Articles Tagged: federal government

Brett Hamil Puff Puff Pass the blame for shitty laws #bretthamil #hempfest

August 6th, 2013 | By Pirate

This is my response to Brett Hamil about I-502 and Hempfest.  > http://www.youtube.com/watch?v=0dCryr5XIfM
Brett Hamil obviously doesn’t know shit about the law, or legalization, or the vested interests behind I-502.

1. Brett says I-502 legalized cannabis.  That is not true.  Cannabis is still a Schedule One Drug on a State and Federal level.

In Section 10(a) of I-502, the law concedes to comply with all federal laws.   So if cannabis is a schedule one drug on a state and a federal level, then there are no tenth Amendment protections, because in order to receive 10th Amendment protections, state law must be complied with.  If someone is breaking both state and federal law, they receive no 10th Amendment protections.

Ref:   http://xcannabis.com/2013/06/if-cannabis-is-legal-in-washington-why-is-it-still-schedule-one/

section 10(a)>

“(a) Federal laws relating to marijuana that are applicable within
Washington state;”

http://sos.wa.gov/_assets/elections/initiatives/i502.pdf

Ref to Schedule one:  http://apps.leg.wa.gov/rcw/default.aspx?cite=69.50.204

I-502 specifically acknowledges the Federal jurisdiction, and submits to it.
Therefore a store opening with the permission of the LCB is unplausible.
The state can’t put state employees in jeopardy of violating federal law, especially with the specific acknowledgement of federal cooperation all throughout I-502.
If the Federal Government was to remove cannabis from the Federal CSA, or if the federal government lost jurisdiction via the commerce clause of the constitution by nullification of the commerce clause, then I-502 would possibly have more legal standing, though Washington state would also have to remove cannabis from the Washington State Uniform Controlled Substances Act as well. ( http://en.wikipedia.org/wiki/Commerce_Clause )

 

 

If cannabis is legal in Washington, why is it still a schedule one drug?

If cannabis is legal in Washington, why is it still a schedule one drug?

2.  Brett mocks the opposition to I-502 in the cannabis community for opposing legalization, while praising the ACLU for supporting I-502.   The gap that he leaves out is that the ACLU has not once supported a legalization initiative in Washington for over 75 years, and the two times previous to I-502 (faux legalization), they openly and publicly opposed it.  Similar to Peter Holmes.

Reference to the ACLU opposing truly ending prohibition:

http://xcannabis.com/2012/08/why-in-75-years-has-the-aclu-never-supported-a-cannabis-legalization-initiative/

 

Reference to Peter Holmes opposing truly ending prohibition:

http://www.youtube.com/watch?v=eg93SBrwh1A

Without a Clue  ACLU

Without a Clue ACLU

3.  Brett gives motivations as to why people in the cannabis community would oppose legalization, citing selfish industry ambitions.  However I give the same reasons why attorney’s would oppose I-1149 and I-1068 but would support a pseudo-prohibition instead like I-502.   Lawyers make money off defending people from cannabis charges.  They would not want something like I-1149 to pass, because all I-1149 did was remove penalties.  It did not add any new penalties, and it did not consent to federal laws, nor did it violate any federal laws like I-502 does.  Since I-502 leave cannabis as a schedule one on a state level, and since I-502 (section 10a) concedes to federal authority (giving up 10th amendment protections) I-502 would be much more beneficial to the careers of lawyer who are members of the ACLU, much more than something like I-1068 or I-1149 would.  I-502 added new penalties, while not even truly removing old penalties.  I-1149 just removed old penalties.   But the ACLU opposed I-1149 and I-1068.   Why doesn’t Brett address that topic?

4.  Brett cites the irrational fear of people, citing that I-502 has not caused drugged driving arrests to go up.
As I cited in the video, the negative consequences of the 1937 Marihuana Tax Act took years to show up.
The 1937 Marihuana Tax Act was presented as a way to legitimize and tax cannabis crops.  In the end, it created the first cannabis prohibition on a federal level.   So just like I-502, the 1937 version was presented as a positive bureaucracy, but it ended up being prohibition in disguise, just like I-502.

5.  Brett claims that people opposed I-502 because of the potential that it would increase prices based on the 90%+ tax rates it would impose on cannabis.   He said that we do not know if that will happen, because the tax doesn’t start until November 2013.   However, based on the scheduling of cannabis on a state and federal level, I contest that there will be no “legal stores” based on current law under I-502.   But these tax structures have cause medical cannabis to be jeopardized with increased taxes and regulation, as it has been proposed that the Liquor Control Board now takes control over medical cannabis.

Ref:

New WA Legislation Would Put Medical Marijuana Industry In the Hands of the Liquor Control Board

http://thejointblog.com/new-wa-legislation-would-put-medical-marijuana-industry-in-the-hands-of-liquor-control-board/

Ref to Comparing I-502 to the Marijuana Tax Act of 1937:

http://xcannabis.com/2012/10/comparing-initiative-502-to-the-marihuana-tax-act-of-1937/

In the end, I think it’s disgusting how ill educated many of these pro-I502 pundits are.  People like Russ Belville and Dominick Holden seem to be educated but blindly supporting bad law.  I don’t know exactly why, other than Russ Belville for example was getting a salary from NORML (pot-lawyers) of over $30,000 per year at the time.  I don’t know if that is why, or if Russ is just a suckup to people with power.   Maybe a little bit of both.   But clearly I-502 is bad law.  NORML did very little to support previous legalization efforts in Washington, and the ACLU flat out opposed other legalization efforts.   For Brett Hamil to not criticize these groups for opposing legalization in the past, but to lay heavy responsibility and guilt on hempfest, is irresponsible and hypocritical.

 

If you are interested in REAL LEGALIZATION in Washington State, see this link:

http://reallegalization.org/

 

Shout Out to true freedom fighters! March 2012

March 4th, 2012 | By Pirate

In all of the fallout over the the NORML and I502 attacks on freedom fighters, in the aftermath is a unified front that is banding together to fight for freedom.

In this shout out, I raised up the Washington Safe Cannabis Act 2012, Sensible Washington, PatientsAgainstI502.org, and the other freedom fighters who are standing up for what is right!  I also wanted to direct freedom fighters to Ron Paul 2012 for TRUE reform in the federal government.

Thanks for standing your ground, and not compromising!

To reschedule or to unschedule cannabis

June 23rd, 2011 | By Pirate

On our show today we are going to be having Jason Kamiri from Iowa who is in favor of rescheduling cannabis. I have recently been in favor of rescheduling cannabis as well in order to give it some legal legitimacy as medicine, since Schedule I does not offer that legitimacy.

Interview with Jason Karimi about rescheduling cannabis  To reschedule or to unschedule cannabis

The question is; Do we reschedule or to unschedule cannabis?

Jason’s website is:  http://weedpress.wordpress.com

While I agree that cannabis is medicine and should have the notion made that it is considered medicine. I have changed my mind of working any further on cannabis rescheduling.
The biggest issue is being able to fight the federal government on the topic that Schedule I says that there is no accepted medical use of cannabis in the USA.

However Oregon took care of that last year by rescheduling cannabis to Schedule II.

I am very happy that Oregon took that step and won. Because now Schedule I is federally unqualified for cannabis, since cannabis does have accepted medical benefit in a very legitimate forum in Oregon via the scheduling of cannabis in Oregon under schedule II.  Now the feds can’t legitimately claim there is no accepted medical benefits in the USA any more.  Not only by that step in Oregon, but also in regards to 15 states having legalized cannabis for medical use, and the fact that the USA government has a patent on cannabis for it medical benefits.

The problems that I have with rescheduling cannabis is that in any other schedule than schedule I, big pharma gets control of the market.  Just like any other drug in Schedules II-V, Big Pharma controls and messes with that medicine however they see fit.

It also doesn’t offer much protection to consumers under Schedules II-V, because people still go to jail for these “legal drugs” for one thing or another.  Re-scheduling cannabis is not liberating cannabis. It is merely giving it a “medical qualification” and invalidating the claim that cannabis should be classified as schedule I.

While I disagree with Schedule I, I also disagree that big pharma should get control of this crop, because if they do, they will get their billions of dollars behind prohibition, and that can’t be good for anyone but big pharma.

Below is some of the issues that have taken place in Oregon.  Despite that cannabis has been rescheduled in Oregon, their dispensaries are getting shut down and patients are still getting arrested.

Rescheduling has not liberated Oregon from my point of view.

Which is why I believe it’s necessary to go back to May 18th 1969 when Timothy Leary challenged the constitutionality of cannabis prohibition and won.

Some clips from Oregon news on cannabis rescheduling:


Oregon Senate Bill 728 passed the Senate by a vote of 26-2, the House passed it 58-1, and the Senate concurred on amendments 26-3.  It now awaits Gov. Kulongoski’s signature.  The measure adds new sections to Oregon’s law on controlled substances:

—————

 

Portland — The Oregon State Board of Pharmacy acted today to remove marijuana from the list of “Schedule I Controlled Substances,” in accordance with a bill the legislature passed last year.

The new law, ORS 475.059 established by Senate Bill 728, requires marijuana’s removal from a list of controlled substances that have a “high abuse potential and no acceptable medical use in the United States.”

The Board placed marijuana into “Schedule II Controlled Substances,” which contains substances that have a “high abuse potential with severe psychological or physical dependence liability,” but are accepted for medical use in the US and are available by prescription. The Oregon Controlled Substances Act provides three additional schedules for substances that are progressively less serious or dangerous, Schedules III, IV and V.

The Board reviewed scientific and medical literature and heard testimony from experts and members of the public before voting to move marijuana into Schedule II. This action is consistent with Oregon’s assertion that marijuana does have an acceptable medical use.

——–

Portland — The Oregon State Board of Pharmacy acted today to remove marijuana from the list of “Schedule I Controlled Substances,” in accordance with a bill the legislature passed last year. The new law, ORS 475.059 established by Senate Bill 728, requires marijuana’s removal from a list of controlled substances that have a “high abuse potential and no acceptable medical use in the United States.” The Board placed marijuana into “Schedule II Controlled Substances,” which contains substances that have a “high abuse potential with severe psychological or physical dependence liability,” but are accepted for medical use in the US and are available by prescription. The Oregon Controlled Substances Act provides three additional schedules for substances that are progressively less serious or dangerous, Schedules III, IV and V. The Board reviewed scientific and medical literature and heard testimony from experts and members of the public before voting to move marijuana into Schedule II. This action is consistent with Oregon’s assertion that marijuana does have an acceptable medical use.

Senate Bill 728

http://www.leg.state.or.us/09reg/measures/sb0700.dir/sb0728.en.html

 

http://stash.norml.org/wake-n-bake-lounge-raided-after-nearly-seven-months-of-openly-operating-in-aloha-4

On Wednesday June 16, 2011, officers in Washington County served search warrants on Wake n Bake Lounge, located at 18918 Shaw St in Aloha, Oregon.  Three residences associated with the cannabis club were also searched.  Although computers, various equipment and cannabis were confiscated during the execution of the warrant for suspected “manufacturing and distribution of a controlled substance,” no arrests were made.

How will this affect pot in Oregon? And what does this mean?

“A schedule I drug means that it has no medicinal value that is recognized,” said Lane County Chief Deputy District Attorney Patty Perlow. “A schedule II drug has recognized medicinal value but a high risk of abuse.
http://www.kval.com/news/local/96612724.html

Ending the Controlled Substances Act vs. Rescheduling Cannabis

May 11th, 2011 | By Pirate

I attempt to explain the difference between ending the Controlled Substances Act vs. Rescheduling

Many people feel that rescheduling cannabis would make it more acceptable to law enforcement and therefor there would be less arrests.

I strongly disagree as I know many people who have went to jail for months and months for illegal possession of prescription medication.  My buddy just got busted recently for Xanax and was in jail for several months because of it.  So if anyone has a story, let me know.

BTW-  I used to be in favor of rescheduling cannabis.   But after years of research, and consideration it is obvious to me that rescheduling cannabis will not prevent anyone from going to jail, and in fact it may make prohibition worse when big pharma combines their resources with the federal government to make cannabis THEIRS and not ours.

How many ma and pa businesses do you see selling Xanax, or Lortab, or Oxycontin?   Very few of those types of pharmacies exist in this day and age, based on the expense it takes to get into that business.   Most of the pharmacies are big corporate conglomerates and not local businesses.

If we reschedule cannabis we will take it away from the cartels in Mexico, only to give it to the greedy pharmaceutical cartels in the USA.   Ma and pa are still left out of the picture and people are still going to jail for weed.

My goal is to remove it from the controlled substances act COMPLETELY, or to end the controlled substances act all together with the National Initiative for Democracy:   http://ni4d.us/

 

PLEASE DON’T GIVE THIS WONDERFUL HERB TO BIG PHARMA!

Contact me if you want to be on the podcast for June about this topic.
Have you been in jail for prescription medication?
Do you have inside knowledge about this topic, or just an educated opinion on the topic?
Write
info@xcannabis.com

Or call:   1-888-644-3872      (888-NI4D-USA)

References:

This was what I was working on in 2009 (to reschedule)

http://www.thepetitionsite.com/1/marijuana-cannabis-decriminalization/

http://xcannabis.com/about/reschedule-cannabis/

After much research and consideration, I have totally changed my mind on rescheduling cannabis.

I will be re-writing those pages, and ending my petition to reschedule.

See this video that I made several months back, it explains the difference between rescheduling and full legalization:  http://www.youtube.com/watch?v=QaJe1f0Ew0Y

How do we end the controlled substances act for ALL states?

May 4th, 2011 | By Pirate

How do we end the tyranny from the federal government in regards to cannabis laws in the US states that have decriminalized cannabis for medical use or otherwise?

The constitution via Article 6, the 14th Amendment, etc has a supremacy clause that overrides state laws. That is why the feds still come into our state and arrest people who are complying with state law. No matter what we do on a state level, will mean very little to the federal government.

The only thing that will give us the protections that we want, is to end the controlled substances act, on a federal/national level.

How do we do that? We can’t do it on a state level. We can’t depend on the legislature to do it.

Even if we could do it on a state level, and even if the federal government didn’t have the ability to over-ride state law, there are only 24 states that have a ballot initiative process, which is why so few states currently have decriminalization laws.

We need to work on this from a federal prospective, which is why I do promote and get the word out. I have reach over 500,000 people from my youtube videos alone.

We have switched most of our support to the Democracy Foundation, to benefit the National Initiative for Democracy which is the ONLY way we as a people will be able to address the Controlled Substances Act and end prohibition.

You can see more at http://NI4d.us

We can sit and waste time on state laws, but that only goes so far.

We need to address this on a National level.

You can sign the NI4d online.

http://www.youtube.com/watch?v=VMoPo4eRMUQ

Cannabis freedom march in Washington 5/2/11

May 3rd, 2011 | By Pirate

On May 5th 2011 Cannabis activists and patient advocates all over the state of Washington rallied to protect the rights that voters passed in 1998 via Initiative 691 to give qualifying patients access to medicine that they need.  Cannabis is found by scientists, doctors and patients to treat and even cure many debilitating medical conditions also without the many negative side effects of most prescription drugs.

Credit to John Parr for the photo

On April 28th 2011, federal agents raided many providers in Spokane who were trying to assist with the procurement and distribution of this much needed effective and safe medicine.

From east to west and north to south cannabis patients rallied together in unity to stand up for their voter approved rights.

The first video is of the Spokane rally, Tim Loe is followed in this video and is shown valiantly declaring his freedom and shaming the federal government for interfering in states rights.

And more from the Spokane rally:

In this third video Greg West & Phil Mocek are being filmed getting arrested in Seattle for peacefully protesting on the same day in front of the federal building.

Much thanks for respect to these concerned citizens who stand up for their rights and risk their freedom and comfort to protect what they believe in.

Spokane patients scared out of their medicine

April 7th, 2011 | By Pirate

It looks like more government fear mongering to cheat patients out of their meds, and force many back in to the black market.

 

“MARIJUANA STORES VIOLATE FEDERAL LAW”

FOR IMMEDIATE RELEASE
April 06, 2011

Spokane – Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that he has notified landlords that marijuana stores are illegal and warned them of the penalties they may face. Marijuana continues to be prohibited by federal law and specifically marijuana stores are subject to enforcement action and stringent federal penalties. Under federal law, the possession or distribution of marijuana remains illegal, despite state law.”

http://www.justice.gov/usao/wae/news/2011/2011_04_06_Marijuana_Enforcement.html

 

In our nation, the government was designed to DEFEND LIBERTY, not regulate morality.  Our federal government is overstepping their boundries!

 

http://slu2.com/z2L

http://en.wikipedia.org/wiki/Article_Six_of_the_United_States_Constitution

http://en.wikipedia.org/wiki/Timothy_Leary

http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness

http://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution

 

Drug Czar to intimidate free media in Seattle on Friday

March 1st, 2011 | By Pirate

Petition the Seattle Times to live-stream Drug Czar meeting

Recently, the Seattle Times published an editorial calling on the Washington legislature to tax and regulate marijuana for adults in the state. It was a very thoughtful and well-reasoned editorial. Gil Kerlikowske, the Drug Czar, read the editorial and requested a meeting with the editorial board. He is now planning to spend taxpayer dollars to travel to Seattle in an effort to have the paper reconsider its position. ** Join us in signing this petition to shed light on this action! **

http://control.mpp.org/site/Survey?ACTION_REQUIRED=URI_ACTION_USER_REQUESTS&SURVEY_ID=3951

Time
Friday, March 4 · 8:00am – 5:00pm

Location
The Seattle Times

Created By

More Info
http://maps.google.com/maps?client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial&hl=en&tab=wl

ONDCP Drug Czar Gil Kerlikowski will fly from DC to Seattle to speak to the Seattle Times Editorial Board following it’s public support of Legalization of Marijuana (Cannabis). The time of that meeting has be requested from The Seattle Times and they decline to provide it.

Come and be respectful and orderly as we affirm the rights of Freedom of Speech for The times and each of us individually.
Why is he coming to inject the views of the Federal Government into an internal State issue?

Keep our press Free to voice public sentiment. Keep our voices loud to show them what that sentiment is!

This will be an all day event so please stop by as you can and stay as long as you can. Other media will be in attendance so let’s have as many folks as we can out as long as we can!

D-425-572-0899

http://maps.google.com/maps?client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial&hl=en&tab=wl

National TSA Opt Out day * November 24th *

November 24th, 2010 | By Pirate

??Wednesday, November 24, 2010 is NATIONAL OPT-OUT DAY! ??

It’s the day ordinary citizens stand up for their rights, stand up for liberty, and protest the federal government’s desire to virtually strip us naked or submit to an “enhanced pat down” that touches people’s breasts and genitals in an aggressive manner. You should never have to explain to your children, “Remember that no stranger can touch or see your private area, unless it’s a government employee, then it’s OK.”

TSA Touch Your Junk dayThe goal of National Opt Out Day is to send a message to our lawmakers that we demand change. We have a right to privacy and buying a plane ticket should NOT mean that we’re guilty until proven innocent. This day is needed because many people do not understand what they consent to when choosing to fly.

HERE ARE THE DETAILS:

??Who?? You, your family and friends traveling by air on Wednesday, November 24, 2010. Remember too, as the TSA says, “Everyday is opt-out day.” That is, you can opt out any time you fly.

??What?? National Opt-Out Day. You have the right to opt-out of the naked body scanner machines (AIT, or Advance Imaging Technology, as the government calls it). All you have to do is say “I opt out” when they tell you to go through one of the machines. You will then be given an “enhanced” pat down. This is a right given to you by the TSA. There is no intent or desire to delay passengers en route to friends and family over Thanksgiving. People also need to remember to stay within the confines of the law and the regulations of TSA when exercising their right to a pat down. Passengers, please note there has been at least one report of long delay for people who take the TSA up on their offer to opt out of the naked body scanners, so please keep that in mind when planning your airport arrival time.

??Where?? At an airport near you!

??When?? Wednesday, November 24, 2010. We want families to sit around the dinner table, eating turkey, talking about their experience – what constitutes an unreasonable search, how forceful of a pat down will we allow on certain areas of our body, and that of our children, and how much privacy are we will to give up for flying? We hope the experience then propels people to write their Member of Congress and the airlines to demand change.

??Why?? The government should not have the ability to virtually strip search anyone it wants without cause. The problem has been compounded in that if you do not want to go through the body scanner, the TSA has made the alternative an “enhanced” pat downs. There are reports from travelers across the country about how the TSA now touches the genitals and private areas of men, women and children in a much more aggressive manner. We do not believe the government has a right to see you naked or aggressively touch you just because you bought an airline ticket. And we would hope that Congress would act to ensure TSA respects the privacy of the flying public.

??How?? By saying “I opt out” when told to go through the bodying imaging machines and submitting to a pat down. Also, be sure to have your pat down by TSA in full public – do not go to the back room when asked. Every citizen must see for themselves how the TSA treats law-abiding citizens.


???????

 

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