Legal Loopholes in our Favor

UncleSunny

Well-Known Member
Hi.

Recently, The organization, Americans for Safe Access (ASA) petioned the Department of Health and Human services to prove their stance against Marijuana. Think about this...Marijuana is a Schedule 1 controlled Substance under Federal Law. What "Schedule 1 controlled Substance" means is that, and this is directly from the law:
[FONT=Arial, sans-serif][SIZE=-1](A) The drug or other substance has a high potential for abuse.[/SIZE][/FONT]
[SIZE=-1](B) The drug or other substance has no currently accepted medical use in treatment in the United States.[/SIZE]
[SIZE=-1](C) There is a lack of accepted safety for use of the drug or other substance under medical supervision. [/SIZE]

Any stoner worth their trichomes can think of at least two or three studies they've read about claiming the value of Marijuana for medical purposes. The problem is that despite the proof of Peer reviewed scientific studies by two bit quacks like Harvard Medical School, Oxford University and the American Medical Association, the politicians are not listening.
The ASA is changing that. There is a little known law called the Data Quality Act of 2001, which demands that any governing agency in charge of litigating passablity of a substance MUST be able to present proof based in scientific evidence as to WHY said substance should be prohibited.
See, this way, McDonalds can't get political clout to claim that Burger King food causes Herpes, therefore shutting them down. This is sort of an Internal Affairs situation when it comes to the FDA, (who, on another note, is coming up on some legislation that could completely legalize Medical Marijuana, or shut the entire program down for good, but that's another story, so stay tuned.)
The ASA filed this petition originally in 2004, and suprisingly enough, the Department of Health and Human Services ignored them for two years and then rejected the petition all together. This now allows the ASA to file for "summary judgment", forcing the agency to respond in kind within 90 days, or else face charges. Once there is precidence of the Dept of HHS, the entire position of Marijuana as a Schedual 1 substance will undoubtably come into question.

There is a change happening here. No longer can legislators face a growing pile of information ground in scientific research with the retort, "Marijuana's bad, M'kay!"
We live in a free society, and by that definition, we can do anything we want to, as long as we don't tread on others. That is my belief, one that I would be willing to fight and die for. Where it is true that my fight is ultimately for people dying and suffering who could genuinely use marijuana for cancer and aids, I do believe that even the simple Euphoric stress relief gained by the occasional smoker is Medical.

We are winning this fight.
 

Lacy

New Member
I've just recently found that you can legally grow medicinal marijuana for others that have a health card for it or yourself if you have one. I thought that was pretty cool.
 

Kant

Well-Known Member
as much as this makes me smile, the only way i foresee cannabis being rescheduled would be if the majority of states legalized mmj. Then and only then would the feds take a serious look at mmj
 

UncleSunny

Well-Known Member
I've just recently found that you can legally grow medicinal marijuana for others that have a health card for it or yourself if you have one. I thought that was pretty cool.
Um, what you heard is sort of true...but you can still, really, really get busted if this is all you know about what you recently heard. The concept of "caregiver" is a tricky, tricky spot in any State you are living in. Trust me. For example, those of you in Cali, growing weed or operating in a caregiver's club, look up Senate Bill 529. It applies to you, and unless you are a tireless freak about understanding the legality of your job, you just might go to jail.
Even landlords, under the Rico Act, can spend time in a Federal Prison for allowing a cannabis club on your property.

I dunno. Being paranoid can seem crazy, but there aren't a lot of highly paranoid people who get caught. It's when you let your gaurd down that they cornhole ya.
 

Kant

Well-Known Member
so really the best way to go about it is to just act as if you lived in a state that had no mmj laws.
 

medicineman

New Member
Well I live in a state with medical MJ laws, and the population of the state is around 3 million, so far only 600+ people have applied and gotten Medical lisences. WTF. seems like most people don't trust their government, I don't. I could qualify for a lisence, but untill the feds. relent, ,I'm not taking any chances. I mean you would be in a data base, your name and address right there for a DEA dude to look at, no thanks.
 

UncleSunny

Well-Known Member
Lemmie guess, Medicine Man, you live in a state like Nevada, that requires all patients to resigter with the police. Yeah, I wouldn't do that either.
The law about this is incredibly clear-there is no way ANYONE, not the FBI not the CIA, not the President himself can look at your medical records unless they are a doctor or authorized medical personnel, or you submit them to the government because of a security clearance issue in certain government jobs. It is called the Right To Privacy Act of 1984, and this act is supported by HIPAA (Learn more at www.hipaa.org ) which protects your medical records from anyone. Anything you discuss with a doctor, and anything that your doctor recommends to you which is allowed by the state is a matter of the utmost privacy, and any government agent looking into your medical records is a straight up felony.

However the reality of life is much different than the law. These State programs that make you register with anybody besides your doctor is simply a matter of legislators breaking laws because no one understands their rights.
I'll be honest with you, I think most people are smarter just to lay low and break the law. Even though the DEA is not allowed to look up my records and any State Data base [the in letter of the law] is completely illegal and unconstitutional; the reality is that large men with body armor and assult rifles can bust through my door because I smoke pot. If you are just a smoker and never have more than an ounce on you, there isn't much to worry about. Even in States that rail against marijuana only see it as a summary offence and you pay a fine, with prehaps some community service.

Fucking Patriot Act, it's gonna destroy everything our ancestors fought for.

 

medicineman

New Member
Just remember, these were all plans laid out by Bush and the neo-cons way before 911. They were either waiting for a 911, or planning it, I'd venture the planning model. Barring all the conspiracy theories, does it not make sense that they might have had a hand in planning a hit on the US to allow them to implement their evil plans, and start a war for profit. Seems very logical to me.
To really get the feel of the bush agenda you must do some background reading on him and the cast of characters, Rumsfeld, Cheney, Wolfowitz, Pearle, etc. Then it all seems to come together, how to destroy our rights and start an endless war seems very reasonable through their eyes.
What surprises me is that more people haven't discovered this and stood up to them. The democraps just keep nodding their heads and going right along with the plan, amazing.
 

TheConstantGardner

Well-Known Member
you should also add to the list:

indefinite detention without charge;
I was struggling with wording. Let us not forget that we can now be tried military tribunal style. No judge. No jury...

There is something more evil, more corrupt, and with more power than our government. It's called the Federal Reserve. It is the driving force.
 

Lacy

New Member
I live in Canada and our laws are different here. If you qualify to use cannibis legally then you have to have an illness that benefits from taking it. I qualify and am in the process of being legally able to grow my own marijuana. I haven't let down my guard but this definitely opens the door to not feeling like a criminal because I happen to smoke pot. I'm not looking to grow to sell for profit, I am just happy that our government has slacked off a bit about this. I really am looking into this each and every day to find out more and more about it but it does look promising.

Um, what you heard is sort of true...but you can still, really, really get busted if this is all you know about what you recently heard. The concept of "caregiver" is a tricky, tricky spot in any State you are living in. Trust me. For example, those of you in Cali, growing weed or operating in a caregiver's club, look up Senate Bill 529. It applies to you, and unless you are a tireless freak about understanding the legality of your job, you just might go to jail.
Even landlords, under the Rico Act, can spend time in a Federal Prison for allowing a cannabis club on your property.

I dunno. Being paranoid can seem crazy, but there aren't a lot of highly paranoid people who get caught. It's when you let your gaurd down that they cornhole ya.
 

UncleSunny

Well-Known Member
oh great Canada,
We foolish Americans have much to learn. I would move to Canada, but much like Medicine Man, snow and ice don't go well with me. Spent my first three decades living in the cold Ohio Valley, and well, Southern California has spoiled me for all time.
But yeah, Canada doesn't have the same issues America does. Sorry for the mistake, Lacy.
Peace.
 
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