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Two Modesto men found guilty in medical marijuana case

Friday, May 16th, 2008

The Modesto Bee | Two Modesto men found guilty in medical marijuana case
FRESNO — A federal jury found two Modesto men guilty Thursday of drug charges for operating a medical marijuana dispensary, which raked in $6 million to $9 million in less than two years.

Luke Scarmazzo and Ricardo Ruiz Montes, both 27, immediately were taken into custody.

Both men were convicted of manufacturing marijuana and distributing the drug, as well as operating a continuing criminal enterprise, a felony that carries a mandatory 20-year minimum prison term, with the possibility of life behind bars.

In September 2006, federal authorities raided the California Healthcare Collective in Modesto after a long investigation that included undercover drug buys.

Scarmazzo and Montes said they never intended to break the law. The business, their attorneys said, was “aboveboard,” obtaining a business license, paying taxes and making sure patients had doctors’ notes before purchases.

“Everything the defendants did was legal under state law,” [Scarmazzo’s attorney] said after the verdict. But neither he nor [Montes’ attorney] were able to use state law as a defense because under federal law, marijuana is illegal.

A key part of the trial was a hip-hop video that featured Scarmazzo uttering the line “(expletive) the feds.”

Scarmazzo, a musician and aspiring hip-hop artist, took the stand to explain, saying it was his way of showing that the federal government “is turning a blind eye” to medical marijuana, which he said could help people.

The video was perhaps the most sensational part of the trial, and there were suggestions from [Scarmazzo’s attorney] that Scarmazzo was on trial only because he dared to challenge the federal government’s authority.

Jurors deliberated for two days before delivering their verdict.

One juror, Craig Will of Tuolumne County, said after the verdict that he expected the two men to get probation or a few months in prison.

“I’m really appalled to discover that there’s a 20-year mandatory minimum on the continuing criminal enterprise charge,” he said.

Dispensary owners in California are forbidden from even saying the words “medical” and “marijuana” in the same paragraph when they go on trial in federal court.  The juror listed in this case isn’t the first to be appalled at the mandatory sentences that people can receive for operating legally under state law.; most jurors, once they are told the case involves medical marijuana, are usually distraught that they were forced to render a verdict without knowing the entire story.

This further underscores why we need your help to pass Ron Paul’s HR5842 to end the DEA raids in California and the other eleven medical marijuana states, and why we need to elect a president in November who promises to end these raids.

Hazy screens: Is Hollywood pushing marijuana?

Friday, May 16th, 2008

Hazy screens: Is Hollywood pushing marijuana? | csmonitor.com
Call it cinema’s stoned age. Films featuring characters using marijuana have mushroomed.

“Harold and Kumar Escape from Guantanamo Bay,” the second movie to feature the titular pot-smoking characters, grossed nearly $15 million on its opening weekend, which might portend a big opening for August’s “Pineapple Express,” a Judd Apatow-produced comedy about a pot smoker and his supplier on the run. Also rolling out: “The Wackness,” with Ben Kingsley as a bong-using psychiatrist; “Humboldt County,” in which a medical student spends a summer in a marijuana-farming town; and “Super High Me,” with comedian Doug Benson using the drug for 30 days.

Tom Hedrick, spokesperson for Partnership for a Drug Free America, says he worries that the uptick in such depictions makes the behavior appear too normal, creating bad role models.

But a spike in cannabis use on-screen doesn’t appear to mirror any social trend. If government statistics – which rely on self-reporting – and other surveys are accurate, marijuana use has declined modestly in recent years, especially among teens.

Legalization advocates argue that signs of societal tolerance, including decriminalization of possession of small amounts of marijuana, hint that casual pot use is widespread – something filmmakers are increasingly less afraid to portray.

But antidrug campaigners say it’s time for Hollywood to tighten up.

“Is this the beginning of a major new reflection and glamorization in popular culture?” asks Hedrick. “I think it’s too early to tell, but it worries us because it tends to portend, potentially, a return to attitudes that lead to more kids trying, and more kids using.”

I don’t think movies lately have glamorized cannabis use, I think they have merely reflected cannabis use that already exists in the popular culture.  Nearly all the recent cannabis use in movies is shown either with stigma attached or as a detriment to the user’s life.  Think of Dave Chappelle in “Half Baked” being forced to give up weed to get the girl, for example.

Some Detainees Are Drugged For Deportation

Friday, May 16th, 2008

Careless Detention | Some Detainees Are Drugged For Deportation (washingtonpost.com)
The U.S. government has injected hundreds of foreigners it has deported with dangerous psychotropic drugs against their will to keep them sedated during the trip back to their home country, according to medical records, internal documents and interviews with people who have been drugged.

The government’s forced use of antipsychotic drugs, in people who have no history of mental illness, includes dozens of cases in which the “pre-flight cocktail,” as a document calls it, had such a potent effect that federal guards needed a wheelchair to move the slumped deportee onto an airplane.

Such episodes are among more than 250 cases The Washington Post has identified in which the government has, without medical reason, given drugs meant to treat serious psychiatric disorders to people it has shipped out of the United States since 2003 — the year the Bush administration handed the job of deportation to the Department of Homeland Security’s new Immigration and Customs Enforcement agency, known as ICE.

Involuntary chemical restraint of detainees, unless there is a medical justification, is a violation of some international human rights codes. The practice is banned by several countries where, confidential documents make clear, U.S. escorts have been unable to inject deportees with extra doses of drugs during layovers en route to faraway places.

Federal officials have seldom acknowledged publicly that they sedate people for deportation. The few times officials have spoken of the practice, they have understated it, portraying sedation as rare and “an act of last resort.” Neither is true, records and interviews indicate.

Records show that the government has routinely ignored its own rules, which allow deportees to be sedated only if they have a mental illness requiring the drugs, or if they are so aggressive that they imperil themselves or people around them.

One of the drugs used in these cases was Haldol. 38 detainees were given 10-29 milligrams, 4 were given 30-39 milligrams, and 2 were given 40 milligrams of this very potent drug, used to treat schizophrenia, psychosis, persistent aggressiveness, Tourette’s syndrome, or manic disorder.  It produces a “zombie-like” effect in non-psychotic people.  It has the usual side effects of dizziness, drowsiness, difficulty urinating, trouble sleeping, headache, anxiety and pain at the injection site. May cause muscle spasms or stiffness, tremors, restlessness, masklike facial expression, and drooling.  The recommended daily doses for aggressive behavior are 0.5 milligrams twice a day to 5 milligrams three times a day, although doses of up to 10 milligrams a day may be used in a hospital emergency room.

The government gave 44 detainees well over 10 milligrams of this dangerous drug.  Keep in mind this is the same government that tells you marijuana has no medical value and is extremely dangerous, so much so that even your doctor can’t prescribe it to you.

Kevin Booth’s short film on the SDSU Drug Bust

Friday, May 16th, 2008

Kevin Booth, our guest today on the Stash later this afternoon, is the writer/director of the fantastic documentary, “American Drug War: The Last White Hope” which is airing on Showtime and available through Amazon and in stores on DVD May 27th. Kevin has also posted this excellent video on the recent drug bust of dozens of students at San Diego State University.

Rhode Island Senate passes marijuana compassion center bill

Friday, May 16th, 2008

R.I. Senate passes marijuana bill - News - Turnto10
PROVIDENCE — Rhode Island’s Senate has approved a bill permitting up to three nonprofit stores to sell marijuana to chronically ill patients registered with the state.

A spokesman for Senate President Joseph Montalbano said the proposal passed Thursday 29-6. It now heads to House lawmakers.

Sen. Rhoda Perry, the bill’s sponsor, has said the proposal fixes a loophole in Rhode Island’s Medical Marijuana Program.

State lawmakers voted in 2006 to allow chronically ill patients and their caregivers to possess small amounts of marijuana for pain relief. But they never made clear how patients were supposed to buy the drug. It remains illegal under federal law.

More than 700 patients and caregivers are enrolled in the state’s Medical Marijuana Program.

This is a huge victory.  A 29-6 vote means the measure has a veto-proof majority.  Rhode Island’s governor Carcieri vetoed the medical marijuana bill, which was overturned by the legislature, and I imagine he’ll be quick to veto this measure if it should make it to his desk.

Now the companion bill, H7888, needs to be passed by the 75-member General Assembly.  45 votes would provide the veto-proof majority we need to get past Governor Carcieri and create the first medical marijuana compassion centers on the East Coast.

Another fantastic development is a new letter sent out to all its members by the Rhode Island Medical Society endorsing medical marijuana.  Rhode Island Patient Advocacy Coalition’s Jesse Stout also writes in to tell us,

As I write, Dr. Donald Abrams is presenting RIPAC’s 2nd annual Continuing Medical Education (CME) seminar on medical marijuana accredited by Rhode Island Hospital.  Among the physicians in attendance are leaders of Rhode Island’s medical community.  Earlier today, Senator Rhoda Perry, sponsor of S2693, introduced Dr. Abrams as a “visiting dignitary” to recognize him on the floor of the RI Senate.

Educating physicians about medical marijuana is so important.  Medical schools aren’t going to be telling them much about cannabis and much of what they do hear is medically inaccurate.

Hawaii: Legislature Approves Medical Marijuana Task Force Measure - NORML

Friday, May 16th, 2008

Hawaii: Legislature Approves Medical Marijuana Task Force Measure - NORML
Honolulu, HI: The Hawaii legislature has approved legislation to establish the formation of an eleven-member task force to investigate options for providing legal cannabis for Hawaii’s state-qualified medical cannabis patients. The bill now awaits action from Gov. Linda Lingle (R).

An estimated 3,000 Hawaiians are registered to use medical cannabis under state law.

As approved by the legislature, House Bill 2675 calls on the task force to make recommendations regarding “the feasibility of developing safe growing facilities … for qualified patients with written certification to grow medical marijuana for their medical use.” The task force is also mandated to review statewide guidelines authorizing the amount of medical cannabis patients may legally use and possess under state law.

The task force must submit its recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the 2009 regular session.

Good news for our friends out on the islands, to be sure, but sometimes the pace of positive drug law reform seems so slow, doesn’t it? They aren’t moving to get medicine to patients, they’re moving to talk about how they might get medicine to patients.

Full Story

Upgrade difficulties

Thursday, May 15th, 2008

The latest upgrade to WordPress 2.5.1 has wiped out my style sheets.  So that’s why the Stash site looks funny today.  I’m working hard on getting it fixed, please be patient. — “R”R

Stash for Tue, May 13, 2008

Tuesday, May 13th, 2008

Download the NORML Daily Audio Stash for 2008-05-13

It’s Tuesday, May 13th and it’s 4:20 somewhere in the world. I’m your host, “Radical” Russ Belville.

We here at NORML would like to remind you to get involved in the cannabis civil rights movement and join us here at NORML – you can learn everything you need to know at NORML.org. Make a donation, write a letter, attend a march – it all starts with you. Call your Congress at 202-224-3121 – they’ll ask your zip code and put you in touch with your elected officials. Tell them to support HR5842 and HR5843 to end DEA raids in medical marijuana states and legalize personal possession of pot. It still is a government of We the People, but you have to step up and do your part.

Tuesday is Government at Work day on the podcast, and coming up after the news, we’re going to speak with Dan Linn of Illinois NORML. A medical marijuana bill in the Illinois legislature has recently been amended to address the concerns of law enforcement and Dan joins us to break down the latest changes.

After that Cannabis Karri brings us Rocker-T from Oakland, CA. His song “Tru Ganjaman” is an excellent hybrid of dancehall and reggae that will get your toes tapping and feet moving. Irie!

We’ll wrap up today with the latest scary report about how heavy marijuana use could lead to an increased risk of stroke and heart attack. Bruce Mirken from Marijuana Policy Project joins us to rebut the findings and to ask one simple question: “Where are the bodies?”

There’s plenty to talk about, so sit back and relax with your favorite strain – this is your NORML Daily Audio Stash.

Music: Chief Greenbud - “The Legalization Song”

Friday, May 9th, 2008

ChiefGreenbudHappy Friday, Stashers! I was so proud to be standing next to some of my fellow cannabis warriors in the Global Marijuana March last weekend. In the beautiful city of Portland, Oregon, we got to enjoy music from today’s artist, CHIEF GREENBUD. He entertained the crowd with his music and personality. A talented country and folk artist, he is the whole package, a one man guitar band with a message and a mission.  Today’s track, “The Legalization Song” is a poignant anthem with a simple question, “What do we do about legalization?” A comedian at heart, Chief Greenbud calls Nashville, Tennessee home but travels freely between festivals, events, biker rallies and fairs leaving behind smiles and friends. We owe a lot to the comedians who push acceptance of cannabis culture into mainstream society using laughter as their weapon of choice. Hail to the Chief! You can visit Chief Greenbud’s myspace page to hear more of his music and buy his CD (it’s sooo good). Add the Chief as a friend, he is a friendly guy and he LOVES to have new friends.

Stash for Thu, May 8, 2008

Thursday, May 8th, 2008

Download the NORML Daily Audio Stash for 2008-05-08

It’s Thursday, May 8th and it’s 4:20 somewhere in the world. I’m your host, “Radical” Russ Belville and this is your NORML Daily Audio Stash.

Don’t forget to get on the phone and call your Congress at 202-224-3121. Tell your representative to support Ron Paul’s HR5842, the bill to end DEA raids in medical marijuana states, and Barney Frank’s HR5843, the bill to end federal penalties for personal possession of marijuana. It’s real simple, just call 202-224-3121 and tell them your zip code. That’s it! You’re an activist! They’ll connect you to your representative’s office as simple as that. While you’re at it, why not call your senators at 202-224-3121 and tell them to introduce similar cannabis reform legislation. There are 25 million annual pot smokers in America – that’s one hell of a voting bloc!

Today on the Daily Audio Stash we’ve got a very special interview with Douglas Hiatt. Douglas is a criminal defense attorney in Seattle who defended Tim Garon, the man who was sentenced to death when removed from a hospital’s liver transplant list because of his legal use of medical marijuana.

Cannabis Karri is back with some jam band music from the Pacific Northwest. This time we’ve got Random Orbits and their song, “Blow Back”.

Then we’ll speak with Adam Wolf, a staff attorney with the American Civil Liberties Union’s Drug Law Reform Project. We’re discussing student drug testing in the wake of the release of the new ACLU paper, “Making Sense of Student Drug Testing: Why Educators Are Saying No”.

We’ve got a lot to cover, so sit back and relax with Bong Sung Blue and your favorite strain and enjoy your NORML Daily Audio Stash…

Resin Art by Forest Ray

Tuesday, May 6th, 2008

You know that the cannabis community is by-and-large a pretty creative group of people. None more so than a local artist whose works I’ve been lucky to get a hold of, Forest Ray. Each one of these prints is handmade with cannabis resin cleaned out from pipes, composed on all-hemp paper. (These scans are from shrink-wrapped prints, so you’ll see the reflections of the wrap. Trust me, these are amazing.)

If anyone is interested in a piece, send me an email at stash ‘at’ norml.org. The artist wants to make these prints available to the cannabis community first before putting these up on eBay.


Delta-9 Tetrahydrocannabinol

Mother Ganja

Big Rig

Lamppost

The Trees

Construction

Stash for Wed, Apr 30, 2008

Wednesday, April 30th, 2008

Download the NORML Daily Audio Stash for 2008-04-30

It’s Wednesday, April 30th and it’s 4:20 somewhere in the world. I’m your host, “Radical” Russ Belville.

Don’t forget to call your Congress and tell them to support HR5842 & HR5843 to end DEA raids in medical marijuana states and to legalize personal possession of marijuana. The number is 202-224-3121.

If you have a product that you would like to market to the cannabis community, you can advertise on the Daily Audio Stash. Your ad will be focused on exactly the customer base you’re seeking out; the thousands of responsible cannabis consumers who download and listen to this show. Our listeners are educated consumers who want to support the businesses that support the growing truth about cannabis, and we deliver the advertising freedom you won’t find on radio, TV, or print ads. To advertise on the Daily Audio Stash, send us an email at stash @ norml.org.

Wednesday is Cannabis Science day on the Stash, and coming up after the news, we’re separating the stems of propaganda from the buds of truth with Dr. Mitch Earleywine. Today Dr. Mitch and I discuss your responses to the story of German weed contaminated with lead and we take another look at Prime Minister Gordon Brown’s reefer madness in the UK.

Cannabis Karri brings us our musical break this hempday humpday with a return appearance by Sly Joe and the Smooth Operators. Today we’ll hear their cover of the classic Bob Marley tune, “Mellow Mood”.

And of course, we’re all getting ready this weekend for the opening event of the summer cannabis festival season with this Saturday’s Global Marijuana March, taking place in over 200 cities worldwide. Yesterday we spoke with Madeline Martinez who is organizing Portland, Oregon’s version of the March, and today I’m giving you a replay two-fer with Cameron Rose in Boise, Idaho, and Brad Ernst in Austin, Texas. I also want to encourage all listeners who attend the March to send me your photos, videos, and audio for next week and I’ll post them to the blog and play them on the Stash. Just send them to stash @ norml.org.

So welcome to the show, grab your best glass and sit back with your favorite strain… This is your NORML Daily Audio Stash.

No Music Stash this weekend

Sunday, April 27th, 2008

Sorry, gang, but I’ve just added a new PC to the studio and I’m in the midst of transferring files, installing software, and troubleshooting hardware here at NORML West Coast Media HQ.  We’ll be up and running to bring you your regular Daily Audio Stash come Monday. –”R”R

Criticism of “Stoners in the Mist” spreads

Tuesday, April 22nd, 2008

Check out the review in The Retriever Weekly,  the campus paper for the University of Maryland.  They too think it is a waste of taxpayer dollars to produce such drivel as “Stoners in the Mist”.

4/20 Round-Up: ‘420’ gathering brings more than a thousand to Redwood Park

Monday, April 21st, 2008

‘420’ gathering brings more than a thousand to Redwood Park | The Eureka Reporter
Consuming comestibles from ganja ice cream to hash lollipops — or even hash itself — more than 1,000 people gathered at Redwood Park on Sunday to celebrate “420” — a reference commonly used when referring to marijuana culture.

Along with the sizable crowd, 10 police officers were visible patrolling the scene.

It was something to see, with loud, persistent bongo music louder and camp tents set up alongside beach blankets.

Right around 4:20 p.m., a section of the crowd began to go wild.

A cloud of smoke rose above the heads of a small group, as its members began to smoke a joint that was at least a foot long and as wide as a hearty burrito.

Late Stash today

Thursday, April 17th, 2008

I had to spend time speaking with a Minnesota State Senator this afternoon, and the interview schedule for today was monstrous. So the Stash will be a little bit late today - should be online by 6pm 7pm? Eastern.

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    • 05-16 NORML News PodCast - May 16, 2008
      Pot’s Effects On Driving Performance Contrast Alcohol’s, Study Says; Survey: One In Seven Public School Districts Drug Test Students; Hawaii: Legislature Approves Medical Marijuana Task Force Measure; Dale Geiringer on CA bills; Jesse Stout on RI bill.
    • 05-09 NORML News PodCast - May 9, 2008
      UK Parliament to vote on stiffer pot penalties; Inhaled cannabis reduces neuropathic pain; Keith Stroup goes to trial Monday, will argue constitutionality of Mass. pot laws; interview with Douglas Hiatt, attorney for Tim Garon.
    • 05-02 NORML News PodCast - May 2, 2008
      Hepatitis C Patient Denied Transplant Based on State and Doctor Approved Medi-Pot Use; New Study Indicates Cannabis-Associated Psychosis Risk Is Minimal; More Than 230 Cities, 35 Countries To Hold Marijuana Rallies This Weekend
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