The only marijuana magazine bringing you the stories of other pot smokers and smugglers.

Quick Hits (page 2)

Judges Throw out Odor-Based Drug Bust

By: Janet Elliott (Houston Chronicle)

Where there's smoke, there may not be fire, the Court of Criminal Appeals concluded in ruling that the odor of marijuana didn't give Abilene police officers probable cause to enter a home.

"The odor of marijuana, standing alone, does not authorize a warrantless search and seizure in a home," wrote Judge Charles Holcomb in a 6-3 opinion.

"This case is about the right of citizens to be left alone in the privacy of their homes," wrote Judge Cathy Cochran in a concurring opinion.

The court upheld a Taylor County trial judge's suppression of the marijuana seized at the home of Leo and Ian Steelman, a father and son who work as electricians.

Police, acting on an anonymous tip, arrived at the Steelmans' home on April 21, 1998. The officers peered into the house through a crack in a window blind and saw four men sitting in a living room but observed no illegal activity.

According to the court's opinion, the officers then knocked on the front door, which was opened by Ian Steelman, who stepped outside and closed the door behind him. The officers smelled the odor of burnt marijuana and proceeded to burst through the doorway, handcuff all the men and place them under arrest.

The marijuana was found about two hours later when police executed a search warrant. The Steelmans were charged with misdemeanor marijuana possession.

The majority said that because Ian Steelman had committed no crime in the officers' presence, the officers could not enter his home uninvited. The officers had no idea who was smoking or possessing marijuana, Holcomb wrote.

In strongly worded opinions, the dissenting judges criticized the ruling.

Presiding Judge Sharon Keller said that Texas now "establishes as a matter of law that people may not be arrested for smoking marijuana in their homes -- as long as they don't do it alone."

Judge Mike Keasler began his dissent with one word: "Amazing."

"Of course, the marijuana did not spontaneously ignite. Somebody inside was smoking or had smoked it. And in order to burn it, one must possess it," Keasler wrote.

"If you knock on a door, someone opens it, and you smell burning marijuana wafting from inside the house, you must leave the inhabitants to smoke it in peace," Keasler wrote.

Judge Barbara Hervey also dissented.

Stan Brown, the Abilene lawyer who represented the Steelmans, said his clients were very happy to hear about the ruling.

"This ruling could possibly inhibit law enforcement from just going up and knocking on somebody's door in order to hope that they get a sniff of something," Brown said.

Some of the dissenting judges worried that the ruling would apply to traffic stops where an officer uses the smell of pot as probable cause to search a car. But Brown disagreed, saying a person's home is more protected than a car.

"Unless they smoke the last little bit or swallow it, they're going to jail. This isn't going to change that," Brown said.

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Mary Jane'z Novelties

Growin' Our Own (page 2)

A Merry Special Interview

By: Elmore Stone

The silly season is almost upon us. And what better way to be silly -- I thought -- than to do an interview with the most secretive, yet most public man on earth(?), Santa Claus.

Trying to get an interview with 'The Man' is not as easy as it sounds. I mean, how do I contact the North Pole? Does he have an actual address or what? Would I need a passport and visa? Would he? Does he have a telephone number or email address? See what I mean? Finally, in complete desperation I broke down and did what kids have done for eons. I wrote him a letter. I addressed it to Santa Claus, the North Pole. I did put two stamps on the envelope however.

I'm sure our local post mistress thought I had lost my mind with that letter and to some degree, I thought I had too.

I waited and I waited and I waited for a response. Finally, one afternoon about one month ago, while I was checking my post office box, I saw the letter that I had sent to Santa Claus had been returned. I drove home quite dejected. Once home, and to this day I don't understand why I did it, I opened the envelope containing the letter I had sent him.

Christ! I couldn't believe it. There, on the letter I had written to Santa, in emerald green ink were the words "Be at Sawmill Flat today at 4pm ... SC."

I looked at the clock. It was 2:45pm. I had to move and move quickly. Sawmill Flat is 52 miles one way from my home on narrow, twisty mountain roads in the middle of the high Sierra Nevada mountains and I have neither a sleigh nor reindeer -- what am I saying! Oh well, I hopped into my sleigh, a 1995 Geo Metro with 154,000 miles on it and did my best to fly, at an average speed of 30mph, to Sawmill Flat.

All I could think about was getting there. And get there I did, although late. I parked at the edge of the flat which overlooks Hells Canyon. I got out and stood at the edge of the canyon admiring the view. I was quite alone. Hells Canyon is about 4 miles across and has a sheer vertical drop of about 6,000 feet. If you slip off the edge, it's the pearly gates, no doubt about it. It has, though, an absolutely stunning and majestic view.

My thoughts of the sheer beauty of this place were interrupted by the words:

"You're late."

I spun around and damn near slipped off the edge of the canyon. There, no more than 50 feet from me, was a man. A man wearing a red suit, sitting in a sleigh with his right leg crossed over his left. In front of the red, green and gold painted sleigh were, believe it or not, reindeer.

I shook my head in utter disbelief and remembered that the last time I got stoned on Mexican reg was three days ago. I looked back, my head clear, and he was still there packing a pipe and then lighting it. I blinked my eyes and nope, he was still there.

"You asked for an interview" he said.

"Yeah ... ahhhhh ... I did" I said in a stuttering voice.

"Well, you had better get on with it -- I have to get back to the North Pole soon" he said.

I was at a complete loss. Couldn't think of any questions to ask him, though my notes were in the car. Finally, I said "Let me get my notes out of the car ... er ... Santa," in a quizzical voice.

"No problem son" said Santa. "Just no cameras, agreed?"

"Yeah, sure, no cameras" I responded. Hell, I didn't even think to bring one.

I got my notepad and pen out of the car and, well, walked toward him. Santa Claus got up and out of his sleigh and started walking toward me with an out-stretched hand. I extended mine, we shook hands, introduced ourselves and that was real. It broke the ice. From there on out, it was easy.

Bud Life: "Santa first of all, how did you do that? How did you arrive here without me seeing you, the sleigh and the reindeer and all?"

Santa: "You'd be amazed at what I can accomplish. Especially when people are concentrating about what they really don't believe in. The letter should have shown you that."

Bud Life: "It did. Santa, are you saying that had I believed, I would have seen you arrive?"

Santa: "You got it kid. Remember, seeing is not believing, oh no, far from it. In fact, it is the other way around, believing is seeing."

Bud Life: "How many interviews have you granted in the past?"

Santa: "Not many, I can tell you that."

Bud Life: "Do you get many requests for interviews?"

Santa: "No. Very, very few actually. Yours was the first in several hundred years."

Bud Life: "Whoa, just how old are you anyway?"

Santa: "Quite a bit older than you, take my word for it."

Bud Life: "Looking at your history and, to a degree, mystery would you consider yourself to be, if you will, the founder of the hippie lifestyle?"

Santa: "Yeah it is possible I suppose. I do go quite a long way back. To Holland, as a matter fact. The Dutch call me Sinterklaas. Did you know the Dutch celebrate two Christmases? The Dutch really know how to party. Somehow, a part of their version of Santa was adopted by Americans, though it is not nearly as good."

Bud Life: "Wouldn't you agree that if nothing else you created the lifestyle?"

Santa: "It was more out of necessity at the time than anything else. We were flat broke. So we had to adapt. Besides, I despise the normal day job routine, it just isn't me. Lastly, ever try to get a nine to five job looking the way I do?"

Bud Life: "Well, uh... let's see, you have long white hair and beard, a little like Jerry Garcia's. You're wearing bright colorful clothes that most people wouldn't dare wear nowadays. Big belt, big buckle, big black boots, cool glasses and a righteous hat. I could see where you could run into problems landing a job. What kind of skills do you have?"

Santa: "I am a toy maker and a damned good one at that."

Bud Life: "By the way Santa, how come no bell bottoms?"

Santa: "Ah, I live at the North Pole remember."

Bud Life: "Oh yeah, I had forgotten about that ... why the lifestyle Santa?"

Santa: "It is a great way to live. We think it is the only way to live. Our lifestyle is, well, I guess the best way to describe it to you would be to call it individual freedom. I live in a commune with lots of other little people and we never have problems. Indeed, our motto is 'if it causes harm to no one else, do as you will'. That is why we don't have problems, people respect one another. It is that simple. "

Bud Life: "Wow dude, excuse me Santa, and the elves?"

Santa: "Yeah they are there, but we take in everyone, we truly believe in equality. We just hang out making toys, and delivering them once a year, on time, every time. Nobody else has ever matched our record. I do have to tell you that it is Mrs. Claus and Jolly, our lead Elf, who make sure everything stays on track."

Bud Life: "Do you drink?"

Santa: "What, alcohol? Never. As Shakespeare might have said, 'drink giveth the desire, but taketh away the ability'. That is why I smoke weed. It keeps the desire and enhances the ability. The best of both worlds. Besides, try to handle a sleigh on an ice covered roof in the the middle of a snow storm drunk - it is not a pretty sight."

Bud Life: "Yeah, I've been meaning to ask you, just what kind of weed are you smoking?"

Santa: "It is a very special weed that is grown for specifically for me in Amsterdam. Although, the stuff they grow in Alaska is not at all bad. Thai weed is kick butt. Panama Red is awesome. But there is nothing like this stuff. Care for a toke?"

Bud Life: "Why thank you Santa! Ahhh... this stuff is really smooth. Now I understand why you're so jolly! By the way, why do you live at the North Pole (one hit off Santa's pipe and I'm buzzing like never before)?"

Santa: "It is the only place besides Holland where the infernal DEA can't touch us. We can be our-elves there Ho, ho, ho (Santa took a really big hit off his pipe)."

Bud Life: "Santa, why didn't you bring Mrs. Claus with you?"

Santa: "Christmas is coming upon us fast. She is doing a final check of the list and getting everything staged for loading into the sleigh. Besides, I need to get out by myself once in a while."

Bud Life: "Judging by your ... er ... size, it would appear Mrs. Claus, she is your wife correct, is an excellent cook, is that true?"

Santa: "Ho, ho, ho. Trying to be a wee bit PC there? Not to worry. I'm fat. Call it what it is. The truth is always preferable to lies. No, Mrs. Clause and I are not 'legally' married. We are not dogs and, as such, do not need a license."

Bud Life: "You are way cool Santa. But is she a good cook?"

Santa: "Her brownies are to die for!"

Bud Life: "What kind of brownies does she make?"

Santa: "Why, Alice B. Toklas of course."

Bud Life: "Doesn't delivering all those presents in one day wear you out?"

Santa: "I am getting older, and a bit slower 'tis true. Fitting down those chimneys with all the new EPA regulations and forestry regulations and spark arresters is a bit of a bother. Getting through NORAD is slightly problematical as well, but we manage. However, I sure do enjoy a nice piping hot cup of double hot chocolate, shaken not stirred you know, and cookies afterwards. They're the best thing for the munchies that has come along in ages ... I should know."

Bud Life: "I thought it was milk and cookies?"

Santa: "No, not a chance and I would very much like to find out who started that rumor ... I'd give him a present all right, one he would never forget!"

Bud Life: "Santa, what is important to you and Mrs. Claus?"

Santa: "Well, let me see, I guess along with the Christmas message of Peace, we try and bring good cheer and joy to children and families throughout the world. We also try to teach by leading. I drive this sleigh pulled by these reindeer because it doesn't pollute. We recycle everything we can at the North Pole and try to set an example of equality. We don't discriminate when it comes to gift giving. We have always been into the ideal of giving -- though getting some isn't bad either (Santa smiles lecherously and takes another toke ... dirty old man, I like it). The problem with today's world is there's way too much greed in it. If people would just give of themselves, meaning their time and attention to those less fortunate, this world would be a far better place for us all."

Santa: "I have time for one more question."

Bud Life: "That's pretty heavy stuff Santa. Now, what would you like for Christmas?"

Santa: "Peace on Earth would be nice, for a change. Hell, it would be a first. But if that's not possible this year, how about a few grow lamps. Sometimes I run low and have to make another trip to Amsterdam and honestly, the less I leave the Pole, the better I like it."

Bud Life: "Santa, I really appreciate this interview. Thanks dude. Thanks a lot."

Santa: "It was my pleasure Elmore. We'll have to do it again some day."

We shook hands again and then Santa turned and walked back to his sleigh. He climbed in, which woke up the reindeer. He grabbed hold of the reins and with a flick of his wrists they were gone faster than greased lightening.

I stood there for several minutes running it all through my mind. Finally, I walked back to the car and started to get in when I saw it. A plastic bag with a red and green ribbon on it. Could it be some of Santa's own stash I wondered? I quickly opened the bag and the smell of pure heaven hit me. An ounce of the finest, stoniest weed in the world. Complete with red and green rolling papers. There was a small red and gold card enclosed within this most wonderful of presents and written in emerald green ink were the words:

Merry Christmas!

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Pipeline (page 2)

Information Awareness Office Makes us a Nation of Suspects

By: Charles Pena (CATO Institute)

Embedded in the nearly 500 pages of the current House version of the Homeland Security Act is language that could give the federal government sweeping powers to secretly monitor e- mails, bank accounts, credit card transactions, telephone calling cards, medical records, and travel documents – all without a search warrant – and keep that data in a centralized database. The Pentagon's Defense Advanced Research Projects Agency (DARPA) is already pursuing the creation of such a vast electronic dragnet.

Admiral John Poindexter, who heads the Information Awareness Office at DARPA, argues that the government needs to "break down the stovepipes" that separate commercial and government databases to find terrorists before they can attack the United States. That the person suggesting that the U.S. government needs to engage in extensive electronic data mining of potentially every American is the same person who was the mastermind of the Iran-Contra scandal during the Reagan administration ought to be enough to send a chill down the collective spine of the public.

Legal experts (and perhaps the Supreme Court) would have to decide whether such a system – known as Total Information Awareness – violates the letter of the law of the Fourth Amendment guaranteeing "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures." But you don't have to be a constitutional lawyer to figure out that it violates the intent of the Fourth Amendment, especially the parts about having a warrant and probable cause.

The TIPS (Terrorist Information and Prevention Service) program proposed by the Justice Department that would have made us a nation of snitches was bad enough. Total Information Awareness is much worse. It will make us a nation of suspects.

Call it what you want, but Total Information Awareness is the federal government creating a surveillance state to spy on its own citizenry. Of course, the rationale for such draconian action is that it will help catch would-be terrorists before they inflict harm on innocent Americans. This preys on the public's new sense of vulnerability and places safety above liberty. As Benjamin Franklin said: "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

Total Information Awareness is a fishing expedition that will cast a net over all Americans. Indeed, data mining currently targets millions of Americans as potential customers for a variety of products and services. Yet how many people – who are supposed to fit the profile of a likely customer – receive unwanted telephone, mail, and electronic solicitations? Telemarketers and junk mail are an inconvenience and annoyance. Now imagine that the computers are correlating data to create lists of would-be terrorists. The result could amount to high-tech McCarthyism.

How many innocent Americans will be wrongfully accused? How many will be incarcerated, perhaps indefinitely, and possibly denied their Constitutional rights – including access to legal counsel – if declared "enemy combatants"? How many will share the same fate as Richard Jewell, who was suspected of the Atlanta Olympic Park bombing? It turned out that he actually acted to thwart the bombing. But because he was the sole focus of the FBI's investigation and the subject of intense media scrutiny his life was nonetheless ruined, without so much as an apology from the federal government.

Or consider former U.S. Army biologist Steven Hatfill – the public focus of the FBI's ongoing investigation of the fall 2001 anthrax attacks – who could apparently be the victim of a similar fate. Hatfill was recently terminated from his position at Louisiana State University helping emergency personnel prepare for terrorism attacks ostensibly because he is the subject of FBI scrutiny (although he has not been officially charged with anything).

President Bush criticized congressional Democrats who opposed legislation to create a new Department of Homeland Security as "not interested in the security of the American people." But how is invading everyone's privacy by monitoring e- mails, bank accounts, credit card transactions, telephone calling cards, medical records, and travel documents, and keeping a dossier on everyone going to make the country more secure against the threat of terrorism? It sounds more like the KGB making average people enemies of the state.

That's the kind of homeland security we can live without. The first responsibility of the federal government is to protect its citizenry, not spy on it.

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Dakota Joseph Arts