RE: Spencer Boston,
Tennessee man arrested for smoking a joint during court appearance on possession charge
Free Spencer Boston – GOFUNDME Account
Archive for the ‘Activists’ Category
All you Cannabis Truthers, Activist, Law Enforcement Against Prohibition Officers, Ministers and Warriors and "LET’S GO!!!"
I would say LET’S GO!!!
All you Cannabis Truthers, Activist, Law Enforcement Against Prohibition Officers, Ministers and Warriors and “LET’S GO!!!” Educate and heal these Athletes, Cancer Patients, their families, and the World…!!!!
Problem is that my husband and I must keep moving and getting our house moved and in order so I will say a BIG THANK YOU! To all those who get up and go outside in the cold in my place to remind the masses that “Kaneh Bosem” from the Hebrew = Cannabis = Marijuana!!!
Was given in Scripture as the “Tree of Life” “for the anointing of the Priest and healing of the Nations” As it is proven and Patented by the U.S. Government as a Cure for Cancer while they continue to deny the Cure to the multitudes and to incarcerate patients and families,… Activist, Caregivers, Growers, Ministers…
Protect y(our) garden rights and stop the Legal-lies = Legalize and get real! Through REPEAL!
Legalize only sanctions and mandates their authority to continue to keep this plant and it’s seed further PROHIBITED from y(our) gardens…!!! Though your giving away all your authority, your freedoms and your rights to them for them to make All the Rules and All the Gardens!= for FULL CONTROL!!! Of the entire Market Place!
Including the Black Market they Create and generate through Prohibition and continued Prohibition! = Legal-lies = Legalize
Congress was only given authority over Currency, The Market Place and Foreign War!
REPEAL MARIJUANA PROHIBITION NOW!!!
FREE THE PLANT, THE PRISONERS & OUR RIGHTS!
BIG THANK YOU!!!
Abundant Blessings!
Mary Thomas-Spears-Joseph aka Rev. Mary
✌
In Memory of Cher Ford-McCullough
Shawna Fibikar is with Cher Ford-mccullough.
We’ve been asked for obituary details to be used for many publications and websites. GoFundMe information will follow yet today to help offset medical costs not covered by mom’s Medicare B and to organize a celebration of life concert in August.
FORD-MCCULLOUGH, Cheryl Jeanne (Morarie) –
Cher Ford-McCullough age 66, died Friday, June 1st, 2018 at her Hopkinton, IA home following a brief battle with lung/liver cancer.
It was always said that Cher was born an adult. Her mother once said she wasn’t raised… she was snatched up by the hair of the head. She had responsibility placed on her literally at birth. She helped to raise her four siblings and at the age of 21 and 25 raised two beautiful daughters.
As a single mother she worked hard as a waitress and bartender to provide for her kids. Cher might not have been able to afford a big fancy house or nice vacations, but she gave her children unforgettable experiences through her music. Cher was a singer in many bands and found her most success from 1980-1984 when singing for the band Crossbow in Oklahoma City, OK. “Us kids” were drug to many performances, would sleep in “green rooms” while she was on stage and even had an opportunity to perform ourselves a time or two. I, Shawna, can personally attest to a standing ovation from a bar full of people after singing ‘Cat Scratch Fever” at the age of five. Her love for music continued right to the end – she was constantly writing new songs and knew every song that came on the car radio. She was particularly taken in the last year with the song ‘Sign of the Times’ by Harry Styles.
Growing up poor, Cher knew what it was like to get bullied for circumstances out of her control. Because of that experience she learned to stand up for herself and others. She wasn’t afraid to stick up for her siblings when they got picked on as kids and this fearlessness continued in to her adulthood when she protested alongside Jesse Jackson after the 2003 Goose Creek raid in South Carolina where police held guns at children’s head in the hallways upon responding to a drug activity call.
In the last 20 years of her life she made it her life goal to make a difference and give a voice to those who didn’t have one. She was the founder and president of the Women’s Organization for National Prohibition Reform, Kentucky State Director for the American Alliance for Medical Cannabis, president of Compassionate Moms, a member of the ACLU and the Southern Poverty Law Center, is listed as one of Skunk Magazines top influential women of the cannabis world, funded the Million Marijuana Marches in Paducah, spoke at the Seattle Hemp Feast and 2003 Global Million Marijuana March, participated in the 2004 March for Women’s Lives in Washington, DC, Florida Journey for Justice, Ohio Journey for Justice, Texas Journey for Justice, and worked with long-time marijuana activist and occasional political candidate Gatewood Galbraith since 1999. Her name is listed on the Wall of Tolerance in the Civil Rights Memorial Center in Montgomery, AL, and she actively worked on drug policy and prison reform.
She will be sorely missed and survived by her husband of 30 years Brian McCullough, siblings: Cheri Tippets, Lynn Casteel, Billie Clifton, and Bill Morarie, children: Shawna Fibikar, Danielle Ford, grandchildren: Rya (Johnson) Ramsey, Jordan Johnson, Chandler Johnson, Dawson Schmidt, Sebastian Charles and Cecilia Charles.
She was preceded in death by her father William Morarie, mother Thelma Healan, a son Robbie who was born prematurely and many beloved pets, some of her most favorite being Katie the raccoon, Woody the squirrel and the many, many ducks and geese that frequented her lake house in Gilbertsville, KY.
A ‘Celebration of Life’ will be held in August, in lieu of a service, that will involve live music, stories being shared and laughter. Details to come via her Facebook profile.
RELATED:
There will be another post published this week with more links to history of Cher Ford-McCullough.
Ohio Activist Dawn Dunlap Has Passed Away
The following information was sent to me this morning by Tonya Davis. This was an unexpected and particularly tragic accident. I met Dawn a few times while vising Tonya in Ohio. My heart goes out to her family and friends.
Dawn Maria Dunlap passed away on June 9, 2018 at age 50.
This was due to an auto accident while she was crossing the street with her significant other. Dawn had no children but leaves behind her Partner, her Aunt, her Brother and Parents.
Dawn was physically disabled with a genetic bone disease and confined to a wheelchair. However, this did not prevent her from obtaining an Associates Degree in graphic arts. She was a champion medical marijuana Activist. She participated in many forums on physical disabilities. Additionally she was an adventurous photographer, and created digital works of art and custom jewelry.
She was a woman of strong faith with a strong association to two different churches. Both churches have lifted her up in their congregations for her strong faith.
All of us know she is in the hands of God and we will be reunited with her at a later date. She brought untold joy into the lives of many.
Dawn was very active on social media including Facebook and You Tube. In fact, we are sure some of her funny videos can still be found on You Tube. If you are curious search for “Dawn Dunlap” and “Edna”.
If you are so inclined, please donate to the World Giraffe Foundation in lieu of sending flowers. This was Dawn’s favorite charity.
Dawn is loved and missed by many, leaving a large hole in the lives of family and friends.
The “Celebration of Life” will be held at the Church of Messiah located at 51 N. State St in Westerville, Ohio. The service will be at 11:30 AM on Saturday, June 23.
The will be an hour of visitation before the service at 10:30 AM. A meal and opportunity to share your best stories will be held in the church hall after the service.
Good Bye My Friend
RIP RAGGED07 DAWN DUNLAP YOU WILL BE MISSED
March 7, 2018 Today In Frankfort; Praying for HB 166 !
As I sat here patiently waiting for the Kentucky Legislature to take a vote on HB 166, I was thinking of a way to say,
“Thank-You”
to ALL of the people who took a stand this year in Kentucky!
Jaime Montalvo Justin Lewandoski Eric Michelle Crawford Pat Dunegan Jennifer Dunegan Dan Seum Sally Oh Dan Malano Seum Tony Ashley Elihu Shepherd Tim Simpson Henry Fox Gina Daugherty Chad Wilson Thomas Tony Vance Rebecca Collins Blackii Effing Whyte
There are many more which have not been listed here!
Remembering also those that have in past years took up this fight and were the leaders from the beginning!
Gatewood Galbraith – Wikipedia Galbraith supported the legalization of recreational marijuana use, arguing that the framers of the US Constitution “did not say we have a Constitutional right to possess alcohol. They said we have a Constitutional right to privacy in our homes, under which fits the possession of an extremely poisonous alcohol. Now this is the law in Kentucky today. In fact, it is these rulings that keep the Kentucky State Police from kicking down the doors of people possessing alcohol in Kentucky’s 77 ‘dry’ counties right now and hauling their butts off to jail. Now Marijuana is a demonstrably less harmful substance than alcohol and presents far less of threat to public welfare. So it also fits in a person’s right to privacy in their home. It’s beyond the police power of the state as long as I don’t sell it and it’s for my own personal use.”[10]
Craig Lee Tony Adkins Ron Moore David Weigand Angela Gatewood Erin Grossman Vu Robin Rider-Osborne Paula Willett Cher Ford-mccullough Brian McCullough Mary Thomas-Spears Lynne Wilson Roland A. Duby Hugh Yonn Patrick Moore
Again, I have missed so many names that should be listed here!
Many people put their own lives on hold to take on Kentucky’s Cannabis battle, whether it be for medicinal, recreational or even palliative care, they all took a stand…and walked all the way to Frankfort to prove it. Not literally, of course. I hope they all had a decent ride to get there but surely there were a few old broken down cars in the parking lot as well. But by the time they all left there yesterday evening it felt as though they had literally walked those miles.
All different types of people working toward one cause – to get some kind of Cannabis reform into Kentucky!
At the end of the day, the vote for HB 166 was passed over! A very disappointing outcome for many thousands of Kentuckians who very much needed that Bill to pass!
How is it possible that legislation so favored by the citizens has not already become law? What is it about this legislation that has Kentucky’s legislators so scared that they are willing to buck the will of the majority of the citizens?
I am of course talking about the legalization of cannabis for medical uses. With 80% favorability and a multitude of benefits arising from the use of cannabis it is confounding to see the Assembly leadership refuse the will of the people and bury all cannabis bills in committee. For what purpose are they doing this? LINK
When I first started posting to blogs about medical cannabis or “repeal prohibition” it was 2003. That was 15 years ago. By the time I became affiliated with the USMjParty it was 2005 and 2010 before I really became involved in any administration of the group. I always fought for the repeal of prohibition as a whole, but most importantly for Cannabis because yes, I believe Cannabis is a medicine, but first it has to be recognized as a food or ‘herb’ that cannot be controlled by the U.N. or any Government entity! It is our unalienable right to grow and use the plants that our “Creator” put here on this planet for us! Only commerce can be controlled by our Government, according to the Constitution. Therefore what we grow on our property or consume in our homes is actually none of the Government’s business! But they MADE it their business – a long time ago.
To understand how they accomplished this takeover, you can read the “Elkhorn Manifesto” through this link. That was the beginning of the downfall of the United States as we see it today. The U.N. which was formed in 1945 with five founding members including the United States was the beginning of the NWO as we know it today. The ONDCP and the 1961 Narcotic Convention as well as the 1970 Controlled Substance Act and the DEA instituted by Nixon, as a requirement of the 1970 CSA, as per the U.N., conveniently wrapped up our lives under the control of the NWO. I wrote about this a couple of years ago and it has a lot of interesting links of information it that article.
The U.N. just issued a statement reminding all signatory Countries to be mindful of their “Treaties” regarding Marijuana.
Be mindful of the fact that it is not just Marijuana that they seek to control. Control the food and medicine and you will control the people.
We are just now seeing how one world Government will work. It is reaching into all facets of our lives, some not noticeable yet to the average person, not just whether or not Marijuana is “legal”.
All of these things together, coupled with the fact that our Legislature has their own agenda for Kentucky influences the outcome of any Cannabis legislation being passed here.
We still have a couple weeks to see what the outcome will be for the Citizens of Kentucky. Will the hard work by our dedicated Activists pay off for the Patients who are in such need in our State? We can only continue to pray and also continue calling
1-800-372-7181
and make sure your voice is heard!
As well, K.C.F.C. and others are gathering in Frankfort to show support. You can follow them at this LINK.
There is a VERY good article documenting all of the Cannabis Bills in Kentucky this year at Kentucky Free Press. If you haven’t already done so I encourage you to look at it.
Sally Oh, who writes for Kentucky Free Press, was LIVE on Facebook on February 25th, explaining Medical Cannabis, States’ Rights & the Civil War and I encourage you to view that video as well.
Again, I want to thank everyone that has made an effort of any kind in Kentucky toward the repeal of Cannabis prohibition! We all basically want the same thing – our patients to be taken care of and the freedom to possess, grow and consume a plant that our Creator blessed us with!
God Bless!
ShereeKrider
https://www.facebook.com/kcfc2014/
https://www.facebook.com/thomas.t.vance/posts/1613192325466378:0
https://www.facebook.com/152743612103544/photos/gm.414718132314283/154650008579571/?type=3&theater
Thorne Peters and his 4/20 “Potcastathon”
I was very much looking forward to a three hour 4/20 show with Thorne Peters on Facebook.
It was going to be about the use of “No Men’s Rae” when pleading a Marijuana case, and was featuring several guests along with Mary Thomas-Spears of Kentucky for Cannabis who was offering a different view on the use of this plea in a Court of Law, which apparently Mr. Peters did not wish to hear. However, he DID invite her to his show for her to give her point of view and I knew it would be a good debate … or at least I thought it would be…
There has been a much heated environment of late concerning “No Men’s Rae”, particularly on Facebook where both Thorne Peters and Mary Thomas Spears reside. Both are long time Activists. Mr. Peters is from Tennessee and Ms. Spears, is a long time Kentucky resident. Both have had a number of legal cases involving Cannabis/Marijuana and are no strangers to the Legal System.
RELATED: Is No Men’s Rae “The plea to SET US FREE” ?
I, as well, received an invitation from him. I am assuming because I wrote the article concerning “No Men’s Rae” about a week ago.
I invite you onto my 4/20 LIVE POTCAST to call in and talk about activism. I will be on from 4:20 pm ET til 4:20 pm PT 3 hours LIVE!
Thu 1:52pm
Psycho Mary will be calling in.
I replied later that day,
Thu 5:05pm
Need a call in #…. Isn’t Mary supposed to be on the show? At what time? Im listening!!!
Chat Conversation End
I knew as soon as I saw that message from him, and the way he referred to Ms. Spears, that it probably wasn’t going to be a fair debate, but thought maybe that was just his way of being “funny”.
Ms. Spears also speaks slowly and has a very deliberate voice, explaining details as she goes, and tries very hard to tell it in a way that everyone will understand. When someone deliberately tries to talk over the top of her in a conversation, as he did, she can get very annoyed, understandably. He purposefully spoke above her and never gave her a chance to fully explain herself, and as well actually made “fun” of her during the “conversation”, (if you could even call it a conversation). He had previously during the show used an automated voice of her commenting about “No Men’s Rae”, to which she had no chance to respond. (Please review video starting at @1:55).
Oh and I finally listened to his broadcast and he sounds like he studied one of my broadcast nearly repeats everything I said only in stead of screaming repeal he is screaming no Mens Rea (Rev. Mary)
Mary Thomas-Spears aka Rev. Mary EITHER IT IS BEING CENSORED OR IGNORED. NEITHER CAN CHANGE THE TRUTH LINK
It suffices to say that I believe that there is no place for this kind of badgering between Activists. There are a lot of us, we all have differing opinions on a lot of things. We should not be harassed when being spoken to especially in a public conversation.
When looking at the comments displayed under the video it seems there where a few with a differing opinion of No Men’s Rae and a few others which were not happy with the way Ms. Spears was treated while a “guest” on his show.
I was very disappointed and I feel it puts a cloud over the issue when a “Host” acts as Mr. Peters did on his show. Everybody center’s on the ongoing “entertainment” instead of the real issue – the Justice System in this Country. But then entertainment invites listeners and gets people talking and I’m thinking maybe that was what he was trying to do – use her for entertainment purposes? I hope that he thinks before being this disrespectful to anyone again!
We will be watching when “No Mens Rae” goes to Court in July!
And yes, I still wish him much luck in his endeavors!
As well, I have much respect for Rev. Mary Thomas-Spears and her opinion. I have seen years of Activism and teaching as well as actual Court Cases in the Justice System which she has endured. She has spent years learning from Activists such as Jack Herer, Gatewood Galbraith, Ron Kiczenski, Joseph Zoretic as well as educating Cannabis Activists, including myself, and I have never had her tell me anything that did not prove to be true.
I trust her judgement.
The following is a few excerpts from Facebook Messenger conversations:
Rev. Mary: His Attack Began on the Comments he left on post on my wall he then starts contacting people on my list I guess to attack me personally… Because then I get this from Jeri Rose…
Jeri Rose: just got this PM from that man (Thorne Peters), trying Mens R Here is what he wrote: She identifies herself as a psychic. If her victory had any merit, I would not be facing CANNABIS charges and no one else would be arrested…I will accomplish that on July 31, 2017. 750k getting arrested every year, only a brain dead sheeple would declare a legal victory. Getting your own ass off the hook with a begging plea for mercy does none of us any good. Follow the law. NO MENS REA.
Rev. Mary: At which point I think… Really????That’s what your going to do??? Make personal attacks to my character like a government agent or psych-ops?
Thorne Peters (to Rev. Mary):
I will be reading your take on NO MENS REA from your group post on my LIVE @ 4:20 pm CT POTCAST as a shining example of how even intelligent people can be led astray by flock mentality. Perhaps you should listen to the facts from a court of law. If your position on MENS REA is true, then how come Negroes didn’t follow the laws against them? …
Mary Thomas-Spears:
You are singing to the choir here but your also wrong in your approach
Apr 11
Mary Thomas-Spears:
@Thorne Peters Yes! I know! I already proved that in court = pot is Legal already!
Years ago as you can see by the above!
Problem is, it is still Prohibited by an Unconstitutional CSA!
And you are wrong about how your going about it!
Because of your being out of order…
Order is very important!
I say this to you as someone who has been there and who has been through more from experience in an attempt to help.
Please try to understand that you are contradicting yourself
And they will use it to their advantage because it is what they do
Hear ???
Thorne Peters:
I invite you onto my 4/20 LIVE POTCAST to call in and explain your position. I will be on from 4:20 pm ET til 4:20 pm PT 3 hours LIVE! Call in and set me straight if you are up for it.
Today at 12:11am · Sent from Web
Thorne Peters:
My 35 years as a strip club dj has trained me to win over all audiences . . . my charming wit is undeniable. My deviant style pales in comparison to the evil inflicted by the DA. I am following the law. EWE THE SHEEPLE and The Ministerz of Injustice seek to redefine the law by ignoring the fact there is NO MENS REA for POTHEADZ. You proved NOTHING, because people are still busted for POT After my case the jig is up.
10 hours ago · Sent from Web
Mary Thomas-Spears:
ok good luck with your slide show in Court
10 hours ago
Mary Thomas-Spears: Still don’t have a number and I am being told by everyone around me not to lend my name to any more of your BS just so you know!
#
I received this message from Rev. Mary:
About my calling myself a psychic…
See these posts here https://m.facebook.com/story.php?story_fbid=859464480858420&id=287554521382755
I don’t have to be psychic to know his games will not work in their Courts because that is their Game!
Just saying… When he hadn’t read the transcripts from Any Of My Cases or Others Whom I have Advocated on behalf of…. He is Clueless as to how I addressed any thing or What We Proved!!!
and it was all recorded as well by voice recorders and video…
So like I said, he is only helping him and tooting his own horn and really he is just tooting his own horn and helping himself to a jail cell in my humble opinion!
PLEASE REVIEW THE LINKS BELOW:
https://www.facebook.com/thorne.peters/videos/1309776462436029/
https://kentuckymarijuanaparty.com/2017/04/13/is-no-mans-rae-the-plea-to-set-us-free/
https://marythomasspearsblog.wordpress.com/
https://www.facebook.com/marythomas.spears/posts/654968434600555
https://revmarythomasspears.wordpress.com/2017/04/22/the-why-and-how/
SMK
Is No Men’s Rae “The plea to SET US FREE” ?
April 13, 2017
The debate over whether or not to use “no mens rae” when facing a Cannabis charge in a Court of Law has been brought to the forefront with Thorne Peters who is facing charges for Marijuana and paraphernalia possession which begins on July 31, 2017 in a Memphis, TN Court of Law.
There is always two sides to every story and multiple opinions, therefore I will attempt to present both opinions that I have been offered, as far as the use of no “mens rae” in a Court of Law.
In the first scenario Thorne Peters feels that no “mens rae” or having no guilty mind at the time the charge was incurred, is of itself enough to render a not guilty verdict if given the chance in a trial by jury.
In the second scenario Rev. Mary Thomas Spears differs in opinion as she states that no “mens rae” plead as a defense from the beginning of a trial is not in anyone’s best interest because this plea is meant to establish the fact the the defendant did not, in fact, know that they were guilty of a crime at the time. It does not mean that you feel you were not guilty at the time because of your beliefs.
In a Facebook message today, Thorne Peters sent the following to me:
Judge Neil Gorsuch, of Denver, Colorado, a Supreme Court Justice nominee, (now confirmed) defends the lawful right of people using drugs and cannabis, as well as a variety of consensual acts currently prohibited.
In his 2006 book, “Assisted Suicide and the Right to Euthanasia”, Gorsuch claims that people have the right to die, kill themselves or join suicide pacts. He also supports the rights of citizens to use drugs, commit prostitution and even sell their body parts.
“If a person has the right to die, they also have the right to use drugs.”
Gorsuch claims the legal standard of “mens rea” (the guilty mind) does not apply to consensual acts.
In Memphis, since February 2015, CANNABIS Proactivist THORNE PETERS, known as “THE KINGPIN”, has been using a “no mens rea” defense against Possession for sales of CANNABIS charges . . . a case that has been set off for trial on two different occasions and is currently reset for trial in Division 1 on July 31, 2017 . . . 29 months after the arrest.
Judge Paula Skahan explained to Peters that “no mens rea” is a matter for the jury to decide. Peters claims the State is reluctant to go to trial because there are no legal grounds to proceed because he had “no mens rea.”
“When I make my case to the jury at THE TRIAL OF THE MILLENNIUM, I will prove my rights are being violated and we will have the legal mantra to end CANNABIS Prohibition. “NO MENS REA!”
Peters notoriously ran a “420 Friendly Nightclub” in Millington, TN which was closed as a Public Nuisance in 2009. He spent 19 months in jail fighting drug trafficking charges that were dropped. Peters was arrested for toking POT from an apple at the courthouse on 4/20/2011. In 2014, he spent a year dealing POT on Facebook; making YouTube videos that he posted to the walls of the local authorities seeking to be arrested. “The only way to make our case is to make the jury understand there is no mens rea. We must follow the law; not seek to change it.”
Once again Peters will represent himself, only this time he claims his case will represent all of CANNABIS Universe.
“A case for NO MENS REA cannot be defeated in court, because we have no accuser and we have consent. Like it was in the JIM CROW south, we are being violated by political policies enforced with criminal codes that oppress us.”
We will be following this trial till its conclusion, so stay tuned.
Thorne Peters·Sunday, November 15, 2015
“It is not against the LAW to grow deal and toke POT! It is against an unjust Political Policy known as PROHIBITION, which is as UNCONSTITUTIONAL as JIM CROW!”~ THE KINGPIN THORNE PETERS!
“ILLEGAL v. UNLAWFUL” . . . a distinction with the greatest difference. LINK
JUDGE PAULA SKAHAN (TN),
“….As far as “Mens Rae”, those are issues for a trial in front of a jury…”
Now comes a differing opinion from Rev. Mary Thomas-Spears and the group of “Americans for Cannabis” which is also a repeal organization.
Mary Thomas-Spears shared Constitutional Cannabis‘s post to the group: Kentucky for Cannabis™.
From another educational page of mine here on FB… –
Constitutional Cannabis
First Lesson to remember in Law is – That despite what you believe all the words mean… That those words are translated back to their Latin Definitions by the Courts = like Doctors
The Judges, Lawyers,… Use Latin Words and Terms to communicate and do their business!
“Where being a good Catholic boy pays off!” ~ Gatewood Galbraith
So your first lesson is? They do not want you to know what they are saying as they hide the true meanings of the words… While they taught you to read a Webster’s Dictionary….
They use Black’s Law Dictionary or West Business Law for the most part.
It is very important to note that both of these Dictionaries quote Cannon Law.
As the Law is an extension of the Law of G-d handed down or Canonized by the Roman Catholic Church and or Mosaic Law.
Just as Government is the extension of, incorporation or Corporation, Corpse = Dead Body of the Administration or Ministry established by the Church for Control and Profit = why the Church is Tax Exempt and why Courtrooms look like churches with pews…
Any questions??? About any of this?
Continuing on…
Bernard Lucas
I have a question for you Mary. I see a number of cannabis activist’s promoting a #NoMensRea (No Guilty Mind) To be used as a cannabis defense when charged with cannabis possession in a court of law. I have not seen any documentation or court cases, or defendants having their cannabis case dismissed by using the plea #NoMensRea? I don’t think activist’s should be promoting this defense when courts may be most likely to ignore this defense? Would you please be able to clear up this possible misconception and set us straight on this defense?
TY! Bernard Lucas for asking a question that I have asked myself, as it is a good question!
The question is #NoMensRea ?
No!!! I do not promote the use of this defense
http://nationalparalegal.edu/public_documents/courseware_asp_files/criminalLaw/basicElements/CommonLawMensRea.asp
Why???
I am not an Attorney so you can not construe this as Legal Advise as I share my understanding from research and experience only.
Making that your Defense is like making an Insanity Defense in my opinion.
Which is nearly impossible for most conscious people to pull off…
Why? It has to be proven or established to at least what? Cast doubt upon a Jury…
I can see more than one problem with this defense in any Court in any case where it may be proven that the defendant was aware of the Laws in Question? Or the Charges brought before them… Or where they did anything covertly = any attempt to hide what they was doing… Or was not out open and upfront with their actions on….
Why? Because all the Prosecution has to prove at this point is, were you aware of the Law(s) and did you knowingly intend to break the Law = you intended to commit harm upon the State or Feds… As they are claiming to be the victim at this point.
It opens a can of worms that is hard to keep alive in the Courtroom without addressing their unconstitutional over reach… Like their claiming to be the victim!
Common Law Mens Rea
nationalparalegal.edu
“Excellent answer Mary. Just as I had thought about it from my research. Kentucky for Cannabis™ and all Americans For Cannabis groups, pages etc. Will not be promoting anything like this defense. Which may send a defendant the wrong message.”
In another post on Facebook Mary states the following in response to a discussion with Thorne Peters,
I CHALLENGE ANYONE ATTACKING ME AND DEFENDING #ThornePeters to document ONE CASE where his Motion for #NoMansRae has ever worked in a Courtroom when filed in the ORDER of Process in which he had ADVISED OTHERS to FILE it .
As I have already stated – IN MY OPINION- THE PROPER ORDER OF LEGAL PROCESS IS,
One friend wrote – “Her point is you have to be Arrested first!” That isn’t my point at all but it is true. No and Yes! Yes, you must first be arrested,
No,
HE IS OUT OF ORDER IN THAT you have to first be willing TO ACCEPT YOUR RESPONSIBILITY FOR WHAT YOU KNOW, = the current LAW WHICH YOU CHOSE TO BREAK. You know you chose to break an Unconstitutional Act of Congress! An Unconstitutional Act that is an Evil Lie! = ADMIT YOUR GUILT = START BY FILING A PLEA OF GUILTY BUT INNOCENT BASED ON A MOTION OF “LESSOR of EVILS” as YOUR DEFENSE IN ORDER TO ESTABLISH #NoMansRea. Otherwise you are pleading insanity in these cases. I am just saying that they know that you knew you were choosing to break the law = commit evil according to them! The next comment I have later added for clarity fact is – Unless you follow the Order of Process given above how will you be able to prove your case? Because unless you first admit you knowingly broke an Unconstitutional Law, how will you ever get to introduce the evidence that it is in fact, an unconstitutional, evil law? You can’t.
Mens rea, or “guilty” intent, deals with what the defendant needs to have been thinking at the time he or she committed the actus reus* for criminal liability to attach. In order to be guilty of most crimes, the defendant must have had the mens rea required for the crime he was committing at the time he committed the criminal act. As with the actus reus, there is no single mens rea that is required for all crimes. Rather, it will be different for each specific crime. LINK
*(ac·tus re·us /ˌaktəs ˈrēəs,ˈrāəs/ noun / Law noun: actus reus / action or conduct that is a constituent element of a crime, as opposed to the mental state of the accused)
Mens Rea:
The state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime.
In conclusion, first of all I do not think it is in anyone’s best interest to go into a Court of Law as a defendant and a defense attorney! It is not a great idea to represent yourself in any circumstance, especially in trial. Secondly, I would never try to use No mens rae because I know beyond a shadow of a doubt that the statutes will deem me guilty as charged if I tried to say I did not know marijuana was illegal! **I definitely know that Marijuana is illegal – according to the statutes which the Government now have in place to regulate commerce – it makes it an offense to the Government that I was using, possessing or giving away Marijuana. And I KNOW this.
Rather, if I were to pursue a trial by jury I would make a guilty plea and then use a “lesser of two evils” defense. Because of the fact that I have a disability for which Marijuana is “the lesser of two evils” versus a strong pharmaceutical pain reliever, I may be able to convince the jury to nullify my verdict. Mind you that this is just an example but I think it explains the concept. As Rev. Mary so eloquently explains to me…
**It is all good except where you say you know Marijuana is illegal! You know Gatewood and I already proved that it isn’t.
It is the “trafficking” or possession of a “controlled substance” = not an illegal substance but rather “Controlled“. Controlled by what ? An unconstitutional Act of Congress! That is illegal, not the Substance = you already have a established constitutional right to use marijuana = it is Legal through taxation = the marijuana tax act repealed by Leary = they can’t tax your right to use or possesses!
(What the hell Sheree ? You don’t believe Gatewood ? Or Leary vs the US?? And I respond, of course I know this Mary! What the hell?? But evidently I must have used the wrong word somewhere, lol)
It is the currency = trafficking = entering the market place That’s controlled!!!
That becomes illegal when you violate the CSA, (Controlled Substance Act), as they are only given authority over Currency, the Market Place and Foreign War and why they can’t tell you what you can consume unless your eating the cash or currency it’s self!
Don’t be misleading by saying you know Marijuana is Illegal because the Constitution is the highest law in the land and according to it it isn’t !
You can say you know that entering the market place = when currency enters in – the trafficking in a “controlled substance” is illegal but not the substance it’s self!
And I respond by saying “Thank you for that clarification, Mary”!
It will be interesting to see how the trial proceeds in July. I think it goes without saying that we all wish #ThornePeters the best of luck in his endeavor! I hope that when it’s over Thorne can walk out of the Courtroom a free man and we can all get together and light up a big fat joint and celebrate the fact that we no longer have to feel guilty for breaking the Law to smoke a damn joint!
sk
Notes, Links, and definitions of interest:
Mens rea (/ˈmɛnz ˈriːə/; Latin for “guilty mind”[1][2][3]) is the mental element of a crime. It is a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, i.e. “the act is not culpable unless the mind is guilty”. In jurisdictions with due process, there must be both actus reus (“guilty act”) and mens rea for a defendant to be guilty of a crime (see concurrence). As a general rule, someone who acted without mental fault is not liable in criminal law. Exceptions are known as strict liability crimes.
https://en.wikipedia.org/wiki/Model_Penal_Code#Mens_rea_or_culpability
https://www.facebook.com/thorne.peters/videos/1293329740747368/
http://www.tncourts.gov/sites/default/files/petersthorneopn.pdf
http://wreg.com/2015/02/05/man-known-for-marijuana-advocacy-in-jail-again/
http://www.tsc.state.tn.us/sites/default/files/petersthorneopn.pdf
http://press.princeton.edu/titles/8317.html
https://www.facebook.com/MaryL.Thomas.Spears
https://www.facebook.com/MaryL.Thomas.Spears/posts/1755983124714577
O.K. EVERYONE THIS IS YOUR DAILY REMINDER THAT WE NEED SIGNATURES ON KCHHI !!
THE PETITION IS LOCATED HERE: (DIRECT LINK) http://www.petition2congress.com/9641/kentucky-cannabis-hemp-health-initiative-2013-2014/
It is my opinion that this is the Initiative we should be getting as many signatures on as possible so that we, as a group, can go to Sen. McConnells office at an opportune time and present it to him.
At the same time we could have groups of people in each district present it to their Representatives. This represents true repeal of prohibition on the Cannabis Plant in Kentucky. It needs to be presented as soon as possible, before February 17th, I would say, in order to have a chance at getting someone in office to back us for the 2016 Legislative Session. Please leave your comments and thoughts on this.
Read the initiative and then just for the hell of it lets see how many signatures we can get before the 30th of January.
Part II convenes Feb 3rd. Last day for new bill requests is the 6th. I know we can’t find a sponsor by then for this year but if we all show up in Committee meetings which would be every Tuesday at 11:30 for Agriculture and Wednesday at 10 am for Health and Welfare maybe we can give a least a good showing of taking back our human rights to this plant – medical and all.
If we can get 1000 signatures on the petition I will print it out and mail it POSTAL to every Senator. and Representative. in the state.
A lot of you all have been in Frankfort to the meetings, I haven’t. According to the website anyone will be admitted to them. Let me know how this works.
http://kentuckymarijuanaparty.org/index.php/en/kchhi
Thanks to everyone showing support for this idea.
It may be bold but it may be the way to bring an end to (State) Prohibition in Kentucky! We still have to worry about Federal.
Sheree Krider
We have to just say NO, to “drug testing”…
While sitting here thinking of my friends in pain who are trapped into slavery thru the Corporations they work for via “workplace drug testing”…who are condemned to use ONLY narcotics via the pharmaceutical industrial complex via so called “pain clinic’s” and doctors who are trapped in the prescribing business AND the drug screening business, which is equal to drug trafficking via legal means,
I am wondering why,
just why not say NO!
*The Feds cannot force you to take a drug test for employment. They can and do force drug testing upon “pain patients” and parolees which is another issue of it’s own.
This is done by the Corporations themselves. Insurance Companies are involved as well of course the Corporations who make the “testing kits” and at the same time they are making “pass your drug test kits” which people run out and buy in order to succumb to the Industrial and Insurance related Complex.
WE HAVE TO JUST SAY NO…
Our Father’s and Grandfather’s went to war and lost their lives for our freedom by the thousands, and I could start a whole new issue on that subject alone, but I will save that for another day.
GATEWOOD GALBRAITH SPEECH
The question here is are we willing to consume less to have more freedom?
We can effectively turn the prohibition around and “prohibit” them from invading our privacy, and entering our property without a search warrant, (symbolically), just by refusing or saying NO to their test.
I have never passed a drug test for Cannabis/Marijuana.
I also have never failed one for any other non-prescribed drug.
Do not worry about passing your next drug test.
DO start looking for other ways and means of making an income such as working for small privately owned companies which are few and far between but do still exist. You can also sub-contract yourself, or work independently.
If you are lucky enough that you have already obtained a job and passed your drug test then just hope like hell you don’t get picked on too soon.
If you have not found a job yet, then DO NOT work for a company which is telling you that you must succumb to “random drug testing” or “pre-employment drug testing”.
This could effectively be a type of “civil disobedience” which is actually legal to do. Again, “just say no” to drug testing.
If EVERYONE followed this one rule, it would not take long for “drug testing” to disappear much like the “inspection stickers” for vehicles in the 1980’s did in Kentucky when everyone was so poor they could not afford to make their vehicles pass the test. Eventually they gave up and ended it. (Just imagine what would happen if all these people could not pay their electric bill for one month. It is true that you would not have electric for that period of time but it is also true that the electric company would not be getting near as much income for that period of time). Most people CAN survive without electric for a month. That has been proven by the people themselves who have suffered loss due to storms, etc.,
If you are unemployable you have a reason to file for disability. Not that you will be approved, but just think of the paperwork put upon the SSA if everyone that failed a drug test filed for disability. And then when they do not approve it, appeal the decision. You can keep them “dancing” for a while – just depends upon how far you want to take it.
If they DO NOT end the drug testing at that point it could cause even more black market businesses to appear just for the fact that they can’t fill the Industrial Complex with legal worker’s.
The Industrial Complex cannot afford to loose it’s slaves so therefore I do not think it would take too long to accomplish the goal of ending “drug testing” policies.
And just like everything else the poorest of the people will be the one’s affected the most in this decision and have to suffer the “worse” before it gets better.
BECAUSE, they do not drug test politicians nor doctors or lawyers….
I guess it comes down to the sad fact whether or not you want to have freedom and live on beans and soup, or be a slave and eat commercial hamburgers.
I do not want to suggest that everyone absent mindedly quit their jobs tomorrow with no plans on how to sustain themselves. However, making alternative plans for an income is always a good idea regardless.
This has been “something to think about” ,
Smkrider
*According to Henriksson, the anti-drug appeals of the Reagan administration “created an environment in which many employers felt compelled to implement drug testing programs because failure to do so might be perceived as condoning drug use. This fear was easily exploited by aggressive marketing and sales forces, who often overstated the value of testing and painted a bleak picture of the consequences of failing to use the drug testing product or service being offered.”[36] On March 10, 1986, the Commission on Organized Crime asked all U.S. companies to test employees for drug use. By 1987, nearly 25% of the Fortune 500 companies used drug tests.[37]
**THC and its major (inactive) metabolite, THC-COOH, can be measured in blood, urine, hair, oral fluid or sweat using chromatographic techniques as part of a drug use testing program or a forensic investigation of a traffic or other criminal offense.[91] The concentrations obtained from such analyses can often be helpful in distinguishing active use from passive exposure, elapsed time since use, and extent or duration of use.
***Drug testing in order for potential recipients to receive welfare has become an increasingly controversial topic
Prohibition DOES NOT work–Neither will “Legalization”…
DIVERSE SANCTUARY – REV. MARY THOMAS-SPEARS
MAKE IT LAWFUL – AMERICANS FOR CANNABIS
U.S. MARIJUANA PARTY – WE ARE ANTI-PROHIBITIONISTS!
Kentucky Cannabis Hemp Health Initiative 2013-2014
DE-SCHEDULE/REPEAL AND NULLIFY
REPEAL PROHIBITION – END THE WAR ON DRUGS
Rev. Mary T. Spears, Diverse Sanctuary ... 