Tag Archives: patients

MERRY (f/g) CHRISTMAS! “The Jirons now face felony charges of possession of marijuana…” OR.. SANTA CLAUS GOT BUSTED FOR cHRISTMAS!

Sheriff’s deputies in York County, Neb., stopped a pickup truck on Tuesday when they noticed it driving over the center line and the driver failing to signal.

During the traffic stop, deputies noticed a strong smell of raw marijuana, the sheriff’s department says.

Patrick Jiron, 80, and Barbara Jiron, 83, said they were from northern California and were en route to Boston and Vermont.

Deputies asked the driver, Patrick Jiron, about the odor, and he admitted to having contraband in the truck and consented to a search of the vehicle.

With the help of the county’s canine unit, deputies searched the Toyota Tacoma. When they looked under the pickup topper, deputies found 60 pounds of marijuana, as well as multiple containers of concentrated THC.

“They said the marijuana was for Christmas presents,” Lt. Paul Vrbka told the York News-Times. The department estimated the street value of the pot at over $3oo,000.

The Jirons now face felony charges of possession of marijuana with the intent to deliver and no drug tax stamp. (Nebraska law requires marijuana dealers to purchase drug tax stamp from its Department of Revenue as evidence that the state’s drug tax has been paid.)

For the friends and family in New England who expected a bag of weed in their stocking this year, it looks like it won’t be a green Christmas, after all.

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Federal law clearly prohibits anyone who consumes cannabis—for any reason, and regardless of state legality—from purchasing a firearm

Surrender Your Guns, Police Tell Hawaiian Medical Marijuana Patients

Bruce Barcott   November 27, 2017

The Honolulu Police Department has sent letters to local medical marijuana patients ordering them to “voluntarily surrender” their firearms because of their MMJ status.

This may be the first time a law enforcement agency has sought out state-registered medical marijuana patients and ordered them to surrender their guns.

The letters, signed by Honolulu Police Chief Susan Ballard, inform patients that they have 30 days upon receipt of the letter to transfer ownership or turn in their firearms and ammunition to the Honolulu Police.

The existence of the notices, first reported early today by Russ Belville at The Marijuana Agenda podcast, was confirmed to Leafly News this afternoon by the Honolulu Police Department.

The startling order comes just three months after the state’s first medical marijuana dispensary opened in Hawaii’s capital city.

The clash between state marijuana laws and federal firearms law—which prohibits all cannabis patients and consumers from purchasing firearms—is a growing point of legal contention in the 29 states with medical marijuana laws. The Honolulu letters, however, may represent the first time a law enforcement agency has proactively sought out state-registered medical marijuana patients and ordered them to surrender their guns.

RELATED STORY

First Medical Cannabis Dispensary Opening in Hawaii

Federal law clearly prohibits anyone who consumes cannabis—for any reason, and regardless of state legality—from purchasing a firearm. On the US Bureau of Alcohol, Tobacco, and Firearms (ATF) Form 1140-0020, which must be completed by firearm purchasers, applicants are asked if they are “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.”

In case it’s unclear to the applicant, the ATF includes this warning in bold type:

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

RELATED STORY

Can Medical Marijuana Patients Legally Own Guns?

Federal Court Upheld the Ban

Many state laws allow patients to medicate with cannabis, but the federal prohibition on cannabis consumption crosses that legality when it comes to firearms. The supremacy of federal law on this point was upheld last year by the 9th US Circuit Court of Appeals.

“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,” the federal ruling stated. “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.”

RELATED STORY

Guns or Cannabis: Which Is More Strictly Regulated?

State Law Applies

The Honolulu Police Department cites state law, not federal law, as the basis for the order. “Under the provisions of the Hawaii Revised Statutes, Section 134-7(a), you are disqualified from firearms ownership,” says the letter.

Curiously, HRS 134-7(a) makes no specific mention of a person’s medical marijuana status. It’s a blanket statement about federal law:

134-7(a) No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.

Until now, the clash between firearm ownership and patient status has been largely avoided through a de facto “don’t ask, don’t tell” policy. Firearms purchasers are forced to either lie on the ATF form (a federal offense), or tell themselves they’re technically honest—the ATF form asks, “Are you an unlawful user of, or addicted to, marijuana,” and those who quit cannabis yesterday technically were but no longer are unlawful users of marijuana.

RELATED STORY

Do Medical Marijuana Patients Give Up Their Right to Bear Arms?

A number of states issue medical cannabis patient cards or authorizations but do not keep a searchable database of patient names. In some medical cannabis states, like Arizona, firearm purchasers are not required to register with the state.

Hawaii, though, maintains an electronic database of both firearm purchasers, who must complete both the federal ATF and a state permit application, and medical marijuana patients. That allowed the Honolulu police to cross-check and compile a list of MMJ patients in the state’s firearms registry.

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#FREEDAREN DAREN MCCORMICK IS OUT!

He’s out!

Here is the latest update on #FREEDAREN !!!

Released with “conditions” today!

Here is a live video of his release, thanks to EAST-CanadaFriends !

Daren OUT

Daren is out 9.11.17

Free Daren outside courthouse pt. 3

He’s out!

Updates to follow!

RELATED:

“I think I had an undercover Cop in my driveway yesterday”…

What is “Usable Marijuana”?

Man pleads guilty to having too much medical marijuana

Dabrowskis.jpg

 

By Cole Waterman | cwaterma@mlive.com
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on March 14, 2017 at 8:34 AM, updated March 14, 2017 at 8:35 AM

BAY CITY, MI — Nearly two years after police raided their Bangor Township house in search of excessive medical marijuana, a couple’s cases have been resolved with plea deals.

David A. Dabrowski, 65, on Tuesday, March 7, appeared in Bay County Circuit Court and pleaded guilty to one count of delivering or manufacturing marijuana. The charge is a four-year felony.

In exchange, the prosecution agreed to recommend Dabrowski receive a delayed sentence, during which he’d effectively be on probation. If he receives the delay and is successful on it, he’ll be allowed to withdraw his plea and swap it with a guilty plea to misdemeanor possession of marijuana.

The same day Dabrowski entered his plea, prosecutions motioned to dismiss the same felony charge faced by his wife, Sandra K. Dabrowski, 64.

The Dabrowskis, who were arraigned on Sept. 9, 2015, faced trial the day the plea deal was accepted. Their cases date back to April 2015.

What is ‘usable’ pot under medical marijuana law focus in Bay County couple’s prosecution

Whether a Bangor Township couple broke the law by having too much “usable” pot in their medical marijuana growing operation is the point of contention in ongoing legal proceedings.

In a December 2015 preliminary examination, Bay County Sheriff’s Detective Barry Gatza, a member of the Bay Area Narcotics Enforcement Team — or BAYANET — testified he was tasked with investigating an anonymous tip that the Dabrowskis were illegally selling marijuana from their home in the 2900 block of Bangor Road.

He testified that in the early morning of April 27, he pulled two trash bags from a garbage can at the end of the Dabrowskis’ driveway.

“There were several items consistent with marijuana grows that we’ve come in contact with,” Gatza said. Among the items were trimmed marijuana leaves. “It was approximately just under 10 pounds, I believe,” he said.

Gatza obtained a search warrant and later on April 27, approximately a dozen police officers executed it on the Dabrowskis’ property. At the time, David Dabrowski was home selling firearms to two men, Gatza testified. Sandra Dabrowski was not present.

“There were firearms throughout the house,” Gatza testified, adding David Dabrowski is a licensed federal firearms dealer.

Police recovered a large amount of marijuana plants and usable pot, most notably in “the entire basement.” Throughout the house, officers found 96 marijuana plants, 37.7 grams of loose marijuana drying in a basket, and another batch on a table weighing approximately 1,400 grams. Police also found one marijuana plant and marijuana branches in a pole barn, Gatza testified.

In a freezer, police found marijuana oil and several pounds of usable marijuana, Gatza said.

Gatza interviewed David Dabrowski in a BAYANET van, he said. Dabrowski told him he and his wife were medical marijuana caregivers with five patients each.

“Between Sandra and himself, they did co-mingle the plants,” Gatza testified. “They didn’t separate them at all. As far as the daily operations needed to maintain the plants, he did most of the farming on the plants, including Sandra’s.”

Sandra Dabrowski’s jobs included trimming the plants, packaging the crop and setting up purchases, Gatza said David Dabrowski told him.

“He stated that obviously he does provide marijuana to his patients,” Gatza testified. “I think the rate he charges them was $130 an ounce, then he told me he also provides marijuana to people outside his patient list. He charges them $200 an ounce. He said he always makes sure they’re medical marijuana patients, just not his patients. He always makes sure they have a (medical marijuana) card.”

Under the state’s Medical Marijuana Act, patients can have 2.5 ounces of usable marijuana and caregivers can grow up to 12 plants producing 2.5 ounces of usable marijuana for each of their five patients and themselves. With both Dabrowskis being caregivers but only Sandra Dabrowski a patient as well, the couple could legally have a total of 132 plants and 27.5 grams of usable, or processed, marijuana.

Circuit Judge Joseph K. Sheeran is to sentence David Dabrowski at 9 a.m. on Monday, April 17.

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9 ways federal marijuana laws are limiting rights of residents in legal weed states

Federal status of marijuana is affecting both everyday cannabis consumers and people attempting to work in the industry.

By BROOKE EDWARDS STAGGS / STAFF WRITER

Published: Feb. 4, 2017 Updated: Feb. 5, 2017 2:45 p.m.

 Derek Peterson, CEO and president of Terra Tech. Just weeks after Prop. 64 passed, Peterson learned the company that for two years had managed Terra Tech's payroll and health benefits would be dropping them, Dec. 31, because of concern over their role in the cannabis industry. “The decision came out of nowhere,” he said. “We have almost 200 employees that spent their holiday season stressed about the possibility of not having their health benefits available in the new year, let alone a reliable pay schedule.” (File Photo by ED CRISOSTOMO, Orange County Register/SCNG)

Federal law still classifies cannabis as a Schedule I narcotic, a category reserved for drugs such as heroin that are said to be highly addictive and have no medical value. There’s been no movement to ease that stance even though polls show a record number of Americans now believe marijuana should be legal, 28 states now permit medical marijuana and eight more allow recreational use.
One thing that has changed is the optimism some cannabis enthusiasts expressed prior to the November election.
As the biggest state in the nation prepared to vote on legalizing recreational use with Prop. 64, the thinking was that California could become a tipping point that would ultimately lead to federal approval of cannabis.
Prop. 64 easily passed. But confidence in the impact of that vote has dimmed as the reality of a GOP-controlled federal government headed by President Donald Trump – and the prospect of marijuana-opponent Jeff Sessions as Attorney General – has settled in.
For individuals, the ongoing conflict with federal law can make it harder to get everything from housing to healthcare, even if they use cannabis for medical reasons says Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, or NORML.
And for Californians who want to make money in the cannabis industry, the differences between state and federal law can affect how they bank, pay taxes and more.
“It’s a serious hindrance,” said John Hudak, a senior fellow with the Brookings Institution who specializes in marijuana policy.
“It creates a scenario in which companies are able to get up and running, but not operate like a normal business.”
Here are nine ways the federal status of marijuana is affecting both everyday cannabis consumers and people attempting to work in the industry, no matter what their state law says.

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Carol Kerr ~ HAPPY PATIENT in Legal Medical Cannabis State!!

Image may contain: 1 person, smiling, outdoor

Why I choose cannabis…

November 25, 2010 at 9:21pm

There are millions of people across this great nation suffering from chronic pain and illness who are legally receiving relief via prescription medications. As a patient that suffers with chronic, debilitating pain from a brain malformation, I can attest to the damage long-term use of prescription medications can do to the human mind and body.

Just last year I lost my brother due to an accidental overdose of hydrocodone prior to back surgery. He didn’t just slip off into the night after falling asleep. He died clutching his chest and screaming in pain, and there was nothing anyone could do. Yet, there are still pharmacies conveniently located on nearly every corner across the country dispensing the poison every day.

For the record, I am not a drug addict, nor do not wish to be addicted to ANY substance, however due to the illnesses I have, I must medicate with SOMETHING regularly to achieve any reasonable measure of “quality of life.” And the one prescription medication that provides some relief is full of liver damaging acetaphetamin and isn’t covered by Medicare.

Plus, the doctor told me that though it relieves my headaches, with regular use it “increases” headaches. Ohhh, so I’ll need more addictive pain medication due to the increased headaches it causes, which will damage my liver all that much faster… are you seeing the RIDICULOUS, vicious circle? Not only are the prescription drugs inadequate and expensive, but I’ve suffered through withdrawal on numerous occasions from addictive pain medications, even spending three days in ICU on a respirator from a Fentanyl patch!

Cannabis is an effective, NON-ADDICTIVE medication that helps me.  Yet, when I don’t have cannabis, I don’t get the sweats, have increased blood pressure, vomit, itch, cry, and wig out!!! I just hurt, try not to move any more than I have to, and keep to myself… survival mode. Not a healthy or pleasant way to live.

As a result of prescription medications I have the onset of liver disease. My digestive system is impaired to the point that I literally have no appetite. Without medication I am consumed with pain to the point that my activities of daily living are limited and socialization with others is not an option. Inhaled cannabis quickly sends the cannabinoids directly to the blood stream via your lungs.

Yet, cannabis doesn’t impair one’s ability to function for long periods of time, cause nausea, or shut down the bowels like prescription pain medications. And while smoking may not be the best option for me, it’s the only one available due to prohibition. For the record, I would prefer to ingest cannabis, but it takes a larger quantity of product to produce a sufficient amount.

For over a year the American Medical Association has urged the federal government to reconsider its stance on cannabis, to change the classification from a Class 1 drug. This means the AMA recognizes that cannabis has medicinal qualities that could be beneficial to a patient’s health. The AMA also states that cannabis deserves more research.

A randomized placebo-controlled trial was conducted at San Francisco General Hospital (with) nine doctors and 50 patients involved. Patients suffered from HIV-associated neuropathic pain. “The first cannabis cigarette reduced chronic pain by a median of 72 percent versus 15 percent with placebo. No adverse events reported.” Throughout length of trial “pain was reduced by 34 percent.”

Conclusion: “Smoked cannabis was well tolerated and effectively relieved chronic neuropathic pain from HIV-associated sensory neuropathy. The findings are comparable to oral drugs used for chronic neuropathic pain.”

Latest polling shows 65 percent of Americans support medicinal cannabis with doctor supervision. If comparable to pain pills, shouldn’t the doctor be deciding whether cannabis is the better choice for the patient? Patients should not have to fear imprisonment or the horrible side effects of prescription drugs, especially when there are scientific facts that favor the medicinal use of cannabis.

This matter is not about the legalization of “drugs.” We, as patients, do not condone the use of any drug without doctor supervision. This is about compassion and understanding of others suffering, knowing that cannabis helps them regain their lives and get on with living life to the fullest, not needlessly suffering from the pain of illness or the ugly side effects from pain medications.

Fifteen states have passed legislation in favor of medicinal marijuana. We are well on our way to helping people understand that cannabis is not the harmful drug previously demonized by well meaning, but ill informed political figures. SB 1381, the compassionate use of cannabis 3-year pilot program is coming up for a vote in Illinois. This is our chance to free our countrymen and women from the ill side effects of pain medications.

Patients and doctors alike deserve the right to pursue happiness as stated in our Constitution. We must allow patients to choose the best course of action in medical matters without fear of imprisonment. We must take our medicine out of the hands of greedy drug-lords, and allow safe access to good medicine for  sick and suffering patients.

Cannabis has been proven to help people time and time again. New and fascinating facts about the benefits of medicinally using cannabis are being reported every day. And I am living proof that it works!  This is not an issue of morals, but one of science and compassion for the sick and suffering. We aren’t encouraging anyone to use cannabis. We just want our God-given right to pain relief in the manner which helps us best.

As a responsible citizen of IL I am appalled that I am forced to pay outrageous prices for medicine, lining the pockets of black market drug dealers.  When as a sick patient I should be receiving quality medicine, regulated by the government, provided by state governed agencies which would benefit patients, while strengthening our economy and providing legitimate jobs! You know, with the right medicine given on a regular basis, I just may be able to work again.. or at least take care of MYSELF without the assistance of others.

Cannabis relieves the pain, takes my mind off my poor health, gives me an appetite, and helps me to get out enjoy the life I have left without the hangovers and side effects of man-made medications. May the powers that be hear our voices and bring relief to the suffering citizens of Illinois! No patient should be denied safe access to their medication!!

The fact of the matter is, patients who NEED medicinal cannabis have been and will continue to do whatever they have to, to obtain the medicine they need. The prohibition of medicinal cannabis only punishes us further for being sick at a time when we need love and compassion the most.  Don’t wait till you or someone you love is suffering to investigate this issue.

Carol Kerr ~ HAPPY PATIENT in Legal Medical Cannabis State!!

81-Year-Old Woman’s Single Marijuana Plant Seized in Raid by National Guard and State Police

repeal prob

Authorities want to play "War on Pot"—with helicopters and militarized raids—while they still can.

Anthony L. Fisher|Oct. 6, 2016

The full legalization of recreational use of marijuana in Massachusetts could very well become a reality—if current polling holds up—when voters go to the polls next month. Medical marijuana is already legal in the Bay State, provided you’ve got one of those officially sanctioned cards from the state government.

But for the time being, personal cultivation of even a single marijuana plant without state permission is illegal, and Massachusetts state law enforcement put on a display of force last week to make sure nobody, not even an 81-year-old woman with glaucoma and arthritis, forgets it.

According to the Daily Hampshire Gazette, on September 21, octogenarian grandma Margaret Holcomb found herself the subject of a joint raid by the National Guard and Massachusetts State Police. It started when her son Tim saw "a military-style helicopter circling the property, with two men crouching in an open door and holding a device that he suspects was a thermal imager to detect marijuana plants." A few minutes later, a number of law enforcement vehicles arrived and a state trooper demanded the "illegal contraband," warning that no charges would be filed if they gave up Ms. Holcomb’s single marijuana plant peacefully and without demanding a search warrant.

Holcomb does not have a medical marijuana card, and told the Gazette if she is unable to procure one, she’ll likely grow another plant.

The raid was one of at least six that took place on September 21, all without the knowledge or cooperation of local police authorities.

Attorney Michael Cutler, who works with clients who need legal counsel regarding medical marijuana, suspects the raids are partially motivated by authorities wanting to experience a few more moments of "action" in a specific theatre of the war on drugs that may soon be coming to a close. From the Gazette:

Cutler said it’s likely that authorities are using budgeted funds, prior to the end of the federal fiscal year Saturday, to gas up helicopters and do flyovers.

"We’re seeing the last throes of police hostility to the changing laws," Cutler said. "They’re taking the position that if it’s in plain view, it’s somehow illegal."

 

Anthony L. Fisher is an Associate Editor for Reason.com.

Follow Anthony L. Fisher on Twitter

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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

From Organizing America to Operation Chronic Problem, How Cannabis Prohibition Ruins Lives

 

 

My Bust

 

Katree Darriel Saunders is a 30 year old mother, cannabis activist, and an active member of her community. Katree was living in Las Vegas, NV when she was arrested during a DEA sting called Operation Chronic Problem on the charges of: Conspiracy to distribute marijuana and hashish. For 10 grams of hashish and 3.5 grams of marijuana Katree has had her life as she knew it ended. This dedicated mother lost her family and job for trying to help. Trying to help what turned out to be a lying, conniving, scheming, weasel of a DEA Agent posing as a medical cannabis patient desperate for relief. This is Katree Darriel Saunders story. Her loss, her pain, and what many consider a major injustice as well as a violation of her constitutional rights.

Katree has been addicted off and on to prescription pain pills since the age of 15. In 2007, seeking pain relief from multiple car accidents, Katree Saunders became a medical cannabis patient. Knowing the harmful side effects of pharmaceuticals, plus their lack of effectiveness, Saunders chose medical cannabis. Not only did cannabis end Saunders pain, she was able to stop using prescription drugs all together. As a hardworking mother, Saunders put herself through college and became a positive and active member of her community.

Nevada’s laws prohibited the sale of cannabis in 2007, which forced Saunders to seek it through the black market, known for unsavory individuals who traffic anything from people to weapons to stolen merchandise. Once when Saunders sought cannabis from the black market she was sexually assaulted. This devastating incident convinced Saunders she had to do something. There had to be a way for her to legally and safely obtain her medication.

She contacted the state of Nevada and spoke with Jennifer Barlett, who referred her to Michael McAuliffe of Nevada’s Compassionate Care (NCC). It was there Saunders found her place. She began working with NCC and was helping others away from the black market.

Things were going well for Saunders in February of 2010. She volunteered for a political event called Organizing America where President Barack Obama spoke about healthcare reform. Saunders was chosen to be on stage. She sat in the front row behind the president as he gave his speech. Upon the close, Katree was able to shake hands with the President. While doing so, Saunders said ‘We needed to talk about medical patient’s rights.’ Then, according to Saunders, Obama looked at her and said ‘I’m not prosecuting.’

image (4)

 

Feeling confident and empowered after this Saunders then became active in helping patients obtain their medical cannabis cards from the Nevada state program. Unfortunately, while Saunders was working for NCC, she was set up by undercover DEA agents. They were conducting what was known as Operation Chronic Problem. A federal DEA agent posed as a sick patient asking for help obtaining medical cannabis.

Saunders, being a compassionate person, facilitated this lying individual’s request. Later she was indicted on distribution of a controlled substance. Saunders served four months in prison as well as a lengthy probation since she did not offer up the names of her medical patients.

While on pretrial Saunders was in another motor vehicle accident. This accident totaled her husband’s vehicle and left Saunders with a fractured foot as well as a back injury. She was placed on morphine, Xanax, and MARINOL®. The morphine began to make her heart hurt, so she opted to stop taking it in exchange for MARINOL®. MARINOL® is a synthetic version of a naturally occurring compound known as delta-9-THC. However, since Saunders was on probation, the state of Nevada told her that she could not take MARINOL® since they would not be able to determine if she was consuming cannabis or simply taking the medication.

The State of Nevada Probation Department obtained a court order preventing Saunder’s doctor from prescribing MARINOL® to her. Now, not only was Saunders in trouble for selling 3.5 grams of cannabis and 10 grams of hash, she also lost her job, family and right to medicate.

During her incarceration, her husband divorced her, took the kids and moved away. While in custody at the prison, Saunders says she was ‘sexually assaulted and harassed by US Marshals’.

During Saunders’ trial, her attorneys advised her not to mention anything about her encounter with President Obama. For the 4 months Katree Saunders was incarcerated, the state split her time between a private prison corporation (Corrections Corporation of America – CCA) and a state prison, and earned a minimum of $5,000 for hosting her. The state of Nevada spent an estimated $20,656 per inmate in 2012, and reported 267.9 million in costs. They also claimed to have 15 million dollars in prison related costs outside of the state budget. This is where states and private prison corporations make big dollars housing criminals. In the case of cannabis consumers, these corporations make out like bandits.

 

Imagine charging $21,000 a year to house someone who was busted selling or possessing cannabis. In Saunders case, that 13.5 grams of cannabis, with a street value of $150, cost taxpayers over $20,000 to put her through the system. That doesn’t include the cost of the actual arrest, which stands at $1,500 to $3,500 with booking, paperwork, police officers fees, donuts, etc.

Saunders fought hard to break away from prescription drugs, but in the end they were her only option. Purdue Pharma, the makers of OxyContin, has been making billions off victims. Purdue Pharma is involved in countless lawsuits and their officials have admitted to deceitful and immoral medical practices, yet they are still making money. These are the ones that presidential candidate Bernie Sanders speaks out about when he refers to the top one-tenth of 1%.

In 1993 the DEA allowed pharmaceutical companies to produce 3520 kilos of a drug known as oxycodone. Twenty-two years later they are manufacturing 137.5 thousand kilos of the same drug. That is an increase of 39 times in the manufacturing of this controlled substance. Since President Nixon founded the DEA in 1973, they have done nothing but prosecute those who attempt to possess, grow, or in any way affiliate themselves with cannabis.

Medical cannabis helps millions of people across the United States and world to find relief from pain and suffering. Cannabis helped Saunders break her addiction and take back control of her life. Cannabis is a safe treatment alternative for many illnesses, as well as the management of symptoms associated with a broad array of medical complications. Prescription drug addiction, of course, is a problem that is not only plaguing the United States, but the whole world.

Saunders’ battle with a prescription drug addiction from a young age illustrates the carelessness of the medical industry in allowing doctors to over-prescribe dangerous medications. It has also enabled them to receive substantial kickbacks from pharmaceutical companies in the process.

According to ABC News, America consumes over 90% of the world’s hydrocodone and 80 percent of the planet’s opioids. The United States of America makes up only 4.6 percent of the planet’s population. This opioid problem has destroyed mothers, fathers, brothers, and sisters. Children and soldiers suffer horrendously because of our country’s support for the pharmaceutical industry. Children suffer by being denied medication that could in fact actually help them, and at times even cure them. Children also suffer by losing parents who are consumed by prescription drug addiction. Soldiers who protect our freedom, often with their own lives, suffer from illnesses such as PTSD. They are sometimes denied a natural treatment, such as cannabis, to help with their symptoms.

The Doctors Enforcement Agency

The DEA licenses more than 600,000 surgeons, doctors, and podiatrists to administer prescriptions for narcotic pain relievers. According to NORML (National Reform of Marijuana Laws), in 2011 there were an estimated 1.5 million registered medical cannabis patients living in the United States of America. The sad side of this is that the laws pertaining to medical cannabis forced so many to seek their medication on the black market.

The public seems to believe that we think cannabis is the new cure-all, and other medications should be eliminated. This is not true. Common sense will tell you that there are many medical advancements today which have led us to the most sophisticated and advanced techniques and cures. During this evolution we have managed to de-evolve at the same time, through the abuse of prescription drugs, as much the fault of patients as it is the doctors doing the prescribing. Some individuals get prescription pain pills in large quantities because the doctors will prescribe them. Some individuals do not even take their medication. Instead they sell them on the street. When doctors prescribe as much as 100 to 300 pills at a time, with an average price of $10 a pill, some people can make an extra $3,000 a month.

Prohibition Has Failed and it’s Hurting America

The prohibition of cannabis that began in the late 1930s has devastated countless numbers of American lives and destroyed families across the country. The FDA will approve OxyContin for 6-year-olds but will not support cannabis oil. This is an absurd violation of human rights. The United States of America has held the patent for medical cannabis since 2003. This means that they knowingly have information that solidifies and validates medical cannabis as an effective treatment. This also means that the DEA and FDA know, and have evidence, that cannabis is medicine.

For the past 12 years the DEA has left cannabis as a schedule 1 narcotic. This puts it in the same class as heroin and cocaine, that it has no medicinal value. They have lied to the American people kept the public sick, and now some laugh at us while the cannabis community is trying to change laws to better the world around us.

The Dogs of the Feds

The DEA regularly raids medicinal cannabis facilities and Indian tribal lands. They arrest, abuse, neglect and destroy the lives of countless cannabis consumers. Medical patients and recreational consumers alike suffer the wrath of the DEA everyday. There are no public benefits from cannabis prohibition! The medicinal aspects combined with potential taxes are unquestionably positive. The simple implementation of taxation on cannabis will help to eliminate the black market. This puts a lot of politicians, local sheriffs, and other individuals out of extra income they have enjoyed for years.

Katree Saunders felt the wrath of the DEA during Operation Chronic Pain and now you know her story. From being hooked on prescription drugs at 15, to meeting the President of the United States, to prison, to an avid cannabis activist, Saunders’ struggle is all too familiar to many Americans, except for meeting Mr. Barack Obama.

Help support America by being a seed. One seed can tip the scales of injustice. Are you that seed?

Kentucky "Cannabis Freedom Act" Summary

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Kentucky Cannabis Freedom Coalition·Saturday, December 12, 2015

Cannabis Freedom Act Summary

Section 1

(New Section of KRS Chapter 245)

Definitions

Section 2

(New Section of KRS Chapter 245)

Personal possession, use, and cultivation limits

Persons 21 years and older may:

Possess up to 1 ounce of cannabis on their person;

Cultivate up to 5 cannabis plants;

Store excess cannabis lawfully grown for personal use at the location where it was cultivated; or

Transfer up to 1 ounce of cannabis to another person age 21 or older without remuneration

Possession exemption for persons under 21 if recommended by a licensed physician

Section 3

(New Section of KRS Chapter 245)

Prohibition on smoking cannabis in public

Maximum penalty: $100 fine

Section 4

(New Section of KRS Chapter 245)

Prohibitions on access to retail cannabis facilities,

Persons under 21 years of age shall not:

o Enter retail cannabis facilities to purchase cannabis or cannabis products;

o Possess, purchase, or attempt to possess or purchase cannabis or cannabis products;

o Misrepresent their age or use false identification to induce an illegal sale of cannabis or cannabis products; or

o Remain on any premises that sells cannabis or cannabis products

Licensees, their agents, or employees are prohibited from permitting persons under 21 years of age from remaining on any premises where cannabis and cannabis products are sold.

o Maximum penalty: Class B misdemeanor

Section 5

(New Section of KRS Chapter 245)

Prohibition on unlawful possession of cannabis

Maximum penalty: $250 fine

Section 6

(New Section KRS Chapter 245)

Personal cultivation requirements

Person who chooses to cultivate for personal consumption must take reasonable precautions to ensure that any cannabis or cannabis plants are secure from unauthorized access and access by persons under twenty-one years of age.

Persons shall only cultivate cannabis for personal consumption on property that they own or with the consent of the person in lawful possession of the property.

o Maximum penalty: $500 fine

Section 7

(New Section KRS Chapter 245)

Prohibition on unlawful cultivation of cannabis (ULCC) with the intent to sell or transfer it for valuable consideration ULCC of 11 or more cannabis plants

o Maximum penalty: Class D felony

ULCC of 6-10 cannabis plants

o Maximum penalty: Class A misdemeanor

ULCC of 5 or fewer cannabis plants

o Maximum penalty: Class B misdemeanor

ULCC of six or more cannabis plants creates a presumption that unlawful cultivation was for sale or transfer

Section 8

(New Section of KRS Chapter 245)

Department of Alcoholic Beverage and Cannabis Control (ABCC) to promulgate administrative regulations to implement various aspects of Act within 180 days of the Act becoming law.

Section 9

(New Section of KRS Chapter 245)

ABCC to create licenses to operate the following cannabis-related entities:

Cannabis cultivation facility;

Cannabis processing facility;

Cannabis testing facility; or

Retail cannabis facility.

Licenses created pursuant to this section shall cost $5,000 and be valid for 12 months from the date of issuance

Section 10

(New Section of KRS Chapter 245)

Licensure requirements

Applicant must pay nonrefundable $100 application fee which will be applied to their licensing fee if a license is issued to the applicant

ABCC shall:

Create uniform license application form;

Issue a license to an applicant unless:

o The applicant has been convicted of crime which would qualify them as a violent offender;

o The applicant falsifies information on the application for a license; or

o The applicant has had a previous license issued by ABCC revoked within the 12 months prior to the reapplication.

Section 11

(New Section of KRS Chapter 245)

Excise tax imposed on licensees operating cannabis cultivation facilities selling or transferring cannabis to either a cannabis processing facility or a retail cannabis facility.

Effective January 1, 2017:

$30 per ounce on all cannabis flowers

$10 per ounce on all parts of the cannabis plant other than the flowers

$10 per immature cannabis plant

Reporting requirements

Department of Revenue may prescribe forms and promulgate administrative regulations to collect taxes created under this section

Section 12

(New Section of KRS Chapter 245)

Creates a revolving trust and agency account from licensure, renewal, and administrative fees Account to be used for the enforcement of the Act by ABCC

Section 13

(New Section of KRS Chapter 245)

The Kentucky Responsible Cannabis Use Program (KRCUP) fund is created as a restricted fund

The KRCUP fund is comprised off all the excise tax revenue collected under Section 11 of the Act and all the sales and use tax revenue collected on cannabis and cannabis products.

The proceeds contained in the fund are to be distributed according to the following formula:

30% of funds to go the public school fund to support education excellence in Kentucky (SEEK);

20% of funds to go to the Kentucky Department of Education for scholarships based on socioeconomic need for students to attend public institutions of postsecondary education in Kentucky;

20% of funds to go to the Office of Drug Control Policy to dispense grants to substance abuse treatment programs that employ evidence-based behavioral health treatments or medically assisted treatment;

15% of funds to go to the Kentucky Law Enforcement Council to dispense grants to county and local law enforcement agencies to buy protective equipment, communications equipment, and training; and

15% shall be deposited into the general fund.

Section 14

(New Section of KRS Chapter 245)

$500 Civil penalty for each violation of KRS Chapter 245

$1000 Civil penalty for failing to maintain written tax records and reports required by the Department of Revenue

Section 15

(New Section of KRS Chapter 245)

Corporate and individual liability for violations of KRS Chapter 245

Section 16

(New Section of KRS Chapter 245)

Cannabis or cannabis products which are held, owned, or possessed by any person other than those authorized by KRS Chapter 245 is declared contraband.

The ABCC can dispose of contraband cannabis and cannabis products using the same procedures and protocols that they currently use for contraband alcoholic beverages.

Section 17

(New Section of KRS Chapter 100)

Prevents local political subdivisions with zoning power from:

Using their zoning power to institute a moratorium on cannabis-related entities;

Using their zoning power to discriminate against cannabis-related entities by treating them differently from other similar entities;

Using their zoning power to impose more stringent security requirements than those required by ABCC; or Imposing additional fees in excess of what other applicants seeking to operate a business are charged.

Section 18

(New Section of KRS Chapter 65)

Prevents county and local governments from instituting de facto or de jure moratoriums on cannabis related entities.

Section 19

(New Section of KRS Chapter 311)

Allows any licensed physicians acting in good faith to recommend cannabis or cannabis products to their patients.

Physicians who recommend cannabis or cannabis products to patients under the age of 18 must obtain parental consent and a second recommendation from another licensed physician.

Provides civil, criminal, and licensing immunity to physicians who, in good faith, recommend cannabis or cannabis products.

Section 20

(Amends KRS 12.020)

Renames the Department of Alcoholic Beverage and Cannabis Control

Establishes the Division of Cannabis

Section 21

(Amends KRS 241.010)

Amends definition of “board” and “department” to reflect the addition of cannabis

Section 22

(Amends KRS 241.015)

Renames the Department of Alcoholic Beverage and Cannabis Control

Section 23

(Amends KRS 241.020)

Empowers the Department of Alcoholic Beverages and Cannabis Control to regulate traffic in cannabis and cannabis products.

Creates the Division of Cannabis to administer the laws in relation cultivation, processing, testing, and sale of cannabis and cannabis products.

Section 24

(Amends KRS 241.030)

Adds one appointed position to the Alcoholic Beverage and Cannabis Control Board to act as director of the Division of Cannabis.

Section 25

(Amends KRS 2.015)

Amends the age of majority statute in regards to cannabis.

Section 26

(Amends KRS 218A.010)

Removes the definition of marijuana from Kentucky’s Controlled Substances Act.

Section 27

(Amends KRS 218A.050)

Removes marijuana, tetrahydrocannabinols, and hashish from the list of Schedule I controlled substances.

Section 28

(Amends KRS 218A.510)

Removes references to marijuana and hashish from the definition of drug paraphernalia.

Section 29

(Amends KRS 260.850)

Removes industrial hemp from the definition of cannabis.

Section 30

(Amends KRS 600.020)

Includes cannabis offenses in the definition of status offense action under Kentucky’s Juvenile Code.

Section 31

(Amends KRS 610.010)

Grants jurisdiction of juvenile cases involving cannabis to either the juvenile session of District Court or the family division of the Circuit Court.

Section 32

(Amends 630.020)

Adds cannabis offenses to list of status offenses which have to be adjudicated in juvenile court.

Section 33

(Amends KRS 218A.276)

Removes obsolete reference to marijuana statutes that would be repealed if this Act becomes law.

Section 34

(Amends KRS 630.120)

Prevents juveniles who are adjudicated guilty of cannabis offenses from being committed to the Department of Juvenile Justice for detention (mirrors alcohol and tobacco offenses).

Section 35

(Amends KRS 131.650)

Removes obsolete reference to a taxing statute which would be repealed if this Act becomes law.

Section 36

(Repeals KRS 138.870, 138.872, 138.874, 138.876, 138.878, 138.880, 138.882,138.884, 138.885, 138.886, 138.888, 138.889, 218A.1421, 218A.1422, 218A.1423)

Section 37

(Short Title: Cannabis Freedom Act)

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