"Well another week!! What a nice one it was last Sat. i was visited by the lovely Angela Bacca she came to El Paso and spent several days one with me. It is so nice to be able to talk to someone that has nothing to do with this shithole. One forgets what it is like to be among people like you. Got word from the R.D.A.P. Dir. that I'm on the list to be interviewed for R.D.A.P. which will take a y
ear off my sentence. My 2255 is in front of the courts. we are all praying they will do the right thing and resentence me or even give me a new trial?? time will tell. Hoping you all stay HAPPY,HEALTHY and HIGH. May your week be full of sunshine, love, rainbows, and unicorns!!! LOVE and MISS you all . Eddy P.S. Thanks to all who helped Angela to come visit me. Ed Rosenthal and Green Aid: The Med MJ Legal Defense and Education Fund deserve special thanks"
If you can't make it to the party this Saturday please still make a donation of any size at green-aid.com (specify "first amendment") and share this post with your friends via Facebook and Twitter.
On July 4th 2012 at 5:45 am the Sacramento County Sheriff’s Department came to the home of Shelby Lucero and Robert Sand with approximately 30 undercover sheriffs in riot gear, masks and an assault tank. They gained entry into the home using a battering ram. Robert, 65, and Shelby, 50, were thrown to the floor and held at gunpoint while officers demanded to know where the drugs were. They replied that they were legal medical cannabis patients, not drug dealers or addicts.
The Sheriff’s Department SWAT team recovered approximately 4 lbs. of dried cannabis in their home and ripped out 12 starter plants, all under a foot tall and not yet producing flowers. The Sheriff's department further insulted them by mocking their choice to use cannabis as an alternative therapy while the raid and arrest were underway.
The Sheriff then requested key's to Shelby and Robert's business– a Holistic Healing Center (used for Yoga Acupuncture, Qi Gong and various meetings) as well as a marijuana dispensary and natural foods restaurant.
Robert remains in jail today, Shelby was released after two weeks. She is raising money to pay for her legal defense and to get her husband out of jail.
While local authorities in California have the right to enforce federal law oftentimes the motivation is financial. To learn more about militarization of law enforcement, civil asset forfeiture and Equitable Sharing (the money machine behind prohibition) please follow our friends at Americans for Forfeiture Reform. (forfeiturereform.com)
Brenda Sherman <s..email@example.com> Oct 20 05:40PM -0700
Until WE can get rid of this, Nothing passed in any state can safely stand & prohibits those that have….
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Case is first test of Arizona's medical marijuana law
PHOENIX — The first real test for Arizona’s medical marijuana law began in Maricopa County Superior Court, Friday, with arguments between the Maricopa County attorney and lawyers from the American Civil Liberties Union.
The spark for this case was provided by a businessman who is trying to open a medical marijuana dispensary in Sun City. The White Mountain Health Center filed a lawsuit against Maricopa County after it refused to provide documentation and information required in order to obtain a dispensary permit under the voter approved 2010 Arizona Medical Marijuana Act.
“This has been an issue that I've been willing to fight for because it is a true medicine and I think the people in Sun City would benefit from that medicine,” said Butch Williams, of the White Mountain Health Center.
Williams is the first to apply for a dispensary permit under Maricopa County jurisdiction (nearly a dozen others have applied in Maricopa County under municipal jurisdiction). Maricopa County Attorney Bill Montgomery is leading the fight against the AMMA because he believes it would force public employees in Arizona to violate federal drug laws that prohibit the use, sale and cultivation of marijuana.
“We’re still asked to engage in facilitating violation of federal law and unless and until a court is able to show us how we can do it without breaking federal law, we can’t,” said Montgomery, describing part of his argument presented to Superior Court Judge Michael Gordon on Friday.
But lawyers from the ACLU who are representing Williams and his White Mountain Health Center said the state has every right to set policy.
“[County attorneys are] coming in and making what seems to be largely a political argument that Arizona can't decide for itself what should be and shouldn't be criminal, and how Arizona wants to manage the health of its people,” said Ezekiel Edwards, director of the ACLU’s criminal law reform project.
Edwards argued that while the federal government could still chose to enforce its laws in Arizona, that doesn’t prevent Arizona from decriminalizing medical marijuana use at the State level. Arizona is one of 17 states with some form of medical marijuana allowance and Edwards said the federal government has yet to punish any of those states.
“States are allowed to determine the contours of their own criminal laws and they're allowed to criminalize and decriminalize activity however they see fit, not withstanding that federal law may take a different approach,” said Edwards.
However, Montgomery said the AMMA goes beyond decriminalization because the application approval process gives state and local government employees an active role in facilitating marijuana use and sales. He also cited cases from other states where the federal government has punished individual citizens who are breaking federal laws by using, growing and selling medical marijuana under state laws.
“No one is saying there's not a conflict [between state and federal law]. The argument is whether or not there's a way to weasel around the federal prohibitions and I just don't think there is,” said Montgomery. “If people want to have marijuana for medicine there is a way to do it. But because of the regulatory scheme established by Congress, that has to go through Congress.”
The armchair pundits in Washington and New York typically write off these latter two factors as forces destined to aid the president’s reelection campaign. The conventional wisdom is rooted in oversimplified cartoons and caricatures of voter preferences. Essentially, the idea is that the marijuana measure will bring out liberal, Obama-loving hippies, yuppies and crunchies from Denver, Boulder and Fort Collins, while the libertarian candidate’s campaign will siphon conservative votes that would otherwise go to Mitt Romney, thus making Johnson the Republican “version of Ralph Nader,” as theNew York Times predictably projects. But that kind of hackneyed red-versus-blue story line — so prevalent in the national media echo chamber — ignores how these forces are playing out on the ground.<http://www.nytimes.com/2012/10/15/us/politics/gary-johnson-the-libertarian-partys-presidential-nominee-worries-republicans.html>
This is particularly true considering the intersection of the pot initiative and the Johnson campaign. Despite the punditocracy’s narratives to the contrary, the former New Mexico governor has already been taking as much — or *more* – support away from Obama in Colorado as he has been from Romney, according to polls<http://www.publicpolicypolling.com/main/2012/09/obama-up-by-3-in-colorado.html>. And Johnson’s anti-Obama effect could be come much more pronounced in the next few weeks, thanks to how his supporters are deftly leveraging all hoopla around the marijuana initiative to sharpen their candidate’s appeal and message to disaffected Democrats.
This message is not just word-of-mouth anymore; it has been elevated to the big leagues by a new voter outreach campaign. Indeed, a new automated telephone call focused on the pot measure and playing to liberal disappointment is right now hitting Democratic households in Colorado. Here’s what the message says (you can listen to the full audio below):
Hello fellow Democrat. Like you I was thrilled to vote for Barack Obama in 2008. In 2008, candidate Obama promised not to use the Justice Department to prosecute medical marijuana in states where it was legal. But the real Obama did just that, more than doubling prosecutions, putting people in prisons and shutting down medical marijuana facilities in Colorado. That’s not the change you wanted on health freedom. But you can still be a force for hope and change by voting for Gary Johnson.
Though the national media has made the unilateral decision to ignore the massive and destructive Drug War, Johnson and his supporters clearly see the issue as a perfect opening for maximum local — and by virtue of the Electoral College, national — impact. They can make a full-throated libertarian case against the Drug War in a state whose politics are uniquely aligned to convert that argument into an election-winning game-changer for the Republican presidential nominee.
No, if Obamaphiles have any grievance over the Johnson Effect in Colorado, it should be with their candidate. He was the one who needlessly betrayed his own position on the failed drug war, a position that almost certainly got him votes in 2008 from disaffected Republicans and libertarians. He probably made the same calculation as the national media: He probably believed few care about the Drug War or his drug policy reversals, and that the brazen reversals might even win him votes by making him look “tough.”
But, then, every now and again, such cynical calculations can end up being epic miscalculations, especially when it comes to lying to a motivated subset of voters. In that sense, nobody should be surprised that having been betrayed, many of those Democratic-leaning voters who supported Obama in 2008 specifically because of his position on the Drug War may look for an alternative in 2012. The only thing surprising is that thanks to Colorado’s perfect storm, there’s now a very real chance that the alternative could end up changing the entire course of history.