cannabisnews.com: Patients Say They'll Appeal To County Over MMJ Law










  Patients Say They'll Appeal To County Over MMJ Law

Posted by CN Staff on December 10, 2006 at 07:39:50 PT
By Gig Conaughton, Staff Writer  
Source: North County Times 

San Diego, CA -- The discussion is set to be held behind closed doors. But at least a couple of local medical marijuana users hope to get a chance Tuesday to try to talk county supervisors out of appealing last week's court decision to throw out the county's controversial bid to overturn California's medical marijuana law."I want to try to appeal to their humanity," Vista resident, business owner, husband, father and spinal cord victim Craig McClain said Friday. "Yes, definitely, I'll be there."
Rudy Reyes, a Cedar fire burn victim, said he also planned to come to Tuesday's meeting to speak."I'm going in next week to say, 'Stop it, we don't need you guys to continue with this, it's an abuse of our tax dollars,' " Reyes said.County supervisors, calling the 1996, voter-approved "Compassionate Use Act" a "bad law" that could promote drug abuse, voted in December 2005 to sue to overturn the law.Last week, the county lost what could be the first round of an extended legal battle that some say could eventually reach the U.S. Supreme Court. The lawsuit has national importance because it is the first time a county has sued to try to overturn any of the medical marijuana laws approved by voters in 11 states.Wednesday, Superior Court Judge William R. Nevitt rejected the county's argument that the Compassionate Use Act ---- which allows seriously ill people to use marijuana with a doctor's recommendation to ease pain and suffering ---- should be pre-empted by federal law.The federal Controlled Substances Act states that grown marijuana has no medicinal value and is illegal, period ---- even though it says synthetically created marijuana, known as Marinol, does have medicinal value and can be prescribed for patients.Nevitt, however, said the county's pre-emption argument failed to recognize that state laws could take precedence over federal laws in some cases. He also said the county failed to prove that California's Compassionate Use act was legally "in conflict" with federal law because federal drug agents could still arrest Californians.On Tuesday, supervisors will meet for the first time since Nevitt's ruling. They are scheduled to talk in closed session about where they go now on the medical marijuana issue, and whether they should appeal.Supervisors have talked little about the case since the lawsuit was filed last year. But they have hinted all along that they would probably appeal.Last week, board Chairman Bill Horn did not return calls after Nevitt's decision, and supervisors in general did not respond three weeks earlier when Nevitt issued a tentative ruling initially dismissing the county's suit.John Sansone, the county's top lawyer, said last week that he felt that Nevitt's ruling was extremely thorough. But he also said that county lawyers still believed in their legal argument, and felt that an appeal could be successful.Sansone said that was what he would advise county board members Tuesday in closed session, but that it was up to them to decide whether to continue the challenge.While McClain and Reyes said they planned to come to Tuesday's meeting to ask the board to drop its challenge, a number of the medical marijuana and legal advocacy groups that have criticized the county's challenge were noncommittal last week.Officials from Americans for Safe Access ---- a group that wants to get the federal government to change its marijuana laws, and which has appeared before supervisors a handful of times over the last year ---- said they were not sure if they would attend, partly because the county's discussion would be in closed session.Officials from San Diego's chapter of the National Organization for the Reform of Marijuana Laws, which was included in the county's lawsuit against the state, could not be reached.David Blair-Loy, an attorney for the American Civil Liberties Union, said Friday that the group wasn't sure if it would send anyone to Tuesday's meeting.However, Blair-Loy said county supervisors were now "obligated" to follow the state law ---- and create the medical marijuana identification cards they refused to a year ago ---- because Judge Nevitt had rejected the county's lawsuit and upheld the Compassionate Use Act.The ACLU sued to "intervene" in the county's lawsuit on behalf of medical marijuana patients like McClain and Reyes, and helped argue against the county's case in court.Blair-Loy said the California Supreme Court ruled in 2004 that county's and cities had to follow state law until ---- and if ---- those laws were found invalid."Even if they appeal, they're obligated to comply," Blair-Loy said.However, Tom Harron, the county's chief deputy county counsel, disagreed.Harron said Nevitt's ruling was not final until the appeal process ran its course.Meanwhile, patients have said they're anxious for the county to drop its challenge and to recognize "the will of the people" ---- the 56 percent of California's voters who approved the Compassionate Use Act a decade ago.Nearly a year ago, when the county was considering suing to overturn the Compassionate Use Act, Horn likened the county's opposition to the actions of civil rights pioneer Rosa Parks."I think," Horn said then, "we should challenge this. I look forward to the lawsuit when it happens. If we just celebrated Rosa Parks for standing up against a bad law, I think we ought to stand against bad law."Last week, Reyes rebuked Horn for that comment when he appeared before the board to again demand that they stop."He was calling himself Rosa Parks," Reyes said Friday. "I told him he was the man who wouldn't give up his seat."Reyes was burned over 75 percent of his body in the 2003 Cedar fire and uses a marijuana tincture as a cream to soothe the burn-exposed nerves on his skin.McClain, whose spine was crushed in a construction-related accident several years ago, smokes marijuana to ease the chronic spasms the accident created, and to reduce his chronic pain enough to sleep.McClain uses a motorized scooter to get around."If it's closed session," McClain said of the supervisors' discussion, "I can try to be there as they come walking in and ask them to please reconsider their position."Complete Title: Patients Say They'll Appeal To County Over Medical Marijuana Law Source: North County Times (Escondido, CA)Author: Gig Conaughton, Staff Writer Published: Saturday, December 9, 2006 Copyright: 2006 North County TimesContact: letters nctimes.comWebsite: http://www.nctimes.comRelated Articles & Web Site:Americans For Safe Accesshttp://www.safeaccessnow.org/ S.D. Judge Hands Victory To MMJ Advocateshttp://cannabisnews.com/news/thread22437.shtmlJudge Rejects Counties' Challenge To MMJ Lawhttp://cannabisnews.com/news/thread22435.shtml

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Comment #81 posted by Truth on December 12, 2006 at 10:04:25 PT
Smoke
Smoke was produced in 1995. Maybe it was after the summer tour. Justin Kruetzman, son of Billy the drummer, produced the video.
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Comment #80 posted by Truth on December 12, 2006 at 09:46:59 PT
Grateful Dead "So Many Roads" 12.17.92
I love the guitar work in this song. Still gives me the chills.http://www.youtube.com/watch?v=DUsBvwg1Nt0
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Comment #79 posted by Truth on December 12, 2006 at 09:35:24 PT
yep
A retrospective "So Many Roads" contains the song "So Many Roads" from his last show. Chicago 7/9/95.Jerry died two months later. He might have recorded "Smoke" in those two months but I doubt it.
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Comment #78 posted by Truth on December 12, 2006 at 09:31:53 PT
I wonder...
I wonder about the comment from that person about it being Jerry's last official recording. If I'm not mistaken they have released music from his last tour in '95.
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Comment #77 posted by whig on December 11, 2006 at 21:30:47 PT
Truth
The comments on that say that this was Jerry's last official recording ever.
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Comment #76 posted by FoM on December 11, 2006 at 20:57:15 PT
Truth
Thank you for the video of Jerry doing Smoke Gets in Your Eyes. The original song of Smoke Gets In Your Eyes was my first 45 I ever bought. I was about 10 years old.
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Comment #75 posted by Truth on December 11, 2006 at 20:16:22 PT
Smoke
http://www.youtube.com/watch?v=ZksGxFK2T5I
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Comment #74 posted by whig on December 11, 2006 at 18:55:42 PT
Hope
I only bake one loaf of two pounds or two loaves of one pound per week at the moment, and sometimes I skip a week and make pancakes if I don't have time. This week I made pancakes on the weekend but will be baking a loaf (number seven) on Wednesday or Thursday morning at latest.
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Comment #73 posted by whig on December 11, 2006 at 18:52:50 PT
Hope
I have not gained or lost, my weight has remained very slim.
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Comment #72 posted by FoM on December 11, 2006 at 18:51:09 PT
Hope
I don't remember what we did was called but it was a soup diet and it did work. That was the beginning of my losing weight and keeping it off. 
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Comment #71 posted by Hope on December 11, 2006 at 18:49:13 PT
Oh...wait!
I think the one I went on was the The Diet, Discipline, and Discipleship thing!Sorry!Any way...it was a bunch of church ladies got together to take off a few pounds healthily.
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Comment #70 posted by FoM on December 11, 2006 at 18:48:10 PT
Hope
Who is Jay West and how did you lose 2 lbs a week for 12 weeks? 
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Comment #69 posted by Hope on December 11, 2006 at 18:46:11 PT
Daily Bread church lady program.
May have been the sanest, soundest eating, and for the longest period of time, that I've ever done.I felt amazingly well after twelve weeks on that regimen...which by the way was based on the American Heart Association diet at that time and their exchange program.And a hearty ten potato chips or ten almonds to you, FoM
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Comment #68 posted by Hope on December 11, 2006 at 18:41:21 PT
Oh my gosh!
Good bread can make me so fat so fast!Crusty. Warm. One hunk and a bit of butter.Sharing with your mate, you eat about half a loaf each day. Two weeks of blissfully enjoyed bread and I'm in trouble, weight wise.My husband once begged me, literally...to stop baking pies regularly. "Please!" he said. "I'm so fat! My pants are too tight! Please!"Have you gained any weight, Whig, since you began baking bread?
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Comment #67 posted by Hope on December 11, 2006 at 18:31:02 PT
"Daily Bread".
FoM!I did that program, too!It was really exciting. I liked it.I lost two pounds a week for twelve weeks!Trying to remember!"All discipline is difficult for the moment for those being trained by it. Later they will be greatly rewarded."I loved the Jay West teachings.
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Comment #66 posted by global_warming on December 11, 2006 at 15:04:54 PT
re: good company
i still ask the question?did you see your face?Did you have a chance to look at her eyes?What did you see?
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Comment #65 posted by FoM on December 11, 2006 at 13:34:39 PT
An Idea
I was checking my e-mail and a Los Angeles based compassion club is doing a food drive and I thought what a wonderful thing to do. Just think about the impact if medical marijuana activists put on a bright shirt (with a little leaf on it) and started helping the needy this holiday season? Wouldn't that be great and wouldn't people see how kind we all can be at the same time?
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Comment #64 posted by FoM on December 11, 2006 at 12:05:12 PT
BGreen 
Thank you! I guess then I am in good company! LOL!
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Comment #63 posted by BGreen on December 11, 2006 at 11:46:47 PT
FoM, I love you, you *&%$# woman!
My wife and my mother are also *&%$# women so you're in very good company. :)The Reverend Bud Green
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Comment #62 posted by FoM on December 11, 2006 at 10:50:12 PT
Truth 
Feeding the hungry is about the best thing one person can do for another. I appreciate what you and your wife are doing. 
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Comment #61 posted by Truth on December 11, 2006 at 10:43:21 PT
whig
"I ask that you do not feed another what you have not consumed for yourself and tested for its worthiness."Certainly on the bread but at Daily Bread we feed them meat that I don't eat. Other workers test it. So far no one has gotten sick there that I know of. We recently had sleeping bag day where we give out sleeping bags and packs to those in need. They were gobbeled up.A fun aspect is when the hungry get fed Abalone that comes to us from the State Game and Fish after they take it from poachers. That I had to try....
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Comment #60 posted by whig on December 11, 2006 at 10:37:17 PT
Sage
I had some experience. I do not desire it now.
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Comment #59 posted by whig on December 11, 2006 at 10:36:21 PT
Truth
I ask that you do not feed another what you have not consumed for yourself and tested for its worthiness.
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Comment #58 posted by whig on December 11, 2006 at 10:35:26 PT
Truth
I stayed conservative, and you should take care to realize that what you feed to the yeast will be magnified by it.
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Comment #57 posted by Truth on December 11, 2006 at 10:33:42 PT
whig
Is cannabis sufficiant for the herbal feeding?I imagine sage tastes good.
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Comment #56 posted by FoM on December 11, 2006 at 10:32:08 PT
whig
Thank you but really I'm just a *&%$# woman! LOL!
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Comment #55 posted by whig on December 11, 2006 at 10:30:30 PT
I can't say more here
FoM you are the best. Everything here is a blessing.
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Comment #54 posted by FoM on December 11, 2006 at 10:29:21 PT
whig
I understand we need to eat everyday. I know the Lord's Prayer.Deuteronomy 8:3 (New King James Version)3 So He humbled you, allowed you to hunger, and fed you with manna which you did not know nor did your fathers know, that He might make you know that man shall not live by bread alone; but man lives by every word that proceeds from the mouth of the LORD.http://www.biblegateway.com/passage/?search=Deuteronomy%208:3;&version=50;
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Comment #53 posted by whig on December 11, 2006 at 10:29:05 PT
You are free.
God's will is that man has free will.
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Comment #52 posted by whig on December 11, 2006 at 10:25:18 PT
Re-state
Thy will be done -- On Earth as it is in Heaven.
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Comment #51 posted by whig on December 11, 2006 at 10:23:44 PT
Just saying.
Our father who art in heaven, hallowed be thy name. Thy kingdom come, thy will be done, on earth as it is in heaven. Give us this day our daily bread, and forgive us our trespasses, as we forgive those who trespass against us. For thine is the kingdom and the power and the glory forever. Amen.
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Comment #50 posted by FoM on December 11, 2006 at 10:20:41 PT
whig
We got way too much with the rapid expansion of it for lack of knowing what to call it and we couldn't eat it all. I never wanted to eat anymore of it again. It was really good at first but man does not live by bread alone.
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Comment #49 posted by whig on December 11, 2006 at 10:20:12 PT
Truth.
Thank you. You are courageous and good.
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Comment #48 posted by whig on December 11, 2006 at 10:18:14 PT
FoM
I wasn't saying they weren't good people. I'm saying that it apparently wasn't your taste.
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Comment #47 posted by FoM on December 11, 2006 at 10:17:10 PT
whig
I don't understand what you mean about the church being sour. They were and are good people even though I don't go there anymore.
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Comment #46 posted by Truth on December 11, 2006 at 10:15:01 PT
whig
I work four days a week feeding the hungry. The name of the program is "Daily Bread".I'll give yours a try.
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Comment #45 posted by whig on December 11, 2006 at 10:11:30 PT
FoM
If your church was sour then your bread was sour.
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Comment #44 posted by whig on December 11, 2006 at 10:10:51 PT
Whee!
Watch the loaves multiply!
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Comment #43 posted by FoM on December 11, 2006 at 10:10:01 PT
whig
Then we all went on a diet together! LOL!
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Comment #42 posted by FoM on December 11, 2006 at 10:09:00 PT
whig
I don't remember but we got sick of it and we put on weight and we didn't like that.
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Comment #41 posted by whig on December 11, 2006 at 10:06:20 PT
FoM
Did your church use herbs in their starter and in their bread?The churches know, they are ready to make bread again. They never stopped, but they lost an ingredient.Do you think your experience of bread making in church was some thing thought of recently and everyone just moved on? This is a many many thousand year old tradition. Some people fall away from tradition, but some people keep it, and some rediscover it.
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Comment #40 posted by FoM on December 11, 2006 at 10:02:03 PT
Hope
You said you were still having trouble with you e-mail. Have you thought of getting a Yahoo account? I barely use my regular e-mail. I might check it once a week. I have 4 active Yahoo accounts. 
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Comment #39 posted by Hope on December 11, 2006 at 09:56:53 PT
Rosa Parks
I've been thinking about those times more than usual lately.http://www.crmvet.org/images/imgmont.htm
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Comment #38 posted by FoM on December 11, 2006 at 09:55:37 PT
Hope
Yuk I didn't think of everyday. Gosh I guess I'm not much of a farm girl. LOL!
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Comment #37 posted by Hope on December 11, 2006 at 09:54:20 PT
Comment 34
Eeeek. Right. At least they don't have to drop a calf nearly every day like the hen does her eggs.
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Comment #36 posted by Truth on December 11, 2006 at 09:53:29 PT
whig
Thanks whig. I'll give it a try.
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Comment #35 posted by Hope on December 11, 2006 at 09:51:58 PT
Oh my!
"I think," Horn said then, "we should challenge this. I look forward to the lawsuit when it happens. If we just celebrated Rosa Parks for standing up against a bad law, I think we ought to stand against bad law."(This guy is amazing at convoluted thinking.Do you suppose he even knows what Rosa Parks did?)
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Comment #34 posted by FoM on December 11, 2006 at 09:49:04 PT

Hope
I bet a cow would like it if she only had to lay an egg instead of push out a calf. LOL!
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Comment #33 posted by Hope on December 11, 2006 at 09:48:47 PT

Ah! The truly blessed come back. Wonderful.
"He was calling himself Rosa Parks," Reyes said Friday. "I told him he was the man who wouldn't give up his seat."So very, very true.
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Comment #32 posted by FoM on December 11, 2006 at 09:48:02 PT

Whig
You really must like bread. I did that years ago when I was in church until we had so much going that we all got sick of it and stopped.
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Comment #31 posted by Hope on December 11, 2006 at 09:47:10 PT

I can imagine!
Here in California the cows are so damn happy you don't know what you'll get.
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Comment #30 posted by FoM on December 11, 2006 at 09:46:23 PT

Truth
That was cute.
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Comment #29 posted by Hope on December 11, 2006 at 09:46:14 PT

Lol!
That made me laugh. Thanks.I needed that.
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Comment #28 posted by whig on December 11, 2006 at 09:44:47 PT

Truth
Flour, water, honey, oil, sea salt and herbs.Don't add yeast.Let it sit uncovered at room temperature. Every day discard half the mix, and add sufficient quantities of the same ingredients to bring it back to level.Always give fresh herbs every feeding.When you have a fermented smell and bubbles, you have a starter. You can refrigerate starter (covered loosely to prevent contamination but allowing some air exchange for it to breathe) which will let you do feedings weekly instead of every day.To make bread, proof your starter -- take it out of the fridge, feed it well and let it sit until it is is sufficiently bubbly, then divide it and put a portion back in the refrigerator, using the remainder to leaven your loaf. Add more flour and knead it until you have a good texture. Let it rise in a warm place. Knead it again and shape a loaf. let it rise a second time.Put risen loaf in cool oven and set heat to 350 deg F. Do not preheat. Take it out in 30 minutes and it should be done baking. Turn the baked loaf upside down to cool for one hour.Share and enjoy.
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Comment #27 posted by Truth on December 11, 2006 at 09:43:00 PT

blush
well, you know.I was born in Texas. We could blame it on that. : )Here in California the cows are so damn happy you don't know what you'll get.
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Comment #26 posted by Hope on December 11, 2006 at 09:38:06 PT

Lol!
"Neither Martha my lovely wife, or myself eat dairy except for eggs."You got some strange cows in your neck of the woods, Truth!
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Comment #25 posted by whig on December 11, 2006 at 09:34:50 PT

doc james
What is worse than imprisonment is being made to walk the earth like OJ, disgraced so far that none will take his dirty blood money or be contaminated by it.
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Comment #24 posted by Truth on December 11, 2006 at 09:34:11 PT

whig
whig,Neither Martha my lovely wife, or myself eat dairy except for eggs. Do you have a bread recipe that you could post here for us? We do eat honey.
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Comment #23 posted by doc james on December 11, 2006 at 07:08:13 PT

is my soil ready?
my soil is already seeded and yes, they will produce beautiful fragrant flowers. overgrow the government........free weed, imprison bush.
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Comment #22 posted by Fight_4_freedom on December 10, 2006 at 22:00:05 PT:

i agree
I think they did a good job of showing how ridiculous the war on drugs really is. Now I shall relay this video to the myspace world. 
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Comment #21 posted by rafael on December 10, 2006 at 18:47:29 PT

Good video on WOD
I don´t know if anyone here is familiar with the program Penn and Teller Bullshit.. I was searching for videos about the WOD and found an episode of their show (from 2004) that they dedicated to this subject... Although I didn´t like some things they say (like calling people that smoke MJ idiots), they did say they think people should be able to do what they think if best for them, and anyway I think they´re entitled to their opinion, but despite that, the show is pretty good in exposing the lies of the prohibs..there´s even some familiar faces on the show!here´s a link:
http://video.google.com/videoplay?docid=-3653114296815352489
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Comment #20 posted by global_warming on December 10, 2006 at 17:14:09 PT

can they see freedom?
those hostiges, can they have some some hot pancakes?Glory To The Highest, that throne, at the lonely cross,
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Comment #19 posted by whig on December 10, 2006 at 16:25:20 PT

gw 
Yes, the honey makes a big difference, because it is an emulsifier of oil and water.I cannot enter the prisons, can you free the hostages?
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Comment #18 posted by global_warming on December 10, 2006 at 16:15:47 PT

does that honey 
really make your difference?too many human beings are in prisoncan you help?
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Comment #17 posted by whig on December 10, 2006 at 15:56:17 PT

gw 
The only animal product thus far which I feed to my starter is honey, though milk is part of the friendship cakes which are made by some (but I have not experienced those).I do have some gas if I consume too much milk, especially when it is warm. Small amounts do not seem to bother me, as a cream for coffee or iced for dessert.The pancakes were delicious. My next bread making will be Wednesday. Am I ready? I should be by now, and Thursday it will be shared and taught.Is your soil good for seeding? Will you plant a flower?
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Comment #16 posted by global_warming on December 10, 2006 at 15:35:22 PT

re: lactose 
and intolerence can you digest this place ?Hail Freedom
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Comment #15 posted by Dankhank on December 10, 2006 at 14:21:20 PT

science of evolution
moves on ...http://www.nytimes.com/2006/12/10/science/10cnd-evolve.html?hp&ex=1165813200&en=459da82e1510cecf&ei=5094&partner=homepage
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Comment #14 posted by global_warming on December 10, 2006 at 14:08:48 PT

re: Hail Freedom
do you have the key' there is one night skyone true justice
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Comment #13 posted by global_warming on December 10, 2006 at 13:50:16 PT

did you enjoy ?
your pancakes ?are you ready?to look into her eyes?Hail Freedom
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Comment #12 posted by whig on December 10, 2006 at 13:44:39 PT

gw 
I made pancakes today. Half of the starter, with a squirt of honey and some olive oil. The other half got fed normally.
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Comment #11 posted by global_warming on December 10, 2006 at 13:19:31 PT

when you have some time
looked into some mirrordid you see your face?
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Comment #10 posted by global_warming on December 10, 2006 at 13:03:11 PT

eat well
whigger, digest your place,it is time for to gather and understand
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Comment #9 posted by whig on December 10, 2006 at 12:54:22 PT

gw 
It's one o'clock and time for lunch.Dum de dum de dum.
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Comment #8 posted by global_warming on December 10, 2006 at 12:52:44 PT

re: current news
the baker report about the war in iraq,the war on people here in this USAhas reached into the heart and soul of this america,it is time
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Comment #7 posted by global_warming on December 10, 2006 at 12:32:58 PT

peek a boo
i see you hiding behind corrupt justice'When you think it is time to vote, consider, do you vote?Do you really can vote?
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Comment #6 posted by global_warming on December 10, 2006 at 12:08:30 PT

to look at that person on that' cross
can you look into his mothers eye?
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Comment #5 posted by global_warming on December 10, 2006 at 11:46:34 PT

have you, the "time" ?
in this place?
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Comment #4 posted by global_warming on December 10, 2006 at 11:29:31 PT

some day
that man called Craig McClain will stand up from his wheel chair and slap you in your childish face, and that slap will not only humiliate you, it will send electrical sparks, sparks, that will light some forgotten corner of your useless soul.I pray that 'that some day is today.It is Time.
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Comment #3 posted by global_warming on December 10, 2006 at 10:46:42 PT

re: wanting to try to appeal to their humanity,..
They may be "cognitively challenged", but you can bet they are "high" on drug abuse prohibition...The federal Controlled Substances Act states that grown marijuana has no medicinal value and is illegal, period ---...Is there some chance that the above statement could be wrong?Have you ever thought that this headlong rush to punish users of cannabis just might be wrong?Do be careful you don't throw out the baby with the bathwater.
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Comment #2 posted by kaptinemo on December 10, 2006 at 09:00:19 PT:

How many public arse-whuppings do they need?
Jeez, most kids learn real quick when that happens not to transgress again. It would seem the San Diego Supervisors are rather, um, er,....cognitively challenged...I suppose?Given that the County's taxpayers are footing the bill for this idiocy (as it seems all taxpayers are doomed to until they get wise and throw the profligate officials out on their bums) I wonder how high the tab will be this time?
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Comment #1 posted by Wayne on December 10, 2006 at 08:34:42 PT

HAA!!
'"He was calling himself Rosa Parks," Reyes said Friday. "I told him he was the man who wouldn't give up his seat."'Nice comeback, I like that. Someone should ask the NAACP how they feel about that comparison. I can see it now: "You call yourself Rosa Parks. We knew Rosa Parks, and you sir, are NO Rosa Parks!"
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