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Free Mary Jane - Smoking is Not a Crime

Tatiana LD Stone-Carter

January 13, 2012

FREE MARY JANE

Condemnation of Cannabis Sativa, aka Hemp, Weed, Mary Jane (marijuana), Ganja, Chronic and Killer (although this herb has never notably caused death) is rooted in racism, unethical, and - when perceived within historical context – is in fact a direct violation of United States Anti-Trust laws.  Smoking is not a crime.

Possession of Cannabis, and its use for personal consumption, is not the crime.

Blood content levels testing is an absolute invasion of privacy that should be outlawed for both alcohol and THC (the psychoactive component of Cannabis); and restricted to forensics, medical, and autopsy analysis only.  Privacy is priority, not a privilege.

Little do most know, the term “marihuana” was made up – by our Federal goons.

Widely known throughout history, marijuana buds have been smoked just like tobacco.  From indigenous American tribes, to the fields of southern slave plantations; Gold Rush mining pioneers, to immigrant laborers from Mexico, many have shared in this relaxation therapy.  Everything is not for everybody.

Prior to 1970 the only legal troubles associated with Marijuana were improper recording of transactions, and/or failure to pay excise tax.  At that time the tax requirement per individual was about one dollar per year.  How petty is that?

In 1970 the Comprehensive Drug Abuse Prevention and Control Act was passed under the Nixon Attorney General.  Part F of this legislation established what was briefly known as National Commission on Marijuana and Drug Abuse.  Chairman Raymond P. Shafer recommended in the First Report to Congress (I do so quote) “Criminal law is (much) too harsh a tool to apply to personal possession, even in the effort to discourage use (smoking pot).  It implies an overwhelming (, unfair) indictment of the behavior which we believe to be inappropriate.  The actual and potential harm of use of the drug is not great enough to justify intrusion by the criminal law into private behavior, a step which our society takes only ‘with the greatest reluctance.”  …Indeed.

The plant is currently banned under schedule one of the Controlled Substances Act – as a synonym for Heroin.  Cannabis is closer to an opposite, yet it carries the same stigmata as a deadly opiate.  This reputation of marijuana being poisonous, an addictive, useless drug is unsubstantiated, deceptive bias.  One power drunk Commissioner, entrusted to his position by the people of our Nation and the President of the United States, falsified records, misused his political appointment to no limit, and manipulated the powers of government.  It was Harry Anslinger who said:  “There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others."; "Reefer makes darkies think they're as good as white men."; and (just as absurd as all) "You smoke a joint and you're likely to kill your brother."  Anslinger, himself, invented so called ‘smear campaign’ tactics, lied to an entire nation, and killed a viable industry.  The results:  National Debt; Federal corruption, and scandals;  inexcusable genocide.

Why did the Anti-trust laws fail us in this early application?  The opposite evil, to one individual or company monopolizing an industry, is:  when that industry is wiped out or forcibly made obsolete.  For example, what if automobiles were outlawed because they emit poisonous fumes?  What if our government stopped the production of apples because the seeds are a leading source of arsenic?  What is the impact when an industry is erased; like pork, oil, paper, basketball, or electricity?  The proven consequences include missed profitability, loss of income, reduced quality of life, lower Gross Domestic Product Output; and worse.  Our government is supposed to intervene in favor of the oppressed industry.  However, lawmakers disregarded what was right, ignored the opinions set forth by designated experts, and acted on behalf of their own self-interest, personal promotion of power, and greed.  Please wake up!

Medical Marijuana is an oxymoron. 

First of all, the definition of a drug is:  anything that can treat, cure, or prevent disease.  Addiction is NOT a disease.  If it were, everyone in the world would be afflicted, making addiction the biggest epidemic in all of world history.  Herbs and vitamins are generally accepted to have some health benefits, yet it is also accepted that no person should require a prescription or doctor advice to gain these benefits.  Medical doctors are highly respected in our society.  No physician wants the responsibility of writing prescriptions for something which has had no pharmaceutical refinement.   If current drug abuse laws were relaxed, it is doubtful that our trained and revered physicians will be anything but hesitant to start prescribing crack-cocaine and crystal-methamphetamine to their beloved patients whom they do not wish to cause harm.  Therefore, all controlled substance USE should be restricted to “under doctor supervision only”.  Would not that make sense?

If doctors were the only source of controlled substances, the issue of addiction could be both addressed and assessed better.  Severe addictions would be treatable more easily because people would be less ashamed to seek help.  Patients would probably be less likely to lie about their substance abuse and history of drug usage.  Then more people would have access to medical insurance, with increased ability to co-pay for services.

After all, having a drug in your system is Not a crime.

The sale, transfer and production of all controlled substances – yes including marijuana – should remain prohibited.  Clearly, public safety, trade law, commercial taxation, and other enforcement concerns indicate necessity for control of substances listed in the Narcotics Schedule.  However, marijuana belongs in a class with Alcohol and Tobacco, rather than Heroin and LSD.  Opening Cannabis Sativa to commercial markets should remain very structured.

Big Tobacco, and other established horticultural industries should be kept separate.  There needs to be distinct guidelines for existing industries that express their interest in branching out to include this controllable substance.  Suggestions include a ten-percent land conversion limit on all farm property; restrictions against using THC as an additive to any existing product; and taxes on each additional step/level processing the product for consumers.  Essentially, the Pure Food and Drug Act of 1906 should be upheld; where possible.  Closed system distribution, requiring strict record keeping as well as tight security for the storage of controlled substances, is also important to maintain.  

The Drug Enforcement Administration made a mistake by vesting all of its power into a single individual for nearly three decades.  Police powers are supposed to protect and serve citizens, not control and brutalize.  Guns drawn; shoot first, then ask questions, is so old western Hollywood style.  Now is time for a heartfelt decision.

No matter how many people, organizations, businesses, States, other countries support Cannabis commerce; the final approval must come from three power seats within United States Cabinet.  The uniformly recognized supremacy of the Constitution over all other statutes, any treaty or contract, is ultimate.  Therefore no matter what any individual company, culture or religious group decides to do – the Federal Bureau of Narcotics is still going to terrorize our young, urban and affluent under the guises of big brotherhood and justice.  Until Mary Jane is Freed at last.

Unfortunately, claims to challenge the authority of the Narcotics Bureau have been futile to date.  This is because all of the cases were viewed strictly thru scientific and medical evaluations.  The decision is ultimately made between three appointed officials:  Deputy Director of the Drug Enforcement Administration; Assistant Secretary of Health and Human Services; and Commissioner of Food and Drug Administration.  Presently, two of these persons (all appointed by the U.S. President) also have M.D. titles.

From a purely medical and scientific standpoint, analysis of marijuana use does not take into account economic impact, domestic output, or common law.  Also the schedule one (unsafe substances with strongest abuse potential) wording itself should be taken into account:  A. the drug or other substance has a high potential for abuse.  As applied to Cannabis, this just does not fit.  No Harm has been directly associated with Cannabis, thus it is a low-risk substance.  Abuse should apply more to the ability of a person to use this substance to cause harm to another, not to a conscious choice to form a habit of doing something.  B. the drug or substance has no currently accepted medical use in treatment in the U.S.  Cannabis, as hemp, and as smoked bud, is Officially - Not a Drug At All.  It is an Herb and source of fiber, also used to make paper.  C. there is a lack of accepted safety for the use of the drug or other substance under medical supervision.  Cannabis is commonly accepted as harmless, and safe for adults who are not allergic to this plant.  This makes it about as dangerous as peanut butter.

Anybody can initiate proceedings to modify the schedule of controlled substances.  However, that somebody has to submit their proposal directly to the Drug Enforcement Agency, wherein lies the initial problem.  Why would the DEA forward any request that will reduce their power, or require them to admit a wrong?  Not in this lifetime.  There is another option.  Medical and scientific evaluations are binding to the DEA with respect to those matters, while recommendation on scheduling is binding to this extent:  If HHS rules a substance need not be controlled; the DEA may not control the substance. 

In Conclusion:  A true legislative proposal to decriminalize the smoking, use,

and consumption of marijuana should include ALL of the following components: 

Cannabis Sativa is approved for the production of hemp products with few limits

There is neither medical registration nor drug prescription required to smoke naturally

Smoking, use, and consumption of marijuana is forbidden to persons under 21

Only the Act of smoking marijuana in public areas, including private workplaces, is considered public intoxication, carrying similar penalties to alcohol intoxication.

Smoking while driving remains unrestricted, unconstitutional, not substantiated.

Processed or refined Marijuana products that are intended for consumption are all subject to development approval by the FDA.  Such alterations may (or not) be considered “drugs”.

Marijuana may only be sold wholesale; natural, organic, in its unadulterated form

Supermarkets will offer marijuana buds in the same manner as fresh cut flowers only.

Permits must be obtained for the growing of Cannabis Sativa in excess of two mature plants,

or four sprouting plants.

All sale of marijuana transactions must be recorded using accepted accounting principles

and reported as taxable income.  No exemptions.

Permit categories are as follows:  Growers, Wholesalers, Florists, Supermarkets,

Brokers, Hydroponics, Research

Separate licensing is required for:  Processing for textiles, paper production

Additional licensing is necessary for:  Refinement, chemical processing, product development with marijuana content

Labeling:  a produce sticker (think bananas, avocadoes) with bar code which also includes

a brief warning (smoking pot is not a safe alternative to tobacco), minimal and simple

Market Example:  Marijuana smoke, use, and consumption is decriminalized.

The recreational part of the plant is sold only in flower shops, greenhouses, wholesale or by individuals who have a Horticulture degree and private grower license.  Commercial retail sale of Cannabis is strictly limited to persons of the legal age to consume alcohol by permit holders within respective specifications.  Marijuana resale is undefined.  Processing and using marijuana substances as additives to existing products is expressly prohibited until such product or processing is deemed acceptable by FDA current approval process.  Persons smoking in public is considered distaste and punishable by a fine (much like a traffic ticket).  Sales to minors carry similar penalties to alcohol and tobacco violations (loss of license, fines, imprisonment).  Production, sale, and transport of marijuana taxable on all three levels (triple). Permit and License Violations are punishable by staggering fines ($500 first offence, $1500 second offence, $5000 third strike plus jail time for individuals), companies could be revoked, etc.  Enforcement remains in Federal jurisdiction.

WORKS CITED / RECOMMENDED REFERENCES

Controlled Substance Act 1970 - Part F

Leary v. United States – wikipedia.org

Federal Food Drug & Cosmetic Act 1938

1937 Marijuana Tax Act

www.druglibrary.org/schaffer/hemp/taxact/mjtaxact.htm

Harry J. Anslinger and the Campaign Against Marijuana  -by Alistair Summers

Online article at:  www.articledashboard.com

Harry J. Anslinger – wikipedia.org

Pure Food and Drug Act - 1906

Legal History of Cannabis in the United States – wikipedia.org

www.taxAlmanac.org/index.php/Internal_Revenue_Code_-_Subtitle_E_-_Index

Title 26 Internal Revenue Code – Alcohol, Tobacco, and Excise Tax

Hbin.tamu/HBIN-Greenhouse.htm - “Chain of Life Network®”

TTB.gov – Alcohol and Tobacco Tax and Trade Bureau

Tobacco Control Act – wikipedia.org

Counter Initiative Filed About Legalizing Medical Marijuana:  Rachel La Corte.

January 6, 2012.  Associated Press