Tuesday, November 30, 2010

Casper Leitch's Time4Hemp on Religious Freedom

Casper Leitch's great radio show, Time4Hemp, did an interview with Nathan Lester from the THC Ministry that was broadcast on American Freedom Radio on Monday, November 29, 2010.  If you care about our constitutional freedom of religion it's a show you don't want to miss.  Learn how to pray and heal with hemp...the marijuana solution.



Thursday, November 25, 2010

Question for today: Where does it stop?


"If it's not a priority, it's not going to get fixed." John Bolton, former Ambassador to the U.N.

What else is it going to take to change the US from sheeple to We The People?

Let's make wisdom and freedom priorities. End hemp prohibition. Declare victory and stop the war on drugs.

Monday, November 1, 2010

Beautiful Activist Dies! (RIP MICHELLE RAINEY)


Rest in Hemped Joy Michelle Rainey - Well Done!

Willie Nelson and Insects Vs. Robots - "On the Road Again"


Willie Nelson joins Insects Vs. Robots on stage at Buddha Fest 2010 in Los Angeles to perform "On the Road Again." Buddha Fest 2010 was held on October 21, 2010, and was a musical and educational event for awareness of CA Prop 19, which will be voted on November 2, 2010, and seeks to regulate and tax cannabis.

For more on BuddhaFest visit www.buddhafest.com

Peak oil and hemp rant

Snoop Dogg & Willie Nelson A'dam 08 HIGH QUALITY SoundVision

Monday, October 18, 2010

Time4Hemp calls out the Attorney General to come on the show



The full series of this show is posted on YouTube and the remaining segments at the end of this article.

I'm tired of change that has us running in a circle.  I want us to move, using hemp as an empowerment tool, from change to cash, real greenback cash.  How to use hemp as a financial empowerment tool is found in the book by Richard M. Davis, USA Hemp Museum ,  HEMP FOR VICTORY: THE TRILLION DOLLAR CROP.  

Hemp hero Casper Leitch did an extraordinary edition of his groundbreaking show Time4Hemp   last weekend. 

Casper is nominated for Outstanding Hemp Awareness in Radio at this weekend's JACK HERER AWARDS 2010, part of the evolutionary marijuana party of the century, Buddhafest  .

Casper began his career working for the great Jack Herer, who helped him get Time4Hemp going in early 1990.  Casper is one of those hemp activists who has a huge portion of his adult life invested in his griot level tale of the end of hemp prohibition.  His guest list from over the decades is the ultimate Who’s Who in the marijuana legalization movement.  If you or someone you know can donate to the show, Casper should be at BuddhaFest this weekend, this century’s Hemp Woodstock – held in Los Angeles Saturday, October 23, 2010. 

The show from last weekend was the first of its kind for Time4Hemp.  It's a commercial free 2 hours pure talk radio special broadcast on American Freedom Radio featuring a fundraiser for Marc and Jodie Emery, that helped raise thousands of dollars. 

Another evolutionary thing Casper did on the show was call out Attorney General Eric Holder, to come live and explain the war on drugs. Holder should listen and take Casper up on his offer by going on Time4Hemp, it's just a phone call.   

If you or someone you know has a line to the Attorney General, please use it to have him appear on this respected series with an audience that exceeds a million people. 

Casper, for my money, is one of the best  journalists ever.  He had the courage to step off the media plantation.  His show is a strong platform for the government to either explain itself or, more likely, change it's policy and stop the war on drugs..."a total failure."

'the war on drugs is a total failure.'  I was dancing with joy as Casper spoke those revolutionary words.  Anyone who has ever seen me dance know how outrageous I can be (though not as good as I was 30 years ago - my outrageous spirit is still there).

This show's rebroadcast is posted on YouTube as an 8 part webeo and I highly recommend experiencing it as an empowerment too for marijuana activists everywhere.  As Casper's Time4Hemp continues to pull the great minds together, politicians, the homeless, in prison, widowed or dying hemp activist and others committed to doing the right thing, the mastermind alliance to solve the problem of hemp prohibition is in process, and running through Time4Hemp's microphone & cameras.

Donate if you can to free Marc Emery and/or help other innocent people suffering from the war on drugs. Time4Hemp and American Freedom Radio can also use your financial as well as listening support.

Consistent, great live programming is found on Time4Hemp - airs Monday to Friday 11 P.M. Central Time on the American Freedom Radio Network. Check it out.


Time 4 Hemp: Free Marc Emery 2/8


Time 4 Hemp: Free Marc Emery 3/8


Time 4 Hemp: Free Marc Emery 4/8


Time 4 Hemp: Free Marc Emery 5/8


Time 4 Hemp: Free Marc Emery 6/8


Time 4 Hemp: Free Marc Emery 7/8


Time 4 Hemp: Free Marc Emery 8/8














Saturday, October 16, 2010

Live Saturday Night Special For Marc Emery On Time4Hemp



USA Hemp Museum invites you to listen to tonight's historic TIME4HEMP broadcast of Casper Leitch's LIVE SATURDAY NIGHT SPECIAL FOR MARC EMERY!!!!! This hip, hot, hemp show regularly airs Monday through Friday, 11PM CT.  Tonight's Saturday Night Special, the first of its kind in the program's almost 20 years of broadcasting, promises to be powerful entertainment, information and with your help, financially empowering to FREE MARC EMERY.

Time 4 Hemp and American Freedom Radio are broadcasting this special to help Marc get out of a US jail cell where he is serving time for selling seeds. On tonight's two hour Time4Hemp broadcast, some of Marc and Jodie's friends along with a few leaders of the Marijuana Movement will be making surprise appearances on this program.

The great hemp publication  Cannabis Culture is doing a Money-Bomb for Marc and his wife Jodie today.  Fighting the system is extremely expensive and money is the only tool useful in this stage of their battle in the failed war on drugs. Please go to their website and donate to help bring marijuana activist Marc Emery home to Canada. They've already received $5716.70 in advance donations and could use your support too!


http://www.cannabisculture.com/v2/content/2010/10/14/Free-Marc-Moneybomb-Legal-Fundraiser-Donation-Tracker


Invite your family and friends over tonight for a FREE MARC EMERY HEMP LIBERATION PARTY, and/or tell them wherever they are on the web tonight to listen in, donate and comment on this historic broadcast of TIME4HEMP. 11 p.m. to 1 a.m. CT on www.americanfreedomradio.com

Monday, October 11, 2010

Buddhafest - Saturday - October 23rd, 2010



The hemp event of the year is happening in Los Angeles, Saturday, October 23, 2010.

Monday, October 4, 2010

Marc Emery gets 5 years in prison for selling seeds

CBC News - British Columbia - Marc Emery gets 5 years in prison

The US justice system is officially shattered on even an international level with the wrongful imprisonment of the dynamic hemp hero Marc Emery for selling hemp seeds from Canada.

Free Marc Emery and all hemp political prisoners.

Sunday, October 3, 2010

Are You A Fan of Peter McWilliams?

The late Peter McWilliams
Publisher, Author, Hemp Hero


Are you a fan of Peter McWilliams? If so, Julia would love to hear from you. She has taken on the task of making sure the rest of the world knows of the dynamic work this hemp hero has done. 

Here at the USA Hemp Museum, the founder and curator, Richard M. Davis dedicated the second book in his Hemp For Victory series, The Wonder Herb to a man known as the patron saint of self publishing and author of many books, including the one that probably got him killed by court order, AIN'T NOBODY'S BUSINESS IF YOU DO.

Julia writes:

"Peter has helped change my mind, heart and life so much that I want to help the world to remember and discover him. So, I’ve created some online sites where you can befriend other Peter fans, write your own reviews, post comments, or just read & learn more about this amazing person who deserves to be remembered!

Please note: (These are fan-sites Julia created. To order books, visit: www.mcwilliams.com or call 1-800-LIFE-101.)  Contact Julia for a copy of the flyer with this information on it.

---

Thanks Julia for the great work you are doing helping Saint Peter McWilliams, the saint of hemp causes too.

Monday, September 20, 2010

What's Wrong With Prop. 19 - The Regulate, Control and Tax Cannabis Act of 2010

Notes on TRCATCA OF 2010
Founder & Curator

The above act is an initiative by the people of California to regulate, control and tax Cannabis.  I wonder if the people of California really understand what they are getting by this act.  But these are the sentiments of a 40 year smoker and grower of the plant.  I’m a court stipulated marijuana and hemp expert.  I’m not a lawyer, but I think a lot about the law and my rights in relation to hemp.
I want legalization as pre-1937.  I want freedom and due process.  I want equal rights.  I want hemp.  I want this proposed Cannabis Act to be no more than an educational experience for California.  I do not want to be at the mercy of a really bad bill dealing with marijuana again.  I want, as Arlin Trout put it: unconditional surrender.  Prop. 19 is not legalization.  To find out what it really means has been a long road that leads to the conclusion that I should VOTE NO ON PROP. 19, based on the many reasons below.
As background for my reasons to oppose Prop. 19, I spent two and one half years in court protesting S.B. 420, the State’s Medical Marijuana Program, as unconstitutional. I didn’t win, but I didn’t lose either.  I was not allowed standing in court because I was not harmed by this voluntary law.  Recently the California Supreme Court partially backed up my pleading by declaring plant limits void because they amended the Compassionate Use Act of 1996.  But guidelines, clarification, changes, etc., are also amendments and will be exposed.  Someday a case is going to change the ballgame and the ‘whole rotting edifice’ will come down and we will be left with the Compassionate Use Act of 1996.
 So you know what I’m talking about, the legislature passed S.B. 420 using (citing) the power of the Ninth and Tenth Amendment to do so.  Then they assumed because their power came from the Federal Constitution they did not have to follow the California Constitution and send S.B. 420 back to the voters as the CA Constitution requires of all amendments to Proposition 215.
Another greatly disturbing point is that in passing Proposition 215, the people assumed the power over medical marijuana (sort of out of thin air as the Federal Constitution has no enumerated power over medical marijuana, and the  State government couldn’t get a bill past Pete Wilson).  In other words the people had already claimed title to medical marijuana through Amendments Nine and Ten which clearly reads “the states or the people.”  In California this means something as the people hold all the power.  No contest. 
And this initiative Proposition 19 is much more serious than I ever imagined.  Prop. 19, as was pointed out by lawyer Letitia Pepper, effectively shreds the CA Constitution and all the personal rights contained therein.  I had an old copy of the CA Constitution that did not contain this article.  “Article 18:  Amending and Revising the Constitution by Initiative.  Section 3. The electors may amend the Constitution by Initiative.”  Prop. 19 is a proposed initiative law that can and will amend the Constitution to gain legality.  Listen to the following broad and vague statements from Prop. 19.  “Section 11300:  Personal Regulation and Controls. (a) Notwithstanding any other provision of law,” and Section 11301: Commercial Regulations and Controls.  Notwithstanding any other provision of state or local law…”  These two statements wipeout all Constitutional checks on legislation.  They also wipe out and are capable of wiping out both the state (S.B. 420 Medical Marijuana Program) and initiative law on medical marijuana (The Compassion Use Act of 1996 or Prop. 215).  All of our rights are written into law, including all our inalienable rights, and all appear to be in danger of being negated by “notwithstanding any other provision of state or local law” and turned over to “local control.”
 The dictionary definition of notwithstanding is: “in spite of; without being opposed or prevented by.”  In spite of is defined as:  “in disregard or defiance of.”  This could easily be interpreted as “In disregard or defiance of any other provision of state or local law.”  And I don’t want to be a stickler, but don’t forget CA Const., Article I, Section 22, Constitution Mandatory and Prohibitory:  The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.”   Could these words express that mandatory and prohibitory are declared to be otherwise.  Correct me if I am wrong.  I am not a lawyer, but I want to know why I might be giving up all my rights for the City of Oakland and Oaksterdam.
I suspect that Prop. 19 is a blatant putdown of my rights, and the rights of all citizens of CA, under the CA Constitution Declaration of Rights.  Control, Regulate and Tax is certainly not legalization and the text of the law doesn’t mention legalization.  Let’s be honest about the initiative, it was written for the Oakland City relationship with Oaksterdam.  This relationship is why the local control is written into law instead of equal rights for all citizens of California as called for by the CA Constitution, Article 1, Section 3 (b)(4):  “Nothing in this subdivision supersedes or modifies any provision of this Constitution, including the guarantees that a
person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws, as provided in Section 7.”
There is repeated one especially troublesome and unconstitutional part of both S.B. 420 and Proposition 19, that I think I can explain.  The legislature after assuming a mythical power to subvert the California Constitution, gave up the people’s state law (Prop. 215) of a general nature (we all have the right to obtain and use medical marijuana, for any ailment for which it provides relief) to 538 local governments in violation of the “California Constitution, Article 4, SEC. 16.  (a) All laws of a general nature have uniform operation.  (b) A local or special statute is invalid in any case if a general statute can be made applicable.
There can be no uniform operation from 538 local governments.  We have seen this in the 15 years of operation of Prop. 215 and six years of operation of S.B. 420.  This same lack of uniform operation is to be found in Proposition 19.  This time it is the people themselves through their initiative power that will violate this Constitutional mandate.  And this mandate can’t be ignored unless Prop. 19 wipes out the Constitution.  Once again we will have 538 local governments with 538 different regulate, control and tax laws.  What’s good for Oakland is good for San Diego, and what’s good for Alameda County is good for Orange County, because California citizens live in those 538 different locales.  No uniform operation.  Anything less is unconstitutional.  We don’t need more bad law.  There are 538 cities and counties in California.  There is no possibility of uniform operation of this law with 538 possible different local laws, including many bans.  This is lawmaking at its worst.   The Regulate, Control & Tax Cannabis Act contains this same “local government” violation of the Constitution.  Prop. 19, “Section 3: (d) Definitions, (vi) ‘local government’ means a city, county, or city and county.”  Again, this is mandatory. 
According to Prop. 19 there will be 538 new regulate, control and tax laws or bans across CA creating an impossible patchwork of laws.  Not counting old criminal codes, just the medical marijuana program, Prop. 215, and the proposed law, we’re up to 1614 different laws or codes in California to control, regulate, and tax marijuana.  Follow me on the math if you can. First, S.B. 420 allowed 480 cities and 58 counties to control medical marijuana, which equals 538 different medical marijuana laws (or not).  But then S.B. 420 is voluntary and if you did not volunteer for it, it doesn’t apply to you.  Another 538 laws to cover those who didn’t apply for the government’s scheme under S.B. 420.
Regulation, control, and taxation are the opposite of freedom, the opposite of legalization.  Fifteen years have gone by since the Compassionate Use Act of 1996 put the crack in the prohibition dam by taking the legislative power away from the state, creating new rights and freedoms and making marijuana legal for every California citizen under certain circumstances.  Proposition 19 gives the power back to the state to draw up new laws and regulations the people will have no power over.  Sure you think you can change the law after the fact, but look at the medical marijuana fiasco that came out of the state’s 538 medical marijuana programs.
The title of Prop. 19 itself is deceiving.  This is a marijuana act not a Cannabis act.  Any good Cannabis act would have given to the people the whole plant, and certainly Cannabis hemp for farmers.  The omission of hemp killed the initiative for me.  Someone has a completely different priority than me.  If you don’t legalize Cannabis for the farmer, it’s not legal.  I am a farmer.  Some of us want equal rights.  Farmers need to control the means of production, and when the government controls the means of production it is called communism.  
The age limit of 21 years or older in Prop. 19 also violates the “CA Constitution, Privileges and Immunities, Article I, Section 7 (b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens.”
But then maybe the focus groups that gave us this false legalization have never read the Constitution.  The adults 18 – 21 years have the same inalienable rights I have in California and are adult citizens.  Because 18 – 21 year olds are citizens, they cannot be excluded from the law.  It was the Federal Government that gave us, under threat of highway funds being withheld, the 21 year old age limit for alcohol.  The federal government is not now in control.  The California Constitution and the people are in charge.  Prop. 19 does not follow the law.  But again maybe the focus groups didn’t know this was a constitutional violation.  My question is did anyone take this into consideration?  Is there some hidden agenda to bypass the CA Constitution and plead federal law again?  If every 21 years in Prop. 19 has to be changed to 18 years, the initiative is doomed.  All those people including the AG in his summary who thought 21 meant 21 were deceived.
“California Constitution, Article I, Section 23, Rights Reserved:  This enumeration of rights shall not be construed to impair or deny others retained by the people.”  The people have retained the right to use and obtain medical marijuana in Prop. 215.  Not only am I given no right to my ounce in Prop. 19, but I can’t sell what I produce on my property, in privacy, exercising my liberty and recognizing that of others.  Forty years of fighting for liberty around Cannabis and I get an ounce and no industrial hemp.  According to Chris Conrad there are 50,000 viable uses for Cannabis, in Prop. 19 we get one use, one measly ounce that we already have a real right to in medical marijuana if we choose.  Ask your doctor.
This is not a cool Cannabis Act.  Unworkable, unconstitutional, unequal, unfair and so on, we can use the opportunity to educate ourselves and the rest of the world about what freedom is and is not.  I don’t feel bad about depriving people of their ounce, because I’m not.  They have the right and I can respect that.  What I don’t like is being allowed an ounce and a 5 foot X 5 foot garden being called legalization by the government written summary and proponents.  What this Prop. 19 is could be called a form of restrictionism – a policy by a legislative body (in this case local control by cities and counties, enabled by the people) to enact restrictions on marijuana.
CA Constitution, Article I, Section 26, states in full:  “The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.”  In Prop. 19, the phrases “Notwithstanding any other provision of law…,” and  “Notwithstanding any other provision of state or local law…,” are express words meant to obviate and eliminate any part of the Constitution including the before mentioned age limit and uniform operation.  It is a question I can’t answer at this time as to whether these express words also curtail our individual liberties written into state law, such as privacy.  It does give me great concern; if Prop.19 can obviate the Constitution, it can certainly wipe out a prior initiative like Prop. 215 and a statute like S.B. 420.  VOTE NO ON GIVING UP OUR CONSTITUTIONAL SAFEGUARDS; VOTE NO ON PROP. 19.
Prop 19 neglects to legalize the most important and lucrative part of the Cannabis plant – HEMP.   Yes, I am bummed that nobody asked my opinion on this Cannabis act.  I had written an initiative I called the Cannabis sativa Act.  I had experience on Jack’s 1994 initiative effort and wanted to see if I could improve on his effort.  I did lower the age limit to l8 years, because of the CA Constitution, but in it we would get the 50,000 uses, people would be let out of jail, records would be wiped clean of non-violent pot crimes, etc.  I believe that the Prop. 19 focus groups never got a glimpse of Jack’s initiative.    NO HEMP; NO ON PROP.19.
We get no Cannabis hemp.  This initiative is not about Cannabis, it is about marijuana.  TRCATCA OF 2010 should have been about hemp as the legislature has passed two hemp bills that were vetoed.  Hemp is what is best for California, not restrictionism that will certainly make a hemp farmer think twice about going beyond a 5 x 5 foot square.  This Cannabis plant like every other plant needs to be controlled by the people through our inalienable individual rights.  I like the tomato model, not the wine model.  Let the farmer grow; unconditional surrender.  Vote NO ON RESTRICTIONISM.
What does this mean and does it violate the one-subject rule?  Prop. 19,Section 2, B, 13.  “Permit California to fulfill the state’s obligations under the United States Constitution to enact laws concerning health, morals, public welfare and safety within the State.”  This is certainly not covered by the title.  It is broad and vague and carries no explanation about why it is included in this marijuana bill.   Does the state now have a problem enacting laws that the people now have to permit them to do so, or is this another attempt to allow the state to bypass the California Constitution and do something devious?  Sounds rather ominous in a Regulate, Control, and Tax initiative.  VOTE NO ON BROAD AND VAGUE LAW; VOTE NO ON PROP. 19.  Can anyone explain the why this purpose is included in Prop. 19?  And why is it not unconstitutional under CA Constitution, Article 4 Legislative, Section 9:  “A statute shall embrace but one subject, which shall be expressed in its title.  If a statute embraces a subject not expressed in its title, only the part not expressed is void.”
I saw a couple of people in Orange County lighting up tobacco cigarettes outside a Pep Boy’s store and it reminded me that according to the Attorney General’s opinion after Prop. 215 was passed, I could smoke my medicine anywhere you could smoke cigarettes in public.  Why should I give up my right to be equal with other smokers?  Why was this unequal and unfair section even put in the law?  I now suspect it is to drive people into the marijuana shops of Oaksterdam.  VOTE NO ON INEQUALITY OF LAW.
Short list of possible Constitutional problems:
1.    CA Constitution, Article 13 TAXATION:  Section 3, “The following are exempt from property taxation; (h) Growing crops.”
2.    CA Constitution, Article 13 TAXATION:  Section 20, “The Legislature may provide maximum property tax rates and bonding limits for local governments.”
3.    Prop. 19 is not about legalization and as Dennis Peron stated, “It is thinly veiled prohibition.”  Look at the wording in Prop. 19:  Section 11301:  Commercial Regulations and Controls, “Notwithstanding any other provision of state or local law, a local government may…(g) prohibit and punish through civil fines or other remedies the possession, sale, possession for sale, cultivation, processing, or transportation of cannabis that was not obtained lawfully from a person pursuant to this section or section 11300.”
4.    CA Constitution, Article 4 Legislative, Section 9:  “A statute shall embrace but one subject, which shall be expressed in its title.  If a statute embraces a subject not expressed in its title, only the part not expressed is void.”
5.      CA Constitution, Article I, Section 26, states in full:  “The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.” 
6.    “California Constitution, Article I, Section 23, Rights Reserved:  This enumeration of rights shall not be construed to impair or deny others retained by the people.” 
7.    The age limit of 21 years or older in Prop. 19 also violates the “CA Constitution, Privileges and Immunities, Article I, Section 7 (b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens.”
8.    “California Constitution, Article 4, SEC. 16.  (a) All laws of a general nature have uniform operation.  (b) A local or special statute is invalid in any case if a general statute can be made applicable.”
*******
One of the many questions from those who heard our NO ON PROP. 19 talks was, “What else is there to vote on.?”  Other more comprehensive initiatives have been written, such as Jack Herer’s California Cannabis Hemp and Health Initiative.  I am including an initiative I wrote years ago.  This was written as an exercise in initiative writing.    
 
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
TO THE HONORABLE SECRETARY OF THE STATE OF CALIFORNIA:
We, the undersigned, registered, qualified voters of California, residents of the fore-described County (or City and County), hereby propose changes to the Health and Safety Code Sections 11357- 11362 relating to the Cannabis sativa plant by whatever name, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding primary or general election or at any special statewide election held prior to that primary or general election or otherwise provided by law.
The proposed statutory initiative reads as follows.
THE CANNABIS SATIVA ACT OF 2012 A.D.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT
AS FOLLOWS:
HEALTH AND SAFETY CODE SECTIONS 11357- 11362.

SECTION 1.
TITLE
This initiative shall be known as the Cannabis sativa Act of 2012 A.D.
SECTION 2.
FINDINGS AND DECLARATIONS.
A. The People of the State of California find and declare their rights under the U.S. Constitution, Articles IX and X.  Article IX states:  “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”  And Article X states:  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.”
B. The United States Federal Government is forbidden by law to control farm production as it has with the plant Cannabis sativa in California (see U.S. v. Butler, 297, U.S. I, 1936), has interfered with medical use of the plant Cannabis sativa under the Compassionate Use Act of 1996, in violation of the spirit and intent of the U.N. Single Convention Treaty,  and has continually (from the U.S. Marijuana Tax Stamp Act of 1937, to the present) subjected us to silence on the benefits of Cannabis hemp and the safety of medical Cannabis, while mounting the most pernicious campaign against the inalienable rights and privileges of California citizens as expressed in the California Constitution, Article 1, Declaration of Rights, Section 1:  “All people are by nature free and independent and have inalienable rights.  Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”
C. The People of the State of California find and declare that  physicians,  caregivers, producers and patients are continually being sanctioned, harassed, arrested and prosecuted for the recommendation, transportation, distribution and use of cannabis for medical purposes.
D. The People of the State of California find and declare that the development and use of Cannabis sativa (hemp) as a basic natural renewable resource is in the best interest of the state economy and that the development of Cannabis sativa for the production of hemp and hemp products can be of tremendous medical, environmental and social advantage.
E. The People of the State of California find and declare that the safety of Cannabis sativa (no overdose deaths in recorded history, no toxicity), warrants removal of the plant from the Schedules of the Controlled Substances Act, thereby re-establishing Cannabis sativa as a free market agricultural resource.
F. The People of the State of California find and declare that due to the safety
and lack of toxicity and many medical applications of Cannabis sativa, the government is not warranted to invade the privacy of the family unit on adolescent use of Cannabis, unless due process is used. Control of Cannabis sativa use in the home is in the proper purview of parents or guardians of underage Californians.
SECTION 3. PURPOSE & INTENT
A. Therefore, be it resolved that the People of California do hereby declare that the purpose and intent of the Cannabis sativa Act of 2012 A.D. is to re-establish as an inalienable right of liberty of the people of California to use, grow, farm, sell and develop economically the plant Cannabis sativa free of interference by the United States Federal Government, pursuant to the Ninth and Tenth Amendments to the Constitution of the United States.
B. Therefore, be it resolved that the People of the State of California do hereby recognize the medical value of cannabis, and do hereby propose this Cannabis sativa Act of 2012 A.D. with the intent to authorize physicians to prescribe, pharmacists to dispense, producers to supply, and patients to use with or without a prescription Cannabis sativa for medical purposes, with the full protection of the law of the land given an inalienable right.
SECTION 4. DEFINITION OF MEDICAL USE
Medical use shall be defined as the personal consumption in any manner of any form of Cannabis sativa for any medical purpose as determined by an adult citizen of California or determined by the parent or guardian of underage Californians. This is an inalienable right of liberty for Californians.
SECTION 5. EXCLUSION OF PRIOR ACTS
The Cannabis sativa Act of 2012 A.D. shall be construed to repeal, delete, expunge, deny or abridge any California Statute or Code, criminal or civil, relating to the Cannabis sativa plant.
SECTION 6.
 PRESCRIPTION BY A LICENSED PHYSICIAN
Any prescription issued by a licensed physician in the State of California for medical Cannabis shall conform to the standard format of a prescription and
recommendations of medical Cannabis sativa for any medical purpose may be made as deemed appropriate by the physician or the patient, recognizing the inalienable right of the patient to the plant.
SECTION 7. DISPENSING BY A PHARMACIST
Any pharmacist licensed in the State of California may purchase, transport, store, dispense, and sell Cannabis sativa for the purpose of filling a prescription issued by a physician.   All Cannabis sativa sold by licensed pharmacists must be organically produced in accordance with the California Organic Food Act of 1990. No special form or procedure shall be required of a pharmacist filling a prescription for Cannabis sativa.
SECTION 8. ZONING RESTRICTIONS
Zoning restrictions regarding the cultivation of Cannabis sativa for industrial purposes may be set forth by the proper authorities in the same manner as with any other food, agricultural or industrial enterprise, recognizing the inalienable right of the citizen to the plant.
SECTION 9. FREEDOM FROM HARASSMENT
(A) People engaged in the activities described in this Act shall be free from sanction, harassment, arrest and prosecution by any and all authorities.
(B) "Harassment" shall be further defined as any act departing from the norm observed in the course of inspecting or supervising a commercial agricultural enterprise, including, but not limited to, aerial surveillance of a kind not customary to a commercial agricultural enterprise.
SECTION 10.  CEASING PROSECUTION, VACATING
SENTENCES, RELEASING FROM PRISON, EXPUNGING OF RECORDS
(A) Enactment of this initiative shall include: release from prison, jail, parole and
probation, and clearing, expungement and deletion of all criminal records for all
persons currently charged with, or convicted of any Cannabis sativa offenses included in this initiative which are hereby no longer illegal.
(B) Evidence of criminal proceedings involving the plant Cannabis sativa which under this initiative are no longer illegal shall be expunged from a defendant’s record within 30 days of the passage of this Act.
SECTION 11.  LIBERAL CONSTRUCTION
This Act is an exercise of the public power of the state for the protection of the health, safety, and welfare of the citizens of the State of California, and shall be liberally construed to effectuate these purposes, remembering the citizen’s inalienable right to Cannabis sativa.
SECTION 12.  SEVERABILITY
The provisions of this Act are severable. If any provision of this Act or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 13. CONFLICTING MEASURES   
If this measure is approved by the voters but superseded by any other conflicting ballot measure approved by more voters at the same election, and the conflicting ballot measure is later held invalid, it is the intent of the voters that this Act shall be self-executing and given full force of the law.
SECTION 14. EFFECTIVE DATE
This Act shall become effective immediately upon its approval by the voters.
SECTION 15. SELF-EXECUTION
This Act shall be self-executing.
SECTION 16. AMENDMENT
This Act shall not be altered or amended except by a vote of the people.
*****    
Dennis’ List
Dennis Peron:  TRCATCA OF 2010 is not legalization it is thinly veiled prohibition.  Money spent at Bluesky is being used against you by keeping the reins of Prohibition on Cannabis with:
1.    The plant police (5x5 restricted grow space & one ounce limit (this is supposed to be legalization)
2.    The tax ensures police and new plant police will be paid to weigh our medicine equals high priced medicine.
3.    Age limits (21) send the wrong message.  Cannabis is safer than alcohol why equate it with it.  [Alaska – age 19][French Commission on legalization of Marijuana recommended age 14].
4.    Making public consumption illegal (currently there is no state law against it)
5.    Creating new felonies where there were none.
6.    Can’t smoke around your own kids (Cops can take them away)
7.    No one gets out of prison, the status quo is preserved.
8.    What is legal in one county or city will be illegal in others.
9.    Creates a monopoly by limiting competition (excessive regulations prevent ordinary people from entering business)
******

Sunday, September 19, 2010

Watch Out - Don't Be Propositioned by California's Proposition 19

Don't be propositioned by California's Proposition 19.

Nowhere in Prop. 19 is the word legalization mentioned, not in the Purpose Section, not in the Intent Section, not at all.  Look at the title of Prop 19: The Regulation, Control and Taxation of Cannabis Act of 2010.
 
Regulation, Control and Taxation are the opposite of legalization. 

We have hope for true legalization, where each citizen over 18 years of age can grow, use, sell, give away, etc., without ANY form of taxation or regulation or control.  We refer to this model as the Tomato Model –no garden police, no tax, no invasion of our privacy rights.

The people of California have the right to legal marijuana from Prop. 215. Every citizen with no age limit and a doctors note has the right to use and obtain legal marijuana, including cultivation with no plant or square foot limitations, as much as you need for medical use.  The Supreme Court called these guarantees.

The problem is that these guarantees can be taken away by the people in another initiative such as Prop. 19.  How can that happen? In California the people hold all the power.  CA Constitution, Article 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL, Section  1, “All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.”

One point here is that what we have the right to alter is not always for the public good.  Like 538 new local laws Statewide in California.  Or like destroying the Constitution to give me an ounce of pot and a postage stamp garden.

NO NEW RIGHTS.  NO ON PROP. 19.

Listen to this scenario.  CA Constitution, Article 1 DECLARATION OF RIGHTS, Section 26, “The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.”  Does Prop. 19 contain words that declare this section other than mandatory and prohibitory?  How about in Section 11301: “Notwithstanding any other provision of state or local law,” isn’t the Constitution included in state law? And are not your inalienable rights included in state law?  How can Prop. 19 get away with changing the Constitution? 

CA Constitution, Article 18 AMENDING AND REVISING THE CONSTITUTION, Section 3, “The electors may amend the Constitution by initiative.” 

Since Prop. 19 doesn’t tell us they are destroying the Constitution to turn total control over to 538 local governments in California, let’s point to some changes in Prop. 19 that would be unconstitutional without the above paths to alter the Constitution.

1.   The legal age limit of 18 years old is changed to 21.  CA Constitution, Article 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL, Section 2, “A United States citizen 18 years of age and resident in this State may vote.”  All citizens must be granted the same terms, regardless of age.

CA Constitution, Article 1 DECLARATION OF RIGHTS, Section 7:  (b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens.  Privileges or immunities granted by the Legislature may be altered or revoked.”  18 TO 21 year old citizens have been left out of Prop. 19 because of focus groups that may not have read the Constitution.

CA Constitution, Article 4 LEGISLATIVE, Section 16, “(a) All laws of a general nature have uniform operation.  (b) A local or special statute is invalid in any case if a general statute can be made applicable.”  The Constitution does not want 538 different laws about anything.   Local control on such a statewide concern would lead to chaos.  A general statute would be applicable here to protect equal rights of all citizens across the state.

CA Constitution, Article 1 DECLARATION OF RIGHTS, Section 3:  “(4) Nothing in this subdivision supersedes or modifies any provision of this Constitution, including the guarantees that a person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws, as provided in  Section 7.”  Against local control 538 ways there is no equal protection.  Prop. 19 is bad law.
 

CA  Constitution, Article 13 TAXATION, Section 20, “The Legislature may provide maximum property tax rates and bonding limits for local governments.”  Prop. 19 changes this Constitutional provision to give local governments the unlimited power to tax (“Notwithstanding any other provision of state or local law.”), “including imposition of appropriate general, special or excise, transfer or transaction taxes, benefit assessments, or fees, on any activity…to raise revenue.”  That means the taxes by local governments could be prohibitory and essentially ban even medical marijuana cultivation or sales in 538 different ways from 538 different local governments.

Any law such as Prop. 19 which does not give ironclad protection to our medical marijuana rights should be voted down.


Prop. 19 in the Intent Section (c) says:  “This Act is intended to limit the application and enforcement of state (Prop 215 & S.B. 420) and local laws (all of them) relating to possession, transportation, cultivation, consumption and sale of cannabis…”
 
In Prop. 19 Section 11301: Commercial Regulation and Controls gives total control (“Notwithstanding any other provision of state or local law…) to 538 different local governments in California.  Think about how unequal that makes our rights!
  
If you agree that Prop. 19 is a bad law, or want to learn more, please join us.  Most Californians favor legalization, not regulation, control and taxation.  We believe in asking for unconditional surrender in the fight to free the Cannabis plant for all, and maintain the ideal of equal rights in law. 

The NO ON PROP. 19 group are united by the belief that the right to cultivate Cannabis, marijuana, or hemp is an inalienable right. We are a private group with practical goals. The first goal is to attempt to defeat Prop. 19 in California in November. After November we will be working on law that reflects our inalienable right to the plant – the tomato model.

If you agree that Prop. 19 is a bad law, or want to learn more, please join us. Most Californians favor legalization, not regulation, control and taxation. We believe in asking for unconditional surrender in the fight to free the Cannabis plant for all, and maintain the ideal of equal rights in law.

GO TO:  Yahoo Groups and join
Richard M. Davis is the founder and curator of the USA Hemp Museum.   Davis' is a hemp hero who has been involved with ending hemp prohibition since the 1960's as a consumer, scientist, historian and activist.  Davis is the author of three HEMP FOR VICTORY books A GLOBAL WARMING SOLUTION, THE WONDER HERB and THE TRILLION DOLLAR CROP.

Friday, September 10, 2010

NO ON PROP. 19 by Richard M. Davis, USA Hemp Museum


Any law such as Prop. 19 which does not give ironclad protection to our medical marijuana rights should be voted down.
Prop. 19 in the Intent Section (c) says:  “This Act is intended to limit the application and enforcement of state (Prop 215 & S.B. 420) and local laws (all of them) relating to possession, transportation, cultivation, consumption and sale of cannabis…”
In Prop. 19 Section 11301: Commercial Regulation and Controls gives total control (“Notwithstanding any other provision of state or local law…) to 538 different local governments in California.  Think about how unequal that makes our rights!

GO TO:  Yahoo Groups and join
GlobalMarijuanaReLegalization


End Article


Richard M. Davis is the founder and curator of the USA Hemp Museum

Davis' is a hemp hero who has been involved with ending hemp prohibition since the 1960's as a consumer, scientist, historian and activist.  Davis is the author of three HEMP FOR VICTORY books A GLOBAL WARMING SOLUTION, THE WONDER HERB and THE TRILLION DOLLAR CROP.

VOTE NO ON PROPOSITION 19 by Richard M. Davis, USA Hemp Museum


The people of California have the right to legal marijuana from Prop. 215.  Every citizen with no age limit and a doctors note has the right to use and obtain legal marijuana, including cultivation with no plant or square foot limitations, as much as you need for medical use.  The Supreme Court called these guarantees.

The problem is that these guarantees can be taken away by the people in another initiative such as Prop. 19.  How can that happen?  In California the people hold all the power.  CA Constitution, Article 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL, Section 1,  “All political power is inherent in the people.  Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.”

One point here is that what we have the right to alter is not always for the public good.  Like 538 new local laws Statewide in California.  Or like destroying the Constitution to give me an ounce of pot and a postage stamp garden.

NO NEW RIGHTS.  NO ON PROP. 19.

Listen to this scenario.  CA Constitution, Article 1 DECLARATION OF RIGHTS, Section 26, “The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.”  Does Prop. 19 contain words that declare this section other than mandatory and prohibitory?  How about in Section 11301: “Notwithstanding any other provision of state or local law,” isn’t the Constitution included in state law? And are not your inalienable rights included in state law?  How can Prop. 19 get away with changing the Constitution? 

CA Constitution, Article 18 AMENDING AND REVISING THE CONSTITUTION, Section 3, “The electors may amend the Constitution by initiative.” 

Since Prop. 19 doesn’t tell us they are destroying the Constitution to turn total control over to 538 local governments in California, let’s point to some changes in Prop. 19 that would be unconstitutional without the above paths to alter the Constitution.

1.    The legal age limit of 18 years old is changed to 21.  CA Constitution, Article 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL, Section 2, “A United States citizen 18 years of age and resident in this State may vote.”  All citizens must be granted the same terms, regardless of age.

2.  CA Constitution, Article 1 DECLARATION OF RIGHTS, Section 7:  (b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens.  Privileges or immunities granted by the Legislature may be altered or revoked.”  18 TO 21 year old citizens have been left out of Prop. 19 because of focus groups that may not have read the Constitution.

3.  CA Constitution, Article 4 LEGISLATIVE, Section 16, “(a) All laws of a general nature have uniform operation.  (b) A local or special statute is invalid in any case if a general statute can be made applicable.”  The Constitution does not want 538 different laws about anything.   Local control on such a statewide concern would lead to chaos.  A general statute would be applicable here to protect equal rights of all citizens across the state.
4.  
     CA Constitution, Article 1 DECLARATION OF RIGHTS, Section 3:  “(4) Nothing in this subdivision supersedes or modifies any provision of this Constitution, including the guarantees that a person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws, as provided in  Section 7.”  Against local control 538 ways there is no equal protection.  Prop. 19 is bad law.

5. CA  Constitution, Article 13 TAXATION, Section 20, “The Legislature may provide maximum property tax rates and bonding limits for local governments.”  Prop. 19 changes this Constitutional provision to give local governments the unlimited power to tax (“Notwithstanding any other provision of state or local law.”), “including imposition of appropriate general, special or excise, transfer or transaction taxes, benefit assessments, or fees, on any activity…to raise revenue.”  That means the taxes by local governments could be prohibitory and essentially ban even medical marijuana cultivation or sales in 538 different ways from 538 different local governments.

VOTE NO ON PROP. 19

Don’t let the word Cannabis in the title fool you.  This is a marijuana act not a Cannabis act. 
No hemp!  No on Prop. 19. 

GO TO:  Yahoo Groups and join
GlobalMarijuanaReLegalization

End Article


Richard M. Davis is the founder and curator of the USA Hemp Museum

Davis' is a hemp hero who has been involved with ending hemp prohibition since the 1960's as a consumer, scientist, historian and activist.  Davis is the author of three HEMP FOR VICTORY books A GLOBAL WARMING SOLUTION, THE WONDER HERB and THE TRILLION DOLLAR CROP.

DON’T BE PROPOSITIONED VOTE NO ON PROPOSITION 19. by Richard M. Davis

Nowhere in Prop. 19 is the word legalization mentioned, not in the Purpose Section, not in the Intent Section, not at all.  Look at the title of Prop 19:  The Regulation, Control and Taxation of Cannabis Act of 2010.
Regulation, Control and Taxation are the opposite of legalization. 

We have hope for true legalization, where each citizen over 18 years of age can grow, use, sell, give away, etc., without ANY form of taxation or regulation or control.  We refer to this model as the Tomato Model –no garden police, no tax, no invasion of our privacy rights.

The NO ON PROP. 19 group are united by the belief that the right to cultivate Cannabis, marijuana, or hemp is an inalienable right.  We are a private group with practical goals.  The first goal is to attempt to defeat Prop. 19 in California in November.  After November we will be working on law that reflects our inalienable right to the plant – the tomato model.

If you agree that Prop. 19 is a bad law, or want to learn more, please join us.  Most Californians favor legalization, not regulation, control and taxation.  We believe in asking for unconditional surrender in the fight to free the Cannabis plant for all, and maintain the ideal of equal rights in law.

GO TO:  Yahoo Groups and join
GlobalMarijuanaReLegalization

End Article


Richard M. Davis is the founder and curator of the USA Hemp Museum

Davis' is a hemp hero who has been involved with ending hemp prohibition since the 1960's as a consumer, scientist, historian and activist.  Davis is the author of three HEMP FOR VICTORY books A GLOBAL WARMING SOLUTION, THE WONDER HERB and THE TRILLION DOLLAR CROP.

Thursday, August 26, 2010

I Paid The Idaho Tax by USA Hemp Museum's Richard M. Davis

I PAID THE IDAHO TAX
By Richard M. Davis
Founder and Curator of the USA HEMP MUSEUM
www.hempmuseum.org
          
I paid the Idaho tax.  I was just passing through Idaho on Interstate 15, on Sunday, August 15, returning to my home in California from the Bozeman Hempfest in Montana when I was pulled over by an Idaho State Trooper for having large HEMP signs in my back windows.  His keen nose detected an odor.  Just a few miles south of Idaho Falls, after it was determined I was not impaired, I was asked to stand 20 yards from the car while four police cars with state troopers and a dog searched through the 350 pounds of hemp exhibits in my car, a 1992 Honda Civic with 227,000 miles on it and with a large hemp plant on a rack on top.

At the end of what seemed like a couple of hours in the hot sun, the troopers and the pot dog had come up with a small jar of medical marijuana salve I made to use on my hands to prevent skin cancer (which I’ve had twice), a small stub of a medical marijuana cigarette, and some homemade pills containing powdered medical marijuana leaf.  I was called back to the car where the pot dog officer was to watch me repack some goods and load the car.  I saw him reach into the grass beside the freeway and pull out a small baggie which he asked if it was mine.  This got trooper number one excited and he showed me the tiny baggie with another baggie inside and said he could see a crystal inside the bag.  I saw nothing, but at age 69, I do use reading glasses for close work.  He said he was filming the stop and if I was seen dropping the baggie I was doomed.

I was allowed to put the 350 pounds of hemp exhibits back in the car, whereupon the car was towed and I was placed in handcuffs, read my rights and arrested by the trooper who stopped me.

Off I went to the Bonneville County Jail, just north of Idaho Falls.  My name is Richard Davis, and I own and am curator of the largest collection of hemp related goods in the world – the U.S.A. Hemp Museum.  You can see it on the web at www.hempmuseum.org.  

I am a medical marijuana patient in California and had made a good faith effort to clean up the car of my medical exhibits and personal medicine.  Montana is also a medical marijuana legal state and as such I did not feel the need to transport my extensive collection of medical marijuana and its exhibits and paraphernalia to Montana.  Had I done so I might still be in Idaho.

At the jail, the state trooper called in and a large rollup door opened to let him drive me into a receiving area where I was turned over to the county police for booking into the jail.  I was being charged with possession of marijuana and drug paraphernalia, two charges both misdemeanors that require $300 bond each for me to be released from jail.  Luckily, I had been given gas and lodging money by the Bozeman Hempfest people and $754 dollars was taken from my wallet and envelopes from my vest so I could post bond, promise to appear in court the next day for arraignment, and be released.  

All the possessions I had on my person were recorded and bagged right down to my suspenders.  I answered questions about my medical history, signed forms for the next hour.  Next I was placed in a holding cell with glass door and windows so that I could see others in the jail.  In all, I saw seven other inmates in other holding cells.  After another hour passed I was called out (the door magically unlocked) and told to sit on a chair below the command center which was a couple of steps higher than the cell level.

I was sitting just outside a holding cell where I could hear moaning and other noises coming from within.  This is where Jeff was being held.  I knew his name because the jail nurse came pushing a large cart that was parked in front of me and started getting medication for Jeff.  She called for an officer to open the door of Jeff’s cell.  “Did you bring my meds,” Jeff said.  The nurse then proceeded to tell Jeff the names of the medications she had brought.  I had never heard of any of the drugs she named, but she did say to Jeff he would only get half a dose because it was for psychiatric problems.

Another hour passed during which I had my picture taken.  Then it was Jeff’s turn to be fingerprinted and photographed.  Jeff was much bigger than the deputy who was escorting him, but the deputy was talking and making friends with Jeff.  “Are you doing ok on those meds Jeff,” he said.  Jeff passed me and we shook hands.  I heard Jeff say to the deputy as he was being fingerprinted just around the corner, “The meds help, but what I really need is a big fat joint.”  And that really made me smile. 

When I was ready to leave, Jeff was standing by the window in his cell looking at me as I put on my Tilley hat decorated with pot leaf pins.  “Where you going,” Jeff yelled.  “To California,” I replied.  Without hesitation Jeff yelled, “Smoke a fatty of chronic for me when you get back.”  “I’ll smoke two, Jeff, one for you and one for me.”

One of the papers I had to sign was a promise to appear in court the next day in Idaho Falls for arraignment.  I then found myself out on the street in an industrial area some five miles from where I needed to go.  The deputy had tried to draw a map, but it left a lot to the imagination.  They had taken all my cash and given me a check for the remainder, then offered to call me a cab.  Thanks.  A couple of hours later I walked into the motel I had stayed at going to Montana a few days earlier.  I cashed my check and went to Shari’s Diner before I crashed.

Court was at 1:00pm and a much shorter walk so I was very early.  I walked along the Snake River Greenbelt behind the falls that give Idaho Falls its name for what seemed like a couple of miles.  I was happy I wasn’t sore from the night before. 

At court we were instructed that some of us were eligible for an early resolution conference with the prosecutor, a new program for the county.  My name was called.  I wanted him to drop the charges, but early resolution means you plead guilty to something, you pay the tax, court costs and fees and they let you go.  I plead guilty to possession.  He made it clear, and so did the judge, that no amount of marijuana was legal in Idaho, even if it was your medicine.  One hundred days in jail was suspended, the other count was dropped and the judge went along with our deal.  Except for picking up my car at some unknown location I was done.  Total tax for driving through Idaho was $840.  I paid the Idaho tax.

Moral of the story is if you drive through Idaho with a large dry pot plant on the roof of your car; don’t put large HEMP signs in your rear windows.  No signs are allowed on back windows in Idaho.   

Back to work!