cannabisnews.com: Out-of-State Doctors Can't Advise Use of Pot





Out-of-State Doctors Can't Advise Use of Pot
Posted by CN Staff on November 23, 2006 at 10:01:02 PT
By Rachel LA Corte, The Associated Press
Source: Seattle Times 
Olympia, WA -- A voter-approved initiative allowing doctors to recommend medicinal marijuana does not apply to cases where the doctor is licensed outside of the state of Washington, the state Supreme Court ruled Wednesday."The initiative could have, but did not, define a qualifying doctor as one with a valid license from any state," Justice Tom Chambers wrote in the 6-3 majority decision.
Initiative 692 passed in 1998 with 59 percent of the vote. It gives doctors the right to recommend ó but not prescribe ó marijuana for people suffering from cancer, AIDS, multiple sclerosis, glaucoma and other conditions that cause "intractable pain."Marijuana is still illegal to buy and sell. It's listed in the same class of drugs as heroin and LSD. Possession of pot is allowed under I-692, but state law does not say how people can obtain it in the first place.In its decision, the high court affirmed a Court of Appeals ruling that upheld the conviction of Sharon Tracy, who had been charged with possession and manufacturing of marijuana.Tracy, 53, suffers from a hip deformity and migraine headaches. She has had a series of corrective surgeries following a ruptured colon and bowel conditions, according to court records.She was arrested in May 2003 after police arrived at her home to investigate a domestic-violence complaint. While there, police smelled marijuana and, after returning with a search warrant, found just over an ounce of marijuana, four marijuana plants and a California medical-marijuana card.A few months after the arrest, she obtained another medical card from a doctor in Portland, the closest large city across the border from her home in Stevenson, Skamania County.The judge at her trial in Skamania County would not let her use a "compassionate use" defense allowed under I-692, because she was not a "qualified" candidate because the card in her possession at the time of her arrest was not issued by a doctor who was formally licensed to practice medicine in Washington state.The trial court found that the authorization received by the Oregon doctor met Washington's requirements, but it was not able to be used in court because the card was received after her arrest. David Schultz, Tracy's attorney, said that at the time of her arrest she was traveling back and forth between the two states because of her family situation, which is why she got the card from California in the first place.She said that some of her health problems had to do with the pain medication she had been on for years, which is why the doctor switched her to medicinal marijuana."Had the California doctor prescribed her Vicodin and Soma or anything like that, the prescription would have been legal. She could have filled it at any Washington pharmacy," Schultz said. "I have a lot of trouble seeing the difference, especially in light of what the initiative stands for."In his dissent, joined by justices Richard Sanders and Barbara Madsen, Justice Jim Johnson wrote that the majority opinion ignores the intent of the voters. "The majority offers no persuasive rationale for holding that the people of Washington understood, let alone intended, that an otherwise qualified patient would be excluded from protection by I-692 simply because the patient's treating physician was licensed in California or Oregon rather than Washington," he wrote.The American Civil Liberties Union of Washington said the ruling shows that the law needs to be made more clear. "Seriously ill people still are being prosecuted and convicted for using medical marijuana," said Jennifer Shaw, the organization's legislative coordinator.Complete Title: Out-of-State Doctors Can't Advise Use of Pot, Court Says Source: Seattle Times (WA)Author: Rachel LA Corte, The Associated PressPublished: Thursday, November 23, 2006Copyright: 2006 The Seattle Times CompanyContact: opinion seatimes.comWebsite: http://www.seattletimes.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #30 posted by whig on November 27, 2006 at 09:33:00 PT
You can call her
Mary.
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Comment #29 posted by whig on November 27, 2006 at 09:18:34 PT
Widow
This is my morning blend, with a little Zen tea on the way which my wife bought me. Even if caffeine has some downsides, it doesn't seem to be of toxicity either, and if it makes the highs higher then perhaps I will fly for a little bit, and then I will not be here but elsewhere.You know where to find me, Toker00. I cannot say the place, but it is where I wait and make my web.Judge the tree by its fruit, do not ask whether it is either too strong or too much of anything until you have seen and felt and smelled and tasted the fruit for yourself. And if the fruit even seems to speak, then listen and judge if it is true.This is all Widow so far, and she is strong, and there is more of her before me. Do you know how to find my wavelength?
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Comment #28 posted by whig on November 27, 2006 at 08:58:29 PT
Toker00
There is no time, so to speak. Everything connects to everything past and present and future, and we can bring them together here and now.Is that too philosophical?If not now, when?God lives inside and outside of time, and I should go take my morning toke.
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Comment #27 posted by Toker00 on November 27, 2006 at 03:09:44 PT
whig
I agree. It would be just a matter of time before we are right back where we are now, or worse. Just one question. How do you stop the pendulum, without stopping time?Toke.
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Comment #26 posted by whig on November 26, 2006 at 20:14:15 PT
Oh, to be clear
We are going to end war now if we can. Really. Not next time. This time. Now.
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Comment #25 posted by whig on November 26, 2006 at 20:13:06 PT
Toker00
The pendulum has been swinging wildly, I think we should try to stabilize its movement.
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Comment #24 posted by FoM on November 26, 2006 at 20:13:01 PT
Toker00
This story really bothers me. I want to know how something like this could happen and why aren't other people sick from the radiation? This story is like a bad movie but it happened.Minister Raises Questions About Putin After Death of Litvinenko http://news.independent.co.uk/uk/politics/article2018721.ece
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Comment #23 posted by Toker00 on November 26, 2006 at 20:02:27 PT
FoM, whig
A drug has existed for eons that does something similar. It helps block bad memories. It is Cannabis. It won't make you forget, therefore won't change your personality, but Cannabis mellows the memories. I got an e-mail today from an Insurance Salesman, and he is hearing many reports from his clients about older people using cannabis as medicine, and how they are replacing many of their prescription pills with brownies and other edible cannabis. Ha! Medical Cannabis has hit Main Stream America. We've been arguing with authorities for decades about something many older Americans, who have never even smoked pot, are finding out: Our side of the argument will now be far more convincing than the Lie Enforcer's. I want to be wrong, too, whig. Believe me, I do. If the pendulum has actually reversed it's swing, if we have gotten to that paradigm shift where the long reign of Peace can begin, then I could be very wrong. But, what are we going to do with the mountains of weapons and armitage scattered the world over? Will it exist for future generations to continue this horror of rule by war? Or will it somehow disappear? Only if we dismantle or destroy ALL weapons of war, and never again raise a tool of torture against our fellow man, can our Dream of World Peace be accomplished. I'm ready with my tools of Peace to Begin the Ending of All War. Toke. 
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Comment #22 posted by FoM on November 26, 2006 at 17:26:47 PT
Whig
It sure sounds like a pill that could cause way more problems then it would help. We do learn from painful experiences. We learn how to survive. Facing our own personal demons is the only way to heal in my opinion.
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Comment #21 posted by whig on November 26, 2006 at 17:11:54 PT
FoM
Sounds like the brainwash pill, eh?
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Comment #20 posted by whig on November 26, 2006 at 17:10:38 PT
Toker00
I want you to be wrong.
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Comment #19 posted by FoM on November 26, 2006 at 16:52:47 PT
Toker00
We just watched a piece on 60 Minutes. It was about a drug that could help people forget the impact of a serious mental or physical trauma. I immediate thought when something horrible happens to us we learn from that experience. If we take that memory of that experience away we are changing our very own personality. Soldiers that are suffering from a war trauma could be helped by that pill but could they then go back and fight again and not feel guilty? I don't know but that's what I thought when I saw it.I hope we all can enjoy the holidays this year. I watch the news on Google and things just aren't going well and so much could happen really quickly. Maybe eat, drink and be merry for tomorrow we might die is true so enjoy just in case it is true. Living for the moment can be a good thing.
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Comment #18 posted by Toker00 on November 26, 2006 at 16:25:16 PT
FoM
The Wolf is always at the door. That is how we will have to live until we are certain that our destiny lies in our own hands again. People of the world have rid themselves of Tyranny before, and we'll do it again. I believe we will have an extended period of Massive Dependence on One Another. I also believe there will be a Social Revolution against certain Technologies and certain Federal Agencies. The War on Terror will be exposed as The War of Tyranny, as 9-11 Truth becomes Self Evident, and the people WILL rise up. They used water cannons, dogs, billy clubs and tear gas against us in the sixties/seventies. What will we be up against with the New Pigs on the Block? Tasers, Energy Weapons, Sound Weapons, Pepper Spray, and who knows what else they have up their sleeves. Don't forget about the New Crowd Control Death Squads that are just chomping at the bits. Our police departments will be comprised of Iraq Veterans who have been trashing people for over three years. Peaceful crowds shouldn't be a bother for them. I just hope they only let them use RUBBER bullets. The revolution won't be televised, but it will be posted on the Internet. I'm learning that people are being educated about 9-11 Truth both on the Internet, and in social circles. I believe what is coming will put the protests of the sixties on the level of kindergarten. It won't be a battle of government vs. citizens. It will be Citizens vs. The Elite. We'll see if I'm wrong.Do not let these trying times dampen your festive spirits. The more we have to fight to keep our liberties, the more precious they become. Enjoy this entire season with zest! Then we will get down to business. Toke.
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Comment #17 posted by FoM on November 26, 2006 at 10:11:14 PT
Hope
This is not a good time to have a cold but no time is. I hope you get over it quickly. The work on the house has been stopped for a while until probably after Christmas or probably the New Year. What rooms are done are looking fine. This is our first Christmas in our new living room. I have christmas houses. Dickens type. I have about 20 or more. I can't find a few of them because of all the shuffling we have done this past summer but I will. We ordered a 6 foot fiber optic tree which should be here this week to put in one of our new windows. I want to enjoy this holiday because I believe that what 07 will bring is going to be hard to handle. We need to mentally take a break from the worry of it all. It is never far from my mind but I try to turn it off. I look at it this way. I have no control over anything so trying to make the most of our time is very important. That is how we gain strength to be able to fight once again when we must.
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Comment #16 posted by Hope on November 26, 2006 at 09:53:01 PT
And no...
You aren't "Debbie Downer".You and your words have encouraged my spirit far more than not.I love my Girl Scout motto..."Be prepared". It's been a rule of my life as much as possible, right after "Love one another, as I have loved you."So, I think, you're not a "Debbie Downer"...but a realist...encouraging us to "Be prepared".
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Comment #15 posted by Hope on November 26, 2006 at 09:49:33 PT
Yes, I'm having a nice time, too.
It's so quiet and peaceful and the celebrations went well.I thought about washing my windows, too. They need it...but I seem to be afflicted with a bad cold on top of my allergies. I may have to round up some grandchildren to do the job for me. My tinsel shines brighter through clean windows. I love the tinsel and lights and decorations. Call me crass and tasteless, but I love sparkle and glitter and glow.Decorating my tree now.I have had holidays so miserable I didn't even put up a tree...and I love it when I care enough to enjoy the twinkle and shine.Graciously, I'm enjoying that spirit, for now, anyway...and I hope nothing happens to intefere with the quiet delight and blessings that can happen during this season.
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Comment #14 posted by FoM on November 26, 2006 at 08:16:13 PT
Hope
Just call me Debbie Downer! LOL! We are having a nice time over this holiday weekend. I hope you are too.
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Comment #13 posted by Hope on November 26, 2006 at 08:02:27 PT
FoM...
That's a new and different holiday greeting.:0)But, likely, all too true.
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Comment #12 posted by FoM on November 26, 2006 at 07:40:22 PT
Toker00
We have been busy. We had people over for dinner last night and because it's so darn beautiful outside I am going to clean windows one last time before winter sets in. It's going up to 65 today and sunny. This holiday season is a time of reflection for me. It's a time to settle down for a while because I have no doubt all hell is going to break loose after Christmas. The holidays will keep people from getting to into world problems but after 2007 begins I will be holding my breath. So I say enjoy, get refreshed, get renewed because it's going to get really bad before it can begin to get any better. Happy Holidays.
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Comment #11 posted by Toker00 on November 26, 2006 at 06:54:09 PT
unkat27 Mayan
Enjoyed the animation. That's cool, dude. Keep plugging it. You're gonna get what you want.Mayan, I wonder what Cheney went to Saudi Arabia for, really? One thing is for sure. If we have another Black Op, there will be many people fine tooth combing the event. If 9-11 is not the end of Elite Tyranny, then it will be the beginning of the end. We need a Sixties type of People Unity, but Times Ten, and Worldwide. We need to Unplug from the NWO, and Plug back into Nature. The NWO cannot sustain Nature, and Nature cannot sustain the NWO. But, if I had to place a bet on one or the other, it would be on Nature.Hope everyone is still enjoying the Holidays. I am! :) Going to a 9-11 Truth screening today at one of my "Professional" friends homes. A Pony tailed Professor of Government and a local Activist and Organizer. Then of course, tomorrow is MONDAY, again. Peace! Love! Wage Peace on war. END CANNABIS PROHIBITION NOW!
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Comment #10 posted by mayan on November 24, 2006 at 18:19:44 PT
SPREAD THE NEWS!!!
And don't forgtet to contact C-SPAN2 and thank them for airing this. I get a huge rush by watching a Presbyterian minister declare that 9/11 was an inside job on cable TV! I only caught David Ray Griffin but I'm going to record the whole thing tomorrow. 9/11 is our last,best chance of exposing the RepubliCrat conspiracy and taking our country back! Let's not waste it.9/11 and American Empire: Intellectuals Speak Out
http://www.booktv.org/General/index.asp?segID=7473&schedID=462C-SPAN to Air Panel: 9/11 and American Empire: Intellectuals Speak Out:
http://www.911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=975It airs again tomorrow, Saturday, November 25 at 3:30 am and at 10:00 pm (ET).What Else is the Mainstream Media Lying About?
http://www.opednews.com/articles/opedne_matt_kje_061121_what_else_is_the_mai.htm Steven E Jones' Lifting the Fog Lecture - UC Berkeley Campus (video): 
http://video.google.com/videoplay?docid=9210704017463126290THE WAY OUT IS THE WAY IN!!!
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Comment #9 posted by FoM on November 24, 2006 at 15:28:48 PT
museman
I think some people are waking up. I saw students on a piece on CNN doing a class at college on Happiness. It didn't sound new to me. It was new to me back when we our generation tried to make caring about how people feel about what they do as a profession important. We must go back because it's time to turn this around again. There really is nothing new under the sun. It happens in cycles. We are entering a cycle of awakening I believe.
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Comment #8 posted by museman on November 24, 2006 at 15:14:02 PT
FoM
"The Waltons, Little House on the Prairie and Bonanza. Family was the strength. Government wasn't even an issue. These shows solved their own problems. Why can't we?"I know it's kind of a rhetorical question, but there is a pointed answer;Where we have gone as a society, and a people, since television gave the powers that be a brand new extremely effective means of hypnotizing, and/or brainwashing a significant percentage of the population, is down an illusory path. The fantasy of TV has integrated itself into our society to such an extent, that most Americans believe the 6 0'clock news is some kind of 'high truth.'The various 'virtual' realities we have created, from the daily workplace to the hollywood reflections of not-so-real life, have literally displaced our natural reality. There are children in this country who believe that there are only a few dozen stars in the sky, because the smog and lights prevent them from seeing. There are adults who think of the earth as 'dirt.'Living Trees are 'wood.'Our fellow conscious creatures are 'food.'Our fellow humans are 'the other guy.'"Jesus" "died for our sins" but the church and state can still prosecute, and even make up new ones (sins)The most wonderful herbal gift of creation; 'scientificaly' labeled cannabis, marijuana, is called a "drug" and an excuse for medieval thinking on the part of the perpetrators, perpetuaters, and upholders of the status quo.The world has been going at it ass-backwards for a long time, but Americans have chosen, and most pointedly -accepted - it as a national direction.Values, values, values.
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Comment #7 posted by FoM on November 24, 2006 at 13:57:23 PT
museman
I understand what you are saying. I have always believed in trying to figure out the reason why on a subject rather then what actually is happening. How did we get here from there type of thinking. I know it isn't really popular but I believe the family is the strength of any civilization. A government isn't family. Family is yours and no one elses. Good, bad and ugly it is ours and very personal. The government shouldn't be telling people how to live because that means no one can be an individual. I enjoyed tv shows years ago like The Rifleman, The Waltons, Little House on the Prairie and Bonanza. Family was the strength. Government wasn't even an issue. These shows solved their own problems. Why can't we?
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Comment #6 posted by museman on November 24, 2006 at 13:43:48 PT
#5 FoM
That scare story makes me want to scream. The obviousness of the real cause of the problem, is just outside the description of a generation 'gone bad.'Social imbalance between young people who see no way to compete in a wealth dominated society, and the controllers and enforcers of the system, is a direct result of false education -false because it is only concerned with how to get and keep a job-, false religion - which supports the other falseness-, and false leaders whose motivations are all to clearly selfish and proprietarian.The bandaid mentality of the current poitically/religiously correct powers, (bandaid because the 'treatment' doesn't even acknowledge the root cause of the dis-ease) the treatment of the poor and disinfranchised in this country by the 'authorities' as well as the general population is criminal. The young people who cannot get hope in some spiritual format, will rebel in all kinds of ways, depending on the character of the person. Prosecuting and imprisoning them for rejecting the obvious errors of the system and making greater personal mistakes of ingesting substances for the wrong reasons at the wrong time -because their 'leaders' flat out lie at every turn- is another crime which of which the perpetrators are hailed as 'public servants.'The problem is not drugs, or the way they are used, the problem is why young people would want to take such actions in the first place.The main responsibility is with the parents. The fact that this society and it's 'social systems and institutions' does not support the family, regardless of how much lip service politicians might give to the subject, is the deeper culpability.The fact that millions of working (hard working) parents cannot achieve a living wage, even with both parents working, makes it real hard for those parents to be good parents. The social institutions like 'welfare' have been splitting up families, criminalizing fathers for their inability to achieve financial stability,-like with 'child support' laws- since the ultra rich couldn't just abolish it. Our children are not 'walking chemical factories' they are reality emulators. They have nothing they consider valid and true on the positive side of following role models -except the ones picked by the mainstream status quo, and most kids with any intelligence know by the age of 14 that those 'role models' are usually hypocrits of the highest order. So they make their own role models, like street gangs, tough gangsta attitude, selfish put-down conversation, 'lord of the flies' type struggles for position in their hierarchy, and a general justified disdain for so called 'authority.'As a parent my priority has always been my children, but this society just does not support this. It's all about instant sense gratification, and ego flattery, survival of the fittest in the 21st century.I have come close to losing the hearts of my children so many times, and all because of the propaganda that they have recieved in their schools, and in the church. I have had to spend many many hours deprogramming them. One of my sons and I used to literally wrestle around (in anger) breaking things (fortunately not ourselves) and in general making the positive look hopeless. I didn't give up however, and fortunately the foundations laid in the formative years won out. It's been a few years since we butted heads like that.We just recently had a very positive sharing, and finally some quality time as father and son. I mention this one son, because for about two years he resembled those kids mentioned in that article.The institutions didn't help him, the government sure as hell didn't, the religion just put guilt on him. The responsibility fell squarely on his and my shoulders. We dealt with it. My son who was a meth-using thief, violent, destructive and rebellious, is now a vegetarian, has better control over his anger than me, and abuses nothing other than maybe his car. Parental guidance, honesty, and truth. The cure.
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Comment #5 posted by FoM on November 24, 2006 at 09:11:56 PT
OT: Chemical Plant Children
http://www.americanchronicle.com/articles/viewArticle.asp?articleID=16856
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Comment #4 posted by charmed quark on November 24, 2006 at 05:38:04 PT
Case Law article
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=2005_app/312867maj&invol=3The above and some other articles clarify what happened. The Seattle Times has it a little bit off. Her (I think) daughter Aimee had been interviewed at high school by a detective about "domestic matters" and the detective drove her home afterward. I'm assuming Aimee invited him in, where he "smelled" marijuana" and Aimee explained Tracy smoked it at least twice a day for medical reasons, and was also growing some plants in the attic. She also explained that Tracy had a medical card from California. Tracy's husband later confirmed this information and the police got a search warrent based ont his info.Tracy later explained to the police that she got her marijuana in California because she was spending a couple of weeks each month taking care of her mother, who was ill with cancer. She had also decided to try to grow some, rather unsuccessfully. She was using marijuana to reduce her reliance on optiates, which she was needed for her extensive pain and for which she had a legal prescription ( also from California?).She hadn't yet been able to find a doctor in Washington to make a recommendation for her.Looking at the Washington law, it looks like any "licensed" physician who could make a legal prescription from another state, such as with tracy's opiates, could also recommend cannabis. The courts decided this was not the case and I actually think that is the correct interpretation of Washington's law.What is amazing to me is that the police arrested her and prosecuted her for this in the first place. She was obviously sincere in her need and attempt to follow the law. She had never bought or sold marijuan in Washington. She had only small amounts and a small number of plants. She was cooperative with the police ( probably believing that if anything was wrong, it was just a minor technical violation). They should have just warned her to get a proper Washington recommendation and, at worst, confiscated her marijuana and plants. Instead, she got charged with "manufacturing" marijuana and possessing more than 40 grams of marijuana. A very serious charge.
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Comment #3 posted by John Tyler on November 23, 2006 at 18:58:24 PT
this is not right
It never fails to amaze me how the some people use the law to screw people that donít need or deserve to be screwed. It is just not right. The only thing that will keep this from reoccurring is the ending of cannabis prohibition.
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Comment #2 posted by mayan on November 23, 2006 at 18:19:56 PT
Misc.
In its decision, the high court affirmed a Court of Appeals ruling that upheld the conviction of Sharon Tracy, who had been charged with possession and manufacturing of marijuana.So this woman will be subjected to further inhumane treatment from the absurd joke we refer to as the criminal justice system? What a country.In his dissent, joined by justices Richard Sanders and Barbara Madsen, Justice Jim Johnson wrote that the majority opinion ignores the intent of the voters.Our will and intent had better not be ignored any longer for we have spoken very clearly. Business as usual will no longer be tolerated. We are taking back what is ours!!!On an unrelated note, the Iraq war has been lost. Most foks here have known that for some time but it is now obvious to the entire world. There is nothing good that can come out of it which would make up for the hundreds of thousands of innocents who have been butchered...Airport shut at end of bloody day in Iraq:
http://www.wistv.com/Global/story.asp?S=5722687&nav=menu36_3 THE WAY OUT IS THE WAY IN... C-SPAN Friday: 9/11 and American Empire: Intellectuals Speak Out:
http://www.911truth.org/article.php?story=20061122111009728Kevin Barrett on CNN's Anderson Cooper 360:
http://911blogger.com/node/4632Bush Blew up the Twin Towers - And other 9/11 conspiracies, thought up right here in Kansas City:
http://www.pitch.com/Issues/2006-11-23/news/feature_full.htmlDrawing the Lessons of 9-11 (book review, Sid Shniad):
http://canadiandimension.com/articles/2006/11/22/736/
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Comment #1 posted by unkat27 on November 23, 2006 at 11:42:23 PT
Happy Hoopla-Days
"She was arrested in May 2003 after police arrived at her home to investigate a domestic-violence complaint. While there, police smelled marijuana and, after returning with a search warrant, found just over an ounce of marijuana, four marijuana plants and a California medical-marijuana card."Let me guess. The domestic-violence involved a dumbed-down right-wing neighbor that smelled the marijuana and called upon her to break a few bones for using it. But no, don't give us the details, because that would make the article appear "biased" toward the fear-mongering religious rightards.Btw, just wanted to share some my latest project with the good people at cannabisnews. I know ya'll love music so much more, but well, I sacrificed music for the visual arts some time agoo and my guitar is a bit rusty.I just secured a new website online and have posted some of my artwork and animation preview video-clips to it, available for downloading. This project is still in its first phase, but it's making progress.
The Lost Planet Series
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