation, we should cut a little slack to those who still love the United States of America, no matter what they may be smoking.

Stave off national meltdown, by repeal of the CSA, this week, if possible. TIA.

Without the War On Drugs, Americans can come together as a people in ways that are not possible with so many of our best and brightest under threat of disenfranchisement.

http://www.ar15.com/forums/t_1_5/773950_Call_for_Repeal_of_the_Controlled_Substances_Act_of_1970.html

Kentucky considering roadside driver drug tests

Mike Wynn, @MikeWynn_CJ 11:54 p.m. EDT September 16, 2015

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Above:  Schwendau, assistant director of Highway Safety Programs.

Right now, officials are only testing the kits for accuracy and reliability, administering them to volunteers after an arrest is complete. If they prove reliable, lawmakers say they will consider legislation next year to expand their use as a common part of police work.

Schwendau says police might soon use the swab kits in the same way they rely on roadside breath tests to identify drunken drivers, adding one more step to “remove that question of doubt” during a traffic stop.

Defense attorneys are more skeptical, warning that the tests could lead to invasive searches or give officers false pretense for arrests.

“They are chipping away at our rights — I just don’t know how else to put it,” said Larry “The DUI Guy” Forman, an attorney in Louisville who specializes in impaired driving cases.

Damon Preston, deputy public advocate at the Department of Public Advocacy, cautions that the courts still need to determine the reliability of the kits and what circumstances warrant their use in the field.

“The ease or simplicity of a sobriety test should never infringe upon the rights of persons to be free from unwarranted or invasive searches of their bodies,” he said.

The side of safety

The swabs don’t show a person’s level of impairment — only that drugs are present in their system. Supporters say Kentucky law would not allow them as evidence in court, and to build a case, police would still rely on the same process they currently use in investigations.

That typically involves a field sobriety test followed by an evaluation from a drug recognition expert, who is trained to monitor the suspect’s behavior and physical condition to determine their level of intoxication. Police also collect blood samples, which are much more conclusive.

Schwendau said the roadside tests could help police narrow down which drugs to test for in a blood sample. He said the kits already have proved successful in other states, particularity in California where authorities have upped the ante with digital devices precise enough to provide court evidence. That has saved the state money in the long run because more suspects are pleading out cases, he said.

On his website, Forman advises people to refuse field sobriety tests and breathalyzers to improve their chances of a successful defense in court. If swabs become commonplace in Kentucky, Forman says, drivers should refuse them as well.

One problem, he argues, could occur when people use drugs earlier in the day but are pulled over after the effects have worn off. He cited concerns that the swab could still test positive even though a driver is no longer under the influence.

Forman also questions how variations in temperature or allowing kits to sit in a hot police car for long periods might affect the results.

“It just gets really, really hairy, really fast,” he said.

But Schwendau points out that drivers who are not impaired will be vindicated in later tests. He also worries that while most people know it’s wrong to get behind the wheel drunk, many still think it’s OK to take an extra prescription pill before driving.

“We are doing it to save lives and get risks off the road,” he said. For police, “the best decision I think always is to err on the side of safety.”

Deadly risks

According to Kentucky State Police, authorities suspected that drugs were a factor in nearly 1,600 traffic collisions across the state last year, resulting in 939 injuries and 214 deaths.

In some areas struggling with epidemic drug abuse, high drivers are more common than drunken drivers, according to Van Ingram, head of the Office of Drug Control Policy. A lot of areas are having problems with drivers who are intoxicated on both drugs and alcohol, he said.

House Judiciary Chairman John Tilley, D-Hopkinsville, said lawmakers will want to look at the highway safety office’s pilot project before putting forth any legislation. Still, he reasons that the swabs also could help exclude drivers who might otherwise fall suspect because they swerved accidentally.

Officials have distributed 100 kits for the pilot tests, which they hope to wrap up in October.

Schwendau said he will bring the results to a state task force on impaired driving along with the Governor’s Executive Committee on Highway Safety.

Even if the kits are approved and adopted, police face a cost of $7 per unit.

Schwendau said local communities would have to choose whether to use them since the kits are too expensive for the state to provide. But departments could apply for federal grants, he said.

“It’s not our place to force it on them,” Schwendau said. “We just want to offer them a better tool.”

Reporter Mike Wynn can be reached at (502) 875-5136. Follow him on Twitter at @MikeWynn_CJ.

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NORML Hesitantly Backs Ohio Legalization Initiative

A campaign to legalize medical and recreational cannabis in Ohio has garnered a big endorsement from NORML, but the marijuana lobbying organization isn’t thrilled with a key business-related aspect of the measure.

NORML decided to get behind Issue 3, the legalization measure being pushed by Responsible Ohio. However, it expressed concern that the initiative calls for just 10 legal cultivation sites, all of which would be owned by wealthy campaign investors.

Keith Stroup, who founded NORML in 1970 and is now legal counsel for the organization, wrote on the organization’s website that such a restriction is a “perversion of the initiative process,” and he called the ballot measure a “bitter pill to swallow.”

“In this instance, the initiative process is being used to try to make the rich and powerful even more rich and more powerful,” Stroup wrote. “But currently Issue 3 is the only option available to stop the senseless and destructive practice of arresting marijuana smokers in Ohio.”

The NORML board of directors therefore voted to support the measure, but some board members abstained to note their opposition for the record, and one even flat-out opposed the initiative, Stroup wrote.

Issue 3 will be on the ballot this November in Ohio.

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Ohio voters have 2 opposing marijuana issues on November ballot

YOUNGSTOWN, Ohio (WKBN) – Ohio voters will have to decide on two opposing ballot questions in November.

One issue would allow recreational marijuana use, but the other issue would take away most of the framework of that law.

The Responsible Ohio amendment is Issue 3 and would make growing, selling and using marijuana in Ohio legal. Backers say the new law would free up the courts and bring in millions in tax dollars. Growing would be done at 10 sites around the state. The locations of the sites have already been chosen.

The state assembly put their own issue on the ballot. Issue 2 would make the marijuana cartel illegal immediately.

What analysts do not know is what will happen if both issues pass.

“Now that’s a tricky question that not many people know the answer to. Some say one could trump the other. Some say the one with the most votes wins,” said Faith Oltman of Responsible Ohio.

If the anti-monopoly measure passes, Oltman said that will mean the end of voter’s say in legalizing marijuana.

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Buying the constitution

Big money, not popular demand, is what drives the marijuana proposal

The haphazard signature-gathering effort by backers of a marijuana-legalization ballot issue suggests something other than a grass-roots clamor to bring legalized pot to Ohio.

And the cities and townships where backers of the issue propose to set up their government-sanctioned-monopoly pot farms don’t seem exactly enthusiastic about that prospect.

All in all, the lurching campaign effort shows ResponsibleOhio’s proposal for what it is: a bid to use the mechanics of state government — and, thereby, voters — to create an insider business opportunity for a handful of people. The campaign is driven not by popular demand, but by the big money of the investors who stand to profit.

If a genuine grass-roots group of Ohioans wanted to see marijuana legalized for medical or recreational use, nothing would stop them from circulating petitions in support of that effort. But despite ResponsibleOhio’s complaint that lawmakers have been ignoring a burning desire for years, that supposed desire hasn’t inspired very many people to volunteer to pass petitions.

To get the proposed amendment onto the November ballot, the group is paying people to circulate petitions. To be fair, few groups could muster the hundreds of thousands of valid signatures needed by using volunteers alone; many turn to paid circulators. And ResponsibleOhio’s paid circulators certainly aren’t the first to turn in lots of flawed signatures.

But, a spot check at county boards of elections shows a remarkably shoddy effort by ResponsibleOhio’s circulators: As of Friday, major counties were finding more than half of the signatures invalid for one reason or another. At this rate, when the counting is done, the group won’t have the 305,591 valid signatures required to make the ballot, even though it collected more than double the number. (If that happens, Ohio law allows a 10-day “cure period” for petitioners to try to get the additional signatures needed.)

In Franklin County, as of Tuesday, only 40 percent of 113,000 signatures counted so far were valid. About 26,000 people weren’t registered to vote at the address they listed on the petition; 23,000 weren’t registered at all. About 7,800 were duplicates and 2,600 were deemed “not genuine."

Circulators with any commitment to the cause they’re pushing, beyond a per-signature payment, tend to try a lot harder to get valid signatures.

The pushback from communities that stand to host the constitutionally protected pot farms is more evidence that ResponsibleOhio’s heavy-handed approach is unwise. If the proposal was simply to make marijuana cultivation legal, prospective growers might emerge naturally and work with local officials and residents to win them over.

Instead, ResponsibleOhio’s investors secured rights to properties in 10 locations around the state and wrote a constitutional amendment that would give them exclusive rights and hamper local government’s ability to get in their way.

It’s no wonder Ohioans — those who actually have kept up their voting registrations and are concerned about their communities — aren’t the ones driving this self-serving scheme.

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The Science of Toxicology and U.I. or "Under the Influence and/or Intoxication?" of Cannabis/Marijuana and D.O.A. Drug Testing

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The Official Court Documents that I present to you below here, {THIS ONE TIME, FOR FREE = this offer will not last and is for a limited amount of time = THIS SET OF DOCUMENTS WILL GO MISSING AND A FEE WILL BE CHARGED LATER FOR THIS INFORMATION} The following Documents were presented, accepted and registered by the Criminal or Courts as “Evidence” as they were listed by the Kentucky Courts in a case I recently Advocated in on behalf of James E. Coleman.
Are in fact, the PROOF, that Cannabis/Marijuana/Hemp or Unspecified levels of Cannabinoids are natural within the human body and that their presence or levels or “analytical threshold” combined with the fact that this test measures “no quantification of a specific compound” in the blood, are proof, there has been no measure of  intoxication, performed by this test where cannabiniods are concerned and that this test can not show toxicity.
According to this Expert Witness.
Therefore they are unable to test levels for intoxication as they claim is claimed by the manufacture of the test and/or Law Enforcement in U.I. charges or related cases. These documented facts apply to the Test it’s self given and the Cannabinoid levels… Therefore apply to all these D.O.A. = “Drug of Abuse” Blood Serum U.I. Test used by Law Enforcement and Not the Individual. As these facts apply to all humans and all these Test.

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PLEASE CONTINUE READING…

$7.5 million of marijuana seized in Southern Indiana

cimarijuana2web

By Hannah Alani

After a two-week investigation, police have seized an estimated street value of $7.5 million of marijuana in southern Indiana. “Operation Smoke Out,” a collaborative effort by the Indiana State Police, the Indiana National Guard and local law enforcement, lasted from Aug. 17 through Aug. 28, according to a state police press release.

Through federal grant programs funded through the Domestic Cannabis Eradication and Suppression Program, law enforcement was able to use aircraft support to make “Operation Smoke Out” a success, according to the release.

On Tuesday, as a result of the investigation, Dubois County Sheriff’s Department deputies and state police eradicated approximately 269 marijuana plants in southwestern Dubois County, according to a news article from the Dubois County Herald.

Even though the street value of the marijuana reached into the millions, Dubois County Sheriff’s Department Narcotics Officer John Anderson said it was all for personal use, and not for sale.

“This was someone’s personal harvest,” Anderson said. “They were probably growing enough to last them through the winter.”

He noted that each plant is valued at around a thousand dollars each, so it doesn’t take much crop to have high estimated monetary value.

“What you have up at IU is probably a lot of medical grade coming in from Colorado,” he said, explaining that the drugs were likely not destined for Bloomington.

“Operation Smoke Out” was a proactive response to criminal intelligence of illegal drug trafficking operations growing marijuana on public property such as the Hoosier National Forest and other remote state and federally owned property, according to the release.

With the combined efforts and resource sharing, a large portion of southern Indiana was “scoured by aircraft surveillance.”

In making daily discoveries of illegal marijuana growth operations, a total of 4,898 plants were found across the 146 locations.

Sixteen people were arrested throughout the course of the operation, and officers seized more than four pounds of processed marijuana, six weapons, $3,000 and a methamphetamine lab. Officers said they hope information obtained during these two weeks will result in additional arrests, according to the release.

The Indiana State Police Marijuana Eradication Section is soliciting help from Indiana residents to combat illegal drug activity in Indiana.

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The life and tragic death of cannabis advocate Jenny Kush

Thursday, September 19, 2013 | 2 years ago

The life and tragic death of cannabis advocate Jenny Kush

Labor Day weekend is regarded as one of the biggest drunk-driving holidays on the calendar, right up there with Memorial Day, New Year’s Eve and Thanksgiving. Statistics support it: According to the Colorado Department of Transportation, 1,342 people were arrested over a nineteen-day stretch between August 16 and September 3 of this year for suspected driving under the influence.

One of them was Rebecca Maez.

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