Tag Archives: plants

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.

CONTINUE READING…

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New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal

Bruce Barcott

December 14, 2016

The US Drug Enforcement Administration (DEA) this morning made CBD oil a little more federally illegal in a little-noticed bureaucratic maneuver this morning.

Today’s Federal Register (Dec. 14, 2016) contains an item (21 CFR Part 1308) that establishes a new drug code for “marihuana extract.”

“This code,” wrote DEA Acting Administrator Chuck Rosenberg, “will allow DEA and DEA-registered entities to track quantities of this material separately from quantities of marihuana.” The move, the Register entry explained, is meant to bring the US into compliance with international drug-control treaties.

There is no major change in law brought about by the Register item. Rather, it serves to clarify and reinforce the DEA’s position on all cannabis extracts, including CBD oil. That position is: They are all federally illegal Schedule I substances.

CBD oil derived from hemp is now commonly available nationwide via web sites and mail order services. Those operations survive on the assumption that cannabidiol products below the legal threshold for THC percentage in hemp (0.3 percent or less) are technically legal.

Not so, says the DEA.

In the DEA comment on the entry, Rosenberg directly addressed the question: What if it’s only cannabidiol (CBD) and no other cannabinoids? The agency’s response: “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code” and therefore remain federally illegal. In other words: The DEA is confident that it can find enough traces of other cannabinoids in your CBD oil to arrest and prosecute. And if they can’t, they still have the option of arresting and prosecuting based on the CBD oil itself.

RELATED STORY

Is CBD from Cannabis the Same as CBD from Cannabis?

Is your CBD derived from hemp? Doesn’t matter to the DEA. The new extracts classification applies to all “extracts that have been derived from any plant of the genus Cannabis and which contain cannabinols and cannabidiols.” Hemp is not a separate genus. (Although it may be a separate species; lot of debate on that point.) Legally speaking, hemp is simply cannabis with no more than 0.3 percent THC content.

The new rule seems to clarify the DEA’s position on hemp-derived CBD, which entered a legal gray area following Congress’ passage of the 2014 farm bill. That legislation allowed certain states to grow hemp in pilot projects, and blocked federal law enforcement authorities (ie, the DEA) from interfering with state agencies, hemp growers, and agricultural research.

What DEA Administrator Rosenberg seems to be saying with this clarification is: You may be able to grow hemp. But if you try to extract CBD oil from it, the DEA considers that a federal crime.

The rule did not contain any hint as to when the DEA will step into the 21st century and stop using the archaic version of the word “marihuana.”

Lead Image: Brennan Linsley/AP

CONTINUE READING…

This is how the FDA can instantly criminalize any vitamin or plant extract

HEALTH FREEDOM ALERT: The FDA just outlawed CBDs and hemp oil extracts by claiming all plant molecules now belong exclusively to Big Pharma

Sunday, March 20, 2016
by Mike Adams, the Health Ranger
Tags: CBD, hemp oil extract, FDA regulations

CBD

(NaturalNews) Hemp oil extracts containing CBDs (cannibidiols) are such a threat to the pharmaceutical industry that the FDA is now invoking totally insane justifications for outlawing them.
CBDs are non-psychoactive compounds found naturally in hemp plants. They work so well as powerful natural medicine that people everywhere are realizing CBDs work better than pharmaceuticals for treating epilepsy, seizures, neurological disorders and other serious health conditions (including HIV infections).
So the FDA has just launched a massive regulatory assault against CBDs by invoking the most insane logic you’ve ever heard. Here’s how it goes:
1) CBDs work so well that drug companies are now investigating them to be approved by the FDA as medicines.
2) Because CBDs are being investigated by drug companies, the FDA has granted CBDs status as being “investigated as a new drug.” In the FDA’s own language from their website, “FDA considers a substance to be ‘authorized for investigation as a new drug’ if it is the subject of an Investigational New Drug application (IND) that has gone into effect.”
3) Because CBDs work so well and have been authorized for drug investigations, the FDA now OUTLAWS them being sold as dietary supplements. Per the FDA’s own website: “FDA has concluded that cannabidiol products are excluded from the dietary supplement definition under section 201(ff)(3)(B)(ii) of the FD&C Act. Under that provision, if a substance (such as cannabidiol) has been authorized for investigation as a new drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public, then products containing that substance are outside the definition of a dietary supplement.”
4) Now the FDA has begun sending warning letters to CBD makers, claiming they are in violation of FDA regulations because they are selling “adulterated products.” Adulterated with what, exactly? CBDs, of course! “The debate over hemp CBD’s legal status continues after FDA sent eight warning letters to manufacturers of CBD dietary supplement and food products earlier this month,” reports Nutritional Outlook. “The warning letters cite impermissible health claims used to market the products, as well as CBD’s invalid status as a dietary ingredient due to its presence in two drug applications currently under consideration.”

The FDA just criminalized one of the most miraculous healing medicines in the world by handing it over to Big Pharma

In other words, the FDA just handed Big Pharma an absolute monopoly over CBDs (hemp oil extract) by ridiculously claiming such natural products are “adulterated” with molecules (CBDs) that the FDA says might one day become a drug.
“Drugs,” according to the FDA, are substances that are proven to treat, prevent or cure a disease, and thus the FDA’s own logic admits that CBDs must be able to treat, prevent or cure diseases, otherwise they would be useless as “drugs”.
But when a dietary supplement company makes the same claim, they are hit with aggressive warning letters from the FDA, threatening to shut them down, confiscate their products and seek criminal prosecution of the company executives.

This is how the FDA can instantly criminalize any vitamin or plant extract

Do you see how this twisted, corrupt regulatory tactic can allow the FDA to instantly criminalize any dietary supplement, vitamin, herb or plant extract?
Vitamin D, for example, could be outlawed by the FDA announcing that it has granted “Investigational New Drug application (IND)” status to any drug company studying vitamin D.
Using this same corrupt, mafia-style tactic, the FDA could outlaw resveratrol or even vitamin C, denying Americans the right to access safe, affordable, natural substances that are routinely found in nature.

It’s time to end the FDA’s monopolization over natural plant molecules

If humanity is ever to achieve medical freedom, we must end the FDA’s outrageous medical monopolization of plant molecules such as CBDs. By allowing this corrupt, criminally-run regulatory agency to criminalize every molecule found in nature, our nation’s lawmakers condemn us all to life in what can only be called medical totalitarianism under FDA tyranny.
Any time a healing substances is found in nature, the FDA can simply assert that such molecules are now in the process of being studied as drugs and are therefore illegal to sell as dietary supplements even though they were developed by Mother Nature, not drug companies.
This FDA tactic is nothing more than the FDA proclaiming intellectual monopolies over all molecules of interest found in nature. It is Monsanto-like in its arrogance and wickedness, and it deprives the People of their right to access medicinal plants and healing substances that have existed in nature for countless thousands of years long before the FDA ever came into existence (1906).
If we do not stop this FDA, we are all doomed to living under a totalitarian regulatory regime that will systematically criminalize every healing molecule found in nature, from the curcuminoids in turmeric root to green tea catechins and even phycocyanins found in spirulina.
That this federal agency has now resorted to such tactics of medical totalitarianism and outright tyranny is proof that we need to strip the FDA of regulatory powers over natural dietary supplements and limit its domain to pharmaceutical drugs only.
Coincidentally, a Presidential election is upon us that threatens to shake up the entire establishment if the right person wins. “Establishment” candidates on both sides of the aisle would simply continue the FDA war on natural molecules that’s now under way, but there is one candidate who has openly threatened to challenge the authority of federal regulators like the EPA and FDA.

FDA begins crackdown by targeting inaccurate label claims… but it won’t end there

The FDA has now declared war on CBDs and hemp oil extracts. Its first targets are those companies who have inaccurate label claims or are committing outright fraud in claiming CBD concentrations that don’t even exist in their products.
On this point, I must agree that inaccurate label claims deserve regulatory enforcement. The CBD industry is heavily populated with fraudulent sellers whose products often contain no CBDs at all.
“The FDA has turned its back on the cannabis industry, claiming that CBD products cannot be sold as dietary supplements,” reports Canna Business. “Companies affected by the latest crackdown include Cali Stores, Dose of Nature, Green Garden Gold, Healthy Hemp Oil, Michigan Herbal Remedies, Morgue Juice, Pain Bomb and Sana Te Premium Oils. According to the FDA’s analysis, all products contained different amounts of 9-THC, THCa, CBDa, CBN and CBD than they had claimed.”
The second target of the FDA is companies that made disease treatment claims that their CBD products might treat epilepsy, cancer or other conditions. The FDA, of course, routinely attacks any dietary supplement maker that tells the truth about the medicinal benefits of their products. According to the FDA, there is no such thing as any food, nutrient, herb or natural molecule that has any ability whatsoever to treat, prevent or cure any disease. This position is, of course, patently absurd and stands in total violation of nutritional science, but it is the “big lie” the FDA must maintain in order to keep putting dietary supplement companies out of business.
Once the FDA finishes destroying all the companies with inaccurate labels and disease marketing claims, it will target all the honest suppliers of CBDs who are selling genuine, honest products that contain accurate CBD labels. This is the real goal of the FDA: to threaten, intimidate and destroy the entire CBD industry and thereby protect the medical monopolies of drug companies that can’t wait to cash in on these amazing molecules that really do treat disease (otherwise, Big Pharma would have no interest in them).

This is how the FDA keeps the medical racket marching along

And so the great medical monopoly racket marches on, with the FDA giving a big “F-YOU” to the American people while handing lucrative medical monopolies to its greed-driven friends in the pharmaceutical industry. Meanwhile, the American people are denied healing medicine that works at a fraction of the cost of overpriced pharmaceuticals.
Entrepreneurial companies that offer such hemp oil extracts containing CBDs — natural medicines that could help reduce human suffering while lowering health care costs nationwide — are threatened by the FDA with devastating enforcement actions that could land their executives in prison.
This is all part of the FDA’s war on natural medicine that systematically criminalizes molecules found in nature and the people who seek to make those molecules available to patients in need. While disease suffering skyrockets across America and medical expenses push more and more families over the threshold of bankruptcy and destitution, isn’t it comforting to know that your federal government is doing everything in its power to deny you access to safe, affordable natural medicine while protecting the profits of the drug giants?

What can you do to oppose this medical tyranny by the FDA?

None of this is ever going to change, by the way, if we keep electing establishment politicians to the White House. If you want to see real change in the legalization of hemp extract components such as CBDs, you’d better vote for someone who terrifies the establishment and threatens to tear it down.
At the same time, you need to support health freedom organizations like the Alliance for Natural Health, which is fighting to keep dietary supplements legal in America.
You should also watch this video animation that exposes the anti-dietary supplement bias of PBS Frontline, which recently ran a totally dishonest hit piece documentary attacking supplements.
There is a nationwide effort under way right now to criminalize ALL dietary supplements and force every plant extract, vitamin or food concentrate to be regulated by the FDA as if they were prescription drugs. This would utterly wipe out the entire dietary supplements industry and plunge America into an era of runaway disease, suffering and death as people are denying access to the healing nutrients that are presently preventing disease (and even reversing serious disease in some cases).
Finally, share this story and join the Natural News email list (below) to stay informed on all this. As the editor of Natural News, I am fighting for your right to access CBDs and hemp oil extracts, as they are amazing natural medicines that can treat, prevent and in some cases even help cure serious health conditions.

The FDA is anti science and anti human rights

We have a fundamental human right to access healing plants found in nature, and the FDA has systematically sought to destroy that right and criminalize those who seek to express it. Access to Mother Nature’s healing molecules is a fundamental human right that exists above and beyond the Bill of Rights. It is a DIVINE right.
To reestablish our access to these rights, we need a political revolution in Washington that puts people in power who are ready and willing to dismantle the FDA and end its devastating monopolies over dietary supplements, medicinal herbs and natural molecules found in nature.
We need to legalize health freedom in America and set this nation on a new path of disease prevention and drastically reduced health care costs through access to affordable, natural medicines. The only way to accomplish this is to end the FDA’s reign of tyranny over the dietary supplements industry.
We need a new health freedom revolution in America, and it starts at the ballot box. It’s time to start electing outsiders, not insiders… people who the terrify the Washington establishment because they know their insidious grip on regulatory power will be challenged. If you want medical marijuana legalized, or if you want access to CBD oil as an affordable dietary supplement, it’s time to start voting for people the establishment is desperately trying to destroy. Because it is only those people who have any real hope of achieving the kind of political and legislative goals that will end the FDA’s stranglehold on natural medicine in America.

Food Forensics: Breakthrough book from the Health Ranger exposes shocking scientific truth about what you’re really eating

Over two years in the making, Food Forensics publishes the heavy metals testing results from over 800 foods, supplements, spices and superfoods. Available now for pre-order on Amazon and BN, click here for the Food Forensics website and book preorder links. “An amazing job on so many levels and an absolute must read.” – Michael T. Murray… “Mike Adams new book, Food Forensics, should be required reading for all the Big Food, Big Biotech apologists who continue to poison and mislead us.” – Ronnie Cummins, Organic Consumers Association … “Food Forensics is an essential reality guide to food and water in the 21st century.” – Robert Scott Bell … “Food Forensics is an incredible, ground-breaking book.” – Ty Bollinger, The Truth About Cancer …
Click here to preorder your copy of “Food Forensics” now.
Sources for this article include:
http://www.fda.gov/NewsEvents/PublicHealthFo…
http://www.nutritionaloutlook.com/herbs-bota…
http://www.cannabusiness.com/news/products-i…

Learn more: http://www.naturalnews.com/053369_CBD_hemp_oil_extract_FDA_regulations.html#ixzz43aLcL8Km

Declaration on Seed Freedom

  1. Seed is the source of life, it is the self urge of life to express itself, to renew itself, to multiply, to evolve in perpetuity in freedom.
  2. Seed is the embodiment of bio cultural diversity. It contains millions of years of biological and cultural evolution of the past, and the potential of millennia of a future unfolding.
  3. Seed Freedom is the birth right of every form of life and is the basis for the protection of biodiversity.
  4. Seed Freedom is the birth right of every farmer and food producer. Farmers rights to save, exchange, evolve, breed, sell seed is at the heart of Seed Freedom. When this freedom is taken away farmers get trapped in debt and in extreme cases commit suicide.
  5. Seed Freedom is the basis of Food Freedom, since seed is the first link in the food chain.
  6. Seed Freedom is threatened by patents on seed, which create seed monopolies and make it illegal for farmers to save and exchange seed. Patents on seed are ethically and ecologically unjustified because patents are exclusive rights granted for an invention. Seed is not an invention. Life is not an invention.
  7. Seed Freedom of diverse cultures is threatened by Biopiracy and the patenting of indigenous knowledge and biodiversity. Biopiracy is not innovation – it is theft.
  8. Seed Freedom is threatened by genetically engineered seeds, which are contaminating our farms, thus closing the option for GMO-free food for all. Seed Freedom of farmers is threatened when after contaminating our crops, corporations sue farmer for “stealing their property”.
  9. Seed Freedom is threatened by the deliberate transformation of the seed from a renewable self generative resource to a non renewable patented commodity. The most extreme case of non renewable seed is the “Terminator Technology” developed with aim to create sterile seed.
  10. We commit ourselves to defending seed freedom as the freedom of diverse species to evolve; as the freedom of human communities to reclaim open source seed as a commons.

To this end, we will save seed, we will create community seed banks and seed libraries, we will not recognize any law that illegitimately makes seed the private property of corporations. We will stop the patents on seed.


Click here to sign the declaration

Click here to download a PDF

CONTINUE TO SOURCE…

“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.

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10/25/2015

Sheree Krider

Because of the nature of the Beasts which we are dealing with in regards to the “War on Drugs” in general, but additionally because the Beasts are taking control of plants, food, medications and plant medicines worldwide at will, I feel it is imperative that we confront this issue now.

WHILE READING THIS KEEP IN MIND THAT THE U.S. HAS HAD A PATENT ON MARIJUANA SINCE 2003: #6,630,507 October 7, 2003 Cannabinoids as antioxidants and neuroprotectants.

This control is being achieved thru the United Nations which officially began on October 24, 1945, with the victors of World War II — China, the U.S.S.R., France, United Kingdom, and the United States — ratified the U.N. charter, creating the U.N. Security Council and establishing themselves as its five permanent members with the unique ability to veto resolutions. This ability keeps them in control of the U.N.

To date More than six in ten Americans have a favorable opinion of the U.N. as reported on the “Better World Campaign” website which is the funding source for the U.N.

The U.N. 1961 convention on narcotic drugs essentially set into motion the drug war as we know it today.

The United Nations Conference to consider amendments to the Single Convention on Narcotic Drugs, 1961, met at the United Nations Office at Geneva Switzerland from 6 to 24 March 1972. 97 States were represented.

On November 7, 1972 President Richard Nixon was re-elected to office. It was on his watch that the amendments to the U.N. were enacted with an establishment of a “United Nations Fund for Drug Abuse Control.”

They readily admit that many of the drugs included have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.

The term ”addict” means any individual who habitually uses any narcotic drug. Who will determine when a narcotic has become habitual? The “Comprehensive Drug Abuse Prevention and Control Act of 1970 .

The Parties, recognizing the competence of the United Nations with respect to the international control of drugs, agree to entrust to the Commission on Narcotic Drugs of the Economic and Social Council, and to the International Narcotics Control Board, the functions respectively assigned to them under this Convention.”

The “Parties shall maintain a Special administration for the purpose of applying the Provisions of this Convention.” in the U.S. this was the Drug Enforcement Administration or DEA.

Article 28 control of cannabis states that if a party permits cultivation that the system of control is the same as for opium poppy in article 23 which requires licensing by the “agency” which in the case of the U.S. would be the DEA. The number of acres planted and harvested must be recorded and “the agency must purchase and take physical possession of” it. The agency has exclusive rights to importing, exporting, and wholesale trading. It is also subject to limitations on production.

This is total control of the plant by the U.N. and effectively eliminates any chance of personal growing.

Natural growing plants which are included in Schedule 1 are marijuana, mescaline (peyote), psilocybin, and Khat. Other drugs are also included in this list.

More common opiates such as hydrocodone are included in Schedule II. These are regulated and handed out at the will of the government thru the medical industrial complex. How many people have been refused a prescription for Valium or Xanax in the past year because of a positive drug screening for Marijuana? How many people who do not consume Marijuana have been cut off as well because the DEA has, for all practical purposes, threatened the physician’s livelihood thru Statutes and “Bills” which have cut people off from their medications with no warning in the past year or two?

Title 21 states that the rules shall not apply to the cultivation of cannabis/hemp plant for industrial purposes only – however, it also does not say that hemp may be used for medicine without restriction.

Article 33 states that the parties shall not permit the possession of drugs without legal authority.

In the 1972 Protocol Amending The Single Convention On Narcotic Drugs 1961 Article 49 states that:

f) The use of Cannabis for other than medical and scientific purposes must be discontinued as soon as possible but in any case within twenty-five years from the coming into force of this Convention as provided in paragraph 1 of article 41.

1972 + 25 = 1997

Ironically enough the first medical cannabis law was enacted by California in 1996 – just in time to meet the 25 year deadline for ending all use of cannabis except for medical and scientific purposes…

Proposition 215, or the Compassionate Use Act of 1996, is a California law allowing the use of medical cannabis despite marijuana’s lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against.

As I stated previously, in the U.S. the governing agency would be the DEA and on July 1, 1973 this agency officially came into existence in accordance with the U.N. Treaties which the U.S. government created and implemented. THE DEA HAS AN Annual Budget of $2.4 billion.

THE DEA Controlled Substances Act, TITLE 21 – FOOD AND DRUGS, CHAPTER 13 – DRUG ABUSE PREVENTION AND CONTROL EFFECTIVE Oct. 27, 1970, SUBCHAPTER I – CONTROL AND ENFORCEMENT,

States that:

“(1) If control is required by United States obligations under international treaties, conventions, or protocols in effect on October 27, 1970, the Attorney General shall issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations, without regard to the findings required by subsection (a) of this section or section 812(b) of this title and without regard to the procedures prescribed by subsections (a) and (b) of this section.”

Meaning, it does not matter what the U.S. Citizens (or any other country for that matter) has to say about Cannabis or any other drug or plant on the list of U.N. control we are bound by the U.N. Treaty first and foremost, which was set into place by our own government.

“In 1986, the Reagan Administration began recommending a drug testing program for employers as part of the War on Drugs program. In 1988, Drug Free Workplace regulations required that any company with a contract over $25,000 with the Federal government provide a Drug-Free Workplace. This program must include drug testing.”

Manfred Donike, in 1966, the German biochemist demonstrated that an Agilent (then Hewlett-Packard) gas chromatograph could be used to detect anabolic steroids and other prohibited substances in athletes’ urine samples. Donike began the first full-scale testing of athletes at the 1972 Summer Olympics in Munich, using eight HP gas chromatographs linked to an HP computer.

YEP, HP IS HEWLETT PACKARD…His method reduced the screening process from 15 steps to three, and was considered so scientifically accurate that no outside challenges to his findings were allowed.

HP has laboratories around the globe in three major locations, one of which happens to be in Israel. Late Republican Senator Jesse Helms used to call Israel “America’s aircraft carrier in the Middle East”, when explaining why the United States viewed Israel as such a strategic ally, saying that the military foothold in the region offered by the Jewish State alone justified the military aid that the United States grants Israel every year.

Most everybody thinks that the Cannabis issue is a U.S. issue and an issue unto itself, not encompassed within the issue of control of the masses, and at least as far as our own laws/statutes are concerned. “ALL WE NEED TO DO IS GET OUR STATE TO LEGALIZE IT”. This couldn’t be farther from the truth.

We are all rolled up into the UN by virtue of our own Country which used this as a means to control worldwide, the people, without ever having to answer for or take responsibility for it again. Why? Because it is now a UN issue. And WE ARE BOUND by the UN treaties, as one of 5 founding members, who now rule the world.

Welcome to “THE NEW WORLD ORDER”. Yep, it’s been around a long time, we just didn’t notice it in time. Our men had just gone through a horrific war (WWII) and were too beat down and TOO sick to fight again and most likely didn’t even notice or worse yet thought the U.N. was a good thing that would prevent another WWII….. WELL, WELCOME TO WWIII AKA THE “DRUG WAR”.

I don’t care which State you reside in it is NOT legal to possess or use Marijuana in any form or fashion. You are living in an “Illusion.

As long as the U.N. has control over all narcotics in any form, we as a people will not legally be able to grow cannabis or any other plant that they categorize as narcotic.

What they will do for us is to use us like Guinea pigs in a testing environment to accumulate enough information whereby cannabis can be deemed a potentially useful drug from a pharmacological standpoint and then they can turn it over to the pharmaceutical companies to sell to us through commerce as a prescription. This is happening as we speak.

The drug war was created for us, and the prison industrial complex which they set up for control of us is the holding center for the Guinea pigs which are “us”.

They make sure enough of it gets out there that we can continue to use it illegally and they can study it at the same time they are locking us up for doing just that — using and studying marijuana. This in effect creates a double paycheck for them as they are keeping the prisons full and instituting private prisons for commerce and at the same time they are collecting information about the beneficial uses of cannabis thru drug testing patients. As well, those who seek employment or who are already employed with are targeted by random testing, and they collect our medical records for research at the same time the physicians are tagging us as cannabis abusers for reference via the ICD-10 codes used on medical claim forms submitted to the Insurance companies by our doctors’ offices. Essentially anyone who is a marijuana user is rounded up by the legal and medical system. If you use marijuana you cannot hide the fact unless you are part of the drug cartel itself and do not seek employment or medical care anywhere in the U.S. The marijuana cartel remains intact because they are “self-employed”.

Additionally, HIPPA states that In the course of conducting research, researchers may obtain, create, use, and/or disclose individually identifiable health information. Under the (HIPPA) Privacy Rule, covered entities are permitted to use and disclose protected health information for research with individual authorization, or without individual authorization under limited circumstances set forth in the Privacy Rule.

As far as Pharma Drugs are concerned, I must quote from Ms. Cris Ericson of the Vermont Marijuana Party, who stated, “People can no longer afford the pharmaceutical industry. The U.S. Congress votes to give research money to the pharmaceutical companies who invent new prescription drugs by synthesizing natural herbs, and then the pharmaceutical companies claim ownership of the new Rx patent, but it was the taxpayers who paid for the research. The taxpayers, under the patent law which states that “work made for hire, should own 50% of the patent” should rightfully be paid. The pharmaceutical companies not only profit wrongfully, by taking ownership of the patent that the taxpayers paid the research for, but then they take their huge profits and donate millions of dollars to PAC’s political action committees and Super PAC’s and then the PAC’s donate money to the U.S. Congress, so your taxpayer dollars have come full circle, and that looks just like money laundering, because millions of your taxpayer dollars end up in the campaign war chests of the elected officials.”

To that I must add that even if you obtain your medications for a $0 copay, you have paid for them already via taxation of the general public. Even those persons on disability or other government subsidy pay tax every time they make a purchase.

The U.N. Convention and the CSA both state that, “No prescriptions may be written for Schedule I substances, and they are not readily available for clinical use. NOTE: Tetrahydrocannabinol (THC, marijuana) is still considered a Schedule 1 drug by the DEA, even though some U.S. states have legalized marijuana for personal, recreational use or for medical use. May 4, 2014”

This issue gains even more momentum when you understand that it is not just about cannabis/hemp/marijuana. It also involves all food and plants which are coming under their jurisdiction.

It is entirely possible that just as they can use drug testing to determine what drugs you put into your body they could develop testing to determine what foods you are eating. Imagine being “food tested” to see if you ingested beef or broccoli that was illegal to be in possession of! It seems an exaggeration but entirely within the realm of possibility.

HENCEFORTH, AGENDA 21…

The national focal point in the United States is the Division Chief for Sustainable Development and Multilateral Affairs, Office of Environmental Policy, Bureau of Oceans and International Environmental and Scientific Affairs, U.S. Department of State.

A June 2012 poll of 1,300 United States voters by the American Planning Association found that 9% supported Agenda 21, 6% opposed it, and 85% thought they didn’t have enough information to form an opinion.

The United States is a signatory country to Agenda 21, but because Agenda 21 is a legally non-binding statement of intent and not a treaty, the United States Senate was not required to hold a formal debate or vote on it. It is therefore not considered to be law under Article Six of the United States Constitution. President George H. W. Bush was one of the 178 heads of government who signed the final text of the agreement at the Earth Summit in 1992, and in the same year Representatives Nancy Pelosi, Eliot Engel and William Broomfield spoke in support of United States House of Representatives Concurrent Resolution 353, supporting implementation of Agenda 21 in the United States. In the United States, over 528 cities are members of ICLEI, an international sustainability organization that helps to implement the Agenda 21 and Local Agenda 21 concepts across the world.

During the last decade, opposition to Agenda 21 has increased within the United States at the local, state, and federal levels. The Republican National Committee has adopted a resolution opposing Agenda 21, and the Republican Party platform stated that “We strongly reject the U.N. Agenda 21 as erosive of American sovereignty.” Several state and local governments have considered or passed motions and legislation opposing Agenda 21. Alabama became the first state to prohibit government participation in Agenda 21. Many other states, including Arizona, are drafting, and close to passing legislation to ban Agenda 21.

The Committee on World Food Security (CFS) was established in 1974 as an intergovernmental body to serve as a forum in the United Nations System for review and follow-up of policies concerning world food security including production and physical and economic access to food. The CFS Bureau and Advisory Group-The Bureau is the executive arm of the CFS . It is made up of a Chairperson and twelve member countries. The Advisory group is made up of representatives from the 5 different categories of CFS Participants. These are: 1 UN agencies and other UN bodies; 2 Civil society and non-governmental organizations particularly organizations representing smallholder family farmers, fisherfolks, herders, landless, urban poor, agricultural and food workers, women, youth, consumers and indigenous people; 3 International agricultural research institutions; 4 International and regional financial institutions such as the World Bank, the International Monetary Fund, regional development banks and the World Trade Organization; 5 Private sector associations and philanthropic foundations.

FREEDOM ADVOCATES OPPOSITION TO AGENDA 21:

“Even the term “sustainable” must be defined, since on the surface it appears to be inherently positive. In reality, Sustainable Development has become a “buzz” term that refers to a political agenda, rather than an objectively sustainable form of development. Specifically, it refers to an initiative of the United Nations (U.N.) called Sustainable Development Agenda 21. Sustainable Development Agenda 21 is a comprehensive statement of a political ideology that is being progressively infused into every level of government in America.”

Webster’s 1828 dictionary defines unalienable as “not alienable; that cannot be alienated; that may not be transferred; as in unalienable rights” and inalienable as “cannot be legally or justly alienated or transferred to another.”

The Declaration of Independence reads:

“That all men are created equal, that they are endowed by their Creator with certain unalienable rights…”

This means that human beings are imbued with unalienable rights which cannot be altered by law whereas inalienable rights are subject to remaking or revocation in accordance with man-made law. Inalienable rights are subject to changes in the law such as when property rights are given a back seat to emerging environmental law or free speech rights give way to political correctness. In these situations no violation has occurred by way of the application of inalienable rights – a mere change in the law changes the nature of the right. Whereas under the original doctrine of unalienable rights the right to the use and enjoyment of private property cannot be abridged (other than under the doctrine of “nuisance” including pollution of the public water or air or property of another). The policies behind Sustainable Development work to obliterate the recognition of unalienable rights. For instance, Article 29 subsection 3 of the United Nations Declaration of Human Rights applies the “inalienable rights” concept of human rights:

“Rights and freedoms may in no case be exercised contrary to purposes and principles of the United Nations.”

Read that phrase again, carefully! “Rights and freedoms may in no case be exercised contrary to purposes and principles of the United Nations.”

It suffices to say that the “war on drugs” is a war on us as a people. It is entwined with the United Nations and agenda 21. It is control of the masses through the illusion of a better world and offers peace and harmony to all people. It sounds really good on the surface until you start analyzing the issues at hand. The problem is that its intent is ultimately to control everything and everybody.

“Rights and freedoms may in no case be exercised contrary to purposes and principles of the united nation”…there you have it in one sentence, straight out of the horse’s mouth. The new world order is now. If we continue down this path, sooner rather than later we will be told that we can no longer grow our own food, or meat, eggs, cheese, etc. It must be purchased through a reputable source – the grocery stores and the pharmacy so it can be “regulated”.

Our rights to the cannabis/marijuana plant has all but been lost at this point and if we do not do something immediately to regain it and continue passing illegal statutes (by virtue of the U.N.) state to state is not going to hold up in the long run because, first of all, federally it remains illegal and they can squash those legalization antics at any time, and most of all the U.N. owns it. And who owns the U.N.? The United States and five other countries which are china, Russia, France and the U.K.

It seems to me that the placing of these plants (including marijuana, and peyote) into a “U.N. Convention of Narcotic Drugs” was just the first step in their taking total control of all people throughout the world through their access to food and medication, and was and still is a test case to see if it would work in their favor. So far it seems it is working in their favor because we are losing the ability to fight back on a political basis and their guns are bigger than ours.

The fact that for years we have blamed the eradication of marijuana on Harry Anslinger even though the LaGuardia commission refuted his findings and Harry Anslinger himself later admitted his testimony wasn’t true and in fact marijuana was relatively harmless, only proves that the rhetoric remained in place for ulterior motives.

When the 1937 tax act was repealed in 1969 in Timothy Leary v. United States, the Controlled Substance Act of 1970 picked up and took over keeping the plant from us yet again. To this day it remains illegal although individual states within the U.S. are attempting to change that, the fact still remains that legally it is still a schedule 1 at the federal level and since federal law trumps state law we are getting next to nowhere.

The only thing that state legalization does do, is keep the state authorities from prosecuting except within the realm of the individual state statutes. At least we are fighting back and gaining momentum in that we are letting them know how we feel about it! Other than that at any time everything gained could be lost at the whim of the federal government.

If we do not focus on regaining the freedom of cannabis from the U.N. now, not only will it be forever lost to pharma, all of our food, medicines and plants are going right along with it and we will not ever be able to get them back. And if you think the prison industrial complex is a monstrosity now just wait till we are being locked up for growing a tomato or hiding a laying hen in our closet just to have access to an egg. Yes, I believe that it will get that bad in the not so far future.

So if you are not worried about it because you do not smoke marijuana, you might ought to worry about it because your grandkids will still need to eat whether or not they have cannabis as a medication through the pharmaceutical industrial complex. And to top it all off, what happens when you “break the law” by planting food and they find out and take away your right to obtain food much the same way they have taken away our rights to obtain scheduled medications because you tested positive for marijuana? (Don’t worry too much I am sure they will let you “something” to eat!)

We must have access to our own gardens and herbal plants because virtually every “drug” made comes from a plant and both prescription drugs and over the counter medications are at risk and could disappear rapidly. Remember over-the-counter pseudoephedrine? Every time they want to take something out of our hands they make it illegal and claim it is for the greater good. You may very well need to grow your own medicine too because if you do not meet their requirements they won’t let you have any of theirs.

It is a fact that cannabis/hemp is a food and a medicine. By withholding it from us they have effectively made many of us weaker through endocanabinoid deficiency and people are becoming sicker in general from the foods that we ingest as well as the ones that we do not have access to. Our ability to stand up to an enemy of any kind on a physical scale has been dramatically affected by both nutrition and the chemicals we are exposed to in our food and in our air and water as well as required inoculations against various diseases. Our children are having the worse reactions to all this which can be seen by the rise in not only autism but other birth defects as well.

The most important thing to note is that cannabis, food and medicine is something that everyone needs to have access to in various forms for various reasons. If it is only available thru a controlled environment then we will be subjected to probable malnutrition and genocide. Our health has become bad enough already due to corporate food and medicine. We certainly do not need it to get any worse. Is this going to be total population control via food and medicine? I am afraid so.

“People who don’t get enough food often experience and over the long term this can lead to malnutrition. But someone can become malnourished for reasons that have nothing to do with hunger. Even people who have plenty to eat may be malnourished if they don’t eat foods that provide the right nutrients, vitamins, and minerals.”

NOW THAT THE BEAST HAS BEEN IDENTIFIED, WHAT WOULD BE THE BEST COURSE OF ACTION TO TAKE?

Probably the best thing we can do right is to demand cannabis sativa and any naturally growing plant removed from United Nations control and the Controlled Substance Act in the U.S.

Additionally, Agenda 21 needs to be eliminated as it stands now. No entity should be allowed total control over plants and food, especially those grown in our own garden.

However, it is a fact that any type of food or medicine created and/or sold by a corporate entity has to be governed. Their entire purpose is to make money and they will do anything to accomplish that including selling us pink slime for meat. That is what should be governed.

It seems to me that the FDA is not doing its job correctly. Protect the people, not the corporations. The fact that a corporation has its own “personhood” is just totally ridiculous and must end.

The United Nations itself could be modified into an agency that protects the unalienable rights of the people throughout the world. It cannot police the world however. And it cannot rule the people as a government does. For this reason any policing agencies that are international such as Interpol must be eliminated. This would throw the policing back to the people’s own respective countries and the people of those countries will have to police their own governments to ensure that they keep the will of their people as top priority while governing.

Will this mean that war will continue to be a fixture in our world? Yes, of course it does. War always has been and always will be. It is the next closest thing to “God” that exists in that aspect. But if each country’s government has jurisdiction over its own people then the citizens can decide who will be ‘in charge’. If they need help during a crisis then other countries can step in to help where needed at the time and as they choose to do so. If the whole world comes under the rule of one governing body then we would have no control anymore at all. And this is what it seems to be leading up to – one governing body ruling virtually the entire planet with the ‘head’ of that governing body being the five original victors of WWII: the United States, Russia (U.S.S.R), France, China and the U.K.

World War II never really ended, it just changed it course. We have to put an end to this global war against all God’s people and the time is now! If you do not believe in god then you can say we have to put an end to the war against world humanity. It means basically the same thing – at least to me.

Just say no!

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NOTES & REFERENCE LINKS:

Leary v. United States, 395 U.S. 6 (1969), is a U.S. Supreme Court case dealing with the constitutionality of the Marihuana Tax Act of 1937. Timothy Leary, a professor and activist, was arrested for the possession of marijuana in violation of the Marihuana Tax Act. Leary challenged the act on the ground that the act required self-incrimination, which violated the Fifth Amendment. The unanimous opinion of the court was penned by Justice John Marshall Harlan II and declared the Marihuana Tax Act unconstitutional. Thus, Leary’s conviction was overturned. Congress responded shortly thereafter by repealing the Marihuana Tax Act and passing the Controlled Substances Act to continue the prohibition of certain drugs in the United States.

“By 2020, 30 billion connected devices will generate unprecedented amounts of data. The infrastructure required to collect, process, store, and analyze this data requires transformational changes in the foundations of computing. Bottom line: current systems can’t handle where we are headed and we need a new solution. HP has that solution in The Machine. ”

Ban Ki-moon (Hangul: ???; hanja: ???; born 13 June 1944) is a South Korean statesman and politician who is the eighth and current Secretary-General of the United Nations. Before becoming Secretary-General, Ban was a career diplomat in South Korea’s Ministry of Foreign Affairs and in the United Nations.

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

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

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

http://kidshealth.org/parent/growth/feeding/hunger.html

http://www.cdc.gov/ncbddd/birthdefects/types.html

http://www.usatoday.com/story/news/nation/2014/03/27/autism-rates-rise/6957815/

http://www.cdc.gov/vaccines/schedules/

http://www.nel.edu/pdf_/25_12/NEL251204R02_Russo_.pdf

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6630507.PN.&OS=PN/6630507&RS=PN/6630507

http://hemp.org/news/book/export/html/626

http://www.druglibrary.org/schaffer/hemp/taxact/anslng1.htm

http://www.freedomadvocates.org/understanding-unalienable-rights-2/

http://www.freedomadvocates.org/

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

https://sustainabledevelopment.un.org/post2015/transformingourworld

https://www.worldwewant2015.org/

https://en.wikipedia.org/wiki/Agenda_21

https://en.wikipedia.org/wiki/Israel%E2%80%93United_States_relations

http://www.hpl.hp.com/research/systems-research/themachine/

https://en.wikipedia.org/wiki/HP_Labs#Labs

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

http://www.globalsources.com/manufacturers/Drug-Test-Kit.html?keywords=_inurl%3A%2Fmanufacturers%2F&matchtype=b&device=c&WT.mc_id=1001007&WT.srch=1&gclid=Cj0KEQjw2KyxBRCi2rK11NCDw6UBEiQAO-tljUJHHVLsYxnVYIjclmlCiwuLEH2akAa-iTolJ2zN6-8aAjtm8P8HAQ

http://www.deadiversion.usdoj.gov/21cfr/cfr/2108cfrt.htm

http://www.deadiversion.usdoj.gov/21cfr/cfr/1308/1308_11.htm

http://uscode.house.gov/view.xhtml?path=/prelim@title21/chapter13&edition=prelim

http://uscode.house.gov/view.xhtml?path=/prelim@title21/chapter13&edition=prelim

http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm#cntlsbc

http://www.medicinehunter.com/plant-medicines

http://www.unfoundation.org/what-we-do/issues/united-nations/advocating-us-funding-un.html

http://www.deadiversion.usdoj.gov/21cfr/21usc/index.html

http://www.cancer.gov/about-cancer/treatment/cam/hp/cannabis-pdq

http://www.presidency.ucsb.edu/ws/?pid=2767

Titles II and III Of The Comprehensive Drug Abuse Prevention and Control Act Of 1970 (Pub-Lic Law 91–513) https://legcounsel.house.gov/Comps/91-513.pdf

Absolute Asinine Laws

 

Life in Prison for Hemp

José Peña brought some roadside weeds home from Kansas. Cops decided it was reefer, and a Texas court sentenced him to life in prison – without the evidence. It took a decade for Peña to get back some of the pieces of his life.

By Jordan Smith, Fri., March 16, 2012

Life in Prison for Hemp

José Peña was tired as he drove south toward Houston on the morning of Sept. 27, 1998. Following a quick trip north to Kansas in a rented van – to pick up the brother of a distant cousin’s son – he was on his way home to Houston, where he lived with his wife and four children. It was the kind of favor Peña often did for friends and family, no matter how distant the relation – and the kind of favor that irritated his wife. "I was tired, and I was trying to get home," the 50-year-old recently recalled. "My wife was mad at me for doing favors for other people" when he could instead be home.

That morning, just before 8am, Peña was cruising south down I-45, a little more than two hours from home. He was driving in the right-hand lane through Leon County when he passed a state trooper sitting in his car on the grass median. He thought nothing of it – just another Texas trooper on a long and nondescript stretch of highway – until he noticed the trooper pull out onto the road and follow him. The officer, Mike Asby, a veteran member of the Texas Department of Public Safety, drove in the left lane until his car was parallel with Peña’s. Peña looked over at Asby. "He pulled up next to me, and I looked at him because I wasn’t not going to make eye contact" with an officer whom Peña thought was definitely checking him out for whatever reason.

Although Peña steadfastly maintains that he wasn’t doing anything wrong or unusual, Asby would later testify that Peña caught his attention because he was driving more slowly than the rest of traffic in a van caked with mud; when the van "weaved across the center stripe and also across the solid yellow line on the shoulder," Asby testified in January 2003, he had to take action. "You’re required to stay in a single lane of traffic," he said. He activated his lights and pulled Peña over.

Within the hour, Peña would be in handcuffs in the back of the trooper’s car, headed to the county jail in Centerville on a charge of marijuana possession. Nearly five years later, Peña would be convicted and sentenced to life in prison for possession of what the state said turned out to be 23.46 pounds of freshly cut marijuana that Peña was transporting in the back of the muddy blue van. Although Asby testified that this was not a normal highway drug bust – "normally," he testified, marijuana moves north from Houston, already "dried out, cured, and ready to be sold" – he was certain that what he found casually laid out in the back of the van was pot because it smelled like pot – and he knows pot when he smells it. "It’s something that you learned in [28] years of experience being on the road?" prosecutor Whitney Smith (now Leon Coun­ty’s elected D.A.) asked Asby.

"Yes, sir," Asby replied.

Just Trust Us

There are at least two problems with the official story of Peña’s arrest and prosecution. First, Peña is adamant – and has been since 1998 – that what he was transporting was not marijuana, but actually hemp, pot’s non-narcotic cousin. Peña says he found the plants growing wild in Kansas and cut them down, thinking that he could use the stems and leaves in the various craft projects he made with leather and wood in his garage workshop; there was no doubt in Peña’s mind that what he was transporting was not marijuana. The second, and eventually more decisive problem with the official story of the Peña bust, is that prior to his trial, officials with the Department of Public Safety lab in Waco, where the plants were taken for testing, completely destroyed all of the case evidence – all 23.46 pounds of plant material – and then also lost the case file with all of the original documentation of the lab’s work on the case. By the time Peña was finally tried – more than four years later – there was absolutely no evidence to show the jury; instead, the state relied completely on the "experience" of Asby and of Waco lab supervisor Charles Mott (now retired) to persuade jurors that what they say they saw and tested was actually marijuana.

It worked.

That is, it worked until late last year, when Peña’s conviction was finally overturned by the Court of Criminal Appeals, the state’s highest criminal court, and Leon County subsequently dismissed the charges for good. In the intervening decade, however, Peña’s case became a political hot potato, catching the attention of judges and lawyers across the state who watched as the 10th Court of Appeals, based in Waco, played tug-of-war with the Austin-based CCA over the power of the Texas Constitution, and whether it affords citizens greater rights and protection against state power than does the U.S. Constitution.

It’s a conflict that has left the state of Texas divided and may mean – at least for the time being – that persons tried for crimes in one part of the state will be afforded greater protection from prosecutorial errors or malfeasance than are others. Frankly, says Keith Hampton, an Austin defense attorney who represented Peña just before his case was dismissed, you just "don’t see this happen very often." Ulti­mate­ly, whether the protections gleaned from the Texas Constitution by the 10th Court will remain in force and be applied to all Texans is still to be determined.

Weeds, Not Weed

Peña had a knack for creating handcrafted leather and wood items that sold like hotcakes, he says, at flea markets in and around Houston. He made personalized shellacked plaques and leather key chains with popular first names spelled out in tiny beads, and at a dollar a key chain, they sold well. So when he first saw the hemp plants growing on the roadside near Manhattan, Kan., they gave him an idea. He would take the plants – which, to an untrained eye, look exactly like marijuana plants – press the leaves, and then use them on plaques or affixed to the small leather wallets that he also had become expert at making. He recognized these as "volunteer" hemp plants – they grow wild across the country, reminders of the days when hemp farming was commonplace and even, during World War II, encouraged by the feds as supporting the war effort. By the Kansas roadside, they were scraggly and abundant. When he pulled into the Tuttle Creek State Park outside Manhattan, and saw the plants growing everywhere, he "loaded … up."

Indeed, Peña thought nothing of the fresh-cut plants that he’d laid out in the back of the blue van he was driving. He knew – partly from experience of having smoked pot when he was younger, and partly because he knew that hemp was once a major agricultural commodity – that the plants were nothing more than weeds that looked like weed.

However, that’s not how Asby saw it. To him, it was clear that one thing, and only one thing, was taking place. Peña was moving a large amount of marijuana to Houston – as unusual as that might be, Asby acknowledged.

Peña repeatedly told Asby that the plants were hemp, and his insistence clearly gave some pause to Asby and the two backup officers who soon joined him. The three men stood next to the van pondering the notion that a plant could look like, but not actually be, marijuana. "I … questioned them, I said, ‘Well, he says it’s not marijuana,’" Asby recalled in court. "I knew that there was a substance called hemp and I was asking them. … And I asked them, ‘You ever heard of something like marijuana, just hemp, that is legal to have?’" he continued. "I don’t know that there is a legal kind. That was the question I was asking the officers: ‘Have you ever heard of this … where marijuana was cut and it turns out to be legal?’"

In the end, Asby was unpersuaded. "I just know marijuana smells like marijuana," he testified in 2003. "And I have never found anything that I thought was marijuana that wasn’t." He cuffed Peña and hauled him off to jail.

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