President elect Donald Trump’s appointment of Attorney General Jeff Sessions is all the Buzz…Kill, The fear of many is that Trump will allow Sessions to unleashes the dogs. If that happens then Bill Montgomery’s hopes that were dashed by the Obama Administration’s Federal Memos and Congress’s clenching of the purse strings can once again resume full scale. I say full scale because on the down low an unknown number of Dispensary operatives have apparently been getting busted for buying off the black market to meet demand, but lets all take a collective breath. Inhale, ok now let it out slowly “ohm, ohmm, ohmm” Na no need to cue Tommy Chong and scare you any more than you already are. I’ll get back to the dispensary black market buys later and how if they just come clean they could possibly help me test my theory to get our grow rights back. I’m going to throw out another possibility that would end the 25 mile rule but not in A good way the Dispensaries would like. Before I go there, I must give my usual disclaimer that this will be lengthy as none of my writings are short, this one may need another pot of coffee. I offer no legal advice, I am not an attorney, only stating how I personally feel on any given subject; consult an attorney on any matters discussed of a legal nature and I hope everyone has a wonderful Christmas and Happy holidays.
I honestly think much of the reaction since Trumps victory is based upon old party political lines. I’ve been writing for a long time as an independent equal opportunity offender and since 2016 a Republican convert and may go back if needed for political statement sake. The legalization of Cannabis has been pigeonholed as a liberal or Progressive movement, but with 90% of America supporting MMJ that obviously isn’t the case any longer. It’s now a mixed bag with an undeniable 60% and climbing of Americans now in favor of Adult Recreational use as well. Conservatives and independents reacting to truth are pushing this once liberal/progressive movement over the top. American conservative business publications have and still are writing in favor of “States Rights” on Cannabis the same way they helped alcohol prohibition end, mostly due to recognition of the tremendous amount of money to be made when it goes mainstream.
I also do not think the conservatives recognize how much of Trumps base supports legalization. As I’ve stated before, the topic has came up at his rallies and at least so far as MMJ is concerned he has not wavered in his 100% support even to the face of staunch prohibitionists. So why is everyone freaking out about the Jeff Sessions Secretary of State appointment as relates to MMJ, Trumps the boss right? Chris Christy was an alternative candidate who stated just before the first Republican debate; “If you’re getting high in Colorado today, enjoy it As of January 2017, I will enforce the federal laws.” Was Christy just more likely to tow the line than Sessions would? Remember when Pence was disagreeing with Trump over Russia and Trump stated Pence was wrong, what did Pence say after that? Nada, the main issue I see, is one that played out here over prop 205 between Safer Arizona and the “Industry”; Capitalism vs Progressive ideology but to be fair A Safer Arizona board member stated it began with the ideology of Anarchism, I don’t think that will fly with Trump. Industry vs free for all is what I think plays out in the minds of the average Voter. So the question should be what is Trump going to push now he has the power to actually do something at the Congressional level where our “go it alone President” Obama did not. Not only does Trump possess the powerful Presidential pen Obama had, but also the House and Senate of which I see Trumps appointments aiding him in leading Congress. But Trump being Trump things could change.
As a teen I read everything I could of Trump’s success, my goal was to be a Real Estate investor. As a young man I pulled a B average in Real Estate Law in aspirations of that goal but side tracked for my passion of Music. I literally studied Trump and what I see is him setting the stage for Negotiations, walk softly but carry a big stick. We need to ask ourselves some questions outside our political views, what does trump Read, where does he get his information? Forbs? Money? Ect. I’ve certainly read articles in many of those publications that have been writing favorably about MMJ and MJ, but Trump does not conform to the typical stereotype. Roger Stone who strategized for Richard Nixon, Ronald Reagan, and George H.W. Bush and a veteran of eight national presidential campaigns writes ;
“ Canceling the order by Obama attorney general Eric Holder to stand down on Marijuana would cause a major dislocation in multiple states that are currently budgeting millions in state revenue from the taxation of marijuana and un-employing hundreds of thousands of people currently working in an industry legalized by the states. I would urge President-Elect Trump to view this as a business man; U.S. government cannot turn back the clock on federal marijuana law enforcement.”
Source; http://newswithviews.com/Stone/roger106.htm
I think Trump may give an ear to this advisor, but on a side note from my love of reading Constitutional law and the founders, I note that Mr. Stone in his article cites a Jefferson Misquote that has circled for quite some time. I think it’s worthy of pointing out because it has a good analogy to our cause, he incorrectly writes; “If the people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny.”
The Jefferson misquote I seemingly forever point out originated from the book “Notes from the State of Virginia” of which was a compilation of writings of Thomas Jefferson.
That version was morphed from Jeffersons response to a French writer: “Was the government to prescribe to us our medicine and diet, our bodies would be in such keeping as our souls are now. Thus in France the emetic was once forbidden as a medicine, and the potato as an article of food.”
I think the true quote holds more value for us relative to Cannabis given that France banned potatoes in 1748 after the Spanish imported the vegetable. Propaganda immediately sprung up against the Incan/Aztec import. Farmers who were suspicious stating it caused leprosy and was poisonous, at least it only took them 24 years to recognize the error of their ways and end potato prohibition. A medical army officer named Antoine Auguste Parmentier was captured in 1771 and sentenced to prison. Parmentier along with the other prisoners were fed only potatoes and to everyone’s surprise they didn’t die or get any disease. After his release from prison he championed the potato cause by writing a thesis and lobbying the French government. 20 years later and France couldn’t get enough of the potato and the French fry was born.
Do you see where I’m going here? The truth is out, they can’t stuff it back in the bag, it isn’t only one cat but many and the more lies they tell, it hurts them more in the end, because we just keep coming with how they just lied again. Eventually it’s boy who cried wolf and voters in privacy of their voting Booth call them a liar.
I think Trump knows and intends more for the emerging industry than he lets on, I still stick by my predictions of which I’ve been pretty good at and say Congress is going to act, it would have been better our State passed prop 205 in tipping the Congressional scales but President Elect at least is adamant that it has Medical benefit, did Obama when the topic came up regarding rescheduling? Nope, Obama let them say that it has no know medical benefit without a word to the contrary, in my book Trump has already taken a stand for us. Now that Obama is leaving he states it should be treated like Alcohol, well that helps and we do owe him a bit of gratitude for the federal memos. To tell the truth even as a MMJ advocate I’d much rather see Cannabis treated like Alcohol where we can make our own for personal use without sales than the FDA getting their hands on things.
But if trump appoints someone to demolish the FDA or even one who is a MMJ supporter, that might not matter and boy oh boy, Bill Montgomery would sure be upset given one of his positions is MMJ should be regulated under FDA. Evidence of Trumps stance may be seen under close examination of his words, such as how he pointed out in a Fox News interview the day Hillary made statements she would be supportive of Federally rescheduling cannabis to class 2. Trump pointed out of how Ohio voters denied MMJ because it would have created a monopoly of which he said was crazy, this should give us insight that President Elect is up on the issues and I believe leans to the open market. In this interview around the rescheduling question he seems to imply something will be done Federally surrounding MMJ. https://www.youtube.com/watch?v=iAep-GiOTSo
Before the Presidential Election I wrote an open letter to Donald Trump some of you may recall asking what he meant by his statements of support for States Rights regarding Marijuana reform. States Rights seemed self-explanatory on the surface, but I asked for a predictive reason. Bill Montgomery’s statements in his scheduled Wednesday Nov. 30th news conference solidified why, by stating what he “expects” from President Elect Trump;
“Either this administration means what it says about law and order, or it’s a farce. And in which case, Arizona should be able to pass its own immigration laws, should be able to pass its own laws and regulation on abortion, and the federal government should stay out of our business.”
I was picturing a time in which the remaining prohibitionists within the Conservative party might use Trumps immigration stance to leverage their prohibitionist position in attempts to force him with his own ideology.
Could this be part of Trumps plan for the FDA?
Montgomery did just what I thought he would, implying that if Trump believes in following federal law regarding the “illegal” immigration issue then he must do the same about Marijuana. Clearly Montgomery and other prohibitionists of power around the States are pushing their agenda but they know where Trump stands on at least MMJ so they are altering course, not pushing against it likely out of fear of his big stick. The sky isn’t falling, we simply predict, prepare to march forward, we should restrain ourselves as good negotiators from being so negative and giving Trump a chance to fulfill the not so “Republican” expectations of those who voted for him. The Republican party today seems like that saying, this ain’t your daddy’s Oldsmobile, being comprised of a mix of the good old boys, independents, Democrats and even some Bernie Sanders folks to boot. I have previously written that the Prohibitionist elements are having to concede that MMJ at least is a lost cause and that can be read between the lines of what Bill Montgomery goes on to state;
“Marijuana should be cut off for those abusing the medicinal-marijuana system for recreational use and in states that have approved recreational usage,”
Remember back in the runup campaign to 2010 how Bill Montgomery was trying to propagate MMJ as being so evil and going to ruin Arizona? His ilk couldn’t rally all the independents and conservatives against it, it passed, narrowly but not without those of us crossing over. At the 2016 Sandra Day O’Connor College of law prop 205 questions and answers forum, Bill Montgomery actually stated good things about the MMJ program at the Conclusion of the event. Now I don’t really think he believes that, I didn’t hear him say “I was wrong” but it’s more evidence that we have claimed significant ground, we simply need to unite and keep telling the truth, take a breath and we will eventually see the Federal Government Change it’s stance.
Laboratories of Democracy
Did you know we grant visas every year at a rate of 675,000 “permanent immigrants?” That number of Legal immigration even goes over that due to “certain circumstances”. If prohibitionists wish to use the enforcement of immigration law argument against Trump it must be pointed out that Immigration already has a legal means at the Federal Government and arguably enough people to meet our labor demands fall within that legal means. Cannabis does not have a legal Federal means and in addition prohibition is based upon lies, thus the need for the “laboratories of Democracy.” Conservative Constitutional scholars such as Kevin Gutzman should speak to Bill Montgomery regarding states rights. Upon that reason the President Elect should take a fostering course on the “will of the people” and I firmly believe he will with Congress on the grounds of Truth and Justice for All, he can kick the can a while with congress if he plans on Re-scheduling, could we pray for Schedule 3? Mr. Montgomery stated his “expectations” of President Elect Donlad Trump, I think he will follow the “expectations” of the NEW Republican party or he will be gone in 4 years.
So how could the 25 mile rule end?
The 25 mile rule would end for MMJ patients if the Federal dogs are unleashed on the Dispensaries, or as NRA Executive Vice President Wayne LaPierre once called them: “jack-booted thugs” who wear “Nazi bucket helmets and black storm trooper uniforms” and “attack law abiding citizens,”- or NRA President Tom Washington once described “black-suited, masked, massively armed mobs of screaming, swearing agents invading homes of innocents.” As those 1990’s NRA officials put it, they failed to recognize hindsight would one day become 20/20 to include the War on Cannabis’s victims from a foundation of lies. Today would Montgomery invade the MMJ patient cultivating at home for his meds if they took out the dispensaries? Doubt it, the bloodbath of otherwise qualified growers with just 12 plants wouldn’t bode so well. They got a real bad image over the years from the family terror from false raids where the storm troopers got it wrong, raided the wrong house and Grandpa grabbed a gun thinking his house was being invaded, dead, shot dead, not even a pot seed. A young man back from war attempting to defend his home from Jack booted thugs who got the wrong house, he’s dead and Bill Montgomery wishes it to return to that scenario, naa, he would pick the easy fish to fry?
If dispensary raids resumed as Bill Montgomery hopes, what is the worst case scenario, besides it being a real bad time to be in the industry? Well lets look at what President Elect promised on immigration that those here illegally will have to leave then come back in under a legal process. The Feds would first issue a warning with guidelines; On the illegal immigration front If there is an impact of deportation to industry such as Agriculture and service industry those legally re-entering will be sped up, pretty simple and keep in mind there already is a legal process. Trump can’t say to the dispensaries to close up shop and wait for a Legal Federal means, for this reason I highly doubt he will raid dispensaries, I bet he will say he plans to lobby Congress to change the Federal law.
Let’s Roll back the clock to President Obama’s first years in office and Jan Brewer/ Bill Montgomery’s statements that every Dispensary in Arizona would be raided as they opened in opposition to Prop 203. How? By asking the Feds to do the dirty work. High court rulings particularly the 9th were already on the books regarding States rights; Did Bill Montgomery say he would raid every MMJ patient grower? NO, Were arrests being made on MMJ patient growers selling on Criagslist making money? Yes. How about those who stayed well within the law without selling overages? No. The Government had bigger fish to fry and the issue was Making money, Trump will want money to be made and taxed.
A speaker at MITA’s November 2016 meeting spoke of the vast amount of grow space available in the industry and can supply the patients will all the meds they need. That raised a red flag to me so I wrote to MJ attorney Tom Dean to ask for citings regarding the rumblings I’ve heard of Dispensaries buying off the black market to fill the patient demand. Due to confidentiality he could not provide specific cases without client permission but stated. “If this fact becomes a disputed issue of influence, then I would take those steps, but never has a dispensary owner or manager denied the fact to my face, although they may insist that it doesn’t go on at their dispensary”
Shouldn’t our cultivation rights come back under prop 203? Wasn’t intent of the law to have an uninterrupted “legal” availability of Meds within 25 miles or we can grow our own?
Perhaps dispensaries could have just written a certified letter to the Dept of Health that they were about to run out and would not be operating for a few days, post a notice on the front door to patients. Patients re-certifying or just getting Cards for the first time could at least ask for cultivation rights based upon fact that there are documented shortages that cannot supply a “continual uninterrupted supply of MMJ within 25 miles from home”. I am only sharing my interpretation with you. If dispensaries are obtaining MMJ off the black market what else are we un-aware of, Bud enhancers for ornamental use only, being sprayed on the flowers?
36-2804.02 Registration and certification of nonprofit medical marijuana dispensaries 3, (f) states “ A DESIGNATION AS TO WHO WILL BE ALLOWED TO CULTIVATE MARIJUANA PLANTS FOR THE QUALIFYING PATIENT’S MEDICAL USE IF A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY IS NOT OPERATING WITHIN TWENTY-FIVE MILES OF THE QUALIFYING PATIENT’S HOME.”
Where does it say we are entitled to an uninterrupted availability of MMJ you might ask?
Well they removed it from the web site at the State Legislature sometime in 2012, why and how? I don’t know, as I voted on that provision that was important to me and did not read where it could be striped without voter approval. Since that time Prop 203 has a hole, it goes ARS 36-2811 then 36-2813 Where is ARS 36-2812 the Affirmative Defense provision that vanished when the dispensaries came? I was hollering about it back in 2012 but never got a logical answer. Here’s the quote;
“2. The qualifying patient and the qualifying patient’s designated caregiver, if any, were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition.
Source:
Just the Affirmative defense portion from 2010 posted after prop 203 passed: http://www.keytlaw.com/arizonamedicalmarijuanalaw/the-mmd-law/ars-%C2%A7-36-2812/
Notice I’m talking about what I believe and voted on as I went into the ballot box, this was and still is my interpretation. I do not advise anyone of any legal interpretation only others must have as well, my interpretation and feelings are I was deprived under the law as a voter and qualified patient currently with written doctors recommendation but no card. For this reason of trust, economics, safety and fear of targeting by Child protective Services I have been forced to abstain from a herbal remedy I truly believe in, within a spirit of the law to provide “undoubtedly” severely impaired citizens such as myself legal means of Cannabis. I voted for the failsafe of qualified defense written into prop 203 against government abuse and harassment of law enforcement. If I couldn’t afford a card I could get (and have) a Dr. Recommendation every few months to use MMJ for my Qualifying Condition and if I were raided and arrested so long as my MMJ cultivation or use was soly for personal use not even giving any away, I would be able to present to the judge I acted within the spirit of the law and the case would be thrown out. Why did it vanish? Could it be so that the State could ask Federal Agents to file charges for non-compliance of State law? Could it be for reasons of Profits?
“Convictions are more dangerous foes of truth than lies.” ― Friedrich Nietzsche
A war was waged against us, the Maricopa County Attorneys office attempts to deny that in their Blog and presents it to the voters as a nice glass of cool aid on a hot summer day; “Wars, Rumors of Wars, and Our Nation’s Drug Policy Nov. 21,2016
The war metaphor was originally popularized by the media to describe President Nixon’s special message to Congress on Drug Abuse Prevention and Control in 1971 in which he outlined a new strategy to prevent and treat drug addiction. So, is there a “War on Drugs?” No. Rather, it is an ongoing effort to have a national drug policy that reduces the impact of drug use on individuals, their families and society and reduce the risk of harm to others as well because of the consequences of drug use. It is a flexible approach seeking to provide treatment to those who struggle with addiction while imposing harsher penalties on those who facilitate addiction by engaging in the sale and trafficking of drugs.”
Source; https://openingstatementblog.com/2016/11/there-is-no-war-on-drugs-and-were-not-losing/
Here’s the truth folks and don’t drink that kool-aid Mr. Montgomery attempted to give you. In 1973 National Commission on Marijuana and Drug abuse spawned bipartisan support recommending Nixon decriminalize Marijuana based upon Scientific and social research of that time. Nixon did the opposite, went to war on Marijuana with full knowledge it was a lie. Former Nixon domestic policy chief John Ehrlichman, made statements in a 1994 interview to Harpers Writer Dan Baum. Ehrlichman stated; “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
Sources; https://harpers.org/archive/2016/04/legalize-it-all/
I’ll leave you with some food for thought, if I’m wrong about Trump everybody better get their ducks in line, either way we better unite, there is plenty of blame to go around. I wan’t to share with you a response I got from Mr. Dean after my last Writing about the Safer Az Drafting meeting and MITA rep Demitri Downing’s input representing the industry interests. Attorney Tom Dean points out that we all need to focus on legalizing Cannabis and I for one believe that to include home cultivation of a reasonable number of plants, we still have a long way to go:
“Downing has been good enough to meet with the Safer Drafting Committee on more than a couple of occasions and his input has been very helpful. Often I hear people say that “there has to be some common ground” to which I say that there already is. We all want to legalize cannabis! That’s a pretty big common ground to start with. From there, we just need to work out the details. Easier said than done, for sure, but doable nonetheless.” – Tom Dean “
Thanks for your support and next story up: “My Q&A with Department of Child Safety” Are they taking THC false positive medications such as Ibuprofen into account before snatching children? Do they take natural cannabinoids such as breast milk into account? And what are the Guidelines for MMJ qualified patients? It’s an interactive story.
Follow me on twitter @AdvocateMmj
Email: MmjWriterAdvocate@gmail.com
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