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
