Archive for September 2013

State of Washington vs William Kurtz: Huge Win for Medical Cannabis in Washington State

Washington_State_seal_web_ready_color_for_educational_use_only

By John Novak

The Washington State Supreme Court announced on Thursday, September 19th, 2013 of it’s 5-4 decision to allow people that choose cannabis to present a common law medical necessity defense along with the protections of the medical cannabis act.

This means that a new trial will have to begin if prosecutors on the case want any chance of a conviction on William Kurtz, a wheelchair bound medical cannabis patient with multiple sclerosis.  This was a huge win for the defense as it is extremely unlikely any jury would convict him at this point under the terms of this ruling.

He was originally found guilty in the 2010 trial, but only because the court stripped him of his right to assert medical defenses to the jury.

The decision was a huge win for patients in many ways and here is my opinion of it.  Read it for yourself and tell me if you disagree.

  • It was recognized that medical patients and their providers under the Medical Cannabis Act (RCW 69.51a) who are in compliance with the regulations have full criminal arrest, prosecution and asset forfeiture protection.
  • A state search warrant can not be issued based on cannabis without evidence that the person is outside of the regulations of the Medical Cannabis Act.
  • Patients with a legitimate medical condition can assert a Common Law Medical Necessity defense if they have a legitimate medical condition and are outside of the regulations of the Medical Cannabis Act, similar to how patients under the Medical Cannabis Act were for years only protected by a very weak affirmative defense, meaning you will have to prove it in court.
  • The Common Law Medical Necessity defense is found to be consistent with constitutional, federal and state laws.
  • The State of Washington by vote of the people, by statutes passed by our state Legislators and by the Courts all find that cannabis does, in fact, have medical value, and it’s continued placement as a Schedule One Controlled Substance is only to satisfy politics, not reality.
  • That the benefits of personal cannabis cultivation for its legitimate medical use of cannabis outweighs all perceived harms to society.
  • The Common Law Medical Defense can be used for a much larger variety of medical uses than the small number protected under the Medical Cannabis Act. PTSD is the first that comes to mind.
  • That ANY attempt to remove these rights from patients or placing financial barriers on access by Legislators and Law Enforcement will now be easily seen as purely political and financially motivated, not based in Humanitarian Compassion, a principle foundation upon which these laws exist.

In theory, this makes Washington State the world leader in medical cannabis laws designed to protect patients from arrest and prosecution without forcing people into a registered database, treating us like sex offenders.  Every state with a patient registry has been compromised and used to target individuals, even those in compliance with state laws.

Thank you, William Kurtz and his legal representatives. And most especially, thank you, Washington State Supreme Court for your historic 5-4 decision.  It is a big step in the right direction.

We as patients must not let the state take us back in time and force large numbers of people or their providers to be dragged though the court system for growing their own medicine as nature intended.

State vs Kurtz Appeal 09192013 by 420leaks

The Re-emerging Legal Cannabis Market: It’s Not as New as You Might Think

cannabisbottles

Researched by John Novak

People are saying that there has never been a commercial market for cannabis in the USA.  Washington State and Colorado are claiming to be the first in the world to bring this plant to market.

I don’t know why they keep saying this because it just is not true.  You have to go back a bit in time, but not that far to see that growing cannabis for it’s drug value and the ability to sell it retail is not new.

A great source of historical information is at http://antiquecannabisbook.com/

Here’s more proof directly from t:he US Department of Agriculture where it is obvious they are not talking about industrial hemp!

U.S. Department of Agriculture
Farmers’ Bulletin No. 663
Drug Plants Under Cultivation
Washington, D.C.
Issued June, 1915
Revised April, 1927
U.S. Government Printing Office: 1929

 By W. W. Stockberger, Senior Physiologist in Charge, Drug, Poisonous, and Oil Plants, Bureau of Plant Industry

From the section titled, “THE CULTIVATION AND HANDLING OF DRUG PLANTS”, pp. 16-17.

 CANNABIS

 The drug cannabis (Cannabis sativa) consists of the dried flowering tops of the female plants. The plant grows well over a considerable portion of the United States, but the production of the active principle is believed to be favored by a warm climate. For drug purposes, therefore, this crop appears to be adapted to the Southern rather than to the Northern States.

Cannabis is propagated from seeds, which should be planted in the spring as soon as conditions are suitable, in well-prepared sandy or clayey loam, at a depth of about an inch in rows 5 or 6 feet apart. The seeds may be dropped every 2 or 3 inches in the row or planted in hills about a foot apart in the row, 6 to 10 seeds being dropped into each hill. Two or three pounds of seed per acre should give a good stand. About half the seeds will produce male plants, which must be removed before their flowers mature, otherwise, the female plants will set seed, thereby diminishing their value as a drug. The male plants can be recognized with certainty only by the presence of stamens in their flowers.

Ordinary stable or barnyard manure plowed in deeply is better for use as a fertilizer than commercial preparations and may be safely applied at the rate of 20 tons per acre. Good results may be obtained, however, with commercial fertilizers, such as are used for truck crops and potatoes, when cultivated in between the rows at the rate of 500 or 600 pounds per acre.

When the female plants reach maturity a sticky resin forms on the heavy, compact flower clusters, and harvesting may then be begun. The tops of the plants comprising the flower clusters are cut and carefully dried in the shade to preserve the green color as far as possible. Drying can best be done, especially in damp weather, by the use of artificial heat, not to exceed 140° F.

For several years cannabis of standard (U.S.P.) quality has been grown on a commercial scale in this country, chiefly in South Carolina and Virginia. After the flowering tops are harvested they are thoroughly dried under cover, then worked over by hand, and all the stems and large foliage leaves removed. This process gives a drug of high quality but greatly reduces the net or marketable yield per acre, which usually ranges from 350 to 400 pounds. Some growers do not remove the stems and leaves, thus increasing the acreage yield but reducing the market value of their product. The quality of cannabis can be determined only by special laboratory tests, which most dealers are not equipped to make; and consequently, they are usually unwilling to pay growers as high prices as they would if the low-grade cannabis were kept off the market.

The market price in January, 1927, for domestic cannabis (U.S.P.) was 23 to 33 cents a pound.

The National Cancer Institute also reports the following on their webpage at http://www.cancer.gov/cancertopics/pdq/cam/cannabis/healthprofessional/page3

History

Cannabis use for medicinal purposes dates back at least 3,000 years.[1-5] It was introduced into Western medicine in the 1840s by W.B. O’Shaughnessy, a surgeon who learned of its medicinal properties while working in India for the British East Indies Company. Its use was promoted for reported analgesic, sedative, anti-inflammatory, antispasmodic, and anticonvulsant effects.

In 1937, the U.S. Treasury Department introduced the Marihuana Tax Act. This Act imposed a levy of $1 per ounce for medicinal use of Cannabis and $100 per ounce for recreational use. Physicians in the United States were the principal opponents of the Act. The American Medical Association (AMA) opposed the Act because physicians were required to pay a special tax for prescribing Cannabis, use special order forms to procure it, and keep special records concerning its professional use. In addition, the AMA believed that objective evidence that Cannabis was harmful was lacking and that passage of the Act would impede further research into its medicinal worth.[6] In 1942, Cannabis was removed from the U.S. Pharmacopoeia because of persistent concerns about its potential to cause harm.[2,3]

In 1951, Congress passed the Boggs Act, which for the first time, included Cannabis with narcotic drugs. In 1970, with the passage of the Controlled Substances Act, marijuana was classified as a Schedule I drug. Drugs in this category are distinguished as having no accepted medicinal use. Other Schedule I substances include heroin, LSD, mescaline, methaqualone, and gamma-hydroxybutyrate.

Despite its designation as having no medicinal use, Cannabis was distributed to patients by the U.S. government on a case-by-case basis under the Compassionate Use Investigational New Drug program established in 1978. Distribution of Cannabis through this program was discontinued in 1992.[1-4] Although federal law prohibits the use of Cannabis, the table below lists the localities that permit its use for certain medical conditions.

MOMS FOR MARIJUANA PRESS CONFERENCE – The Fight for Lilly Fisher

FIGHT4LILLY

MOMS FOR MARIJUANA

PRESS CONFERENCE SCHEDULED  - The Fight for Lilly Fisher

FOR IMMEDIATE RELEASE

Serra Frank, the Founding Executive Director of Moms for Marijuana International, will be hosting a press conference with her partner, Billy Fisher, on October 3, 2013 in front of the Spokane County Court House.

This press conference is to bring awareness about the nationwide issue with CPS and Cannabis Consuming parents, and focus on the local issue regarding the fight for Billy’s daughter, Lilly Fisher, in Washington State.

Billy is currently fighting CPS for custody of his daughter after begging for help to save her from an extremely unsafe situation. CPS refuses to give custody to Billy and cite their primary concern to be his use of marijuana as medicine, and now are focusing upon his newly found Activism.

Billy has a Revision hearing at 1:30 pm on that day, to request the Superior Court to revise Spokane Family Law Commissioner Jolicoeur’s recent order that demands that Billy quit using Medical Marijuana for his Degenerative Disc Disease while submitting to inpatient treatment for Cannabis Dependency for 30 days, as well as random UAs during 2 years of after care.

Washington Law, RCW 69.51A.120, protects Billy Fisher’s parental rights as a medical marijuana patient in compliance with that chapter. Commissioner Jolicoeur is ignoring Washington State Law, and forcing Billy Fisher to forgo due process and his parental rights in order to obtain custody of his baby girl from State dependency.

Billy’s little girl was NEVER taken from him, and he has done NOTHING wrong that would justify the commissioner’s ruling, much less the threat of permanent adoption of his baby if he does not comply.

CPS policy regarding Marijuana use is illogically based on the assumption of harm, from a drug and a plant that cannot harm anyone. It is unethical, to force anyone to stop a medical treatment that is working, and go back to one that has already failed… just to be allowed to be a parent.

And it is irrational to insist that Billy be locked up for inpatient rehab for his MEDICINE, especially in a state where citizens just voted to STOP LOCKING PEOPLE UP FOR MARIJUANA.

Please join us in support of our founder Serra Frank, Billy Fisher and The Fight for Lilly Fisher.

Rally starts at 11:00am, with press conference starting at 11:30am – on Thursday October 3, 2013 – directly in front of the Spokane County Court House.

Bring a sign, an empty stroller or car seat, or just your warm body and help rally in support.

Everyone is welcome to stick around for the hearing at 1:30pm in the presence of the honorable John Cooney.

If you cannot join us in person, please call the court house, email, or fax your thoughts to the Presiding Judge in this case.

Phone: (509) 477-2211
(509) 477-5784
Fax: (509) 477-2251
Email: familylaw@spokanecounty.org

Re: William Fisher & Jerah Mia Martin (Lilly Fisher)

Learn more about the Fight for Lilly Fisher at www.facebook.com/fight4lilly

You can help fund an attorney for Billy & Lilly by donating at this link ——->https://www.wepay.com/donations/the-fight-for-lilly-fisher

Thank you for your support! ♥

 

FIGHT4LILLY2

Who are the real 99% Fakers? It’s Not the Medical Users

Washington_State_seal_web_ready_color_for_educational_use_only

Government Accountability & Oversight

RE: HEARING I-502, MEDICAL CANNABIS

By John Worthington

Hello Committee Members,

After watching the September 10, 2013 kangaroo court on I-502 and medical marijuana I feel compelled to retort. First of all I think that any committee meeting regarding marijuana that is chaired by a cop is 99 percent fake. Rep. Christopher Hurst (heretofore Officer Hurst) proved my point when he openly wished people would not use the I-502 model because the stigma of legalization would be over.

Officer Hurst has a problem holding back how he really feels about cannabis. He claims he supports the will of the people yet he openly talks about how he wishes people would not participate in the process. Officer Hurst should not be involved with this process and as long as he is the process will be 99 percent fake.

As far as the rest of the I-502 portion of the hearing went, it was chock full of proof that the current I-502 model will go broke trying to pay for all of the overhead that will be pushed upon the process. Officer Hurst went on to say that many of these recreational cannabis businesses will go under using the Colorado cannabis model as an example.

The LCB has also made similar comments yet there has been no effort to trim down expenses and create a profitable business concept. In addition, the I-502 hearing also proved it was 99 percent fake due to the lack of participation by interested cannabis parties. You heard from everyone except the genuine cannabis users.

A hearing or working group without all the stakeholders is 99 percent fake and an affront to the true democratic process. Officer Hurst is now well known for his inability to handle dissenting opinion and his continued involvement with cannabis issues will continue to relegate the process to being 99 percent fake.

The medical cannabis portion of the hearing was even more of a joke. Officer Hurst throws out the comment that all medical cannabis is 99 percent fake. “But don’t get me wrong he says”. Officer Hurst supports medical cannabis. Officer Hurst supports medical cannabis so much, he wants them all to get their medical marijuana from a process he himself admits will go under.

Sorry Officer Hurst you are wrong, you don’t support medical cannabis. You support medical cannabis users getting medical cannabis from a process you do not expect to survive. Talk about 99 percent fake.

Furthermore you have never understood anything about medical cannabis and the desired components of cannabis that most medical users seek, which is CBD and CBN. These components have beneficial medical qualities and your “broke on arrival” I-502 model provides no access to the most important medical qualities of cannabis.

Of course the stakeholders you invited to your 99 percent fake hearing process failed to point this out. In fact, the people you did invite underscore the political process in Washington State. Kristi Weeks was there to give the hearing panel what John Lane wanted the panel to hear not to talk about CBD or CBN or the lack of availability for those products in the I-502 model.

The rule making process in this state is a sham. All of the government agencies take the real rule making from the Governors policy office. The state agencies can’t tie their shoes without being told how to tie them by the Governor’s policy office.

This was proven when the Department of Health was tasked with determining a 60 day supply of cannabis in SB 6032,and the LCB rulemaking in I-502 has been no different. The LCB has the same puppet strings attached to it as the DOH.

Those strings go straight to John Lane at the Governors policy office. With such command and control over rule making, the governor’s office can undermine the process at will and develop rule making outside the realm of the Open Public Meetings act.

Here in Washington State the rule making is all done behind closed doors or in chain and serial emails, something that was supposed to be illegal in Washington State according to the Washington State Supreme Court case law. What little open public meetings there are is nothing more than a dog and pony show for the public.

From what I have seen the rule making process in Washington State is also 99 percent fake. The Governor, law enforcement lobbyists WAPA,WASPC, treatment industry lobbyists, banking officials, and a few sell outs from the cannabis movement (Phil Wyatt, Lonnie Johns Brown, Ezra Eickmeyer, John Davis, Muraco, Jeff Gilmore), all huddle in the back room to determine what will really happen.

It is sickening to continue watching the corrupt and 99 percent fake political process in Washington State. The most I can hope for is to reach the interested public that happens to watch TVW, not to actually influence what I already know happens behind closed doors.

My message and plea to all of the legislators that want revenue from cannabis industries, is to take back the process by wrestling it from Officer Hurst and the Governor’s office. The I-502 model cannot sustain itself and will become insolvent unless changes are made to it legislatively.

First and foremost the 25 percent tax at all phases must be reduced for the sake of I-502. Every person that has been looking at the I-502 concept knows it will not work with a tax structure that high.

Second, if you want medical cannabis patients to use the I-502 model the taxes must be reduced and the CBD and CBN products must be sold.

Third, do not wait for the banking laws to change. De-schedule cannabis and take it out of schedule on on a state level and trigger de-scheduling on a federal level. This will remove the criminal penalties from Cannabis and allow banking to be done.

A fourth option would be to eliminate the distribution part of I-502 and create an enabling process that allows people to grow their own cannabis in commercial p-patch zones that remove the process from the neighborhoods so the process can be profitable thanks to commercial power rates. These processes can charge for the power, the dirt, the pots, the fertilizers, and not run afoul of federal laws because there is no actual distribution system.

These are suggestions to make I-502 or medical cannabis work for revenue purposes made by a cannabis user with genuine belief that cannabis industries should be a part of our economic process. This suggestion is not a 99 percent fake belief put forward by an entity that has a vested economic interest in the continuation of prohibition, like Officer Hurst and the Governors office.

 

Watch the hearing here

The “Reconciliation of Medical Cannabis”, Sponsored by Rep. Hurst and Friends

Washington State Rep. Chris Hurst, former drug cop

Rep. Christopher Hurst held a hearing today in Olympia on Medical Cannabis and I-502.  He called it the “Reconciliation”.  In other words, they are closing it down. For those out there claiming we are being fear mongers, go listen for yourself what the Prohibition Industrial Complex has in mind. We fast forwarded it for you all, but the whole thing is worth listening to.

Rep. Hurst shows that he is still all about protecting police jobs and the prison industrial complex over rational policies on cannabis.  His background includes Police Chief of Black Diamond (a town that wants to declare a moratorium on medical collectives) and drug task force teams that all rely on Federal grants that target cannabis.

I-502 was a Trojan Horse, designed to take out medical cannabis. Even the bankers in an earlier part at this hearing said that it was policy driven, not actually intended to work.

http://tvw.org/index.php?option=com_tvwplayer&eventID=2013091005#start=7807

So now all the medical patients are direct enemy #1. Well, 99% of us, anyways.

And they call us paranoid? Why are they so afraid of a bunch of sick people?

Notice how there was a complete lack of anyone from the Medical Cannabis Community there to speak out against the lies being tossed around.

Notice how not a single one of them laid any blame on the politicians who have kept Medical Cannabis in this perpetual state of being unregulated and unlicensed?

You see, it’s all the sick people’s fault.  They are all fakers, right?  So what does it matter.  Especially the ones with pain.  The solution?  Lock ‘em up!  Useless eaters!

How can people even to begin to feel good about themselves for stripping away the dignity, humanity and basic rights of another individual that is causing them no harm?

Just because you are paranoid doesn’t mean they aren’t coming after you. In fact, the drug war has now become even bigger than the War on Terror…

Drug Agents Use Vast Phone Trove, Eclipsing N.S.A.’s
By SCOTT SHANE and COLIN MOYNIHAN
Published: September 1, 2013
New York Times
http://www.nytimes.com/2013/09/02/us/drug-agents-use-vast-phone-trove-eclipsing-nsas.html

All this…over a plant that the US Department of Health and Human Services owns the patent on, for…

You won’t believe us if when we tell you.

Seriously… anti-aging, anti-oxidant and rebuilding brain cells.

Yes.  You read that right.  One hand of government lies and arrests you for medical purposes while the other hand patents the medical purposes.

US Patent 6,630,507  Cannabinoids as Antioxidants and Neuroprotectants
Awarded to the US Department of Health and Human Services in 2003.

“Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer’s disease, Parkinson’s disease and HIV dementia.
 

California and U.S. OfficialsConspired to Block Prop 215 by 420leaks

 

How the DEA Allows Cops to Get Around State Cannabis Laws by 420leaks