Here is the latest update on #FREEDAREN !!!
Released with “conditions” today!
Here is a live video of his release, thanks to EAST-CanadaFriends !
Free Daren outside courthouse pt. 3
Updates to follow!
Here is the latest update on #FREEDAREN !!!
Released with “conditions” today!
Here is a live video of his release, thanks to EAST-CanadaFriends !
Updates to follow!
The information contained herein is from the Government website of REGULATIONS.GOV.
They are currently seeking comments on the scheduling of the above named substances. After browsing through the information I did not see CANNABIS included in this request.
Cannabidiol, IS INCLUDED.
I will submit my comments and will post my response here on the website.
The Food and Drug Administration (FDA) is requesting interested persons to submit comments concerning abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use of 17 drug substances. These comments will be considered in preparing a response from the United States to the World Health Organization (WHO) regarding the abuse liability and diversion of these drugs. WHO will use this information to consider whether to recommend that certain international restrictions be placed on these drugs. This notice requesting comments is required by the Controlled Substances Act (the CSA).
Submit either electronic or written comments by September 13, 2017.
The United States is a party to the 1971 Convention on Psychotropic Substances (Psychotropic Convention). Article 2 of the Psychotropic Convention provides that if a party to the convention or WHO has information about a substance, which in its opinion may require international control or change in such control, it shall so notify the Secretary-General of the United Nations (the U.N. Secretary-General) and provide the U.N. Secretary-General with information in support of its opinion.
Section 201 of the CSA (21 U.S.C. 811) (Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970) provides that when WHO notifies the United States under Article 2 of the Psychotropic Convention that it has information that may justify adding a drug or other substances to one of the schedules of the Psychotropic Convention, transferring a drug or substance from one schedule to another, or deleting it from the schedules, the Secretary of State must transmit the notice to the Secretary of Health and Human Services (Secretary of HHS). The Secretary of HHS must then publish the notice in the Federal Register and provide opportunity for interested persons to submit comments that will be considered by HHS in its preparation of the scientific and medical evaluations of the drug or substance.
Links to further information and to post comments:
Docket ID: FDA-2017-N-4515
Agency: Food and Drug Administration (FDA)
Parent Agency: Department of Health and Human Services (HHS)
*Public Comments that have already been received and posted.
If you didn’t already know him, meet Daren McCormick.
He lives in Nova Scotia Canada and is one of “Canada’s new oilmen”.
He heals the sick, illegally.
He is prosecuted, illegally.
He has and is being detained in an Amherst facility, most likely illegally, as no signed search warrant was produced before his arrest.
The following is the information which I have been able to collect about the ongoing situation. There will be updates as they are available and I urge you to visit the included links for more in-depth information.
His garden was destroyed.
But he is NOT!
“…they were antique guns…”
There are many people on both sides of the border that are watching the developments here. The East Canada Friends Group was created on Facebook to let people follow the information forthcoming and show their support.
Kevin James, founding member of Canadian Medical Marijuana Association, has been a promoter of Rick Simpson and RSO from the beginning. He was also involved with the Marijuana Party of Canada in Ontario during 2003. He also works with Americans for Cannabis.
Donna Thibodeau is a avid follower and patient of Daren as well. She is doing all she can to help the situation. This morning she sent this message to me concerning his last appearance in Court:
“I almost put charges on the first prosecutor, if they didn’t remove him. They changed prosecutors for the afternoon. I told them that he made me feel creepy and uncomfortable. Daren has a pending case on both of them. The head drug unit was also in the room and is also on Daren’s list…”
Additionally, this was posted yesterday:
Just got of the phone with Daren Mccormick …The cops will not let him have his law books or for him to see the Warrant to see witch house it was for…The cops raided his home and his Mothers House
“I think I had an undercover Cop in my driveway yesterday”…
These were the last words that I heard from Daren McCormick before I found out that he had been arrested and his Cannabis garden destroyed on August 23rd.
Daren McCormick was growing medicine to try to help save people from Cancer in Nova Scotia, Canada. He had been successful quite a few times and has patients that will testify to the fact to prove it.
He was a member of Phoenix Tears, a Rick Simpson group out of Nova Scotia Canada.
He was/is a grower. A grower who believes in the healing power of Cannabis and has spent his adult life fighting for this cause and being persecuted for it. Yet he does not give up.
Right now, as he sits in a Amherst, Nova Scotia jail awaiting Court with no bond set as of yet, his followers are watching fervently to see what is going to happen next.
Federally, Cannabis is a legal commodity in Canada IF you are a patient – which the plants that Daren was growing was definitely for patients!
“He was going to people with hemp oil, not charging anybody for nothing, and saving people’s lives,” Albert Dwyer said.
Dwyer said he suffered from colon cancer and used marijuana oil in place of radiation and chemotherapy with positive results. According to Dwyer, McCormick’s arrest was keeping medicine from those who need it.
“Why should they put someone in jail who’s saving people’s lives,” Dwyer said. LINK
The following is a summary of the case that Daren McCormick has filed against Justice Moir for his previous 3 1/2 imprisonment :
EAST-Canada friends The following is a summary of the negligence of Justice Moir of the Supreme Court in Nova Scotia, Canada. Full copies of the direct examination can be found on the website at the bottom. Specific pages that support the allegations are listed by allegation number, volume and page at the end.
Mr. Moir had an unusual case before him involving a person in Canada who had a different belief system. Mr. Moir, while he sat on the bench and made decisions involving this self-represented individual (SRI), was willfully or negligently blind to his responsibilities.
During the trial, Mr. Moir observed several problems, and his response to each calls into question his capacity to fulfill his office.
1. Disclosure was given up to the final moments before trial. Furthermore, the SRI had limited ability to read the disclosure. Finally, the SRI had not finished reviewing the disclosure. Mr. Moir responded to these issues by ignoring them, and continuing with the trial.
2. The SRI attempted to introduce a defence of Officially Induced Error, but did not have the background in law to distinguish Officially Induced Error from Entrapment. Mr. Moir responded to this by helping support this mistake, and by explaining that entrapment was a process taken upon appeal. Further, he made several claims that if he saw an error, he would stop the proceedings himself.
3. Mr. Moir reviewed case law on the SRI and his group prior to hearing from the SRI at trial, and Mr. Moir claimed to have decided on several issues he suspected he would hear. (Due to issues, the PDF containing the main support for this may not be uploaded.)
4. The SRI brings to Mr. Moir’s attention on several occasions that the arrest was made without a warrant, and the police arrested the SRI with drawn firearms. Mr. Moir ignored these repeated remarks, and neither addressed them in open court properly or in a voir dire (a different sort of court hearing).
The evidence on arrest, if excluded, would have negated the evidence in several charges. Based on the case law and facts of the warrantless arrest, there appeared to be a good chance of success in challenging the arrest and evidence taken at the arrest if Mr. Moir had acknowledged the existence of the issue.
From the time the police claim to have made the decision to arrest the SRI, they applied for and were given a search warrant for the SRI’s father’s home. The claim that the decision was made to arrest the SRI is contradicted by police documents. This begs the question of why they did not also apply for an arrest warrant. Furthermore, based on the behavior of the SRI immediately prior to arrest, there did not appear to be any reason to arrest the SRI.
5. The SRI, when asked if he was prepared to stand trial, stated that he was not ready. This was due to an inability to review disclosure sufficiently and due to new disclosure being received ten minutes before the trial. Mr. Moir proceeded with the trial regardless.
6. During jury selection, Mr. Moir challenged a juror on behalf of the SRI, and without consent from the SRI.
For other public services offered by POLS and the PDFs to support the above, please see here:
References (volume and page)
DE(*) stands for Direct Examination(volume letter). For example, DE(A) 12 is Direct Examination A PDF page 12.
1. Disclosure issues:
i) DE(A) 7,84
ii) DE(C) 264, 266
iii) DE(F) 824, 871-872, 891,
iv) DE(G) 1066
v) DE(J) 1568
vi) DE(K) 1873
2. Officially Induced Error:
i) DE(D) 533
ii) DE(K) 1782
3. Predetermines Matters Before the Court:
I) DE(F) 950 (This is a small example. Due to issues, the main support cannot be uploaded)
4. Warrantless arrest:
i) DE(A) 50-60, 1,
ii) DE(B) 121-125, 127
iii) DE(C) 264, 266, 361
iv) DE(D) 444, 477
v) DE(F) 803, 823, 835
vi) DE(G) 1144-1145
vii) DE(J) 1609, 1681-1682, 1700
viii) DE(K) 1879, 1913
5. Not Prepared to Stand Trial:
i) DE(A) 14
6. Jury Selection Issue:
i) DE(A) 28
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This is the story of a man who gave away Cannabis Oil (later to be known as RSO or Phoenix Tears). Daren was charged and was sentenced to 3 1/2 years in prison the day after this video was made. Daren is out of prison now, and despite having done hard time, is back in full production and continuing to grow cannabis and help those in need. CLICK ON PICTURE BELOW!
The charges are as follows, according to cumberlandnewsnow.com :
• Production of marijuana
• Possession of marihuana for the purpose of trafficking
• Possession of a restricted firearm with ammunition
• Eight counts of unsafe storage of a firearm
• Eight counts of unauthorized possession of a firearm
• Eight counts of possession of a firearm knowing possession is unauthorized
• Two counts of possession of a firearm while prohibited.
Daren has never been charged with a violent crime with a firearm to my knowledge.
In other words, there was no need to charge him with firearms violation except for the fact that they weren’t legal for him to have in possession. HOWEVER, as a person who lives in the country around a bunch of farmers, I KNOW that it is NECESSARY that anyone who is growing any kind of crops whether it be corn, potato’s, hemp or cannabis – needs to have access to a firearm! So in my opinion those charges are bogus – he is not a violent person and should not be treated as such!
No one should lose their right to possess a firearm because of a violation of the law unless it is a violent offense.
Please take the time to read about what is going on in Canada. The “legalities” of legalization are overwhelming. At any time you can become a target for arrest. For growing a plant! The same thing is happening here. The only chance we have to be a free people is to insist upon REPEAL of the regulations and Statutes that have been enacted – just to enslave us.
With that, I will leave you with this famous quote:
Kissinger: “Control oil and you control nations; control food and you control the people.” US strategy deliberately destroyed family farming in the US and abroad and led to 95% of all grain reserves in the world being under the control of six multinational agribusiness corporations LINK
There are a number of informative links that I have included for your convenience. It’s a long story…
https://www.youtube.com/watch?v=4ghPyUFlS9A LISTEN TO THIS VIDEO – IT CONTAINS IMPORTANT INFORMATION!
https://www.youtube.com/watch?v=BhpeMZ0Utvw INFORMATION ABOUT RICK SIMPSON AND PHOENIX TEARS STORY.
That’s right you can buy the oil at the dispensaries made famous by Daren and the other Phoenix Tears members for about $70 a gram, but try giving it away for free…watch the video. Also for more on Daren you can follow this link https://www.youtube.com/watch?v=4br_6…
Published on Aug 29, 2017
THE CORRECT TITLE SHOULD BE:
SHANNON DUGAS OF “THE COUCH” RADIO SHOW INTERVIEWS TIM ALLEN, MEMBER OF PHOENIX TEARS!
THE TITLE NAME WAS INCORRECTLY REPORTED AS “TIM SIMPSON”, AND I APOLOGIZE FOR THE ERROR!
THE STORY REMAINS THE SAME!
THE LINKS ARE CORRECT.
Above is a link to the full official version of the Documentary “RUN FROM THE CURE”, released January 28, 2008.
On June 11th, Shannon Dugas, Host of “The Couch” Radio Show, interviewed Tim Simpson, long time neighbor, advocate and friend of Rick Simpson.
It is a very interesting and informative show and I urge everyone to take the time to listen to it.
Above: Tim Allen
Protesters smoke marijuana on steps of the U.S. Capitol to tell Congress to ‘De-schedule Cannabis Now’, in Washington, U.S. April 24, 2017. REUTERS/Yuri Gripas
By Ian Simpson | WASHINGTON
Two dozen red-hatted protesters gathered on the grounds of the U.S. Capitol on Monday to call for easing federal marijuana laws, but police snuffed out the party by arresting four of them after they lit up joints.
The activists, who carried marijuana-leaf flags and a sign saying “Let DC Tax and Regulate Marijuana,” were calling for coast-to-coast legalization of the recreational use of marijuana and protections for those who use cannabis for medical reasons.
The protest included the recitation of Buddhist, Jewish, Christian and Rastafarian prayers on the lawn outside the domed national landmark.
But police swooped in and arrested the foursome as soon as they lit up in front of a crowd of media and sent smoke wafting across the grounds.
Marijuana is illegal under federal law and is banned from federal property like the Capitol, while more than two dozen states and the District of Columbia have legalized pot for medical or recreational use.
A Quinnipiac University poll released last week showed
U.S. voters back legalization by a margin of 60 percent to 34
percent, the highest level of support for legalized pot ever
recorded by the survey.
U.S. President Donald Trump’s administration has said that it might ramp up enforcement of federal laws against recreational marijuana use, setting up potential conflicts in states where the drug is legal.
Adam Eidinger, a protest organizer who recited a Jewish prayer before being arrested, told reporters that the sacramental use of marijuana on federal land deserves protection under the Constitution’s guarantee of religious freedom.
“Meaningful marijuana legislation is something that a majority of Americans are demanding,” he said. Capitol Police had no immediate comment on the arrests.
The protest was aimed at urging the Republican-controlled Congress to make cannabis legal and to lift a ban on the District of Columbia’s regulation of marijuana. The Constitution gives Congress oversight power over the district.
Activists also want lawmakers to keep intact a budget provision that bars the Justice Department from spending funds to interfere with states implementing medical marijuana laws.
Last week, police arrested several activists, including Eidinger, who were distributing joints near the Capitol to generate support for reforms.
(This version of the story has been refiled to corrects spelling in headline to “Capitol” instead of “Capital”)
(Reporting by Ian Simpson; Editing by Marguerita Choy)
Jessica Estepa , USA TODAY Published 2:31 p.m. ET April 20, 2017 | Updated 6 hours ago
Adam Eidinger, co-founder of DCMJ, hands out free marijuana joints to D.C. residents who worked on Capitol Hill as part of the 1st Annual Joint Session to mark “4/20” day and promote legalizing marijuana on April 20, 2017. (Photo: Saul Loeb, AFP/Getty Images)
Seven marijuana activists were arrested near the U.S. Capitol, while they were handing out free joints to congressional staff and other federal employees on Thursday, aka 4/20.
Three of those arrested were charged with possession with intent to distribute, the Capitol police said in a statement. The other four people were charged with possession. The Capitol police noted that it is illegal to possess marijuana under federal law.
Among the activists arrested was Adam Eidinger, the D.C. activist who pushed for the ballot initiative that legalized marijuana possession in the city. After Eidinger was taken into custody, other members of the cannabis advocacy group DCMJ shouted in protest, demanding to know what charges he faced.
“Who polices the police?” DCMJ activist Angela Sydnor shouted as she followed the officers and Eidinger across the street.
The Capitol police did not reply, and instead asked people to keep the streets clear.
According to ABC7, Capitol police confiscated the marijuana before 2 p.m., leading to protests from the activists.
Prior to his arrest, Eidinger stood on the southeast corner of First Street and Constitution Avenue Northeast, a strip of land that isn’t under federal jurisdiction despite being right across the street from the Capitol building. He and other District of Columbia residents started handing out free marijuana joints to any person with a congressional ID.
It was all part of effort to get Congress to allow D.C. to enact laws that would regulate marijuana. While it’s legal to possess, grow and give away cannabis in the district, there are no laws that allow people to buy or sell pot.
Adam Eidinger, one of the founders of DCMJ.org, a Washington group calling for cannabis to be removed from the Controlled Substances Act, works the sewing maching with another supporter making protest props on April 13, 2017. (Photo: Paul J. Richards, AFP/Getty Images)
Most of the people crowded onto the sidewalk after “high noon” appeared to be either activists or journalists. Occasionally, someone would walk up, flash a badge and get a little marijuana.
A little more than an hour into the event, Eidinger said they probably handed out about 100 joints.
“People are coming every minute or so,” he said.
More drama may come next week, when members of DCMJ gather on the Capitol steps for a smoke-in to urge lawmakers to remove federal prohibitions on cannabis.
I must start out with a initial plea of Guilty but Innocent in Order to initiate the Process of establishing no “Mens Rae” with the Motion of a “Lessor of Evils” defense, based on having no other choice but evil in the case at hand!
As for guilt, I have none and I have already proven it by my already having plead Guilty and Not! Based on a Motion for a “Lessor of Evils”.
I am then given the chance to introduce all the evidence in Court that in fact proves my innocence and my lack of guilt in the case or crime I am being charged for…
The real two evil choices you/we are currently given in a Marijuana Case is either ~
I/you/we know we are being forced into choosing between the Evil of choosing to “Uphold” an evil Abusive LIE… = Unconstitutional Controlled Substance Act = Prohibition which they created to divide the Market place for double the profit in order to drive prices, as this also allows for more venues or avenues, for them to profit in while they enslave everyone we love… and everything through their unconstitutionally declared “Foreign Synthetic War” on Nature, I mean drugs! The “drug war” which evidence shows has already destroyed too much and too many in America… While be forced to give up my/your already won Supreme Court decision of Leary vs The U.S, which established Constitutional Inalienable Sovereign Freedoms and Rights… While we bend over for Evil…
B) We risk being deemed evil and getting arrested, criminalized, going to prison, or even worse dying… shot by a cop… For doing the right thing and flexing my Constitutional Inalienable Sovereign freedoms and rights to utilize this plant untaxed, which was upheld in the Supreme Courts Ruling in Leary vs The U.S.!
For my/your/our needs and or the needs of others…
Which they have deemed as evil? And want to call me/you/us a criminal for violating and breaking their Unconstitutional Illegal overreach and Acts of Congress and Statutes… Not Law! to use this non-toxic food as it was freely Divinely and Sacramentally given to us as a nontoxic most nutritious meat first! As we also now know that we are all in fact, Endocannabinoid based species or life forms and we also know that it is in fact malnutrition that causes the majority of disease and death…
While many are suffering in pain, in jails or prison, starving and dying from not having this food and the genocide and Slaves being caused by all their propaganda Legal Lies – Legalize BS Babble being told by their Big Corporate Industrial Synthetic Military Prison Church Complex!
Just in order for us to… be, eat, heal, sleep, maintain,… Naturally as it was Divinely ordained by/in Nature and/or G-d…
As apposed to being forced to utilize addictive and/or become dependent and/or being poisoned by all of it… Their patented chemical synthetic look alikes… When we know for a fact, that Cannabis/Marijuana is non-toxic… Breaks Addiction and Dependency while it has has so many other good industrial uses… For our sustainability and tranquility!
April 7, 2017
The debate over whether or not to use “no mens rae” when facing a Cannabis charge in a Court of Law has been brought to the forefront with Thorne Peters who is facing charges for Marijuana and paraphernalia possession which begins on July 31, 2017 in a Memphis, TN Court of Law.
There is always two sides to every story and multiple opinions, therefore I will attempt to present both opinions that I have been offered, as far as the use of no “mens rae” in a Court of Law.
In the first scenario Thorne Peters feels that no “mens rae” or having no guilty mind at the time the charge was incurred, is of itself enough to render a not guilty verdict if given the chance in a trial by jury.
In the second scenario Rev. Mary Thomas Spears differs in opinion as she states that no “mens rae” plead as a defense from the beginning of a trial is not in anyone’s best interest because this plea is meant to establish the fact the the defendant did not, in fact, know that they were guilty of a crime at the time. It does not mean that you feel you were not guilty at the time because of your beliefs.
In a Facebook message today, Thorne Peters sent the following to me:
Judge Neil Gorsuch, of Denver, Colorado, a Supreme Court Justice nominee, (now confirmed) defends the lawful right of people using drugs and cannabis, as well as a variety of consensual acts currently prohibited.
In his 2006 book, “Assisted Suicide and the Right to Euthanasia”, Gorsuch claims that people have the right to die, kill themselves or join suicide pacts. He also supports the rights of citizens to use drugs, commit prostitution and even sell their body parts.
“If a person has the right to die, they also have the right to use drugs.”
Gorsuch claims the legal standard of “mens rea” (the guilty mind) does not apply to consensual acts.
In Memphis, since February 2015, CANNABIS Proactivist THORNE PETERS, known as “THE KINGPIN”, has been using a “no mens rea” defense against Possession for sales of CANNABIS charges . . . a case that has been set off for trial on two different occasions and is currently reset for trial in Division 1 on July 31, 2017 . . . 29 months after the arrest.
Judge Paula Skahan explained to Peters that “no mens rea” is a matter for the jury to decide. Peters claims the State is reluctant to go to trial because there are no legal grounds to proceed because he had “no mens rea.”
“When I make my case to the jury at THE TRIAL OF THE MILLENNIUM, I will prove my rights are being violated and we will have the legal mantra to end CANNABIS Prohibition. “NO MENS REA!”
Peters notoriously ran a “420 Friendly Nightclub” in Millington, TN which was closed as a Public Nuisance in 2009. He spent 19 months in jail fighting drug trafficking charges that were dropped. Peters was arrested for toking POT from an apple at the courthouse on 4/20/2011. In 2014, he spent a year dealing POT on Facebook; making YouTube videos that he posted to the walls of the local authorities seeking to be arrested. “The only way to make our case is to make the jury understand there is no mens rea. We must follow the law; not seek to change it.”
Once again Peters will represent himself, only this time he claims his case will represent all of CANNABIS Universe.
“A case for NO MENS REA cannot be defeated in court, because we have no accuser and we have consent. Like it was in the JIM CROW south, we are being violated by political policies enforced with criminal codes that oppress us.”
We will be following this trial till its conclusion, so stay tuned.
“It is not against the LAW to grow deal and toke POT! It is against an unjust Political Policy known as PROHIBITION, which is as UNCONSTITUTIONAL as JIM CROW!”~ THE KINGPIN THORNE PETERS!
“ILLEGAL v. UNLAWFUL” . . . a distinction with the greatest difference. LINK
JUDGE PAULA SKAHAN (TN),
“….As far as “Mens Rae”, those are issues for a trial in front of a jury…”
Now comes a differing opinion from Rev. Mary Thomas-Spears and the group of “Americans for Cannabis” which is also a repeal organization.
From another educational page of mine here on FB… –
First Lesson to remember in Law is – That despite what you believe all the words mean… That those words are translated back to their Latin Definitions by the Courts = like Doctors
The Judges, Lawyers,… Use Latin Words and Terms to communicate and do their business!
“Where being a good Catholic boy pays off!” ~ Gatewood Galbraith
So your first lesson is? They do not want you to know what they are saying as they hide the true meanings of the words… While they taught you to read a Webster’s Dictionary….
They use Black’s Law Dictionary or West Business Law for the most part.
It is very important to note that both of these Dictionaries quote Cannon Law.
As the Law is an extension of the Law of G-d handed down or Canonized by the Roman Catholic Church and or Mosaic Law.
Just as Government is the extension of, incorporation or Corporation, Corpse = Dead Body of the Administration or Ministry established by the Church for Control and Profit = why the Church is Tax Exempt and why Courtrooms look like churches with pews…
Any questions??? About any of this?
I have a question for you Mary. I see a number of cannabis activist’s promoting a #NoMensRea (No Guilty Mind) To be used as a cannabis defense when charged with cannabis possession in a court of law. I have not seen any documentation or court cases, or defendants having their cannabis case dismissed by using the plea #NoMensRea? I don’t think activist’s should be promoting this defense when courts may be most likely to ignore this defense? Would you please be able to clear up this possible misconception and set us straight on this defense?
TY! Bernard Lucas for asking a question that I have asked myself, as it is a good question!
The question is #NoMensRea ?
No!!! I do not promote the use of this defense
I am not an Attorney so you can not construe this as Legal Advise as I share my understanding from research and experience only.
Making that your Defense is like making an Insanity Defense in my opinion.
Which is nearly impossible for most conscious people to pull off…
Why? It has to be proven or established to at least what? Cast doubt upon a Jury…
I can see more than one problem with this defense in any Court in any case where it may be proven that the defendant was aware of the Laws in Question? Or the Charges brought before them… Or where they did anything covertly = any attempt to hide what they was doing… Or was not out open and upfront with their actions on….
Why? Because all the Prosecution has to prove at this point is, were you aware of the Law(s) and did you knowingly intend to break the Law = you intended to commit harm upon the State or Feds… As they are claiming to be the victim at this point.
It opens a can of worms that is hard to keep alive in the Courtroom without addressing their unconstitutional over reach… Like their claiming to be the victim!
Common Law Mens Rea
“Excellent answer Mary. Just as I had thought about it from my research. Kentucky for Cannabis™ and all Americans For Cannabis groups, pages etc. Will not be promoting anything like this defense. Which may send a defendant the wrong message.”
In another post on Facebook Mary states the following in response to a discussion with Thorne Peters,
I CHALLENGE ANYONE ATTACKING ME AND DEFENDING #ThornePeters to document ONE CASE where his Motion for #NoMansRae has ever worked in a Courtroom when filed in the ORDER of Process in which he had ADVISED OTHERS to FILE it .
As I have already stated – IN MY OPINION- THE PROPER ORDER OF LEGAL PROCESS IS,
One friend wrote – “Her point is you have to be Arrested first!” That isn’t my point at all but it is true. No and Yes! Yes, you must first be arrested,
HE IS OUT OF ORDER IN THAT you have to first be willing TO ACCEPT YOUR RESPONSIBILITY FOR WHAT YOU KNOW, = the current LAW WHICH YOU CHOSE TO BREAK. You know you chose to break an Unconstitutional Act of Congress! An Unconstitutional Act that is an Evil Lie! = ADMIT YOUR GUILT = START BY FILING A PLEA OF GUILTY BUT INNOCENT BASED ON A MOTION OF “LESSOR of EVILS” as YOUR DEFENSE IN ORDER TO ESTABLISH #NoMansRea. Otherwise you are pleading insanity in these cases. I am just saying that they know that you knew you were choosing to break the law = commit evil according to them! The next comment I have later added for clarity fact is – Unless you follow the Order of Process given above how will you be able to prove your case? Because unless you first admit you knowingly broke an Unconstitutional Law, how will you ever get to introduce the evidence that it is in fact, an unconstitutional, evil law? You can’t.
Mens rea, or “guilty” intent, deals with what the defendant needs to have been thinking at the time he or she committed the actus reus* for criminal liability to attach. In order to be guilty of most crimes, the defendant must have had the mens rea required for the crime he was committing at the time he committed the criminal act. As with the actus reus, there is no single mens rea that is required for all crimes. Rather, it will be different for each specific crime. LINK
*(ac·tus re·us /ˌaktəs ˈrēəs,ˈrāəs/ noun / Law noun: actus reus / action or conduct that is a constituent element of a crime, as opposed to the mental state of the accused)
The state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime.
In conclusion, first of all I do not think it is in anyone’s best interest to go into a Court of Law as a defendant and a defense attorney! It is not a great idea to represent yourself in any circumstance, especially in trial. Secondly, I would never try to use No mens rae because I know beyond a shadow of a doubt that the statutes will deem me guilty as charged if I tried to say I did not know marijuana was illegal! **I definitely know that Marijuana is illegal – according to the statutes which the Government now have in place to regulate commerce – it makes it an offense to the Government that I was using, possessing or giving away Marijuana. And I KNOW this.
Rather, if I were to pursue a trial by jury I would make a guilty plea and then use a “lesser of two evils” defense. Because of the fact that I have a disability for which Marijuana is “the lesser of two evils” versus a strong pharmaceutical pain reliever, I may be able to convince the jury to nullify my verdict. Mind you that this is just an example but I think it explains the concept. As Rev. Mary so eloquently explains to me…
**It is all good except where you say you know Marijuana is illegal! You know Gatewood and I already proved that it isn’t.
It is the “trafficking” or possession of a “controlled substance” = not an illegal substance but rather “Controlled“. Controlled by what ? An unconstitutional Act of Congress! That is illegal, not the Substance = you already have a established constitutional right to use marijuana = it is Legal through taxation = the marijuana tax act repealed by Leary = they can’t tax your right to use or possesses!
(What the hell Sheree ? You don’t believe Gatewood ? Or Leary vs the US?? And I respond, of course I know this Mary! What the hell?? But evidently I must have used the wrong word somewhere, lol)
It is the currency = trafficking = entering the market place That’s controlled!!!
That becomes illegal when you violate the CSA, (Controlled Substance Act), as they are only given authority over Currency, the Market Place and Foreign War and why they can’t tell you what you can consume unless your eating the cash or currency it’s self!
Don’t be misleading by saying you know Marijuana is Illegal because the Constitution is the highest law in the land and according to it it isn’t !
You can say you know that entering the market place = when currency enters in – the trafficking in a “controlled substance” is illegal but not the substance it’s self!
And I respond by saying “Thank you for that clarification, Mary”!
It will be interesting to see how the trial proceeds in July. I think it goes without saying that we all wish #ThornePeters the best of luck in his endeavor! I hope that when it’s over Thorne can walk out of the Courtroom a free man and we can all get together and light up a big fat joint and celebrate the fact that we no longer have to feel guilty for breaking the Law to smoke a damn joint!
Notes, Links, and definitions of interest:
Mens rea (/ˈmɛnz ˈriːə/; Latin for “guilty mind”) is the mental element of a crime. It is a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, i.e. “the act is not culpable unless the mind is guilty”. In jurisdictions with due process, there must be both actus reus (“guilty act”) and mens rea for a defendant to be guilty of a crime (see concurrence). As a general rule, someone who acted without mental fault is not liable in criminal law. Exceptions are known as strict liability crimes.
CBC News Posted: Apr 07, 2017 11:20 PM ET Last Updated: Apr 08, 2017 10:20 AM ET
The last of the former Cannabis Culture dispensaries in Toronto, once synonymous with Marc and Jodie Emery, will close this weekend after becoming a frequent target of police raids — a consequence the marijuana activists blame on the government’s support of licensed producers.
The dispensaries were making pot available in contravention of the law, until recreational marijuana is actually legalized by the government, a process expected to happen in July 2018.
But former owner Jodie Emery said she believes dispensaries in Toronto have been raided more frequently in the past year because the federal Liberals want to keep the recreational weed market clear for the licensed producers already selling medical marijuana.
“We’re seeing a government and corporate push to exclude the pioneers, to literally put us in handcuffs and throw us into cages while they move in to open up their own shops to sell their own pot.”
Jodie Emery, right, said the raids on recreational dispensaries have punished the activists who have fought for legalization. (Paul Chiasson/Canadian Press)
The Emerys divested themselves of their Cannabis Culture shops in Toronto on March 10, as part of their $30,000 bail conditions on possession and drug trafficking charges.
Jodie Emery said the couple decided to open the storefronts to fund their activism — and because she believed the franchise model would be successful once Ottawa legalized pot.
“We wanted to have our spot in this industry, because we’ve earned it and we deserve it …after 10 years of being broke and suffering through prison and court,” she said.
Jamie McConnell, the owner at the Village Dispensary, said he’ll keep doing this somewhere else. (CBC)
The 461 Church St. location was reborn as the Village Cannabis Dispensary after the Emerys sold it to Jamie McConnell, the store’s former manager.
McConnell said his landlord will no longer rent to the dispensary, something he said has happened because of pressure from the police raids and the city.
“I was planning on being here forever, my goal was jail or the landlord locking me out. It looks like the landlord locked me out.”
He said he believes it’s better to have marijuana “activists and users” sell the products than licensed producers, because they know first-hand what makes a quality product.
“I don’t know what the government’s going to do as far as legalization, but I’m not going to stop.”
But Andrea Hill, a corporate and securities lawyer with the firm SkyLaw who represents several regulated marijuana firms, said the dispensaries have been shut down because what they’re doing is illegal. It has nothing to do with the regulated medical marijuana industry.
And those licensed producers have been pioneers in the industry as well, she said.
“They’ve put themselves on the line just as much as anyone else,” the lawyer said. “If a business is operating outside of the law and it can’t make it and it has to shut down I think that means that the law wins — and that people who play by the rules win, at the end of the day. I think that’s a good thing.
The Liberal government is expected to make recreational pot legal by July 1, 2018. (Julie Gordon/Reuters)
An earlier version of this story indicated that recreational marijuana is expected to be legalized by the federal government this July. In fact, it is expected in July 2018.
Apr 08, 2017 8:23 AM ET