Wonder how local law enforcement can selectively enforce criminal activity and bypass state drug laws to allow corrupt individuals to get what amounts to more rights than those who obey the law, without any penalty to the officer or the criminals?
For instance, in Washington State, there is no penalty for not determining whether a person is compliant with the medical use chapter, so the law enforcement officer, usually on a local state drug task force team, seizes the cannabis even though RCW 69.51A.040 requires a threshold determination on whether they are compliant or not compliant with the medical marijuana chapter (which still exists) before the plants are seized:
Multi-jurisdictional Drug Task Force and local law enforcment have routinely violated this state statute because the statute contains no state penal or financial penalty provision. A Multi-jurisdictional officer is both a state and federal law enforcement officer, who has no penalty for ignoring state cannabis and other laws… https://www.gpo.gov/fdsys/granule/FR-1997-10-08/97-26660
Their number one tool is the use of criminal informants, which can be a lucrative way for greedy individual’s to take advantage of people using a social, mild psychoactive substance. Especially disadvantaged patients, young and new consumers. You just infiltrate the consumer and grower groups online and smoke pot with them for awhile to gain your trust. Think you are immune to that kind of manipulation over time, maybe even years, especially with them using modernized surveillance technology?
Good guidance checklist for future legislative proposals if you can’t convince your state legislators to remove cannabis from your state’s controlled substances act, and you can’t raise enough funds to get an initiative to do it, or file a lawsuit:
1. Set reasonable boundaries for ultimate user possession amounts on plant counts or plant canopy for all adults, respective of established common home horticultural practices for personal use. If you don’t know what an ultimate user is, you should. See comments below. Do it openly and allow ALL stakeholders to participate in the process. Limit home production of concentrates to noncombustable methods. Patient limits should be established by their health care providers as needed to treat their own condition(s) if a minor or if adult limits are not enough.
2. Make sure your limits in the seizures and forfeiture statute are triggered when over the legal possession statute limits, for both individuals and state licensed businesses. A forfeiture limit that is less than the legal amount is a potential for law enforcement abuse with the word of a corrupt paid informant when there is no penalty for their action. Any limit that is lower risks people to losing out to police working with corrupt, paid informants. Any exemption, or promise of a hearing is easily rendered useless without hiring expensive legal help. Especially when they don’t notify you when getting a search warrant from a judge without you being able to face your accusers.
3. Do not create new seizure and forfeiture hearings specifically for cannabis. Set reasonable penalties on state law enforcement officers that are ignoring state cannabis laws instead. Don’t make it easy for prohibition minded federal and state prosecutors that work with the Multi-jurisdictional teams. It creates a mess of counties all running different precedents across the state. With all these and other law enforcement loopholes, it becomes easy to delay or set up otherwise innocent people who don’t know their rights. The main issue is the failure include the penalty on officers failing to follow state law back when the law was first created.
4. Do not create laws that criminalize someone for a good harvest, or for accidental or even intentional seeding of the crop. And don’t penalize the kids beyond confiscating it and offering treatment or education instead of incarceration!
5. De-monetize corrupt paid informants by eliminating financial rewards if amounts seized is not more than personal holding limits, with severe repercussions for targeting patients.
6. Prioritize all commercial industry access around a process similar to organic that reflects established cannabis consumer habits, employs a “get to know your grower” attitude, including opportunities to “try before you buy” quality assurance standard. No more plastic containers, please!
7. Don’t make patient access to doctors, products or plants any more complicated than it needs to be. Patients are already suffering enough. Make it tax free, easy and safely available over the counter in privacy with nothing more than a prescription like document for minors to be able to posses and use, or allow for personal adult plant and possession limits to be increased if medically necessary.
8. Be respective of the connoisseur and social and relaxation qualities for adult uses, including gifting of cannabis plants, seeds and clones in a manner that beer and wine connoisseurs, specialized crafters and home gardeners currently enjoy.
9. Allow for the population to voluntarily participate in medical and scientific study on the plant and all its uses and potential so it complies with the spirit of international drug treaties the Controlled Substances Acts were modeled on.
10. Run separate legislation for greater reform for the entire seizure and forfeiture process. The issue is much bigger than just cannabis. Same thing for reforming, if not completely disbanding the multi-jurisdiction drug task forces.
11. Industrial hemp should be exempted from controls so it complies with the spirit of those treaties as well.
12. NO MORE MONOPOLY SCHEMES
We should not be having to jump through hoops like this for our constitutional right to a plant! If you disagree with any point here, all I ask is tell me what part specifically, be ready to back up your objections with facts and cite your reasons clearly, please!
Why do I and others make this issue so personal? How would you feel when a so called friend was secretly setting you up for their own financial gain or personal glory?
Would you let it go, or try your hardest to make sure it doesn’t happen again when real people are forced to pay the price for bad legislation?
What is an “Ultimate User” and are they required to register?
Federal law at
21 U.S. Code § 802 – Definitions
“(27) The term “ultimate user” means a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or by a member of his household.” https://www.law.cornell.edu/uscode/text/21/802
In WA State law:
“(uu) “Ultimate user” means an individual who lawfully possesses a controlled substance for the individual’s own use or for the use of a member of the individual’s household or for administering to an animal owned by the individual or by a member of the individual’s household.”http://app.leg.wa.gov/rcw/default.aspx?cite=69.50.101
(c) The following persons need |not register and may lawfully possess controlled substances under this chapter:
(3) AN ULTIMATE USER or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a substance included in Schedule V. (Caps mine for emphasis)https://app.leg.wa.gov/rcw/default.aspx?cite=69.50.302