Quick Hits (page 2)
Court Allows Medicinal use of Marijuana
By: Dean E. Murphy (NY Times)
San Francisco - The federal appeals court here has refused to reconsider its ruling that allows Californians to grow and use marijuana to treat their illnesses.
The Bush administration had asked the court, for the Ninth Circuit, to hold a new hearing on that ruling, issued by a three-judge panel in December on a lawsuit filed by two women with chronic illnesses. But in an order issued Wednesday and made public on Thursday, the court denied the request.
Justice Department officials declined to comment on the order or whether it would be appealed to the Supreme Court. Medicinal-marijuana advocates said it would allow tens of thousands of people in California and six other Western states with laws that permit such marijuana use to continue it without fearing federal prosecution.
The new order "means medical marijuana patients throughout the Western states can sleep easier tonight," Steph Sherer, executive director of the advocacy group Americans for Safe Access, said in a statement.
Though California voters approved a 1996 ballot measure legalizing medicinal use of marijuana, federal officials have continued prosecutions under the interstate commerce clause of the Controlled Substances Act.
In its 2-to-1 vote in December, the court found that medicinal marijuana "does not have any direct or obvious effect on interstate commerce" when it is grown locally for personal consumption under the advice of a physician and when patients do not pay for it.
Writing for himself and Judge Richard A. Paez, Judge Harry Pregerson said such use of the drug was "different in kind from drug trafficking." Judge C. Arlen Beam dissented.
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Growin' Our Own (page 2)
A Compassionate Society ... My Ass
By: Elmore Stone
Throughout the various states and nationally as well we tend to make the bold claim that we, meaning the U.S., are a compassionate and caring people. We are here to help those who are less fortunate. Almost all politicians say that. So do all organized religions.
Ok, if I am expected to believe such, for the most part, utter nonsense I have come up with a rather simple test. A test to see whether or not said compassionate people, religions and politicians are willing to put their foot where their mouth is. And lo and behold most people, religions and damn near all politicians pass the test. That is right. They do pass -- with flying colors -- the test.
But what, you ask, is this test? A test to determine if a person puts their foot in their mouth and most pass? What sort of weird test is this anyway? This test, and it is not multiple guess, consists of exactly two yes or no questions. If a person answers 'no', the test is over and they automatically pass, that is right, pass. Here are the questions:
1. Yes or no. Are you a compassionate person?
2. Yes or no. Will you help repeal the law against using, growing and possessing marijuana for medical purposes.
Go ahead and try it on people you know. Change it around if you so desire. The test is not cut in stone. It can even be fun to give the test and watch (and hear) the reactions. Trippy to say the least.
What I have found real interesting is the way people react. Especially when I tell somebody they failed the test. In other words, they answered yes to both questions. About half look relieved. Some will even tell me that if a 'legalize medical marijuana' initiative came up on the ballot they would vote for it. But writing letters, sending emails or faxes or, heaven forbid, calling their congressman or senator ... nah, I just don't have the time or, really, the interest. Those type are less than worthless. On the other hand, some people get pissed when I tell them they failed. Then once I explain that failing meant they 'really' are compassionate and actually willing to try and correct a huge wrong those few are chomping at the bit and asking what they can do or stating that they will write or call a congressman or what-have-you. They are the true winners, the true believers, if you will.
There will always be the ditto-doper types. No. Just no. Drugs are bad. We need to round up all them-thar dopers and pot heads, line 'em up against a wall and -- empty magazine. Yeah, now they are compassionate ... aren't they?
Politicians. Well I suppose it depends on who is writing the check and for how much. I have been completely unable to speak, as in face-to-face, with my congressman. Period. So I called his local office and spoke with his staff. I got two different answers. One was basically the congressman believes that the current law is just fine thank you very much (I asked last year). The other answer was that politically, in an election year, it just isn't feasible, blah, blah, blah (I asked about two weeks ago). How answers to the same exact question can change in an election year is just baffling.
As for demographics I have found through my very unscientific test a couple of remarkable things. The first one is the age of a person is utterly irrelevant. I know several people, men and women who are between 72 and 84 years of age. You know what? Each and every one of them failed the test. They answered 'yes' to both questions. And they meant it. All of them are members of the American Legion. All of them have been through a lot of shit. All of them ... are dying. They have also seen their friends, their "comrades" suffer and die. These folks know what could be in store for them. They are willing to pitch in and help. I salute them. By the way, this is the same group of American Veterans who are being denied health care by the Veterans Hospital system -- based upon legislation by congress no less.
At the other end of the age spectrum young folks tend not to really care one way or the other. While quite a few support the idea and will vote for it, most tend to shy away from actually having to work to help get medical marijuana fully legal. Besides, as a few have hinted to me, they know where to get good stash and they don't need medical pot because they are not ill. Fucking lovely attitude.
The yuppies are a mixed breed. Those that passed the test have the 2.5 kids, 3.2 SUV's and umpteen bills, for the most part. Most of this bunch openly admit they have smoked our wonderful weed. But nope, they are not in favor of legalizing weed for medical purposes, at least if they have to do anything but vote. Alas, it was 'Ok' for them, but fuck everybody else . The other side of the yuppie coin are those who, like the former bunch, have the requisite number of kids and other assorted baggage. But and it is a big but, two axe handles across at the bare minimum, they have one thing the first group of yuppies do not. A parent who is slowly and painfully dying. These yups admit they have smoked pot and yes they, too, are not overly keen on fully legalizing weed. However, for mom or dad they are more than willing to help. Kind of mercenary, but there you have it. Oh yes, there are some yuppies who are all for it. Not as many in this group as in the other two groups of yups though.
Get my drift about age being real deceiving? It sure as hell was to me at least. One thing was for sure, it was and shall remain a very important lesson learned on my part. Don't get me wrong, while I'm not exactly young, I'm not exactly old either. How old am I? I'm exactly middle aged. Put that in y'all's pipes and smoke it.
Religions. Jesus, don't get me started. If you happen to give the test to a 'good Christian preacher', which is taking a huge leap of faith that you can even find one, the chances are 9 out 10 that he will pass the test with flying colors. No, no, drugs are illegal you heathen. We want our children to grow to be fine citizens and good, god fearing, Christians just like me. Can you say hypocrite? Now repeat after me ... h-y-p-o-c-r-i-t-e. Ah, very good. I feel closer to God already. For real. I don't care how many times you try and explain it to them that pot is not an illegal drug in some states, their eyes just glaze over and the conversation is, well, over. God help you if you should dare ask one to give a sermon to his flock about the benefits of medical marijuana. Its healing and palliative powers. It's the devil's weed. It can become real severe dealing with a holier-than-thou type sometimes.
See what I mean about passions, i.e., religions being very deceiving? I found that out the hard way as you have just read. That one floored me. I figured that the religious types would fall over backwards trying to help their fellow man. To say I was mistaken would be a prize understatement indeed.
Now we all know politicians. Those who are running for office for the first time are up for sale to the highest bidder. Those who are seeking reelection already know who their owners are and have a staff to ensure they say the right thing so as not to upset the apple cart and their paymasters, yet still attempt to collect enough votes to win. There are a few - a very, very few - that while bought and paid for will, albeit rarely, bite the hand that pays them, so to speak. Who are they? I don't have any idea. None that I have met, that's for sure. At least the few Republican candidates I've met had the balls, and one was a woman to boot, to tell me to my face not a fucking chance. While the Democrat candidates I've met, all both of 'em, would not answer my question directly let alone take the test. Might upset the children you know. And we would not want that, no way. The little blighters ... fuck 'em and feed 'em fish heads says I.
Third party candidates - I've only spoken with one. Mr. Steve Kubby. He and his wife are really awesome people. Movers and shakers. So much so that the Kubbys have been forced to leave this country and now reside, perhaps for not too much longer, in Canada. I don't know what the future has in store for Steve and his family, I just hope it is good. I do know this, should something bad happen to Steve and/or any member of his family we all need to hang our heads in shame.
We need people like Steve in the political arena. They bring life, hope and most important truth into the game. Something that has been missing for decades if not centuries. Without them, well, it is always darkest just before the lights go out.
Are we a compassionate society? I would have to say no. Care for another example? Hah! Too bad, here we go anyway. February 1st. Super Bowl Sunday. The two best teams in professional football face off head to head for the championship. Now what is interesting is that football is a violent sport. Personally, I love the Raiders. Raider Nation baby. Nonetheless, the game is rough. Players get injured. Some severely. Every so often you read about a player becoming paralyzed or getting killed. It is par for the sport. I have no problem with that. But what is our purported compassionate government all bent out of shape about the day after the Super Bowl? Why none other than the half time show. Janet Jackson's bare breast on prime time T.V. Oh no! Don't look Ethel ... there is a nekked tit on the tube! Now the Federal communications Commission is going berserk. FCC Commissioner Powell is making all kinds of really stupid statements about Jackson's tit on the tube and how disgusting it was. Fines and possible license suspensions are being talked about. Why? Because of a tit.
Do you see the irony? It is far more than 'Ok' to produce violence for T.V. By god it brings in revenue. Hell, that's gotta be good. What, you did not try out for high school football? What are you -- a fag?
Or how about this example - on the front page of every major newspaper in the world was that picture of the Iraqi kid who had both arms blown off by a U.S. bomb that was destined for, according to intelligence reports, a restaurant because that was where Sadam Hussein was. Well as we all know, Sadam - one, kid - no arms. Somebody desperately needs to inform our compassionate federal government that one does not perform surgery with high explosives. That picture of an armless kid was just fine to print on the front page of the paper or show on prime time T.V. That was just fine. But a tit on the tube? Never! No way. That is obscene. Cover it up you indecent, shameless hussy!
Just when was the last time a tit killed a person? Or paralyzed a person? Or blew the arms off a kid? Let's add a time line to that as well -- ever? The fact of the matter is a tit has not ever caused physical harm to another person. Although since Jackson let it all flop out it does bring a whole new meaning to the phrase 'boob tube'.
However, according to our compassionate government violence is good and tits are bad. Obviously our government has never heard of, let alone practices, 'make love not war'. I don't know about you but I would much rather watch naked women on T.V. than a football game any day. I would even rather watch good old fashion porn, training films if you will, than a football game. I believe in 'make love not war'.
Yet our society, by and large, is a non-compassionate society. Our society is a violent society. Most people do not give a good goddamn about anything or anybody but themselves. And until we compassionate fools can come up with a way to change things, our society will remain violent. Worse, sick people will end up in prison for committing the crime of smoking pot in order to ease their pain and suffering.
Now, you tell me, are we a compassionate society?
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Pipeline (page 2)
Disparity Clouding Medical Pot Law
By: Jeff McDonald (San Diego Union-Tribune)
Police at Lindbergh Field cited a passenger who volunteered to security guards that he was carrying a small bag of pot, even though the man appeared to meet city-approved medical marijuana guidelines.
In the Central Valley farm town of Chowchilla, police defied a judge's order to return nearly a pound of marijuana to a patient who was acquitted of possession charges. Eight months later, the man is still waiting.
San Diego Police Chief Bill Lansdowne told the City Council his officers would not participate in any more federal raids on medical marijuana users. In the tug of war between state and federal drug laws, Lansdowne was siding with California.
These cases, and a growing number of others like them, illustrate the huge disparity in the enforcement of Proposition 215, the 1996 initiative allowing sick and dying people to use and grow marijuana.
Ignored by some and embraced by others, the law has mired police, prosecutors and other law enforcement agencies in deep conflict. Even some officials of the federal government, which classifies marijuana as a dangerous narcotic with no medicinal value, admit they do not have time to deal with medical pot users.
"It's not our job to look for drugs," Transportation Security Administration spokesman Nico Melendez said when asked about the Lindbergh Field passenger. "It's our job to look for prohibited items."
Whether small amounts of marijuana are allowed on planes flying within California remains up in the air. Melendez said he would not recommend that passengers carrying the drug notify a screener; his agents are supposed to alert local authorities in such cases.
Ron Brownlow of Roseville wanted to be on the level. On his way out of San Diego on Jan. 21, he told screeners he was carrying a quarter-ounce of marijuana he smokes to relieve chronic back pain.
The federal workers notified local authorities, and Harbor Police issued Brownlow a ticket. They also took his pot. Harbor Police officials declined to discuss the case.
Brownlow, 48, said he did the same thing in Sacramento on his way south, but officials there let him go after a few minutes of discussion.
In San Diego, patients are allowed to possess up to one pound of marijuana and grow up to 24 plants under city guidelines. Brownlow said he would contest the ticket when he appears in court here next month.
"I have a degenerating disk disease and three bleeding ulcers," said Brownlow, a former welder who showed Harbor Police a note from his physician recommending marijuana. "It's hard for me to take pills. Once I start taking pills, after two or three days I start throwing up blood."
Slow start
Scattershot enforcement of the state's Compassionate Use Act was supposed to be rectified by a new law that went into effect Jan. 1.
But the California Department of Health Services has yet to issue I.D. cards to medical marijuana patients or set up a toll-free phone number police could call to verify a patient's legitimacy.
A department spokesman said the office is "reviewing options" for applying the statute. County health officials who are required to implement much of the law also have made limited progress.
Medical marijuana activists doubt many government officials' commitment toward enforcing the new standards. They worry that some politicians and police are deliberately dragging their feet because they oppose marijuana.
Even though the 9th U.S. Circuit Court of Appeals ruled in December that the government cannot prosecute qualified patients in states where marijuana use is permitted, criminal cases continue to be filed.
"A lot of judges are still skeptical of it," said Dale Gieringer of the National Organization for the Reform of Marijuana Laws in San Francisco. "It's considered radical, and they think it'll be appealed."
Police in Clovis, just down state Route 99 from Chowchilla, arrested a couple for possession after they complained that neighborhood youth were stealing their plants. Gary and Paula Ainsworth were growing seven plants.
The criminal case is still pending, but what struck their attorney as remarkable was a Clovis Police Department news release that listed the Ainsworths' home address.
More alarming, defense attorney William McPike said, was the last sentence. "While medicinal marijuana may be legal in California, Fresno County has a no tolerance policy toward cultivation of marijuana," it reads.
Fears and accusations
McPike said too many police agencies are afraid of crossing federal officials or jeopardizing their budgets. "If they enforce the California law, they risk the federal funding," he said.
Victor Love of Kern County was arrested for growing 15 plants, even though he is disabled and uses marijuana on the advice of a physician. "The deputies up here didn't seem to follow the law," he said. "I showed them my paperwork, and they laughed."
The prosecutor in that case offered Love a plea bargain of 16 months in prison, but he took his chances with a jury. He was acquitted in less than an hour earlier this month.
"We're not out on the warpath to get everyone; there were indications of sales here," said Jessica Hartnett, who prosecuted the case. "I think there was some jury nullification going on.
Michael Barbee, who runs the San Diego chapter of the Americans for Safe Access advocacy group, said patients need a balanced approach to medical marijuana so they can grow or obtain their medicine without fear.
"The way it is now allows police to discriminate against people who are too vocal or people they don't like," he said.
Steven McWilliams was handed six months in federal prison after being convicted of growing marijuana in his Normal Heights back yard. His sentence was stayed while the case is on appeal.
McWilliams has said all along that federal agents singled him out because of his high-profile activism. He said the whole concept of medical marijuana turns the entire war on drugs upside down.
"San Diego police have a huge narcotics and vice squad," said McWilliams, who is to plead his case over the Sept. 24 raid before a federal appeals court next month. "They don't want to give up an easy way to make arrests and keep budgets high. That's true around the state."
McWilliams sued the city of San Diego for aiding federal agents in the investigation that lead to his arrest. It was in the wake of this litigation that Chief Lansdowne announced his officers would no longer join in raids on medical marijuana patients.
"Our current procedure protects the rights of qualified patients and primary caregivers to have access to legal amounts of marijuana," the chief wrote to council members last month.
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Dakota Joseph Arts