The Science of Toxicology and U.I. or "Under the Influence and/or Intoxication?" of Cannabis/Marijuana and D.O.A. Drug Testing


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The Official Court Documents that I present to you below here, {THIS ONE TIME, FOR FREE = this offer will not last and is for a limited amount of time = THIS SET OF DOCUMENTS WILL GO MISSING AND A FEE WILL BE CHARGED LATER FOR THIS INFORMATION} The following Documents were presented, accepted and registered by the Criminal or Courts as "Evidence" as they were listed by the Kentucky Courts in a case I recently Advocated in on behalf of James E. Coleman.
Are in fact, the PROOF, that Cannabis/Marijuana/Hemp or Unspecified levels of Cannabinoids are natural within the human body and that their presence or levels or "analytical threshold" combined with the fact that this test measures "no quantification of a specific compound" in the blood, are proof, there has been no measure of  intoxication, performed by this test where cannabiniods are concerned and that this test can not show toxicity.
According to this Expert Witness.
Therefore they are unable to test levels for intoxication as they claim is claimed by the manufacture of the test and/or Law Enforcement in U.I. charges or related cases. These documented facts apply to the Test it’s self given and the Cannabinoid levels… Therefore apply to all these D.O.A. = "Drug of Abuse" Blood Serum U.I. Test used by Law Enforcement and Not the Individual. As these facts apply to all humans and all these Test.

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PLEASE CONTINUE READING…

Marijuana Possession Played Key Role in Police Shooting of Keith Scott


By Daniel Politi

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Possession of marijuana played a significant role in the police killing of Keith Lamont Scott on Tuesday. Charlotte-Mecklenburg Police Department Chief Kerry Putney said during a news conference that officers were trying to serve a warrant for someone else when they spotted Scott rolling “what they believed to be a marijuana ‘blunt’" in his car. At first they allegedly didn’t think much of it, until they saw Scott had a weapon and thought, “uh oh, this is a safety issue for us and the public,” Putney said.

Putney spoke at a news conference in which he announced police would release body cam and dash cam videos of the encounter.

Along with the videos, the police also released a statement on what is known about the case. Although at first “officers did not consider Mr. Scott’s drug activity to be a priority” that changed once they saw him hold up a gun. “Because of that, the officers had probable cause to arrest him for the drug violation and to further investigate Mr. Scott being in possession of the gun.”

The police released photographs of the gun, ankle holster and joint he had on him at the time of the shooting.

“It was not lawful for [Scott] to possess a firearm. There was a crime he committed and the gun exacerbated the situation,” Putney said. The press conference marked the first time law enforcement had mentioned the detail about the marijuana.

“Due to the combination of illegal drugs and the gun Mr. Scott had in his possession, officers decided to take enforcement action for public safety concerns,” notes the statement.

Putney continued to insist that Scott “absolutely” had a gun, although he acknowledged that wouldn’t be clear from the released video. He also stood by earlier statements that the shooting was justified and officers acted lawfully. “Officers are absolutely not being charged by me at this point,” he said.

The official police statement says officers “gave clear, loud and repeated verbal commands to drop the gun” but Scott “refused to follow the officers repeated verbal commands.” And then Scott “exited the vehicle with the gun and backed away from the vehicle while continuing to ignore officers’ repeated loud verbal commands to drop the gun.” That was seen as “an imminent physical threat” and an officer opened fire. A lab analysis “revealed the presence of Mr. Scott’s DNA and his fingerprints” on the gun that was loaded, notes the police statement.

Daniel Politi has been contributing to Slate since 2004 and wrote the "Today’s Papers" column from 2006 to 2009. You can follow him on Twitter @dpoliti.

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Kratom Advocates Sip Tea and Seethe at White House Rally Against DEA Ban


One user plans to move to Canada. Another plans to quit. Many more don’t know what to do.

By Steven Nelson | Staff Writer Sept. 13, 2016, at 6:20 p.m.

Several protest attendees brought their own bottle of kratom tea Tuesday to the White House. Those who did not were offered a Solo cup.

Several protest attendees brought their own bottle of kratom tea Tuesday to the White House. Those who did not were offered a Solo cup. Steven Nelson for USN&WR

Hundreds of passionate protesters gathered Tuesday near the White House to demand that the popular plant product kratom remain legal. It was jointly a business industry conference, a tea party and a desperate consumer lobbying effort — but the clear-eyed crowd appears to have little chance of near-term victory.

A comprehensive U.S. ban likely will take effect on Sept. 30, just a month after the Drug Enforcement Administration surprised users by saying it would invoke emergency powers to make leaves from the tree grown in Southeast Asia illegal by labeling two main constituents Schedule I substances.

In the face of long odds and silence from Capitol Hill, the event called by the American Kratom Association sought to pressure officials to reconsider while laying the groundwork for what may become a protracted re-legalization campaign.

A large jug of brewed kratom sat in the middle of Pennsylvania Avenue, with red Solo cups offered to anyone who wanted some. At least one reporter sipped the brew, which tasted like astringent green tea. Another journalist took a pill offered as a free sample by a businessman.

Kratom users who attended the rally said it’s wrong for them to lose legal access to what they say is an effective treatment for pain, addiction, depression and other conditions.

Though many said they were angry, chant-leaders asked the crowd of a couple hundred to stay on message and favored reason over rage, which often is a leading emotion at White House protests staged by marijuana reform advocates who say decades in Schedule I has stalled medical cannabis research amid millions of arrests.

“I’m usually very quiet but felt the need to come out and speak,” says Veronika Bamford-Conners, a kratom-selling store owner from Sullivan, Maine, where, she says, most of her customers are older than 55.

“If they don’t have insurance and can’t afford medications, they find a cheaper alternative in kratom,” she says, though some seem to prefer relief from the leaf to painkillers, such as a 73-year-old man who she says called her weeping “because pharmaceuticals were killing him” before.

Chants at the rally advertised the death toll from accidental overdoses of opioids – more than 28,000 in 2014 alone, including legal painkillers and illegal drugs like heroin – with the low or nonexistent U.S. toll from kratom.

The DEA says it believes 15 deaths were caused by kratom, though American Kratom Association founder Susan Ash says the group hired a toxicologist who concluded each case could be attributed to other drugs.

Many kratom users say the plant has helped them abstain from substances they formerly were addicted to, often heroin or prescription painkillers.

“Kratom saved me, I was a bad heroin addict,” says David Allen, who traveled from Chapel Hill, North Carolina. “It keeps cravings away and helped me not drink. I came because I don’t want to lose my medicine.”

Allen says that although the DEA – and even some former kratom users – say the drug can lead to dependence, it’s nothing like the grasp of opioids. He says he believe it’s about as abusable as coffee, which comes from a related plant, and that like coffee withdrawal, ending kratom can cause minor headaches.

Brad Miller, a physics teacher at Spotsylvania High School in Virginia, says he drinks small amounts of kratom tea between three and five times a day to treat arthritis in his knees. He says the effects are “very mild” and “just enough to take the edge off so I can get through my day standing.”

Miller says prescribed painkillers from his rheumatologist were too strong and that unlike opioids he hasn’t developed an addiction to kratom. He says he went on a weeklong camping trip and – unlike the experiences of some users – felt no withdrawal symptoms.

“I didn’t have withdrawal symptoms, but I did have arthritis pain,” he says. “I’d be surprised if anyone has experienced strong withdrawal symptoms.”

Though Miller and others at the event said they aren’t sure what they will do at the end of the month, Heather Hawkins says she’s made up her mind to move to Canada, where kratom remains legal.

Hawkins, a journalist with northern Florida’s Pensacola News-Journal and owner of the Kratom Literacy Project, says she has an incurable bladder disease and is eyeing Vancouver after already moved to the Sunshine State from Alabama in reaction to a local kratom ban.

Talk about moving abroad often is spouted unseriously by political partisans around election time, but Hawkins says she’s completely serious after living in a painkiller-induced haze that left her depressed and unable to get out of bed.

“I’m not going to stay here [if the ban takes effect] because I’m not going back to that life,” she says.

Hawkins says she’s in addiction recovery from cocaine, which she says she used as self-medication to give her the energy to power through her pain and despair, and that if she regarded kratom as a drug she would not take it.

Though kratom is widely known for claims that it can help keep opioid addicts clean, it’s also credited with sapping desire for other substances.

Jeremy Haley, owner of Colorado’s Rocky Mountain Kratom, says he began using kratom in 2012 after a drunk driving arrest, and that it has helped veer him away from his alcoholism, which runs in the family.

Although the ban hasn’t yet taken effect, Haley says local officials have shut down his shop for what he views as dubious reasons, making him unable to sell the remaining inventory – the latest in what he says has been a constant regulatory headache that featured him asking Yelp reviewers to delete positive reviews to placate federal officials who wanted proof he was not marketing kratom for human consumption.

Haley plans to open a totally legal apothecary shop if the ban takes effect.

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Pot Breathalyzer Hits the Street

A futuristic drug-detecting fingerprint scanner may soon follow.

The Law of Unintended Consequences: Illicit for Licit Narcotic Substitution


Image result for heroin plant

Originally written July 15, 2014 at LINK below

Martin R. Huecker, MD and Hugh W. Shoff, MD, MS

 

The dealers will not use it. Heroin dealers have explicit knowledge of the addictive properties of their product. The heroin addict is no longer the desperate character living under a bridge. She is a 17-year-old high school senior who runs out of her grandmother’s oxycodone. He is the stockbroker who weighs the economics of purchasing one oxymorphone on the street for $100 or ten doses of heroin for $200. Because these people are ingesting and injecting products of unknown composition and unfamiliar potency, they can potentially overdose. If lucky, they end up in the emergency department rather than the morgue.

Kentucky ranks third in the nation in drug overdose mortality rate per 100,000 persons, with opioid pills making up the majority.1 In response to these statistics, the State of Kentucky passed House Bill One (HB1) in April 2012, effective October 2012. Also known as “the pill mill bill,” HB1 contains provisions intended to limit opioid prescriptions by pain management physicians and by other acute care providers such as emergency physicians. To prescribe narcotic pain medications, physicians must perform a full history and physical, prescribe only a short course, educate the patient on risks of controlled substances, and obtain a report from a statewide prescription monitoring program (PMP) (Kentucky All Schedule Prescription Electronic Reporting [KASPER]).2

As a result, the number of registered KASPER users in Kentucky has gone from 7500 to 23,000 from December, 2011 to November, 2012. Reports are up from 3300 to 17000 in the same time frame.3 According to the same press release, Kentucky witnessed a decrease of 10.4% total prescriptions in the first six months since HB1 was enacted.3

Mandating PMP reports, as sixteen states currently do, leads to an increase in reports, but so far no statistical difference in opioid overdose mortality.1,4,5,6 In fact, this legislation may not even lower the rate of opioid consumption, rather may shift which opioids are being prescribed.6

Researchers in Ohio looked at the impact of real time PMP information on opioid prescriptions. With PMP data, providers changed prescriptions in 41% of cases; 61% giving fewer opioids but 39% prescribing more opioids.7

House Bill One was intended to and has reduced opioid prescriptions in Kentucky. Forty-four pain clinics in Kentucky closed overnight.8 Preliminary analysis at a large, metropolitan emergency department has shown a decrease in prescriptions for hydrocodone and oxycodone, along with a decrease in ED administration of these medications. This type of “pill mill” legislation has been passed in Louisiana, Florida, Texas and California with varying results.9

Florida had a sharp decrease in opioid prescriptions after similar legislation. Having 90 of the top 100 physicians on the Drug Enforcement Agency (DEA) 2010 list of top opioid purchasers, Florida saw the number decrease to 13 in 2011, and zero as of April 2013.10 In 2011, Ohio passed a “pill mill bill” to crack down on pain management clinics.11 This legislation led to seizing of 91,000 prescription pills with 38 doctors and 13 pharmacists losing their medical licenses. In the end, 15 medical professionals were convicted on diversion charges.11 With all of this, pill overdose deaths began to decline, but heroin overdoses “skyrocketed.”11

The unintended but foreseeable consequence of such measures has been increase in distribution, abuse, and overdose of heroin. Heroin has gained market share in a similar way in the past. In 2010, Purdue Pharma began manufacturing a reformulated OxyContin after a $600 million fine for misrepresentation.12 Endo Pharmaceuticals Inc. followed in 2011 with an Opana ER reformulation. This resulted in making the pills harder to crush into powder for snorting or injecting.13,14 States such as Florida, Ohio, Minnesota, and Utah have seen patients turn to heroin after crackdown on prescription opioid availability.11,14

The New England Journal of Medicine warned us of what would be a two-fold increase in heroin use after the reformulation of Oxycontin.15 In the 2010 ODLL report, the United States DEA also attempted to warn health care organizations that Oxycontin users might switch to heroin.16,17 The first paper we know of to report this warning was published 3 years later in 2013.16 This paper, a qualitative study of the transition of opioid pill users to heroin users, provides insight into the economic and convenience factors associated with the switch. The researchers interviewed a small sample of heroin users, forty-one in all. All but one of the 19 heroin users aged 20–29 started with pills and progressed to heroin – “termed pill initiates.”16

Numerous popular news reports directly implicate decreased opioid pill availability in the rise of heroin abuse and overdose.16 However, very little discussion of this phenomenon has entered the emergency medicine literature.

The drug cartels have capitalized on the United States opioid appetite and now decreased supply of pills. The route from Mexico to Detroit, then south through Ohio, ends up in northern and central Kentucky. The Kentucky State Police recovered 433 samples of heroin in 2010. In 2012 the number was 1349.13 In Lexington, KY, the eight total heroin arrests in 2011 exploded into 160 in the first 6 months of 2013.18,19 Undercover narcotics officers in Lexington find it easier to buy heroin than marijuana.

Heroin-related overdoses in Kentucky increased from 22 cases in 2011 to 143 cases in 2012, and 170 in the first 9 months of 2013.8,20,21 Kentucky’s percentage of overdose deaths involving heroin went from 3.2 in 2011 to 19.5 in 2012 and up to 26 in 2013.8.21 This phenomenon has occurred in Florida, California, Massachusetts, New York, Oregon, Washington and Ohio.11,2224

The emergency medicine literature has minimal recent discussion of heroin overdose management in the ED; nor have we discussed secondary prevention. Supportive therapy suffices in the ED, with liberal naloxone use and airway protection. State and federal actions to curb heroin deaths can be effective. Good Samaritan laws, present in only one third of states, protect from prosecution those lay individuals attempting to help themselves or companions in overdose situations.

Also present in only one third of states are laws to expand community access to reversal agents such as naloxone. Twenty-two states have laws requiring or recommending education for opioid prescribers. Medicaid expansion to cover substance abuse treatment has occurred thus far in less than half (24) of states.1

As more states enact measures intended to reduce total opioid prescriptions, legislators and healthcare providers alike must be aware of the predictable and devastating rise in heroin sales, abuse, and overdose. Funding for this legislation should include monies allocated toward substance abuse treatment programs and availability of naloxone. Similarly, pill mill bills could universally be coupled with Good Samaritan laws in anticipation of the increase in parenteral opioid overdoses. Funds could be allocated to lay population education via public service announcements. Stricter punishments for drug traffickers could accompany such legislative changes. Many of these measures have been presented as interventions to combat prescription opioid abuse and can now be applied to the subsequent heroin abuse and overdose dilemma.9

At the first line of medical care, emergency physicians must be involved in efforts to minimize collateral damage in this long-term process of curing America’s addiction to opioid drugs and their horrible consequences.

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Marijuana Missionaries: First Cannabis Church Rolls Into Michigan


There’s no religious dogma in this church, but these marijuana missionaries are intent in on bringing ostracized stoners back into the fold.

By Beth Dalbey (Patch Staff) – September 19, 2016 10:05 pm ET

Marijuana Missionaries: First Cannabis Church Rolls Into Michigan

Congregants in this church aren’t high on Jesus. In fact, the very name of the church sounds like lyrics from a rock and (ahem) roll song or the backdrop for a classic Cheech and Chong movie.

It’s true that First Cannabis Church of Logic and Reason’s sacrament might be a doobie or marijuana-infused brownie instead of the body and blood of Christ, and its dogma is steeped in giving thanks to the cannabis plant for its healing nature and the sense of well-being it gives users instead of Jesus’ sacrifices for sinners.

The church, made up of a congregation of mostly atheists and agnostics, made its debut in Lansing, Michigan, earlier this summer.

So, how can it be a church if its members eschew a higher power — beyond, that is, the feeling of euphoria they get from smoking pot or the satisfaction of using a sustainable crop for fuel and fiber?

“Well, the reality is it sounded better than a cannabis cult,” organizer Jeremy Hall told the Lansing State Journal after the congregation’s inaugural service last June that included time for fellowship and a potluck with “both medicated and non-medicated food.”

First Cannabis Church in Indiana

The First Church of Cannabis traces its roots to Indiana as a political statement in response to the Religious Freedom Restoration Act, backed by Indiana Gov. Mike Pence, now Republican presidential nominee Donald Trump’s running mate.

Self-anointed Grand Poobah Bill Levin has made all sorts of glib proclamations, including the Deity Dozen, which is sort of like the Ten Commandments— for example, “Do not be a ‘troll’ on the internet, respect others without name calling and being vulgarly aggressive,” and “Treat your body as a temple. Do not poison it with poor quality foods and sodas.” Also, don’t be a jerk, or words to that effect.

There are also marijuana-based churches in Florida, Alabama, Oregon and Arizona. Many of them embrace organized religion to one extent or another, but Hall is more resolute in his iteration.

At the First Cannabis Church of Logic and Reason in Michigan, it’s all cannabis, all the time — whether in its leafy tobacco form, as fiber for clothing, as a biofuel or for shelter, paper and plastics.

It’s a miracle,” Hall told The Detroit News. “It can save humanity. Cannabis is something to be put on a pedestal, to be revered.”

What’s God Got To Do With It?

An ordained minister with the online Universal Life Church and a marijuana caregiver who originally hails from Ypsilanti, Hall moved back to Michigan from Tennessee in part because legal medical marijuana is available for treatment of his wife’s lupus.

He hopes congregants at the Lansing church can change attitudes about pot smokers with service projects around the city, like a recent cleanup at a Lansing park.

From his early youth indoctrinated in the Young Earth Creationist congregation — a fundamentalist church that rejected evolution and forbade the use of radios because it supposedly played the devil’s music — to his new role as the founder of the First Cannabis Church of Logic and Reason, Hall has experienced both ends of the religious spectrum.

Though he rejected many of the tenets of his early teachings and other religions, he told The Detroit News he liked the fellowship aspect of church in general and the way a house of worship can gather in people who live on the margins. So he formed a church, taking God out of the equation.

Still, Hall’s church embodies the WWJD — “What would Jesus do?” — spirit more than you might think, even though it is not rooted in Christianity.

On a flyer seeking participants in a recent park cleanup, Hall acknowledged that pot smokers “have been demonized in the eyes of the public as miscreants and law breakers, ignorant and unmotivated.”

So, just as Jesus reached out to the disenfranchised, the church is a chance for Hall and his wife to reach out to people who have been “using cannabis and feeling ostracized” by their regular places of worship, Michigan Radio reported.

“We’re using our church to elevate the community and to show we aren’t a drain on society or a bunch of unmotivated criminals,” Hall told the Lansing State Journal.

Pot City, Michigan?

Not surprisingly, the church, located in the shadow of four medical marijuana dispensaries, has some detractors.

The Rejuvenating South Lansing citizens’ group, which wants more restrictions on dispensaries, worries the church further mainstreams marijuana use and will draw more users to the city.

“This is just another way they can do whatever they want,” Elaine Womboldt, the group’s founder, told The Detroit News. “We don’t want to be known as the pot city of Michigan.”

Also, at the first service earlier this summer, a lonely protester, Quaker traditionalist Rhonda Fuller, of Lansing, held a sign that warned the only people who benefit from marijuana are profiting financially from it: “It’s about money, not you. It’s misery for everyone else.”

Fuller told The Detroit News it’s unconscionable to call the First Church of Cannabis a church.

“Anyone can call anything a church,” she said. “It has nothing to do with Christianity — but neither does most churches.”

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Is pot as dangerous as heroin? Feds’ decision on rescheduling marijuana coming soon


El Monte Police Lt. Christopher Williams looks over a portion of about 500 marijuana plants in various stages of growth after serving a search warrant at a home at 4300-block of Huddart Avenue in El Monte on Monday March 9, 2015.

 

By Brooke Edwards Staggs, The Orange County Register

Posted: 07/09/16, 8:37 PM PDT

 

At the same time Californians are preparing to vote on the legalization of adult marijuana use, the federal government is weighing whether pot should continue to be classified as a top-tier narcotic on par with heroin.

Within a month, the Drug Enforcement Administration is expected to release a much-anticipated decision that could alter cannabis’ ranking in the hierarchy of controlled substances — a formal listing that affects everything from medical research to taxing policy.

Since the list was created in 1970, marijuana has been ranked in Schedule I — the most restrictive category ­alongside heroin, LSD and peyote. The designation is reserved for drugs the DEA says have no proven medical use and are highly addictive.

What about Congress?

Even if the Drug Enforcement and Food And Drug administrations don’t recommend changing where marijuana falls on the controlled substances list, Congress could.

Elected officials are more likely to be influenced by growing public acceptance of marijuana — particularly if they represent one of 25 states with legal marijuana programs.

“I think that’s probably an easier sell than the decision coming from doctors and police,” said John Hudak, a deputy director with the Brookings Institution.

Some members of Congress support rescheduling marijuana, including Sen. Barbara Boxer. Some have even pitched descheduling it, including presidential hopeful Bernie Sanders. But none of those efforts gained traction, and Paul Armentano with the advocacy group NORML isn’t optimistic Congress will act on the issue anytime soon.

“I’m not aware of a single hearing much less a vote even in a subcommittee that has ever taken place at the Congressional level specific to the notion of reclassifying marijuana,” he said.

“We’re bound by the science,” said Melvin Patterson, spokesman for the DEA.

But many experts and advocates say the current classification is increasingly at odds with scientific studies on marijuana, which suggest the drug has medical value in treating chronic pain, seizures and a number of other conditions, with a lower addiction rate than alcohol.

The DEA ranking also lags behind a growing public consensus. Roughly 80 percent of Americans believe medical marijuana should be legal, according to recent polls, while some 60 percent support legalizing the drug for all adults.

“In 2016, this notion that cannabis possesses potential harms equal to that of heroin … simply doesn’t pass the smell test,” said Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, or NORML.

Medical marijuana is now legal in 25 states. Recreational use is allowed in four states plus Washington, D.C. If California green-lights recreational use this November, one in six Americans would live in a state where adults would be allowed to freely use cannabis.

The question of how cannabis should be ranked has been hotly debated since Congress placed it in the Schedule I group when it passed the Controlled Substances Act nearly 46 years ago. The drug’s classification has been reviewed periodically, with the latest reexamination prompted by a petition filed with the DEA five years ago by the then-governors of Rhode Island and Washington.

In April, the DEA advised Congress that it expected to announce a decision in the first half of 2016.

Patterson said officials now “clearly anticipate something happening in the next month.”

The agency has several options: keep cannabis as a Schedule I drug; reclassify some or all of its compounds to a lower schedule; or remove the plant from the controlled substances list altogether.

There is a greater chance than ever that marijuana will be rescheduled, said John Hudak, who studies the topic as a deputy director with the Brookings Institution. But he still expects pot to remain a Schedule I drug.

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“It needs to cross a threshold that says it has an accepted medical value,” Hudak said. “While there are plenty of patients and doctors who do believe it has medical value, that’s not a universal belief in the medical community.”

Leslie Bocskor, president of Las Vegas-based cannabis advisory firm Electrum Partners, thinks the odds slightly favor a reclassification of marijuana to Schedule II. That category includes morphine and cocaine, which the DEA says are highly addictive but have some medical value. A form of cocaine, for example, is used by some dentists as a local anesthetic.

The least restrictive of the five schedule categories, Schedule V, includes cough syrup with a bit of codeine.

Alcohol and tobacco aren’t included on the DEA’s controlled substances list, even though federal studies have found both are associated with higher dependency rates than marijuana.

Patterson said the DEA frequently hears from people frustrated that marijuana hasn’t been rescheduled sooner.

“They have their mind made up on what marijuana does in the short term,” he said. “But what about different strains? What about 10 years from now or even 20 years from now? Long-term effects matter.”

For the medical marijuana community, even reclassifying cannabis as a Schedule II drug would offer some vindication.

“At a minimum, it would bring an end to the federal government’s longstanding intellectual dishonesty that marijuana ‘lacks accepted medical use,’ ” Armentano said.

Such a shift by the DEA also might offer a small boost to at least half-a-dozen states with medical or recreational marijuana initiatives on the ballot this November.

That potential to give some credence to legalization efforts is one of the reasons a few members of Congress, including Sen. Chuck Grassley of Iowa, and the organization Smart Approaches to Marijuana, or SAM, cite in arguing against reclassifying marijuana.

“Rescheduling would simply be a symbolic victory for advocates who want to legalize marijuana,” SAM wrote in a policy paper on the issue.

But both the California and American medical associations say rescheduling pot could lower the barriers a bit for federally sanctioned drug research.

The DEA has never turned down a marijuana research request that met federal criteria, Patterson said. But experts say red tape related to Schedule I drug research is so formidable that it discourages applications. So while there are tens of thousands of peer-reviewed studies on marijuana, there are few costly and rigorous double-blind, placebo-controlled trials involving cannabis.

Moreover, researchers say, marijuana studies are saddled with restrictions that don’t apply to other Schedule I drugs.

Since 1968, for example, the federal government has said only a tightly controlled stock of high-quality marijuana grown under contract by the University of Mississippi can be used for FDA-approved studies. Armentano said that restricts the supply available for research.

If marijuana were reclassified to at least Schedule III — alongside Tylenol with codeine and anabolic steroids — it would mean the nation’s rapidly growing number of cannabis-related businesses could begin deducting operating expenses from their federal taxes.

Under a tax rule imposed during the Reagan Administration’s 1980s anti-drug war, businesses dealing in Schedule I or II substances are prohibited from writing off common expenses such as rent, utilities or advertising.

Harborside Health Center, a large Oakland dispensary, has been battling the IRS over the rule for five years, after being assessed $2.4 million for illegal deductions. A decision in that case is expected soon.

Even if cannabis was moved down the controlled substances list to the least-restrictive category, the industry would still be likely to face business and regulatory hurdles.

Armentano likened such a change, should it come, to the first stride in a marathon.

“Technically, it gets you closer to the finish line,” he said. “But you still have a whole hell of a long way to go.”

Pot would remain an illegal substance under federal law. Reclassification wouldn’t necessarily open access to banking services, Hudak said. And doctors wouldn’t automatically switch to writing prescriptions, as opposed to “recommendations,” for medical marijuana, since that’s only allowed for FDA-approved drugs.

“There are certain people who play up rescheduling as an earth-shattering reform,” Hudak said. “It is not.”

He said sweeping changes would only come in the unlikely event that cannabis was completely descheduled, putting it on par with alcohol.

That would allow local governments to create cannabis policies free from federal interference, Armentano said, the way they can set their own hours for when bars stop serving alcohol or make entire counties “dry.”

Armentano isn’t optimistic the DEA will move marijuana to a less restrictive category, but he said there’s been one positive result from the current review.

“There’s attention being paid to how they handle this situation in a way that just wasn’t there before,” he said. “If the DEA goes down the same path as it has in the past, I think they’re going to have some explaining to do.”

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Democrats call for ‘pathway’ to marijuana legalization


 

 

 

By David Weigel July 9 at 6:27 PM

ORLANDO — The Democratic Party endorsed a “reasoned pathway to future legalization” of marijuana and called for the drug to be downgraded in the Controlled Substances Act, in a tense and unexpected victory for supporters of Sen. Bernie Sanders.

Going into the platform committee meeting, Sanders’s campaign had no new language about marijuana. The senator from Vermont had favored state-to-state legalization efforts, and the language approved by the drafting committee called for “policies that will allow more research on marijuana, as well as reforming our laws to allow legal marijuana businesses to exist without uncertainty.”

But on Saturday afternoon, the committee brought up an amendment that would have removed marijuana from the Controlled Substances Act. David King, a lawyer and Sanders delegate from Tennessee, argued that marijuana was added to the act — giving the drug the same legal classification as heroin — during a “craze” to hurt “hippies and blacks.” The amendment, however, was headed for defeat, with some committee members worrying that it went too far and undermined state-by-state efforts to study decriminalization.

Arguments stopped when committee members proposed swapping in the language of a rival amendment — one that merely downgraded marijuana from Schedule 1 of the Controlled Substance Act and included the undefined “pathway” to legal status.

When the vote was called, 81 of the 187 committee members backed the downgrade amendment — and just 80 opposed it. A roar of applause went up from the seats where people not on the committee were watching the votes.

For the next 10 minutes, that victory was thrown into jeopardy. Former Atlanta mayor Shirley Franklin, the co-chair of the platform committee, entertained a complaint that at least one member might not have been able to vote, lacking the “clicker” that recorded electronic ballots.

“If you don’t have a clicker, now is the time to ask for one,” Franklin said.

Arguments broke out, some of them over the black-curtained divider keeping the committee members from the non-voting observers, and one Clinton delegate complained audibly that the Sanders delegates “wanted 100 percent of everything.” (The vast majority of observers, since Friday, have been Sanders backers.) Finally, former senator Mark Pryor (Ark.), a Clinton delegate, walked up to a microphone to announce that opponents of the amendment were unhappy that the compromise language had been replaced — but not unhappy enough to fight about it.

“We withdraw the objection,” he said.

There was more celebration in the back of the room. Later, after the unanimous adoption of a tough criminal justice reform plank, the grumbling that ended some sessions was replaced by Sanders voters saying: “Thank you! Thank you!”

The text of the marijuana amendment:

Because of conflicting laws concerning marijuana, both on the federal and state levels, we encourage the federal government to remove marijuana from its list as a Class 1 Federal Controlled Substance, providing a reasoned pathway for future legalization

The text of the criminal justice amendment:

We will work with police chiefs to invest in training for officers on issues such as de-escalation and the creation of national guidelines for the appropriate use of force, including how to de-escalate situations. We will encourage better police-community relations, require the use of body cameras, and stop the use of weapons of war that have no place in our communities. We will end racial profiling that targets individuals solely on race, religion, ethnicity, and national origin, which is un-American and counterproductive. We should report national data on policing strategies and provide greater transparency and accountability. We will require the Department of Justice to investigate all questionable or suspicious police-involved shootings, and we will support states and localities who help make those investigations and prosecutions more transparent, including through reforming the grand jury process.

CONTINUE READING…

After Fighting for Freedom, 76-yo Vet Sentenced to Die In Prison for Treating His Illness With Pot


 

 

Claire Bernish April 21, 2016

As public frustration helps sound the death knell for the drug war, its arbitrary laws and policies appear even more absurd. In the latest inexcusable enforcement of an antiquated law, 76-year-old disabled veteran Lee Carroll Brooker will live out what should be his golden years behind bars — for simple possession of cannabis.

Brooker had been treating multiple chronic conditions with cannabis he grew in his son’s backyard; but when officials in Alabama officials discovered the three dozen plants, they threw him in prison for life — without the possibility of parole.

Thanks to a pointless mandatory minimum sentencing catchall — and the Supreme Court’s refusal to hear his case this week — Brooker has been left little recourse but to ultimately die in jail for treating his ailments with a plant.

“Alabama, like three other states, mandates a life without parole sentence for simple possession of small amounts of marijuana by people with certain prior felony convictions — and Mr. Brooker had been convicted of a string of robberies twenty years earlier in Florida, crimes for which he served ten years in prison,” The New York Times explained. “In such a case, the law doesn’t require prosecutors to prove any intent to sell the drug.”

Essentially, Brooker has been imprisoned twice for the same crime — because he sought relief from nature instead of arguably dangerous, legal and often lethal pharmaceuticals, courtesy of Big Pharma. Worse, Alabama’s already irrational law sets the cutoff in a case like this at 2.2 pounds (1 kilogram), and Brooker’s plants weighed just 2.8 pounds — but that included unusable parts, like stalks and leaves.

Make no mistake — this is an unjust law, an unjust conviction, and a ridiculous capitulation by the Supreme Court to Alabama’s archaic notion a nonviolent offense should somehow land a vet behind bars for life and separate him from his medicine — as if law were an inflexible monster to be beholden to, no matter its worth.

In fact, as the Times pointed out, “[W]hile the sentence was mandatory, the prosecutor was not required to bring the precise charges that triggered it. Prosecutorial discretion here, as in most cases, is a central factor in determining what punishment defendants face.”

In other words, the prosecutor railroaded Brooker over his personal, medicinal plants — by choice. Brooker, who joined the U.S. Army at age 17 and came under fire in both Lebanon and the Dominican Republic, eventually rose to the rank of sergeant in the 82nd Airborne — where he was decorated for infantry service. 

Vox reported that even “notoriously conservative” Alabama Chief Justice Roy Moore characterized Brooker’s sentence as “excessive and unjustified.” And according to the Times, the judge deciding the vet’s fate would have preferred to hand down a lighter sentence, but once the charges had been brought as they were, he was obligated to enforce the letter of the law.

Yes, this disabled man technically broke the law; but proffering such a rebuttal rings hollow, if not cold, considering the majority of Americans support cannabis legalization. Legality does not dictate morality.

A growing segment of officials and public figures do, as well, as The Free Thought Project reported recently, more than 1,000 police, world leaders, celebrities, and others signed a letter calling to summarily end the disastrous war on drugs.

In fact, though little comfort to Brooker now, the Drug Enforcement Agency will likely downgrade cannabis from its inexplicable Schedule 1 classification to Schedule 2 — as early as July of this year. Note that while a plethora of viable arguments can be asserted for rescheduling, considering states with laws like Alabama’s — and cases like Brooker’s — the slight concession by federal law would make a comparative, whopping difference.

Brooker attempted to bring his case before the highest court in the land as an inarguable violation of the Constitution’s ban on cruel and unusual punishment — to no avail. The court’s stonewall, in itself, could be considered as much — in an increasing number of states, Brooker’s so-called crime would have been perfectly legal.

For now, though, it appears the 76-year-old will suffer the consequences of bad policy, unjustifiable law, and the cruelty of ostensible authority figures who were all just doing their jobs.

Read more at http://thefreethoughtproject.com/life-sentence-75-year-old-vet-slightly-plant-allowed-law/#s8Vo4JapilISzggR.99

DEADLINE 4/17: The UN and Drug Policy Reform and YOU


 

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STOP THE DRUG WAR!

Dear reformer:

I need your help this week. On Tuesday the “UN General Assembly on the World Drug Problem” (UNGASS) begins in New York, the UN’s highest-level drug policy session in 18 years. I’m writing to ask you three things:

1) Sign our Change.org petition to President Obama calling for stronger US action on global drug policy reform — calling for reform of the UN drug treaties to allow for legalization of marijuana or other drugs, for the supremacy of human rights, stronger support for public health measures and more.  This petition will continue through next January, but if enough people sign it by Sunday night, we will share it with our contacts in media who are working on stories about next week’s UNGASS.

2) If you run or work with an organization, please consider endorsing our sign-on statement to the UN and the US government. There are hundreds of organizations on the statement already, including some of the leading civil rights, HIV/AIDS groups and religious coalitions, among many others. But we need hundreds more to make the kind of impression on media that we want the statement to have. To endorse the statement, just email me at borden@drcnet.org, and feel free to contact me with any questions.

3) If you believe it’s important for the US drug policy reform movement to play a role in UN drug policy and US foreign policy on drug issues, please make a generous donation to support this campaign. The UNGASS is next week, but global drug policy and our work goes on. The next big UN drug session is just three years away this time, 2019 — the work we’ve done so far is just the beginning.

We’ve done more than organize sign-on letters and petitions. Last week we held a teleconference for media, featuring legislators from Canada and Mexico talking about the prospects for marijuana legalization in those two countries. Next week we are hosting a meeting of NGOs from around the world for how to end the death penalty for drug offenses. We have secured coverage in a range of prominent media outlets, like WashingtonPost.com and the International Business Times, and there are many more that are likely to write stories for UNGASS next week. We have spoken at the UN, for legislative coalitions in Washington, we have brought new and important organizations into drug policy reform. And there is more to come, with your help.

Again, I hope you will sign our petition to President Obama, and that you will help us with an organizational endorsement for our sign-on statement if you can, by Sunday night. Thank you for your support!

Sincerely,

 

David Borden, Executive Director
StoptheDrugWar.org
P.O. Box 9853
Washington, DC 20016
http://stopthedrugwar.org
“U.S. and U.N. Drug Policy Reform”

A personal letter from Shona Banda (Please help Shona Banda!)


 

 

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Shona Banda’s ~ Live Free or Die·

Tuesday, March 8, 2016

 

I want to personally thank you from the bottom of my heart for your contribution that has helped so far in this struggle. The GoFundMe money was raised for legal fees and expenses surrounding the case, the money has been allocated and the site taken down. A new funding site will be made as further legal contributions are needed, and will be handled as the case continues. Legal funds do not account for living expenses. I prefer to work for the money I earn and have been able to get my book “Live Free or Die” ready for a reprinting with a projected date of the first week of April or sooner to be available worldwide.

I believe in persistence, perseverance, and working hard to achieve goals.

Many of you have seen what has happened in my life over the course of the last year, when police surrounded my home after my son spoke out in class. You have followed me in the past year as I have attended many court dates, struggled with pain and anguish, and watched me face this court system with my head held high.

I have a certainty, a clarity in my fight against these unjust laws. I fight with no fear, I hold my head high, knowing I am in truth. Knowing that I have a basic right to life, a basic right to live! I have faced death head on, I have struggled and felt torturous pain inflicted upon me by the barbaric medical system our society clings to and calls normal. I know I can stand tall and proud in truth, knowing it was all foretold.

Knowing that my journal, of finding how beneficial this cannabis plant was, and being able to share my personal thoughts, feelings, and experiences had to be written and published in 2010. I explain, in detail, my sickness, my life, my family, and how I teach my children; all surrounding the cannabis plant and how this plant made me feel as my body regenerated and healed.

“Live Free or Die” is a book that has already helped so many worldwide take back their own lives, and folks have been inspired to share their own stories and testimonials to help spread this knowledge.

Purchasing a signed copy of Live Free or Die helps me and my family in this very hard time, immediately, right now. I wrote this book to help others. I wrote this book to empower anyone who picked it up. I wrote this book to show everyone that LIFE truly matters. History is being made. Now. Own a piece of it, personally signed.

Purchase your pre-ordered signed copy of “Live Free or Die” here paypal.me/ShonaBanda

Hardcover $45

Paperback $35

Donations of gratuity are also accepted.

Thank you all for your continued support in this fight.

Shona Banda ,,

You can contribute today at https://www.gofundme.com/shonabanda

www.shonabanda.org

Email: LFODproject@Gmail.com

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FACEBOOK PAGE “LIVE FREE OR DIE”

 

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