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Testimony to the Senate Committee on RS 21862 and 21872

2/15/2013

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     After speaking with Senator Chuck Winder on February 15, 2013 at approximately 4:00 pm I have made the conscious decision to submit my testimony on RS 21862 and 21872 via e-mail as I will not be able to make it to the committee meeting at 8 am on Wednesday the 20th. I ask that my testimony, and the evidence provided be presented, and taken into consideration at this hearing.
     I feel that Senator Winder does not have a proper understanding of the “Controlled Substance Act of 1970;” After providing him factual and lawful information in regards to this Act Winder stated, “I don’t know what you’re talking about.”
     Looking at the facts contained within this Act, the classification of marijuana/cannabis is in direct violation of the Act itself, and therefore should be considered inadmissible. My factual reasoning behind this directs me to the requirements of a “Schedule I Controlled Substance.”
     According to USC>Title 21>Chapter 13>Subchapter 1>Part B>Section 812 “…a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows:” (I feel that only schedule I is significant in my testimony so I will not be listing all schedules.)

(1) Schedule I
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

     For this testimony I would like to direct my attention to part (B) of this schedule. This states that marijuana, as a Schedule I substance, has no accepted medicinal value in the United States. This is simply not true as there are multiple patents on medical marijuana; one in particular is held by the United States of America, as represented by the Department of Health and Human Services. This is Patent No. 6,630,507, which I have taken the liberty of adding for the committee.

United States Patent 6,630,507
Hampson , et al. October 7, 2003

Cannabinoids as antioxidants and neuroprotectants 

Abstract

Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia. Nonpsychoactive cannabinoids, such as cannabidoil, are particularly advantageous to use because they avoid toxicity that is encountered with psychoactive cannabinoids at high doses useful in the method of the present invention. A particular disclosed class of cannabinoids useful as neuroprotective antioxidants is formula (I) wherein the R group is independently selected from the group consisting of H, CH.sub.3, and COCH.sub.3. ##STR1##

Inventors: Hampson; Aidan J. (Irvine, CA), Axelrod; Julius (Rockville, MD), Grimaldi; Maurizio (Bethesda, MD)
Assignee: The United States of America as represented by the Department of Health and Human Services (Washington, DC) 
Appl. No.: 09/674,028
Filed: February 2, 2001
PCT Filed: April 21, 1999
PCT No.: PCT/US99/08769
PCT Pub. No.: WO99/53917
PCT Pub. Date: October 28, 1999

     This patent shows the many uses of cannabinoids which are found in marijuana/cannabis. What are cannabinoids though?
     One learns in biology that the human body has many systems; the circulatory, respiratory, digestive, and nervous systems to name a few. Each system of the human body has parts. For example, the nervous system is made up of the brain, spinal cord, and nerves. By the late 1980s, science identified a new human system known as the endocannabinoid system (ECS). This system present in all mammals, which includes humans and 15,000 other species. A mammal is any vertebrate animal distinguished by self-regulating body temperature, hair, and milk-producing females.
     The ECS has two main parts: cannabinoids, which are chemical neurotransmitters, and two receptors called “CB1″ and “CB2.” Cannabinoids activate receptors found throughout the body; in all organs, for example. In fact, all systems in our bodies are modulated by the endocannabinoid system. This means that as a body system changes, it uses the ECS to do so.
     Science has defined three classifications of cannabinoids. These are “endogenous cannabinoids” (endocannabinoids), which are produced by the human body; herbal cannabinoids, or the found in the cannabis sativa/indica plants (marijuana); and synthetic cannabinoids, normally produced and distributed by pharmaceutical companies, but also found in spice, k-2, or herbal incense (on one end of the spectrum these are deemed highly dangerous, on the other very valuable).
     Use of cannabinoids found in marijuana/cannabis is covered under Patent No.6,630,507. Since no one has been arrested for patent infringement, this is therefore called "Easement." The non-action of law enforcement enforcing this patent technically allows legal use of cannabis in all forms.
     When two Federal Agencies who receive federal tax dollars, claim different facts, the only facts which are true are contained under U.S. Patent laws, and not made up by the DEA.
     Making marijuana/cannabis legal is not about letting people smoke a natural non-toxic substance. It is about creation of jobs, making an already existing industry legal, and providing safe access to the world’s least harmful medicine.
     It is a crime to keep the marijuana/cannabis laws on the books, since the laws were created using fraud for “profit” and lies about its true uses; such as providing safe medicine, powering our cars, feeding the poor, clothing the world, and cleaning our skies of air pollution amongst thousands of other uses.
     Smoking cannabis is less than .1% of the total uses of hemp and marijuana. Users tend to be non-violent and peaceful. We only want freedom restored by using truth and liberty as a base; a concept that is very American. Using deadly force, military tactics, and invasions of privacy against us is unjust and should be considered as terrorism. Promoting or enforcing the laws against marijuana/cannabis is an act of treason on the sovereign citizens of America. ("…kill or personally injure the sovereign or the sovereign's family." [1])

[1] http://www.merriam-webster.com/dictionary/treason

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Federal Legalization Bill Could Attract Bi-partisan Support!

2/10/2013

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     Although the democrats in Congress may be the leader on marijuana reform; Colorado Rep. Jared Polis, the Democrat who introduced a bill this week that would make the federal government treat cannabis the way it treats alcohol, says Republicans should see a lot to like in his bill.
     First, there is the appeal to fiscal conservatives; “Anybody who cares about the budget deficit needs to look at all potential sources of revenue,” Polis told Salon in an interview. Polis and fellow co-sponsor Rep. Earl Blumenauer, a Democrat from Oregon, estimate that their proposal could raise $20 billion a year in new taxes on cannabis sales.
     “I think it’s part of the overall budget fix that we need to balance the budget and restore fiscal integrity. This is an area where it turns it from a liability and a cost center, in terms of fighting the drug war, into a revenue source to help fund schools, to help close the budget deficit, and to help ensure that other programs don’t need to be cut as much,” Polis continued, sounding much liked a deficit hawk.
     There is also the issue of states’ rights and local control; “Somebody can want to keep marijuana illegal in their state or in their county, but all this does is keep the federal government out of it and lets states and counties decide how to treat it within their borders. That’s really the focus of our effort,” he explained.
     Polis hails from Colorado, where voters in November approved a similar tax-and-regulate regime. “The libertarian ethos of Colorado, our proud culture of independence, make this a very popular issue that cuts across party lines,” he said.

     Even archconservative former congressional representative Tom Tancredo, best known for his hard-line immigration views, supported Colorado’s legalization effort. (He has since backed down on his promise to smoke a joint if the bill were approved.)

     Polis and Blumenauer’s bill is based on a bill originally introduced by Democratic Rep. Barney Frank and Republican Rep. Ron Paul, both of whom have left Congress. “It’s absolutely a bipartisan bill. I think it appeals across the ideological spectrum. This had a lot of support for Republicans, Democrats, and Independents in Colorado,” he said.

     Polis says he has been surprised at how quickly support has grown for reform both within Congress and outside. “Even from when I started in Congress just four years ago, there’s been increasing support and recognition that the drug war is failing,” Polis said.

     Still, for lawmakers who hail from states that have not enacted medical marijuana or legalization statutes, “it’s still a non-issue, so it’s harder to get it on their agenda.” Polis encouraged people who care about this issue to put it on their lawmakers’ agenda by calling their offices, raising the issue at town halls, and appealing to Republicans in language they can understand.


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Idaho...Jumping Off the Deep End!

2/9/2013

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     February 8th, 2013 there were two RS's introduced in the Senate Affairs Committee.  They were RS 21862 and 21872. One is to “permanently ban” marijuana from Idaho, in all forms. The other is to demand that the Federal Government enforce its laws that and crack down federally.
     “We went to the hearing today to oppose the legislation. There were several people there for comment. It went to committee because there were too many of us to take comment from at that hearing. The Chairman at one point asked a question along the lines of almost implying that it was a joke. As he said something like, "do you expect this to get far in committee?" That's a loose quote. We had activists there signed up to speak, including myself, and they had people speaking for those laws signed up as well. They looked shocked that we were there. Our new petition comes back from the Idaho AG with recommendations no later than Tuesday. We feel that this is a knee jerk response to our petition.” Lindsey Rinehart
     “We have contacted the Idaho ACLU. Had we not been there, this would have been voted through to print without committee and would have gone straight to the Floor for a vote. We wouldn't have had a chance. I know it sounds backwards, but in this one case, it going to committee was better than what would have happened. We have a chance to fight back now.” Lindsey Rinehart
     “I called the secretary for this committee and she said that we need to watch the legislative page for when the next committee is. She said we will probably get about 2 days notice. We need this to be standing room only and in our favor. Supposedly, The Association of Idaho Cities was the organization that put forth the one just for Idaho.” Lindsey Rinehart
     “We will need this meeting to be PACKED and it will be very short notice.  Please e-mail me at lindseyrinehart@compassionateidaho.org to have your phone number placed on a Text list for when this goes to committee.  We Need as many supporters of medical marijuana there as possible.” Lindsey Rinehart.

     Thank you Lindsey for sharing this information and allowing me to have it published on other sites. I look forward to our continued work in the future, and watching our relationship grow into some beautiful buds….no pun intended, or was there? You decide.

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Changing Tides: Federal Reclassification on the Horizon

2/5/2013

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An effort is currently building in Congress to change the United States cannabis laws. This effort includes moves to legalize the industrial production of hemp and establish a hefty federal marijuana tax.
     While passage this year may be a long shot, lawmakers from both parties have been quietly working on several bills; the first of which Democratic Rep. Earl Blumenauer of Oregon and Rep. Jared Polis of Colorado plan to introduce Tuesday.
     Polis' measure would regulate cannabis in a manner similar to the way the federal government handles alcohol. In states that legalize pot, growers would have to obtain a federal permit. Oversight of marijuana would be removed from the DEA (Drug Enforcement Administration), and be given to the newly renamed Bureau of Alcohol, Tobacco, Marijuana, and Firearms.  It would remain illegal to bring marijuana from a state where it is legal to a state where it is not legal.
     The bill is based on a legalization measure previously pushed by former Rep. Barney Frank of Massachusetts and former Rep. Ron Paul of Texas.
     Blumenauer's bill would create a federal cannabis excise tax of 50 percent on the "first sale" of marijuana, typically, from a grower to a processor or retailer. It also would tax cannabis producers or importers $1,000 annually and other marijuana businesses $500. His office said Monday it does not yet have an estimate of how much the taxes might bring in; but a policy paper Blumenauer and Polis are releasing this week suggests, based on admittedly vague estimates, that a federal tax of $50 per ounce could raise $20 billion per year. They call for directing the money to law enforcement, substance abuse treatment, and the national debt.
     Last fall's votes in Colorado and Washington State to legalize recreational marijuana should push Congress to end the 75-year federal cannabis prohibition, Blumenauer said.
     Washington state officials have estimated that its legal marijuana market could bring in about half a billion dollars per year in state taxes.
     "You folks in Washington and my friends in Colorado really upset the apple cart," Blumenauer said. "We're still arresting two-thirds of a million people for use of a substance that a majority feel should be legal...It's past time for us to step in and try to sort this stuff out."
     Advocates who are working with lawmakers acknowledge it could take years for any changes to get through Congress, but they are encouraged by recent developments. Senate Minority Leader Mitch McConnell last week came out in support of efforts to legalize hemp in his home state of Kentucky, and U.S. Rep. Dana Rohrabacher, R-California, is expected to introduce legislation allowing states to set their own policy on cannabis.
     Senate Judiciary Chairman Patrick Leahy, D-Vermont, has indicated he plans to hold a hearing on the conflict between state and federal marijuana laws and has urged an end to federal "mandatory minimum" sentences that lead to long prison stints for drug crimes.
     "We're seeing enormous political momentum to undo the drug war failings of the past 40 years," said Bill Piper, director of national affairs for the Drug Policy Alliance, who has been working with lawmakers on cannabis-related bills. "For the first time, the wind is behind our back."
     The Justice Department has not said how it plans to respond to the votes in Washington and Colorado. It could potentially sue to block the states from issuing licenses to marijuana growers, processors, and retail stores on the grounds that doing so would conflict with federal drug law.
     Blumenauer and Polis' paper urges a number of changes, including altering tax codes to let marijuana dispensaries deduct business expenses on federal taxes, and making it easier for cannabis related businesses to get bank accounts. Many operate on a cash basis because federally insured banks will not work with them, they noted.
     Blumenauer said he expects to introduce the tax-code legislation as well as a bill that would reschedule marijuana under the Controlled Substances Act, allowing states to enact medical cannabis laws without fear that federal authorities will continue raiding dispensaries or prosecuting providers. It makes no sense that marijuana is a Schedule I drug, in the same category as heroin and a more restrictive category than cocaine, Blumenauer said.
     The measures have little chance of passing, said Kevin Sabet, a former White House drug policy adviser. Sabet recently joined former Rhode Island Rep. Patrick Kennedy, former President George W. Bush, and speechwriter David Frum in forming a group called Project SAM, for "smart approaches to marijuana," to counter the growing legalization movement. Sabet noted that previous federal legalization measures have always failed.
     "These are really extreme solutions to the marijuana problem we have in this country," Sabet said. "The marijuana problem we have is a problem of addiction among kids, and stigma of people who have a criminal record for marijuana crimes.” "There are a lot more people in Congress who think that marijuana should be illegal but treated as a public health problem, than think it should be legal."
     Project SAM suggests people should not get criminal records for minor marijuana offenses, but instead could face probation or treatment


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