DEA
Medical Marijuana Industry News May 25, 2012
Andy Caffrey Plans to Smoke Marijuana in front of U.S. Capitol if he wins election…
A marijuana patient and activist is seeking to win the congressional seat for California’s 2nd district which includes much of the northern region of the state. Andy Caffrey has been known to light up a joint during his campaign stops. If elected he has vowed to continue the tradition on the steps of the United States Capitol building. The district has been occupied by long time law maker Wally Herger (R-CA) since 1987. Earlier this year, Mr. Herger announced that he would not be seeking re-election in November. Caffrey is hoping that he can win the soon to be vacant seat by advocating for major changes in marijuana law and voiced his frustration with both Republicans and Democrats. The race will be interesting as many hats have been thrown into the race with almost all of them supporting legalized or medical marijuana. Caffrey has spent previous time working with the environmental group Earth First.
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Appeals Court Rejects Medical Marijuana Suit by Disabled Plaintiffs…
Struggling patients were not granted the compassion they were seeking by federal courts. A lawsuit was filed against California (Marla James vs. the City of Costa Mesa) cities for cracking down on marijuana dispensaries. The plaintiffs claimed the actions of city municipalities were in direct violation of the Americans with Disabilities Act. The plaintiffs who are legal marijuana card holders say that other treatments have failed to reduce pain. The Americans with Disabilities Act prohibits discrimination in providing public services. The 9th U.S. Circuit Court of Appeals seemed to sympathize with the plaintiffs but felt they could not offer protection because the Americans with Disabilities Act recognizes federal law instead of state legislation.
For more on this story and the court’s decision click here
US Judge says GPS Use in Marijuana Bust Illegal…
The Drug Enforcement Agency followed Robert Dale Lee by installing a GPS device on his truck. In September of last year, Kentucky State Troopers pulled over Lee already having vital info provided by the GPS. Lee arrived in Kentucky with over 150 pounds of marijuana in his truck from Chicago. A US judge is throwing out the case because the DEA failed to get a warrant before installing the GPS. In January, the United States Supreme court ruled against the DEA having permission to use GPS locators without a warrant.
United States Senate Officially Outlaws Synthetic Cannabis…
While the outlawing of synthetic cannabis pretty much was handled several months ago by the US Senate, it is now official. Senator Rand Paul (R-KY) previously objected to the legislation but now the Senate is finally able to move forward. A bill was also passed by the house toward the end of 2011. Both bills will likely be combined and then be presented to the president for his signature. Senator Charles Schumer (D-NY) has led the federal charge against synthetic cannabis. Synthetic marijuana products such as “K2” and “Spice” have come under fire as they have been linked with serious side effects and emergency room visits, especially by teenagers.
Moving to Legalize Domestic Hemp
As the movement for the legalization of marijuana marches on people often forget about the Mary’s sister plant, industrial Hemp. Both plants are members of the cannabis genus and both are illegal to grow or possess under Federal law. They are two genetically distinct species with different properties. Marijuana contains as much as 27% THC in its buds, leaves and trichomes. Whereas hemp generally contains 0.3% or less THC (although some places do allow for it to contain 1% and remain classified as industrial hemp). Furthermore the two plants are unsuited to be used interchangeably. Marijuana is unsuited for industrial purposes such as paper, clothing and building goods due to the nature of growth of the plant fibers. Similarly, industrial hemp will not get have the effects of smoked marijuana. It is very similar to the way that poppy seeds can make a person test positive for opium, but would produce get them “doped up”.
Since 1937 it has been illegal to cultivate both marijuana and hemp plants, aside from a special dispensation in WW2 (see “Hemp for Victory“). Today many states have passed laws allowing for compassionate use of medical marijuana, but it is still illegal to domestically grow and distribute industrial hemp products. This continues despite growing demands for hempen clothing, building supplies, fossil fuel substitutes, and food products. However, it is legally allowed to import foreign hemp products. To meet this demand, American companies must purchase goods from Canada, China and a few European countries. This is a farce. America (from the time of the colonies) was built on money provided by Hemp cash crops. At this time we are relegated to sending hard-earned American dollars overseas (OK, Canada is not overseas) to buy raw seed and fiber and end-products that could easily be made here, at an economic benefit for Americans. This market has nowhere to go except upward, especially as more Americans become aware of the many benefits (nutritional, agricultural, industrial, economical) presented by Hemp.
Currently, eighteen states have recent laws (within the last 20 years), bills, or amendments on the books or pending legislation seeking to allow for domestic cultivation of Industrial Hemp. Many of those states have only first stage laws that require studies by state boards looking into economic and agricultural benefits. Many of these studies are underway, but none have been completed. Part of this is due to the political insecurity that arises from dabbling in marijuana laws. Although attitudes have shifted greatly in the last several years, many politicians are still wary of endorsing anything marijuana-related. Regardless of those studies, every bill has language reflecting the worries about Federal prosecution. The caveats in the bills all mention that Federal statutes must either be overturned, rewritten, or researchers and farmers will require permits or dispensations from the DEA, DOJ or even IRS in order to grow hemp crops and be in compliance of state and federal laws.
The most recent states to challenge this Federal ban include Kentucky, Vermont, North Dakota, Washington, Colorado, Oregon, and Montana. Members of Congress have also sought to change the laws. In 2007, 2009, and 2011 they have introduced “The Industrial Hemp Farming Act” so that low potency cannabis crops would be exempted from the Federal ban. The current measure, House Bill 1831 has numerous co-sponsors but has not received a Congressional hearing. If passed, states would have the power to approve and regulate hemp cultivation and trade. Last year, Hemp imports were valued at over four hundred million dollars. This number is expected to increase this year and more in the future. Hemp production could soon be valued at over $1 billion. Taxed revenues from this business would do well to help offset American debt and trade deficits, if it was a domestic product. Not only is this an incredibly useful plant, it is hardy and grows in poor soils that are unsuited for other crash crops. Additionally, rotating hemp through poor soils helps to lock nutrients back into the earth so that other crops can grow better. It also is a prime source for photosynthesis and carbon sequestration, helping to mitigate the problems posed by increased amounts of CO2 and other greenhouse chemicals present in the atmosphere.
As more information comes to light about hemp it seems that the cultivation of this plant is a win-win situation for the environment, the economy, and the people of our country. Unfortunately, the same special interests (tobacco lobby, Big Pharma, Alcohol, fossil fuels) who secured the ban over seventy years ago still have enormous political clout. Combined with the inordinate amount of false information and prejudice against the cannabis plant, those in favor of legalization face a stiff uphill battle. More than ever it is incumbent upon us, we the people, to take an active role in our nation’s future and declare that this plant should not be denied to us.
Anti-Marijuana Propaganda from the Mid-20th Century
For over 70 years Marijuana has been illegal in the United States. In that time, the powers-that-be have used many forms of propaganda to maintain their control over people’s fear of cannabis in order to prevent the reforms happening today. Initially, the fear and hatred of marijuana was stirred up by Henry J. Anslinger and his cunning use of racism and bigotry. Anslinger and William Randolph Hearst (Hearst publishing) preyed upon the feelings of the white majority and ideas of miscegenation (white women + not-white men). They also made sure people feared a minority uprising, led by unstoppable drugged-out berserker pot-heads. To this day there are still people who fear this, and push for continuing anti-marijuana legislation. However, one fear cannot be stoked continuously for 70 years. As time went by new fears were co-opted and put to use for the war on drugs.
Cannabis and hemp were made illegal in the 1930’s, but hemp was then re-allowed in World War 2 because of its industrial use. After the war ended the ban was reinstated and something else was needed to enforce it. Enter the threat to National Security. That’s right, after the Nazis were defeated and ideas of Superior Races were less popular the country needed something else to unify it. America had a new enemy… Communism! After the war, Anslinger continued to consolidate power into the government apparatus that would eventually become the DEA. With Senator Hale Boggs as his partner, President Harry Truman was convinced that drugs were being utilized by Communist China to subvert Americans and undermine our democracy. In 1951 Truman signed the Boggs Act which imposed strict penalties for violating the import/export laws pertaining to drugs. Part of these penalties were tough mandatory minimum prison sentences. In 1961, Anslinger had JFK used the US influence at the UN to push for an anti-drug convention that eventually saw over 100 countries agree to make marijuana illegal. It would not be the last time that national security would be used as a scapegoat for anti-drug sentiment. All of this helped build the reaction to the counterculture of the 1960’s and 70’s.
In the 1980’s and 90’s, most anti-drug PSA’s (Public Service Announcement) were focused on the negative effects of drugs on the mind, body and social ties. Anybody remember the “This is your brain on drugs” video with the smashed egg? Well, after the terror attacks of September 11, that type of ad moved to the back burner in favor of a terror and drugs cocktail. Many drugs are produced and exported by terror-supporting organizations (not going to debate that here) but once again cannabis was also targeted in these ads. So the teenager buying a bag from his dealer (which was probably grown domestically, in some backwood) is now helping Al-Qaeda to blow up airplanes and shoot marines. One particular PSA shows two men debating the truth of this. The skeptic says he doesn’t believe it, and the other guy says “It’s true,” repeatedly until the other man is convinced. There’s no evidence offered, or even a counterargument. He maintains his position and eventually the other guy is converted. As a 30-second tv spot makes a strong emotional impression, which is the crux of most propaganda. Facts are distorted in order to evoke an emotional response, which has been proven to create a stronger impression than just a factual argument… so far.
California and Colorado try New Approach toward Marijuana Law
As increasing numbers of details are revealed concerning the fall’s federal raids of medicinal marijuana shops, it’s becoming obvious that advocates have to take with an alternate approach. Although supporters of medicinal marijuana are equipped with solid details, the effective minority within our government isn’t prepared to admit defeat. U.S. Attorney General Eric Holder lately stated that recent raids were targeted at shops who weren’t in compliance with condition law. This could explain why there has been states going for a more organized approach toward safeguarding medicinal marijuana patients from the us government.
Based on a current article from MercuryNews.com, advocates in California are trying to find to institute a state-wide certification system for controlling the medicinal marijuana program. This could setup uniform screening systems for shops and patients. It might also create a far more structured tax code. People in america For Safe Access are leading the ballot initiative and believe that California often see less federal intervention when the condition implements these new rules. When the process goes well, California would create “The Board of Medicinal Marijuana Enforcement” which may oversee the non-profit companies creating, selling and lab testing the strains.
California isn’t alone within their new method for 2012. Colorado has implemented a state-wide license system. Additionally, Colorado makes a proper request towards the DEA to re-classify marijuana. When the DEA finally relented and accomplished it, states will not have to choose from following federal law and supplying relief to the citizens. Two governors from Rhode Island and Washington Condition have previously made such formal demands. Barbara Brohl, mind of The Colorado Department of Revenue authored the request which incorporated the next statement “As lengthy as there’s divergence in condition and federal law, there’s deficiencies in certainty essential to provide safe access for patients with serious health conditions.Inch
Even though the DEA hasn’t behaved on such demands previously there appears to become momentum as states have finished the legislative conflict between condition and federal law. Civil privileges issues previously have proven that it takes only a couple of brave pioneers to stimulate massive change. We’re now seeing more states setup systems that goal to safeguard their sufferers. Colorado’s program will probably function as a model for most of the already established states with medicinal marijuana, along with the 6 others with pending legislation. Since there three states presently asking for reclassification of cannabis, more are certain to join.
Two Governors seek Federal Reclassification of Marijuana
 
The legislative process within the U . s . States can help remind us of difficult family dynamics. You will find different opinions regarding how to handle a specific situation and also the debates frequently escalate into arguments. Within the legal world, just like a family structure, you will find unyielding people who won’t pay a new or even more progressive approach if this involves Medicinal Marijuana. Marijuana reform continues to be postponed for many years because of anxiety when progression just like a grandfather declining to simply accept the behaviour of the generation which has passed him by.
While you will find some in lawmaking positions who wish to keep that old notion that marijuana destroys lives, (actually the life is usually only destroyed after unnecessary incarceration, drug war casualties, or denial of drugs) many more are attempting to get grand daddy to calm lower, switch off “Leave it to Beaver”, and believe that a brand new discussion must occur. The brand new conversation a minimum of must be in Technicolor (where available) and even perhaps progress toward hd. Independent Lincoln subsequently Chafee of Rhode Island and Democrat Christine Gregoire of Washington are a couple of governors seeking a far more modern method of marijuana enforcement. Particularly, they’re seeking a re-classification of cannabis which presently continues to be an agenda I drug. This places it within the same grouping as heroin or ecstasy, and many particularly not cocaine. Based on the Controlled Substances Act, cocaine has significant medical value and consequently, likes an agenda II classification. The American Academy of Otolaryngology-Mind and Neck Surgery views cocaine to be really effective being an anesthetic. For medicinal marijuana advocates, this fact probably raises a litany of frustrating and baffling questions. Cocaine has known unwanted effects, and by no means has total support of People in america to savor legal comfort. Therefore we must request, how come our government carefully consider the dangerOrbenefits connected with cocaine, but merely dismisses this model for marijuana? Certainly most would agree that marijuana’s downside and possibility of harm pales compared to cocaine.
When the governors get their way, marijuana could be downgraded to some schedule II drug, departing the doorway open for government allowed medicinal marijuana. They’ve approached the DEA and asked for the problem be examined. The DEA has acknowledged getting a petition through the governors, that will require DEA to examine advances in marijuana research since 2006, the final time the problem was given to the DEA. Christine Gregoire was very direct in her own claims and stated “Poll after poll shows a massive most of People in america now see medicinal marijuana as legitimate.” She also added “An ever-growing quantity of doctors now tell 1000’s of suffering patients they might find respite from the initial medicinal characteristics of cannabis.”
The task of governor is difficult within this political/economic system. Nearly every condition appears to stay in financial trouble. Balancing budgets and enforcing laws and regulations without use of additional funds isn’t a desirable undertaking. Many chosen authorities are actually public regarding their need to alter marijuana laws and regulations. Marijuana reform can generate revenue, reduce funds allocated to enforcement/incarceration and also to provide relief inside a country where medical costs happen to be increasing. America no more has got the luxury of entertaining grand daddy just because a fast and progressive overhaul is required immediately.
Spotlight on Dennis Kucinich
There are supporters of medical marijuana in very high profile positions. Even if there is lack of sensible conversation on marijuana in the mainstream, it is important to highlight the efforts of those who voice a sense of reason. In this article, we will take a look at Dennis Kucinich, house member and long time supporter of marijuana reform.
Dennis Kucinich was born in the political battleground state of Ohio. His father was truck driver and his mother was a homemaker. They did not have a great deal of money and his family was forced to move 21 times during his childhood. His political career began over 40 years ago, when at age 23 he was elected to the Cleveland City Council (1969). He would then go on to become Cleveland’s youngest mayor in history. After that he had an up and down career (in terms of winning elections) until 1996, when he was elected into the U.S. House of Representatives for the state of Ohio. Since then he has been known for individual thinking and courage to speak his mind. Kucinich was against the Iraq invasion from the beginning and has regularly voted against funding for the conflict.
Kucinich has many fans as he not afraid of how the media will portray his words. He has regularly taken a position of decriminalization/legalization toward marijuana. Most recently, at Hempfest 2011, he stated “It’s not a radical position at this point in American history to say that decriminalization or legalization ought to occur.” On medical marijuana Kucinich has said “Those who need medical marijuana for the relief of their pain should be able to achieve that without any interference from the DEA at all.” He has also supported bills by Ron Paul (R-TX) and Barney Frank (D-MA).
For advocates of marijuana reform, it is important to take note of those in power who support those views. We know about the few congressmen who are not afraid to voice their opinions on this issue. The issue now is to take this conversation to those who either are not comfortable speaking about it, or challenge the opposition’s thirst for wasting tax dollars.
Read more about Dennis Kucinich at:
Biography.com | Dennis Kucinich Biography
Reason.com | Dennis Kucinich Talks