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Dispensaries And Growers Are Too Big To Win

By August 29, 2012 0

I consider this article to be an addendum to the previous article: Marijuana Legalization. You’re Failing At It. I want to be very clear from the start, this addendum is how marijuana can win.

Currently, marijuana is in a pseudo-legalization state. I consider it an entrapment scheme, ignorantly developed by local activists and purposely ignored at the federal level. Considering how difficult it was for the law enforcement, local and federal, to bust marijuana growers and distribution, it makes sense, to some degree, to allow these people this level of legalization. The reason is simple. Growers and distribution networks are basically snitching on themselves.

Think about it. Your state has legalized medical marijuana. States have set up registries for users, growers, and distributors. This directory of criminal activity never existed before. To make matters worse, these people are advertising their activities. “Come here, come now.. free joints.. discounts”. Now, federal law enforcement doesn’t have to do any work at all. They don’t even need to do investigations. The criminals are screaming, “HERE I AM! ARREST ME, PLEASE!! TAKE MY MILLIONS TOO!!” It’s never been so easy for the DEA.

As a citizen of these various states, you can easily alert the DEA to large operations which are sanctioned by the state. What are local law enforcement, from state attorneys to local cops to prohibitionist citizens, doing? They’re giving Uncle Sam a call, every single day. Dispensaries are getting shut down and growers are getting busted all the time. This is the current state of pseudo-legalization. Should we be mad at the federal government or ourselves? Well, I’m not mad at myself. I’m not the one with the imagination that it’s ok to set up large scale operations.

The question becomes, how do we continue on this path? In my opinion, this is the path to failure. Marijuana advocates are leading citizens to believe that it’s ok to set up these businesses and it’s ok to set up these large grow operations. The federal government is letting you know that it’s NOT ok to set up these businesses and grow operations in words and actions. Before, my answer was to simply “STOP IT!”

But, then I got to thinking. I looked back at previous articles and documents and did some more thinking. The facts are:
1) Marijuana activists are clearly too narrow-minded to see the big picture and
2) Federal government is content on letting the marijuana activists continue to snitch on themselves

I’ve come to the conclusion that, considering the path we’re on, the state by state strategy can win. However, we have to be mindful of being “too big to win”. What’s that even mean? Simply put, pay attention to who the federal government is going after: the big boys – dispensaries and large growers. The DEA doesn’t have the manpower to conduct low level arrests so they’re not going to conduct low level arrests. They admitted to that reality in 2009. But, they do have more than enough manpower to shut down large operations. And, they admitted to that reality as well.

How can this state by state strategy actually be a win for patients? The answer was always right in front of me: Stay small. It’s not a new concept. It’s something that I’ve been advocating for years along with many other people who talk about it and do it themselves. But, the great flaw of too many marijuana activists, whether it’s greed or righteousness, is that they want to be the end all. They want to be large scale providers. While it makes sense; what business doesn’t want to be large and successful? Unfortunately, this is exactly how you end up in a federal prison. So, perhaps the marijuana industry, as it is now, should want to be successful but not large – collectives and smaller grow operations. Basically, you don’t want to show your behind to the federal government. Clearly, they can shut you down and they will shut you down.

If we take a second to actually think about it, shed those wild egos and silly righteousness and actually consider this state of pseudo-legalization for what it is and not what activists imagine, it all makes perfect sense. Local authorities won’t arrest us because what we’re doing is legal at the state level. At the same time, federal authorities won’t touch us because we’re not worth the expense. The patients win because they can still be provided quality medicine from reputable people. At the end of the day, it’s all about the money. If you’re a DEA agent, are you going to push on small low-level operations or are you going to expand your federal wallet by following the big money?

While maintaining an off-the-federal-radar state by state strategy, the federal strategy to legalize should get the most focus.. and funding. That federal strategy has multiple approaches – voting for the right people in the US Congress (something we all can do) and bringing the DEA to the US Supreme Court (something Americans for Safe Access is doing).

Categories: Legacy, Opinion

Marijuana Legalization. You’re Failing At It.

By August 18, 2012 0

As I read article after article regarding marijuana legalization, general and medical, I’ve come to the conclusion that it simply is NOT going to happen. Don’t get me wrong. It can happen. But, with the current mindset of marijuana legalization advocates, I have to admit, failure is inevitable.

First of all, who am I to say anything? Well, I’m a user (10 years). I’m also a grower (7 years). I’m a US citizen. I’m someone who doesn’t care to go to jail over a plant. And, I’m all for legalization. But, my question is not whether or not it should be legalized. And, some people have actually accused me of being for the criminalization of marijuana because I admit to being a grower. They make themselves believe that I want to keep prices arbitrarily inflated. I can only guess they imagine my three to five plants in the closet somehow supplies the entire Eastern US, go figure.

What I have a problem with is the WAY in which the legalization fight is being carried out. Basically, there’s a state to state effort to push medical marijuana. On its face, it’s good. It’s good for the terminally ill to be able to secure some pain relief. But, let’s be honest. A lot of people aren’t using medical marijuana for medical purposes. In fact, I don’t even use marijuana for medical purposes. Medical marijuana has become a pathetic toy tossed between advocates, who act like people aren’t going to abuse the system, and opponents, who think everyone is going to abuse the system. The truth is definitely somewhere in the middle.

Unfortunately, as any honest lawyer will tell you, even medical marijuana is still illegal under federal law. If it’s illegal under federal law, it’s illegal under state law. But, you have “activist judges” going against the grain with nonsensical opinions that amount to nothing more than an affront to the US Constitution. It’s pathetic. At the end of the day, people are still being imprisoned and/or outright murdered for a plant by people sworn to protect them.

The medical marijuana agenda has done more harm than good. It gives individuals the feeling that they’re protected. No one’s protected; they’re just ignored locally. It gives potential businesses the idea that they can operate with impunity. They’re being shutdown as I write this. Finally, it gives growers the idea that what they’re doing can’t be stopped. Plants are getting yanked daily. This is happening because this pseudo-legalization atmosphere has created the perfect climate for law enforcement to act.

In other words, medical marijuana has become nothing more than a scheme for entrapment at the national level. Sad to say, many of you have fallen for it, hook, line, and sinker. Law enforcement doesn’t have to spend time in a helicopter searching for farms. They don’t have to build relationships with growers on grow forums like ICMag or 420Magazine. They don’t have to catch distributors in large scale deals. All they have to do is sit back and wait as user, grower, and dealer all out themselves in news articles, documentaries, and Youtube videos.

But, I’m not writing this to be against medical marijuana. I’m condemning some marijuana advocates who don’t tell the truth to the users, growers, and dealers. The very reason many of us think medical marijuana is ok is because of the constant misinformation these people pass around. They talk about the 10th Amendment or State’s Rights to justify pseudo-legalization. They tell you to sign up to these registries. They tell you it’s ok to set up these businesses. They tell you it’s ok to grow within state law. None of it is true or honest. In fact, medical marijuana movement has done nothing more than help the DEA develop an environment of entrapment. I question some advocates’ motives, in whole. Seriously, since when do people need to sign up for registries to use medication? I can get a prescription for dilaudid (painkiller) just as easy as albuterol (asthma) but the government needs to know who I am and where I live if I want to use marijuana?

But, don’t assume that I think this is some grand conspiracy. My belief is, and I truly think this, these marijuana advocates, who have been leading the way, are stupid and short-sighted!! They’re so blinded by their own agenda that they don’t even realize they created a system of pure entrapment. If you’re law enforcement, it’s the best time to take advantage of the situation. This is why I refuse to listen to these advocates anymore. They’re not intelligent people. We can all sit here and talk about what we want to see happen. It’ll be a fun exercise in imagination. But, I prefer to see what’s happening not what I want to happen. People are dying over a plant. That’s what I see.

————–Take a break. Rest your eyes.————–

So, if the states’ rights strategy is an inevitable failure, how do we go about legalization, medical or recreational? What are the obstacles? And, how can we overcome those obstacles? First, we have to understand how we came to this point? Where does it really start?

It starts with a very mind-blowing realization about our US Constitution. For a long time, I thought, to alter the Constitution, you needed an amendment. Federal government doesn’t have any rights to do anything that’s not provided for by the US Constitution. For example, want to prohibit alcohol, you needed the 18th Amendment. Wanted to legalized alcohol after the fact, you needed the 23rd Amendment. So, how can the US government prohibit various forms of drugs without and amendment? Easy. It’s in the US Constitution, Article IV, Section 2, the Supremacy Clause. Let’s just take a look at it.

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

Yes, the US Constitution, the laws that US Congress makes based on the Constitution (including amendments), AND ALL TREATIES shall be the supreme law of the land. That doesn’t sound right. I don’t remember Mr. Roberts mentioning anything about treaty agreements becoming the supreme law of the land in Government class. They definitely don’t teach you that in college if you’re not in law school. But, this is important because it’s that tidbit that completely changes the game. A treaty has the power of an amendment. That means when the treaty is agreed upon, US Congress has to create legislation/laws to that effect. So, just like the 18th Amendment brought about the Volstead Act, the Single Narcotics Convention brought about the Controlled Substances.

WAIT WAIT WAIT.. I went too far ahead. Single Narcotics Convention? That’s the treaty that the US government agreed to with the United Nations in 1961 which brought about the Controlled Substances Act of 1970. I know, it doesn’t sound like a treaty. Usually, a treaty has the word treaty in it. But yes, that’s a treaty. You’d be smart to ask if there were any other treaties in which the US Congress is in agreement. Yes, there are countless treaties in force.

Quickly, why would it be more beneficial to agree to a treaty as opposed to pushing for an amendment? It’s the requirements. A treaty only requires 2/3 of the Senate to be in agreement. However, to ratify an Amendment to the US Constitution, you’ll need 3/4 of all individual state legislatures to agree to the Amendment, a much hard task to accomplish. With that, our Social Studies lesson is over.

Now, we have a better understanding of the obstacles that we face. We see, it’s much deeper than some states’ rights fight that some advocates ignorantly talk about. It’s why I think most marijuana advocates are stupid. It’s why I think state judges don’t do their job when they come up with pathetic opinions that clearly ignore the US Constitution. If this is how advocates think marijuana is going to be legalized, with the knowledge that it’s against federal law, they’re not just failing us all but they’re setting up others for failure unwittingly.

What are our REAL options for legalization? Like I’ve said, if marijuana is going to be legalized, it’s going to take place at the federal level. Either, US Congress opts out of the treaty agreement or we can find a way to work within the agreement, meaning a push for rescheduling of marijuana. This is why I am following four developments.

First, Americans for Safe Access vs DEA. This is another important case to watch because it directly targets the obstruction to re-scheduling of marijuana by the DEA. It could lead to a forced rescheduling of marijuana especially considering all of the medical evidence that proves marijuana is not only safe but effective as a treatment for various ailments. Once marijuana gets pushed into a lower schedule, it can be prescribed in all 50 states. See why I don’t care about state-level strategies. With one stroke of a pen, all 50 states can have medical marijuana programs instead of the ugly state by state nonsense through marginally corrupt judiciaries.

Second, USA vs Steele Smith. This is an important case to watch because it’s essentially the first time the courts will allow a medical marijuana defense. See, since Congress has taken the stance that marijuana is a Schedule I substance (no “accepted” medical value), the courts have generally been unable or unwilling to allow a medical defense. It’s moot. It’s a banned substance, can’t talk about. So, I am eager to see what happens when the court “unmoots” the medical defense. Unfortunately, the US government is dragging their feet as this case has been going on for years now.

Third, alter the original treaty. See, the Single Narcotics Convention and Controlled Substances Act might as well be copies of each other. The US, being the main proponent of the convention, is following it word for word. If marijuana is banned in the treaty, it’s going to be banned in the CSA. But, this method is probably more of a longshot than amending the US Constitution. There are powerful forces behind this treaty

Fourth, general international pressure. South America is turning the tide, nation by nation. As these nations push out their old Friedmanite regimes and consolidate their power, they’re becoming just as influential as the US, Russia, or China. That kind of power doesn’t simply get ignored. Crime and violence are major problems in the US-led international war on drugs. Trying to fight a major war, US-style, has always been a dumb idea. Uruguay is leading the way by offering to sell marijuana directly from the government. With this kind of pressure mounting in South America, the world is going to have to make some serious adjustments to their policies.

Personally, I believe marijuana will be legalized in the near future, probably within the next 5  years. Pressure is building within nations and between nations. The fact remains, you can not outlaw nature. Until legalization happens, my advice to all in the marijuana community, recreational or medical, go back underground. Don’t sign up to any registries. If you own a dispensary, shut it down. If you’re a patient, grow your own or find reputable dealers (they exist).

If you’re a grower, you need to think outside of the box and completely change the game. The future of marijuana growing (if we remain on this current course of self entrapment) is small indoor grow operations. That means, no more large grow facilities that can be targeted by a DEA shutdown, harming hundreds or thousands of other patients. It means, setting up grow operations in people’s homes. If the patient is not physically able, manage the grow op for them.

Lastly, if you’re a marijuana advocate pushing a states’s rights agenda, STOP IT! The states do not have any rights where the federal government already has laws. You are helping to create an environment where American citizens are getting hurt, en masse. Your focus should be ON getting marijuana out of the CSA so that it can be treated like alcohol and tobacco, not making others believe the nonsense you’ve come to make yourselves believe. It’s a delicate situation and you’re messing it up for all of us. People are getting hurt because of YOUR entrapment scheme. STOP IT!!

If you truly believe that, let US Supreme Court rule on it and stop hiding behind activist state judges that have sympathy for the cause and choose to ignore the US Constitution in their decisions.

Categories: Legacy, Opinion

Ogden Police Messed Up, Nothing New

By January 11, 2012 0

I’ve been loosely keeping track of the home invasion by the Ogden, Utah police which resulted in the death of one of their own officers, Jared Francom, as well as 5 more officers wounded. The victim of this home invasion was Matthew Stewart, a veteran of wars in Iraq and Afghanistan. He was also injured in the home invasion.And now, the DA is seeking the death penalty for a man who was simply protecting his home.

My big problem with this whole issue is that the police aren’t taking any responsibility for their actions. The prosecutors and judges are ensuring that the police aren’t held responsible for their actions either by charging the victim with murder. They’re hiding behind the rule of law and procedure instead of admitting they messed up by purposely creating a “war zone” situation where none existed.

First of all, let’s take a step back. Why did the Ogden police invade this man’s home? There was suspicion that he was growing marijuana. The police got a search warrant. They went to conduct a search.

So, why did this turn into a war zone? How did a simple search warrant turn into a veteran of two wars firing on police officers?

It’s because the Ogden police, like many other police departments, decided to raid this man’s home. But, they didn’t want to raid his home while he was at work. They didn’t want to raid his home while he was out shopping for groceries. They wanted to raid his home while he was IN his home. They wanted to make sure this guy was at home.

Unfortunately for the overzealous wannabe-military Ogden police, Stewart was a real military person with post traumatic stress disorder. You don’t get PTSD from sitting behind a desk for a few years. You get it from being involved in some things, like war. You get it from being traumatized and stressed so hard that it becomes a mental disorder.

So, how did the Ogden police mess up?

They forgot that they’re a pansy civilian police department. In doing so, they made of the fatal mistake of deciding to bring the drug war to a man who’s not mentally out of a war zone yet and they got their behinds handed to them. It’s not the first time and it won’t be the last. As more of our troops come home, they’ve seen and done things that aren’t easily forgotten. Many of them will have PTSD; many of them will be medicating with marijuana; and many of them will be growing at home.

How could the Ogden police have carried out this search warrant in a smarter way?

  • One, they could have tried to NOT bring a war zone to a man who’s not quite out of the war yet. You do that by conducting your search warrant while he’s NOT at home. That, alone, just might have avoided any and all confrontation.
  • Two, they could have lied to him to get him to come back home if they needed him there. That’s been done before.
  • Three, they could have maintained a perimeter (in case of escape), and just waited for him to answer the door and spoke to him.
  • Four, they could have asked his parents for help.

But see, none of these things are on the menu for most police departments. Some alternative ideas to raiding a man’s home while he’s home might not be the smartest or the best. It’s definitely not as much fun as creating a faux war zone. But then, Jared Francom might be alive today.

Hindsight is 20/20. But, with as many botched raids as have been conducted by various police departments over the years, I have to seriously wonder why law enforcement doesn’t have any kind of foresight, whatsoever. How stupid are you to create a war zone for no apparent reason especially when there are other options available?

And because of typical police stupidity, one man is dead, others are injured, and now the state of Utah wants to murder an innocent man – a man who has fought for this nation and its people – for protecting himself against a home invasion. Or do they? Let’s see what jury of his peers has to say. If I was on that jury, I’d vote “not guilty”. If Utah wanted to bring suit against the Ogden police for reckless endangerment and negligent homicide, that’s an easy “guilty” for me.

It’s so sad that any of this has to happen over a marijuana plant. It’s clear that this ramping up of state sanctioned violence against peaceful citizens is a sign that this war on drugs is coming to a close. It’s that final ditch effort by law enforcement to maintain a strangle hold of control. What they don’t understand is that it’s acts like these that help people make the decision to legalize, outright or for medical purposes.

I wish Matthew Stewart the best of luck.

Update

Help Matthew Stewart Org.

Matthew Stewart @ Facebook

Categories: Legacy, Prohibitionist Idiots

Boondocks: Mr. Medicinal..

By July 19, 2010 4
Y’all know I love marijuana right?Yeah, y’all know that.

Y’all know I am not just some pothead either, right?

Yup, I’m sure y’all know that.

I went from schwag smoke to growin some fine ass Princess Diesel . When it comes to marijuana, I could probably run Oaksterdam. They should make me the dean or something.

Anyway, enough self-aggrandizing. I wanted to pay homage to this last Boondocks episode, Mr. Medicinal.

Let me get my beef out of the way first.

They should have put me in it. Instead, they put some ol’ regular stuck up dude in there. They could have had the super laid back, chubby Black Buddha type such as myself. With my mellow flow and superior knowledge, I would have made the perfect Boondocks character to cultivate and distribute high quality marijuana in Woodcrest.

Anyway, without spoiling it too much for others who haven’t seen it, I loved the way the episode went down. It pretty much covered all the bases – first time introduction to weed from Thugnificent, the rabid anti-marijuana knucklehead in Tom, the first smoke, being high, driving while high, trouble with the law, and so on.

But, most importantly, I think it caught a bit of that enchantment that people have with marijuana. We all know Granddad is an uptight ornery ol sumbitch that gets angry at the drop of a hat. But, when Granddad is high on marijuana, he’s a completely laid back and relaxed individual. As he mentions, he isn’t going to let the small things bother him. When you feel like that, you’re not going to want to go back. You gain better perspective because when you can treat the small things like small things, you can concentrate on the bigger picture being your life, friends, and family.

Yes, everything looks better, tastes better, and feels better, especially sex!

Anyway, I tend to get long winded and I wanted to try to keep this short and sweet. But, I can’t just leave it without spreading some knowledge.

“There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others.”


– Harry J. Anslinger, testimony to Congress, 1937

 

After Anslinger’s racist comments to the US Congress, which they ate up, marijuana became illegal through the Marijuana Tax Stamp Act of 1937. Basically, this act dictated that you have to pay taxes on marijuana. The catch-22 is that you had to bring the marijuana to get the stamp. However, you couldn’t have marijuana without the stamp. The act was repealed in 1967 because a judge caught the catch-22 which was conveniently overlooked for three decades.

Everything was good until the US Congress passed the Controlled Substances Act of 1970. What a lot of people don’t know is that the CSA is a response to the United Nation’s Single Convention on Narcotic Drugs Treaty in 1961. This is important because to ban drugs in the United States, there needs to be a Constitutional amendment. The best and only example of this is the 18th Amendment which prohibited alcohol in 1917 and was repealed by the 21st Amendment in 1933.

Now, let’s tie this all together. How is it that the US needs a Constitutional amendment to prohibit alcohol but doesn’t need one to prohibit marijuana use?

Article VI of the US Constitution answers that question.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

In other words, if the US signs a treaty, whatever is in that treaty supersedes any and all laws in the United States including the US Constitution itself. So, there will be no legalization efforts at the federal level because of the Single Convention on Narcotic Drugs as well as some other treaties that were signed afterward.

What it all amounts to is someone using Article VI of the US Constitution to tell American citizens what they can and can’t do with their lives.

If you think for a second that there isn’t a racial motivation for this effort, at least in part, just look at marijuana statistics today. 70% of marijuana users are White compared to 15% of those users being African American. However, 60% of those incarcerated are African American compared to 20% White. Yes, there are people who would go through all of that just to get us!!

Check me on it. I always feel good about what I write, when I decide to write, for a reason.

Categories: Legacy, LOL

Thoughts on Medical Marijuana in NY

By February 25, 2010 0
Yeah. You read the title. On Feb. 23rd, the NY State Senate Health Committee passed medical marijuana legislation. I’ll admit, I don’t fully understand all of these political procedures that NY State government must go through before a bill becomes a law. It seems a bit more complicated than the cartoon of the bill on the steps of Capitol Hill (ha, I’m a rapper now) in DC.

Wait.. it was Capitol Hill right?

Anyway, on the surface, I am happy that NY is finally coming to its sense on medical marijuana. Honestly, it should have happened at least at the same time as California who passed their medical marijuana legislation in 1996.

However, as I read the bill, I am quite upset with the language.

Read for yourself: S4041B: Provides for medical use of marihuana

Low Limits

It would seem NY politicians want to be super strict and allow for tiny amounts of marijuana for seriously ill patients. While they get the gist of medical marijuana, they need to fully understand that they are NOT patients or doctors. Even most doctors don’t understand how to prescribe marijuana. The amounts allowed under this bill – 2.5oz – don’t factor in the need of the patient or the tolerance of the individual.

Some patients are known to use up to an ounce of marijuana a day. I am not talking about the typical recreational user. As a recreational user myself, I don’t think I could do more than a gram a day which amounts to an ounce per month. But, I am talking about seriously ill patients for which this bill is intended. On top of that, the “caregiver” is not allowed to care for more than 5 patients. (Sections 3362 and 3363)

It’s like saying you’re only allowed 10 regular strength Tylenol pills per month for serious migraines. Of course, you can buy a box of Tylenol, thousands of pills, and no one will think twice about it. Unfortunately, you can’t have enough marijuana for terminal illness.

I don’t need ID for Tylenol

The other thing that bugs me is the registration for ID cards. Basically, you’re getting a driver’s license for medical marijuana – name, address, picture, etc etc etc. It says that the Dept of Health will keep the information confidential, that is, until they have a reason to snitch on you which could be as simple as a DEA or FBI or even some local cop requests it.

If marijuana is to be considered medical, why do you need to alert a government agency that you’re using it? It’s medicine, right? I am sure we all, at some point in time, visited a pharmacy to fill a prescription for various medications from asthma pumps to antidepressants to oxycontin and percocet. Did any of us have to register with the government to use these medications? Did you have to stand in line at the DMV to get your picture taken?

I can understand the caregiver, much like a pharmacist, needing registration as a business. But, I don’t see why patients need to be registered with the government to take medicine. It’s an unnecessary invasion of privacy.

No Plant Limits?

The other problem that I have with it so far is that I don’t see any specific information as it pertains to cultivation. For example, how many plants would someone – patient or caregiver – be allowed to grow?

Section 3364 defines “registered organization” as a pharmacy, a licensed facility, a non profit corporation, the department, a local health department, or a registered producer. However, the registered producer, which seems to be the grower/cultivator/manufacturer, can not provide directly to the patients. Such a designation completely separates the grower from the potential role as a caregiver.

Edit
After re-reading this section, it looks like I want plant limits. As far as I am concerned, the more the better. No plant limits is great. However, I am afraid that it will be addressed and severely limited by politicians. If they think that 2.5oz is good for a seriously ill person, I can’t imagine what they would believe is acceptable in a grow operation.

At any rate, there is a lot missing from this bill and far too many limits. I have to question politicians that wrote this bill. I wonder if they had any input from the patients that use marijuana. Did they even bother to look into the other 14 medical marijuana states and their provisions. This bill is so very incomplete. If it passed, as is, it would cause more trouble than it’s worth.

If Senator Tom Duane ever reads this or any senator that has to vote on this bill, I’d beg him and them to please talk to patients from other states. Do not ask police or the DEA for their input as they are not doctors nor are they patients. They aren’t even growers/botanists. Speak with the people who need the medicine, not the people who benefit from its control. It would not be unreasonable to allow for more marijuana per patient and to allow patients to grow their own. It would be sensible to allow caregivers to also be “registered producers.”

As a marijuana grower and user, myself, politicians have a lot to learn about the use of marijuana. If they are willing to admit to its medical utility, at some point, they will have to be willing to learn and comprehend why different strains exist outside of the cute names.

I think I need to make some phone calls.

Just as a reminder.. marijuana should be legalized, regulated and taxed. Medical marijuana is nice but it still leaves the door open to the black market and violence against citizens from gangs and police.

Legalize it.
(It’s been 70+ years. It’s obvious you can’t stop it.)

Categories: Legacy, Opinion

Marijuana Patients Need Future Protection

By February 16, 2010 2

The one thing I never liked about Obama’s memo regarding medical marijuana is that his memo is nothing more than a memo. It’s not a change in the law. I’ve always stated the memo doesn’t really mean anything. If the DEA decided to ignore it, they’d be in the right. They are a law enforcement agency. Last time I checked, there were no “memo” enforcement agencies.

Today, 14 states and Washington DC (not a state) have legislated some form of medical marijuana. In most of these states, the patient and/or “caregiver” need to register with the government to be considered “legal”.

I have a major problem with all of this.

First of all, have we forgotten that the law has not changed? The good thing about being in New York City is that we have some serious problematic politicians (ie Bloomberg) so medical marijuana hasn’t come here… yet. So, I haven’t forgot. I am sure many of us haven’t forgotten either. While Obama’s love letter to the DEA suggests they concentrate on commercial business that somehow remains illegal, it’s obvious from various news reports that the DEA is still doing the same damn thing. Obviously, they aren’t giving President Obama much attention.

Aside from the obvious fact that Obama’s memo doesn’t mean much outside of a toilet stall, I have to wonder, how many people in these states (and territory) are registered with their local governments? Is it over one million or maybe less than 100,000?

Now, another question comes about. What is going to happen when Obama is not the president anymore? Does his memo still stay in tact?

Simple answer.. NO.

The memo goes in the trash along with all of Obama’s other “middle of the road” policy. Of course, it depends who the next in charge will be and what they will do. Maybe this nation will luck out and get someone whose common sense outweigh special interest money. Chances of that happening or low. Chances are much higher that this nation will have to further waste its time with another drug warrior.

The question becomes, when this new president gets into office, what will be the state of registered patients and their caregivers? What protections will they have from the US Government? Will the Department of Justice draft subpoenas for the names and addresses of all the “caregivers” and their patients? Will local and state governments help the people that they’ve registered or sell them out in the long run?

These are real questions that I believe should be addressed for the sake of those that are truly ill and find benefit from the use of marijuana. As far as I am concerned, my policy has always been to keep my mouth shut regardless of the state. I’ll change when the actual law changes. Until then, I am keeping well below the radar.

Perhaps my paranoia is getting the better of me. I do truly fear that one day in the future, there will be mass arrests of medical marijuana users. When you think about it.. what would stop the DEA from carrying out mass arrests? Is there some law in place that would prevent it? No. In fact, they’d be well within their right to do everything I just mentioned.

I hope it doesn’t come to that. I just don’t see any reason why it would not come to that. Perhaps some of you have more faith in humanity. I don’t have that kind of faith when it comes to law enforcement.

Categories: Legacy, News

Haaa, can’t tax my marijuana!

By October 28, 2009 0
Legalization/Taxation

The fight to legalize marijuana seems to be making major inroads as politicians, greedy for funds of any kind, find ways to get those tax revenues without a direct increase to the taxpayer. While there are some politicians have a more honorable reason for promoting the legalization of marijuana, there are many others who have no interest in the welfare of their own friends, family, and community; they’re in it for the money.

At any rate, I could care less about their reasons for legalization. All I care about is that it get legalized.

However, what I do care about is how legalization takes place, particularly in the way of taxation, for now. I assume that quality control will be an issue in the future as I am sure companies like Altria, makers of smokable poison like Marlboro cigarettes, would find ways to weaponize marijuana as they did with tobacco.

But, I have a solution for all of that.

The problem with taxation are the high expectations for tax revenues. These politicians believe that the current pricing for marijuana will be stable. For them, that high cost equals high tax revenues. But, they don’t recognize that these high costs are in part due to prohibition. Once prohibition is repealed, marijuana prices will drop considerably and those major tax revenues will drop with it.

This is why legalization is not a particularly great solution for the economy. And, here I am making that prospect even worse.

The reason I intend to make it worse is because there’s a segment within the marijuana community that believe in absolutely no taxes for marijuana use. This is because they consider marijuana a medicine and you simply don’t tax medicine. However, it stands in the way of legalization because it if we’re to get it legalized for everybody, taxation has to be a reality.

Besides, medicinal users are already being taxed by having to pay upfront fees for licenses, doctors prescriptions, and the ability to grow if they are providers.

Side Note
I call that the Republican way to tax. See, Democrats tax you from the front so you see it coming – income tax, sales tax, etc. Republicans reduce face-front taxes. They just wait for you to turn around and bend over so they “tax” you up the behind with increased fees for anything you want to do. Democrats will rather tax your income to pay for roads. Republicans rather put tolls at every street intersection they can find. For example, in NYC, Mayor Bloomberg has sought to lower “face-front” taxes, yet proposed fees for entering the Manhattan below a certain street. Hey, you’ll pay either way so just laugh about this now, think about it later.

The real issue is that medicinal marijuana users don’t like the idea of being taxed at the rates proposed under complete legalization. It truly is their medicine and they shouldn’t be taxed for it. And, let’s be honest, those rates are incredibly ridiculous no matter who’s paying. Not even alcohol or tobacco are taxed as heavily as what’s proposed for marijuana. So, I don’t blame people for getting upset.

Proposal

As a consumer, I propose that, under legalized and severely overtaxed marijuana, users, for whatever purpose, do not buy any marijuana until competition increases supply causing prices to come down and the tax rates are reasonable, at least within comparable levels with alcohol and tobacco.

The question at this point is how can this be done.

First of all, the politicians will do most of the work for this effort to be a success. By promoting prohibition level pricing, even after the repeal of prohibition, it wouldn’t make sense for a marijuana grower to sell his product at wholesale prices when he can still operate and compete as though prohibition still exists. In fact, it can be considered as prohibition-plus since taxes are going to be a major factor. As a consumer, it would make sense to simply go directly to the grower and avoid any taxation whatsoever.

Side Note
While this may not be desirable, the politicians will have to learn a hard lesson here. It’s not a lesson that wasn’t already anticipated in history. During the repeal of alcohol prohibition, politicians, then, knew that the legal market would have to price-compete with the illegal market. Otherwise, it would be impossible to regulate and collect taxes. If today’s politicians are too stupid to anticipate such competition and too arrogant to listen to the people, then they deserve to look like fools when their ridiculous taxation scheme doesn’t produce the kind of tax revenues expected.

The second and most favorable method is self-reliance – grow your own marijuana. I am always promoting growing your own marijuana for personal use, so nothing new here. If marijuana is legal, who’s going to come looking for you if you’re growing a few ounces. Even though that marijuana is illegal, it’s still safer because you completely remove yourself from law enforcement radar. You’re not a Mexican drug cartel. You’re not out trafficking bricks of marijuana. And, you’re not out dealing on the streets. The only problems you may have is if smell gives you away or someone you tell decides to snitch on you. So, limit your exposure by investing in heavy odor control and not telling anyone.

Final Side Note
Personally, the only reason I would ever get caught is because of this blog or perhaps the few people that know about me. And, I know what I am doing by exposing myself. But, if I can motivate more people to grow their own, I can help limit the violence injected into the lives of peaceful people by careless drug dealers and aggressive law enforcement as well as reduce the profits of violent drug cartels that most law enforcement protect with their support of prohibition. It’s worth it if I can save another life.

Categories: Legacy, Prohibitionist Idiots

Thought: Petition DEA to schedule alcohol AND tobacco!

By March 5, 2009 2
Intro

In 1970, Congress passed the Controlled Substances Act. At the time, no one knew enough about marijuana (although it has been in use around the world for thousands of years) to know where to schedule it. For the mean time, it would be considered a “Schedule I” substance until more research of the plant could be conducted.

Reference Note
Schedule I is the placement for substances that:
(A) has a high potential for abuse.
(B) has no currently accepted medical use in treatment in the United States.
(C) lacks accepted safety for use of the drug or other substance under medical supervision.
There are also Schedules II, III, IV, and V which are just lesser forms where Schedule V substances:
(A) has a low potential for abuse compared to Schedule IV.
(B) has accepted medical use in the United States.
(C) may lead to limited physical or psychological dependence.
This is why the DEA thinks cocaine (Sched. II) is safer than marijuana (Sched. I).

President Nixon commissioned the National Commission on Marijuana and Drug Abuse also known as the Shafer Commission after the chairman Raymond P. Shafer. In 1972, Shafer presented the report, Marijuana: A Signal of Misunderstanding in which recommended that marijuana be decriminalized and treated as a social concern which means its use would, at least, be discouraged.

“[T]he criminal law is too harsh a tool to apply to personal possession even in the effort to discourage use. It implies an overwhelming indictment of the behavior which we believe is not appropriate. The actual and potential harm of use of the drug is not great enough to justify intrusion by the criminal law into private behavior, a step which our society takes only ‘with the greatest reluctance.”

And this was in 1972. We’re still fighting this war almost 4 decades later because the Nixon Administration ignored the very report they commissioned in the first place, not the first nor last time this has occurred.

With all of that information under our belt, couldn’t, or maybe shouldn’t, one agree that if there are any substances or drugs that should have Schedule I status, they would be alcohol and tobacco. Let’s analyze this fairly. According to Schedule I, a substance should have a high potential for abuse, no medical utility, and lack accepted safety for use.
Source: Wikipedia

Petition to schedule tobacco

Is tobacco addictive?

“Yes. Most smokers use tobacco regularly because they are addicted to nicotine. Addiction is characterized by compulsive drug seeking and use, even in the face of negative health consequences. It is well documented that most smokers identify tobacco use as harmful and express a desire to reduce or stop using it, and nearly 35 million of them want to quit each year. Unfortunately, only about 6 percent of people who try to quit are successful for more than a month.“

Is there any medical utility for tobacco?
I tried to find some information that would promote the use of tobacco for medicinal purposes and I could not find any evidence. However, I found this:

“Cigarette smoking kills an estimated 440,000 U.S. citizens each year—more than alcohol, cocaine, heroin, homicide, suicide, car accidents, fire, and AIDS combined. Since 1964, more than 12 million Americans have died prematurely from smoking, and another 25 million U.S. smokers alive today will most likely die of a smoking related illness.”

Well so far, it satisfies two out of three requirements for Schedule I. Shall we go for a third? I think so!

Is there any accepted safety for use?
I didn’t find much on accepted safety for use but I found this nifty list of surgeon general warnings that may help:

  • Cigarette Smoking May be Hazardous to Your Health
  • The Surgeon General Has Determined that Cigarette Smoking is Dangerous to Your Health
  • Smoking Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy.
  • Quitting Smoking Now Greatly Reduces Serious Risks to Your Health.
  • Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight.
  • Cigarette Smoke Contains Carbon Monoxide.
  • Cigar Smoking Can Cause Cancers Of The Mouth And Throat, Even If You Do Not Inhale.
  • Cigars Are Not A Safe Alternative To Cigarettes.
  • This Product May Cause Gum Disease And Tooth Loss.
  • This Product May Cause Mouth Cancer.
  • This Product Is Not A Safe Alternative To Cigarettes.

I figure the accepted safety of tobacco would be before you’re negatively affected by any of these ailments and the others that weren’t mentioned.
Source: National Institute on Drug Abuse and Wikipedia

Petition to schedule alcohol

Is alcohol addictive?

“Yes, alcohol is highly addictive. About 18 million adults are addicted to alcohol. This means they need to drink alcohol in order to function normally, and their drinking causes problems in their lives.”

Is there any medical utility to alcohol?

“Various meta-analyses have established alcohol’s causal role in a wide range of physical, mental and social harms, with practically no organ in the body immune from alcohol related harm.”

Is there any accepted safe use of alcohol?

This really all depends on what you consider safe, of course. It takes only ONE drink to be considered impaired. Depending on your weight and history of intake, it may take a lot to actually kill you. But, it can kill you.

Sources: WebMD and World Health Organization (PDF)

But, WHY?

There are numerous reasons why I want the DEA to schedule alcohol and tobacco.

  1. Appropriate: Both alcohol and tobacco fit the definition of a Schedule I substance
  2. Hypocrisy: If the DEA didn’t schedule these substances, they’d be contradicting their own policy
  3. Destruction: Imagine using the Controlled Substances Act to criminalize alcohol and tobacco. Sit back and internalize what would happen if alcohol and tobacco were made illegal!!! It’s my guess that the CSA, along with the DEA, would be dismantled long before alcohol and tobacco were ever made illegal. I fear for my life just thinking about clicking on “publish post”.

Instead of fighting a government that comfortably views and accepts marijuana’s criminalization, force them to confront, not only their own addiction to self-inflicted death, but also the contradiction of this sick, twisted, disgusting, and backward drug policy. The only issue for me to figure out is how does one petition the DEA to schedule these dangerous drugs so they can be removed from society? Just a matter of time before it’s all figured out.

Categories: Legacy, Opinion

Legalization: By Any Means Necessary?

By March 2, 2009 4
After I wrote the last post [link] on why I believe marijuana won’t boost the economy, I got a lot of support and a lot of flack. I got support from people who understand what I am trying to do. I got a lot of flack from people who, I find, don’t give a damn. I find myself between two evils, both stemming from greed. Unfortunately, most people probably won’t bother reading. They’ll ignore common sense because for them legalization is the only thing that matters.

Marijuana legalization advocates, specifically, seem to not care about HOW marijuana is legalized, as long as it is legalized. This exhibition of “weed greed” is a major problem for me. Advocates don’t have a problem quoting big numbers to entice politicians who are suffering from “tax greed”. California Assemblyman Tom Ammiano proves my point. He claims that California can reap in $1.3 billion in tax revenues per year [link]. And, I know this is a number that’s been quoted by legalization groups in the past [link]. I also believe that those numbers are not at all feasible.

Don’t get me wrong. I do believe that legalization will be a boost to the economy. I simply do NOT believe in the exorbitant numbers quoted by marijuana advocates and politicians who believe in those numbers. At the same time, I don’t blame advocates for appealing to political greed on this issue. Greed seems to be the ultimate driving force of this economy anyway.

Assemblyman Ammiano proposed a fixed tax of $50 per ounce of marijuana. While I can appreciate the opportunity that he brings in opening the floor to debate, I find this tax to be completely reckless and a danger to legalization efforts. While it may cause politicians to salivate and froth at the mouth, it’s not an honest number to start with in a real debate. However, that’s what a debate is all about. We can’t have a real debate with people willing to misinform the public.

In my previous post [link], I did something that may have pissed off fans of legalization. I discussed common sense economics. My argument is simple to anyone who has taken freshman level economics. It must have been scary to them to see a serious argument based on real numbers and the precedent of alcohol prohibition. Comments to my post seem to almost make up the idea that potheads will drive this economic revolution.

We seem to forget that potheads are human beings. We seem to forget that marijuana is not addictive. We seem to discount the idea of competition. And, we seem to discount any concept of supply vs demand. It’s these misconceptions that allude to these large numbers. It seems very obvious to me that typical potheads don’t understand, don’t care to understand, or are just willing to misinform anyone on their willingness to pay these prices.

If we adjust pricing for competition and increased supply vs demand, $50 per ounce ammounts to extortion. A commenter mentioned that potheads wouldn’t have a problem paying 75% in taxes, that is, after pricing adjustments. Well I am a pothead and grower and I will NOT pay $50 per ounce extra. While it may seem necessary to keep up that farce to get what we want, it’s a thin veil, easily broken. Once the real economists see these plans, they’re not going to agree at all.

It’s very much legalization by any means necessary.

It’s my view that if marijuana is to be legalized then we ought to legalize it for the right reasons. Greed is never the right reason to do anything. As I’ve mentioned before, there is greed on both sides of the issue. Legalize marijuana because it’s safe. Legalize marijuana because it’s helpful. Legalize marijuana because it’s the smart thing to do.

If we usher in legalization based on greed, we do more harm to national efforts than we will ever realize.

I don’t believe marijuana will bring in over $1 billion in tax revenues to California. Simply read my last post as to why I believe it [link].

  • What will happen if marijuana doesn’t bring in $1.3 billion in taxes?
  • What will happen nationally if California doesn’t perform as expected?
  • What will happen if legalized marijuana doesn’t beat prohibition-era pricing?
  • Would one still pay $50 more if they can get the same marijuana for $50 less?
If I am right, we go back to combating the same arguments as before because we stopped combating them due to greed. It won’t be worth it to legalize marijuana if people still think that it’s a dangerous substance. It won’t be worth it to legalize marijuana if high taxes drive the black market. And, there will be various groups supported by the DEA, tobacco companies, alcohol companies, and pharmaceutical companies as well as others who will make every effort to prove legalization is a failure. Advocates and politicians have been blinded by greed to the point that they don’t even care to further address these issues.

It’s silly that one kind of misinformation, spurred by greed, is overriding another kind of misinformation, spurred by fear. I feel that we’ve come a long way as it pertains to general public opinion. Marijuana is more widely accepted. This legalization for economy push, although in the right direction, is for the wrong reasons. Legalization is going to be based on a weak foundation of money that may not materialize rather than the strong foundation of common sense and intelligence.

I am not an opponent of legalization. I am an opponent of weak policy, greed, and stupidity.

I am for marijuana legalization. It’s the right path for the United States. It will bring in some tax revenue and will also save a lot of money on police expenditures. However, if California messes this up by NOT meeting demands or expectations, I believe it will push national legalization efforts back by a lot. I already believe they won’t meet those expectations. I’d rather have an honest debate about the nature of marijuana than a misinformation campaign about a boost to the economy that will disappoint.

We ought to have an honest debate with doctors, scientists, and researchers instead of this silly war of words we get caught up in between advocates who can only quote unnamed experts. Is it so wrong of me to ask for honesty in the debate. Is it so wrong of me to question motives? Is it so wrong of me to be so honest? I suppose to many fans of legalization, it is wrong of me to be honest. Unfortunately, they sound a lot like the DEA who routinely misinforms the public about marijuana.

I want to be wrong. I need to be wrong. But, I will not ignore history. I will not ignore other precedents. I will not ignore the lessons of alcohol prohibition. Legalize marijuana the right way. This is not the right way.

Categories: Legacy, Opinion

Reality Check: Marijuana won’t boost economy

By March 1, 2009 22
Intro

First and foremost, let me say that I would love to see marijuana legalized in the United States. As a user, with some growing experience, I believe it will be the best thing in the long run for this nation. Let’s continue…Now that I am down from the high – that is, the high I got from hearing that California may legalize marijuana outright and NJ’s attempt at medical marijuana – I realize or at least believe that marijuana will not be that great of a boost to the economy. In fact, I’ll go so far as to say that it’s the worst idea yet regardless of what side your on – for the economy or for legalization. In fact, I believe, if anything, it may be a boost to anti-marijuana groups in the long term when it does NOT work to boost the economy as many expect.

Problem One: Fallacy of Worth

Today, marijuana is the number one cash crop valued at about $40 Billion in the United States alone. No one argues that figure. California alone expects to reap in $1 Billion of that in tax revenues if they are successful at legalizing it. But, anyone with any business acumen, if they think about it carefully, knows that is not true. When gauging the worth of a product, we take in all factors – costs, supply vs demand, taxes, profit margin, etc.

Cost
If we discuss the costs, all one needs to remember is the very reason marijuana is such a high value cash crop is due to prohibition. The fact that it’s illegal drives up the price considerably. Take away the prohibition and the prices plummet from cultivation to trafficking to the final point of sale. No prohibition = no risk = lower operational costs.

Supply vs Demand
Also, it’s a given that growers will not only grow more marijuana but will be less likely to lose crops to DEA/police raids and theft. Factor in the long term potential that marijuana may have foreign suppliers from all over the world. All of this leads to a greater supply and much lower costs of cultivation along with the competition from many different suppliers from around world. Any kid, after a high school economics class, will tell you all about that supply vs demand chart. Granted, once prohibition is lifted, demand will increase but it will be wrong to imagine that competition alone won’t drive down the prices especially if US growers are competing with South Africa or Zimbabwe where you can get damn good landrace sativas for around $20 USD per pound.

Taxes
Califorina Assemblyman Tom Ammiano proposed a fixed tax of $50 per ounce of marijuana. How feasible is this when marijuana prices hit rock bottom? You get more than an ounce of tobacco in a carton of cigarettes which you can buy online for $10-$20. Imagine paying another $50 for marijuana that not only costs considerably less but probably isn’t even rolled for you.

When NY started to increase the taxes on a pack of cigarettes, it opened up a black market. I recently gassed my car at a Hess station off the University Heights bridge and there was a sign stating $7.56 for a pack of cigarettes, “lowest price allowed by law.” You can get the same pack on the street for $4. While I believe in taxation, we need to be equitable and reasonable in taxing policy, something the United States has not done very well intelligently.

All one needs to do is look up information on the 1920 and 1930’s era of alcohol prohibition to understand the TRUE value of marijuana as a cash crop [Wiki].

When [the] repeal of Prohibition occurred in 1933, organized crime lost nearly all of its black market alcohol profits in most states (states still had the right to enforce their own laws concerning alcohol consumption), because of competition with low-priced alcohol sales at legal liquor stores.

We’ve been here before. Let’s not act “new to the game”.

Problem Two: Smoker Beware

As a person with growing experience, I know what it takes to plant, care for, and process marijuana properly. One thing we don’t do as growers is use chemicals in the drying and curing process of marijuana. While I expect that to continue in the short term, in the long term, we WILL have companies like Altria (Phililp Morris/Marlboro) who infest their tobacco products with all kinds of manmade chemicals. This is to be expected if marijuana is actually legalized.

Also, let’s mention the idea that when the regulations hit, the potency will be controlled. As a user and grower, I will NOT be purchasing marijuana when they begin this practice especially when I can grow my own more potent marjuana and it should be legal for me to do so if they’re legalizing marijuana. Or, maybe I’d just get my product direct from the grower. That’s how everyone does it now, technically.

Problem Three: What about hemp?

We’re talking about legalizing marijuana but where’s the conversation about hemp and all of its benefits. It seems as though these politicians are counting on the potheads to rescue the economy without making any mention of the use of hemp as a cash crop. I’d like to assume that if the consumption of marijuana is made legal then also hemp itself, a very low-thc version of marijuana which can be used to produce food, clothing, and a million other things. I just hope my assumption isn’t far from reality.

Problem Four: Greed is always a bad idea

Legalizing marijuana because you think it will be a boost to the economy isn’t a smart reason; it’s a greedy reason. People who are greedy don’t think carefully about the actions they take. While I do believe it will be a boost in the short term as demand will increase faster than supply, in the long term, legalized marijuana will be a huge disappointment.

Legalize marijuana because it’s the right thing to do to repair the backward drug policy that does more harm to the United States than good. Even if people believe marijuana is dangerous, prohibition is a great deal more harmful to society than the substance itself. And I think with the fact that no one has ever died from marijuana use, we can safely assume that it just might be safer than drinking too much water [Water Poisoning].

Anti-marijuana ammo
In forgetting about the safety and benefits of marijuana and ignoring anti-marijuana groups’ concern for the love of money, we may give these fringe groups all the ammo they need to recriminalize marijuana in the future. Why should it be legal if it doesn’t boost the economy? It’s a pitiful backdoor attempt at legalizing marijuana, much like the people who have the audacity to piggy back onto medical marijuana efforts. I am NOT for it. NOT THIS WAY!

One Benefit: Lower Law Enforcement Costs

The greatest benefit of legalizing marijuana is the cost savings associated with the paring down of law enforcement expenditures. I’ve written about this recently [Budget cuts? Police first!]. I’d rather the United States, or California, make the smart decision to legalize marijuana instead of thinking it will be a major boon to the economy.

Perhaps, the short term boost is all this economy requires. But, then what?

Categories: Legacy, Opinion
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