Opinion: Pass the Marijuana Regulation and Tax Act of 2012
By Steve Kubby
The November 2012 presidential election affords proponents of a ballot initiative to change state law concerning the regulation of marijuana a strong opportunity for success. The most significant consideration is that the California electorate for the next presidential election will be considerably younger. Our analysis indicates that 21 percent of all voters will be under the age of 35, compared to just 16 percent in the November 2010 election.
Also, in November 2010, 27 percent of voters were 65 and older, but in November 2012 seniors are expected to comprise 20 percent of the electorate. It is worth noting that Proposition 215 was on the 1996 presidential election ballot.
Another factor in our favor is the lessons of Prop. 19 can be used to inform the development of the initiative and the campaign’s messaging, and pitfalls can be avoided. Finally, public opinion continues to evolve on the issue of drug policy, particularly in regards to marijuana. In fact, a recent Economist/YouGov nationwide poll found 58 percent agreed with the following statement, “Some people say marijuana should be treated like alcohol and tobacco. They say it should be regulated and taxed and made illegal for minors.” In addition, 62 percent of Western region respondents agreed with this statement-the highest of any region in the nation.
The Marijuana Regulation and Tax Act of 2012 is sponsored by Tax Marijuana 2012, a political committee, with James P. Gray as chief proponent. For further information about this new voter initiative, please visit the following links:
–Tax Marijuana 2012 campaign registers with the Secretary of State
http://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1336887&session=2011
–Compare our initiative with others. See for yourself why Tax Marijuana 2012 is our best path to full legalization.
http://www.facebook.com/photo.php?fbid=10150140126001955&set=a.71411121954.106184.620261954&theater
–The Marijuana Regulation and Tax Act of 2012 (Preliminary Draft)
This Act shall be known as “The Marijuana Regulation and Tax Act of 2012.”
The people of the state of California, recognizing that it is time to tax marijuana and to regulate its use, hereby repeal all California state laws that prohibit marijuana possession, sales, transportation, production, processing, and cultivation by people 21 years of age and older, and thereby remove marijuana from any other statutes pertaining to the prohibition and regulation of controlled substances, whether now existing or enacted in the future, except those related to driving a motor vehicle under the influence of marijuana; using or being under the influence of marijuana in public or in the workplace; smoking marijuana in the presence of, or providing, transferring or selling marijuana to, a person under the age of 21; the use, possession, cultivation, sales, transporting, or storing on premises of marijuana by people under the age of 21; and medical marijuana statutes as set forth in California Proposition 215 and its progeny. This act adopts the definition of marijuana as it is presently set forth in Health and Safety Code section 11018.
The people further direct and order the California state Legislature to enact reasonable regulations and establish reasonable taxes for the establishment of the farming, industry, distribution, and sales of marijuana with a THC level of 0.3 percent or higher, using the grape winery industry as a model, as long as the results support these intentions, purposes and goals; and to provide for the farming, industry, distribution, and sales of industrial hemp, which is hereby defined as marijuana with a THC level of below 0.3 percent, using the cotton and paper products industries as a model. However, the effect of this act and its direction is to be liberally construed to favor individuals, and business entities regarding the following:
(a) No taxes, fees, laws, rules, regulations, or local city and county zoning requirements can be adopted or enacted to defeat these commercial, agricultural and industrial purposes or those individual civil rights set forth in Civil Code section 54, Food and Agricultural Code sections 54033 through 54035, inclusive, and Civil Code 52.1, and all medical conditions as stated in Health and Safety Code section 11362.5. Any individual, association, or collective group not producing more than 99 plants or 50 pounds of marijuana per year shall be exempt from any winery model regulations, fees and taxes, except for income taxes and state sales taxes, if they apply, and
(b) No regulations, taxes or fees shall be enacted or imposed which are more severe or restrictive than those for comparable and reasonable usage in the commercial wine grape farming and winery industry model, including for farming, planting, cultivating, irrigating, harvesting, processing, brokering, selling, distributing, and establishing of cooperatives or collective associations.
The people further direct and order all state and local government elected, appointed and hired employees, officers and officials to refuse to cooperate with federal officials, or operate under U.S. contract or arrangement, to defeat this act directly or indirectly, or to follow or abide by any federal laws or regulations that are in conflict with this act. Further, no such person acting alone, or with any other person or legislative body, may contract or agree to cooperate with federal officials, employees, agencies or departments to obtain any money, property, gain or advantage by the arrest, prosecution, conviction or deprivation of property of anyone acting within the provisions of this act. Any such governmental or public person who knowingly and intentionally violates these provisions shall forfeit their government employment and office.
The people further direct and order that within 30 days of passage, both the state attorney general and the Department of Health Services shall inform the United States Department of Human and Health Services, attorney general, Congress, and Food and Drug Administration that in 1996 California recognized that using marijuana can have some positive medical effects, and for that reason demand that marijuana no longer be listed as a Schedule 1 drug.
The people further direct and order the attorney general of California to protect the provisions of this act from any and all attacks, whether from individuals, cities, counties, or the state or federal governments.
This act expressly enjoins the arrest and imposition of any criminal or civil penalties for people 21 years of age and older who are acting within the provisions of this act, including all California penal and nuisance marijuana laws, penalties, and zoning regulations, except for those affecting medical marijuana at Health & Safety Code sections 11362.5, and 11362.7 et seq.
This act expressly enjoins any and all commercial advertising of the sales, distribution and use of marijuana, except for medical marijuana and products made from industrial hemp, as defined herein, and this injunction shall be enforced by penalties as shall hereafter be set forth by the legislature.
This act expressly does not repeal, modify or change any present laws or regulations prohibiting the driving of a motor vehicle while under the influence of marijuana; the use or being under the influence of marijuana in public or in the workplace; the smoking of marijuana in the presence of, or providing, transferring or selling marijuana to, a person under the age of 21; the use, possession, cultivation, sales, transporting, or storing on premises of marijuana by people under the age of 21; or medical marijuana statutes as set forth in California Proposition 215 and its progeny.
The Legislature shall not modify, change, add to or subtract from, or amend any part of this act, and if any part of this act is found by any court of competent jurisdiction to be invalid or void, that finding shall not affect any of the remaining provisions.
Steve Kubby is a resident of South Lake Tahoe.
I don’t know about anyone else, but I think it’s time Mr. Kubby just went away. SOOO tired of all the potheads calling themselves “patients,” and calling their dope “medicine.” Yawn…
I’m tired of the CIA being the biggest drug dealers in the world, using the DEA as their thug enforcers!
Dope is heroin not marijuana first off. Secondly, you do not know EVERY medicinal user so it is not far for you to make that statement. I know 3 people CURRENTLY using marijuana for CANCER. All 3 were anti until they had no other choices and now are BEYOND happy they decided to try it. Yes people do have fake reasons, but at this point we need the money off it so accept it or come up with a better idea to help out the state.
**Fair* not far
@really??!!
Yah it’s a shame that people can use an herb for medicine without fear of arrest. That’s just horrible….
It’s because of ignorant people like you that 1,000’s of innocent people have been incarcerated over the past 40 years for using cannabis as medicine….
To REALLY??!!
I Invite you to feel the pain of cancer and the after effects of Chemotherapy , the literal Nerve shredding ravaging pain it causes to your body and then tell me we are “Potheads” and that Cannabis is not Medicine.
OH i forgot your the judgment passing , wine swilling Vicodin popping moral majority?
Im a triple cancer survivor, both of parents are survivors and i lived in Cedars for almost a year receiving 4 hours a day of chemo for 4 months straight. I DEFY you to even go through half of what I have and then not stand beside us.
I sincerely , however, hope you do not have children with Autism, or cancer or any of the other horrendous diseases that are eased by the natural remedies that could be available if not for the creation of the DEA by Richard M Nixon the most corrupt politician on record, I invite you to have a verbal debate anytime any where to show how wrong you are. Just like 50% of this country who believes the BS their spoon fed.
Let me clarify…I DO agree with using it for LEGITIMATE purposes…like cancer for example. If it makes a cancer patients feel better, GREAT!! I just see an enormous abuse of the Compassionate Use Act. It was meant to help people who needed it for medicinal reasons. I talk to FAR too many people with 215 cards that got their cards because they had a hangnail 10 years ago, or insomnia 5 years ago.
So to clarify, I’m tired of the abuse of the law. Unfortunately, I think the ratio of abusers to legitimate users is probably 99-1
Sorry for the typos…
To: Really!?! Please tell me, how does the fact that people, who are using cannabis that you don’t believe are sick, affect you directly in some sort of adverse way – other than the fact that you are “sick of hearing about it”? What do you think of people using aspirin who don’t have a headache? Do you want to stop the aspirin menace? Aspirin is much more toxic than cannabis. Cannabis was once an over the counter medicine, made by companies like Eli Lilly, and was widely available in drug stores, with no problems whatsoever. All we want, is what we once had.
It affects me because I see so much abuse of the system, and I see alot of the people who abuse the medical marijuana laws collecting welfare, collecting food stamps, collecting all kinds of state aid while they grow “medical marijuana” and sell it to the collectives tax free. They’re generally not paying ANY taxes at all, and leaching off the system that you and I work hard to pay for.
I appreciate the minority that do respect and use the medical marijuana laws as they were intended…all I’m saying is that there is WAY too much abuse of the laws.
(crickets)….funny thing
Kubby at this point is a non issue, he continues to rant and rave in the media because he likes to stay in the spotlight. During the debates you could tell, Kubby enjoyed listening to himself talk. Kubby lost his coincil race, Prop. 19 lost, Im starting to wonder why Im wasting my time writing this on a person who is a non issue/non player.. I hope he just goes away…
I’ll drink to that.
Steve Kubby is not going anywhere, and now you have to deal with me.
As a Bible Christian I claim certain rights. One of these rights is to practice my religious beliefs, as we wish. We do not need the approval of any man, or government. I have the right to grow and use marijuana.
Now that many states have bankrupted their treasuries, they are looking to burdon the general public, through more taxation. The fact that they say they will use the money for good purposes is a blatant lie. There is no reason to believe they will suddenly become financially responsible. They will continue to use their states treasury, to finance projects for the rich and evil. There is no reason they should profit from something that God gave to man to use, when they do none of the real work involved. They have made this a nation of people who make nothing of real value to sustain life. Taxation is a form of extortion, when used with threats of imprisonment or financial indebtedness. Taxation without a guarantee, that the money will ONLY be used for a specific purpose, leads to corruption. The government has run this country into the ground with their money schemes.
America should be free, Marijuana should be free.
If your state says it will legalize marijuana with taxation, JUST SAY NO!
No taxation for growing for personal use.
Well, in the mean-time, we all have to deal with reality…you know, death and taxes and all that. The reality is…way too many people are taking advantage of the medical use act.
And by the way, you DON’T have the “right” to grow and use marijuana…unless you have a 215 card that is!
Really??!! (and all for that matter)
The Marijuana Regulation and Tax Act of 2012 is a measure that repeals prohibition on a formally legal herb or plant (Cannabis). Your meanderings about medical use are for another forum. This act would allow access for all not just medical users. This would also legalize hemp production and ensure further protection of medical users and caregivers.
Really!!??
I can only assume you work for a large pharma company or alcohol distributorship they are the only folks who stand to lose anything from this act. Please educate:
It is pretty tough to think that an herb that is completely safe from a health perspective can: fix your insomnia, cure cancers, relieve your menstrual cramps, mitigate your pain, provide thousands of other medical uses, entertain you and you can write your country’s declaration of independence on it is illegal. And it is unpatentable and can grow in your back yard!
Do you really think herb is illegal for any other reason than special interest groups (pharma, tobacco, alcohol) are pouring BILLIONS of dollars a year into programs like DARE and Partnership for a Drug Free America. Why would Pfizer donate to DARE? (this is all true you can look it up!)
You’ve been fooled by big money! Doh!
Marijuana will not cure cancer, it may only temporarely reduce pain. Marijuana is illegal and here are a few reasons why:
Marijuana as Medicine
Although U.S. law classifies marijuana as a Schedule I controlled substance (which means it has no acceptable medical use), a number of patients claim that smoking pot has helped them deal with pain or relieved the symptoms of glaucoma, the loss of appetite that accompanies AIDS, or nausea caused by cancer chemotherapy. There is, however, no solid evidence that smoking marijuana creates any greater benefits than approved medications (including oral THC) now used to treat these patients, relieve their suffering, or mitigate the side effects of their treatment. Anecdotal assertions of beneficial effects have yet to be confirmed by controlled scientific research.
Marijuana Dangers
•Impaired perception
•Diminished short-term memory
•Loss of concentration and coordination
•Impaired judgement
•Increased risk of accidents
•Loss of motivation
•Diminished inhibitions
•Increased heart rate
•Anxiety, panic attacks, and paranoia
•Hallucinations
•Damage to the respiratory, reproductive, and immune systems
•Increased risk of cancer
•Psychological dependency
“There is no evidence that marijuana is a medicine.” The truth: The medical literature on marijuana goes back 5,000 years. In a 1999 study commissioned by the White House, the Institute of Medicine reported, “nausea, appetite loss, pain and anxiety . . . all can be mitigated by marijuana.” In its April 2003 issue, the British medical journal The Lancet reported that marijuana relieves pain in virtually every test that scientists use to measure pain relief.
“The medical community doesn’t support this; just a bunch of drug legalizers do.” The truth: Numerous medical and public-health organizations support legal access to medical marijuana. National groups include the American Academy of Family Physicians, the American Public Health Association and the American Nurses Association. Regional groups include the New York State Association of County Health Officials, the California Medical Association and the Rhode Island Medical Society.
I know of no medical group that believes that jailing sick and dying people is good for them.
“Marijuana is too dangerous to be medicine; it’s bad for the immune system, endangering AIDS and cancer patients.” The truth: Unlike many of the drugs we prescribe every day, marijuana has never been proven to cause a fatal overdose. Research on AIDS patients has debunked the claim of harm to the immune system: In a study at San Francisco General Hospital, AIDS patients using medical marijuana gained immune-system cells and kept their virus under control as well as patients who received a placebo. They also gained more needed weight.
“There are other drugs that work as well as marijuana, including Marinol, the pill containing THC (the main psychoactive chemical in marijuana).” The truth: These other drugs don’t work for everyone. The Institute of Medicine noted: “It is well recognized that Marinol’s oral route of administration hampers its effectiveness, because of slow absorption and patients’ desire for more control over dosing.” Inhalation gives a more rapid response and better results. For some very sick people, marijuana simply works better.
“Smoke is not medicine; no real medicine is smoked.” The truth: Marijuana does not need to be smoked. Some patients prefer to eat it, while those who need the fast action and dose control provided by inhalation can avoid the hazards of smoke through simple devices called vaporizers. For many who need only a small amount — such as cancer patients trying to get through a few months of chemotherapy — the risks of smoking are minor.
“Medical-marijuana laws send the wrong message to kids, encouraging teen marijuana use.” The truth: That fear, raised in 1996, when California passed the first effective medical-marijuana law, has not come true. According to the official California Student Survey, teen marijuana use in California rose steadily from 1990 to 1996, but began falling immediately after the medical-marijuana law was passed. Among ninth graders, marijuana use in the last six months fell by more than 40 percent from 1995-96 to 2001-02 (the most recent available figures).
All we have to do is look at the world and reality and see that this drug that is being marketed as “medicine” is destroying lives and sending the wrong message to our youth.
Im sure Kubby and his people will deny this as well, but the FACTS are the FACTS.
I guess people that don’t want those negative effects should CHOOSE not to use marijuana. Like I CHOOSE not to use alcohol, guns and tobacco because they actually hurt people.
sandsconnect,
well good for you,marijuana actually hurts people or at least the effects of those who chose to smoke it then drive, 3 in 5 DUIs are marijuana not alcohol related
Marijuana legalization effort should not stop for one day until we win everywhere! Cannabis prohibition is doomed to failure, as it is based on a series of total “un-realities”, which no amount of repression can make “real”. Cannabis is NOT physically addictive as it lacks a documented physical withdrawal syndrome, the so-called “gateway drug theory discredited as invalid, much touted by the DEA drug Marinol is not at all the same as medicinal cannabis, smoking Cannabis does not increase the risk of lung cancer, and cannabis use suppresses violent behavior. These are REALITIES! To further say that Cannabis plant does not have medicinal properties is simply delusional and is a complete “break” with “reality”. If anti-Cannabis repression by the DEA and its allies were to be intensified, the rate of alcohol, cocaine, opiates, other hard drugs, alcohol, and dangerous prescription drugs would increase sharply. Neither the DEA, not its minions can make people perceive Cannabis as “unsafe”, where is in reality it is quite safe, much safer than alcohol and other alternatives. With the rise of the use of alcohol/hard drugs, the amount of violence and mayhem in this society will also rise, something that every mother and wife should consider. In these hard economic times our so-called “representatives” do not even dare talking about cutting the bloated DEA budget, especially its so-called “marijuana” enforcement, while they are willing to discuss cutting everything else. This is because the DEA and its minions are very good with attaching labels, and no one wants to risk being “labeled” as “soft on drugs”! The employment drug tests have a potential of “screening out” “Picassos”, and Lady GaGa’s, and Willie Nelsons, but letting people like Charlie Sheen and Mel Gibson slip through (if the employers are “lucky”). And to say that Cannabis Plant does not have medicinal properties is simply delusional! Cannabis prohibition, as based on glaring scientific and philosophical “un-realities” and can never succeed in the long run!
Cannabis prohibition is doomed to failure, as it is based on a series of total “un-realities”, which no amount of repression can make “real”. Cannabis is NOT physically addictive as it lacks a documented physical withdrawal syndrome, the so-called “gateway drug theory discredited as invalid, much touted by the DEA drug Marinol is not at all the same as medicinal cannabis, smoking Cannabis does not increase the risk of lung cancer, and cannabis use suppresses violent behavior. These are REALITIES! To further say that Cannabis plant does not have medicinal properties is simply delusional and is a complete “break” with “reality”. If anti-Cannabis repression by the DEA and its allies were to be intensified, the rate of alcohol, cocaine, opiates, other hard drugs, alcohol, and dangerous prescription drugs would increase sharply. Neither the DEA, not its minions can make people perceive Cannabis as “unsafe”, where is in reality it is quite safe, much safer than alcohol and other alternatives. With the rise of the use of alcohol/hard drugs, the amount of violence and mayhem in this society will also rise, something that every mother and wife should consider. In these hard economic times our so-called “representatives” do not even dare talking about cutting the bloated DEA budget, especially its so-called “marijuana” enforcement, while they are willing to discuss cutting everything else. This is because the DEA and its minions are very good with attaching labels, and no one wants to risk being “labeled” as “soft on drugs”! The employment drug tests have a potential of “screening out” “Picassos”, and Lady GaGa’s, and Willie Nelsons, but letting people like Charlie Sheen and Mel Gibson slip through (if the employers are “lucky”). And to say that Cannabis Plant does not have medicinal properties is simply delusional! Cannabis prohibition, as based on glaring scientific and philosophical “un-realities” and can never succeed in the long run!
It is indeed regrettable that Nevada Highway Patrol Officer JT Davis is so dangerously misinformed on this issue, especially when he claims that 3 in 5 DUIs are marijuana not alcohol related. A claim he fails to back up with any source. I suggest Officer Davis and anyone else who subscribes to such nonsense take a few minutes and see what real doctors have to say about the extraordinary medical benefits of cannabis: http://www.youtube.com/watch?v=LXL7kOKckcM
Really said: “It affects me because I see so much abuse of the system, and I see alot of the people who abuse the medical marijuana laws collecting welfare, collecting food stamps, collecting all kinds of state aid while they grow “medical marijuana” and sell it to the collectives tax free. They’re generally not paying ANY taxes at all, and leaching off the system that you and I work hard to pay for.”
Really!?! Cannabis advocates are trying to modify the law so that cannabis producers WILL pay taxes, and that will benefit YOU. Also, by not putting cannabis users in jail, YOU will benefit because you won’t have to pay $50K per year to house them, until they are released and go right back to doing what they were doing before. So, just as I thought, your opposition is strictly based on the fact that you simply hate to see people using cannabis, and it affects you personally in no way.
Steve, I have NEVER met one person who was arrested for a DUI under the influence of cannabis. It’s always for alcohol, and other nasty substances.
@really??!!
MY GOD SAID I COULD.
Genesis 1:29-31 (King James Version)
29 And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat.
But you allow the American Drug Cartel and their DEA enforcers to operate on your taxpayer money. I don’t pay taxes (I’m not required to, ask your government.), and I do grow marijuana for personal use, for forty years.
Live in California? Hang on. It’s going to be a very bumpy two years….human.
@jt davis
Would u still arrest someone for marijuana dui if they passed a field sobriety test??
We are assaulted and must respond to the Lyme Plague ( see plum island conspiracy theory by Jesse Ventura the former governor of Minnesota ).
Look at the time date action of the making of marijuana illegal.
We are surviving a living holocaust.
Why are we not using the 1946 tort law to make claim for the assault by the government?
Please please use whats left of your mind and living will while you can.
I believe your first hand knowledge of the degree of inability to respond to reasonable fact has lead to the necessity of a logical conclusion. We have an international problem with the US military facing a human rights violation for war crimes against citizens of many nations as a result of biological war.
The cannabis community realizes the human rights violations and is focusing on utilizing the united nations human rights efforts to plea the case and facilitate international resolve.
To respond to some eariler comments, there has been an actual rise in those arrested for driving with under the influence of marijuana, read you local newspapers and police blurps, under the influence is under the influence.
What if your under the influence of tabacco or caffiene?? Being under the influece of a substance is a broad term.. understandable that medical marijuana is to some degree mind altering.. In my opion caffeine and tabacco can also be mind altering to certain ppl in cetain situations…That being said if one passes a field sobiety test and still gets arrested i find that to be unfair.. Just as with alchohol your allowed to drink a certain amount of alchohol before getting arrested (0.8)..So untill they can find a way to test ur marijuana blood level i see it unfit and unfair throwing everyone in jail for suspicion of driving under the influence…
i believe there are illegal levels of marijuana that muust be present in ones system, and I also believe that impairment must be observed to be arrested. Marijuana is not at all like caffefine or tabacco. No one can get so hopped up on a few coca colas that it effects there judgement, driving, perception of time or ability to operate a vehicle, yet with marijuana that is in deed the case.
idk from my experiance with tabacco and caffiene u dont want me using these substances and driving…As far as smoking a cigarette and driving, my judgment, perception and my ability are all impairded.. trust me u dont want me smoking cigarettes and driving it would be unsafe for YOU.. Tahoe k do u smoke pot??? if not then maybe u should try talking about something u know personnaly and not what u think u know.. just like with cigerettes marijuana takes time for the body to adjust.. once the body has time to adjusted the affects arnt nearly as powerefull… If u dont like marijuana thats yr choice.. but please keep yr opionoins about being hopped up on pot to yrself..
The right push means a lot.
The collectives should find themselves motivated to mitigate the biological terrorism from known assault.
You have to fight.
California Goes After Pot Shops for Back Taxes
By Peter Hecht – Sunday, March 13 2011
Its better AND healthier than cigs! So! take them off
Feds Threaten State Dispensaries Nationwide
By Cannabis Therapy Institute – Friday, March 18 2011
Tags: Activism,Headline News,DEA,dispensaries,Federal Law,Health,MEDICAL MARIJUANA,OBAMA,raids,state law.
In a little-publicized memo, the US federal government has indicated that the gloves are off with regards to medical marijuana dispensaries, “regardless of state laws.”
Previous memos had indicated a loosening of federal prosecutions of medical marijuana, however the new memo states very clearly that the feds consider all dispensaries illegal under federal law and that their prosecution is a “core priority” of the feds.
Read the Department of Justice’s “Haag Memo” here: http://www.cannabistherapyinstitute.com/legal/feds/doj.haag.memo.pdf
The “Haag Memo” was written on Feb. 1, 2011 from United States Attorney Melinda Haag (Northern District of California) to John A. Russo, Esq., Oakland City Attorney, in response to an Oakland City Council request for guidance regarding medical marijuana and federal law. The memo was written with consultation and approval from U.S. Attorney General Eric Holder.
Read the Original Story in the Medical Marijuana Business Report
The “Haag Memo” clarifies the “Ogden Memo”, which was written by former Deputy Attorney General David W. Ogden on Oct. 19, 2009 for the Department of Justice. The “Ogden Memo” seemed to indicate that the new Obama administration would restrict federal prosecution of medical marijuana providers in states that had medical marijuana laws. This was heralded by many as giving them the green light to pursue medical marijuana activities, as long as they were in compliance with state law.
The “Haag Memo” clears up that misconception with some very unambiguous statements. The memo says clearly that the feds will not look the other way on medical marijuana. The “Haag Memo” states very clearly that the feds will continue to investigate, arrest and prosecute medical marijuana dispensaries in every state “regardless of state laws.”
AdvertisementIn addition, the memo calls prosecuting medical marijuana dispensaries a “core priority” for the feds.
According to the memo, medical marijuana commercial activity is still considered by the Department of Justice to be “a violation of federal law regardless of state laws permitting such activities.”
The memo may be the cause of the recent increase in federal raids at medical marijuana dispensaries. Only 4 days after the memo was issued, the DEA raided 4 dispensaries in California Just this week, the DEA raided more dispensaries in California and Montana. They arrested dozens of people, and seized the assets and bank accounts of several dispensaries.
IMPLICATIONS FOR COLORADO
“Maybe this will wake people up who think that it can’t happen here,” says Kathleen Chippi of the Colorado-based Patient and Caregiver Rights Litigation Project (cannabislawsuits.com), who is trying to raise money to
file lawsuits to uphold Colorado’s Constitutional right to cannabis medicine. Many legal observers agree that Colorado has the best chance of fighting the feds in court because Colorado is one of the only states whose medical marijuana law is actually in the state Constitution.
However, last year the state of Colorado set up a regulatory scheme that required caregivers to surrender their Constitutional rights. The state created a new entity called a Medical Marijuana Center (MMC). However, in order to apply to become an MMC, the applicants had to surrender their Constitutional rights to be caregivers, leaving them with no Constitutional protection.
MMC applicants also had to sign their power of attorney over to the state Department of Revenue for extensive investigations of every aspect of their lives, including family, spouses, children, and bank accounts. Over 700 people applied to become MMCs last July 1, 2010. The investigations on these applicants are in full swing, and no licenses to applicants have yet been granted.
MORE QUOTES FROM THE HAAG MEMO
“We will enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.”
“Others who knowingly facilitate the actions of the licensees, includmg property owners, landlords, and financiers should also know that their conduct violates federal law.”
“As the Attorney General has repeatedly stated, the Department of Justice remains fumly (sic) committed to enforcing the CSA in all states.”
READ THE DOJ MEMOS
“Haag Memo” (Feb. 1, 2011)
http://www.cannabistherapyinstitute.com/legal/feds/doj.haag.memo.pdf
“Ogden Memo” (Oct. 19, 2009)
http://www.cannabistherapyinstitute.com/legal/feds/doj.ogden.memo.pdf
Protest Federal Intervention into State Medical Marijuana Laws Call the White House at (202) 456-1414 between 9:00 AM to 5:00 PM EST and send an email right now: SEND THE WHITEHOUSE AN EMAIL
http://www.thehumansideoflyme.net/
LYME IS A
BRAIN DISEASE (neuroborreliosis)
By Virginia T. Sherr 7-31-05
Lyme borreliosis is a brain disease as well as a multisystemic disease caused by spirochetal bacteria.* Quite frankly, it is an infection that has been burdened with a thousand inaccurate medical diagnoses. The manner in which the current pandemic of tertiary Lyme disease, neuroborreliosis, has usually been handled— either angrily dismissed or strangely misdiagnosed–throughout the 30 years following its “discovery,” has blemished the historic excellence of modern American Medicine.
After all the years, neuroborreliosis is still actually considered rare by a majority of physicians, most of whom are spirochetally naïve. Officially tallied patients (the numbers showing a dip down to 19,804 cases in 2004 after flawed reporting styles were instituted), when combined with uncounted cases may approach upward of an annual quarter million new borreliosis infections in the USA alone. And Lyme infections have been verified as present on all but one continent, globally. The disease is more often than not accompanied by several of a half-dozen or so of the other serious tick-borne co-infections that currently have been identified.
Losses of acuity in the human brain’s visual cortex have been observed as early as 6 hours following the toxic bite of an infected tick. Lyme may persist after too brief a period of treatment or if there has been no treatment, and may result in chronic infections whereupon Lyme borreliosis becomes a potential cause of every symptom in medical and psychiatric lexicons. It is the “Great Imitator” of this Millennium, spirochetal paresis (neuro-syphilis) having been its precursor and its model.
Chronic or persistent Lyme disease–neuroborreliosis–seldom is identified by the symptoms of its most frequent form—subacute encephalitis–an infected/inflamed brain as well as an infected nervous system. However, this is the form in which it most commonly exists. Unfortunately, the syndrome that is falsely considered typical–a bull’s eye rash, fever, positive Elisa test, and/or a swollen large joint–occurs in fewer then half of proven cases. Instead, Lyme borreliosis confirms itself in subtle to profound neuro-psychiatric symptoms, such as overriding confusion, loss of organizational skills, decreased concentration, memory loss, mood disorders, irritability, and unprovoked rages–to mention just a few. These symptoms can be very obvious to an experienced professional practicing in a Lyme-endemic area. However, cerebral-behavioral symptoms of neuro-Lyme remain invisible to those whose diagnoses are solely based on old-fashioned concepts limited only to the aforesaid doctor-viewed rashes, swollen knees with positive Elisa blood tests.
Blood tests completed by local labs most frequently show false negatives due to general laboratories’ inadequate understanding of proper diagnostic technique and choices of poor quality spirochetal samples on which to base tests. Of course, insurance companies prefer their negative tests. As mentioned, Lyme can rapidly go from Stage One (Early borreliosis) to Late (Tertiary) Stage disease following attachment of an infected deer tick’s or other vector’s bite so that quick and competent treatment are of the greatest importance. Later, accurate findings by sophisticated laboratories may be helpful, especially if Late Stage symptoms appear many years after the infection.
Over the years, I have been asked to create a compendium of my published and unpublished works on the subject of Borrelia’s neuropsychiatric epidemic. These literary contributions advocate for correction of medical neglect–the usually inadequate, sometimes cruel, diagnostic and treatment neglect experienced by victims of chronic Lyme borreliosis and its co-infections. I also have had articles published in an effort to attract attention from Organized Medicine—attention badly needed on behalf of a nearly invisible but serious epidemic that is more significant by far than anything this country has experienced since the Spanish Flu of 1918, the causative spirochete being less immediately deadly than was the virus of that epidemic, but deadly, nonetheless, cerebrally.
Sadly, Organized Medicine has mostly ignored or deserted the field of neuro-Lyme’s immense proportions. The American public rapidly is becoming jaundiced toward doctors’ lack of up-dated knowledge of spirochetal science and, having read the latest (indeed copious) peer-reviewed recent literature for themselves, are turning to other disciplines—even to veterinarians for accurate medical advice on the subject of Lyme disease and its co-infections. Veterinarians are more up to date on the diagnosis and treatment of human Lyme than the “Diagnose-and-treat-by-the-old-Guidelines” types of powerful but passé Academic physicians who cling to outdated medical dogma.
I have written about the rampant epidemiology of neuro-Lyme disease and its potent co-infections (especially the red cell parasite that causes babesiosis) and the fact that these are being systematically ignored, minimized, or distorted by this Nation’s overseeing Healthcare Agencies. Astoundingly, there are Agencies that, in ignorance or arrogance, may actively persecute the victims of such borrelial, pan-systematic illness, traumatizing parents and children as well as their treating physicians. There are those in authority who sponsor the official separation of children from parents whose only sin is that they persist in seeking help for their ailing children. Tragically, those authorities are empowered to permanently remove sick or partially healed young ones from their devoted families.
To their everlasting shame, medical authorities have stood by while innocent mothers have been sent to jail for insisting that their children were ill and again have stood by while the parent’s belief was verified by the death of their sick child while under State “care.” The rights of patients and their treating physicians have been trampled by governmental and insurance agencies in ways reminiscent of the era when AIDs was trivialized and its victims spurned as “psychosomatic.” Today’s infected millions worldwide show how wrong they were. The phenomenon of that epidemic is being repeated with the spread of Lyme borreliosis. My writing is an effort to illuminate this dark and now vast expanse of Medicine and to inspire activism and compassion for those patients who are suffering in agony while having to hear caretakers say, “I don’t know what you are worried about–you look just fine–maybe you are just depressed.” Or as one unknowing, dismissive and flippant doctor joked to a frightened patient who came to him for treatment and reassurance, “Well, we all have to die of something, sometime.”
*Alan G. Barbour, MD: “These tick-borne infections are notable for multiphasic antigenic variation through DNA recombinations in the case of relapsing fever, the occurrence of chronic arthritis in the case of Lyme disease, and invasion of and persistence in the brain in the case of both diseases.”
http://www.ucihs.uci.edu/microbio/