Long-time marijuana legalization activist Dana Beal was one of three men arrested October 1 in Ashland, Nebraska, after they were pulled over in a traffic stop and police seized 150 pounds of marijuana. He and the other two men, Christopher Ryan of Ohio and James Statzer of Michigan, are being held in the Saunders County Jail, with bail set at $500,000 for Beal and $100,000 for Ryan and Statzer. Beal, an erstwhile Yippie activist from the 1970s and permanent fixture on the counterculture scene, heads the New York City-based organization Cures Not Wars, which advocates for the use of ibogaine as a treatment for drug dependence. But he is more widely known for acting as an information clearing house for the annual legalization rallies held each May in more than 200 cities around the planet known as the Global Marijuana March or Million Marijuana March. The men were traveling from California, where they had attended the annual conference of the National Organization for the Reform of Marijuana Laws (NORML) the previous week. According to local media reports, police stopped the van in which they were riding for "driving erratically," and when the police officer approached the vehicle, he saw "several bags of marijuana in plain view." He then called for assistance, and police then found multiple duffel bags of marijuana, totaling 150 pounds, throughout the vehicle. Last year, Beal was arrested in Illinois on money-laundering charges after police there seized $150,000 in cash and a small amount of marijuana from his vehicle. The money-laundering charges were later dropped, and Beal pleaded guilty to misdemeanor marijuana possession. The state of Illinois kept the money. Beal's supporters have begun a fund-raising drive to raise the $50,000 cash bail needed to free him and to pay his legal expenses. See the Free Dana Beal Facebook page, web page, or blog for information on how you can help.

The Texas district attorney accused of participating in an egregious asset forfeiture scheme in the East Texas town of Tenaha now wants to use the very cash seized to pay for her legal defense in a federal civil rights lawsuit filed by victims of the practice. The ACLU of Texas, which, along with the national ACLU, is representing the plaintiffs in the case, filed a brief last Friday with the Texas Attorney General's office seeking to block her from doing so. Lynda Russell is the district attorney in Shelby County, where Tenaha is located. She is accused of participating in a scheme where Tenaha police pulled over mostly African-American motorists without cause, asked them if they were carrying cash, and if they were, threaten them with being immediately jailed for money laundering or other serious crimes unless they signed over their money to authorities. Representing a number of victims, attorneys from the ACLU of Texas and the ACLU Racial Justice Project filed a civil lawsuit in federal court in June 2008. According to the suit, more than 140 people, almost all of whom were African-American, turned over their assets to police without cause and under duress between June 2006 and June 2008. If a federal judge agrees that assets were in fact illegally seized, they should be returned to their rightful owners, whose civil rights were violated. In one case, a mixed race couple, Jennifer Boatwright and Ronald Henderson, were stopped by a Tenaha police officer in April 2007. According to the lawsuit, they were stopped without cause, detained for some time without cause, and asked if they were carrying any cash. When they admitted they had slightly more than $6,000, a district attorney's investigator then seized it, threatening them with arrest for money laundering and the loss of their children if they refused to sign off. There was never any evidence they had committed a crime, and they were never charged with a crime. The town mayor, the DA, the DA's investigator, the town marshal, and a town constable are all named in the lawsuit. While they claim to have acted legally under Texas asset forfeiture law, the lawsuit argues that "although they were taken under color of state law, their actions constitute abuse of authority." The suit argues that the racially discriminatory pattern of stops and searches violated both the Fourth Amendment proscription of warrantless searches and the Fourteenth Amendment's due process clause. While either the county or the state would normally be expected to pony up for the DA's legal expenses for a lawsuit filed as a result of her performance of her duties, neither has done so. That's why Russell—with a tin ear for irony—requested that she be allowed to use the allegedly illegally seized money stolen from motorists. She has asked the state attorney general's office for an opinion on whether using the funds for her defense violates the state's asset forfeiture law. "It would be completely inappropriate for the district attorney to use assets which are the very subject of litigation charging her with participating in allegedly illegal activity to defend herself against these charges," said Lisa Graybill, legal director at the ACLU of Texas. "Texas has a long history of having its law enforcement officials unconstitutionally target racial minorities in the flawed and failed war on drugs and it is of paramount importance that those officials be held accountable." "The government must account for the misconduct of officials who operate in its name," said Vanita Gupta, staff attorney with the ACLU Racial Justice Program, who represented African-American residents of Tulia, TX in high-profile litigation challenging their wrongful convictions on drug charges. "The state of Texas has seen egregious examples of racial profiling that result from poor oversight of criminal justice officials." The ACLU of Texas is using the Tenaha case to push for asset forfeiture reform in the Lone Star State. One such bill stalled in the state legislature this year. "The misuse of asset forfeiture laws by local officials is exacerbated by inadequate oversight," said Matt Simpson, policy strategist for the group. "The legislature must squarely address these reported civil rights violations via reform of forfeiture laws that strengthen protection against unconstitutional conduct and racial profiling."

This story is the most perfect example possible of how not to behave if you want people to sympathize with our cause:

The battle to keep medical marijuana collectives from expanding in Mission Square on Bechelli Lane in Redding took a bizarre turn this week.

Moments before Wednesday's Mission Square property owners meeting, someone dressed in a green Grinch costume with a giant imitation penis attached stepped out of a limousine and walked into Giff's Steakburger - the site of the meeting.

The Grinch announced to Mission Square owners that a new cannabis shop - Hampton Collective - would open in the former Humor Shop space on the north side of the shopping center.
…

"I don't know, I was just trying to be funny. I guess it didn't work out," Bobby Martin, who dressed up as the Grinch, said by phone Thursday. [Redding.com]

I find the whole thing simultaneously hilarious and infuriating. But mostly infuriating. This kind of behavior makes a mockery of everything the medical marijuana movement has fought so hard to achieve.

Pete Guither responds brilliantly by making a point I've raised repeatedly in other contexts. To paraphrase: it's not about doing or saying what feels good to you, it's about impressing and persuading other people. Admittedly, it's often very difficult to fully understand what our opponents are thinking, but you have to at least try. You might not get it right every time, but you sure as hell won't show up in a Grinch costume with a dildo strapped between your legs.

Our goal is neither to shock nor intimidate our opposition. The goal is to change the minds of those who've previously opposed us. We'll win when we convince enough people that drug policy reform is in everyone's best interests not just our own.