Category Archives: CIVIL RIGHTS

Legal Marijuana Poses a Problem for Gun Buyers

Firearm purchases by drug users are prohibited by federal law; Alaska Republican is taken aback

By

Gary Fields and

Kristina Peterson

Updated Nov. 14, 2016 6:04 p.m. ET

37 COMMENTS

Sen. Lisa Murkowski’s husband and sons ordered her a new Benelli 12-gauge shotgun as a gift, but when the Alaska Republican—and enthusiastic duck hunter—went to pick it up, she was puzzled by a question on the federal background form she had to fill out.

The form asked if she used marijuana for medicinal or recreational purposes, both of which are legal in Alaska. If she answered yes, she would be unable to get the gun, because federal law prohibits anyone who uses illegal drugs from buying a firearm.

The senator doesn’t use pot, but she was taken aback by the notion that an activity that is legal in her state could block gun ownership. “I don’t like marijuana—I voted against legalization—but we passed it,” Ms. Murkowski said in an interview. “Now, you’ve got this conflict.”

The legal, recreational use of marijuana passed in four states on Tuesday with another three states passing it for medicinal use. Lance Rogers, manager of the cannabis law practice for law firm Greenspoon Marder, explains how that could influence efforts to legalize pot in other states.

The scope of that conflict just grew, as voters in eight states last week approved marijuana-related ballot initiatives. Now, 28 states and Washington D.C., allow marijuana use in some form, including eight that allow recreational use. Yet federal law still holds that anyone who uses marijuana, even medicinally, is doing so illegally and can’t buy a gun.

That is upsetting advocates for both gun owners and pot smokers, groups that don’t always find themselves on the same side of the cultural divide.

“This idea that you somehow waive your Second Amendment rights if you smoke marijuana” is wrong, said Keith Stroup, founder of NORML, which advocates marijuana legalization. “In particular, if you are using marijuana as a medicine, the idea that you have to choose between your health and the Second Amendment is offensive.”

“The Gun Control Act prohibitions are governed by the Controlled Substances Act, and marijuana remains an illegal, controlled substance under federal law,” said Justice Department spokesman Peter Carr.

Justice oversees the Bureau of Alcohol, Tobacco, Firearms and Explosives, which regulates licensed gun dealers; as well as the Federal Bureau of Investigation, which runs background checks; and the Drug Enforcement Administration, which classifies drugs.

The marijuana-gun issue is one of the stranger outcomes of an unusual conflict between state laws, which increasingly allow marijuana use, and federal law, which continues to view pot-smoking as a crime.

At issue are the applications that would-be gun buyers must fill out when they visit licensed firearms dealers. Question 11(e) on ATF Form 4473 asks whether the purchaser is an unlawful user of, or addicted to, marijuana.

Under ATF guidance distributed to gun dealers, anyone who answers affirmatively can’t buy a firearm. If a dealer has reason to believe the would-be gun purchaser is a marijuana user, the ATF says it is the dealer’s responsibility to halt the sale of a firearm or ammunition.

“There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law,” the guidance says.

The issue can be tricky, especially for those who oppose drug use but support gun rights. Perhaps for that reason, gun-rights groups have been relatively quiet on the issue. The National Rifle Association, for example, didn’t respond to requests for comment.

Officials at Gun Owners of America highlight the medicinal-marijuana issue. “GOA finds it very troubling that the Obama administration would use medical issues to ban law-abiding Americans from owning firearms,” said the group’s executive director, Erich Pratt.

The U.S. Court of Appeals for the Ninth Circuit ruled recently that banning gun sales to medical marijuana users doesn’t violate their Second Amendment rights. Marijuana is a Schedule 1 controlled substance under federal law, the court noted, meaning it has “no currently accepted medical use in treatment.” The DEA reaffirmed that status just last August.

Ms. Murkowski wrote Attorney General Loretta Lynch in March urging her to reconsider the policy. “In my judgment, the disqualification of an entire class of marijuana users acting consistent with state law from possessing any firearm merits a review of federal legal policy,” she wrote.

Mr. Carr said the Justice Department responded to the senator’s letter in October. “It is not the department’s general practice to release publicly private communications with members of Congress.”

Ms. Murkowski said she understands the concerns about gun owners using marijuana, but said similar dangers could arise regarding alcohol. The conflict will likely intensify, she added, as more states approve marijuana use.

Marijuana advocates say legal users of the drug are discriminated against in other ways as well, from child custody and banking to student loans and public housing.

“Even if you’re a progressive who doesn’t like guns or a libertarian who doesn’t like public housing, you should still be outraged by the discrimination that people who use marijuana face,” said Tom Angell, founder of Marijuana Majority, which supports legalization.

Write to Gary Fields at gary.fields@wsj.com and Kristina Peterson at kristina.peterson@wsj.com

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Every 25 seconds in the United States, someone is arrested for the simple act of possessing drugs for their personal use…

Interview: Why the US Should Decriminalize Drug Use

 

Summary

 

Neal Scott may die in prison. A 49-year-old Black man from New Orleans, Neal had cycled in and out of prison for drug possession over a number of years. He said he was never offered treatment for his drug dependence; instead, the criminal justice system gave him time behind bars and felony convictions—most recently, five years for possessing a small amount of cocaine and a crack pipe. When Neal was arrested in May 2015, he was homeless and could not walk without pain, struggling with a rare autoimmune disease that required routine hospitalizations. Because he could not afford his $7,500 bond, Neal remained in jail for months, where he did not receive proper medication and his health declined drastically—one day he even passed out in the courtroom. Neal eventually pled guilty because he would face a minimum of 20 years in prison if he took his drug possession case to trial and lost. He told us that he cried the day he pled, because he knew he might not survive his sentence.[1]

***

Just short of her 30th birthday, Nicole Bishop spent three months in jail in Houston for heroin residue in an empty baggie and cocaine residue inside a plastic straw. Although the prosecutor could have charged misdemeanor paraphernalia, he sought felony drug possession charges instead. They would be her first felonies.

Nicole was separated from her three young children, including her breastfeeding newborn. When the baby visited Nicole in jail, she could not hear her mother’s voice or feel her touch because there was thick glass between them. Nicole finally accepted a deal from the prosecutor: she would do seven months in prison in exchange for a guilty plea for the 0.01 grams of heroin found in the baggie, and he would dismiss the straw charge. She would return to her children later that year, but as a “felon” and “drug offender.” As a result, Nicole said she would lose her student financial aid and have to give up pursuit of a degree in business administration. She would have trouble finding a job and would not be able to have her name on the lease for the home she shared with her husband. She would no longer qualify for the food stamps she had relied on to help feed her children. As she told us, she would end up punished for the rest of her life.

***

Every 25 seconds in the United States, someone is arrested for the simple act of possessing drugs for their personal use, just as Neal and Nicole were. Around the country, police make more arrests for drug possession than for any other crime. More than one of every nine arrests by state law enforcement is for drug possession, amounting to more than 1.25 million arrests each year. And despite officials’ claims that drug laws are meant to curb drug sales, four times as many people are arrested for possessing drugs as are arrested for selling them.

As a result of these arrests, on any given day at least 137,000 men and women are behind bars in the United States for drug possession, some 48,000 of them in state prisons and 89,000 in jails, most of the latter in pretrial detention. Each day, tens of thousands more are convicted, cycle through jails and prisons, and spend extended periods on probation and parole, often burdened with crippling debt from court-imposed fines and fees. Their criminal records lock them out of jobs, housing, education, welfare assistance, voting, and much more, and subject them to discrimination and stigma. The cost to them and to their families and communities, as well as to the taxpayer, is devastating. Those impacted are disproportionately communities of color and the poor.

This report lays bare the human costs of criminalizing personal drug use and possession in the US, focusing on four states: Texas, Louisiana, Florida, and New York. Drawing from over 365 interviews with people arrested and prosecuted for their drug use, attorneys, officials, activists, and family members, and extensive new analysis of national and state data, the report shows how criminalizing drug possession has caused dramatic and unnecessary harms in these states and around the country, both for individuals and for communities that are subject to discriminatory enforcement.

There are injustices and corresponding harms at every stage of the criminal process, harms that are all the more apparent when, as often happens, police, prosecutors, or judges respond to drug use as aggressively as the law allows. This report covers each stage of that process, beginning with searches, seizures, and the ways that drug possession arrests shape interactions with and perceptions of the police—including for the family members and friends of individuals who are arrested. We examine the aggressive tactics of many prosecutors, including charging people with felonies for tiny, sometimes even “trace” amounts of drugs, and detail how pretrial detention and long sentences combine to coerce the overwhelming majority of drug possession defendants to plead guilty, including, in some cases, individuals who later prove to be innocent.

The report also shows how probation and criminal justice debt often hang over people’s heads long after their conviction, sometimes making it impossible for them to move on or make ends meet. Finally, through many stories, we recount how harmful the long-term consequences of incarceration and a criminal record that follow a conviction for drug possession can be—separating parents from young children and excluding individuals and sometimes families from welfare assistance, public housing, voting, employment opportunities, and much more.

Families, friends, and neighbors understandably want government to take actions to prevent the potential harms of drug use and drug dependence. Yet the current model of criminalization does little to help people whose drug use has become problematic. Treatment for those who need and want it is often unavailable, and criminalization tends to drive people who use drugs underground, making it less likely that they will access care and more likely that they will engage in unsafe practices that make them vulnerable to disease and overdose.

While governments have a legitimate interest in preventing problematic drug use, the criminal law is not the solution. Criminalizing drug use simply has not worked as a matter of practice. Rates of drug use fluctuate, but they have not declined significantly since the “war on drugs” was declared more than four decades ago. The criminalization of drug use and possession is also inherently problematic because it represents a restriction on individual rights that is neither necessary nor proportionate to the goals it seeks to accomplish. It punishes an activity that does not directly harm others.

Instead, governments should expand public education programs that accurately describe the risks and potential harms of drug use, including the potential to cause drug dependence, and should increase access to voluntary, affordable, and evidence-based treatment for drug dependence and other medical and social services outside the court and prison system.

After decades of “tough on crime” policies, there is growing recognition in the US that governments need to undertake meaningful criminal justice reform and that the “war on drugs” has failed. This report shows that although taking on parts of the problem—such as police abuse, long sentences, and marijuana reclassification—is critical, it is not enough: Criminalization is simply the wrong response to drug use and needs to be rethought altogether.

Human Rights Watch and the American Civil Liberties Union call on all states and the federal government to decriminalize the use and possession for personal use of all drugs and to focus instead on prevention and harm reduction. Until decriminalization has been achieved, we urge officials to take strong measures to minimize and mitigate the harmful consequences of existing laws and policies. The costs of the status quo, as this report shows, are too great to bear.

 

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LINK TO PDF VERSION OF REPORT (205 PAGES)

Marijuana Possession Played Key Role in Police Shooting of Keith Scott

By Daniel Politi

610189124-kerr-putney-chief-of-the-charlotte-mecklenburg-police

Possession of marijuana played a significant role in the police killing of Keith Lamont Scott on Tuesday. Charlotte-Mecklenburg Police Department Chief Kerry Putney said during a news conference that officers were trying to serve a warrant for someone else when they spotted Scott rolling “what they believed to be a marijuana ‘blunt’" in his car. At first they allegedly didn’t think much of it, until they saw Scott had a weapon and thought, “uh oh, this is a safety issue for us and the public,” Putney said.

Putney spoke at a news conference in which he announced police would release body cam and dash cam videos of the encounter.

Along with the videos, the police also released a statement on what is known about the case. Although at first “officers did not consider Mr. Scott’s drug activity to be a priority” that changed once they saw him hold up a gun. “Because of that, the officers had probable cause to arrest him for the drug violation and to further investigate Mr. Scott being in possession of the gun.”

The police released photographs of the gun, ankle holster and joint he had on him at the time of the shooting.

“It was not lawful for [Scott] to possess a firearm. There was a crime he committed and the gun exacerbated the situation,” Putney said. The press conference marked the first time law enforcement had mentioned the detail about the marijuana.

“Due to the combination of illegal drugs and the gun Mr. Scott had in his possession, officers decided to take enforcement action for public safety concerns,” notes the statement.

Putney continued to insist that Scott “absolutely” had a gun, although he acknowledged that wouldn’t be clear from the released video. He also stood by earlier statements that the shooting was justified and officers acted lawfully. “Officers are absolutely not being charged by me at this point,” he said.

The official police statement says officers “gave clear, loud and repeated verbal commands to drop the gun” but Scott “refused to follow the officers repeated verbal commands.” And then Scott “exited the vehicle with the gun and backed away from the vehicle while continuing to ignore officers’ repeated loud verbal commands to drop the gun.” That was seen as “an imminent physical threat” and an officer opened fire. A lab analysis “revealed the presence of Mr. Scott’s DNA and his fingerprints” on the gun that was loaded, notes the police statement.

Daniel Politi has been contributing to Slate since 2004 and wrote the "Today’s Papers" column from 2006 to 2009. You can follow him on Twitter @dpoliti.

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Ninth Circuit Rules Marijuana Card Holders May Not Own Firearms

Monday, 05 September 2016

Written by  Bob Adelmann

Ninth Circuit Rules Marijuana Card Holders May Not Own Firearms

 

Last Wednesday a three-judge panel of the Ninth Circuit Court of Appeals upheld a lower court’s decision that holding a marijuana card precludes its owner from keeping and bearing arms. In the process, the panel threw out the First, Second, and Fifth Amendment rights.

Rowan Wilson, a Nevada resident who held a state-issued marijuana card but didn’t use the weed, tried to purchase a firearm from Custom Firearms and Gunsmithing in Moundhouse, Nevada. She applied for the card to show her support for the freedom of people to make their own decisions about what they might or might not imbibe or inhale. It was a political statement only. It became personal when she tried in October 2011 to purchase a firearm for personal protection.

She was confronted with Question 11e on the required federal disclosure Form 4473 issued by the ATF, which reads: “Are you an unlawful user of, or addicted to, marijuana or any depressant, narcotic drug, or any other controlled substance? Yes or No.” She showed the question to the gun shop owner, who knew that she had a card, and he denied her request to purchase the firearm. It was based not only on federal laws that still make marijuana users criminals, but on an “open letter” the ATF sent to all firearm dealers holding that mere possession of the marijuana registry card was enough to allow them to prevent a potential buyer from completing the sale. That letter stated, in part:

[Anyone] who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes — is prohibited by federal law from possessing firearms or ammunition.

Such persons should answer “yes” to question 11.e. on ATF Form 4473 … and you may not transfer firearms or ammunition to them.

Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have “reasonable cause to believe” that the person is an unlawful user of a controlled substance.

As such, you may not transfer firearms or ammunition to the person, even if the person answered “no” to question 11.e. on ATF Form 4473.

Wilson sued and her complaint was dismissed. The three-judge panel heard her appeal in July and issued its decision affirming the lower court’s ruling on August 31. The opinion, penned by Senior District Judge Jed Rakoff, included this bit of reasoning:

It may be argued that medical marijuana users are less likely to commit violent crimes, as they often suffer from debilitating illnesses, for which marijuana may be an effective palliative. But those hypotheses are not sufficient to overcome Congress’s reasonable conclusion that the use of such drugs raises the risk of irrational or unpredictable behavior with which gun use should not be associated.

The panel threw out all of Wilson’s complaints that the federal law and “open letter” violated three of the 10 rights contained in the Bill of Rights. First was her right to free expression under the First Amendment:

The panel held that any burden the Government’s anti-marijuana and anti-gun-violence efforts placed on [Wilson’s] expressive conduct was incidental…

Next to go was the Second Amendment:

Applying intermediate scrutiny, the panel … held that the fit between the challenged provisions and the Government’s substantial interest [in] violence prevention was reasonable, and therefore the [lower] court did not err by dismissing [her] Second Amendment claim.

Finally, the Fifth Amendment was overridden:

The panel held that the challenged laws and Open Letter neither violated [Wilson’s] procedural due process rights protected by the Due Process Clause of the Fifth Amendment nor violated the Equal Protection Clause as incorporated into the Fifth Amendment.

[Wilson] did not have a constitutionally protected liberty interest in [both] holding a registry card and purchasing a firearm….

Reactions to the ruling were predictably swift. Tom Angell, chairman of Marijuana Majority, was outraged:

There’s absolutely no evidence to support the notion that marijuana use leads people to be more violent, as inferred in the Court’s opinion. Regardless of how you feel about guns, no one should be discriminated against … by the government just because they happen to enjoy marijuana. That should be especially true for people who consume cannabis for medical purposes in accordance with state law and their doctors’ recommendations.

Wilson’s attorney, Chaz Rainey, was equally upset with the panel’s ruling, declaring,

We live in a world where having a medical marijuana card is enough to say you don’t get a gun, but if you’re on the no-fly list your constitutional right is still protected.

Then Rainey touched on the core issue: states’ rights, adding:

Responsible adults who use cannabis in a manner that is compliant with the laws of their states ought to receive the same legal rights and protections as other citizens.

For the moment at least, the ruling applies to only the nine states covered by the Ninth Circuit: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Rainey has promised to appeal the ruling either to the full circuit court or to the Supreme Court. If the appeal goes that far, Wilson’s lawsuit might give the newest member (replacing deceased Justice Scalia) of the high court a chance to rule on the matter next year. 

A graduate of an Ivy League school and a former investment advisor, Bob is a regular contributor to The New American magazine and blogs frequently at LightFromTheRight.com, primarily on economics and politics. He can be reached at badelmann@thenewamerican.com.

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THE PDF DOCUMENT:

FOR PUBLICATION

UNITED STATES COURT OF APPEALSFOR THENINTH CIRCUIT

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

DSC_0161

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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Regarding kendra sams – "lodged" at laurel county corrections" in kentucky…

 

Ms. Kendra Sams,  29  years old, was being lodged at the Laurel County Corrections.

According to Facebook posts she suffered a seizure on July 12th which caused her to fall from the top bunk in her cell and land on the floor.  She was not given medical attention at that time.

At some point she was transferred to Casey County Corrections where her illness became acute.  Her Mother was apparently contacted and she was then transported to the Hospital.

Facebook Timeline Posts:

Roger Hoskins

August 18 at 12:18pm · Garrard, KY ·

 

I’m waking up to some heart breaking news out of the family and asking for all who can please pray

Roger Hoskins

August 18 at 3:10pm · Edited ·

 

Please be praying for Kendra Sams she’s going into surgery right now … This young lady didn’t deserve any of this and I’m confident that the story will be told soon…. Please now all the family ask is to be praying

Roger Hoskins added 2 new photos.

August 18 at 7:15pm · Garrard, KY ·

 

These picture are of Kendra Sams and this is not even the Justice this young lady has suffered .. She’s has much more going I inside her… And is in critical condition at UK hospital … She’s in bad shape according to family who is with her when I am updated on her condition I will pass it along .. The family ask for prayers and this should have never ever happen to anyone else

Roger Hoskins

August 18 at 7:49pm · Garrard, KY ·

 

Update on Kendra they have 3 drain tubes in her and not sure one will work right but already pulled 2 ounces of infection out of her back but keeping her sedated until tomorrow to do more test … No one is allowed to see her till tomorrow so please keep praying

Roger Hoskins

Yesterday at 3:36am · Garrard, KY ·

 

They have started a feeding tube on Kendra and a temp of 102 … Doctors said that the next 72 hour will be very critical… So keep prayers coming and I have had a lot ask what happened… Right now the families focus is on Kendra … All they need is prayers but I promise this story will be told .. Thank for all the praying that’s going on and as always it’s in Gods hands ..

Roger Hoskins

Yesterday at 1:37pm · Garrard, KY ·

 

The story is coming out …. Please pray for Kendra the doctors are hoping she last throughout the day

Roger Hoskins added 4 new photos.

Yesterday at 3:19pm · Edited ·

 

This all started at Lcdc and she was sent to Casey county jail with the out come being her fighting for her life …. On July 12th she had a seizure a few weeks later she was sent to Casey county detention center will little or no medicinal help … Her mother was called to come get her and this is now her daughter returned home to her …. Don’t know if she will see tomorrow… Please pray….

Roger Hoskins

17 hrs · Edited ·

 

So thankful for Facebook this night as my post for Kendra has brought some light on all this but most of all I wanna thank the people who are brave and step up in behalf of Kendra … That is why Facebook is a valuable tool … As of 2 am there is no changes in her … I wanna thank each person who has shared this and by all means please continue to do so … This family deserves answers ! This could be your family member……………I will not disclose their name but here is a tid bit of information ……………..

My sister was in the cell with this girl in Casey co jail! She needed medical attention from day 1 this could be anyone’s family member please share this lets raise awareness

Michelle Jackson

11 hrs ·

 

Update on Kendra!!!!!!
She is still in critical condition they are having trouble keeping her BP up still and now they’re having to give her blood (1pint) so far… Please keep prayers coming.. TIA

— with Roger Hoskins and 8 others at UK ICU.

Michelle Jackson

3 hrs ·

 

Look what the Lord has done…. GLORY GLORY GLORY I PRAISE YOUR HOLY NAME THANK YOU SWEET JESUS!!!! SHE MOVED HER MOUTH AND TOLD HER MOMMY SHE LOVED HER!!!!!!! HALLELUJAH!!!!!!! KING JESUS I KNOW YOU HEAR ME WHEN I PRAY

— with Roger Hoskins and 9 others at UK ICU.

Michelle Jackson's photo.

Roger Hoskins

2 hrs ·

 

Please keep sharing my post maybe someone seen something and will step forward for Kendra Sams … This needs media attention to get to the bottom of this

Roger Hoskins

6 hrs · Edited ·

 

The family knows she is not perfect but to see this after being in 2 jails and her mother was called to come get her only to go into uk hospital is sad this is Kendra Sams if anyone was in her cell with her in laurel or Casey county please get ahold of this family … We are looking for answers to what happened .. This is truly sad … We have tried to contact all media but no help as yet so family has no choice but turn to social media .. Any information is appreciated …please share

***

It is currently 8/20/15 at 10:30pm and I am awaiting a call from Roger Hoskins who is willing to fill in the gaps in this atrocity which has happened under the watch of  “Kentucky Corrections “.

We can only hope and pray that Kendra Sams receives the justice that the State of Kentucky owes her because of this horrific ordeal.  She is not out of ICU yet.   She is currently still fighting for her life.

It never should have happened.

ANYONE who is incarcerated is entitled to receive healthcare under the Justice Department.

 

https://www.facebook.com/photo.php?fbid=401505606710487&set=pcb.401506100043771&type=1&theater

https://www.facebook.com/roger.hoskins2

human brain grown in a jar? apparently, yes…

Modern science is the stuff of a Frankenstein nightmare with the promise of growing a brain in a jar

Can you grow a brain in a jar? Scientists claim they’ve done just that. And the implication could not be more chilling

By John Nash For The Daily Mail

Published: 19:09 EST, 20 August 2015 | Updated: 20:04 EST, 20 August 2015

This is the stuff of Frankenstein nightmares. Imagine yourself as a functioning brain kept in a laboratory jar. White-coated scientists are torturing you by feeding an endless stream of terrifying images and sensations into your nervous system.

Even if you could cry out for help — no one could legally come to your rescue.

For years, philosophers have pondered the ethics of conducting such Nazi-style experiments, as a theoretical basis for moral arguments. But this issue is no longer theoretical. The age of a human brain in a jar is fast becoming reality.

This week, American biologists announced that they had crossed a critical threshold in the science of growing a human brain and keeping it alive in a laboratory.

Rene Anand, a professor of biological chemistry and pharmacology at Ohio State University, astonished military experts by announcing that his team has successfully grown a near-exact replica of a five-week-old foetus’s brain.

It is only about the size of a pencil rubber. But it contains 99 pc of the cells that would exist in the brain of a human foetus, making it the most fully formed brain ‘model’ ever engineered.

It even has its own spinal cord and the beginnings of an eye, Professor Anand told the 2015 Military Health System Research Symposium in Fort Lauderdale, Florida.

He has engineered the brain using stem-cell technology, which involved turning adult skin cells into stem cells which are capable of growing into any type of body tissue. It is a breakthrough that paves the way to cloning human brains.

The work is not finished. Prof Anand now plans to continue growing his lab brain until it resembles that of a 12-week-old fetus.

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For some in the South, defying medical marijuana laws is the Lord’s work

By Quint Forgey, News21 August 19 at 6:30 AM

Image result for For some in the South, defying medical marijuana laws is the Lord’s work

Editor’s note: This is one in a series of articles on the legalization of marijuana, produced in partnership with the 2015 Carnegie-Knight News21 national student reporting project.

CHESTER, S.C. — She lives in the wooden house her grandfather built more than a century ago in Chester, S.C., a rural community about a two-hour drive southeast of the Blue Ridge Mountains.

The cluttered home is dimly lit and not air-conditioned, with the low hum of floor fans filling in rare lulls in conversation. Two chihuahuas, Cricket and Joe, scuttle around Ada Jones’s feet as she peers down through her eyeglasses at the iPad in her hands.

The tablet looks conspicuously out of place among the black-and-white photos hanging on the walls and the dangling, beaded divider into the next room. It serves as her connection to the outside world, as well as the outside world’s connection to Jones.

If someone needs medical marijuana, they contact her over the Internet.

Jones encourages those who reach out to her to purchase marijuana illegally and make their own cannabis oil. If they’re unsuccessful, she puts them in contact with a supplier who can sell them a more refined product.

“It’s almost like playing God,” Jones said. “If somebody contacts me, I have to look at them and wonder. I wonder if that’s police first, not if I can help their kid. I try not to do that, but you have to because you’re scared.”

Jones helps everyone she can, whether they be young mothers of epileptic children or older patients suffering from chronic pain. Her specific brand of civil disobedience, like so many other facets of Southern life, is captained by her faith.

“They talk about the South being the Bible belt, and praise the Lord we are,” Jones said. “I cannot not help somebody. I have to. As a Christian, that’s what I’m here for.”

Many Southern states have a long and failed history with medical marijuana, mired deep in forgotten statutes and a lost generation of patients. Only recently, as the marijuana movement sweeps through statehouses, have those laws become political tinder for a new debate in the Old South.

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