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Pot Ruling May Not Have Big Impact on Seattle
Posted by CN Staff on January 22, 2010 at 08:38:33 PT
By Mark Rahner, Seattle Times Staff Reporter
Source: Seattle Times
WA -- Supporters of Washington's medical-marijuana law say Thursday's ruling by the state Supreme Court allowing police to arrest a patient or search his home is a major setback. But exactly how it will play out in increasingly pot-friendly Seattle isn't so clear.The state's law, the court determined, doesn't protect those with a medical authorization from an arrest or search, and only allows them to present a medical-marijuana defense after the fact at a trial. The 8-1 ruling upheld the conviction of Stevens County resident Jason Fry, arrested in 2004 for having 2 pounds of pot.
The justices said sheriff's officers who smelled marijuana smoke at his home had probable cause to believe a crime was committed — even after Fry presented them with an authorization from his doctor. In that case, a Stevens County judge had ruled Fry wasn't a qualifying patient.Thursday's decision specified that a judge must allow a jury to decide whether someone is a qualifying patient under the law.In Fry's case, his conviction stands because a defense lawyer also conceded that Fry's anxiety and depression didn't qualify him for medical pot under the law.Dissenting Justice Richard Sanders argued that state voters intended to protect qualifying patients from being denied "any right or privilege" for their use of marijuana when they passed Initiative 692 in 1998, which legalized the use of marijuana for people suffering from terminal and debilitating illnesses.A decade later in 2008, the state established a limit of 24 ounces of usable marijuana and 15 plants for a qualifying patient's 60-day supply.Thursday's ruling was "a disaster for us," said Steve Sarich, executive director of the Kirkland-based patient-advocacy group, CannaCare."It basically says that no matter what, they can arrest you at will, prosecute you at will, put you through the system, and cost you thousands in legal fees, even though they know you're a legal patient. That's just wrong. We are guilty until we can prove ourselves innocent."The effect of the decision, Sarich said, will be to "embolden police and prosecutors — at least outside of King County — to continue to arrest and prosecute innocent patients."In Seattle, it's possible the ruling won't stop any patients from using marijuana — but simply gives options to law enforcement that are unlikely to be used. Since voters approved a measure in 2003, pot busts have been the lowest priority for Seattle police. Department spokesman Sgt. Sean Whitcomb said Thursday that "marijuana enforcement is still our lowest priority per city law."New Mayor Mike McGinn has said he supports legalizing marijuana in Washington, and state Rep. Mary Lou Dickerson, D-Seattle, sponsored a bill to legalize pot and sell it in state-run liquor stores to people 21 and older.Her bill, along with one proposing marijuana possession be reduced from a criminal to a civil offense, were voted down Wednesday by the House Public Safety and Emergency Preparedness Committee.Meanwhile, new City Attorney Pete Holmes is making good on his campaign promise to dismiss marijuana-possession cases including ones that were already under way. He's taking action this week not to charge any misdemeanor pot possession — which is less than 40 grams — said spokeswoman Kathy Mulady.Holmes didn't have a chance to thoroughly read Thursday's decision but noted of the Fry ruling, "I might have made a different decision on whether to prosecute this case at all."Steve Trinen, an attorney in the Pierce County Prosecutor's Office, argued the case before the Supreme Court and said he agreed with the finding, but added the Legislature should clarify the law to better protect legitimate patients.For example, he said, lawmakers could set out procedures for getting medical-marijuana authorization, "a large number of which appear to be dubious at best," or based on very cursory examinations.How the law shakes out in the rest of the state remains to be seen, but Sarich said he hears every day about suffering patients whose homes are constantly raided by police."This is the year that medical-marijuana patients are going to fight back. We've hired attorneys and are going to start suing," Sarich said.Material from The Associated Press was included in this report. Newshawk: herbdoc215Source: Seattle Times (WA)Author: Mark Rahner, Seattle Times Staff ReporterPublished: January 21, 2010Copyright: 2010 The Seattle Times CompanyContact: opinion seatimes.comWebsite: http://www.seattletimes.com/URL: http://drugsense.org/url/ftpiK6ZQCannabisNews -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml
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Comment #47 posted by FoM on January 25, 2010 at 11:37:15 PT
Storm Crow
Thank you. I'm on my way back to bed. 
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Comment #46 posted by Storm Crow on January 25, 2010 at 11:32:45 PT
FoM.......
I will be most angry with you if you don't get ALL the rest you need, now! So STAY IN BED, GIRL! Take the time to heal, so we get you back at 100%, sooner, not later! Love ya!
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Comment #45 posted by FoM on January 25, 2010 at 08:01:42 PT
Just a Note
I must go get back to bed for a while. I will look for more articles a little later. 
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Comment #44 posted by FoM on January 25, 2010 at 07:46:13 PT
BGreen
You're welcome. Sticks mother was overweight. First they cut off a toe, then another toe then a foot and finally both legs. She went into a coma of some sort and lived many years until she passed away in a nursing home. She didn't recognize anyone.I am doing much better. I have 8 big clamps in my lower stomach. I get them out on Friday. I was allowed to shower yesterday and it was so darn nice.
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Comment #43 posted by BGreen on January 25, 2010 at 06:52:14 PT
You're right, FoM
Mrs. Green's brother and mother are her only obese family members and they're the only two with type 2 diabetes. My sister is my only obese family member and she's the only one with type 2 diabetes.Thanks for your concern. I hope you're feeling better today.The Reverend Bud Green
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Comment #42 posted by FoM on January 25, 2010 at 06:45:03 PT
BGreen
I will say a prayer. I am sorry. I am glad that I have been able to maintain a good healthy weight. It made my surgery easier. I thought of how complicated my surgery would have been if the surgeon had to go thru multiple layers of fat. I believe we are going to see lots of diabetics needing help because of obesity.
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Comment #41 posted by BGreen on January 25, 2010 at 06:18:45 PT
My brother-in-law
In less than an hour Mrs. Green's brother is going to have his big toe amputated due to his refusal to properly deal with his obesity related type 2 diabetes.I'm so angry that he didn't give a crap about what we told him. Nobody wants to listen to us but we're not the ones with all of the illnesses and diseases. Now his toe won't heal and there's infection in the bone.Please send your prayers and energy towards my brother-in-law that he survives the operation and that he finally takes his health seriously. We're pissed but he's still a great guy and dearly loved.Thanks.The Reverend Bud Green
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Comment #40 posted by Hope on January 24, 2010 at 21:53:32 PT
Off Topic
This is a very interesting article.Observor will appreciate it. Probably already has.How Effective Are Misinformation Campaigns to Manipulate Public Opinion?http://www.scientificamerican.com/article.cfm?id=misinformation-government-campaign-iranian-physicist-assassination
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Comment #39 posted by Hope on January 24, 2010 at 20:11:59 PT
Thank you, Celaya.
It's hard sometimes. For everyone. It's part of it. No body said it would be fun or easy, trying to resist and change a deadly and dangerous juggernaut.
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Comment #38 posted by Hope on January 24, 2010 at 19:54:53 PT
Maybe I got brain damage
I know that fence was higher than I ever expected any electric fence on a farm to be, but maybe it was my upper back, across my shoulders, where it got me. I can't be sure. It was like someone came up behind me and clobbered me with a big board though. It was a solid hit. I think I leaned or backed into it. It was dramatic. But time, probably for better, has dimmed the total recall of it.
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Comment #37 posted by Hope on January 24, 2010 at 19:49:01 PT
"it's sort of like getting tazed"
Which I'm comparing running into a high powered electric fence. A Brush Burner. Which I'm sad to report I've done far too frequently. But I'm sure it's really much worse than that to get tazed. A fence shock is sort of like being hammered by a big guy with the flat side of a one by six.I thought it was a stroke when I ran into one that was head high.I can sort of see why shock treatments might help depression. If it's anything like running into a Brush Burner fence with your head... well you're just danged happy and amazed to be alive and functioning when you recover from it. 
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Comment #36 posted by Hope on January 24, 2010 at 19:38:39 PT
Oh my gosh!
He got me!:0)Survived that round, too.
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Comment #35 posted by Hope on January 24, 2010 at 19:37:28 PT
Thank you, FoM.
I am. You, too.All of us need to be mindful of our health and well being.Warmth at my back, and stifling the cough that will cause that mean invisible chimp to jump all over me.:0)It's so easy to sound completely crazy.
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Comment #34 posted by FoM on January 24, 2010 at 19:08:43 PT
Celaya
We are in the home stretch now. It's been a long time coming. 
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Comment #33 posted by FoM on January 24, 2010 at 19:05:11 PT
Hope
Take care of yourself.
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Comment #32 posted by Celaya on January 24, 2010 at 15:10:57 PT
Hope
"Who is going to protect us from them?"Looked in the mirror lately? You're doing a GREAT job! Don't get discouraged. Thanks to your efforts and those of others like us, we are at the cusp of victory! The signs are everywhere.
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Comment #31 posted by Hope on January 24, 2010 at 15:09:46 PT
FoM
Get all the rest you can. I'm having a little bit of trouble myself. Supposedly, according the doctor, I have bronchitis in combination with strained muscles or a fractured rib or two. When I cough... and I can't keep from it sometimes... it's sort of like getting tazed, I would imagine, or attacked by a big mean chimp. Aaargh.I haven't taken an antibiotic since the Levaquin debacle. Years ago. I would have just tried to endure it if not for the rib complication. Ow! Ow! Ow! Surprisingly, to me, a lot of people have had to deal with this sort of thing. It's a new one on me, though.But I am taking an antibiotic... that dang chimp hitting and squeezing me is a terror in itself. So far, the antibiotic, not levaquin, seems to be helping and not hurting.I really dislike chimps.
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Comment #30 posted by FoM on January 24, 2010 at 15:00:18 PT
Hope
Glad you liked it. I got one story posted and now it's time to go back to bed. I lose my energy that fast.
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Comment #29 posted by Hope on January 24, 2010 at 14:48:31 PT
Robin Williams
I do so love that funny man.Even though he's a physical twin to my ex-husband. Who wasn't funny at all.
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Comment #28 posted by Hope on January 24, 2010 at 14:46:44 PT
Aaaah! That's so sweet.
I thought that was Robin Williams bringing up the end of that trio. It was... or is!
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Comment #27 posted by Hope on January 24, 2010 at 14:44:40 PT
That video...
Sweet.It's making me smile.
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Comment #26 posted by Hope on January 24, 2010 at 14:43:12 PT
Thanks, FoM
You, too.If I could... I probably wouldn't be sitting at this computer trying to round up these stories and maybe inspire some changes in the way we are governed.But I am happy and content on some level... for sure.But I'm worried, too. Someone out there is being hunted and persecuted because they like the cannabis plant and they choose to disobey the "slave masters" popping the whip of "law" over their heads.That freaks me out... and worries me. A lot. Using, growing, selling, or giving away pot is so not deserving of the retribution being meted out by the servants of prohibition.I wish I could holler "Hey!" or "Heyaah!" "Stop chasing and hurting those people!", ... rather like I would at a renegade dog. But they haven't got enough sense to pay attention to the voice of reason trying to call them off of their vicious attacks.I'm scared for those they wish to bite... for all of us... and I can't shut up.:0)
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Comment #25 posted by Hope on January 24, 2010 at 14:33:37 PT
Alternet
Do Employers Really Need to Give Drug Tests for Pot? http://www.alternet.org/drugreporter/145355/do_employers_really_need_to_give_drug_tests_for_pot
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Comment #24 posted by FoM on January 24, 2010 at 14:31:12 PT
Hope
I thought of this song. We're really winning!Bobby McFerrin - Don't Worry Be Happyhttp://www.youtube.com/watch?v=l9K4BKkLaCI
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Comment #23 posted by Hope on January 24, 2010 at 14:30:23 PT
Florida
War on drugs: Time for Florida to legalize and tax marijuanahttp://www.sun-sentinel.com/news/opinion/commentary/fl-kgcol-oped0124-20100121,0,1918907.column
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Comment #22 posted by Hope on January 24, 2010 at 14:29:14 PT
Checking that poll at the NY Daily News
It now says it's expired.
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Comment #21 posted by Hope on January 24, 2010 at 13:49:02 PT
Virginia
Virginia should legalize marijuanahttp://www.dailypress.com/news/opinion/dp-op_marijuana_0124jan24,0,1367261.storyMarijuana bill is a whiff of common sensehttp://www.dailypress.com/news/columnists/dp-local_tamara_-124jan24,0,2973544.column?track=rss
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Comment #20 posted by Hope on January 24, 2010 at 13:42:11 PT
That poll at the Daily News
Only 47 percent, so far, think it should be legal in all states.
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Comment #19 posted by Hope on January 24, 2010 at 13:40:24 PT
Also from last Wednesday, with a poll
New Jersey medical marijuana bill such a drag! New York pot dealers fear cut in their profithttp://www.nydailynews.com/news/2010/01/20/2010-01-20_nj_pot_bill_such_a_drag_ny_dealers_fear_cut_in_their_profit.html
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Comment #18 posted by Hope on January 24, 2010 at 13:35:31 PT
 D. C.
This is from the twentieth, but I don't recall reading it before. Looks like this is going to be slower than I'd hoped.D.C. Council proposes legalization of medical marijuanahttp://www.washingtonpost.com/wp-dyn/content/article/2010/01/19/AR2010011904463.htmlExcerpt:Medical marijuana will be legally available at five District locations under a plan a majority of the D.C. Council supports, moving the city closer to becoming the 15th jurisdiction nationally to distribute the drug to chronically ill patients.Under legislation -- sponsored by nine of the 13 members -- dispensaries could issue a month's supply of marijuana at a time to registered patients who have prescriptions. Patients would not be allowed to grow marijuana, but the dispensaries could be set up in every quadrant of the city. A dispensary, however, would not be allowed within 1,000 feet of schools or youth centers, essentially keeping dispensaries out of many city neighborhoods.Council member David A. Catania, chairman of the Health Committee, said the proposal, which could be voted on by the summer, would guarantee that the drug went to those who need it while guarding against a "Camp Run-amok program that invites [Congress] to come in and shut it down.""If we have a tightly regulated system . . . it gives us a better chance," said Catania (I-At Large), the bill's lead sponsor. "I want this to be professional and orderly and evidence-based." (snip)
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Comment #17 posted by Hope on January 24, 2010 at 13:30:05 PT
Denver Post
Medical-marijuana bill likely to be further modifiedhttp://www.denverpost.com/news/ci_14259434Excerpt:A medical marijuana bill months in the making could see more changes Tuesday when state lawmakers for the first time take up the complicated task of regulating the quickly growing industry.In Senate Bill 109, sponsor Sen. Chris Romer, D-Denver, focuses on more closely linking doctors and their pot-seeking patients by breaking links between doctors and dispensaries, requiring doctors recommending marijuana to have licenses in good standing and requiring a bonafide doctor-patient relationship.Romer said there are already four amendments ready for debate Tuesday. They would:# Eliminate the requirement that medical marijuana patients who are 21 years old or younger go before a medical review board, a provision the pro-cannabis crowd has fought. The current draft exempts young military veterans. Instead, under the amendment, younger patients would have to seek a second opinion from another doctor before obtaining marijuana.# Revoke licenses from patients who run afoul of courts or are placed in substance abuse programs, though patients could later reapply.# Clarify that follow-up visits are not required after a doctor has recommended medical marijuana, though patients will still have to be re-examined each year to renew their medical marijuana cards.# Allow one doctor with a longstanding relationship to diagnose one of the eight conditions that allow a patient to seek medical marijuana, but another doctor to actually make the pot recommendation.(snip)
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Comment #16 posted by Hope on January 24, 2010 at 11:52:42 PT
Thank you, BGreen, for trying to comfort me.
But I'm still ashamed that it's not done yet.Deeply, grievously, sadly, and sorrowfully ashamed.There are people devastated, dead, and in jail today because we haven't got it done yet.Some of those people could have been living and maybe even enjoying living to some degree. It's so devastatingly sad and so unbelievably wrong... and I see it and I haven't been able to do anything to stop this unholy persecution of my fellow man. It's a war. An unjust war, very unjust, and on basically innocent people... and struggle as I might, it's still going on. Sometimes it's just devastating to consider.And what have I accomplished by laying down the occasional enjoyment of cannabis, to pick up the fight? I've just lost amazing nutrients, cannabinoids, that could have made me healthier today than I am. I feel pretty stupid.But... there's nothing to do but keep on keeping on. I still believe this injustice absolutely has to be resisted and fought. I just feel weak, and stupid, and ashamed that we haven't quelled the beast in our fellow man and government that is so bent on destroying people, yet.Just feeling sorry for myself, I think. I'll get past it.Thank you for loving me. It's good to know that people that hardly know each other can really care about each other. It's very good to know. It makes it all... life and all... seem that much better. Thank you.
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Comment #15 posted by BGreen on January 24, 2010 at 10:56:20 PT
You've nothing to feel ashamed about, Hope
The people who should feel ashamed are the liars that we've been fighting. You and I have done as much as we felt possible without being arrested so what is there to be ashamed of? Exacerbated, devastated, manipulated but never capitulated is accurate. Ashamed? No way.I've experienced the younger generation the way Museman mentioned. It's a revolution out there, Hope. The same mindset that allowed younger people to accept a black President is the one that most resembles the mindset of our youth. They're hippies but much more savvy. They're philosophically in tune with us but tied to technology in a way that prevents them from believing propagandist lies. They know how to use "the Google" and "the youtube" to refute lies in a matter of seconds.Now is the time. Being older really sucks when it's our generations that screwed things up, but I've never fit in with my own generation and I've done everything I could to counter the ignorance. I think you fit that description, too. I think everybody who posts here at CNews fits that description.Let us press proudly forwards without shame for we represent that which is a just cause. If it wasn't for our work the younger generation would be a lot worse off than they are now. We laid the tracks and they're going in for the win.That makes me anything but ashamed. :)Bud
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Comment #14 posted by Hope on January 24, 2010 at 10:30:23 PT
I'm ashamed.
I really am. I'm deeply ashamed and very sorrowful.I'm ashamed we haven't been able to protect ourselves, our children, our grandchildren, our posterity, and our fellow citizens from this debacle of overweening power yet.I thought it would be done by now. I'm so ashamed that we haven't accomplished our goal yet... after all these years... to protect our children, ourselves, and our fellow citizens from this terrible injustice of overbearing government and busybodies.It just makes me sick.I feel forsaken and ashamed and weak. But I still feel the prohibition of substances like this and the terrible punishments, the deaths, the destruction, the grief, and the raids and the persecutions are all so very wickedly wrong.So, ashamed as I am at my ineffectiveness and that I feel like I've failed in so many ways... there's still no backing out of this fight. It has to be done... because, though I'm weak and ineffective, I still know it's right to fight these hateful laws. It's because of being scared. I'm scared for everyone. When I'm scared, I have to do something about dealing with the thing I'm afraid of and I'm afraid of it because I know it's bad and wicked and will hurt people... even to death.
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Comment #13 posted by Hope on January 24, 2010 at 10:17:21 PT
Celaya
But if they weren't spying on us, they wouldn't hear a word of how we feel about it all. Yes. It's wrong and horrible to be spied on. They're doing it to "protect" us though and "protect" us from each other and a plant.Who is going to protect us from them?
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Comment #12 posted by Celaya on January 23, 2010 at 23:24:44 PT
Steve... Yes. Al Giordano is a stalwart crusader..
... for human rights. I'm a little disappointed he gives the war on marijuana consumers little attention these days, but I can understand his passion for fighting the oppression in Latin America.HopeYes. It's true the Internet has saved us - at least for a while. It has gotten us to the cusp of victory. But, like most things, it's a two-edged sword. Never has the government been able to monitor so closely our every word - be it e-mail, telephones, almost anything connected to the grid. Total Information Awareness is alive and perversely well.http://www.newsweek.com/id/200878 
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Comment #11 posted by Hope on January 23, 2010 at 20:16:50 PT
South Dakota
Threat of arrest fails to deter marijuana usehttp://www.argusleader.com/article/20100120/VOICES05/1200324/1052/OPINION01
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Comment #10 posted by Hope on January 23, 2010 at 20:13:24 PT
Yes, Konagold...
I see you're well aware of the article, since you've posted in the comment section already.
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Comment #9 posted by Hope on January 23, 2010 at 19:43:23 PT
And this, too.
Although, I'm sure, you're well aware of it.Marijuana bills to be introducedhttp://www.hawaiitribune-herald.com/articles/2010/01/20/local_news/local02.txt(Yes... I'm finding this through the Media Awareness Project.http://www.mapinc.org/drugnews/Thank you, MAP.)
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Comment #8 posted by Hope on January 23, 2010 at 18:58:29 PT
Konagold, you'll find this interesting.
Australia: Column: Overcome the Politics to Stop Children Dying in Painhttp://www.mapinc.org/drugnews/v10/n058/a08.html?397
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Comment #7 posted by herbdoc215 on January 23, 2010 at 18:09:48 PT
Celaya, thanks that was an excellent read...
and for reminding me about narconews.com and Al G. as I didn't know it was still up and running and will have to re-add it to my daily reads as I find myself leaning more towards that side of my beliefs despite being Libertarian, I first and foremost believe in Justice for ALL regardless of color, race, creed or nationality and even religions (but some of them make it hard:) and Al has always been for equal justice, just like counterpunch.com and a few others I read that drives my right leaning friends crazy? I concur heartily with you about the wages of prohibition we are reaping now as well! peace, steve
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Comment #6 posted by Hope on January 23, 2010 at 17:56:30 PT
Never have so many people
had the power of quick as electricity news, and an educated, empowered public with the widespread power to respond promptly and publicly with words right at their fingertips and wired into the wonder of the world wide internet, literally, so profoundly, in the history of mankind.It's new. It's revolutionary. And I'm thinking, while in some respects, slow and frustrating, it's powerful, too, and it's working... for the good of mankind.
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Comment #5 posted by Hope on January 23, 2010 at 17:49:51 PT
“Every generation needs a new revolution.” 
And I think we have one... and it's different and certainly new.
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Comment #4 posted by Celaya on January 23, 2010 at 17:16:30 PT
Steve - The sordid mess you describe...
... is what some think is the worst aspect of the gargantuan fraud of marijuana prohibition. When we consider the mountains of corruption caused by alcohol prohibition in just 13 years, the pervasive corruption spawned by 73 years of marijuana prohibition stagger the mind.Have you read Catherine Fitt's "Narco Dollars For Beginners?" (An in-depth article found here: http://www.narconews.com/narcodollars1.html )It's a glimpse of just how deep the corruption has gone.  HOPEI hear you on the pitchforks! -- I often lament we live in times of such advanced technology that make it impossible to follow Jefferson's counsel: 8^)“Every generation needs a new revolution.” 
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Comment #3 posted by herbdoc215 on January 23, 2010 at 07:14:55 PT
Celaya, I bet the shyster lawyers are liking it...
As well...
Ya, this is pretty much their wet dram come true, desperate patients calling people like Steinborn whom then get to shake you down for your last $10,000 the pigs left you while getting you to plea to crap you didn't do to so as not to have to take time out of their sailing schedules to bother being in court for you...Steve Sarich makes the dirtiest club owners in LA look like mother Teresa, don't even get me started about that nut, sexist, perv, rip-off artist, like so many other "medical" people/clubs in Seattle as it is the corruption capital of the world and I grew up in Ky. and the hell of it is the media keeps going to certain nuts in place's every time there is a story about weed to use them as bogeymen.
ya, I know quite a few lawyers whom are jumping for joy in Washington! When are the patients going to get a turn? peace, steve
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Comment #2 posted by Hope on January 22, 2010 at 19:38:29 PT
"going to start suing"
The antis need to be glad that they are going to be sued and not have angry free men and women standing outside their homes with torches and pitchforks.
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Comment #1 posted by Celaya on January 22, 2010 at 19:20:44 PT
Weasels will out
So now the "conservatives" on the court are following the lead of their political fellows in congress to perpetuate a fraud that persecutes 40 million innocent Americans."This is the year that medical-marijuana patients are going to fight back. We've hired attorneys and are going to start suing," Sarich said."I like the sound of that! 8^)
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