RE: Spencer Boston,
Tennessee man arrested for smoking a joint during court appearance on possession charge
Free Spencer Boston – GOFUNDME Account
Posts tagged ‘Hemp’
Kentucky House Judiciary Committee advances medical cannabis bill! (hb136)
Kentucky House Judiciary Committee advances medical cannabis bill!
Seriously ill Kentuckians have been waiting long enough — urge your state legislators to support HB 136!
Today, Kentucky’s House Judiciary Committee voted 17-1 to pass HB 136, a bill that would legalize cannabis for medical use. Next the bill will proceed to the full House, where it is expected to receive a vote soon.
Please write your legislators today and urge them to pass this compassionate legislation!
Fifty-one of Kentucky’s 100 state representatives are cosponsors of HB 136, and Gov. Andy Beshear has indicated that he strongly supports medical cannabis.
However, some Senate leaders remain opposed, so the challenge for advocates will be getting a bill through both chambers of the legislature and to the governor’s desk.
It’s critical that legislators hear from their constituents who support medical cannabis. After you write your legislators, please share this message with your friends and family.
PLEASE BE ADVISED THAT HB136 IS A NON SMOKABLE NON GROWABLE BILL! IT IS STRICTLY FOR MEDICAL CONSUMPTION ONLY!
“to prohibit smoking of medicinal marijuana;”
“to establish limits on the THC content of medicinal marijuana that can be produced or sold in the state”
“to exempt certain records and information from the disclosure under the Kentucky Open Records Act;”
“to permit an employer to restrict the possession and use of medicinal marijuana by an employee;”
Sen. Perry Clark introduced SB105 on January 22, 2020 which DOES include adult use, small amounts of growing for personal use as well. Please view the Bill at this link!
“to allow for possession, growth, use, processing, purchasing, transfer, and consumption of cannabis;”
“to establish provisions for personal cultivation;”
“to establish provisions for palliative or therapeutic use of cannabis by persons under the age of 21;”
https://kentuckymarijuanaparty.com/2019/12/19/2020-kentucky-marijuana-bills/
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
✌
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
H.R.1227 – Ending Federal Marijuana Prohibition Act of 2017
PLEASE CONTACT YOUR REPRESENTATIVES TODAY AND SUPPORT THIS BILL TO REMOVE CANNABIS/MARIJUANA FROM THE CONTROLLED SUBSTANCE ACT!
THIS IS THE CLOSEST THING TO A “REPEAL” BILL THAT HAS BEEN OFFERED AND IT IS BEING SUPPORTED BY MOST ACTIVISTS!
Find your legislator HERE!
To write or call the White House, click here
AND FINALLY, WE USE TWITTER!
The White House
@WhiteHouse
President Trump
@POTUS
February 27, 2017
Mr. Garrett (for himself, Ms. Gabbard, and Mr. Taylor) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Ending Federal Marijuana Prohibition Act of 2017”.
SEC. 2. Application of the Controlled Substances Act to marihuana.
(a) In general.—Part A of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following:
“SEC. 103. Application of this Act to marihuana.
“(a) Prohibition on certain shipping or transportation.—This Act shall not apply to marihuana, except that it shall be unlawful only to ship or transport, in any manner or by any means whatsoever, marihuana, from one State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, when such marihuana is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof.
“(b) Penalty.—Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.”.
(b) Table of contents.—The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91–513; 84 Stat. 1236) is amended by striking the item relating to section 103 and inserting the following:
“Sec. 103. Application of this Act to marihuana.”.
SEC. 3. Deregulation of marihuana.
(a) Removed from schedule of controlled substances.—Subsection (c) of Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended—
(1) by striking “marihuana”; and
(2) by striking “tetrahydrocannabinols”.
(b) Removal of prohibition on import and export.—Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended—
(A) in subparagraph (F), by inserting “or” after the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as subparagraph (G);
(A) in subparagraph (F), by inserting “or” after the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as subparagraph (G);
(3) in paragraph (3), by striking “paragraphs (1), (2), and (4)” and inserting “paragraphs (1) and (2)”;
(4) by striking paragraph (4); and
(5) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.
SEC. 4. Conforming amendments to Controlled Substances Act.
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
(1) in section 102(44) (21 U.S.C. 802(44)), by striking “marihuana,”;
(2) in section 401(b) (21 U.S.C. 841(b))—
(I) in clause (vi), by inserting “or” after the semicolon;
(II) by striking (vii); and
(III) by redesignating clause (viii) as clause (vii);
(I) by striking clause (vii); and
(II) by redesignating clause (viii) as clause (vii);
(iii) in subparagraph (C), by striking “subparagraphs (A), (B), and (D)” and inserting “subparagraphs (A) and (B)”;
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as subparagraph (D); and
(vi) in subparagraph (D)(i), as redesignated, by striking “subparagraphs (C) and (D)” and inserting “subparagraph (C)”;
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking “, marihuana,”;
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking “, marihuana,”;
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))—
(A) in the matter preceding paragraph (1), by striking “marijuana,”; and
(B) in paragraph (5), by striking “, such as a marihuana cigarette,”; and
(8) in section 516(d) (21 U.S.C. 886(d)), by striking “section 401(b)(6)” each place the term appears and inserting “section 401(b)(5)”.
All Actions H.R.1227 — 115th Congress (2017-2018)
03/16/2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Action By: House Judiciary
03/03/2017
Referred to the Subcommittee on Health.
Action By: House Energy and Commerce
02/27/2017
Referred to House Judiciary
Action By: House of Representatives
02/27/2017
Referred to House Energy and Commerce
Action By: House of Representatives
02/27/2017
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Action By: House of Representatives
02/27/2017
Introduced in House
Action By: House of Representatives
https://www.whitehouse.gov/contact
https://www.whitehouse.gov/contact/write-or-call
https://www.congress.gov/bill/115th-congress/house-bill/1227/all-actions
https://www.congress.gov/115/bills/hr1227/BILLS-115hr1227ih.pdf
https://www.congress.gov/115/bills/hr1227/BILLS-115hr1227ih.xml
Additional LINKS of Information:
http://www.constitutionalcannabis.com/kentucky-house–senate-action-alerts.html
https://www.facebook.com/Kentucky-House-Senate-Action-Alerts-133526500152199/
The “Lessor of Evils” as a Defense for Marijuana
I must start out with a initial plea of Guilty but Innocent in Order to initiate the Process of establishing no “Mens Rae” with the Motion of a “Lessor of Evils” defense, based on having no other choice but evil in the case at hand!
As for guilt, I have none and I have already proven it by my already having plead Guilty and Not! Based on a Motion for a “Lessor of Evils”.
I am then given the chance to introduce all the evidence in Court that in fact proves my innocence and my lack of guilt in the case or crime I am being charged for…
The real two evil choices you/we are currently given in a Marijuana Case is either ~
A)
I/you/we know we are being forced into choosing between the Evil of choosing to “Uphold” an evil Abusive LIE… = Unconstitutional Controlled Substance Act = Prohibition which they created to divide the Market place for double the profit in order to drive prices, as this also allows for more venues or avenues, for them to profit in while they enslave everyone we love… and everything through their unconstitutionally declared “Foreign Synthetic War” on Nature, I mean drugs! The “drug war” which evidence shows has already destroyed too much and too many in America… While be forced to give up my/your already won Supreme Court decision of Leary vs The U.S, which established Constitutional Inalienable Sovereign Freedoms and Rights… While we bend over for Evil…
Or
B) We risk being deemed evil and getting arrested, criminalized, going to prison, or even worse dying… shot by a cop… For doing the right thing and flexing my Constitutional Inalienable Sovereign freedoms and rights to utilize this plant untaxed, which was upheld in the Supreme Courts Ruling in Leary vs The U.S.!
For my/your/our needs and or the needs of others…
Which they have deemed as evil? And want to call me/you/us a criminal for violating and breaking their Unconstitutional Illegal overreach and Acts of Congress and Statutes… Not Law! to use this non-toxic food as it was freely Divinely and Sacramentally given to us as a nontoxic most nutritious meat first! As we also now know that we are all in fact, Endocannabinoid based species or life forms and we also know that it is in fact malnutrition that causes the majority of disease and death…
While many are suffering in pain, in jails or prison, starving and dying from not having this food and the genocide and Slaves being caused by all their propaganda Legal Lies – Legalize BS Babble being told by their Big Corporate Industrial Synthetic Military Prison Church Complex!
Just in order for us to… be, eat, heal, sleep, maintain,… Naturally as it was Divinely ordained by/in Nature and/or G-d…
As apposed to being forced to utilize addictive and/or become dependent and/or being poisoned by all of it… Their patented chemical synthetic look alikes… When we know for a fact, that Cannabis/Marijuana is non-toxic… Breaks Addiction and Dependency while it has has so many other good industrial uses… For our sustainability and tranquility!
https://en.wikipedia.org/wiki/Lesser_of_two_evils_principle
https://en.wikipedia.org/wiki/Leary_v._United_States
http://www.differencebetween.info/difference-between-statutory-law-and-constitutional-law
http://norml.org/library/item/introduction-to-the-endocannabinoid-system
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
Kentucky Cannabis Hemp Health Initiative
Kentucky Cannabis Hemp Health Initiative 2013-2014-2015
Framework taken from the Jack Herer Initiative aka CCHI1013. An initiative I had the honor of having a personal hand helping to word, redefining the cannabis/marijuana/hemp movement through selective wording. While attempting to protect and free the plant, the farmers, the prisoners, and the people from validating and mandating over regulation and enslavement through the legal lies = legalize = “common words used” commonly leading us to Corporate G.M.O.’s = {genetic mutated organisms} which “equal genetically modified crops”, seed ownership through patent, small farmers being sued or enslaved,… While they continue to build their Military Industrial Complex with our tax dollars, lives… So it seems only appropriate I use it as a base to follow and put it forth here within the Commonwealth of Kentucky.
THIS IS A DRAFT, PLEASE DO MAKE ANY SUGGESTIONS FOR ANY PROTECTIONS YOU FEEL HAVE BEEN OVER LOOKED AND ARE NEEDED HERE > https://www.facebook.com/notes/kentucky-cannaibis-hemp-health-initiative-2014/kentucky-cannabis-hemp-health-initiative-2014/284385848356111
AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF THE COMMONWEALTH OF KENTUCKY:
I. Add Section ________ to the Health and Safety Code of the Commonwealth of Kentucky, to amend, nullify, restore through repeal of any and all unconstitutional laws or policies to the contrary, including those on the Federal and U.N. Levels, notwithstanding,:
1. No person, individual, or corporate entity shall be arrested or prosecuted, be denied any right or privilege, nor be subject to any criminal or civil penalties for the possession, cultivation, transportation, distribution, or consumption of cannabis hemp marijuana, including:
(a) Cannabis hemp industrial products.
(b) Cannabis hemp medicinal preparations.
(c) Cannabis hemp nutritional products.
(d) Cannabis hemp religious and spiritual products.
(e) Cannabis hemp recreational and euphoric use and products.
2. Definition of terms:
(a) The terms “cannabis hemp” and “cannabis hemp marijuana” mean the natural, non-genetically modified plant hemp, cannabis, marihuana, marijuana, cannabis sativa L, cannabis Americana, cannabis chinensis, cannabis indica, cannabis ruderalis, cannabis sativa, or any variety of cannabis, including any derivative, concentrate, extract, flower, leaf, particle, preparation, resin, root, salt, seed, stalk, stem, or any product thereof.
(b) The term “cannabis hemp industrial products” means all products made from cannabis hemp that are not designed or intended for human consumption, including, but not limited to: clothing, building materials, paper, fiber, fuel, lubricants, plastics, paint, seed for cultivation, animal feed, veterinary medicine, oil, or any other product that is not designed for internal human consumption; as well as cannabis hemp plants used for crop rotation, erosion control, pest control, weed control, or any other horticultural or environmental purposes, for example, the reversal of the Greenhouse Effect and toxic soil reclamation.
(c) The term “cannabis hemp medicinal preparations” means all products made from cannabis hemp that are designed, intended, or used for human consumption for the treatment of any human disease or condition, for pain relief, or for any healing purpose, including but not limited to the treatment or relief of: Alzheimer’s and pre-Alzheimer’s disease, stroke, arthritis, asthma, cramps, epilepsy, glaucoma, migraine, multiple sclerosis, nausea, premenstrual syndrome, side effects of cancer chemotherapy, fibromyalgia, sickle cell anemia, spasticity, spinal injury, stress, easement of post-traumatic stress disorder, Tourette syndrome, attention deficit disorder, immunodeficiency, wasting syndrome from AIDS or anorexia; use as an antibiotic, antibacterial, anti-viral, or anti-emetic; as a healing agent, or as an adjunct to any medical or herbal treatment. Mental conditions not limited to bipolar, depression, attention deficit disorder, or attention deficit hyperactivity disorder, shall be conditions considered for medical use.
(d) The term “cannabis hemp nutritional products” means cannabis hemp for consumption by humans and animals as food, including but not limited to: seed, seed protein, seed oil, essential fatty acids, seed cake, dietary fiber, or any preparation or extract thereof. Not Taxable
(e) The term “cannabis hemp euphoric products” means cannabis hemp intended for personal recreational or religious use, other than cannabis hemp industrial products, cannabis hemp medicinal preparations, or cannabis hemp nutritional products.
(f) The term “personal use” means the internal consumption of cannabis hemp by people 18 years of age or older for any relaxational, meditative, religious, spiritual, recreational, or other purpose other than sale.
(g) The term “commercial production” means the production of cannabis hemp products for sale or profit under the conditions of these provisions.
(h) The term “non-genetically modified ” is used to define or establish the Prohibition of any and all Unnatural “genetically modified organism (GMO)” is used to refer to any microorganism, plant, or animal in which genetic engineering techniques have been used to introduce, remove, or modify specific parts of its genome of any and all cannabis, cannabis sativa L, marijuana, hemp,…. Examples include plants being modified for pest resistance; lab animals being manipulated to exhibit human diseases, such as sickle cell anemia; and even glowing jellyfish genes inserted in a rabbit for an art piece.
Ref: http://www.thefreedictionary.com/Genetically-modified+organism
As Apposed To = To Clarify that there is a Recognized Difference between G.M.O. and Genetically Engineered
(i) The term “genetic engineering” involves isolating individual DNA fragments, coupling them with other genetic material, and causing the genes to replicate themselves. Introducing this created complex to a host cell causes it to multiply and produce clones that can later be harvested and used for a variety of purposes. Current applications of the technology include medical investigations of gene structure for the control of genetic disease, particularly through antenatal diagnosis. The synthesis of hormones and other proteins (e.g., growth hormone and insulin), which are otherwise obtainable only in their natural state, is also of interest to scientists. Applications for genetic engineering include disease control, hormone and protein synthesis, and animal research.
Ref: http://legal-dictionary.thefreedictionary.com/Genetically-modified
3. Industrial cannabis hemp farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirement, licensing fee, tax that is excessive, discriminatory, double taxation or prohibitive.
4. Cannabis hemp medicinal preparations are hereby restored to the list of available medicines in the Commonwealth of Kentucky. Licensed physicians shall not be penalized for, nor restricted from, prescribing or recommending cannabis hemp for medical purposes to any patient, regardless of age. No tax shall be applied to prescribed cannabis hemp medicinal preparations. Medical research shall be encouraged. No recommending physician shall be subject to any professional licensing review or hearing as a result of recommending or approving medical use of cannabis hemp marijuana. Cannabis hemp nutritious foods are medicine and therefore are subject to current Commonwealth Food & Drug Tax Code Exemptions
5. Personal use of cannabis hemp euphoric products.
(a) No permit, license, or tax shall be required for the non-commercial cultivation, transportation, distribution, or consumption of cannabis hemp.
(b) No unconstitutional Testing for inactive and/or inert residual cannabis metabolites shall not be allowed for employment or insurance, nor be considered in determining employment, other impairment, or intoxication, or qualifications for benefits, programs or education,… Including Protections of Families, against Unconstitutional Testing for Cannabis residual,… and/or Cannabis Use shall not/can not be used to take Custody of children from their families, parents or legal guardians.
(c) When a person falls within the conditions of these exceptions, the offense laws do not apply and only the exception laws apply.
6. Use of cannabis hemp products for religious or spiritual purposes shall be considered an inalienable right; and shall be protected by the full force of the State and Federal Constitutions.
7. Commerce in cannabis hemp euphoric products shall be limited to adults, 18 years of age and older, and shall be regulated in a manner analogous to the Commonwealth of Kentucky’s tobacco industry model. For the purpose of distinguishing personal from commercial production, 99 flowering female plants and 12 pounds of dried, cured cannabis hemp flowers, bud, not leaf, produced per adult, 18 years of age and older, per year shall be considered as being for personal use.
8. The manufacture, marketing, distribution, or sales between adults of equipment or accessories designed to assist in the planting, cultivation, harvesting, curing, processing, packaging, storage, analysis, consumption, or transportation of cannabis hemp plants, industrial cannabis hemp products, cannabis hemp medicinal preparations, cannabis hemp nutritional products, cannabis hemp euphoric products, or any cannabis hemp product shall not be prohibited.
9. No Commonwealth of Kentucky law enforcement personnel or funds shall be used to assist or aid and abet in the enforcement of Federal cannabis hemp marijuana laws involving acts which are hereby declared unconstitutional, therefore no longer illegal, as they are considered repealed and nullified in the Commonwealth of Kentucky.
10. Any person who threatens the enjoyment of these provisions is guilty of a misdemeanor. The maximum penalties and fines of a misdemeanor may be imposed.
II. Nullify, Repeal, delete, and expunge any and all existing statutory laws that conflict with the provisions of this initiative.
1. Enactment of this initiative shall include: amnesty, immediate release of custody from prison, jail, parole, and probation, and clearing, expungement, and deletion of all criminal records and/or all social/family service records/cases for all persons currently charged with, or convicted of any non-violent cannabis hemp marijuana offenses included in this initiative which are hereby no longer illegal in the Commonwealth of Kentucky. People who fall within this category that triggered an original sentence are included within this provision.
2. Within 60 days of the passage of this Act, the Commonwealth Attorney General shall develop and distribute a one-page application, providing for the destruction of all cannabis hemp marijuana criminal records in the Commonwealth of Kentucky for any such offense covered by this Act. Such forms shall be distributed to district and city commonwealth attorneys and made available at all police departments in the Commonwealth to persons hereby affected. Upon filing such form with any Superior Court and a payment of a fee of $10.00, the Court shall liberally construe these provisions to benefit the defendant in furtherance of the amnesty and dismissal provision of this section. Upon the Court’s ruling under this provision the arrest record shall be set aside and be destroyed. Such persons may then truthfully state that they have never been arrested or convicted of any cannabis hemp marijuana related offense which is hereby no longer illegal in the Commonwealth of Kentucky. This shall be deemed to be a finding of factual innocence under Kentucky Penal Code Section 218A.010, et seq.
3. Law abiding Cannabis Growers and Consumers retain the Right to possess Firearms as granted to them by the 2nd Amendment of the Constitution. For the use of their protection and prosperity which includes hunting.
III. The legislature is authorized upon thorough investigation, to enact legislation using reasonable standards to:
1. License concessionary establishments to distribute cannabis hemp euphoric products in a manner analogous to the Commonwealth of Kentucky’s tobacco industry model. Sufficient community outlets shall be licensed to provide reasonable commercial access to persons of legal age, so as to discourage and prevent the misuse of, and illicit traffic in, such products. Any license or permit fee required by the Commonwealth for commercial production, distribution or use shall not exceed $1,000.00 and not more than $500.00 per small farmer or small business.
2. Place an excise tax on commercial and corporate sale of cannabis hemp euphoric products, analogous to the Commonwealth’s tobacco industry model, so long as no excise tax or combination of excise taxes shall exceed $10.00 per ounce.
3. Regulate the personal use of cannabis hemp euphoric products in enclosed and/or restricted public places.
4. Exempt cannabis marijuana hemp from any and all farming tobacco “Base” laws, regulations, codes, statutes, which “restricted” or “limit” number of licenses,… based on science that “does not apply” to the agricultural cultivation, propagation, growth or farming of cannabis marijuana hemp which has been scientifically proven to reclaim, remove toxins and restore soil, ground water and our ozone.
IV. Pursuant to the Ninth and Tenth Amendments to the Constitution of the United States, the people of the Commonwealth of Kentucky hereby nullify, repudiate and challenge Federal cannabis hemp marijuana prohibitions that are in conflict with this Act and our Constitutions, both Federal and our Commonwealth’s.
V. Severability: If any provision of this Act, or the application of any such provision to any person or circumstance, shall be held invalid by any court, the remainder of this Act, to the extent it can be given effect, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Act are severable.
VI. Construction: If any rival or conflicting initiative regulating any matter addressed by this act receives the higher affirmative vote, then all non-conflicting parts shall become operative.
VII. Purpose of Act: This Act is an exercise of the police powers of the Commonwealth for the protection of the safety, welfare, health, and peace of the people and the environment of the Commonwealth, to protect the industrial and medicinal uses of cannabis hemp, to eliminate the unlicensed and unlawful cultivation, selling, and dispensing of cannabis hemp; and to encourage temperance in the consumption of cannabis hemp euphoric products. It is hereby declared that the subject matter of this Act involves, in the highest degree, the ecological, economic, social, and moral well-being and safety of the Commonwealth and of all its people. All provisions of this Act shall be liberally construed for the accomplishment of these purposes: to respect human rights, to promote tolerance, to uphold the Constitutions both Federal and the Commonwealth’s and to end cannabis hemp prohibition. To nullify, repeal and challenge the U.N. to end cannabis marijuana hemp prohibition which is half of the worldwide so-called “War on Drugs”created to uphold the interest of Big Chema, Big Pharma, Big Corps and their Synthetic Military Industrial Prison Complex and to uphold the interest of the people and it’s own Universal Declaration of Human Rights for the reasons already stated with-in it.
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Due to the fact that the Commonwealth of Kentucky doesn’t allow you to simply petition your State Government as in most states. We ask that you Please print or copy, Sign, and forward copies to your local Representative in Congress and our State Senators here with-in the Commonwealth with a note attached reminding them they are paid to represent your interest regardless of whether they agree with them or not. Thank You!
Written in Honor of the Great Spirit, the universe, the planet and good friends, colleagues, mentors, leaders,… Jack Herer, Gatewood Galbraith, and all who have gone before me and those who will come after us.
Sincerely,
Mary Thomas-Spears aka Rev. Mary
PLEASE SIGN PETITION BELOW! REPEAL CANNABIS PROHIBITION NOW!
PRESS RELEASE: GLOBAL MARIJUANA MARCH of KENTUCKY has added BOWLING GREEN to the VENUE!
May 1, 2014 –
As of this morning BOWLING GREEN KENTUCKY will be hosting a “GLOBAL MARIJUANA MARCH”
ON SUNDAY MAY 4TH!!!
PER “BOBBIE SEXTON” AT PERMITS OFFICE IN BOWLING GREEN, KY A PERMIT IS NOT NEEDED HERE TO HAVE THIS MARCH.
SO EVERYONE WHO IS IN BOWLING GREEN CAN COME TO LOUISVILLE ON SATURDAY AND THEN
GET TWICE THE FUN WHEN THEY GO TO THEIR OWN BOWLING GREEN MARCH ON SUNDAY!
COME OUT AND ENJOY YOUR RIGHT TO FREE SPEECH!
THE ROUTE IS AS FOLLOWS:
*BEGINNING AT LIBRARY ON STATE STREET
*CONTINUE TO OLD COURTHOUSE
*CONTINUE TO THE NEW JUSTICE CENTER
*CONTINUE TO FEDERAL COURTHOUSE
*CONTINUE BACK AROUND FOUNTAIN SQUARE TO LIBRARY.
MEETUP AT 10:00 AM CST IN FRONT OF LIBRARY ON STATE STREET FOR MARCH TO BEGIN PROMPTLY AT 11:00 AM!!!!
*NO ILLEGAL ACTIVIES ALLOWED
*EVERYONE MUSH STAY WITHIN SIDEWALKS AND HONOR TRAFFIC SIGNALS.
THE WEATHER PROMISES A GOOD DAY SO COME ON OUT AND ENJOY!
HOSTED BY:
SPONSORED BY:
**FOR MORE INFORMATION ON THIS EVENT CONTACT REV. MARY SPEARS OF DIVERSE SANCTUARY AT 270-904-0279
Rev. Mary T. Spears, Diverse Sanctuary ... 