tagged w/ Marijuana Reform
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Jake Lea singing an impromptu song about our journey across the United States to learn more about the marijuana industry.Jake Lea singing an impromptu song about our journey across the United States to learn... more
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Hello there. My name is Cristie Clark and I am the District Coordinator for the North Alabama region of The Alabama Medical Marijuana Coalition (AMMJC). We just started our Non-Profit organization June 3, 2011 and have since put forth a Patient’s Rights Bill that will be headed to the Legislature in February 2012. We have gained the support of Representative K.L. Brown, a Republican Conservative Christian, and he has agreed to sponsor our Bill. Since making this progress, we have been hosting picnics all over the state in an effort to spread the word and gain support. We have also been on several morning talk shows.
We are solely fighting for the most terminal patients who have chosen to push their harsh and addictive medications to the side, and replace it with marijuana, despite being labeled a criminal. I feel that it is imperative to give these patient’s a voice, as well as the right to choose what treatment is best for them.
-Cristie L. Clark
District 2 Coordinator
Board Member, AMMJC
(Facebook Page)
https://www.facebook.com/#!/groups/167652663294034/
https://www.facebook.com/#!/cristielynnclarkHello there. My name is Cristie Clark and I am the District Coordinator for the North... more
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Marijuana is currently regulated by the United States government as a Schedule II drug, placing it in the same category as methadone, cocaine and morphine. This is largely due to the first condition of Schedule II drugs, which is that the substance “has a high potential for abuse.” The language in that clause is deliberately vague. Does abuse equal addiction? Probably not, since marijuana is not addictive like other Schedule II drugs. Rats don’t self-administer the compound in a lab, it’s virtually impossible to fatally overdose on the drug, and the physiological effects of marijuana withdrawal, if they occur, are far milder than those experienced by chronic amphetamine, alcohol, nicotine or opiate users. Put another way, if “abuse” means “addiction” then cigarettes should be Schedule II, not marijuana.
Rather, the case for marijuana “abuse” has always stemmed from its cognitive effects. While cigarettes are like caffeinated smoke — they increase attention and productivity, marijuana is the drug of choice for slackers, hippies and Seth Rogen characters. In popular culture, all it takes is one hit from a bong before people become ridiculously dumb, unable to solve the simplest problems or utter a coherent sentence. Potheads eat a lot and laugh at stupid jokes. The larger worry, of course, is that such damage is enduring and that “smoking dope” permanently impedes learning and memory.
That, at least, has been the collective stereotype for decades. There’s even been some science to back it up, especially when the marijuana use begins at an early age. But now a different answer is beginning to emerge, thanks to an authoritative new study led by Robert Tait at the Australian National University. The scientists looked at the long-term cognitive effects of marijuana use in nearly 2,000 subjects between the ages of 20 and 24. The subjects were divided (based on self-reports) into several different categories, from total abstainers (n = 420) to “current light users” (n = 71) to “former heavy users” (n = 60). Over the course of eight years, the scientists gave the subjects a battery of standard cognitive tests, most of which focused on working memory, verbal memory and intelligence. One of the important advantages of this study is that the scientists controlled for a number of relevant variables, such as education and gender. In Time, Maia Szalavitz explains why this statistical adjustment is necessary:
Read the rest:
http://www.wired.com/wiredscience/2011/08/does-marijuana-make-you-stupid/Marijuana is currently regulated by the United States government as a Schedule II... more
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A 58-year-old man in Sweden is feeling like a dope after getting busted trying to buy marijuana.
However, police in Gavle, Sweden, let the man go after discovering that the bag of grass he bought was literally a bag of real grass. Oh, and some bark, TheLocal. se reported.
More here:
http://www.politicalfailblog.com/2011/06/duped-dope-smoker-avoids-arrest-when-he.htmlA 58-year-old man in Sweden is feeling like a dope after getting busted trying to buy... more
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Brian Aitken just directed this video on the Cost of the War on Drugs through the Foundation for Economic Education with help from Jeffrey Miron, Harvard Economist and Senior Fellow at the CATO Institute.
After 40 years of violence, murder, and trillions of dollars spent with no end in sight the video begs you to ask yourself: Does it make sense?
The Foundation for Economic Education: FEE is the oldest free-market organization in America. Founded in 1946 FEE’s mission is to offer the most consistent case for the “first principles” of freedom: the sanctity of private property, individual liberty, the rule of law, the free market, and the moral superiority of individual choice and responsibility over coercion.
Brian Aitken: Best known for being sentenced to seven years in prison for possessing his legally owned firearms. After a two year legal battle where corruption reigned he spent four months in prison before being released by Governor Chris Christie. A Deprivation of Civil Rights suit is pending against the Police, Prosecutor and Judge (who has since been dismissed). Aitken is now the Director of New Media for FEE.
Jeffrey Miron: Jeffrey A. Miron is Senior Lecturer and Director of Undergraduate Studies in the Department of Economics at Harvard University and a Senior Fellow at the Cato Institute. Miron has previously served on the faculties of the University of Michigan and Boston University; at the latter, he was Department chairman for six years. He has been the recipient of an Olin Fellowship from the National Bureau of Economic Research, an Earhart Foundation Fellowship, and a Sloan Foundation Faculty Research Fellowship. Miron holds a B.A. in economics, magna cum laude, from Swarthmore College and a Ph.D. in economics from M.I.T.
The CATO Institute: The Cato Institute is a public policy research organization — a think tank — dedicated to the principles of individual liberty, limited government, free markets and peace. Its scholars and analysts conduct independent, nonpartisan research on a wide range of policy issues.Brian Aitken just directed this video on the Cost of the War on Drugs through the... more
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According to National Cancer Institute website cancer.gov the Cannabis plant produces a resin containing psychoactive compounds called cannabinoids which are a group of terpenophenolic compounds found in Cannabis species (Cannabis sativa L. and Cannabis indica Lam.)., activate specific receptors found throughout the body to produce pharmacologic effects, particularly in the central nervous system and the immune system. Cannabinoids benefits in the treatment for people with cancer -related symptoms caused by the disease itself or its treatment.
Cannabis, also known as marijuana, originated in Central Asia but is grown worldwide today. In the United States, it is a controlled substance and is classified as a Schedule I agent (a drug with increased potential for abuse and no known medical use).
http://www.ufo-blogger.com/2011/06/marijuana-cure-cancer-us-govt.htmlAccording to National Cancer Institute website cancer.gov the Cannabis plant produces... more
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Marijuana advocates filed a suit in a U.S. Circuit Court today to force the Obama administration to answer a petition that seeks to have the federal government recognize cannabis as a drug with acceptable medical uses. The suit wants the court to order the administration to answer the original request within 60 days. This after nine years of stalling on the matter, according to California NORML, which is party to Monday's suit.
Read more:
http://www.politicalfailblog.com/2011/05/medical-marijuana-from-sea-to-shining.htmlMarijuana advocates filed a suit in a U.S. Circuit Court today to force the Obama... more
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In 2010, Vanguard correspondent Adam Yamaguchi embedded with a task force working to take down Mexican drug trafficking organizations operating in the U.S. Now he gives an update on California's battle over legalizing marijuana and the ongoing efforts of law enforcement to shut down marijuana grow sites.
"Vanguard" is Current TV's no-limits documentary series whose award-winning correspondents put themselves in extraordinary situations to immerse viewers in global issues that have a large social significance. Unlike sound-bite driven reporting, the show's correspondents, Adam Yamaguchi, Christof Putzel and Mariana van Zeller, serve as trusted guides who take viewers on in-depth real life adventures in pursuit of some of the world's most important stories.
For more, go to http://current.com/vanguard.
Current Media, the Peabody-and Emmy Award-winning television and online network founded in 2005 by Al Gore and Joel Hyatt, engages viewers with smart, provocative and timely programming -stories that no one else is telling in ways that no one else is telling them. Current's programming shines a light where others won't dare and boldly explores important subjects -- opening minds, sparking conversations and forming deep connections with its viewers. The channel's audience is comprised of affluent, curious, social and connected adults who crave the kind of entertaining, enlightening, witty and informative programming found on Current's TV and online properties. Current is now available via cable and satellite TV in 75 million households worldwide - 60 million households in the US - through distribution partners Comcast (Channel 107); Time Warner ; DirecTV (Channel 358 nationwide); Dish Network (Channel 196 nationwide); Verizon and AT&T. In the UK and Ireland, Current is available on BSkyB (Channel 183) and Virgin Media (Channel 155), and in Italy, Current is available on Sky Italia (Channel 130). Viewers can also find Current online at http://www.current.com.In 2010, Vanguard correspondent Adam Yamaguchi embedded with a task force working to... more
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Police find illegal drugs after busting into wrong apartment complex
The smell of marijuana smoke and sound of evidence being destroyed is enough reason for police to knock down an apartment door and search the place without a warrant, the U.S. Supreme Court ruled Monday.
In an 8-1 decision [PDF], the nation's highest court said the warrantless search of an apartment in Lexington, Kentucky was legal because of "exigent circumstances," which permits law enforcement officers to conduct a warrantless search if there is a strong likelihood of destruction of evidence.
In the case Kentucky v. King, uniformed Lexington police officers pursued a suspected drug dealer to an apartment complex. The officers approached an apartment door where they believed the suspect had entered, knocked loudly and announced their presence.
The officers said they could smell marijuana smoke and heard noises consistent with the destruction of evidence after knocking.
The officers then kicked in the apartment door -- which turned out to be the wrong apartment -- and entered, finding marijuana and powder cocaine in plain sight and finding additional evidence during a second search.
Lexington police officers eventually entered another apartment in the complex where they found the initial target of their investigation.
The Supreme Court of Kentucky had ruled that the initial search of the apartment was not allowed under the exigent-circumstances rule because the officers should have foreseen that knocking on the door would prompt the occupants to attempt to destroy evidence. The court said the officers could not "deliberately create the exigent circumstances with the bad faith intent to avoid the warrant requirement."
The Supreme Court of the United States ruled there was no evidence that the police had acted in "bad faith" and that the smell of marijuana and the noises created inside the apartment were sufficient to establish that evidence was being destroyed.
"Where, as here, the police did not create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment, warrantless entry to prevent the destruction of evidence is reasonable and thus allowed," Justice Samuel A. Alito Jr. wrote for the majority.
"Because the officers in this case did not violate or threaten to violate the Fourth Amendment prior to the exigency, we hold that the exigency justified the warrantless search of the apartment," the Supreme Court ruled, reversing the decision of the Kentucky Supreme Court.
"The court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases," Justice Ruth B. Ginsburg wrote in her lone dissent. "In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down, nevermind that they had ample time to obtain a warrant."
"Aw Man, that Sucks!!!"Police find illegal drugs after busting into wrong apartment complex
The smell of... more
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KB723
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1 year ago
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(Reuters) - Delaware became the 16th state on Friday to legalize marijuana for medical use after the governor signed the bill into law.
The law allows patients who certify they have a serious medical condition such as cancer to possess up to six ounces, or 170 grams, of marijuana.
State-licensed centers will be allowed to grow the marijuana and dispense it to patients 18 and older.
Democratic Governor Jack Markell signed the bill in private without a ceremony, according to his office.
The state Senate passed the measure on Wednesday by a 17-4 vote.
California was the first state to allow marijuana for medical use in 1996.
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Many more states are expected to follow suit. How many states need to do this before cannabis/THC is finally rescheduled? In reality, it should have only taken 1 state... We now have a full THIRD of US states with medicinal cannabis laws even though the government has refused to acknowledge it's medicinal value, let alone the fact that it is a completely safe and non-toxic recreational substance that could offer a valuable alternative to alcohol which is one of this nation's leading substances attributing to the death of thousands of people every year.
http://budbeauties.com/wp-content/uploads/2011/01/san-diego-medical-marijuana.jpg
PS - If you're wondering why I called it "Cannabis" that's because I refuse to call it "marijuana". Marijuana is a dirty racist term founded in the roots of the propaganda campaign that led to one of the biggest travesties in history...
Legalize, regulate and educate!! Cannabis should be free for adults to use as they wish, whether it be medicinal, spiritual, inspirational, or just simply recreational use. If we can drink ourselves to death with an accepted toxin with no medicinal value, why can't we choose to use a non-toxic herb for whatever we want???(Reuters) - Delaware became the 16th state on Friday to legalize marijuana for medical... more
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Ever wonder what British Columbia’s most profitable industries are? Logging? Fishing? Tourism? Ever think to include marijuana? If you haven’t, think again. No longer a hobby for the stereotypical hippie culture of the ’60s, BC’s illegal marijuana trade industry has evolved into a seemingly unstoppable business giant, dubbed by those involved as ‘The Union’.
Commanding upwards of $7 billion Canadian annually, The Union’s roots stretch far and wide, directly and indirectly affecting all areas of our society. With 65% to 85% of all ‘BC Bud’ being exported to the United States, it’s clear that the BC marijuana trade has become an international issue with consequences that extend far beyond our borders. When there are record profits to be made, who are the players, and when do their motives become questionable?
Why is marijuana illegal? What health risks do we really face? Does prohabition work? What would happen if we taxed it? Medicine, paper, fuel, textiles, food, etc. Are we missing something here?
Follow filmmaker Adam Scorgie as he dives head first into Canada’s most socially acceptable illegal activity. Along the way, Adam demsytifies the underground market and brings to light how such a large industry can function while remaining illegal. By interviewing experts from around the globe, including growers, clippers, police officers, criminalogists, economists, psychologists, medical doctors, politicians and pop culture icons, Scorgie explores the cause and effect nature of the business behind getting high.
Nobody’s innocent in this exploration of an industry that may be profiting more by being illegal. Join Adam Scorgie as he unravels the mystery of The Union.Ever wonder what British Columbia’s most profitable industries are? Logging?... more
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Cannabis these days is more well-known as marijuana, a term founded in the highly racial campaign to eliminate cannabis from competition in many industries from pharmaceuticals to big oil and many big money industries in between. This single plant has a very staggering list of thousands of uses, most of which are non-toxic to both humans and our environment as well as fully sustainable; unlike the many products and industries that such uses could compete with or completely replace.
Thanks to an all too effective disinformation campaign, launched in the name of hate and greed, the only thing most people today can associate with this plant are negative stereotypical effects related to drug abuse. Even though those few instances of use are not founded in reality, but rather exaggerations of a tiny percentage of statistical evidence showing detriment to human health which are often based on biased and flawed studies which do not hold up under unbiased scrutiny, the ignorance persists. Lies... that's what keeps people in fear of the plant that could change the world as we know it for the better. Doesn't seem right, does it?
Inform yourself, watch the documentaries and share this with everyone you know. It's time to dispel the fraudulent myths that have dominated public, drug, and foreign policy for over 70 years now. Not only do we have modern studies and evidence that say cannabis should never have been prohibited and virtually black-balled, we have thousands of years of evidence that says this is and has been the most important plant in the history of mankind!
Cannabis Prohibition is a travesty.... it's time to end this bullshit! Legalize, educate and regulate. Together we can change the world!
http://www.youtube.com/watch?v=PSKJrgGqx_E&feature=related
ALSO WATCH: Medical Cannabis and Its Impact on Human Health
http://www.youtube.com/watch?v=8Md2WNqqxTQ&feature=...
EXCELLENT documentary! Please share this, pass it on, email it to anyone and everyone. It's time to shatter this myth that has ruined millions of lives and cost taxpayers nearly a trillion dollars. Watch the video, it will open your eyes to the truth!
Also... check out Jack Herer's site loaded with information including a text only version of his famous book, "The Emperor Wears No Clothes".
http://www.jackherer.com/Cannabis these days is more well-known as marijuana, a term founded in the highly... more
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A King County, Washington resident has legally changed his name to “Fuck The Drug War.”
A district judge signed off on the name change petition last Friday from a man whose name was previously “Fuck Censorship,” reports Josh Feit at PubliCola.A King County, Washington resident has legally changed his name to “Fuck The... more
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The Tribal roots of the Tao
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A new poll from The Economist and YouGov contains exciting news for marijuana advocates. "A huge majority of Americans, more than two to one once 'don't knows' have been excluded, support the legalization and taxation of marijuana," the magazine announced.
Even without excluding the "don't knows," a clear majority -- 58 percent -- favors treating cannabis like tobacco or alcohol, according to the poll.
The data reveal some interesting patterns, according to the magazine. In every age group, more people favor legalization than oppose it.
Not surprisingly, young people heavily favor legalization. But Baby Boomers want to legalize pot almost as much as the 20-somethings do. Even those over 65 are narrowly in favor of legalization, as well.
Even Republicans favor legalizing weed, although by a much narrower margin than the Democrats, who are much more enthusiastic and numerous in their support.
"If our poll is right, then it can only be a matter of time before laws start to change, at least in the more liberal states," The Economist opined. Dudes, look closer -- it's already started.
http://www.tokeofthetown.com/2011/02/economist_poll_huge_majority_supports_legalizing_m.phpA new poll from The Economist and YouGov contains exciting news for marijuana... more
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Law enforcement officers who once waged the War On Drugs submitted testimony Tuesday supporting a bill to legalize and regulate marijuana in Washington state. The bill, HB 1550, sponsored by Rep. Mary Lou Dickerson, was heard by the House Committee on Public Safety & Emergency Preparedness.
Norm Stamper, a retired Seattle chief of police, wrote that legalizing marijuana "would provide a great benefit for public safety by allowing the state's police officers to focus on the worst crimes, protecting the people of Washington from burglaries, rapes, shootings, and drunk driving."
"Not only would it free up police resources, it would bring in much-needed new revenue for the state," Stamper wrote.
Stamper and the other criminal justice professionals who testified Tuesday are members of the organization Law Enforcement Against Prohibition (LEAP). LEAP represents police, prosecutors, judges, prison wardens, federal agents and others who want to legalize and regulate drugs.
According to Rep. Dickerson, the bill could generate $400 million in new revenue for the state every two years. Of the revenues raised, 77 percent would be dedicated to health care and 20 percent to substance abuse and treatment.
The bill would legalize marijuana for adults 21 and over, and allow it to be sold through state liquor stores, with commercial growers applying for a license through the Liquor Control Board.
"Drug cases and marijuana cases in particular occupy an inordinate amount of money and time," testified David Nichols, a retired Whatcom County Superior Court judge. "In addition to the court resources they waste, I witnessed the damage they inflicted upon individuals and their families and communities. And for what? Marijuana laws are not keeping anyone from using marijuana."
Also submitting testimony on Tuesday were retired U.S. Customs inspector Arnold James Byron, former police officer James Peet and former Washington State Department of Corrections probation officer Matt McCally.Law enforcement officers who once waged the War On Drugs submitted testimony Tuesday... more
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Chris Bartkowicz, a Colorado man who ran a medical marijuana growing operation from the basement of his home, was sentenced Friday morning to five years in federal prison.
Bartkowicz pleaded guilty in October to federal drug charges, which vengeful Drug Enforcement Administration agents raided within hours after Chris showed the grow operation to a TV news team.
Under his plea agreement, Bartkowicz and federal prosecutors settled on a prison term of five years, and federal District Court Judge Philip Brimmer chose to accept that deal, reports John Ingold at The Denver Post. His release will be followed by eight years of supervised probation. Under federal sentencing rules, Chris must serve at least 85 percent of his sentence, which means, like the case of Marc Emery, a minimum of 51 months in prison.
"Five years is a long time," Assistant U.S. Attorney M.J. Menendez said during the hearing. "It's going to allow him time to get treatment and it's going to give him time to reflect on what brought him here today."
"Get treatment" for what, Attorney Menendez? Medical marijuana was his treatment. "Reflect on" what, Menendez? That the federal government can send you away for five years -- for attempting to help sick people? That's something worthy of reflection, for damn sure.
Chris will be forced to take part in mandatory "drug abuse" and "mental health" programs while he's in federal prison, reports William Breathes at Denver Westword.
Bartkowicz will be the first person in Colorado to serve federal prison time for actions he says were legal under the state's medical marijuana law.
Agents confiscated more than 100 plants from Bartkowicz's house. According to Chris, he was a medical marijuana caregiver to several patients and sold the rest to legal dispensaries.
"This all seems like a script written by Lewis Carroll," said Bartkowicz's attorney, Joseph Saint-Veltri, during the hearing, referring to the Alice In Wonderland author.
"Hundreds of [marijuana] plants are being cultivated within a mile radius of this building as we speak, and they will continue to be cultivated... because the people of Colorado want that to happen," Saint-Veltri added later.
Federal agents claim they targeted Bartkowicz because they claim he was growing more plants than Colorado's medical marijuana law allowed, because he had prior state-legal drug convictions, and because his operation was about two blocks from a school. Judge Brimmer, handing down the sentence, echoed those concerns.
The judge said Bartkowicz "miserably failed" to follow Colorado law because of the number of plants he had and because he never met many of the patients who used his cannabis. That, Judge Brimmer claimed, means the case is not an example of the federal government oppressively interfering with state law, but rather fits with Bartkowicz's previous marijuana convictions.
"He's choosing to violate state law again, and he's cultivating marijuana," the self-righteous Judge Brimmer said.
Bartkowicz's bid to use a medical defense in his federal court case was denied. Because marijuana is illegal for any purpose under state law, Chris had few options but a strike a deal with prosecutors. Because of his prior convictions, Bartkowicz could have gotten 40 years under the charges he faced.
"It's the best that Mr. Bartkowicz can hope to achieve under these circumstances," Saint-Veltri said of the plea deal.
About 20 medical marijuana activists gathered outside the federal courthouse to protest the sentencing before the hearing began. They held signs bearing messages including "Cannabis Is Not Criminal." According to the activists, the DEA wanted to make an example of Bartkowicz in retaliation for the TV interview, which was conducted by local station 9News.
The protest was organized by Lannette Johnson, leader of the Denver chapter of Moms For Marijuana, who said she befriended Bartkowicz after his arrest.
"I think what happened to Chris is a huge injusitce," Johnson said. "Chris is a DEA scapegoat."
When he was given the chance, Bartkowicz did not try to sway Judge Brimmer during the sentencing hearing.
"I would actually decline to make any comments to the court," Chris said.
At the end of the hearing, Chris, wearing a yellow prisoner's jumpsuit, put his hands behind his back to be handcuffed.
He looked into the audience for a moment, where a number of friends and activists had gathered to support him.
Chris gave them a sad half-smile, then the U.S. Marshal took hold his arm and he disappeared behind a door.
http://www.tokeofthetown.com/2011/01/colorado_medical_grower_bartkowicz_gets_5_years_in.php#moreChris Bartkowicz, a Colorado man who ran a medical marijuana growing operation from... more
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WASHINGTON -- President Barack Obama plans to take questions from YouTube viewers Thursday afternoon, and for the third time in as many years, the overwhelmingly most popular query involves the legalization of marijuana.
Of the top 100 most popular questions as rated by YouTube users, 99 are about the drug war or pot. Of the next one hundred, 99 are again about drug policy. Somehow, two questions about clean energy made their way into the top 200.
The pot questions don't stop there, but HuffPost stopped counting deep into the 200s, as the president is unlikely to answer all of them. If past history is any guide, he may not answer any of them.
A White House spokesman tells HuffPost that the president on Thursday will answer whatever questions YouTube puts before him. "A selection of top voted questions has been made to insure that as many of the most important questions as voted by the YouTube community will be asked," a YouTube spokesperson told HuffPost.
Obama did answer the question in 2009, addressing folks who asked if the president would consider legalizing marijuana to boost the economy and tax revenue.
"Can I just interrupt, Jared, before you ask the next question, just to say that we -- we took votes about which questions were going to be asked and I think 3 million people voted," he said to aide Jared Bernstein. "I have to say that there was one question that was voted on that ranked fairly high and that was whether legalizing marijuana would improve the economy -- (laughter) -- and job creation. And I don't know what this says about the online audience -- (laughter) -- but I just want -- I don't want people to think that -- this was a fairly popular question; we want to make sure that it was answered. The answer is, no, I don't think that is a good strategy -- (laughter) -- to grow our economy in 2009."
That answer tortured legalization backers as much as being ignored, if this year's questions are an indication. Many of them knock the president for laughing at their issue.
The major drug-policy reform organizations say they have had little to do with the popularity of the pot questions and that it has largely been a "grassroots" response. The top question is from an official associated with the group Law Enforcement Against Prohibition, but the second- and third-most popular, judging by their YouTube pages, are clearly not connected to a mainstream advocacy group.
LEAP, the Drug Policy Alliance, the National Organization for the Reform of Marijuana Laws, Students for Sensible Drug Policy and the Marijuana Policy Project released what they called a "joint" statement Thursday calling on the president to address an issue that is "bubbling up."
The statement appears below:
Following his 2011 State of the Union address, President Obama asked the public to submit questions for an exclusive YouTube Interview that will take place on Thursday January 27. The "Ask Obama" forum promises to take questions from the American people on the issues they find most important in terms of national policy.
The people have spoken, and the message is loud and clear: the top 100 most popular questions (193,000 were submitted) are on marijuana reform and the harms of drug prohibition, with the first-place question coming from a former police officer who has first-hand experience with the failure of these policies. The questions dominating the forum deal with marijuana legalization, prohibition-related violence, and the fiscal and human consequences of mass incarceration. The American people want to know why our country is continuing the failed, catastrophic policy of drug prohibition.
Several of the most popular questions also address why our elected leaders have virtually ignored these important issues. This is not the first time marijuana legalization and drug reform have dominated the response to Obama's call for questions. There were similar results in both 2009 and 2010 when people asked Obama about ending prohibition and using science instead of politics to guide our drug policies. In 2009, Obama's response was to laugh off the question about taxing and controlling marijuana. In 2010, Obama ignored the questions, despite the questions dominating in quantity and quality.
http://www.huffingtonpost.com/2011/01/27/obama-youtube-pot-questions_n_814811.html?ref=fb&src=spWASHINGTON -- President Barack Obama plans to take questions from YouTube viewers... more
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Can Police Can Kick Down Your Door If They Smell Pot? Some Justices Think So
Police smelling marijuana coming from behind an apartment door can enter the home without a warrant if they believe the evidence is being destroyed, some U.S. Supreme Court Justices said on Wednesday.
More than 60 years ago, the U.S. Supreme Court ruled that police couldn't enter a residence without a warrant just because they smelled burning opium, reports Adam Liptak at The New York Times.
On Wednesday, during the argument of a case about what police were entitled to do upon smelling marijuana outside the door of a Kentucky apartment, two justices were concerned that the Court may be ready to eviscerate the 1948 ruling which stemmed from a Seattle case.
"Aren't we just simply saying they can just walk in whenever they smell marijuana, whenever they think there's drugs on the other side?" asked Justice Sonia Sotomayor, considering what a decision against the defendant would tell the police. "Why do even bother giving them a search warrant?"
The old ruling, Johnson v. United States, involved the search of a Seattle hotel room. The smell of drugs could provide probably cause for a warrant, Justice Robert H. Jackson wrote for the majority, but it did not entitle police to enter without one.
"No suspect was fleeing or likely to take flight," Justice Jackson wrote. "The search was of permanent premises, not of a movable vehicle. No evidence or contraband was threatened with removal or destruction."
Since the War On Drugs was re-started by President Ronald Reagan in the 1980s, the Supreme Court has steadily given police more leeway to search cars, travelers and baggage, reports David Savage at the Los Angeles Times. But the justices have been reluctant to allow searches of homes without a warrant.
In the new case, Kentucky v. King, police in Kentucky were looking for a suspect who had sold cocaine to an informant. They smelled burning marijuana coming from another apartment -- where Hollis King and his friends were smoking marijuana -- knocked loudly, and announced themselves.
When they heard sounds coming from inside that made them think evidence was being destroyed, they kicked the door in and found marijuana, cocaine, King, two friends, and some cash, but not the original suspect, who was in another apartment.
King was sentenced to 11 years(!) in prison, but the Kentucky Supreme Court overturned his conviction and threw out the evidence, ruling that any risk of drugs' being destroyed was the result of the decision by police to knock and announce themselves rather than to obtain a warrant. The Kentucky court ruled that officers had entered the apartment illegally and that the evidence they found should not have been considered in court, reports Robert Barnes at The Washington Post.
The key issue is whether an "exigent" or emergency circumstance allows the police to enter a residence without a warrant. Sadly but no longer shockingly, Obama Administration lawyers joined the case on the side of Kentucky's prosecutors.
The police who broke into the apartment "reasonably believed that there was destruction of evidence occurring inside," said Ann O'Connell, an assistant to Obama's Solicitor General.
Prosecutors for Kentucky and the federal government told the justices Wednesday that the Kentucky court had erred. They claimed there had been no violation of the Fourth Amendment, which bars unreasonable searches, because they claimed police had "acted lawfully."
But Justice Elena Kagan had doubts about that approach.
If the court looks only at the lawfulness of police behavior, Justice Kagan said, that "is going to enable the police to penetrate the home, to search the home, without a warrant, without going to see a magistrate, in a very wide variety of cases."
All the police would need to say, Justice Kagan said, is that they smelled marijuana and then heard a noise. "Or," she added, "we think there was some criminal activity going on for whatever reason and we heard noise."
"How do you prevent your test from essentially eviscerating the warrant requirement in the context of the one place that the Fourth Amendment was most concerned about?" Kagan asked Kentucky Assistant Attorney General Joshua D. Farley, who claimed the police had done nothing that violated the Fourth Amendment.
Justice Sotomayor was even more direct, asking "Aren't we just doing away with 'Johnson'?"
Justice Ruth Bader Ginsburg asked why the police could not simply roam the hallways of apartment buildings, sniffing for pot, knocking whenever they smelled marijuana, then breaking in if they "hear something suspicious."
"That would be perfectly fine," Kentucky Assistant Atttorney General Farley replied.
Justice Antonin Scalia revealed some unflattering things about his worldview -- which, God help us, seems to be that of a judgmental 10-year-old -- as he said he was not troubled by the standard the government lawyers proposed. He said that police can't go wrong by knocking loudly on the door.
"There are a lot of constraints on law enforcement," Justice Scalia said, "and the one thing that it has going for it is that criminals are stupid."
Scalia said that "criminals" often cooperate with police when not legally required to do so. They might open the door and let officers inside -- and if not, the police can break in, he said.
"Everything done was perfectly lawful," Scalia said. "It's unfair to the criminal? Is that the problem? I really don't understand the problem."
http://www.tokeofthetown.com/2011/01/supreme_court_looks_at_smell-based_home_searches_f.php#moreCan Police Can Kick Down Your Door If They Smell Pot? Some Justices Think So
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