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Posts Tagged ‘MARIJUANA’

COMING: A WAR ON STUPIDS? PART TWO (END)

In Bureaucracy, History, Medical, Politics, Social commentary on August 10, 2021 at 12:11 am

Since COVID-19 entered the United States in January, 2020, Republicans have turned it into a “culture war” issue.

President Donald Trump made wearing a mask a referendum on himself. If you were a “manly man”—and supported him-–you didn’t wear one. Even if it cost you your life.

He—and his followers—fiercely opposed “stay-at-home” orders by governors intent on suppressing rising COVID outbreaks in their states.

And when three vaccines appeared in early 2021, Republicans—again led by Trump—refused to say whether they were vaccinated. Some—like Georgia Representative Marjorie Taylor Greene—publicly celebrated low vaccination rates among their own constituents.

Others—like Florida Governor Ron DeSantis—threatened to withhold funds from public schools that required students to wear masks. (Only children 12 and older can be vaccinated.)

Ron DeSantis 2020 (cropped).jpg

Ron DeSantis

So it was, ironically, a Republican who fired the first salvo at irresponsible public behavior.

“Folks are supposed to have common sense. But it’s time to start blaming the unvaccinated folks, not the regular folks. It’s the unvaccinated folks that are letting us down. We’ve got to get folks to take the shot. It’s the greatest weapon we have to fight COVID,”  Alabama Governor Kay Ivey told reporters in Birmingham on July 22. 

Alabama is one of the least vaccinated states in the country, with roughly 34% of residents fully vaccinated, according to the Centers for Disease Control and Prevention (CDC).

The CDC had announced in May that fully vaccinated people no longer had to wear masks

But now the even more contagious Delta variant was spreading. Experts warned that vaccinated and unvaccinated people should wear masks indoors  where COVID-19 cases were high but vaccination rates were low.

CDC on Twitter: "CDC is tracking a new variant of the virus that causes #COVID19 called Delta, or B.1.617.2. There is evidence that this variant spreads easily from person to person. Get

Meanwhile, some of the most prominent corporations in America weren’t waiting for them to do so.  

  • In May, Delta Airlines began requiring requiring newly-hired employees to show proof of vaccination.
  • On August 6, United Airlines announced that it would require its 67,000 U.S. employees to get vaccinated by October 25—or risk termination.
  • Hours later, Frontier Airlines announced that its employees must be vaccinated by October 1—or be frequently tested for COVID-19.
  • On August 4, Facebook announced that all of its employees would have to prove that they had been vaccinated to return to the office.
  • That same day, Google CEO Sundar Pichai sent a similar email to his staffers. 
  • Disney is requiring all its salaried and non-union hourly employees in America to be vaccinated. 
  • Uber announced that its U.S.-based office staff needs to be vaccinated to return to the office. It isn’t requiring the same for drivers.
  • Walgreens is requiring vaccinations for all of its corporate employees in the United States.
  • Netflix will require COVID-19 vaccinations for the casts of all its American productions, including those who come in contact with them.
  • Saks Fifth Avenue is requiring that all employees be vaccinated.
  • Walmart CEO Doug McMillon announced in a July 30 memo that all of its American-based corporate employees must be vaccinated by October 4.  
  • Tyson Foods will require that its 120,000 U.S. employees be fully vaccinated. According to the company, about 56,000 already are.
  • Ascension Health will require Covid-19 vaccinations for all of its employees.
  • On August 4, Twitter closed its offices in New York and San Francisco and paused further office reopenings. It was already requiring employees to show proof of vaccination.
  • Lyft is requiring all employees working in its offices to be vaccinated.
  • The Washington Post will require all current employees and new hires to show proof of full COVID-19 vaccinations. 
  • Morgan Stanley is barring all unvaccinated staff and clients from entering its New York headquarters office 

More companies will undoubtedly follow suit.

There are two reasons for this: 

First, across the country, hospitals are struggling to cope with the Delta variant—the most contagious strain of Coronavirus yet.  

Second, it’s clear that simply offering incentives for behaving responsibly isn’t working.

This week, New York City became the first major city to require proof of vaccination to enter restaurants and gyms.

“I do think it may be time for this to happen,” said Katherine Wu, science writer for The Atlantic, on the August 6 edition of Washington Week.

Katherine J. Wu, Ph.D. (@KatherineJWu) | Twitter

Katherine Wu

“I’ve seen more and more experts come out in support of mandates and requirements like these. You know, it’s sort of a combination of carrot and stick. If you want to keep having these privileges going out into society and being able to lead a normal life, it is probably a really good idea to [get] vaccinated to ensure not only your health but the people that you’re interacting with.”   

* * * * *

A policy only of incentives is a policy of bribery. And a policy only of deterrents is a policy of coercion. 

Some people can’t be bought and some can’t be coerced. But history shows that a policy employing both carrots and sticks usually proves highly effective in motivating behavior.

As the school season begins in September, children will be increasingly exposed to the dangers of contracting COVID. Many of them will undoubtedly die.

And as their casualties mount, there will be increased demands for punitive measures against those who put their arrogance above the public good.

COMING: A WAR ON STUPIDS? PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Medical, Politics, Social commentary on August 9, 2021 at 12:10 am

When a deadly, air-borne plague is sweeping a nation, it’s medically smart to don a face mask until a vaccine is developed.

And, when it is, it’s just as medically smart to take that vaccine.

Yet, since March, 2020, millions of science-denying, government-hating Fascistic Republicans have refused to mask up in public against COVID-19. And now that not one but three vaccines have been developed, millions more have refused to get them.

Most of them are followers of former President Donald Trump. But many others have long believed that the Federal Government had a diabolical plan to enslave them.

Related image

Donald Trump

They distrust the scientists who developed the anti-COVID vaccines. They distrust the established news media, which has chronicled the destructive fury of COVID for more than a year.

Yet they put their faith in Trump, a man who

  • Derided COVID as a hoax;
  • Told 30,573 lies during his four years as President;
  • Attacked reputable medical authorities such as Dr. Anthony Fauci, the country’s foremost expert on infectious disease;
  • Promoted drinking bleach as a preventative or cure for COVID;
  • Ordered his millions of fanatical followers to disobey the “shelter-in-place” orders of governors who were trying to stem the rising tide of COVID in their states; and
  • Staged scores of super-spreader political rallies to promote his re-election in 2020, where tens of thousands of unmasked men and women stood shoulder-to-shoulder.

When Joseph Biden took office as President on January 20, 2021, he made eliminating COVID-19 his top priority. He publicized the launching of three new anti-COVID vaccines—by Pfizer, Moderna and Johnson & Johnson. He encouraged Americans to get vaccinated as soon as possible.

And he set a deadline by which 70% of Americans would be at least partially vaccinated—by July 4: Independence Day.

At first, there was a mad rush as millions of Americans flocked to vaccination sites.  But, by June, there was a marked increase in the numbers of those refusing to get vaccinated.

SARS-CoV-2 without background.png

COVID-19

On June 7, the online edition of U.S. News & World Report published a story under the headline: “Declining Vaccination Rates Threaten Biden’s July 4 Goal.”

“Plunging vaccination rates are imperiling President Joe Biden’s goal of getting COVID shots into the arms of at least 70% of American adults by July 4, while public health experts worry that Southern states, where immunization numbers are the lowest, could see a spike in cases over the summer.”

That is exactly what has happened.

The story continued: “The steep decline began in mid-April, coinciding with the temporary suspension of the Johnson & Johnson vaccine while health officials investigated rare blood-clotting reactions. That drop has continued, with only 2.4 million adults getting their first shot last week. Officials must get a first dose to 4.2 million adults per week to meet Biden’s July 4 goal, the [Washington] Post reported.” 

By August 2, 168.4 million Americans had been fully vaccinated, or 49.6% of the country’s population.

The population of the United States stands at 328.2 million.

POD Assist | CDC

Cities and states have offered a series of incentives to get vaccinated—as if doing so just to save your own life and the lives of those you love isn’t enough of an incentive.

Among those incentives: 

  • Free beer.
  • Free marijuana joints.
  • Free childcare coverage while getting shots or assistance while recovering from side effects.
  • Extended hours for pharmacies in June.
  • Thousands of pharmacies remaining open overnight on Fridays.
  • Million-dollar jackpots.
  • Full-ride scholarships.
  • A $2 million commitment from DoorDash to provide gift cards to community health centers for those who get vaccinated.
  • CVS Pharmacies launched a sweepstakes with prizes including free cruises and Super Bowl tickets.
  • Major League Baseball hosting on-site vaccine clinics and ticket giveaways at games.
  • Kroger gave $1 million to a vaccinated person each week in June and free groceries to dozens of people for the year.

Countless Americans were appalled at the selfishly irresponsible behavior of their fellow citizens.

One of these was President Biden: “All over the world people are desperate to get a shot that every American can get at their neighborhood drugstore.”

Another was Dr. Leana Wen, an emergency physician and public health professor at George Washington University and former Baltimore health commissioner.

“It’s the height of American exceptionalism that we are having to beg people to get a life-saving vaccine, when healthcare workers and vulnerable people around the world are dying because they can’t get access to it,” said Wen. 

Yet the time may be fast approaching when the juicy carrot is replaced by the big stick.

From the coming of the virus to the United States in January, 2020, Republicans have encouraged Americans to defy health warnings by the Centers for Disease Control and Prevention (CDC).

They have opposed wearing masks and stay-at-home orders. They have staged indoor political rallies of hundreds—or thousands—of unmasked men and women 

So it’s ironic that it was a Republican who fired the first salvo at irresponsible public behavior.

“Folks are supposed to have common sense. But it’s time to start blaming the unvaccinated folks, not the regular folks. It’s the unvaccinated folks that are letting us down,” Alabama Governor Kay Ivey told reporters in Birmingham on July 22.

Alabama is one of the least vaccinated states in the country, with roughly 34% of residents fully vaccinated, according to the CDC. 

YOUR CORONAVIRUS CZAR

In Bureaucracy, Business, History, Politics, Social commentary on March 16, 2020 at 12:09 am

On February 26, President Donald Trump appointed Vice President Mike Pence to lead a task force to combat the spread of the Coronavirus. 

In doing so, he rejected calls to appoint an outside medical expert.

This put the Federal medical establishment under a trusted sycophant—and gave Trump a convenient scapegoat if something went wrong.

So here’s what America is getting as its medical savior.

Michael Richard “Mike” Pence served as a Republican member of the House of Representatives from 2001 to 2013. He also served as Chairman of the House Republican Conference from 2009 to 2012.  His record included:

  • Voted, in 2007, to defund Planned Parenthood because it provides abortions.
  • Opposed, in 2009, giving American citizenship to children born to illegal aliens living within the United States.
  • Compared the U.S. Supreme Court’s upholding the Constitutionality of the Affordable Care Act to the September 11, 2001 terrorist attacks.
  • Voted to eliminate funding for climate education programs and to prohibit the Environmental Protection Agency from regulating greenhouse gas emissions.

In 2012, he ran for Governor of Indiana, won the election, and assumed this office in 2013.

As Governor, Pence: 

  • Signed legislation in 2015 that repealed an 80-year-old Indiana law requiring construction companies working on publicly funded projects to pay a prevailing wage.
  • Successfully lobbied in 2013 to limit reductions in sentences for marijuana offenses.

On July 15, 2016, Republican Presidential candidate Donald Trump announced on Twitter that he had selected Pence as his Vice Presidential running mate in the 2016 Presidential election.

But for all of Pence’s actions as Congressman and Governor, the one which may prove the most far-reaching may be this: His signing into law the Religious Freedom Restoration Act.

As Governor of Indiana, he did this on March 26, 2015. The law allows any individual or corporation to cite its religious beliefs as a defense when sued by a private party.

Related image

Mike Pence

Officially, its intent is to prevent the government from forcing business owners to act in ways contrary to strongly held religious beliefs. Unofficially, its purpose is to appease the hatred of gays and lesbians by the religious Right, a key constituency of the Republican party.

Thus, a bakery can legally refuse to make a cake for a gay wedding or a restaurant can refuse to serve lesbian patrons.

And a hospital can refuse to provide care to a gay or lesbian patient. 

The bill was passed overwhelmingly by both chambers of the Republican-controlled state legislature.  

“Today I signed the Religious Freedom Restoration Act, because I support the freedom of religion for every Hoosier of every faith,” Pence said in a statement on the day he signed the bill.

“The Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion but today, many people of faith feel their religious liberty is under attack by government action.”

Yet for all his praise for the bill, Pence signed it in a ceremony closed to the public and the press. The media were asked to leave even the waiting area of the governor’s office.

At least one unintended consequence of that legislation has already surfaced: The First Church of Cannabis.

The day after Pence signed the Act, church founder Bill Levin announced on his Facebook page that he had filed paperwork with the office of the Indiana Secretary of State.

Its registration had been approved—and Levin was ecstatic: “Now we begin to accomplish our goals of Love, Understanding, and Good Health.

“Donate $100 or more and become a GREEN ANGEL. Donate $500 or more and become a GOLD ANGEL. Donate $1000 or more and become a CHURCH POOHBA.”

This legislation has not only brought legal marijuana to Indiana. It may bring Sharia law as well.

Since 9/11, Right-wingers such as Rush Limbaugh and Sean Hannity have warned that Muslims are trying to impose Sharia (Islamic law) on America. And now Indiana’s legislators, in elevating religion above the law, may have laid the legal foundations for making that possible.

Related image

Muslims demanding the imposition of Sharia law–on themselves and non-Muslims

What will happen when: 

  • Muslims in Indiana claim their right—guaranteed in Islamic religious law—to have as many as four wives?  
  • Muslims demand a taxpayer-funded “halal” non-pork food shelf at free food pantries for the poor? (Exactly this happened among Somali refugees in Minnesota in 2015.) 
  • Muslims demand that police departments cancel counter-terrorism courses by claiming that their materials are anti-Muslim? (Exactly this happened to several police departments in Illinois.)

And when they claim that the Religious Freedom Restoration Act protects those rights? 

Now that Pence is Coronizavirus Czar, it’s essential to remember:

  • In 2001, when he ran for Congress, he posted on his campaign website: “Despite the hysteria from the political class and the media, smoking doesn’t kill.”
  • As a Congressman, Pence voted against legislation allowing the Food and Drug Administration to regulate the tobacco industry.
  • During a CNN panel in 2002 about abstinence education, Pence said: “Frankly, condoms are a very, very poor protection against sexually transmitted diseases.”
  • In 2015, Indiana had an unprecedented HIV outbreak. Although the Centers for Disease Control recommended clean needle exchanges, Pence, as governor, opposed this.

As the Coronavirus threatens to overwhelm the United States as it has Italy, the appointment of Mike Pence as America’s Dr. Marcus Welby is not an event to celebrate.

MIKE PENCE’S LEGACY: BRINGING SHARIA LAW TO AMERICA

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on July 18, 2016 at 3:48 pm

Michael Richard “Mike” Pence served as a Republican member of the House of Representatives from 2001 to 2013. He also served as Chairman of the House Republican Conference from 2009 to 2012.  

In 2012, he ran for Governor of Indiana, won the election, and assumed this office in 2013.

On July 15, 2016, Republican Presidential candidate Donald Trump announced on Twitter that he had selected Pence as his Vice Presidential running mate in the 2016 Presidential election.

As a member of Congress, Pence: 

  • Voted, in 2007, to defund Planned Parenthood because it provides abortions.
  • Opposed, in 2009, giving American citizenship to children born to illegal aliens living within the United States.
  • Compared the U.S. Supreme Court’s upholding the Constitutionality of the Affordable Care Act to the September 11, 2001 terrorist attacks.
  • Voted to eliminate funding for climate education programs and to prohibit the Environmental Protection Agency from regulating greenhouse gas emissions.

As Governor, Pence: 

  • Unsuccessfully pushed for a 10% income-tax rate cut.
  • Signed legislation in 2015 that repealed an 80-year-old Indiana law requiring construction companies working on publicly funded projects to pay a prevailing wage.
  • Successfully lobbied in 2013 to limit reductions in sentences for marijuana offenses.
  • Agreed, in 2015, to expand Medicaid in Indiana, in accordance with the Affordable Care Act.

But for all of Pence’s actions as Congressman and Governor, the one which may prove the most far-reaching may be this: His signing into law the Religious Freedom Restoration Act.

As Governor of Indiana, he did this on March 26, 2015. The law allows any individual or corporation to cite its religious beliefs as a defense when sued by a private party.

Related image

Mike Pence

Officially, its intent is to prevent the government from forcing business owners to act in ways contrary to strongly held religious beliefs. Unofficially, its purpose is to appease the hatred of gays and lesbians by the religious Right, a key constituency of the Republican party.

In short, a bakery that doesn’t want to make a cake to be used at a gay wedding or a restaurant that doesn’t want to serve lesbian patrons will have the legal right to refuse to do so.

The same applies for a hospital that doesn’t want to provide care to a gay or lesbian patient. 

The bill was passed overwhelmingly by both chambers of the Republican-controlled state legislature.  

“Today I signed the Religious Freedom Restoration Act, because I support the freedom of religion for every Hoosier of every faith,” Pence said in a statement on the day he signed the bill.

“The Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion but today, many people of faith feel their religious liberty is under attack by government action.”

Bill-signing ceremonies are usually highly public events. Governors–and presidents–normally want their constituents to see them creating new legislation.

Yet for all his praise for the bill, Pence signed it in a ceremony closed to the public and the press. The media were asked to leave even the waiting area of the governor’s office.

It’s almost as if Pence sensed that he was about to push open a door into a danger-filled room. And this may well be the case.

Through that door may soon march the First Church of Cannabis. The day after Pence signed the Act, church founder Bill Levin announced on his Facebook page that he had filed paperwork with the office of the Indiana Secretary of State.

Its registration had been approved–and Levin was ecstatic: “Now we begin to accomplish our goals of Love, Understanding, and Good Health.

“Donate $100 or more and become a GREEN ANGEL. Donate $500 or more and become a GOLD ANGEL. Donate $1000 or more and become a CHURCH POOHBA.”

No doubt many Indiana legislators are furious that their effort to attack gays may have brought legal marijuana to their highly conservative state. But worse may be to come.

Since 9/11, Right-wingers such as Rush Limbaugh and Sean Hannity have warned that Muslims are trying to impose Sharia (Islamic law) on America. And now Indiana’s legislators, in elevating religion above the law, may have laid the legal foundations for making that possible.

Related image

Muslims demanding the imposition of Sharia law–on themselves and non-Muslims

Ironically, this may not be so far removed from the goals of the Republican party as many think. Both the party and adherents of Sharia agree:

  • Women should have fewer rights than men.
  • Abortion should be illegal.
  • There should be no separation between church and state.
  • Religion should be taught in school.
  • Religious doctrine trumps science.
  • Government should be based on religious doctrine.
  • Homosexuality should be outlawed.

What will happen when: 

  • Muslims in Indiana claim their right–guaranteed in Islamic religious law–to have as many as four wives?  
  • Muslims demand a taxpayer-funded “halal” non-pork food shelf at free food pantries for the poor? (Exactly this happened among Somali refugees in Minnesota in 2015.) 
  • Muslims demand that police departments cancel counter-terrorism courses by claiming that their materials are anti-Muslim? (Exactly this happened to several police departments in Illinois.)

And when they claim that the Religious Freedom Restoration Act protects those rights?  

Hang onto your hijabs–it’s going to be a bumpy ride.

RELIGION VS. SECULAR

In Bureaucracy, Business, Entertainment, History, Law, Law Enforcement, Politics, Social commentary on March 15, 2016 at 12:55 am

In 1964, Thomas Becket, archbishop of Canterbury, once again struggled against King Henry II for power over English citizens.

This time, the conflict was fought across thousands of movie screens, with Richard Burton as Becket and Peter O’Toole as Henry, as portrayed in Jean Anouilh’s 1959 play.  

A quick summary:

Becket, a brilliant Saxon noble, is the favorite friend of Henry. They hunt, fight and bed women together. Henry even appoints him as Chancellor, the highest law enforcement officer in the country. 

But there is a storm on the horizon: The power of the Catholic Church is steadily rising, and Henry needs a highly-placed ally against its power. When the Archbishop of Canterbury dies, Henry appoints Becket in his place.  

But suddenly the entirely secular Becket undergoes a religious conversion–and an unexpected change in allegiance. He insists that priests accused of criminal offenses be tried only in the church’s own courts–thus making them immune from Henry’s secular ones.  

As a moviegoer, it’s easy to root for conscience-stricken Becket, as played by the charming Burton. Henry, as played by O’Toole, is a brutish adolescent, alternately fearful and enraged at his own incompetence.

But in rooting for Becket/Burton, the audience can overlook the significance of allowing religious doctrine to trump secular law.  

The consequences of this are now becoming clear in Indiana.

On March 26, 2015, its governor, Mike Pence, signed into law the Religious Freedom Restoration Act. This will allow any individual or corporation to cite its religious beliefs as a defense when sued by a private party.

Related image

Mike Pence

Officially, its intent is to prevent the government from forcing business owners to act in ways contrary to strongly held religious beliefs. Unofficially, its intent is to appease the hatred of gays and lesbians by the religious Right, a key constituency of the Republican party.

In short, a bakery that doesn’t want to make a cake to be used at a gay wedding or a restaurant that doesn’t want to serve lesbian patrons will have the legal right to refuse to do so.  

The same applies for a hospital that doesn’t want to provide care to a gay or lesbian patient. 

The bill was passed overwhelmingly by both chambers of the Republican-controlled state legislature. And signed into law by a Republican governor. 

“Today I signed the Religious Freedom Restoration Act, because I support the freedom of religion for every Hoosier of every faith,” Mike Pence said in a statement on the day he signed the bill.

“The Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion but today, many people of faith feel their religious liberty is under attack by government action.”

Bill-signing ceremonies are usually highly public events. Governors–and presidents–normally want their constituents to see them creating new legislation.

Yet for all his praise for the bill, Pence signed it in a ceremony closed to the public and the press. The media were asked to leave even the waiting area of the governor’s office.

It’s almost as if Pence sensed that he was about to push open a door into a danger-filled room.  And this may well be the case.

Through that door may soon march the First Church of Cannabis. The day after Pence signed the Act, church founder Bill Levin announced on his Facebook page that he had filed paperwork with the office of the Indiana Secretary of State.

Its registration had been approved–and Levin was ecstatic: “Now we begin to accomplish our goals of Love, Understanding, and Good Health.

“Donate $100 or more and become a GREEN ANGEL. Donate $500 or more and become a GOLD ANGEL. Donate $1000 or more and become a CHURCH POOHBA.”

And Levin had a personal comment for the governor who had made it all possible:

“Dear Mikey Pence…

“DUDE!.. keep crapping all over the state.. and I will plant a seed of LOVE, UNDERSTANDING and COMPASSION in each pile you leave.. and it will grow into a big skunky cannabis tree. Crap away Mikey.. Crap Away…”

No doubt many Indiana legislators are furious that their effort to attack gays may have brought legal marijuana to their highly conservative state. But worse may be to come.

Since 9/11, Right-wingers such as Rush Limbaugh and Sean Hannity have warned that Muslims are trying to impose Sharia (Islamic law) on America. And now Indiana’s legislators, in elevating religion above the law, may have laid the legal foundations for making that possible.

Ironically, this may not be so far removed from the goals of the Republican party as many think. Both the party and adherents of Sharia agree:

  • Women should have fewer rights than men.
  • Abortion should be illegal.
  • There should be no separation between church and state.
  • Religion should be taught in school.
  • Religious doctrine trumps science.
  • Government should be based on religious doctrine.
  • Homosexuality should be outlawed.

What will happen when some Muslims in Indiana claim their right–guaranteed in Islamic religious law–to have as many as four wives?

And when they claim that the Religious Freedom Restoration Act protects that right?

Fasten your seatbelts, it’s going to be a bumpy nightmare.

FBI DOESN’T SPELL P-O-T: PART TWO (END)

In Bureaucracy, Law, Law Enforcement, Social commentary on May 23, 2014 at 12:11 am

On November 6, 2012, Americans overwhelmingly re-elected Barack Obama as President of the United States.

And on the same date, Americans in Colorado and Washington state overwhelmingly voted to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21.

Both measures called for setting up state licensing schemes for pot growers, processors and retail stores.

But at the Federal level, marijuana remains a prohibited, Schedule 1 drug.

And in a marijuana-related decision–King v. Kentucky–the Supreme Court ruled in 2011 that police can force their way into a home without a warrant.

By an 8-1 vote, the Court upheld the warrantless search of an apartment after police smelled marijuana and feared that those inside were destroying incriminating evidence.

Police drug raid

Prior to the November 6 marijuana-legalization votes, the Obama Justice Department had issued a policy for handling states that had legalized “medical marijuana.”

This said that Federal officials should generally not use their limited resources to go after small-time users, but should investigate and prosecute large-scale trafficking organizations.

The result was increased Federal raids on marijuana dispensaries–much to the outrage of potheads and liberals.

Since the legalization of “recreational marijuana” in Colorado and Washington state, senior White House and Justice Department officials have considered taking legal action against those states to undermine their voter-approved initiatives.

The Federal Drug Enforcement Administration (DEA) in particular sees the legalization of marijuana as a direct challenge to its authority to enforce Federal anti-drug laws.

US-DrugEnforcementAdministration-Seal.svg

The agency’s official position in marijuana is as follows:

Marijuana is properly categorized under Schedule 1 of the Controlled Substances Act (CSA), 21 U.S.C. S 801, et seq. 

The clear weight of the currently available evidence supports this classification, including evidence that smoked marijuana has a high potential for abuse, has no accepted medical value in treatment in the United States, and evidence that there is a general lack of accepted safety for its use even under medical supervision.

The campaign to legitimize what is called “medical” marijuana is based on two propositions: first, that science views marijuana as medicine; and, second, that the DEA targets sick and dying people using the drug.  Neither proposition is true. 

Specifically, smoked marijuana has not withstood the rigors of science–it is not medicine, and it is not safe.  Moreover, the DEA targets criminals engaged in the cultivation and traficking of marijuana, not the sick and the dying.  This is true even in the 15 states that have approved the use of “medical” marijuana.

Click here: http://www.justice.gov/dea/docs/marijuana_position_2011.pdf

Among the DEA’s weapons: Federal asset forfeiture laws allow the Justice Department to seize properties used to facilitate violations of Federal anti-drug laws.

To increase the penalties for violating such laws, Congress amended the Comprehensive Crime Control Act of 1984.

Section 881(a)(7) authorizes the forfeiture of real property “which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission” of a felony violation of the Federal Drug Abuse Prevention and Control Act of 1970.

Congress intended that section to attack the economic power underwriting illegal drug operations.  As a result, the Justice Department can seize houses and/or land from a landowner owing to a tenant’s illegal drug activity.

This holds true even if the landlord didn’t participate in or claimed to be unaware of the drug-law violations.

Before civil forfeiture can proceed, two requirements must be met:

  • An exchange of a controlled substance; and
  • A substantial connection between the property and the illegal activity.

Once the government has proved the property was used to “facilitate” the violation of Federal anti-drug laws, seizure of the property can occur.

This usually means invoking the “innocent owner” defense: “I didn’t know or consent to what was going on.”

It’s up to the landowner to prove his innocence.  And proving a lack of knowledge and/or consent is extremely hard.

If an “affirmative” defense can’t be proved, forfeiture of the property is virtually inevitable.

The U.S. Attorney General then has the legal right to sell the forfeited property.  The profits from this sale can then be forwarded to various agencies of the United States Government.

Prosecutors and case agents think of this as a tax on criminality.

There is an additional incentive for local and State law enforcement agencies to seize properties involved in drug-law violations: They are allowed to keep some of the proceeds once the property has been sold.

Thus, financially-strapped police departments have found pursuing drug-law crimes a lucrative way to fill their own coffers.

Still, the Federal Government finds itself not only at war with marijuana-legalizing states but with itself.

President Barack Obama has claimed that the affects of marijuana are no different than those of alcohol.  But Michele Leonhart, director of the DEA, opposes legalizing marijuana as “reckless and irresponsible.”

This has reportedly led her boss–Attorney General Eric Holder–to order Leonhart to “get in line” with the administration’s efforts to legalize marijuana and lessen the penalties for people who commit federal drug crimes.

Until there is a concensus by lawmakers and citizens on what America’s policy on marijuana should be, the results will be continued tension and confusion.

FBI DOESN’T SPELL P-O-T: PART ONE (OF TWO)

In History, Law, Law Enforcement, Social commentary on May 22, 2014 at 12:50 am

The FBI has a problem.

The Bureau needs more specialists to combat cybercrime–especially now that the Obama Justice Department has indicted five Chinese military officials for hacking into American companies to steal trade secrets.

On the other hand: Many of the tech-savvy experts the FBI wants to hire are as much into marijuana as they are into computers.

On May 19, FBI Director James Comey tried to inject a note of humor into this situation when addressing a New York conference.

FBI Director James Comey

Comey said the FBI was grappling with balancing its desire to recruit a strong workforce against changing attitudes on marijuana use by states and young adults.

“Some of those kids want to smoke weed on the way to the interview,” said Comey.

The comment landed Comey in hot water at a hearing of the Senate Judiciary Committe on May 21.

“Do you understand that that could be interpreted as one more example of leadership in America dismissing the seriousness of marijuana use and that could undermine our ability to convince young people not to go down a dangerous path?” asked Senator Jeff Sessions (R-Alabama).

“Very much, Senator,” Comey replied. “I am determined not to lose my sense of humor, but, unfortunately, there I was trying to be both serious and funny.

“I am absolutely dead-set against using marijuana. I don’t want young people to use marijuana. It’s against the law.  We have a three-year ban on marijuana.   I did not say that I am going to change that ban.”

By this, Comey meant that the FBI will not hire anyone who has used marijuana during the previous three years.

Comey was referring to marijuana’s still being illegal under the federal Controlled Substances Act.  Despite this,  many states now allow its use for “medical” purposes.

In Colorado and Washington state, it can be legally used for any purpose.

Which, in turn, brings up a salient point:

The dangers of secondhand smoke are now almost universally accepted, even by smokers.  But from a strictly health-related viewpoint, there is as much reason to restrict exposure to marijuana smoke.

Consider the following from the California Office of Environmental Health Hazard Assessment OEHHA) of the State’s Environmental Protection Agency:

“MARIJUANA SMOKE LISTED EFFECTIVE JUNE 19, 2009 AS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER [06/19/09]

“The Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency is adding marijuana smoke to the Proposition 65 list, effective June 19, 2009.

“Marijuana smoke was considered by the Carcinogen Identification Committee (CIC) of the OEHHA Science Advisory Board at a public meeting held on May 29, 2009.

The CIC determined that marijuana smoke was clearly shown, through scientifically valid testing according to generally accepted principles, to cause cancer.

“In summary, marijuana smoke is being listed under Proposition 65 as known to the State to cause cancer:”

Yet marijuana smoke is treated as something harmless, even as a subject for humor.

On “The Tonight Show,” Jay Leno often joked about the growing number of “patients” who need “medical marijuana” as a remedy for glaucoma.

In San Francisco–long known as a bastion of tolerance for drug-abuse offenses of all types–police are cutting back on the enforcement of drug crimes.

Marijuana

This is especially true in the case of marijuana.

The SFPD claims this reflects a shift to focusing on violent crime,

The decline is also partly due to a 10% staff cut during the past two years, as well as a $600,000 reduction in state and federal grants for drug enforcement.

The president of a property management agency recently told me that if a tenant complains of marijuana smoke pollution from another unit, the police will not enter the unit from which the stench is coming.

Yet marijuana remains illegal under the Federal Controlled Substances Act (CSA), classified as a Schedule 1 substance.

A Schedule 1 substance is defined as having the following characteristics:

  • It has a high potential for abuse.
  • It has no currently accepted medical use in treatment in the United States.
  • There is a lack of accepted safety for its use under medical supervision.

And despite the unwillingness of the SFPD to enforce anti-drug laws, a 2011 Supreme Court decision allows police to force their way into a home without a warrant.

By an 8-1 vote, the Court upheld the warrantless search of an apartment after police smelled marijuana and feared that those inside were destroying incriminating evidence.

In addition, Federal asset forfeiture laws allow the Justice Department to seize properties used to facilitate violations of Federal anti-drug laws.

On November 6, 2012, Americans overwhelmingly re-elected Barack Obama as President of the United States.

And on the same date, Americans in Colorado and Washington state overwhelmingly voted to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21.

Both measures called for setting up state licensing schemes for pot growers, processors and retail stores.

On December 6, 2012, hundreds of potheads gathered at Seattle Center for a New Year’s Eve-style countdown to 12 a.m., when the legalization measure took effect.

When the clock struck, they cheered and lit up in unison–as though inhaling cancerous fumes and a skunk-like stench was something to celebrate.