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  Ethics Panel Clears Lawmaker in Marijuana Case
Posted by CN Staff on February 16, 2011 at 18:18:08 PT
By Andrew Duffelmeyer, Associated Press 
Source: Associated Press  

medical Des Moines, Iowa -- A legislative ethics committee dismissed a complaint Wednesday against an Iowa lawmaker who faked symptoms to obtain a medical marijuana prescription in California, claiming it didn't have the authority to reprimand him.

Although members of the House Ethics Committee unanimously voted to dismiss the complaint against Rep. Clel Baudler, R-Greenfield, some suggested lawmakers should change House rules so they could address such issues in the future.

Baudler, a former state trooper and chairman of the House Public Safety Committee, had obtained the prescription last year but never filled it. Baudler said he was trying to demonstrate that Iowa shouldn't legalize medical marijuana and adopt a California-style system, where the drug is available with a prescription.

Charlie Smithson, the chief clerk of the Iowa House, said the complaint against Baudler didn't fall under the purview of the committee. The panel can issue rulings regarding issues such as gifts, conflicts of interest and certain financial reports. But instances of lying or breaking the law are not issues the committee handles, Smithson said.

Smithson said there have been discussions about broadening the committee's jurisdiction, and he's begun working on a bill that would make such changes.

The complaint was filed by Mike Pesce, a medical marijuana supporter from Des Moines. After the meeting, Pesce questioned whether the committee didn't have the authority to reprimand Baudler.

"Is that true? If that's true then we need to change the ethics laws, don't we?" Pesce asked. "So it's OK, I guess, for an elected official to break the law."

Pesce said Baudler believes he's above the law and he should lose his job. Pesce said he hoped the committee would at least call for an investigation.

But Baudler, who didn't attend the meeting, said the committee made the right decision and he doesn't regret his actions.

"I think every one of my grandkids and kids would understand what I've done and approve of it," Baudler said.

The Iowa Board of Pharmacy voted unanimously last year to recommend that lawmakers reclassify marijuana so it could be used for medical purposes, but lawmakers said an effort to set up a medical marijuana program in Iowa is unlikely to move forward anytime soon.

Source: Associated Press (Wire)
Author: Andrew Duffelmeyer, Associated Press
Published: February 16, 2011
Copyright: 2011 The Associated Press

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Comment #17 posted by museman on February 18, 2011 at 17:47:26 PT
Bgreen 13
I'm right there with ya on that one!

"Well, I never swore to anything so I hereby absolve myself of any requirement to uphold any law of this Country until those sworn to do so actually do so, so help me, God."

Unfortunately, I did swear to protect the people, and the Constitution of the United States from "enemies, foreign, and domestic." These lawyering mis-representatives fall under the 'domestic enemy' clause. -thus we come to the same logical conclusion. They have rendered the 'law' invalid, by their lawless actions (not counting rewriting the law to favor their actions), especially if the law is in direct conflict with such things as 'inalienable rights' and actual 'amended rights' paid for dearly by honorable men, yet wiped away in a moment by the stroke of the legislative pen.

This is not the constitutionally based 'government of the people, by the people' I swore to defend and protect.

This is something else entirely, and it needs replacement badly.

LEGALIZE FREEDOM



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Comment #16 posted by Sinsemilla Jones on February 17, 2011 at 20:30:32 PT
Wups, of course Baudler DID commit fraud, ha, ha.
I should have added that if he had even attempted to defraud someone out of their life savings rather than having defrauded a physician to get a mmj rec., he would have been extradited, since I included fraud as a major crime.

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Comment #15 posted by Sinsemilla Jones on February 17, 2011 at 20:19:03 PT
I'll cut Iowa's House Ethics Committee some slack.
If Baudler had gone to Cali and killed someone to prove you can get away with murder there, I think they would have had a problem with that.

In fact, I think if Rep. Baudler had committed murder, assault, rape, burglary, fraud, or vandalism and came back to Iowa to claim he did it to prove he could, the state of Iowa would not only have had a problem with it, they would have arrested him and sent him back to California to stand trial. (Okay maybe not for stealing a pack of gum, or spitting on some entertainer's star on the sidewalk, but that goes to my point.)

Because every sane person agrees those are real crimes.

What the Iowa House said, whether they meant to or not, is that even lying to get or try to get cannabis is not a big deal and shouldn't be a crime.

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Comment #14 posted by Storm Crow on February 17, 2011 at 19:52:39 PT
Garry,
It's a recommendation.

Actually, it shouldn't be ANYTHING! I don't need anyone's permission to use any other even half-way safe herbal medicine! My herb cabinet has a few things in it that can be dangerous, or even fatal, if misused. Every one of them is legal to use without asking a doctor "pretty please"!

Considering that cannabis has a remarkable safety record (zero overdose fatalities) and a broad range of ailments that it can effectively treat, with no dangerous side effects, it just seems illogical to the point of insanity to prohibit its use! Even needing a doctor's permission (however gotten) seems plain silly! (But, I do it anyway.)

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Comment #13 posted by BGreen on February 17, 2011 at 16:15:13 PT
One of my biggest quandaries
Why is it that, apparently, the only people that are NOT expected or demanded that they obey the law are those who directly take an oath to do so?

Bush took an oath, Congress takes an oath and Rep. Clel Baudler, R-Greenfield took a direct oath swearing to uphold the law.

It doesn't mean jack splat.

I have never, ever taken an oath and yet my ass is grass if I ever break the law.

What in the name of all that is good has happened to this willful disobedience of a sworn oath?

Why is there an apparent consent on my end that is more legally binding than an actual "so help me, God" sworn oath?

Well, I never swore to anything so I hereby absolve myself of any requirement to uphold any law of this Country until those sworn to do so actually do so, so help me, God.

Amen!

The Reverend Bud Green

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Comment #12 posted by dongenero on February 17, 2011 at 15:02:02 PT
what webs we weave
It would seem Rep. Scott Raecker, R-Urbandale, reputation as executive director of Character Counts in Iowa, is pretty well tarnished by this finding also.

Character Counts....how rich. They can't get out of their own way.

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Comment #11 posted by RevRayGreen on February 17, 2011 at 14:19:22 PT
from the DSM Register
http://www.desmoinesregister.com/article/20110217/NEWS09/102170335/House-ethics-panel-unanimously-votes-to-clear-Baudler

In a bipartisan, unanimous vote, the House Ethics Committee decided the complaint didn't establish any violation of either Iowa Code Section 68b or House ethics.

The committee's jurisdiction is limited, said Rep. Scott Raecker, R-Urbandale. Members can ascertain only whether there was a violation of those rules and code section. Neither the rules nor code addresses a lawmaker who allegedly broke a law in another state or told a lie, he said.

Des Moines resident Mike Pesce, an advocate of medical marijuana who filed the ethics complaint on Jan. 31, said he was disappointed by the decision.

California law states that a person who fraudulently represents a medical condition to a doctor is subject to a $1,000 fine or six months in jail for a first offense. Authorities there have declined to pursue charges against Baudler.

In a written response to the House Ethics Committee on Feb. 8, Baudler said he believes the complaint failed to establish a violation of any statute or rule under the committee's jurisdiction.

After the meeting, Raecker said it's important for elected officials to follow the law. Raecker is executive director of Character Counts in Iowa, which seeks to promote civility through character development.

Asked whether he would lie to find out information, Raecker said the issue is trustworthiness.

"If Anne Frank were in my attic and the Nazis were at my door asking, that's a tough question, but I believe I would lie to them for the greater good," he said. "I think to be honest, to be forthright, those are issues each of us have to address on our own," he said.

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Comment #10 posted by RevRayGreen on February 17, 2011 at 13:59:12 PT
They claimed they were looking for violation 68B
when in fact the complaint was to identify the violation by the committee, the violation was 721.1 IA CODE OF CONDUCT

we will file another one, only Mike cannot since they ruled him prejudice to the complaint "due to his criminal record" FOR MARIJUANA !!!!!!!!!

It was one year ago today the Iowa Board of Pharmacy voted 6-0 to move marijuana to Schedule II.

BAUDLER RAW http://www.whotv.com/videobeta/5b3c4f68-7386-4af7-a2e3-baeab0f7303f/News/Rep-Baudler-Raw



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Comment #9 posted by Hope on February 17, 2011 at 12:04:08 PT
The physician that Baudler defrauded
and slandered, in public forums, no less, including the national news media, should speak up, I think.

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Comment #8 posted by dongenero on February 17, 2011 at 11:33:28 PT
Great point SC
It kind of blows Baudler's original complaint out of the water doesn't it?

He complains that it is possible to fraudulently obtain a medical marijuana recommendation. The Iowa House Ethics committee then turns around and decides obtaining medical marijuana recommendations fraudulently is ethical. So much for Baudler's complaint, I would say.

So, the future response anytime the fraud subject is brought up, should be to state the Iowa ethics board finds such fraud to be ethical. What a strange and hypocritical world politics is.

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Comment #7 posted by Garry Minor on February 17, 2011 at 11:28:06 PT
Storm Crow
Is cannabis a prescription or a recommendation? Regardless, he clearly broke the law. I'm not allowed to do that! Here is a simple answer from lawyer. com.

It is a crime under both federal and state law to obtain or attempt to obtain a prescription drug by fraud, forgery, deceit or misrepresentation. The law applies both to those who present falsified or forged written prescriptions and those who telephone a pharmacy and submit a false prescription. It is not necessary that the person actually receive possession of the filled prescription, since criminal attempt is also a crime. A person commits criminal attempt when he or she has the intent to commit a specific crime and engages in an act that is a substantial step towards the commission of that crime. The law applies both to those who present falsified or forged written prescriptions and those who telephone a pharmacy and submit a false prescription. It is not necessary that the person actually receive possession of the filled prescription, since criminal attempt is also a crime. A person commits criminal attempt when he or she has the intent to commit a specific crime and engages in an act that is a substantial step towards its commission.

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Comment #6 posted by Storm Crow on February 17, 2011 at 11:05:11 PT
So.........
It is OK to go out and lie to a doctor about your medical problems to get mood altering medication, lie about your residency, and thereby, commit fraud (and be a total sleeze-ball) - as long as you are employed by the government? And this ISN'T covered by the ethics rules? Sheesh!

Now if I were to do exactly the same thing, do you think I'd get a "pass" on this?

So, where's OUR "equal protection under the law"? If he gets off the hook, so should every other healthy pothead "faking it" in California! Wonder if this sets any sort of legal precedent?

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Comment #5 posted by laduncon on February 17, 2011 at 10:34:44 PT:

lawyers
There are good and bad lawyers, pretty much like in every other profession........

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Comment #4 posted by museman on February 17, 2011 at 07:43:04 PT
Join the club
or be clubbed over the head with bull.

"Ethics?" LoL! Who needs a dictionary when all you have to do is become a lawyer and you can make things up about anything, and have it become law!

Maybe we should fire all those english teachers who fail you for getting the definitions wrong, and hire out of work lawyers to teach the language. At least then we'd all believe the world was flat, and everyone would be happy, right? Its 'logical.'

Sheesh.

LEGALIZE FREEDOM

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Comment #3 posted by Sam Adams on February 17, 2011 at 07:39:23 PT
a fine vintage of lying
>>>>"I think every one of my grandkids and kids would understand what I've done and approve of it," Baudler said.

Highly doubt it! His grandkids are probably smoking crack and huffing solvents as fast as they can. who wouldn't, with the strain of growing up in this family.

you often see police children OD'ing around here. Tyrannical father combined with easy access to drugs, not a good mix.



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Comment #2 posted by dongenero on February 17, 2011 at 07:24:41 PT
Rep. Clel Baudler, R-Greenfield
So, Iowa's House Ethics Committee has cleared him of violating California law?.......how about the California Dept of Justice?

Who cares what Iowa's House Ethics Committee has to say about laws their citizens break in other states?

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Comment #1 posted by observer on February 16, 2011 at 20:28:40 PT
The ''Drug'' Exception
Ah. the "drug" exception. Government is allowed to lie, for righteousness sake, for the sake of saving the children from "drugs". Yet I'm told that I must trust this government. I think not.

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