Posts tagged “Drug War

Hey California! Fresno called, they want there pre-1996 marijuana laws back.

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Only in Fresno, I tell ya! Only in Fresno California could the vast amounts of misinformation be seen as evidence to support the passing of an ordinance that prohibits any and all cultivation of  Cannabis. Retroactively handing all cultivation back over to the black market and criminal enterprises. Wait it gets worse! They have also retroactively criminalized the California legal qualified patients themselves through land use and zoning ordinances. Yup that’s right! What the people of California made Legal, Fresno has made Re-illegal!?. They have even found a way to circumvent the due process of law when it comes to qualified medicinal cannabis cultivators.  First they mail them a certified letter threatening to fine you administratively $1000 for every plant on the property. The county’s 15 Day Notice tells the grower they have to remove all plants within 15 days, or face extremely stiff  administrative penalties. In the only 2 cases on record so far, the abatement was done on the same day the individuals were given their 15 Day Notice to abate. does that sound like due process? Wait? Do you feel these fines and levees against you are unjustifiable and unwarranted?  Don worry you can always appeal to the Fresno county board of supervisors and hope they understand that your a legal qualified medical marijuana patient of the state California, and not of Fresno. The Fresno county board of supervisors has implemented such an evasive ordinance that it not only circumvents the true written intent of the (CUA). It circumvents the very constitution of California. 

Well it still gets worse unfortunately. No dispensaries or medicinal cannabis store fronts or collectives allowed either. So they have also retroactively returned all access, or purchases to the criminal enterprises and black market. The only viable options left for the legal medicinal cannabis patients are traveling to other progressive cities and counties within California that does not seem to have regressive leadership or governance. Which in turn puts huge financial and travel burdens upon the medicinal cannabis patients. Or the final and last result, simply move away from there delusional ideals of governance that exist in this time warp called Fresno.  Welcome to my home town people  Where the  boards of supervisors and city councils are the deciding factor and regulator of your health, medicine, and well being over the recommendations of a licensed physician. Where local law enforcement continually suggests that the Drug Cartels and criminal enterprises should have 100% control of all Cannabis grown in Fresno so they can better serve and protect you. Does any of this make sense to you? Welcome to the wild, wild west of Fresno folks, where the dumb folk roam, and the skies are all smoggy all day!

The City and County of Fresno has gone far beyond just banning large illegal commercial cannabis grows in there districts and county. (Those where already illegal ) They have thwarted the the intent of the (CUA) compassion use act of 1996.  Or as its more commonly known and referred to as, Prop 215.  They act as if the law never existed in the first place. Not only trampling on the (CUA)-Prop-215, but the later clarifications of the (MMPA) Medical Marijuana Program Act of 2003. Or as it is more commonly known and referred to as SB-420. Senate Bill-420 was an act of the legislators that helped further clarify and define the guidelines of the (CUA) because Law enforcement in places like FRESNO county were continually arresting qualified legal patients. The actions of these misinformed law enforcement and local governments out right thwarted the intent of the law as written and passed by the voting populous of California.

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No legal cultivation allowed at all. No legal indoor cultivation in the privacy of your own home. No legal outdoor cultivation on the privacy of your own property. No legal dispensaries or store fronts in your own city or county. All through the power of land use and zoning?  But the Fresno county health department will gladly take the peoples money and there doctors recommendation and supply them with a (MMPA) California State Medical Marijuana Card, with a Fresno county health department logo on it.  You can even get your doctors  recommendation directly through the Fresno county health dept. Through one of there licensed physicians.  So the County of Fresno is not only participating in the (MMPA) SB-420, its profiting from the state medical marijuana card program then turning around and telling those qualified patients to access there medicine anywhere but in Fresno? Oh, and good luck out there, I here, it can be pretty shady. Does this make sense to you? Is it legal? I am not lawyer, but I am pretty sure there is some illegal activity taking place here.

you know that old saying? Ignorance of the law is no excuse? Well have you ever considered applying that phrase on those who continually love to throw it in your face. Well the Sheriffs department, Local police department, and Local governments of Fresno are all  guilty of that very thing and are hoping the common voter never discovers that. For if you did, you would find that the only people acting as criminals and tyrannical thugs are the ones wearing the suits, costumes and uniforms of local Law enforcement, City Attorneys, and the elected representatives of Fresno. In my personal opinion it is an outright infringement of not only our California constitutional rights. It is also an outright infringement of  our United States constitutional rights. Now bare in mind, I am no lawyer or law professor. and this is no way to be construed as legal advice.  But I am pretty sure Banning me from access to my medicine recommended by a licensed physician is infringing on my right to “Life”.  Banning me from cultivating my medicine on my own personal property,whether indoors or out is infringing on my my right to “Property” and “Life”. And both of those actions are inherently infringing on my right to “Happiness”. Are you catching on here people ?

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Law enforcement never has and never will want to decriminalize anything. Especially Cannabis. That is one of Law enforcement’s “bread and butter’s” shall we say. More Specifically it is one of Margaret Mimms of the Fresno county Sheriffs departments personal blundered legacies she plans on leaving behind her. It would also appear that the Fresno city chief of police Jerry Dyer seems to be riding her coat tails with exact same nonsense. Margaret Mimms headed up the Marijuana Eradication task force here in Fresno county. Unfortunately her and many other small sheriffs dept statewide have been confusing and arresting qualified legal patients since the passing of prop-215 (CUA). The very Reason SB-420 (MMPA) was drafted and passed in 2003. To further clarify prop-215 (CUA). Either they where confused or ignorant of the law, or they simply didn’t give two flying farts to the wind either which way.  That would put to many good officers on the unemployment line. As if to say needing less police is a bad thing? or focusing those officers attention to more pressing criminal matters is a bad thing. Therefore when they don’t like laws passed by the legislators, or governing bodies they simply ignore them as if they never existed to begin with. Hence the ignorance that billows about the room at these very council and supervisor meetings in regards to the actual law as written. 95% percent of the time the elected representatives only repeat and spew out what is interpreted and handed to them by Law enforcement. Never the actual law as written and defined. that is a serious problem folks. How the (CUA) was written is not the true problem at play here.

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Have any of you ever read the California constitution? Did you know unlike most of the states in the union, here in California the people have the unique ability to pass there own laws through the statewide voter initiative process. Well that is exactly what happened with prop-215 (CUA). it was not law enforcement or the legislators that authored and circulated prop-215. It was the grassroots activists and citizens of California that wrote, circulated, and passed prop-215 (CUA).  Did you know that not even the highest California legislators in the land can change the  laws passed by the voter initiative process? The only way to to change voter initiatives is by another voter proposed initiative. The California constitution states, “what the voters have done, the Legislature cannot undo.” Interesting!? Well if you can not undo it? what do you do if you don’t like it? pretend it does not apply? Or simply imply it was so vaguely written as to allow certain localities to opt out or not participate in way shape or form? NO, it does not work that way. But is that not essentially what Fresno is trying to accomplish here with the passing of this unlawful ordinance? If the Legislator Cannot undo what the voters have done? Neither can the  city and county of Fresno right?  No matter how much they hate it. No matter how vague there interpretation. The legalese, wording and actual intent remain the same and can only be changed by the voters. are you starting to truly understand the malicious hatred and fury this ignites in law enforcement and the governing bodies its controls? This is truly of, for, and by the people governing. something they have no control over. And regardless of  Prop-215 and SB-420′s flaws, We the people should, and shall defend it with dignity and due diligence. regardless of whether or not you like or dislike Cannabis. This not just a game of politics anymore. If the only law Fresno answers to is the laws written of, by and for Fresno? are they circumventing state laws themselves ?  

I would now like to raise some very concerning questions and points of notice in regards to this intrusive unconstitutional ordinance being forced down the unwilling peoples of Fresno’s throats. Question #1 – Could you possibly conceive that the county board of supervisors, or city council representatives in the city in which you reside where the ultimate dictators and regulators of access to you medicine, health and well being, over the recommendation of a licensed physician? Is this an oligarchy or a democratic republic in which we reside? Question #2- Do you Honestly believe that passing this ordinance will curtail the illegal activity and crime associated with cannabis cultivation? Because the sad truth is, your only insuring that all cannabis cultivation is  a criminal act. Including legally qualified medicinal cultivation. Which directly conflicts with the peoples law of California and protections guaranteed by the California constitution.

The plain and simple truth is the only way to insure you lower criminal activity associated with Cannabis is by decriminalizing, legalizing and properly regulating the legal industry which arises. Weather it is strictly a model for only legal qualified medical patients, or a model for outright recreational use for responsible adult consumption. The very reason people steal, kill and commit crimes over or for Cannabis is because of the very laws that prohibit it. And the fact they will fetch a very high price in the illegal black market created by its prohibition. Where the demand never really went away by choice or organic methods.  It was forced out by unnecessary and unjustifiable means.  If  it where Legal, easily accessible and cultivated by everyone in there yards, and  sensibly regulated and controlled it would be easily accessible to all. and you wouldn’t have Criminals jumping fences and killing people over a natural plant. effectively eliminating the intrinsic criminal enterprises and aspects of the failed models of prohibition. Wake up People of Fresno! we do not have to continually stand by while these regressive leaders of our governing bodies are constantly trying to move the progressive needle backwards. We must stand up and be heard. For they will continue to oppress and and trample on anything and everything they deem a NUISANCE.  Remember this point right here! the very reason they hold that much power is because we willingly sent them there to speak for us. Citizens and people of Fresno, Stand up and speak for yourselves!

By: Dustin Frazier Lowery

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Fresno County Banning Cannabis Cultivation.

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Let me start by saying that I have been to my fair Share of County, and City supervisor meetings. Even a few planning commission hearings as well here in Fresno.  The most prominent notion in regards to Medicinal Cannabis that is thrown around is the notion that every single cultivator of Cannabis is a Criminal, or is somehow involved in Criminal activity associated with Cannabis. By either abusing the medicinal cannabis program set in place and not following the guidelines, which they do not seem to want to draft any sensible regulations on behalf of the patients.  Nor do they seem to care, quite frankly. Then there is always Margret Mimms and our local supervisors favorite and most popular line of defense,  Any and every single plant is illegal at the federal level, therefore we have a zero tolerance policy on the basis of all cannabis cultivation is a federal crime. If I had a $100 bucks every time I heard them say “it’s all illegal on the federal level”. I would be wealthy man.

 

Well in no way shape or form should Margret Mimms, or any other California law enforcement officer be enforcing or even suggesting Federal law within the state of California. Let alone a county supervisor. It is the duty of the Sheriff, as well as the district attorney to enforce state laws. The federal Government cannot compel state law enforcement. The Supreme Court has even stated that Congress cannot require state officers to enforce federal law. The court said that  ” the constitution contemplates that a states government will represent and remain accountable to its own citizens.” So when are they going to be held accountable for suggesting we enforce federal law within our states borders, Over the laws passed by the citizens of California?

 

Well I hate to be the bearer of Bad news, (Not Really) But, These are exactly that, nonsensical notions with no factual statistics to support them.  Do not get me wrong though, there are plenty of illegal grows on state and federal property that need eradicating and proper policing. There are also people within the system that do abuse it. You will find that in just about every system though. And yes those are criminals in which I believe deserve the full brunt of law enforcement. What I do not understand is why local law enforcement and county supervisors seem to conveniently confuse, or purposely bunch criminals and qualified patients together. Coincidence? Two birds, one stone. It’s pretty convenient on behalf of the supervisors. They just allow Law enforcement to do what they do best. Policing.  And it allows our county and city supervisors to never have to tackle the tough job of working on sensible regulations that are desperately needed for the Fresno citizens that are LEGAL California Prop-215 and SB-420 medicinal marijuana patients. It’s a win, win,  for everybody but the patients of course.

 

The worst part of it is. That the very criminals you are trying to prevent are the very same people set to make larger profits from the criminal black market, effectively increasing crime. Because you successfully eradicated the patient’s ability to either purchase from a licensed facility, known as a collective or a dispensary. And through this outdoor cultivation ban you are once again going to completely diminish the LEGAL California Prop-215 and SB-420 medicinal marijuana patients ability to produce quality outdoor medicine for themselves on their own property. Prop-215 Patients ability to cultivate their own plants outdoors is crucial to not only greater access, cheaper medicine, better quality, but increased safety as well.

 

Forcing patients to only cultivate indoors is far too expensive for the average patients who are usually on fixed incomes. Most are on disability and cannot cultivate for themselves. Hence the need for Collective grow sites that require larger numbers of plants for those who are disabled and cannot produce their own medicine by their own means or on their own property. We are not just talking about putting a few light bulbs above a few plants in the bath tub. To equal what can be produced outdoors, patients would have to spend upwards of 5000 to 10,000 dollars to produce a room that is up to code and efficient enough to produce what can easily be done by Mother Nature. Not to mention the high amounts of energy consumption that must also be paid annually for each harvest. Along with things like, soil, nutrients, pots, and so many other hidden costs that simply make it ineffective to ban outdoor cultivation. If we want to stay true to the requirements of the compassionate use act, Banning outdoor cultivation is not an effective method of creating greater access for qualified patients. However it is an effective method of avoiding the tough questions and hard work of coming up with sensible regulations for patients, and law enforcement to abide by.  Thus making it easier to identify the criminals.

 

So what? We are all just simply criminals now, and should all be treated as such?  That is not very compassionate. I think it is important to note the actual name of Prop-215, the Compassionate use act of 1996. That is why I am writing this today. That is why I am going to read this very post before the Fresno county board of supervisors today. Compassion! I do it for the patients who can’t raise their voices in opposition here today. I do it for the patients that I have personally witnessed amazing life altering changes thanks to cannabis. I am here because I take great pride and solace in seeing the Joy cannabis brings to those who are bright enough to look past the lies and see the truth for themselves. And that is what I ask all of you here today to please consider today,  Have some compassion and some consideration for those that you are so blindly throwing out along with the bath water.

 


Medicinal Cannabis Patient skit


The Patients speak out @ Obama MMJ protest / Save Harborside Rally


Jason David speaks at the Obama MMJ prtotest / Save Harborside rally


Pot 5 Reasons: Cannabis Should Be Legal Part 2

In Part One, we discussed both the criminal and financial reasons why we should legalize cannabis. We talked about how the current marijuana trade is the largest income maker for the black market. We theorized that legalization would take the profits away from the underground and create jobs in the private sector.

For our final three reasons, we take our view away from the broad picture and focus on the individual. Here we will look at the trees from the forest and discover a couple of logical reasons why every adult should have his option of choice. We look at the civil rights of not only the persons but also at the life of a plant. Can you guess which one?

Pot Three Reasons Why Marijuana Should Be Legal

#3 Cannabis Is Our Beer

“I like to smoke my beer” – Overheard at a party

I’ve heard the above quote a couple times and the reasoning is sound. Some of us don’t care for alcohol. Sure, they may drink from time to time but they prefer green nuggets to amber hops. These are people who would rather opt for a recreational release that leaves no hang over or damage to their liver. And it should be their civil right to do so.

For the ardent prohibitionist among us, who think that Cannabis is a drug and Alcohol is alright if not consumed whilst driving, I have one question. How many Families do you know that have been torn apart by marijuana? Personally I don’t know one.

However Alcohol abuse has ruined many families. AA meetings are filled with down and out stories from the bottom of a bottle. It’s no wonder that you don’t hear of Marijuana Anonymous very often.

#2 Cannabis is Preemptive Medication

There are numerous studies printed in numerous periodicals that speak of the medical benefits of marijuana. Don’t take my word for it, go out and read a couple for yourself. You will learn that not only is cannabis a helpful medication for treating a number of aliments, from inflammation to MS, promising preliminary studies show that marijuana may prevent and even cure many types of cancer.

I know at the beginning, I started out by saying that we are not here to talk about Marijuana as a medicine. And we aren’t. However, we are talking about preventative medication. In a Medical Marijuana environment, a sick patient is allowed to use cannabis as medication. Yet, a non-sick person is only allowed the medication available at the local pharmacy.

Therefore in a Medical Marijuana environment, a person needs to get sick before he can use the medication that might have prevented the sickness. Legalization would ensure that all adults would have access to both over the counter medication and medical marijuana, cannabis, or dabs.

Having said that, my mission is not to force you to a believe that Cannabis is some kind of super medicine, you can believe whatever you want. My mission is to be the owner of my own destiny. I smoke tobacco and my belief is that a cannabis regiment counteracts some of the negative effects of smoking tobacco. I feel there is enough proof out there that supports my theory. If you think that is pure poppy cock, that is O.K.

My point is we live in America, land of the free. We are free to believe all kinds of crazy ideas. If one persons belief has no negative impact on others, then they should be able to practice their belief.

And now for the #1 reason why Marijuana legalization is logical…

#1 Cannabis is a Plant!

Aren’t we killing enough plants through deforestation of the planet? Through the loss of our rain forests, fraking, and mountain top excavation, how many species of plants have we lost? Yet here we go again and place another of “God’s” creations upon the alter of extinction. To paraphrase the big man with a tan, “Our reasoning is illogical!”- Spock, Star Trek.

Hemp, marijuana, cannabis, it’s all boring old plant life. Yet in this fast paced “advanced” time, cannabis continues to foster a rather impressive sub-culture of arm-chair botanists. Americans, your neighbors, peace loving, hell even red, white, and blue loving Americans care about a plant. This public, who we always assume is wired up, spoon fed mass media and zombied out on gadgets galore, shows interest in botany and we want to stop this?

Though amateurs aren’t the only ones effected by legalization of marijuana. Hemp can grow in all 50 states and, according to Jack Herer’s “The Emperor Wears No Cloths“, hemp reinvigorates top soil. So for plants like tobacco that can only be grown so many times in one area, hemp can be used in rotating crops to keep our top soil producing all sorts of plant life.

And We didn’t even mention that hemp can be used to make rope, clothing and, hell even, bio diesel. The current problem with Ethanol is that it takes too much corn to produce enough quantity. If only we had a plant that can grow anywhere in a quick amount of time… Well we might know of a plant out there that may solve this problem.

Now go make sure your friends know about that sweet girl, Mary Jane.

Cannabis Wrap Up!


There you go, my Pot 5 Reasons: Marijuana should be legal are down in the books. We need cannabis legalization to end the terror and violence of the black market, to gain the employment of our fellow countrymen for a way that benefits society, because Cannabis is our Beer, and marijuana is our preemptive medicine. Yet most of all we NEED legalization because Hemp is a plant.

In these times near the “end of oil” and maybe even sustainable drinking water, we must remember that we require all the plant life we can get.

There are my Pot 5 Reasons: Cannabis should be legal, what are yours?
Leave a comment and let us know.

Join us next time: Pot 5 Reasons: TBA


Paul Armentano – Legal panel – SF – High Times Medical cannabis Cup


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