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Is Democracy Dead in the US?

When the Supreme Court took on the Bong Hits 4 Jesus case, they dug themselves into a corner. By accepting the case, they have said that they do not agree with the court of appeal, which found that the overstepping of bounds by the principal was so egregious that damages were awarded.

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The Coveted ONDCP Hiking Award

Any police officer who's ever risked life and limb in the line of duty should be enraged. The Drug Czar is giving out awards to officers who hike around California forests pulling up marijuana plants. From The Willits News in Mendocino:The Mendocino National Forest Law Enforcement team has received a national Director's Award from the President's Office of National Drug Control Policy for its outstanding service to the nation in combating marijuana trafficking on the national forest last year.…"More marijuana was taken by this team than any other group within the Forest Service in 2006," the citation from Director Walters reads. "In honor and appreciation to the individuals whose outstanding accomplishments greatly enhanced the results of the National Marijuana Eradication Initiative your remarkable efforts have helped protect America from crime, drugs and violence," the award continues.That's simply not true. I don't recall hearing about a marijuana shortage last autumn. There's no evidence that this activity has prevented anyone from using marijuana, just as there's no evidence that stopping people from using marijuana would be beneficial even if it were possible. What we've got here are a bunch of well-meaning, highly-trained public servants whose talents are being wasted on a glorified easter-egg hunt. The only reason we don't send boyscouts to do this is that they can't be trusted.Now to be fair, the task does involve rappelling from helicopters, which can get a bit dicey. But that's not the danger that tends be emphasized here. More typically, we're told that grow sites are booby-trapped (which is actually to thwart thieves), and that 22-caliber rifles are commonly found (which are to shoot rodents and other pests). In short, the real heroes of the forest are fire-fighters, which we could have more of if we ended drug prohibition.Still, while I vehemently deny that there's any significant danger associated with marijuana eradication in national forests, I am prepared to acknowledge that there's a certain amount of skill involved in actually locating the plants. I've spent a considerable amount of time hiking myself, and despite my best efforts, I've never discovered a massive secret marijuana garden.

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Mushrooms "4" Mohammed

Can you believe the Supreme court of the United states is considering the constitutionality of a high school principal suspending a student for posting a banner saying "Bong Hits 4 Jesus" in the street, off school property, in the path of an Olympic runner, hoping to get his message on television? If the sign had appeared in the hallways of the school during a Christmas pageant, the principal might have had a weak leg to stand on. After all, to encourage drug use on school property is tantamount to encouraging cigarettes and alcohol, but I would contend the saying does NOT encourage drug use and is just a joke, a pretty funny one, with no particular message whatsoever other than to make you think, so let's do that.

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HaRdCOREhARMREdUCER About The Cannabis Scare Article In The Independent On Sunday

this is the article we talk about The article in The Independent on Sunday is what we call 100% Prohibitionist drug war propaganda. The fact that more and more youngster are looking for help because of problems related to cannabis consumption is (at least partly) because of prohibition it selve. The presure on teens to go into treatment can rise enormously ones you're caught by your parents, school or the police. A lot of this youngster go low profile for a while and play the good son/daughter.

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Bong Hits 4 Ever

The Washington Post has an important point:WHAT IS a bong hit 4 Jesus? We're not sure, and we doubt anyone really knows what the phrase means -- which is one reason the Supreme Court ought not to regard it as prohibited speech.It's true. Prohibiting something you don't understand is the height of ignorance. All attempts to interpret the statement can be dismissed as the desperate fulminations of confused people who demand arbitrary authority to shield themselves from future confusion.Now that it's been immortalized by the very people who find it objectionable, bong-hits-for-Jesus will probably be with us for quite some time. In the interest of preventing subsequent misunderstandings, I propose that we decide what it means. I vote that we use bong-hits-for-Jesus as a dissmissive retort to anything that doesn’t make sense. For example, if someone's carrying on about something you disagree with or don't understand, you'd reply "bong-hits-for-Jesus, dude." If we succeed in making BH4J the next WWJD, the censors will surely come to regret ever complaining about it in the first place.

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Snitching For The DEA Isn't As Fun As It Sounds

Juan Medina has an IQ of 77. Suffice to say he ain't no rocket scientist. Medina's limited mental capacity precludes many potential employment opportunities, but it was good enough for the DEA, which made him a secret agent. It didn't work out very well. From The New York Times:Mr. Medina, who had no previous criminal record, said he became involved with the D.E.A. in the fall of 2004, a few months after his father was sentenced to 20 years in federal prison on drug conspiracy charges. He said he was told that if he helped the agency, his father might win an early release. ...Mr. Medina said he signed a contract even though he told agents he knew little about his father’s criminal associates.Despite his limitations and the "unremarkable life" he'd led, Medina managed to infiltrate a gang of drug dealers in Brooklyn. Things took a turn for the worse when Medina's criminal associates took him along on a robbery. He claims to have notified DEA of their plans and even waited around for police after the heist went down. To his surprise, no one at DEA would corroborate his story.The D.E.A. has acknowledged that Mr. Medina, 24, was under contract as an informant. But the agency has not come to his aid, and is, in fact, helping prosecute him on charges of burglary, robbery and criminal possession of a weapon stemming from the robbery at a Bronx apartment. If convicted, he could be sentenced to 25 years in prison.Whether or not the DEA knew about the robbery, as Medina claims, they bear full responsibility for his actions. They took a man with a limited mental capacity, exploited his love for his father, and sent him on dangerous missions. Their assistance in his prosecution is a rather transparent attempt to cover up their mistake.This is a perfect example of the reckless abandon with which the DEA operates. Their insatiable greed compels them to create crime and confiscate the proceeds. Sadly, innocent people like Juan Medina are the easiest prey.

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Bong Hits 4 Jesus

Reading about the rhetorical gymnastics of the Supremes on the Bong Hits 4 Jesus case gives insight into the prohibitionist mindset. As I see it, the fact that the case is being heard at all is a joke. The facts, as I understand them, are clear cut. To sum up: Frederick was, at the time of the 'event' an adult under Alaska law. He was not on school property. The event was not a school sponsored event, merely one for which school had been dismissed. In other words, school was closed. The meaning of the message he displayed is unclear, though obviously provocative. Here is my take on what happened: The principal, seeing the banner, felt embarassed, failed to maintain her composure, allowed herself to become angry, and lashed out. Upon regaining composure, she realized her error, but by then the 'event' had transpired, so she looked for any excuse for her lapse, cited the 'drug message' as contrary to school policy, and suspended Frederick for 5 days. When he dared to question this, the penalty was doubled. This administrator displayed a dismaying lack of self discipline, and obviously DID restrict the rights of free speech of another adult. She should be fired, not promoted. If you doubt this position, consider this question: What would the principal have done had one of the adult homeowners across the street from the school unfurled such a banner in front of their own home? What if it had been the son or daughter of such homeowner, standing on their own front lawn, across from the school, with such a banner? Would she have been within her rights to tear that banner down? Of course not. So what difference would it make if they took a few steps forward onto public property? Would that change things? Of course not. What difference does it make if it is a homeowner standing on the public sidewalk adjacent to his property, or another member of the public? Of course, it should not make any difference at all. As to the discussions between the Supremes, the fact that they are discussing the displaying of signs inside a classroom during class, as if it were a parallel situation when it obviously is not, demonstrates that they are trying to find some pretzel logic way to find in favour of the school. Pity they have allowed themselves to be co-opted by the prohibitionists in power, rather than thinking for themselves. I fully expect them to find in favour of the school, and then watch the free speech limitations increase incrementally.

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The Drug War Rules Til It Comes For Your Friends

I found two different stories this month about law-enforcement insiders tipping off friends prior to a drug raid. It certainly is revealing to see folks become suddenly concerned when the drug war targets someone they know. This one involves a dispatcher who warned friends of an upcoming raid on another friend's home. Officers became suspicious after finding nothing during the search.Another involves a prosecutor who tipped off a relative about an upcoming raid, then turned himself in and resigned after realizing the severity of his actions. Basically, this guy put people in jail for a living, only to freak out and destroy his own career the moment the drug war touched his family. It's a startling change of heart, but I suspect many drug war participants would do the same. The callousness and brutality of the war on drugs becomes vivid and sickening once you're forced to confront the humanity of its victims.Oddly, both incidents prompted accusations of endangering police:Joliet Police Chief Fred Hayes said calling off the operation averted a potential disaster. The prosecutor's relative was "an associate" of the target of the operation, and the target learned of it, Hayes said."I think the state's attorney's office handled it very professionally and expeditiously," Hayes added, saying the supervisor's quick action might have prevented officers from being placed in serious jeopardy.One must scrupulously avoid rational thinking in order to reach this conclusion so effortlessly. Does anyone really think the suspect would wait around and try to fight the police? If anything, the tip makes the raid safer because (1) the suspect will have removed all evidence and has no cause for desperation, and (2) the suspect knows it's a raid rather than an armed robbery. The average drug dealer ain't Tony Montana jacked on blow ready to take on the world with an M-16. Anyone homicidal/suicidal enough to choose an optional fight with the SWAT team is probably already up in the proverbial bell-tower. Nobody would risk their career to warn someone like that anyway.Yeah, I know it's the drug war, but can we stop to think for just one minute? I'll count to 60. Let me know what you come up with.

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Press Release: Trekt Uw Plant (Draw Up Your Plant) counts on being acquitted in cannabis trial on 28 March 2007

THE END OF HYPOCRISY IS COMING NEARER Trekt Uw Plant (Draw Up Your Plant) counts on being acquitted in cannabis trial on 28 March 2007 The end of hypocrite cannabis policy in Belgium (possession and use are allowed for adults, production and distribution is prohibited) is coming nearer. On Wednesday 28 March at 9 am in Antwerpen (Belgium), a court case starts against the association Trekt Uw Plant and 5 of its members.

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Buying Bananas Supports Terrorism…Seriously

Only the drug war could create a situation in which banana consumers inadvertently support terror. Makes you wonder what else supports terrorism. Coffee? Soda? Probably, but it's really the international drug war that facilitates the growth of terrorist armies and empowers them to extort absolutely everything in sight.Banana manufacturer Chiquita Brands International is in big trouble for paying protection money to various terrorist armies in Colombia. They've been assessed a $25 million fine in U.S. federal court and now Colombian prosecutors are seeking the extradition of 8 Chiquita employees. From Forbes.com:Prosecutors say the Cincinnati-based company agreed to pay about $1.7 million between 1997 and 2004 to the United Self-Defense Forces of Colombia, known as AUC for its Spanish initials.…In addition to paying the AUC, prosecutors said, Chiquita made payments to the National Liberation Army, or ELN, and the leftist Revolutionary Armed Forces of Colombia, or FARC, as control of the company's banana-growing area shifted.These poor bastards at Chiquita got extorted out of $1.7 million by the AUC only to then be extorted out of another $25 million by the U.S. Justice Department. We'll see about the extradition, but I give it good odds considering our interest in maintaining healthy mutual extradition policies with the Colombian government. You gotta feel for these folks considering that banana cultivation is one of the more legitimate economic activities going on in Colombia. This kind of publicity isn't doing any favors for our crop substitution efforts. Thanks to drug prohibition, you can't even grow goddamn bananas without becoming a pawn in the international war on narco-terrorism.

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More Reefer Madness in the UK Press

The current anti-cannabis crusade in the UK press is going hot and heavy. I imagine we're all used to the "cannabis boy in drugs shame" tabloid headlines from over there, and, as I blogged a couple of days ago, we now see respectable newspapers like the Independent on Sunday flip-flopping on marijuana (now it's bad). But sometimes, it's just too ridiculous. Here are the opening paragraphs of a story about potent weed from the Liverpool Echo: Police issue warning about super strength Cannabis Mar 20 2007 by Ben Rossington, Liverpool Echo SUPER-strength cannabis so potent that just one puff can cause schizophrenia is being grown by Merseyside drug gangs. Cannabis resin, usually smuggled in from Morocco, has been replaced by home-grown super skunk as the drug of choice for sale by criminal gangs on Merseyside. Experts warn this new strain of cannabis is so incredibly strong it can bring on the early signs of schizophrenia from a single puff. Today Merseyside’s police chief has warned that organised gangs are moving into the production of the drug as a quick way of making cash. Wow, that stuff must have a 150% THC content. The article also repeats the claim that this super-skunk is 25 times more potent than what Brits are used to. But here's what the most recent peer-reviewed scientific evaluation of THC levels in Europe had to say:

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Hurwitz Prosecutor Caught Up in US Attorneys Controversy

good riddance, let us hope We have not previously commented here about the US Attorneys firing controversy (or scandal, depending on how one looks at it) -- mostly because drug policy has not come up in it -- partly because we assume that both the people who got canned and the people replacing them are all all likely to be serious SOBs from our point of view. For example, it was one of the firees, San Diego's Carol Lam, who prosecuted medical marijuana provider Steve McWilliams, an act that ended in McWilliams' suicide. Readers who have followed the pain issue will doubtless be interested to know that the guy who prosecuted pain physician Dr. Hurwitz, Paul McNulty, and who was responsible for the infamous withdrawal by the DEA during that prosecution of the pain FAQ it had worked together on with doctors and other experts, is in serious hot water. McNulty was the US Attorney for eastern Virginia at the time, but was subsequently promoted to the #2 spot at DOJ. According to his official bio he played a key role in abolishing parole in Virginia in 1994. McNulty's name has come up on and off within the firings matter since early on, but until this evening it seemed like he might survive it and quite possibly become the next Attorney General. But things have shifted again in this fast-changing story. According to the Politico, in a story filed at 9:06 EST: Republican sources also disclosed that it is now a virtual certainty that Deputy Attorney General Paul J. McNulty, whose incomplete and inaccurate congressional testimony about the prosecutors helped precipitate the crisis, will also resign shortly. Officials were debating whether Gonzales and McNulty should depart at the same time or whether McNulty should go a day or two after Gonzales. Let's hope the reporting about McNulty at least is on target. Whatever the cause for his career's abrupt ending, it will be a good thing. McNulty's actions in the Hurwitz case caused incalculable damage to the cause of pain management with opioids for patients who need it -- effectively he caused large numbers of pain patients to be tortured through denial of medication or under-use of it. Having met Dr. Hurwitz a number of times, and counting a number of his former patients friends, I could be biased about that -- though his conviction has since been overturned due to the trial flaws that prosecutors and the judge created. But I think McNulty's instigation of the withdrawal of the FAQ demonstrates objectively that he is willing to attack the rule of law itself if it suits his purposes. No tears shed for this guy's career, none deserved -- good riddance to at least one really, really cruel, unethical and dishonest prosecutor.

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"Bong Hits 4 Jesus" Oral Arguments Transcript Now Online

http://www.supremecourtus.gov/oral_arguments/argument_transcripts/06-278.pdf Let us know what comments you find the most interesting... Drug War Rant has a great backgrounder web section about the case here.

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Pictures from the "Bong Hits 4 Jesus" Free Speech Supreme Court Demonstration and Press Conference

UPDATE: Drug War Chronicle feature report now available here online. DRCNet associate director David Guard attended the "Bong Hits 4 Jesus" free speech demonstration outside the Supreme Court today, and took pictures for the benefit of those of us who couldn't make it there ourselves. Here are some of the highlights: Students demonstrating at the courthouse: Ken Starr, counsel for the bad guys: Former US drug czar Barry McCaffrey (also there for the bad guys): More demonstration and press conference pictures (click the "read full post" or title link in this post to see the rest if you don't already see them):

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The Truth About Marijuana Use in the UK

As Phil notes below, there's a new wave of reefer madness taking hold in England. The Independent's reporting is hysterical in both senses of the word, so much so that the ONDCP blog wasted no time in picking up the story.We're told that marijuana addiction among teenagers has skyrocketed, that marijuana is 25 times stronger than it was generation ago, and that marijuana just might cause schizophrenia. And the underlying implication of all this is that the effort to legalize marijuana, culminating in the UK's 2004 reclassification decriminalizing simple possession, has somehow caused all of these horrible problems.Interestingly, The Independent's multiple articles yesterday reached their conclusions without mentioning usage rates. Here's why: marijuana use in the UK is going down. From The Observer in October, 2006: According to a report by the Central Narcotics Office, after more than a decade of rapid growth, seizures of cannabis resin in Europe dropped by a fifth last year, to 831 tonnes. …The apparent trend is reinforced by British figures which show that the popularity of cannabis in the UK has plummeted, with 600,000 fewer people smoking or eating marijuana than three years ago. The failure to address this relevant, yet contradictory fact is a hallmark of alarmist pseudo-scientific drug war reporting. Instead we get this:Today record numbers of young people are in treatment programmes for skunk [high-grade marijuana] abuse and hospital admissions due to the drug are at their highest ever.We know that rumors of more potent pot are both wildly exaggerated and largely irrelevant since users adjust their doses to achieve the desired effect regardless of potency. We also know that potency has increased notably (3-4 times, not 25) and that increased potency has much to do with prohibition, which creates a financial incentive for growers to maximize their risk/reward ratio since punishment is determined by weight rather than THC content.So if it isn't the potency, then what's driving the spike in marijuana treatment in the UK? I think the answer is that reduced stigma and a new policy of not arresting casual users have resulted in more people seeking help. It makes vastly more sense than arguing that marijuana suddenly turned into crack laced with heroin the moment they decriminalized it.I can't prove my theory anymore than addiction "experts" can prove that marijuana had almost no THC in the '60's. But it makes intuitive sense. Wouldn't you expect more people to seek treatment once the risk of arrest is removed? After decriminalizing marijuana, the British are seeing lower usage rates and more people seeking treatment. Let's talk about that.

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The Independent on Sunday Reverses Itself on Decrim, Warns of Killer Skunk, Reefer Madness

A decade ago, the British newspaper the Independent on Sunday made headlines itself when it came out strongly for the decriminalization of marijuana. Now, sad to say, it appears that the venerable newspaper has succumbed to Reefer Madness. In a front page editorial and series of related articles yesterday, the Independent reversed course: Yes, our front page today is calculated to grab your attention. We do not really believe that The Independent on Sunday was wrong at the time, 10 years ago, when we called for cannabis to be decriminalized. As Rosie Boycott, who was the editor who ran the campaign, argues, the drug that she sought to decriminalize then was rather different from that which is available on the streets now. Indeed, this newspaper's campaign was less avant-garde than it seemed. Only four years later, The Daily Telegraph went farther, calling for cannabis to be legalized for a trial period. We were leading a consensus, which even this Government - often guilty of gesture-authoritarianism - could not resist, downgrading cannabis from class B to class C. At the same time, however, two things were happening. One was the shift towards more powerful forms of the drug, known as skunk. The other was the emerging evidence of the psychological harm caused to a minority of users, especially teenage boys and particularly associated with skunk. We report today that the number of cannabis users on drug treatment programs has risen 13-fold since our campaign was launched, and that nearly half of the 22,000 currently on such programs are under the age of 18. Of course, part of the explanation for this increase is that the provision of treatment is better than it was 10 years ago. But there is no question, as Robin Murray, one of the leading experts in this field, argues on these pages, that cannabis use is associated with growing mental health problems. Ouch. This is really a shame, and it's even more shameful because the Independent on Sunday appears to have fallen prey to propaganda that could have come straight from the mouth of the American drug czar. This is not your father's marijuana, the newspaper argues with a straight face, this is the KILLER SKUNK! As one of the related articles puts it, "skunk - a form of cannabis so powerful that experts are warning it can be 25 times more powerful than the cannabis used by previous generations." What!? As far as I know, the most high-powered strains of marijuana are capable of THC yields of around 25% to 30%, with what is commonly known as "kind bud" having a yield of 10% to 15%. (These figures may be a bit off, but not much). Marijuana with 1% THC is about the equivalent of ditch weed. For the Independent's claims to be accurate, all those people smoking pot in Swinging London in the 1960s must have been smoking ditch weed and deceived into thinking they were getting high, while everyone in London now must be smoking the most exclusive buds in the world. This "25 times" figure is just plain bogus, and I don’t understand how the Independent fell for it. We've already debunked the American drug czar's version of this. Now are we going to have to do remedial work across the pond? Besides, skunk is but one variety of high-potency weed. What about AK-47 and White Widow? Singling out skunk as the culprit seems to be to be based on ignorance more than anything. I am also struck by the increasingly shrill claims of links between marijuana and madness. These seem to be especially prevalent in the United Kingdom and Australia. (While the UK frets about skunk, the Australians have their own idiosyncratic and equally scientifically indefensible bogeyman: HYDROPONIC! As if the growing medium used to produce marijuana were the determinant of its nature.) I'm not prepared to debunk the Independent on these claims today, but I do wonder about at least two things: Why isn’t this stuff driving us crazy over here, or, at least, why isn’t John Walters raising holy hell about the link between marijuana and madness? And if marijuana use has increased dramatically in the UK in past decades and if potency has indeed increased (which I don't doubt), then where is the accompanying spike in reported schizophrenia cases? I think I'm going to have to do a feature article on this important and disappointing turn of events. I'll use that to look more closely at the claims about marijuana and mental illness. I am starting to get worried, though; I've been smoking that stuff for 35 years, and now madness could be right around the corner. Who knew?

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9th Circuit: Avoiding Certain Death No Excuse for Medical Marijuana Use

In what has otherwise been an exciting week of drug policy news, we're sad to report that the 9th circuit has rejected Angel Raich's "right to life" challenge against federal medical marijuana laws. Basically, the court ruled that it would be legal for the government to cause her death by withholding her medicine. From The New York Times:On Wednesday, a three-judge panel of the United States Court of Appeals for the Ninth Circuit found that while they sympathized with Ms. Raich’s plight and had seen “uncontroverted evidence” that she needed marijuana to survive, she lacked the legal grounds to exempt herself from federal law.The court “recognizes the use of marijuana for medical purposes is gaining traction,” the decision read. “But that legal recognition has not yet reached the point where a conclusion can be drawn that the right to use medical marijuana is ‘fundamental.’ ”I would argue that the right to not die for stupid political reasons is fundamental enough. Really there are only like six people in Washington D.C. who are entirely responsible for the illegality of medical marijuana. Their continuing lies are instrumental in maintaining the broader but shrinking population of medical marijuana opponents. If no one falsely accused people like Angel Raich of lying about their medical needs, this perverse debate would be long dead and several nice people would still be alive. So why is the 9th Circuit so afraid of this handful of sniveling, malicious bureaucrats? If they're trying to avoid being tagged as left-leaning judicial activists, someone should tell them it's already too late.

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Think You Know Your Rights? Take The Quiz

I wrote up a fun know-your-rights quiz for my dayjob over at Flex Your Rights. It's kinda hard, but if you've seen our video BUSTED, you should do ok. Let's see whatcha got, hippies. Free unpaid internships if you get a perfect score.

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New Mexico Set To Become 12th Medical Marijuana State

First it passed the Senate and died in the House. Then, at the urging of Gov. Bill Richardson, New Mexico's Senate folded medical marijuana into a related bill to permit topical use. Yesterday evening the bill passed the House 36-31. It must return to the Senate for consideration of a minor change that occured in the House, but given strong support there and the assurance of the Governor's signature, I believe it's safe to say we're looking at our 12th medical marijuana state. Congratulations to our friends at the Drug Policy Alliance who've worked extremely hard to make this possible. Also worthy of recognition is New Mexico Governor Bill Richardson himself, who pulled out the stops to protect patients in his state.Of course, every step towards protecting medical marijuana patients is an important victory, but it is particularly notable that Richardson championed this bill while exploring a bid for the presidency. Richardson is a calculating politician who's not known for taking risky positions. Suffice to say, he ain't exactly Dennis Kucinich. Richardson's willingness to stand up for patients at this time speaks volumes to the growing political viability of medical marijuana policy reform.Update: Boston Globe looks at the political implications of Richardson's stance on medical marijuana and concludes that it's not a big deal."I don't see it as being a big issue," he said. "This is for medicinal purpose, for ... people that are suffering. My God, let's be reasonable," he said.It shouldn't be a big deal, but it is. With so many problems here and abroad, our government still finds resources to generate controversy over this. It's obscene.

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Ed Rosenthal Vindicated From Vindictive Charges

We all knew Ed Rosenthal was being vindictively prosecuted, but it's nice to a hear a federal judge say it. From The San Francisco Chronicle: U.S. District Judge Charles Breyer in San Francisco dismissed charges of tax evasion and money laundering against Ed Rosenthal, 62, an author and activist who has been dubbed the "Guru of Ganja."…The judge said he based his decision in part on the comments by prosecutor George Bevan during a hearing on the case. Bevan, according to transcripts, explained the decision to re-file charges, saying, "The purpose is this: Mr. Rosenthal, after the verdict, took to the microphone and said, 'I didn't get a fair trial.' ... So I'm saying, this time around, he wants the financial side reflected, fine, let's air this thing out. Let's have the whole conduct before the jury: Tax, money laundering, marijuana."It's delightful to see the smug George Bevan held to account for his maliciousness, but frankly this only scratches the surface. Many have surmised that the targeting of Ed Rosenthal has always had everything to do with his notoriety as a cannabis cultivation expert. Considering what Rosenthal has been put through over the past several years, today's vindictive prosecution finding is long overdue.He was first arrested after a federal raid in February 2002 at a West Oakland warehouse where Rosenthal was growing marijuana for what he said was medical use, with the support of Alameda County and Oakland officials. At trial in 2003, Breyer refused to let jurors learn about the intended medical use of the plants and excluded evidence about Proposition 215, California's 1996 medical marijuana initiative.Rosenthal was convicted of violating federal drug laws, but seven of the 12 jurors said afterward that their verdict would have been different if they had been allowed to consider evidence about the medical use of the marijuana and Rosenthal's status as an agent in the Oakland program.Breyer let Rosenthal off with a one-day sentence, humiliating federal prosecutors and sealing Ed's fate as a perpetual target. The details of this ongoing legal saga are too numerous to list here, but the great irony of it all is worth fleshing out: after lying to the jury in order to convict him and being publicly humiliated when those same jurors turned against them, federal prosecutors responded to Rosenthal's appeal by piling on more charges in an attempt to punish him for challenging them. Today's vindictive prosecution finding not only exposes their malfeasance but also publicly reveals this tasty fact:Breyer did not throw out the drug charges, but noted that "the government agreed at oral argument" that it will not seek more than the one-day sentence on those counts.That's right, American taxpayers. Behold the glorious retribution of the principled and incorruptible federal prosecutors who've exhausted untold sums and incalculable man hours to protect you from a safe and effective medicine. Amidst Iraq, Katrina, Medicare, etc. the federal government was trying to save you from Ed Rosenthal by putting him in jail for one goddamn day. And they're still working on it, knowing as they have all along, that this is the best they can hope for. There can be no redemption for the spiteful, treacherous cretins who label medical providers as drug dealers and seek to deceive Californian jurors about California's laws in order to imprison Californians. There can be no redemption for them, for they are the real criminals and the story of their shameful vendetta becomes more obscene with each attempt to rewrite it.Still, the question remains: when is it not vindictive prosecution to launch a political war on medical providers as they carry out the will of the people?

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