Category Archives: Drug War

The legacy of Manfred Donike

Image result for manfred donike

For all of his hard work attending school and graduating as a German Chemist, while participating in the Tour de France in the 60’s, Manfred Donike was most widely known as an “doping expert” and is credited with the first accurate urine testing procedures.

He was Director for the Institute for Biochemistry at the German Sports University Cologne and head of drug testing operations at the 1972 Munich Olympics.

Manfred Donike, at 61 years old, suffered a major heart attack and died in flight to Johannesburg to set up a drug testing lab for the All-African Games in August of 1995. 

There is a Manfred Donike Institute, and a Manfred Donike Workshop which is closed to the public.  There is also a Manfred Donike Award !

At the time of his death, Dr. Don Catlin, head of the Paul Ziffrin Analytical Laboratory at UCLA stated:

“He devised all the chemical methods of identifying prohibited substances.  This is a staggering blow (to the anti-doping movement), but we will recover…”LINK

The first thing I saw on google January 3rd,  while browsing the news was an article at the Daily Beast written by Christopher Moraff.

Jeff Sessions’ Marijuana Adviser Wants Doctors to Drug-Test Everyone

I had to look two or three times with my glasses on just to make sure of what I was seeing.  I checked to see if it was a spoof – and it is not – as it is being reported by a number of news sites.

I immediately thought to myself, “I wonder if Manfred Donike knew what would happen when he came up with the procedure for drug-testing?”  Did he have any idea that this testing would be used to imprison people throughout the World?  Did he know how many Children would be separated from their Parents for nominal use of any substance that the Government saw fit to deem illicit?  Did he know how many people would go to jail or prison or possibly a mental health facility for smoking Marijuana?

Then, on January 4th we wake up to this news!

Sessions to rescind Obama-era rules on non-interference with states where pot is legal

Manfred Donike was appointed director of the Institute of Biochemistry at the German Sport University in Cologne in 1977, he is THE man who was responsible for the development of drug testing which is still used today.

Single handedly he is responsible for more people being imprisoned or confined in facilities for drug use than any other person on Earth.   Whether or not he realized at the time what would happen we will probably never know.   Continuing long after his death the long arm of drug testing has nestled into every Country on the face of the planet and threatens to control all of Society at large for a long time to come… 

His lab work also led to the massive drug bust at the 1983 Pan American Games  LINK

Dr. Robert Dupont formerly of NIDA, Kevin Sabet of Smart Approaches to Marijuana (SAM), and several other notable anti-legalization Activists joined Mr. Sessions in a meeting to discuss the situation regarding the many States who have “legalized” Marijuana in December. 

“I think it’s a big issue for America, for the country, and I’m of the general view that this is not a healthy substance,”  USAG Jeff Sessions  LINK       VIDEO LINK

As the meeting was closed-door there was no initial reports except to the fact that it did take place.  Mr. Sessions said this about the meeting…

We’re working on that very hard right now,” he said on Wednesday. “We had meetings yesterday and talked about it at some length. It’s my view that the use of marijuana is detrimental and we should not give encouragement in any way to it. And it represents a federal violation which is in the law and is subject to being enforced, and our priorities will have to be focused on all the things and challenges that we face.”(USAG Sessions) LINK

As of this morning, we know what he decided to do!  The “COLE MEMO” will be rescinded.

(CNN)In a seismic shift, Attorney General Jeff Sessions will announce Thursday that he is rescinding a trio of memos from the Obama administration that adopted a policy of non-interference with marijuana-friendly state laws, according to a source with knowledge of the decision. LINK

If anyone thinks that it is not feasible for the Federal Government to drug-test everyone, they would be wrong.  The health-care system is set up as a monitoring system.  At some point everyone will have to see a doctor for illness. 

A national model bill Dr. DuPont wrote in 2010 called for testing  anyone stopped for suspicion of DUI for all controlled substances, and arresting them if any trace amount at all is detected.

“Doctors already check for things like cholesterol and blood sugar, why not test for illicit drugs.”

— Dr. Robert DuPont

Ultimately, it will all lead you back to Agenda 21/30.  The total control of the people through the food and medicine (and plants) you consume.  Add to that drug testing at your local PCP and the NWO has us rounded up pretty well.

The principle of fair play forbids saying someone is guilty without evidence.”

Therefore, we MUST have evidence.  And what better way to have the evidence at hand than to routinely urine test every citizen  as part of our healthcare, as a way to keep us free from addiction?  Not to mention the fact that it is all conveniently entered into a computerized health care system for easy access by any Federal entity that is deemed appropriate at the time.  Sounds like a great plan to me…(!!) if I were interested in maintaining total control over the population and keeping the prison industrial complex flowing…

Additionally, there was an article written by R. William Davis, entitled “Shadow of the Swastika – The Elkhorn Manifesto” which outlines the historical avenues which were taken to get us where we are at today.  Today, on the anniversary of Gatewood Galbraith’s death I invite you to take a look at it.  It is a very interesting and informative read.

After the morning news today there isn’t much more to be said about what is happening unless they literally declare martial law across the Nation just to control the potheads.

I can’t wait for the new “memo” to come out!

I’ll keep you informed…

RELATED:

“Rights and freedoms may in no case be exercised contrary to purposes and principles of the United Nations.” HOW THE UNITED NATIONS IS STEALING OUR “UNALIENABLE RIGHTS” TO GROW FOOD AND MEDICINE THROUGH THE U.N. CONVENTION ON NARCOTIC DRUGS AND AGENDA 21.

IMG_20140509_134339

https://www.thedailybeast.com/jeff-sessions-marijuana-adviser-wants-doctors-to-drug-test-everyone

https://www.youtube.com/watch?v=txukr5zgHnw

https://www.c-span.org/video/?438309-1/attorney-general-sessions-makes-remarks-drug-policy

https://www.cbsnews.com/news/flo-jo-passed-all-drug-tests/

https://www.marijuanamoment.net/jeff-sessions-just-met-anti-marijuana-activists/

https://www.marijuanamoment.net/trump-administration-considering-marijuana-policy-changes-sessions-says/

https://fis.dshs-koeln.de/portal/en/organisations/manfreddonikeinstitut(370032ec-cc3e-4785-b263-4c184c4f91f8).html

https://www.agilent.com/en/manfred-donike-award

https://www.ncbi.nlm.nih.gov/pubmed/27732762

http://mdi-workshop.com/login.php

http://articles.chicagotribune.com/1995-08-22/news/9508220085_1_doping-chinese-athletes-drug-testing

https://en.wikipedia.org/wiki/Munich_massacre

https://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf

https://kentuckymarijuanaparty.com/in-remembrance-of/gatewood/

https://kentuckymarijuanaparty.com/2015/10/26/rights-and-freedoms-may-in-no-case-be-exercised-contrary-to-purposes-and-principles-of-the-united-nations-how-the-united-nations-is-stealing-our-unalienable-rights-to-grow/

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Facebook Posts Indicate That Once Again, Dana Beal Has Been Arrested

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John Penley

Dana Beal [seen here speaking at the DNC protests in Philly] has just been arrested again for transporting a load of marijuana in Weaverville, California.

   SOURCE

Wayward Bill

Bummer. A fellow Yippie and friend.
Dana Beal BUSTED IN NORTHERN CALIF
BUSTED YESTERDAY IN TRINITY COUNTY, CALIFORNIA….
HE IS LOCATED AT :
TRINITY COUNTY SHERIFF’S OFFICE
101 MEMORIAL DRIVE
P.O. BOX 1228
WEAVERVILLE, CA 96093

TRINITY COUNTY JAIL FACILITY
101 MEMORIAL DRIVE
P.O. BOX 1119
WEAVERVILLE, CA 96093

(530) 623-2611
Fax: (530) 623-8180

Follow Aron Kay ‘s wall for details and updates.

Updates will follow…

40 YEARS FOR MARIJUANA IS NOT JUSTICE

GRANT CLEMENCY TO OUR SON EDWIN RUBIS – 40 YEARS FOR MARIJUANA IS NOT JUSTICE

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Jeremy Malone Huntsville, AL

Our son, Edwin Rubis, is serving a federal sentence of 40 years for a non-violent marijuana offense. [www.marijuanaliferproject.org/federal-prisoner-edwin-rubis-is-serving-life-for-marijuana/

At age 29, our son, while battling drug addiction, associated himself with drug couriers, and was charged with conspiracy to distribute marijuana. After his arrest, his court-appointed attorney advised him, along with us, that he needed to provide information on others in the drug trade. Edwin could not provide such information. Therefore, he was quickly deemed “uncooperative”, and the judge gave him a harsh sentence – 40 years.

Edwin has been away from us for the last 19 years.

During the course of time, we have adamantly petitioned, and at times cried, for his early release, at every level of the court system. Sadly to say, we continue to struggle, missing him, with no positive resolution to obtain his freedom. Edwin’s children need him. We need him. Our son is not a terrorist, a rapist, a gang member, nor a violent individual to continually be kept in prison for decades for distributing marijuana. While imprisoned, Edwin has taken diligent steps to better himself. He has achieved numerous rehabilitation programs from the psychology and religious departments. He has graduated from college with a degree in Religious Education; and he is currently pursuing a Master’s degree in Counseling and Therapist Certification. In addition, he serves as a mentor to others, under the supervision of the head chaplain. He is also working as a G.E.D. and E.S.L. tutor in the education department, at his present institution of confinement, helping others further their education. In addition, Edwin also finished a 2 year dental apprenticeship from The Department of Labor, and worked as a dental assistant for the last 7 years in the medical department.

We love our son, [uncle, father, and brother]. We wish for him to receive another chance at life. But our dream for him to be reunited with us, can not be accomplished without your full support.

Please help us obtain our son’s freedom by signing this petition urging President Donald Trump to grant our son clemency or a pardon.

Edwin is a changed man. He has been fully rehabilitated and deserves a second chance at life.

Sincerely, Maria Roque – and – Family.

PLEASE CONTINUE READING AND SIGN THE PETITION TO FREE THIS MAN NOW!

Thorne Peters and Rebecca Forbes discuss “No Mens Rae” and her charge of Cannabis possession

no mens rae

http://www.thornepeters.com/nomensrea.html


LISTEN to CANNABIS Advocate Rebecca Forbes who stood up to the Court, the prosecution and her own lawyer with the lawful offensive of NO MENS REA against her CANNABIS Prohibition charge and set herself FREE! #NOMENSREA

Thorne Peters Rebecca Forbes

Additional Video…

Thorne Peters No Mens Rae

Thorne Peters SPEAK NOT ON POT!!!!!! JUST SAY: ‘NO MENS REA” then STFU! We don’t need no LEGISLATION! We don’t need no MEDICALIZATION! We don’t need no DECRIMINALIZATION! We don’t need no JURY NULLIFICATION! We don’t need no ABROGATION! We don’t need no JUSTIFICATION! If you or yours are unjustly arrested for PROHIBITION charges, you must proceed PRO SE to jury trial and just say: “NO MENS REA” . . . the lawful offensive to prove that we are FREE by birth not Slave to LEGISLATON! “I AM THE LAW!” “LIVE ON FB” DAILY @4:20 PM ET . . . #NOMENSREA
https://www.facebook.com/thorne.peters/videos/vb.100002110628199/1122133367867007/?type=2&theater

'ATTENTION! WARNING! DANGER! HARK & PAY HEED!!! JUST SAY: “NO MENS REA!” THEN STFU! PpP! LIKE & SHARE! TAG! NO MORE BLAH BLAH BLAH!  "SPEAK NOT ON POT!" 

EWE THE SHEEPLE are leading lambs to the slaughter with IDIOTOLOGIES such as but not limited to: ABROGATING; MEDICALIZING; DECRIMINALIZING; RESCHEDULING; COGNITIVE DISSONANCE; STRAW MAN; and JURY NULLIFICATION by seeking PROPOSITIONS, LEGISLATION, BILLS, ORDINANCES and PROPOSALS to set us FREE from CANNABIS Prohibition which only supports the position of THE EVIL EMPIRE that enslaves POTHEADZ! POT IS ALREADY LEGAL ALREADY! WE ARE FREE! NO MENS REA! THE FINAL 3 LEGAL WORDS ON THE ISSUE OF CANNABIS FREEDOM FOR ALL . . . and to all a good night! @[100008822553684:2048:Sydney Ballans] @[1162689282:2048:Matt Steinbruck] @[100012166653601:2048:Jonathan Cowart] @[100004487827821:2048:Freya Nino Crow] @[100000250565705:2048:David Nicewarner] @[1426015574:2048:David Babcock] @[100000871728026:2048:Carol Ann Cripps] @[100005886723807:2048:KJ Adamson] @[100001614765211:2048:Richard Hengy] @[100013590918692:2048:Raven Rodriguez] @[100000820750977:2048:Robert Chris Rhea] @[1057767250:2048:Jimmy Vachon] @[100003742462181:2048:Faith Alexandria Oglesby] Falon Hodnett @[1310076699:2048:Charles N Harper Reece] @[1588404774:2048:Troy Harper] @[100000083683847:2048:Rodney Shook] @[1511791133:2048:Rebecca Forbes] @[100000070644829:2048:Carmel Garcia] @[100010115767308:2048:Jack Cole] @[100000280113159:2048:Alan Gordon] @[100002546279203:2048:Matthew Fogg] @[100004126487793:2048:Edward Winborne] @[335844186556925:274:NJ Weedman] Kelly Jacobs @[100009727292480:2048:Jane L Stanley] @[501687:2048:Austin Lewis] @[1120661189:2048:Phil Harris] @[100003673843324:2048:Sway Trebor]'

14:59

http://www.thornepeters.com/nomensrea.html

https://www.facebook.com/groups/333773793715599/

https://www.facebook.com/thorne.peters/videos/1507763532637320/

SITSA creates a new “Schedule A” that gives the Attorney General of the United States the power to ban any “analogue” of an opioid that controls pain or provides an increase of energy.

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Kratom Advocates:

If you’ve had one of those days that starts with friends calling you with bad news, and the news just gets worse and worse as the day goes on – then that describes my day perfectly.

On Friday of last week, Sen. Chuck Grassley of Iowa, and Sen. Dianne Feinstein of California, dropped a bill in the U.S. Senate that our lobbyists believe will give the FDA and DEA a backdoor way of banning kratom completely in the United States.

S. 1327 is euphemistically called the SITSA Act.  And a companion bill in the US House of Representatives has already been filed, H.R. 2851, by Representative John Katco of New York.

The SITSA Act stands for the “Stop Importation and Trafficking of Synthetic Analogues Act of 2017.”
SITSA creates a new “Schedule A” that gives the Attorney General of the United States the power to ban any “analogue” of an opioid that controls pain or provides an increase of energy.

That is kratom. Because kratom’s 2 primary alkaloids, mitragynine and 7-hydroxymitragynine, though not opioids, act similarly in some ways.
They could of just called this bill the “Schedule Kratom” Act.

This legislation will allow the Attorney General, and his supporters at the DEA, to add kratom to Schedule A on a “temporary basis” that will last for 5 years.
And once added to Schedule A, the Attorney General can convert it to a permanent schedule.
After everything that we’ve fought successfully against and endured together as a movement, our lobbyists are concerned that this is now the perfect storm for banning kratom.

Under the current Controlled Substances Act, the FDA and DEA have to prove conclusively that kratom is dangerously addictive and unsafe for consumer use. That’s why we were able to stop them in their tracks when they tried to ram through an “emergency scheduling” ban on kratom.

And it is why the FDA is having such a tough time in finding some justification to schedule kratom under regular rulemaking.

So now the anti-kratom bureaucrats in Washington want to ban kratom simply by claiming it has the same effects as an opioid – calling it an “analogue” of the opioid.

And the SITSA Act can enforce a ban on kratom by criminalizing any manufacturer or distributor of kratom. Ten years imprisonment just for manufacturing or selling a kratom product, and a fine of $500,000 if you are an individual, $2,500,000 if the defendant is a company.

If you import or export kratom, it is a 20-year sentence.

And then there are harsh penalties for what they call “false labeling” of a Schedule A substance.
That’s why am writing – because I need your help again.

We have to convince Sen. Grassley, Sen. Feinstein, and Representative Katko that they have to exempt natural botanical plants from the SITSA Act.
We have to act quickly, because I learned today that the House Judiciary Committee is looking to schedule a Hearing before they leave for recess next month.

So I hope you will help by doing three specific things:

1.    Click on the link below and sign our petition that the AKA will have delivered to every member of the Senate and House Judiciary Committees. 

PLEASE SIGN THIS PETITION URGING LAWMAKERS TO REMOVE KRATOM FROM THE SITSA ACT.

2.    I need you to pick up the phone and call Sen. Grassley’s office, Sen. Feinstein’s office, and Representative Katco’s office. When the staff member answers the phone, tell them that their boss should exclude natural botanicals like kratom products from the SITSA Act.

Here are the phone numbers you should call:

Senator Grassley:    (202) 224-3744
Senator Feinstein:    (202) 224-3841
Congressman Katco:    (202) 225-3701

When you call, be polite, but firm.  Kratom should be exempted from SITSA.

3.    Please click on the donation link below and help us once again to take on this fight with a team of lawyers, lobbyists, and public relations professionals.  Please consider making a monthly contribution to the AKA.

DONATION LINK TO HELP THE AKA FIGHT THIS LEGISLATION.

I know I am asking a lot.

But we need to fight back hard, or they will steal our freedoms from us to make our own decisions about our health and well-being.

So please, sign the petition, call the the sponsors of SITSA, and please, please, give as generous a contribution as you can to help us put our team on the ground in Washington, D.C.

With your help, we have established ourselves as a real force in Washington.

With your continued help – help that I am so grateful for – we can win this battle against the enemies of kratom.

Your contribution will help us hire the lawyers we need for a brief on why this legislation violates due process and current law; our lobbyists to knock on doors on Capitol Hill; and our public relations team to rally the press to tell our story.

We will stand up for freedom.

Thank you for your continued support.

Sincerely,

Susan Ash
Founder and Spokesperson
American Kratom Association
www.americankratom.org

http://mailchi.mp/americankratom/new-legislative-attack-on-kratom?e=2709219685

https://www.facebook.com/kratom.us/photos/rpp.260289027341069/873568049346494/?type=3&theater

ASSET FORFEITURE IS ALIVE AND WELL…

K9 bust Three Rivers

By Brad Devereaux | bdeverea@mlive.com
Follow on Twitter
on June 12, 2017 at 8:43 AM

THREE RIVERS, MI — Police arrested a 22-year-old Elkhart man after a traffic stop for defective equipment and a K9 search that revealed about nine ounces of marijuana, police say.

On Saturday evening, June 10, a police officer pulled over a maroon SUV for a defective equipment violation and determined the driver had a suspended license, a Three Rivers Police Department news release states.

Police arrested the driver and found a small amount of marijuana in his pocket. He refused consenting to a search of the vehicle. 

Police called in K9 Django and proceeded with a search after the investigation showed reasonable suspicion that more drugs could be in the car, police said.

Django conducted an exterior search for the odor of drugs and gave a positive alert.

Officers entered the SUV and found about nine ounces of marijuana packaged for sale. 

The man was lodged at the St. Joseph County Jail on felony drug charges. The vehicle and currency were seized under civil drug forfeiture laws, police said. 

CONTINUE READING AND TO POST COMMENT!

NORML Forms Multi-State Workplace Drug Testing Coalition

by Kevin Mahmalji, NORML Outreach Coordinator February 14, 2017

The fact that 190 million Americans now live in states where marijuana has been legalized to some degree is raising a number of questions and issues about how to integrate the American workforce and marijuana consumers rights in regards to drug testing. With medical marijuana is legal in 29 states and recreational marijuana for adult use in 8 states and Washington DC, millions of responsible and otherwise law-abiding adults remain at risk of being excluded from the workforce due to a positive drug test — even where the use does not affect an individual’s job performance or has taken place days or weeks prior to the test.

NORML believes that this practice is discriminatory and defies common sense. As a result, a growing coalition of NORML Chapters in California, Oregon, Colorado and Washington have come together to advocate for necessary legislative and workplace reforms to protect responsible marijuana consumers.

NORML’s Workplace Drug Testing Coalition’s efforts will focus on these four areas:

  1. Reform workplace drug testing policies
  2. Expand employment opportunities for marijuana consumers
  3. Clarify the difference between detection technology and performance testing
  4. Highlight off-duty state law legal protections for employees

“Even though marijuana is legal and readily available in several states, consumers are being unfairly forced to choose between their job and consuming off the clock as a result of out-of-date employment practices,” said Kevin Mahmalji, National Outreach Coordinator for NORML. “That is why many NORML chapters active in legal states are now shifting their attention to protecting honest, hardworking marijuana consumers from these sort of antiquated, discriminatory workplace drug-testing practices, in particular the use of random suspicionless urine testing.”

Employer testing of applicants or employees for trace metabolites (inert waste-products) of past use of a legal substance makes no sense in the 21st century.  This activity is particularly discriminatory in the case of marijuana where such metabolites may be detectable for weeks or even months after the consumer has ceased use.

With the 2017 Legislative Session underway, this issue is finally getting the attention it deserves. Legislation has already been introduced in Oregon and Washington, and is gaining traction in those states.

“Random suspicionless drug testing of applicants or employees for past marijuana use is not just unfair and discriminatory, it’s bad for business,” said attorney Judd Golden of Boulder, Colorado, a long-time NORML activist and Coalition spokesperson. The modern workforce includes countless qualified people like Brandon Coats of Colorado, a paraplegic medical marijuana patient who never was impaired on the job and had an unblemished work record. Brandon was fired from a Fortune 500 company after a random drug test, and lost his case in the Colorado Supreme Court in 2015. The Court unfortunately found Colorado’s lawful off-duty activities law that protects employees for legal activities on their own time didn’t apply to marijuana use.

California NORML is also expecting legislation to be introduced this session to address this issue. Ellen Komp, deputy director of California NORML said, “One of the most frequently asked questions we have been getting since Prop. 64 passed legalizing adult marijuana use in California last November is, ‘Am I now protected against drug testing on my job?’ Sadly in our state, not even medical marijuana patients are protected against job discrimination, and it’s a priority of Cal NORML to change that. We are hoping to get a bill introduced at the state level and are working with legislators, unions, and other reform groups to make that happen.”

NORML Chapters across the country are advocating on behalf of the rights of responsible marijuana consumers against discrimination in the workplace. “Our coalition was formed with the intention of not only educating legislators, but also with businesses in mind.  It is important they know testing for marijuana is not mandatory, and that employers have testing options,” said Jordan Person, executive director for Denver NORML. The Denver chapter is currently working with companies that offer performance impairment testing of workers suspected of on-the-job impairment or use rather than unreliable bodily fluid testing to help provide options for employers.

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For decades drug testing companies and others have pushed their agenda through a campaign of misinformation. Until now there has never been an organized effort to challenge the profit- driven ideology of those who seek to benefit from intrusive drug screening. Mounting evidence continues to prove there is no logical reason why adult marijuana consumers should be treated with any less respect, restricted more severely, and denied the same privileges we extend to responsible adults who enjoy a casual cocktail after a long day at the office.

For legal questions, please contact Coalition spokesperson Judd Golden at juddgolden@outlook.com. For other marijuana related questions or an interview, please contact Kevin Mahmalji at kevinm@norml.org.

CONTINUE READING…

Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001 (hereafter known as the Patriot Act, because that name is long and dumb)

Data shows Patriot Act used more often to justify drug warrants, not terrorism ones

by Miranda Nelson on September 8th, 2011 at 11:24 AM

 

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New York Magazine has put out an incredibly detailed compendium of 9/11 information on the eve of the 10th anniversary of the attacks that left over 3,000 people dead. The September 11 attacks, as you’re well aware, were the impetus (or used as justification, depending on how cynical you are) for pushing through the USA PATRIOT ACT, which was hurriedly signed into law on October 26, 2001.

One of the main focuses of the Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001 (hereafter known as the Patriot Act, because that name is long and dumb) is Title II, which is all about surveillance. That’s right: even though those dastardly terrorists who hate our freedom came from overseas (as was the rhetoric beaten into the collective consciousness post 9/11), the U.S. government thought it was prudent to pass a bunch of surveillance laws so it could spy on its own citizens.

Let me quote the relevant section before we proceed:

SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.

…(b) DELAY- With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if–

(1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result (as defined in section 2705);

Delayed-notice search warrants: we won’t tell you we’re breaking into your house to look around if we think there will be adverse results, like you calling up your terrorist buddies to let them know we’re on to you.

Something seems wrong with this graph (courtesy New York Magazine).

But between 2006 and 2009, do you know how many times the Patriot Act was used to issue delayed-notice warrants relating to terrorists and related activities? That would be a whole 15 times—even though the act mentions the word terrorism 161 times and terrorism 175 times.

Aside: did you know that not a single person has been brought to justice on American soil for those deaths?

In the same time period, New York Magazine reports that 1,618 delayed-notice search warrants were issued in relation to drugs and related activity. If you had any doubts about the true mandate of the Patriot Act, doubt no longer. Congratulations America on using a senseless tragedy to justify targeting marijuana users!

And why am I concluding that these people are primarily low-level marijuana offenders and not cocaine smugglers or meth manufacturers? The statistics on arrests and imprisonment make it clear: in 2006, 829,627 marijuana-related arrests were made in the United States, 89 percent of which were for mere possession. Not for growing or selling. Just for holding onto the stuff. In 2010, 50,383 arrests were made in New York City alone for possession.

The Patriot Act: great for the War on Drugs, bad for anyone who likes to smoke a joint, laughable in regards to stopping terrorism.

Follow Miranda Nelson on Twitter at @charenton_.

CONTINUE READING…

Cannabis convict Eddy Lepp free from prison

Lepp, age 64, hailed as a “marijuana martyr” by supporters

 

By Lisa M. Krieger | lkrieger@bayareanewsgroup.com

PUBLISHED: December 7, 2016 at 9:59 am | UPDATED: December 8, 2016 at 9:16 am

 

Image result for eddy lepp

 

SAN FRANCISCO — Free after eight years of federal imprisonment, one of the nation’s most celebrated cannabis convicts came home to California on Wednesday, walking off a United Airlines flight into the warm embrace of supporters — and a profoundly changed world.

Charles “Eddy” Lepp, a defiant 64-year-old Vietnam vet and ordained Rastafarian minister, was convicted on federal felony charges in 2007 for doing something that California now considers legal because of last month’s passage of Proposition 64: growing marijuana.

 

“I’m very honored. I’m very humbled. Thank you so much for caring,” Lepp told friends and family at San Francisco International Airport, tears streaming down his creased cheeks.

Then he vowed to fight for national legalization of cannabis and presidential pardons for first-time nonviolent drug offenders.

“Just because I went to federal prison doesn’t mean I got off the horse,” said Lepp, who will be on drug-monitored probation for five years. “It is still a long, long ride — and I’ll be there when it’s done.”


Read the full story and find more California cannabis news at TheCannifornian.com.

SOURCE LINK

Class-action suit challenges constitutionality of civil forfeiture

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

 

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

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

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

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

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

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

Criminal defense attorney Jeff Cardella stands in front

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

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

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

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

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

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

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

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

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

Civil forfeiture around the country

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

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

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

There is also room for interpretation at the state level.

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

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

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

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

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

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

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

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

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

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

INDIANAPOLIS STAR

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

Challenges coming from all sides

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

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

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

INDIANAPOLIS STAR

Indy civil forfeiture lawsuit will proceed

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

The case has yet to be decided.

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

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

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

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

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

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

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