Tag Archives: controlled substance

Arizona court: Hashish not included in medical marijuana law

Image result for hashish

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.

CONTINUE READING…

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The DEA is accepting comments on the rescheduling of Kratom into Schedule I until December 1st…The time to comment is NOW!

Due to be published in the “Federal Register” on August 31st, 2016 is the DEA’s “Intent to reschedule” the opioids mitragynine and 7-hydroxymitragynine  These are the “ingredients” of the plant Kratom and they are placing it into schedule I using the “temporary scheduling provisions” of the Controlled Substances ActLINK

 

Image result for kratom

 

Speak now or forever hold your peace!  You have been notified! 

The DEA reluctantly put on hold it’s intentions of placing Kratom into a Schedule I controlled substance category in August of 2016 after having such a backlash of individuals complaining about the proposed plans.  However, they are still contemplating that move and we only have until December 1st to make our comments through a website designed for us which states that this is …

“Your voice in Federal decision making” on the website of REGULATIONS.GOV.

An unknown number of people in the U.S. use Kratom daily to ease pain and withdrawal symptoms among other things.  It is a “plant” and it belongs to the “People”!  It is a part of our unalienable rights!

This is just the latest move by the DEA through the U.N. and “Agenda 21” to claim all of our rights to any substance that can possibly make the pharmaceutical companies more profitable in the future by denying access to this plant by the individual now.  In fact, a Patent application, dated 2009 exists already. 

United States Patent Application
20100209542

LINK

PLANT MATERIAL OR PLANT EXTRACT OF UNDETERMINED CONSTITUTION AS ACTIVE INGREDIENT (E.G., HERBAL REMEDY, HERBAL EXTRACT, POWDER, OIL, ETC.):  LINK

U.S. Classification
424/725, 514/285

STATEMENT OF GOVERNMENTAL SUPPORT [0001] This invention was made with government support awarded by: i) the National Institutes of Health (grant number NIH 022677); ii) the National Institute For Drug Abuse (grant numbers DA022677 and DA014929); and iii) the National Center for Research Resources (grant number P20RR021929). The government has certain rights in the invention.  LINK

Scientific American published an article “Should Kratom Use Be Legal?” in 2013, which features an interview with Edward Boyer, a professor of emergency medicine and director of medical toxicology at the University of Massachusetts Medical School, which is a very good article concerning Kratom.  It is a good source of information for those who are not familiar with Kratom.  Ironically enough, it is the University of Massachusetts Medical School which is the “Assignee” on the above patent.  In addition, the following Patents are noted in 2016:

Citing Patent
Filing date
Publication date
Applicant
Title

US9265458
Dec 4, 2012
Feb 23, 2016
Sync-Think, Inc.
Application of smooth pursuit cognitive testing paradigms to clinical drug development

US9380976
Mar 11, 2013
Jul 5, 2016
Sync-Think, Inc.
Optical neuroinformatics

 

Please take note of the “LEGAL EVENTS” that are at the bottom of the page at this LINK.

The “drug war” has taken enough of our plants and enough of our lives.  We cannot continue to let them regulate us out of every plant of food and medicine which were ever given to us as Our “inalienable rights” as Human Beings and laid out in Our Constitution.  I wrote an article concerning this in 2015, entitled, 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 (LINK), which explains much of how this is being accomplished by our Government(s).

Kentucky Senate Bill 136, in 2016, was defeated and did not take effect this year.  However, there are many other states in which it has been rescheduled to a I on a state level.  If we do not stop this from happening now, we will never be able to once it is Federally rescheduled.  So take a moment and make your opinion heard.  Use the Federal website to post your comment now!

#PlantsRights #EndProhibition #EndTheDrugWar

 

KRATOM

 

 

https://www.regulations.gov/document?D=DEA-2016-0015-0006

https://www.regulations.gov/document?D=DEA-2016-0015-0002

https://www.regulations.gov/docket?D=DEA-2016-0015

https://kentuckymarijuanaparty.com/2016/02/23/oppose-sb-136-banning-the-kratom-herb/

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/

http://www.americankratom.org/legal_status#_=_

https://www.scientificamerican.com/article/should-kratom-be-legal/

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=/netahtml/PTO/srchnum.html&r=1&f=G&l=50&s1=20100209542.PGNR.

https://www.google.com/patents/US20100209542#legal-events

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=/netahtml/PTO/srchnum.html&r=1&f=G&l=50&s1=20100209542.PGNR.

https://www.google.com/patents/US20100209542

http://www.alternet.org/drugs/big-pharma-patents-kratom-alkaloids-real-reason-dea-banning-plant

 

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