Category Archives: Marijuana and the Law

#WeAreKY But #ThisIsKY…Story of Elihu Shepherd

The incident leading to Gary’s killing began on a Sunday morning in August of 1993, when a helicopter on loan from the Kentucky National Guard was landed by officers of the Governor’s Marijuana Strike Force in a field adjacent to Gary Shepherd’s rural home. An officer familiar with Gary approached and told him that he was going to come in and cut down the dozen plants which were maturing around the perimeter of his property. Gary denied him entrance, saying it would happen “over [his] dead body.” Using Gary’s invocation of this metaphor as a pretext for his murder, the officer departed and called in additional officers, who covertly blockaded all routes to Gary’s house and began to monitor his movements.  LINK

In August of 1993, in Rockcastle County Kentucky, a four year old child watched his Father, Gary Shephard shot and killed by the Sheriff’s Department and Kentucky State Police, over a few Cannabis plants which his father used for medicine for pain and PTSD after serving in the Vietnam War…

This is his story…

(Please view in its entirety)

elihu

This factual story needs to be heard by everyone that lives in Kentucky.

Yes, #WeAreKentucky BUT #ThisISKentucky

https://www.facebook.com/Jacobelihu/posts/10218238922543418

https://www.drcnet.org/guide2-95/gary.html

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New Congressional Marijuana Bill Is Actually Numbered H.R. 420

Tom Angell Contributor

In a hat tip to marijuana culture, lawmakers on Capitol Hill have officially reserved the number H.R. 420 for a bill that would dramatically change federal cannabis laws.

420, of course, is a special number for marijuana enthusiasts, who celebrate the plant extra hard every April 20.

The new bill filed in the House on Wednesday by Rep. Earl Blumenauer (D-OR) is titled the Regulate Marijuana Like Alcohol Act. If passed, it would remove cannabis from the federal Controlled Substances Act.

“While the bill number may be a bit tongue in cheek, the issue is very serious. Our federal marijuana laws are outdated, out of touch and have negatively impacted countless lives,” Blumenauer said in a press release. “Congress cannot continue to be out of touch with a movement that a growing majority of Americans support. It’s time to end this senseless prohibition.”

This isn’t the first time that 420 has worked its way into official legislative numbering.

California’s first effort to create statewide medical cannabis regulations was through a bill numbered SB 420 in 2003.

In 2017, a Rhode Island senator filed a marijuana legalization bill given the designation of S 420.

And on Capitol Hill, the first time the House voted on measure to block the Department of Justice from interfering with state medical cannabis laws, it was through an amendment considered under 2003’s Roll Call 420.

The current legislation, which Blumenauer picked up from former Rep. Jared Polis (D-CO), who was sworn in on Tuesday as Colorado’s new governor, would also transfer cannabis enforcement authority from Drug Enforcement Administration to a renamed Bureau of Alcohol, Tobacco, Marijuana, Firearms and Explosives.

A similarly renamed Alcohol, Tobacco and Marijuana Tax and Trade Bureau within the Department of the Treasury would also have oversight authority, as would the Food and Drug Administration. Federal permits would be issued for cultivating, packaging, selling and importing marijuana.

Shipping or transporting marijuana into states that have not legalized it would be prohibited.

Last Congress, Polis’s version of the bill garnered 26 cosponsors.

Separately, Blumenauer recently released a step-by-step plan to federally legalize marijuana in 2019.

His new bill is the third piece of standalone cannabis legislation filed in the new Congress, which began last week.

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“…a man was sentenced to death for giving medical grade cannabis oils to patients in need.”

Malaysian Court Sentences Man to Death for Distributing Free Cannabis Oil

A man in Malaysia was sentenced to death after giving medical marijuana to patients in need.

Published 3 weeks ago on September 4, 2018 By Nick Lindsey

Malaysian Court Sentences Man to Death for Distributing Free Cannabis Oil

Malaysia remains a potentially dangerous place to engage in anything related to medical marijuana. And that includes distributing it free of charge to patients who could benefit from it. Just last week, a man was sentenced to death for giving medical grade cannabis oils to patients in need.

Death Sentence For Distributing Medical Marijuana

On August 30, a judge in Malaysia sentenced Muhammad Lukman Bin Mohamad to death. The sentence came after the judge found Lukman guilty of breaking the country’s notoriously strict anti-cannabis laws.

According to local news sources in Malaysia, Lukman was arrested when authorities discovered just over three liters of cannabis oil. Additionally, he was found in possession of 279 grams of compressed cannabis.

All of this occurred in December 2015. Now, nearly three years after being arrested, Lukman received his sentence. Specifically, he was found guilty of breaking Malaysia’s Dangerous Drugs Act of 1952.

This law states: “No person shall, on his own behalf or on behalf of any other person . . . traffic in a dangerous drug.” Further, the law stipulates: “Any person . . . guilty of an offence against this Act shall be punished on conviction with death.”

Given that cannabis remains an illegal substance in Malaysia, the judge ruled that this law applied to Lukman’s case. Lukman is now being held in Kajang Prison. At this time, sources indicate that he plans to appeal the decision in the country’s Court of Appeal.

Guilty for Giving Medical Marijuana to Patients

Throughout Lukman’s case, his defense argued that his acts did not constitute drug trafficking. In particular, they focused on the fact that he was not distributing recreational drugs. Instead, defense lawyers argued, Lukman was distributing medicine to patients who might not otherwise be able to get it.

Further, the defense pointed out that Lukman was not making a profit. Lukman was in fact working in cooperation with an organization that educates the public on issues related to medical marijuana.

Lukman was not profiting from his distribution, either, since patients who could not afford the product were given it for free. In addition to all this, Lukman and his defense team pointed to the growing body of scientific evidence supporting the medical use of cannabis.

Despite all this, the prosecutors maintained that Lukman still broke the country’s laws prohibiting all forms of marijuana. They also claimed that although marijuana is increasingly accepted throughout the world, there is nothing in Malyasian law that allows for the medical use of cannabis.

One Of The World’s Worst Anti-Cannabis Countries

Malaysia has long had some of the world’s most heavy handed anti-cannabis laws. Most obviously, this reputation comes from the fact that a person can still be sentenced to death for breaking certain drug laws.

But Malaysia isn’t the only country where a person can be sentenced to death for possessing, distributing, or consuming cannabis. In fact, there are still a surprisingly large number of countries throughout the world with these types of laws in the books.

Along with Malaysia, this list includes countries like China, Egypt, Singapore, Myanmar, Philippines, Nigeria, and several others.

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RELATED:

Trump wants the death penalty for drug traffickers. He’s got it.

(2)

…an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under that section…LINK

Drug dealers could get death penalty under new Trump plan

CONCLUSION:

If it can happen there, it can happen here!

Marijuana Arrests Are Increasing Despite Legalization, New FBI Data Shows

Tom Angell Contributor i  Policy  

Marijuana arrests are rising in the U.S., even as more states legalize cannabis.

There is now an average of one marijuana bust roughly every 48 seconds, according to a new FBI report released on Monday.

The increase in marijuana arrests—659,700 in 2017, compared to 653,249 in 2016—is driven by enforcement against people merely possessing the drug as opposed to selling or growing it, the data shows.

Last year, there were 599,282 marijuana possession arrests in the country, up from 587,516 in 2016. Meanwhile, busts for cannabis sales and manufacturing dropped, from 65,734 in 2016 to 60,418 in 2017.

The increase in cannabis possession arrests comes despite the fact that four additional states legalized marijuana on Election Day 2016.

While among those states, legal recreational sales were only in effect in Nevada by the end of 2017, the prohibition on possession for adults was lifted soon after the successful votes there as well as in California, Maine and Massachusetts.

“At a time when more than 100 deaths per day are caused by opioid overdoses, it is foolish to focus our limited law enforcement resources on a drug that has caused literally zero,” Don Murphy, federal policies director for the Marijuana Policy Project said in an interview.

“Actions by law enforcement run counter to both public support and basic morality,” added NORML Political Director Justin Strekal. “In a day and age where twenty percent of the population lives in states which have legalized and nearly every state has some legal protections for medical cannabis or its extract, the time for lawmakers to end this senseless and cruel prohibition that ruins lives.”

Overall, marijuana arrests made up 40.4% of the nation’s 1,632,921 drug arrests in 2017.

Drug arrests as a whole also increased last year, up from 1,572,579 in 2016.

There is now a drug bust every 19 seconds in the U.S.

I’m a 15-year veteran of the cannabis law reform movement, and I know where to look to spot the most interesting legalization developments. I’m the editor of the cannabis news site Marijuana Moment, and I founded the nonprofit Marijuana Majority. Follow me on Twitter to s…

MORE

Tom Angell publishes Marijuana Moment news and founded the nonprofit Marijuana Majority. Follow Tom on Twitter for breaking news and subscribe to his daily newsletter.

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NOVA SCOTIA CANADA: Once again it seems that you can’t grow Cannabis and treat licensed patients, even if Cannabis is “legal”…

NOVA SCOTIA CANADA:  Once again it seems that you can’t grow Cannabis and treat licensed  patients, even if Cannabis is “legal”.

At approximately 10:30am on September 5th, Rev. Daren McCormick and Rev. Kevin James were visited by the RCMP at which time they proceeded to search their property located in Loch Broom Nova Scotia Canada, where they were growing Cannabis for            Patients.  Rev. Kevin James explained to RCMP that they were licensed plants and who they belonged to.  The RCMP produced no warrant yet they proceeded to search both outside and inside their home.

They were  both incarcerated by the RCMP for growing, and trafficking Cannabis.  They both remained incarcerated for 24 hours before being released.  Rev. Kevin James was denied medication for seizures during the stay.

Over 1000 plants were taken by the RCMP as well as a small indoor  grow. Personal items of the two men were taken in the search such as legal documents, witness lists and an antique Bow that hung above the fireplace belonging to Daren’s Grandfather, a family     heirloom dating back to 1915 that yielded no threat to anyone.

The garden of Cannabis is estimated to be worth well over a million dollars plus and it has been destroyed.  You can’t give back a plant that was pulled from the ground in its natural growing state!

Image may contain: 1 person, smiling, hat   Image may contain: 1 person, standing, sky, plant, tree, grass, outdoor and nature

WE OPERATE UNDER CANNATHEISM and our congregational collective is via the Church of the Universe: the Universe is our Church

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Above:  The Global Incident Map publishes the bust.

Pictou RCMP dismantle grow-op, seize marijuana in Loch Broom

Image may contain: dog, plant, outdoor and nature

Above:  Rev. Kevin James Service Dog “Molly” was not charged in the raid!

He has also posted these status updates on Facebook concerning the events:

FROM ONE HONORABLE MAN TO ANOTHER

FOR POSTING US ON THIS MAP 🙂 DOES THIS MEAN WE MADE IT TO THE BIG BOY LIST LOL

FACEBOOK LAND OF CANNABIS ACTIVISTS AND OIL MAKERS AND HEALERS…

“Officers of the court have no immunity, when violating a constitutional right, for they are deemed to know the law”

I just read the search warrant they used to destroy the plants.

Daren Mccormick has 4 new cannabis charges, and i have 5 new charges… in last 10 days… heads up…

AFTER HAVING BEEN CONTACTED BY SEVERAL PATIENTS WE TENDED GARDENS FOR FROM ACROSS CANADA..

Q. If a patient revokes the DG status of a grower and they get caught growing anyway… say 850 plants x 4 crops a year and do it for 4 years or so…. and the patient receives zero from their garden… thats diversion…

RELATED:

ARTICLES ON KENTUCKY MARIJUANA PARTY ABOUT DAREN

TKP Thorne Peters Sits In The ‘Hole’, Over Five Months After His Arrest…

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#NOMENSREA #IAMTHELAW      “When we all say it we all go free”.

Thorne Peters has authored nine books, and is working on the tenth one from the Shelby County penal farm in Memphis, TN.,  He is a  songwriter, singer,  and human rights activist.   But it seems that they can offer him neither pen nor paper in order to work on his case nor to write his book.

Thorne Peters currently sits in “the hole” at the Memphis penal farm as he fights for everyone’s rights, #NOMENSREA against Cannabis Prohibition.

Thorne Peters entered the public eye in 2009, when he made local news for operating a “420” friendly nightclub in Millington. The self-proclaimed “Poet Laureate of Planet Earth” was an easy target for local media when he turned down a guilty plea and decided to do 19 months in jail while waiting to go to trial  LINK

Below is the latest message from TKP Thorne Peters from the Penal Farm in Memphis Tennessee.  Please listen to his message, and then write him a card or letter (address below), and let him know you are thinking of him, as well as all the others who have been unjustly caught up in the drug war, most notably the war on Cannabis!

Please listen to entire video!

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NEXT:

Please call AMY WEIRICH; D.A., Memphis, TN (901) 222-1300 and say “Try THE KINGPIN! There is NO MENS REA!”

And also call the Tennessee Governor at (615) 741-2001 and say “investigate THE KINGPIN conspiracy… #NOMENSREA

 THEN:

Visit ThornePeters.com and click the ‘420 NITE CLUB BUST’ and ‘CONSPIRACY’ banners to get the story on the now TEN YEAR CONSPIRACY against THE KINGPIN THORNE PETERS that lead to this moment.

And last but not least, please DONATE to the “Freedom Fund”!

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Above:  Thorne Peters, The Kingpin, speaks at Overton Park before going to 201 Poplar, Memphis City Jail and Courthouse, to smoke pot on the steps and go to jail at 4:20pm on 04/20/2010. LINK

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Above:  Link to TKP Thorne Peters YOUTUBE Channel.

Please follow Linda Harrah on Facebook for updates!

Please write to TKP Thorne Peters at this address:

Shelby County Correctional Center

RNI# 389985

1045 Mullins Station Road

Memphis, TN  38134

RELATED:

THORNE PETERS ARTICLES ON KENTUCKY MARIJUANA PARTY

TN Department of Correction

A Perfect Storm : Investigating Tennessee’s Prison System – WSMV Channel 4 I-Team Special

Sessions Says States Are Free To Legalize Marijuana, But DOJ Can Enforce Federal Law

July 26, 2018 By Tom Angell

States are free to legalize marijuana, U.S. Attorney General Jeff Sessions said on Thursday, but his department plans to continue enforcing federal prohibition anyway.

“Personally my view is that the American republic will not be better if there are marijuana sales on every street corner,” Sessions said in response to a reporter’s question. “But states have a right to set their own laws and will do so.”

Sessions, speaking at a press conference in Boston about unrelated fraud prosecutions, said that when it comes to marijuana, “we’ll enforce the federal law.”

“The federal law remains the law of the United States.”

See video of Sessions’s new marijuana comments below, courtesy of MassLive:  (LINK)

A growing number of states are moving to legalize marijuana for recreational or medical use.

But while federal cannabis prohibition remains on the books for now, momentum for reform is gaining traction in Congress.

Last month, President Trump voiced support for bipartisan legislation that would let states enact their own marijuana policies without federal interference.

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Arizona court: Hashish not included in medical marijuana law

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An Arizona court has ruled that medical marijuana patients can still face arrest when in possession of hashish because it isn’t mentioned or included by name in a voter-approved pot initiative passed in 2010.

The Arizona Court of Appeals handed down the decision Tuesday in the case of Rodney Jones, a cardholder in the state’s medical marijuana program who was arrested in March 2013 at a Prescott hotel and indicted on a count each of cannabis possession and drug paraphernalia possession.

Police said at the time they had found Jones had 0.05 ounces of hashish in a jar, according to the appeals court ruling. After spending a year in jail, Jones waived his right to a jury trial in the case. He was later convicted and sentenced to more than two years in prison with credit for time served.

In his appeal, Jones had sought to have his conviction and sentence overturned by the court. But two of the judges on the three-member appeals court panel rejected his request, saying that the state’s medical marijuana act approved in 2010 “is silent” on hashish.

“If the drafters wanted to immunize the possession of hashish they should have said so,” the ruling said. “We cannot conclude that Arizona voters intended to do so.”

Hashish is a resin extracted from cannabis plants, and it is often used in oils and other medical marijuana products that are a part of the nation’s burgeoning, multibillion pot market.

The ruling had found that hashish is recognized under state law as a narcotic distinct from marijuana by the Legislature because of its potency levels.

Jones’ attorney did not immediately return a call requesting comment Wednesday.

Sarah Mayhew, who represented the Arizona Attorneys for Criminal Justice in supporting Jones in the lawsuit, said the parties would appeal the case to the Arizona Supreme Court.

“There are several things in this ruling that are just flat-out wrong,” said Mayhew, also an attorney in the Pima County Public Defender’s office.

She said the court had sought to apply marijuana and cannabis definitions in the state’s criminal code to the language drafted by medical marijuana advocates in the 2010 ballot initiative.

Voters had approved the medical marijuana act in order to provide broad protections to people seeking to access pot for medicinal reasons, she said.

By taking this step, the court narrowed the intent of the voters, Mayhew argued.

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Canadians Who Smoke Legal Weed Could Be Banned From U.S. For Life

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By Jason Lemon On 6/26/18

Marijuana will be legal for recreational use in Canada on October 17, but despite legalization, Canadians who admit using cannabis could be banned permanently from entering the U.S.

“It’s basically black and white—if you admit to a U.S. border officer at a U.S. port of entry that you’ve smoked marijuana in the past, whether it’s in Canada or the U.S., you will be barred entry for life to the United States,”

immigration lawyer Len Saunders told CTV News on Tuesday.

Saunders said he believes U.S. border agents will begin asking the question more frequently once Canada’s new marijuana legislation is implemented later this year. However, Canadians also have the right not to answer the question, he said. Although the questioned individual may be denied entry to the U.S. after refusing to answer, it will only be for that day and not a permanent ban, Saunders explained.

Prior to Ottawa’s decision to legalize recreational cannabis last week, conservative Canadian lawmakers met with U.S. Attorney General Jeff Sessions. According to reports, Sessions warned the elected officials that Canadians could face problems at the U.S. border if legalization moved forward.

Despite the fact that nine states and the nation’s capital, Washington D.C., have legalized recreational marijuana—and 29 states have legalized it for medical purposes—cannabis remains completely illegal under U.S. federal law. While the administration of former President Barack Obama implemented guidelines against prosecuting marijuana businesses that were legal on the state level, Sessions has taken a tougher stance.

The Canadian government has warned citizens on its website that legal cannabis use could still cause problems when traveling abroad. “Cannabis is illegal in most countries,” the website said. “Previous use of cannabis, or any other substance prohibited by local law, could result in a traveler being denied entry to their destination country.”

Keep up with this story and more by subscribing now

Banned Canadians could still apply for temporary waivers to visit the U.S., according to Saunders. But their visa-free travel access would forever be revoked under current immigration laws.

Commenting on Canada’s decision to legalize marijuana, Hannah Hetzer, senior international policy manager at Drug Policy Alliance, told Newsweek it would be bizarre for the U.S. federal government to take a strong stand against the move.

“It would be very hypocritical for the U.S. federal government to come out staunchly against Canada’s legalization and be incredibly vocal about it,” Hetzer said, “because it puts the U.S. government in an uncomfortable position, where it’s still illegal on the federal level [but legal for recreation and medical use in many states].”

Beyond the legal disconnect in the U.S., the majority of Americans have tried marijuana at some point in their lives, according to polls. A 2017 poll by Marist and Yahoo News found that 52 percent of Americans over the age of 18 have used cannabis in the past. Additionally, 44 percent admitted that they continue to use the drug. Comparatively, statistics in Canada show that only 49.4 percent of men and 35.8 percent of women admit to having tried pot.

Just over 60 percent of Americans support legalized recreational marijuana, according to a January poll by Pew Research. Likewise, there is growing bipartisan political support for decriminalization and legalization.

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Cases against NJ Weedman up in smoke. Prosecutors cite changing views of marijuana

Updated 9:11 AM; Posted Jun 6, 3:15 PM

Ed "NJ Weedman" Forchion reacts to someone who beeped their horn in support as he talked in front of his shuttered restaurant Friday, May 25, 2018 in Trenton, a day after he was acquitted of witness tampering and was released from jail. (Kevin Shea | For NJ.com)

Above:  Ed “NJ Weedman” Forchion reacts to someone who beeped their horn in support as he talked in front of his shuttered restaurant Friday, May 25, 2018 in Trenton, a day after he was acquitted of witness tampering and was released from jail. (Kevin Shea | For NJ.com)

By Paige Gross   pgross@njadvancemedia.com,   For NJ.com

The Mercer County Prosecutor’s Office announced Wednesday it will be dropping most of the remaining drug and related charges against Edward “NJ Weedman” stemming from a 2016 raid on his Trenton restaurant.

What is not dismissed will be downgraded to municipal court, where jail time is unlikely.

But Forchion’s not seeing this as all good news. 

Late last month, Forchion was found not guilty by a jury on third-degree witness tampering charges – a case that also grew from the drug raid.

The marijuana activist spent about 15 months detained in the Mercer County jail during two trials, and was set free hours after he was acquitted.

The prosecutor’s office said the decision to not move forward in prosecuting Forchion came after considering the shift in climate of marijuana legislation in New Jersey.

“They’re about 10 years too late,” Forchion said of a change in public opinion of marijuana. 

The office also considered the changes in law regarding the state’s bail reform – an issue Forchion railed against during his time in jail.

“I’m half-way happy and half-way mad,” he said Wednesday night. “Now the state just drops the charges, and I’ve already spent 16 months in jail. I had 42 charges against me total. It was a campaign of terror by the police department.”

NJ Weedman spent 400-plus days in jail. Turns out he was not guilty

Can he get anything for all the time he spent locked up?

“These factors call for an adjustment in the way the office most appropriately uses its resources and assistance from other law enforcement agencies in order to prioritize detention cases such as murders, attempted murders and violent crime,” the prosecutor’s statement said.

“The fact that the defendant has served more than a year in prison while these cases were pending was also taken into consideration,” it continued.

In all, Forchion had been indicted in 2016 and 2017 and was facing 11 charges related to narcotics dealings and cyber harassment. The prosecutor’s office has dismissed most of the charges, and downgraded five to “disorderly persons offenses,” all of which will be tried in Trenton Municipal Court.

The state is currently wrestling with ideas of how to deal with the hundreds of thousands of people who have been charged with marijuana crimes. Some legislators are considering expunging low-level convictions, but aren’t yet sure of the logistics.

“After a review of the defendant’s pending cases,” the prosecutor’s office said in its statement, “We feel the downgrade and dismissal of the charges is an appropriate resolution.”

Paige Gross may be reached at pgross@njadvancemedia.com. Follow her on Twitter @By_paigegross. Find NJ.com on Facebook.

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