Cannabis News DrugSense
  2 Activists See Drug Raids as Revenge
Posted by CN Staff on January 19, 2007 at 10:29:24 PT
By Maureen O'Hagan & Diane Brooks 
Source: Seattle Times 

medical Seattle, WA -- When a drug task force raided the homes of Steve Sarich and John Worthington last week, the two men loudly proclaimed it was retaliation for their support of medical marijuana.

It was a "political assassination," said Sarich, who runs an advocacy organization called CannaCare.

Some might say the two men are misplacing blame, especially considering the size of Sarich's marijuana garden, which at one point filled almost a full floor in his Northeast Everett home. But a close look at court documents suggests that, in some ways, their activism did lead law enforcement straight to their doors. According to court documents, a multiagency drug task force found and confiscated more than 1,500 marijuana plants in Sarich's home and a handful in Worthington's. Neither man has been arrested or charged.

Sarich and Worthington came to the attention of the task force last year, when they filed declarations in support of another man facing federal marijuana-distribution charges, according to court documents relating to last week's raids.

The prosecutor on the case asked Bremerton Police Detective Roy Alloway, who serves on the drug task force, who they were. He soon learned that Worthington, of Renton, had a habit of sending e-mails to law-enforcement and government officials complaining about what he saw as the unfair targeting of medical-marijuana patients.

Based on that, Alloway wrote in court papers, "I decided to investigate these individuals."

The detective obtained utility-bill records showing Sarich was using about five times more electricity than the average area resident, court documents state. Also, a marijuana odor could be detected outside his home, according to court documents.

That was enough for a judge to sign a warrant to search Sarich's home. The search-warrant application for Worthington's home, which was made over the telephone rather than on paper, was not immediately available.

Sarich said his marijuana "nursery" is all for CannaCare members, each of whom has a doctor's authorization to use pot for medical reasons. Under Washington's medical-marijuana law, passed by voters in 1998, a patient is permitted to designate a "caregiver" to grow marijuana for him or her. But a patient may not have more than a 60-day supply.

Washington State Patrol Sgt. Carlos Rodriguez, who heads the drug task force, conceded that what makes a 60-day supply is open to interpretation.

"But 1,550 plants — that's ridiculous," he said.

Sarich said the number of plants shouldn't be the focus; many of them were tiny and hadn't produced a usable crop.

Worthington, on the other hand, had six plants. He has his doctor's authorization to use marijuana to ease chronic pain caused by a degenerative bone disease.

Officers on the task force normally target what they call mid- to upper-level drug distributors. Six pot plants usually don't qualify, Rodriguez said.

"It kind of looks like they made a mistake," said Worthington's lawyer, James Lobsenz.

Worthington, who used to belong to CannaCare but said he parted ways with Sarich last spring, has repeatedly complained to a number of officials about the activities of the task force, especially the actions of Alloway.

Sarich said he and Worthington recently delivered to the state Legislature a report summarizing their yearlong investigation into the practices of drug task forces, which they said routinely violate Washington law.

The ACLU of Washington, which is involved in medical-marijuana issues, is concerned because agents also seized medical records of about 200 patients from Sarich's house.

"We're looking into what can be done to protect them," Washington ACLU spokesman Doug Honig said of the patients.

Meanwhile, the U.S. Attorney's Office is deciding whether the cases should be handled by state or federal authorities.

A federal prosecution would mean that neither man could claim he was growing marijuana for medicinal purposes. Federal law does not recognize the medical use of pot. The pair could, however, make that argument in state court.

Source: Seattle Times (WA)
Author: Maureen O'Hagan & Diane Brooks, Seattle Times Staff Reporters
Published: January 19, 2007
Copyright: 2007 The Seattle Times Company
Contact: opinion@seatimes.com
Website: http://www.seattletimes.com/

Related Articles & Web Site:

CannaCare
http://www.cannacare.org/

Medical Marijuana Advocacy Group Raided
http://cannabisnews.com/news/thread22539.shtml

Medical Marijuana Advocate Fuming Over Raid
http://cannabisnews.com/news/thread22537.shtml

Agents Raid Medical Marijuana Advocacy Office
http://cannabisnews.com/news/thread22529.shtml


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Comment #15 posted by doc james on January 21, 2007 at 08:35:04 PT
what compassionate use program?
The long defunct IND program? If so then back in 1999 attorney larry Hirsch on behalf of over 300 patients, did sue the federal government in a class action lawsuit to reinstate the IND program. We had a brilliant team of attorneys and still lost when the judge ruled that the feds had the right to end the program. He did however slam the feds for not doing any followups on these legal 8 @ the time as far as medicinal studies. The feds will never allow this medicine to be legalized as they would all lose their jobs.

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Comment #14 posted by publicbulldog on January 20, 2007 at 10:52:51 PT:

legislating from the bench
LEGISLATING FROM THE BENCH

When the questions regarding Washington State medical marijuana were not defined clearly enough by The Initiative or Washington State Legislature ,the Counties that did not like The initiative as written ,pursued a remedy thru conservative local courts.

Case law adjustments were made to the Washington State medical marijuana law ,by Conservative Counties that refused to allow any wiggle room for Washington State medical marijuana patients. These Counties all had a pattern of assuming a Washington State medical marijuana patient was guilty of selling what was in their view an excess amount. Medical marijuana plant limits achieved thru case law went as low as 5 due to the Washington State controlled substances act which defined a commercial operation to be anything over 5 plants. Clearly this case law for Washington State medical marijuana plant limits was driven by the forfeiture laws of the Washington State controlled substances act, not medical science,or any legitimate Medical marijuana dosage requirement studies. however, the Conservative Counties waved the 5 plant medical marijuana plant limit around from meeting to meeting ,to show they had obtained a 5 plant limit from a conservative Judge legislating from the bench. In other case law adjustments to the Washington State medical marijuana law yet another Conservative County Court determined that the Authorization form was not clear enough. Yet another case law adjustment to the Washington State medical marijuana law caused the Doctors to list an amount of medical marijuana plants to be grown to advise law enforcement. This caused some doctors to declare a conflict with Federal law that would prevent them from signing authorizations. Clearly this case law precedence was designed to prevent there ever being any authorizations being written. This all but excluded Washington State physicians from signing Washington State medical marijuana authorizations. This is why now all of the authorizations in Washington State are being done by Medical Marijuana medical specialist. One of whom,Dr Thomas Orvald had no problem writing an amount of medical marijuana plants to be grown ,much to the chagrin of the conservative Counties ,and Doug Hiatt a movement head Attorney that criticized Dr Orvald in the Seattle times. The Conservatives and pro case law crowd was clearly upset with Dr. Orvald ,whom as a matter of fact was harassed by the Chehalis police department officers that traveled all the way from Chehalis to Dr Orvald's Bellevue office to try and intimidate Dr. Orvald. This was all the end result of having the Washington State legislature failing to aide the initiative. Standing by for 8 years enabled the Legislation from the bench of conservative Counties to establish a case law standard to render the Washington State medical marijuana law useless.



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Comment #13 posted by publicbulldog on January 20, 2007 at 10:51:52 PT:

medical mj vs recreational mj
MEDICAL MARIJUANA VS RECREATIONAL MARIJUANA

Medical marijuana needs to be fresh, and kept fresh in mason jars or other airtight containers to maintain the freshness. The medical marijuana needs to be grown without using pesticides or mitesides during the budding process. Generally speaking Canadian Marijuana or BC Bud is not of medicinal quality ,unless it has just been run across the ditch recently. Canadian marijuana or BC Bud as it is referred to in law enforcement circles,and legislative circles is not 600 times more powerful than a locomotive. BC Bud for the most part is hay in comparison to local fresh marijuana,and is more appropriate for the recreational users on the tavern circuit,and not suitable for Medicinal use. BC Bud sounds good to the Judiciary committees during appropriations for criminal justice funding,but it is merely a sales slogan for law enforcement that is seen and heard all too often. Most Americans see and hear BC Bud and think of some new super bud epidemic that they heard about on 60 minutes,and they feel that justifies a higher criminal justice budget they are paying out. The Fact is the highest THC level ever recorded by Law Enforcement was a crop of Marijuana grown in Oregon. BC Bud is hay for the recreational user, a health hazard for medical marijuana users ,and a sales pitch for Law Enforcement to the County Council ,City Council, or the State legislators. BC Bud is not 600 times more powerful than a locomotive.... with more THC than any other Marijuana. The fact is Medical marijuana patients need fresh cannabinoids not fresh THC. BC Bud smuggled into the United State in food ,or other products they are packed into lose their potency and become old by the time they can be used by Washington State Medical marijuana patients. The profile and perception of marijuana use for medical marijuana patients differs from that of the recreational user. Baggies,joints and pipes are being replaced by mason jars and vaporizers.

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Comment #12 posted by publicbulldog on January 20, 2007 at 10:50:22 PT:

major problems with the WS mmj law
MAJOR PROBLEMS WITH

THE WASHINGTON STATE MEDICAL MARIJUANA LAW

Many people on both sides of the issue take advantage of what is in the law ,and what is not in the law. Patients can take advantage of the lack of clear definition in the 60 day supply part of the law by growing excess marijuana for selling to other medical marijuana patients or recreational users.

Gray Marketeers take advantage of the law by growing wholesale and selling retail ,or buying wholesale and selling retail. Innocent patients are being misled and entrapped into thinking they can grow any amount then are being arrested for growing too much ,and assumed by Law Enforcement to be selling their medicine based on a number of plants ,and charged without being caught selling their medicine. The 60 day supply issue needs to be clarified so that Gray Marketeers can not become wholesale retail operations. The problem with arresting patients based on plant numbers is that until the marijuana has finished budding and has not contracted a disease ,and is cured properly ,it is not medicine. Law enforcement needs to catch patients selling their medicine ,and charge them under the Washington State controlled substance act and not assuming they are selling based on a plant number.

Law Enforcement takes advantage of the lack of punishment for violating 69.51A.040,and 69.51A.050 because those laws come with no punishment. Those laws are the backbone of the Medical Marijuana initiative and need to come with punishment for being violated or Law Enforcement will continue to violate those laws. Rogue County secessionist routinely violate the Washington State medical marijuana initiative. The sick ,old ,poor and less knowledgeable patients have to go to the Gray market or the Black Market to get their medicine. The State needs to provide the service so the gray and black markets do not have to. medical marijuana patients need to be able to legally get cuttings and seeds for medical marijuana to become self sufficient. Patients should not have to go to Canada, or Amsterdam to get their seeds, and to the Black market for cuttings. Gray Marketeers can not be relied upon to distribute plant cuttings. This legislative session these problems with the Washington State medical marijuana law need to be addressed.

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Comment #11 posted by publicbulldog on January 20, 2007 at 10:48:27 PT:

no help from the non profits
NO HELP FROM NON PROFITS

If a Washington State medical marijuana patient is arrested ,and does not happen to have $10,000 lying around then they have to defend themselves or strictly advise their public defender.

Washington State medical marijuana patients can not count on any help from the Non Profit Groups that they may expect to rely on to come to the rescue ,unless they are caught with 500 or 1000 plants, or Unless their case looks good in the newspapers.

The average medical marijuana patient is on their own ,and must rely on their knowledge of the law in order to protect themselves. Some of the Washington State public defenders have almost zero knowledge of the law. Some Attorneys have not even seen the medical marijuana law before advising their clients.

Washington State medical marijuana patients are for the most part on their own. If they run into a problem with law enforcement, Particularly in neo conservative rural area's ,the Washington State medical marijuana patient needs to become more aware of the Washington State medical marijuana law, as well as Washington State law, and Washington State constitutional law in order to provide a defense for themselves. Washington State medical marijuana patients can not count on non-profits to come to the rescue ,nor can they expect up to date legal knowledge of the law from their State or Federal public defender. Washington State medical marijuana patients are on their own

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Comment #10 posted by publicbulldog on January 20, 2007 at 10:47:26 PT:

marijuana enforcement industry
MARIJUANA ENFORCEMENT INDUSTRY

Marijuana enforcement is a billion dollar a year industry. Federal ,state county and city enforcement agencies have Taken the billions of tax dollars allotted to them and grown to epic proportions.

The marijuana Enforcement Industry is the cash cow for the high priced Marijuana Defense attorneys that advertise through Normal and Hemp-fest.

Despite the local Seattle initiative I-75 that makes marijuana less of an enforcement priority ,and The state Medical marijuana Initiative I-692,Law enforcement investments have not been reduced to reflect those initiatives. It is business as usual for the marijuana law enforcement industry.

The factions of the marijuana enforcement industry want to keep on with the enforcement of the marijuana crimes because it is a nearly risk free cash cow Career.

Initiatives mean nothing to them. 16 counties in the state of Washington completely ignore the medical marijuana initiative Because the initiatives are a threat to the State ,County ,and City marijuana enforcement industry public trough..

The federal government which grows and ships marijuana to 5 federal medical marijuana patients, fights the medical marijuana use for states ,because it is a threat to the federal marijuana enforcement industry public trough. Our transportation infrastructure is in desperate need of investments. The capitalism process can't fix our transportation problems in stride, and keep putting tax dollars in the marijuana enforcement industry public trough.

Small business's is a non profit hamster wheel because of the Government overhead. Small business is to the chin line. If you were to look at the world through small business colored glasses you would see the need to prioritize.

The will of the people of Washington state, and the initiatives they have passed to create this prioritization have been completely ignored by neo conservatives and factions of the marijuana enforcement industry that fear the Marijuana enforcement industry trough reductions.

High priced pot attorneys are desperate to keep the marijuana enforcement industry alive and kicking. This faction masquerades as a savior to promote marijuana freedoms and protect those caught up in the wheels of the marijuana Enforcement industry while they slow down the legalization movement and undermine the State medical marijuana laws. The high priced Marijuana attorneys supports medical marijuana plant limits and the lack of clear posting of these plant limits guidelines. This creates more work for them. This faction enjoys a cash windfall, and helps thwart any grassroots movements to publicize and change the unpublished medical marijuana plant limit law.

The Washington state medical marijuana law does not have plant limits.

The high priced marijuana attorneys know this.

However, the High price marijuana attorneys that advertise on the Hempfest and on Normal website, intentionally lose suppression hearings, by not defending their clients from the obvious violations of the law in order to extract an additional 10 to 30 thousand dollars from their clients. Our state Has medical marijuana patients all over the state being turned into felons. These people were led to believe there was a medical marijuana law in our State grew marijuana for medical purposes, then were arrested by The Washington state law enforcement industry ,and told they better agree to cop a deal to be a felon or else they will be handed over to the Feds where they have no rights ,and face the threat of minimum sentencing guidelines.

This is all the work of the marijuana enforcement industry. Taking a capable worker out of the capitalism process and putting them on the marijuana enforcement industry cart and having to put even more money in the marijuana enforcement industry public trough, requiring yet another illegal alien to do that job.

If you were to look at the world through small business colored glasses you would be able to see what we do not need and where we need to cut....The marijuana enforcement industry

When this issue is looked at through union colored glasses or moral colored glasses this issue is ignored to keep the money in the marijuana enforcement trough and pass an additional series of taxes to fix roads that should be fixed using the marijuana enforcement industry funds.

Instead of putting small business on a non profit hamster wheel by raising taxes over the chin line ,we need to Honor our state and city initiatives ,and cut the marijuana enforcement industry funding and handle our transportation infrastructure problems more in stride ,so we do not kill the golden goose before it has a chance to lay the golden egg.



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Comment #9 posted by publicbulldog on January 20, 2007 at 10:46:11 PT:

MEDICAL MARIJUANA GRAY MARKETEERS
MEDICAL MARIJUANA GRAY MARKETEERS

In the State of Washington there are several Medical Marijuana groups that take advantage of the Washington State Medical Marijuana law.

These Gray Marketeers sell medical marijuana at black market prices to the needy Washington State Medical marijuana patients. The Gray Marketeers are profiting from the lack of clear definition of the Washington State medical marijuana law, and the lack of law enforcement interference. The Gray Marketeers are selling substantial amounts of Medical marijuana. This is a very profitable endeavor for the medical Marijuana Gray Marketeers .

Given the price of an ounce of Medical Marijuana is $350. or more ,$10,000 to$25,000dollars a week for some Gray Marketeers is not out of the question. However, the quality , and safety of some Gray Marketeers product is not of medical grade, as some Gray Marketeers take advantage of the lack of testing to assure quality control. Also, these Gray Marketeers do not pay taxes on their substantial incomes. The State of Washington needs to eliminate the Gray Marketeers by growing and distributing their own medical marijuana legally under the Federal controlled substances act. Developing a Washington State research/dispensary program would eliminate the Gray Marketeers , and bring vital tax dollars into the Washington States general fund. The Gray marketeers a Doug Hiatt .represents the Gray Marketeers in King County. Doug Hiatt has a relationship with the ACLU ,and the ASA. This Gray Marketeers stakeholder group has lobbied the Washington State Legislators to protect their Gray Market by making sure the Washington State medical Marijuana law remains the same so the Gray Marketeers can continue to real in the cash. This Gray Market Stakeholder group will fight any attempts to change the Washington State Medical Marijuana law in order to maintain their Gray market and their Gray Marketeering ..

The lack of clear medical marijuana plant limits in the Washington State medical marijuana law is allowing the Gray Marketeers to grow Gray market volume. This Gray Marketeer stakeholder group must be ignored for what they are. The State of Washington needs to provide the medical marijuana because they can do it legally, The State can provide safe medical marijuana, and the State needs the Tax dollars. Washington State needs a safe legal medical marijuana research/ distribution system run legally under the Federal Controlled substances act by the State of Washington using duly authorized State ,County or City employee's. This program should be Approved by the State of Washington, and taxed by the State of Washington. Washington State needs a medical marijuana research dispensary pilot program to eliminate the Gray Market and the Gray Marketeers .



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Comment #8 posted by publicbulldog on January 20, 2007 at 10:43:59 PT:

Rouge Secessionist
ROGUE SECESSIONIST

Randy Drake was the contact and commander of West Net ,a multi jurisdictional drug task force. Now he is the regional commander of Western Washington multi jurisdictional drug task forces.. Enclosed In Exhibit 1 are public disclosure documents that detail communications between Randy Drake and Fred Caruso of the Attorney General’s office, that show not only the awareness of West Net member Roy Alloway's illegal guideline not authorized by any Washington State law, but also show a meeting in which it was discussed.

In the Washington State Patrol website showing the Narcotics section of the Washington State Patrol. The statements in Exhibit 2 indicate that that the Washington State Patrol coordinator, coordinates meetings, maintaining links between task forces ,monitors the progress of the task forces. This information suggests that the Washington State patrol is the lead agency or the drug task forces.

If you were to call West Net and ask who is in charge of West Net ,you will be told that Sergeant Carlos Rodriguez of the Washington State Patrol is in charge of West Net. If you would have called West Net in 2004 they would have told you that Sergeant Randy Drake was in charge of West Net. If you were to look on the CTED website to see whom the lead contact for Multi jurisdictional drug task forces are you will see LT. Rich Wiley. In addition to that, information obtained from the State of Washington that shows Attorney General Job category descriptions. In the Job Category descriptions it clearly states that the Attorney General 4 is the lead for multi jurisdictional task forces. The Job description in Exhibit 3 says Lead investigator for one or more multi-jurisdictional task force(s) on an on-going basis; Where I come from Lead means lead as in charge of. Perhaps lead means something else ,But to me Lead means Lead as in Leader.. Public disclosure documents enclosed show Fred Caruso of the Attorney Generals office organizing meetings and requiring the attendance of the Multi jurisdictional Drug task forces West Net's Roy Alloway. This organizational activity from Public disclosure documents suggests that The Attorney Generals office is the Lead agency for the Multi jurisdictional task forces.

Furthermore Paul Perz of CTED has informed me that the Washington State Patrol is supposed to keep them briefed on the progress of the multi jurisdictional drug task forces. The Washington State Patrol's narcotics section posting above, corroborates that statement. Mr. Perz of CTED was not aware of such a wide range of Plant limits being enforced across Washington State nor was Mr. Perz aware that 8 Counties decided not to allow a Washington State medical marijuana law at all. If CTED would have known of such a wide range of plant limits ,as well as some Counties that refused to honor the medical marijuana law at all ,they would have been sure to inform the Washington State legislature. After all when the Washington State legislature was informed ,the legislators that were told of this situation were shocked to find out about this situation ,they simply had no idea this was even happening. The Washington State legislators that were informed were in disbelief that we could be paying Washington State tax dollars to Counties that were violating Washington State laws. Clearly, the Washington State Legislature would not have paid for Washington State laws to be broken. In order for this situation to have happened, The chain of command would have to be broken. Clearly in this dispute the chain of command was broken by the Washington State Patrol ,and the Washington State Attorney Generals office. In order for the Washington State legislature to be aware of Washington State laws being broken by Washington State multi jurisdictional drug task forces ,and rogue County Sheriffs, CTED would have had to inform them that Washington State laws were being broken. In order for CTED to know that Washington State laws were being Broken by Washington State multi jurisdictional drug task forces and rogue County Sheriffs, The Washington State Patrol or the Washington State Attorney General would have to tell them. The fact is The Washington State legislature was kept in the dark of these illegal medical marijuana plant limits and failure to follow Washington State law, by the Failure of the Washington State Patrol, and the Washington State Attorney Generals office to monitor the Washington State multi jurisdictional drug task forces ,and other Counties that received CTED funding, and report back to the CTED, whom in turn notifies the Washington State legislature.. The Fact is the Washington State Legislature paid Washington State tax dollars to multi jurisdictional task forces and rogue County Sheriffs to enforce what ever they wanted. If you were to ask the Washington State legislature would you fund multi jurisdictional drug task forces, and rogue County Sheriffs with Washington State tax dollars to do whatever they wanted , the answer would be of course not.

These Washington State tax dollars were given to the Multi jurisdictional drug task forces, and rogue County Sheriffs with the understanding that Washington State laws would not be broken. These Washington State tax dollars were not given to the Washington State multi jurisdictional drug task forces ,and rogue County Sheriffs, to develop a separate sovereignty to that of the State of Washington, and operate with the tacit approval of the Washington State legislature to enforce a separate law than that of Washington State. The fact is the Washington State legislature was completely unaware of such blatant violations of Washington State law.

The fact is these declarations of separate sovereignty by Multi jurisdictional drug task forces ,and Rouge County Sheriffs were kept from the Cities ,Counties , State ,and the Washington State legislature, whom failed to prominently display any of these plant limits ,or failures to uphold Washington State law, for the public to resort to in a WAC ,RCW, County ,or City ordinance. The failure of the Washington State Attorney General to lead the Multi Jurisdictional drug task forces, and the failure of Washington State Patrol Commanders to monitor Washington State drug Task forces ,and rogue County Sheriffs ,and report their declarations of separate sovereignty back to CTED, so the Washington State legislature could properly challenge this declaration, and stop the funding to these rogue multi jurisdictional drug task forces and rogue Counties. ,caused Washington State medical marijuana patients to be adversely effected by an unposted unauthorized illegal plant limit which was enforced on them by multi jurisdictional drug task forces, and rogue County sheriff offices.. This makes the State of Washington Liable for the actions of a Rogue Multi jurisdictional drug task forces ,and rogue County Sheriff offices that declared a separate sovereignty to that of Washington State while under the direct command of the Washington State patrol ,and while being led by the Washington State Attorney Generals office, while being funded by the State of Washington Through CTED, as detailed in Exhibits 4,and 5.

The chain of Command is clear.

The Chain of Command is posted on CTED ,Washington State Patrol, and State of Washington’s Website. The Chain of Command failed to act and respond to Multi jurisdictional drug task forces, and rouge County Sheriff offices that declared a separate sovereignty to that of the State of Washington.

The Washington State legislature was kept in the dark by the Washington State agencies assigned to monitor and control CTED funding to multi jurisdictional drug task forces ,and rogue County sheriffs offices.

The State of Washington violates the Washington State Constitution, by Continuing to fund these separate sovereign territories, to enforce a separate unauthorized law than that which is posted in WAC ,RCW ,Washington State County ordinances, or Washington State City ordinances, with Washington State tax dollars.

The State of Washington Is liable for the Actions of these separate Sovereign territories, and the damage caused by the rogue separate elements whose declaration of separate sovereignty was held from the Washington State legislature by the Washington State agencies tasked to monitor and control them. The State of Washington has allowed Washington State laws to be broken by rogue multi jurisdictional drug task forces ,and rogue County sheriffs offices.

Exhibit 6 is a list of all of the Washington State laws the Rogue sovereign territories violated using Washington State funds..

Exhibit 7 is a list of rogue County sucessionist that are violating Washington State laws The State of Washington needs to challenge the Rouge secessionist’s territories declaration of separate sovereignty, and challenge their succession from Washington state.

The State of Washington needs to stop all funding of the rogue secessionists by CTED.

All damages caused by the rogue secessionists using Washington State tax dollars should be paid for by the State of Washington.

All persons effected by the Illegal enforcement of unauthorized Washington State laws by the rogue secessionists using Washington State funds should be pardoned by the Governor of the State of Washington

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Comment #7 posted by publicbulldog on January 20, 2007 at 10:42:12 PT:

INTRODUCTION
INTRODUCTION

When the decision to use medical marijuana is made by a Washington State resident, the reality of the medical marijuana situation in Washington State is a shock to new Washington State medical marijuana patients.

The process of getting an authorization from a family doctor is next to impossible. The only resort is to pay a Medical marijuana medical specialist to get an authorization that the Family doctor should have given. The medical marijuana medical specialist does not have a practice that depends on Federal health care dollars. The Family doctor faces harassment, and threats from the Federal Government that are a threat to his career.. That is why the medical marijuana medical specialist is needed to get a medical marijuana authorization. When you do get your medical marijuana authorization you need to have a grow room and seeds or cuttings to start growing your own medicine. This can be an expensive endeavor that most medical marijuana patients can not afford to do ,or are physically unable to do. Many Washington State medical marijuana patients rely on Gray Marketeers to provide their medicine for them. The medical marijuana medical specialists provide a list of Gray Marketeers for the new medical marijuana patients once they receive their medical marijuana authorization. Most Gray Marketeers prefer to just sell medical marijuana ,and do not have cuttings or seeds readily available. For most Washington State medical marijuana patients getting self sufficient and out from underneath the Gray Marketeers or the local drug dealer is not an easy task. Therefore most Washington State medical marijuana patients are subjected to low quality medical marijuana that is purchased for a wholesale price ,and distributed by the Gray Marketeers or the local drug dealer. The practice of distributing medical marijuana by Gray Marketeers or local drug dealers does not ensure quality of the Medical marijuana or the safety of the medical marijuana patient. When the American Medical Marijuana Association tested the California medical marijuana dispensaries they found that half of them distributed contaminated medical marijuana unfit for consumption. Some of the substances found in the medical marijuana sold by unregulated California medical marijuana Gray Marketeers were avid, and Malathion.

The Gray Marketeers hold on the Medical marijuana Gray market has thwarted any attempts to develop legal State ,County, or City medical marijuana distribution systems. The Gray Marketeers have strategically aligned themselves with non-profit movement heads that control the legislative process and create the conditions for Gray Marketeering . The medical marijuana patients that manage to go at it alone, face the wrath of stubborn local law enforcement. In Washington State 16 counties have decided to change the medical marijuana law. These rogue secessionist ,have decided that their sovereign rights enabled them to enforce a local version of the Washington State medical marijuana law ,in conflict with their County Charter ,the Washington State Constitution, and Washington State laws. 8 rogue secessionist counties in Washington State defied the Washington State medical marijuana law altogether.8other rogue secessionist Counties illegally modified it.

Using Federal Byrne ,and JAG grants matched by the State of Washington and cheered on by the Washington State Attorney Generals office, these rogue secessionist defy the laws of Washington State and declare a separate sovereignty to that of Washington State. CTED, The funding agency is kept completely in the dark of these declarations of separate sovereignty, and continue to dole out funds to the new sovereign territories. The Washington State legislature is kept out of the loop by the agencies tasked to monitor the progress of their tax dollars going into the Multi jurisdictional drug task forces, and rogue county sheriffs offices. Washington State funds rogue County secessionist to enforce unauthorized laws using Washington State tax dollars.The Washington State legislature is not informed of the rogue secessionist Declaration of separate sovereignty ,so legal Washington State medical marijuana patients are taken out one by one across the State. Many are now felons in Washington State ,Others were turned over to the Federal court by bird dogging rogue County secessionist.

When these Washington State medical marijuana patients turn to the high profile marijuana Attorneys that advertise on non-profit movement head web sites for help, they are told they have a case if they have 30,000. Then once the money is paid they are told they have no choice but to plead guilty to an illegal unauthorized plant limit law that is not legally posted in a WAC ,RCW, County or City ordinance.

Meanwhile the newspapers write about non -profit movement heads to keep their profile high ,and help maintain the movement heads visibility atop the movement to ensure a legislative position that will enable the Gray Marketeers to prosper another year.

The Gray Marketeers stakeholder group crafts legislation designed to keep things just right for the Gray Marketeers ,High priced marijuana Attorneys, and the rogue secessionist.

This stake holder group likes to say it is still illegally federally, or the legislature failed to define the law so we did, or the legislature left it open for interpretation.

These are sophist remarks designed to justify feeding from the marijuana enforcement industry trough

That is the State of Medical marijuana in Washington State in 2006 . One hand continues to wash the others since 1999.



[ Post Comment ]

 
Comment #6 posted by publicbulldog on January 20, 2007 at 10:31:30 PT:

ed was not duly authorized as a state,county empl
LEGAL MEDICAL MARIJUANA

The only legal Way for the State of Washington To distribute medical marijuana is to do a state approved research program ,with duly authorized State ,County ,Or City Officers.

The Supreme Court has ruled in 2001 that dispensaries can not claim medical necessity. The Supreme Court has ruled in 2001 that the only exception to the prohibitions on manufacturing and distribution of the drug is Government approved research projects.

2001 Supreme Court decision US vs. OAKLAND CANNABIS BUYERS' COOPERATIVE et al.

Held:

1. There is no medical necessity exception to the Controlled Substances Act's prohibitions on manufacturing and distributing marijuana. Pp. 5-11.

(a) Because that Act classifies marijuana as a schedule I controlled substance, it provides only one express exception to the prohibitions on manufacturing and distributing the drug: Government-approved research projects. The Cooperative's contention that a common-law medical necessity defense should be written into the Act is rejected. There is an open question whether federal courts ever have authority to recognize a necessity defense not provided by statute. But that question need not be answered to resolve the issue presented here, for the terms of the Controlled Substances Act leave no doubt that the medical necessity defense is unavailable. Pp.5-7.

The Ninth Circuit Court Of Appeals ruled that Ed Rosenthal could not claim Immunity under 885 d because he was not a "duly Authorized officer" of the city of Oakland, within the meaning of 885 d.The Ninth Circuit court of Appeals ruled that the State law authorized only patients and caregivers to legally be able to grow, so State law does not allow individuals other than patients and caregivers to legally grow medical marijuana ,and therefore Ed Rosenthal can not be a "duly Authorized Officer" because the cities designation conflicts with the State law..

http://caselaw.lp.findlaw.com/data2/circs/9th/0310307p.pdf

Taking what we have learned from case law precedence from these two cases, we can fashion Washington State medical marijuana law that will give Washington State medical marijuana patients complete legal protection from Federal prosecution under the Federal controlled substances act. It is being suggested that the State of Washington, in order to establish immunity from The Federal controlled substances act, create a medical research program that authorizes under State law, medical research carried out under Washington State law, that authorizes state approved Government research programs to supply willing Washington State medical marijuana patients with Medical marijuana.

This will provide Immunity from the Federal controlled substances act on two different counts..

The First Immunity from the Federal controlled substances act as outlined in US VS OAKLAND CANNABIS BUYERS' COOPERATIVE et al.Government run Research program.

The second Immunity from the Federal controlled substances act is outlined in US VS ROSENTHAL

. 21 U.S.C 885 d. 885. Burden of proof ; liabilities. (a) Exemptions and exceptions ; presumption in simple possession offenses. (b) Registration and order forms. (c) Use of vehicles, vessels, and aircraft. (d) Immunity of Federal, State, local and other officials Except as provided in sections 2234 and 2235 of title 18, no civil or criminal liability shall be imposed by virtue of this subchapter upon any duly authorized Federal officer lawfully engaged in the enforcement of this subchapter, or upon any duly authorized officer of any State, territory, political subdivision thereof, the District of Columbia, or any possession of the United States, who shall be lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.

By having a Washington State law which "duly authorizes" State City ,or County employees to carry out research programs ,We can create legal immunities from The Federal controlled substances act. By Creating a state approved medical research program that "duly Authorizes" by State law ,State ,County ,Or City employees ,to manufacture and distribute Medical marijuana, Washington State can legally provide medical marijuana to Washington State medical marijuana patients, under the Federal controlled substances act. Washington State will be helping to provide the volunteers to participate in a research dispensary pilot program that will provide valuable bonafide research Data regarding medical marijuana. Volunteers will come out of the wood work to take part in valuable bonafide research studies that have been long overdue



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Comment #5 posted by Lucas on January 20, 2007 at 09:01:01 PT
CSA 885 d. did not work for Rosenthal
> a legal medical marijuana distribution system that will be immune under the federal controlled substances 885 d

=== I researched your citation:

http://www.usdoj.gov/dea/pubs/csa/885.htm#d

(d) Immunity of Federal, State, local and other officials Except as provided in sections 2234 and 2235 of title 18, no civil or criminal liability shall be imposed by virtue of this subchapter upon any duly authorized Federal officer lawfully engaged in the enforcement of this subchapter, or upon any duly authorized officer of any State, territory, political subdivision thereof, the District of Columbia, or any possession of the United States, who shall be lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.

===

thanks for your support of medical patients Mr. Worthington

I think your idea has been tried before and did not work (yet).. Ed Rosenthal was a deputy of the city of Oakland.. to the best of my knowledge he was acting in the furtherance of State Medical Marijuana law, yet all that was excluded from federal trial..

If I understand you correctly, the idea would be to have a state run dispensary, rather than a private citizen running a dispensary in a state that allows for dispensaries. I see the difference, but, am most concerned at the lack of "traction" Rosenthal got from the "duly authorized officer" clause in Sec 885 d. of the CSA

Lucas



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Comment #4 posted by publicbulldog on January 19, 2007 at 20:31:37 PT:

My bust was a round up scam
My real name is John Worthington. I was busted on friday. I was busted because of my very loose association with a medical marijuana dispensary club that distributed clones, and happened to keep MEDICAL RECORDS at the same location as the clones. This was not a mistake. This was a multi state operation to round up medical marijuana patient records with the help of pot/club dispensaries. Notice oregon had no such operation. Because they have no pot/club dispensaries. More importantly they have no embed operatives to rack em up for the DEA. Cannacare is an organization whose sole purpose is to rack em up and push for a dispensary law that continues to rack em up. I have submitted e-mails to my Attorney and this will all come out in court. Steve Sarich lies like a rug telling every news channel in town that WE sent a study to the legislature. This study ,my study promotes a state ,County,or city approved Medical marijuana distribution system that will be immune under the federal controlled substances act. Steve Sarich has sent e-mails that protested this study from going out. Steve Sarich stands for a dispensary law. in my study there is no mention of a dispensary law. there is only a section that promotes a legal medical marijuana distribution system that will be immune under the federal controlled substances 885 d. Steve Sarich can sue me for libel. I have submitted the chain of command of this dispensary dea wet dream that Steve Sarich,and two other non profit organizations are promoting. Norml,and the marijuana policy project support this blatant Rack em up franchise. My Attorney told me to not talk to the media,OR THE POLICE. After watching Steve Sarich lie like a rug all day I had to respond. I was busted because the feds are worried about Washington State forming a legal medical marijuana program that would render the DEA,and drug task forces useless. They had to lash back to save the careers of task forces that would not be able to round em up,and they have to stop my movement to prevent other states from ending their round ups in the future. Medical marijuana patients beware

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Comment #3 posted by laduncon on January 19, 2007 at 14:02:02 PT
Talk about DiStOrTeD values; 'ick n gros syndrome
Wonder if any of these agents are deluded enough to think they are making the world a better place, or if they all think its a big grown-up game where they are rigged to win more often than not. Hopefully there are more important things to do in life than violently restrict another humans consumption or handling of cannabis under the guise of moral authority. Creeping and prowling and stalking and spying, lurking and waiting and hoping to cage.......... all in the mistaken, perverted name of virtue. Welcome to Babylon 2007

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Comment #2 posted by laduncon on January 19, 2007 at 13:41:05 PT
agreed hempworld
What happened to equal protection under the law? If there is enough Compassion with a capital C for those few patients, how 'bout extending that compassion to the rest who could use it. Lets not see Compassion whither and die...

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Comment #1 posted by HempWorld on January 19, 2007 at 10:39:35 PT
Federal law does not recognize the medical use
Yes it does, see the Federal compassonate use program, what is up with that? If the Feds do it why can this not be used in court? Do we always have to fight this fight with one hand tied behind our back?

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