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Hemp Headlines

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1. Ohio Medical Marijuana Act gathering signatures for ballot initiative
2. Eddy Lepp’s appeal denied, he must serve his full ten year sentence
3. Former NBA star Samaki Walker arrested while trying to eat his marijuana
4. Florida judge rules a 2002 state drug law unconstitutional

Daily Toker Tunes

Brought to you by CannaBob and The Viper Hour on The NORML Network

• Roots Monday: Tom Paxton – “Talking Vietnam Potluck Blues”

This Month in NORML with Executive Director Allen St. Pierre

• DC, NJ, and DE medical marijuana updates
• A NORML Life documentary movie
• NORML at Seattle Hempfest

Radical Rant

• If you want to call me a liar, consider doing so in person

Let’s see to it that the world hears Eddy’s story! Create an account and “vote up” this video so that it will appear on the international cable channel Current TV.

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Download audio file (NORML_Daily_AudioStash_2009-07-09.mp3)

Hemp Headlines

1. Conservatives for Legalization
2. Idaho law: driving under the influence of marijuana isn’t illegal!
3. Willamette Week’s cover story on legalization
4. Eddy Lepp & Charles Lynch: Federal Felons or Freedom Fighters?

Southern California Scene with Tere Joyce

• Lanny Swerdlow, San Bernadino activist (see http://marijuananews.org and listen on http://kcaaradio.com Mondays at 6pm.)

Daily Toker Tunes by Marijuana Music Awards . com

• 2009 AMMA Best Blues Song – ‘Seems Like the Blues’ by Various Lazy

Cannabis Conversations

• Bruce Mirken from Marijuana Policy Project with breaking news on their new ad in California.

Charles Lynch and Eddy Lepp pose near the road to prison (from FriendsofCCL.com)

Sometimes I feel like I’m suffering from outrage fatigue.  Day after day after day, I interview the Charles Lynches, Eddy Lepps, Corina Amatos, Eugene Davidoviches, the decent, beautiful, and courageous fellow citizens, brothers and sisters of this movement who are the front-line casualties of this war on marijuana.  To a person, each one I’ve talked to, and met in person like Eddy, are the kind of people you’d want babysitting your kids, inviting you to a neighborhood BBQ, or smoking a bowl with (and have.)

This picture just made me cry.  There’s Charles, on the left, yet to go to prison, standing with Eddy, right, on his way to serving 10 years in prison as a man in his later 50s.  All for being gardeners.

And yet there is that mischievous smile on Eddy’s face and determined look on Charles’ that give me hope.

We don’t face the lynchings that African-Americans faced.  We don’t face the bashings that gay and lesbian Americans face.  Our oppression is more sanitary, codified into laws that don’t directly consider us 3/5ths human or “sodomites“, but indirectly demean and imprison a set of American free-thinkers who dare to challenge the orthodoxy of synthesizing nature into a nice little pill so middlemen can get rich.  People who make the sensible and rational decision to forgo SSRIs, NSAIDs, opiates, and alcohol in favor of the safest therapeutically active substance known to man are dangerous to the ruling elite, not for their actions caused by marijuana, but for the action of thinking outside the box.

The war on marijuana is not about the eradication of a plant species, it’s about the eradication of those who question authority.

Please visit the Friends of Charles Lynch blog and Eddy Lepp’s page and show your support, both in comments and in dollars.  We R.E.M.F.’s* in the drug war need to be sure our front line soldiers are cared for.

*Ask a vet.

Have a happy and solemn Memorial Day Weekend and remember the soldiers, sailors, airmen, Marines, and Coast Guardsmen who gave their lives to protect our rights to free speech, free association, and to petition our government for a redress of grievances.  Please also remember the Drug War POWs, our brothers and sisters locked away for refusing to accept the government’s claim to sovereignty over our minds, bodies and nature’s plants.

Call President Obama at 202-456-1111 and demand a commutation or a pardon for Eddy Lepp!

The comments section on this post is reserved for your thoughts and support of Drug War POWs.  If you have a friend or relative serving time who’d appreciate words of encouragement from the Stash, feel free to post their mailing address here, and Stashers, send them a letter or a postcard.  They need contact with the outside world and to know that we’re fighting for them and for the day when we can all share a joint in freedom and remembrance the next Memorial Day Weekend!

Download audio file (NORML_Daily_AudioStash_2009-05-18.mp3)

Hemp Headlines

1. Supreme Court affirms that state medical marijuana laws do not preempt federal drug ban
2. President Obama: Free Eddy Lepp
3. New York Times: Paying With Our Sins
4. Pennsylvania moves forward with medical marijuana, local officials repeat tired old reefer madness claims

Pot and Politics

• Dale Gieringer of California NORML on Supreme Court and Eddy Lepp stories.

Daily Toker Tunes by Marijuana Music Awards

• 2009 GMMA Best Country – ‘Farmer’s Prayer’ by Indus Guys

Better Know a Chapter

• Melissa Posecznick from Tennessee NORML (Google Groups) on coming out of the cannabis closet as a new chapter board member.

SAN FRANCISCO — A federal judge in San Francisco Monday sentenced a Lake County man to 10 years in prison for growing more than 1,000 marijuana plants, saying the marijuana activist appeared to “want to be a martyr for the cause.”

The sentence for Charles “Eddy” Lepp, 56, was the mandatory minimum under federal law for growing more than 1,000 plants.

U.S. District Judge Marilyn Patel said Lepp didn’t qualify for a so-called “safety valve” exception with a lesser sentence because he testified at his trial last fall that he was a proud leader of others who grew marijuana on his land.

Patel told Lepp, “I think Mr. Lepp is very proud of what he’s been doing. The problem is that now unfortunately, Mr. Lepp, it’s caught up with you.”

“Maybe you want to be martyr for the cause,” Patel said. “That will be your lot.”

The U.S. law doesn’t allow the safety-valve exception for people who are leaders of drug crimes.

Patel said she thought the length of the sentence was excessive, but said it would be up to Congress to change the law.

I’ve been working in marijuana law reform now for four years.  Eddy Lepp is the first activist I’ve known personally to become a prisoner of drug war.  I last spoke with Eddy last September at our Portland Hempstalk:

Click here to view the embedded video.

To know that this gentle man is going to prison for a decade at age 56 makes me physically ill.  This religious man who so bravely helped so many sick and dying and sense-threatened Californians find relief through the medicine grown on his land is going to spend more time in prison than the average rapist, manslaughterer, and child molester because our country has not yet overcome its prudish impulse to punish people for moral reasons.

President Obama, you can commute his sentence.  With the stroke of a pen, you can see that Rev. Eddy Lepp receives no more punishment for being convicted of growing plants for sick people than Scooter Libby received for felony convictions of obstruction of justice, perjury (twice), and providing false statements to federal investigators.  Eddy Lepp’s felony conviction will still stand, but we will save the taxpayers the unnecessary burden of feeding, clothing, and housing a man who is no threat to society.

Or you could do the truly just thing, Mr. President, and pardon Eddy Lepp, removing all prison punishment and the felony convictions, seeing as Eddy Lepp was forbidden from entering any real sort of defense to the charges, since federal courts do not allow testimony regarding California’s medical use law.

I just cannot stomach the notion that people that ordered torture are getting away with it, people that greedily sacked Wall Street are getting away with it, and the guy that ordered 9/11 has gotten away with it, but one middle-aged Rastafarian minister who grows medical marijuana must be punished according to strict adherence to the “rule of law”.  President Obama: FREE EDDY LEPP!

Call President Obama at 202-456-1111 and tell him to FREE EDDY LEPP!

“You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: “How can you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.”

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.”

Dr. Martin Luther King Jr.
Letter from a Birmingham Jail
April 16, 1963

Today our nation honors what would’ve been this week the eightieth birthday of the Reverend Martin Luther King Jr., on the eve of the inauguration of Barack Hussein Obama as the 44th president of these United States.  I was sixty-four days old when an assassin’s bullet cut down Dr. King in the prime of his life.  Today I am six-hundred forty days older than Dr. King when he was killed.  Tomorrow I will see something few people my age and older thought we’d ever see, yet something Dr. King had dreamed from the start.

There remains a grave injustice to be battled, the most unjust of laws to be disobeyed, a law that by its definition is not rooted in eternal law and natural law: the man made code that declares nature itself to be illegal, the prohibition on cannabis.  Yet when I mention marijuana law reform in the context of the great civil rights struggles in America, so many are quick to dismiss me with snickers of derision.  ”You just want pot legal so you can get high!” is a common refrain.

Marijuana law reform is a civil rights struggle.  I will not attempt to equate this struggle to those of minorities, women, or gays and lesbians; however, there are some parallels among our fight and theirs and, indeed, some threads of drug law injustice are woven directly into the struggles of these groups.  The prohibition of drugs was one of the tools of oppression – the “Negroes” for their cocaine, the “Chinamen” for their opium, and the Mexicans for their marihuana.  It remains so today – while people use drugs at about the same rate regardless of race, African-Americans and Hispanics are disproportionately arrested, convicted, and serve longer sentences for drug use than white people.

Aside from the racist nature of the origins and applications, cannabis prohibition itself is an unjust law.  First consider that it isn’t merely against the law to possess, cultivate, traffic, buy, and consume marijuana – it is against the law to be marijuana.  Federal and state law enforcement spend millions of dollars and thousands of hours flying helicopters attempting to spot cannabis growing out in the wild.  Ninety-eight percent of what is seized is known as “feral hemp”, which is wild ditchweed with unsmokably-low levels of THC.  Officials rip up and destroy every plant they see whether it is owned or tended by any human, whether or not it could possibly intoxicate any human.   Logically, then, the ultimate goal of marijuana prohibition is not to simply stop humans from using it for intoxication, but to eradicate the species cannabis sativa L. from the earth!

Think of that: our official policy is the extinction of a species of life.  Certainly that’s not entirely new.  We’re dedicated to the extinction of all manner of microscopic life, after all, but that is a justifiable policy for self-preservation – we kill bugs that kill us.  I cannot think of another plant or animal we treat like cannabis.  Deadly plants like nightshade and belladonna are legal, annoying plants like poison ivy and poison oak are legal, even intoxicating plants like coca and poppy are legal when cultivated for prescription medications.  But the cannabis plant, the plant that cannot kill you is completely illegal*.  The plant that can provide the food, clothing, shelter, and medicine humans need to survive is illegal.  Nature itself is illegal.  How much more contrary to eternal law and natural law could this unjust prohibition law be?

The fight against cannabis prohibition, against this unjust law, is a civil rights fight.  This declaration will offend some people who will point to four centuries of slavery and Jim Crow, to lynchings and cross burnings, and to beatings and firehoses and condemn my declaration as making light of the plight of those who were truly oppressed.  I do not make light of those struggles, but I also recognize that civil rights are not a zero sum game and the degree and manner in which one is being oppressed are not what make the fight against oppression a just one.  Dr. King dreamed of a day when children would be judged by not by the color of their skin but the content of their character; I dream of a day when workers are judged not by the metabolites in their urine but the quality of their work.

Later in King’s Letter from a Birmingham Jail, he writes:

Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal. …

I hope you are able to see the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. …

The unjust law of marijuana prohibition is difference made legal.  The majority compels our minority to forgo our intoxicant, but does not bind itself to forgo their intoxicant.  The majority compels our minority forgo our medicine, but does not bind itself to forgo their medicine.  The majority compels our minority to forgo their religious sacrament, but does not bind itself to forgo their religious sacrament.  The majority compels our minority to forgo our source of food, fuel, and fiber, but does not bind itself to forgo their sources.

The majority may argue that they do not prohibit intoxication, medication, religious sacrament, or food, fuel, and fiber cultivation, so long as it doesn’t involve marijuana.  This to me sounds like the argument against same-sex marriage rights, that gays and lesbians are just as free to marry someone of the opposite sex as everybody else.  If we are given a right, but then proscribed from exercising that right in the manner that benefits us without a valid reason from the majority, it is not really a right.  When intoxication, medication, and sacrament are legal rights, but we are proscribed from using a demonstrably safer intoxicant, medicine, and sacrament, that is difference made legal.

No, we do not face the firehoses and the dogs and the lynchings, nor do we suffer in as great of numbers as did the African Americans Dr. King so graciously led in the years before my birth.  Our oppression is more subtle and codified into laws that restrict our housing, employment, and educational opportunities.  We do not tremble in fear of the midnight ride of white-robed vigilante Klansmen; our terror comes in the form of midnight no-knock raids of body-armored SWAT teams.

Like the civil rights struggles of the past, we work to change laws that oppress people, laws that enjoy support from the majority and are rationalized by tradition, religion, and junk science.  Unlike the civil rights struggles of the past, our constituency is an invisible group defined by lifestyle, not genetics.  That choice to use cannabis should not disqualify our fight to be treated as equals under the law.  After all, the choice to worship the God of your understanding is not genetic, it is a lifestyle choice as well, and our law recognizes that one cannot be discriminated against for that choice.  In fact, it is a bit ironic that one’s choice of God, a belief that cannot be proven by science to beneficial, is a protected right, yet one’s choice of cannabis, a plant that can be proven by science to be beneficial, is a federal crime.

The freedom to worship, of course, is an explicit right recognized by our First Amendment, but its foundation is in the inalienable rights given to us by our Creator, among them being Life, Liberty, and The Pursuit of Happiness.  If that last one – the Pursuit of Happiness – doesn’t give me the right to smoke a joint so long as I don’t affect anyone else’s Life and Liberty, then the Constitution isn’t worth the hemp paper on which it was drafted.

Also from King’s Letter from a Birmingham Jail, he writes:

We should never forget that everything Adolf Hitler did in Germany was “legal” and everything the Hungarian freedom fighters did in Hungary was “illegal.” It was “illegal” to aid and comfort a Jew in Hitler’s Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country’s antireligious laws.

Today’s freedom fighters are the people like Eddy Lepp and Charles Lynch, providing aid and comfort to the sick and dying by growing and supplying them with medicine, only to face the rest of their natural lives behind bars because what they did was “illegal”.

Today’s “whites-only” establishments are the “drug-free” workplaces keep cannabis users confined to low-paying part-time or temp service jobs, while the rest of the workers are allowed all the alcohol, nicotine, and prescription medications they desire.

Today’s lynchings are the Rachel Hoffmans and Jonathan Magbies who are murdered by police negligence, solely over their use of cannabis.  Today’s institutionalized discrimination is the over 20 million in my lifetime whose lives are marked with the scarlet letter of a drug conviction, affecting their child custody, government assistance, college financial aid, employment opportunities, professional licenses, voting rights, and liberty.

The prohibition of cannabis ultimately degrades human personality and is against moral law.  It is an unjust law that cannot stand, and we have a moral responsibility to disobey it.  In doing so, we express the highest respect for the law.  On this day when we recognize the greatness of Dr. Martin Luther King’s Dream, and on tomorrow, when we see part of that dream fulfilled, remember that we don’t fight to “make pot legal so you can get high”; we fight because the Pursuit of Happiness is our right and caging us for our method of pursuit is unjust.

Smoking pot is our civil right!

Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear drenched communities, and in some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.

Yours for the cause of Peace and Brotherhood,
Martin Luther King, Jr.

* I recognize that marijuana is legally grown at ElSohly’s lab at the University of Mississippi.  But consider that marijuana’s two purposes – to supply five people grandfathered in to the IND program and to provide marijuana for studies to prove how awful marijuana is to justify its prohibition.  In this metaphor it would be akin to saving a few vials of polio virus so you could use them to make vaccines.

Download audio file (NORML_Daily_AudioStash_2008-09-24.mp3)

Today’s Stash features Dr. Mitch and I discussing the societal trends in drug testing, both at work and at school, plus speeches recorded at the Portland Hempstalk from medical marijuana expert Chris Conrad and medical marijuana grower Eddy Lepp.

Download audio file (NORML_Daily_AudioStash_2008-09-10.mp3)

Sheesh, I barely made it!  A Wednesday post with just minutes left in Wednesday out here on the West Coast.  I tells ya, I’s a busy media producer these days, and on top of that I had an urgent database project to complete for the Oregon Cannabis Tax Act (OCTA2010.org).

Somebody call me a wahhhmbulance.

In today’s Audio Stash we examine some more Cannabis Science as Dr. Mitch Earleywine and I review the Italian study showing cannabinoids to be promising new anti-biotic agents to fight drug-resistant superbugs.  (I knew there was a reason I rarely get colds or flu!  Between the THC and the Triple Habanero Pizza, no germ dare live in me!)

Then I’ve got exclusive audio from last weekend’s Portland Hempstalk with NORML Founder Keith Stroup’s keynote address.  It was such a thrill to have “Papa NORML” fly across the continent just to join us at my hometown hempfest.  Don’t let him con you about my lack of driving and navigating skills in my Hyundai trying to find a restaurant to meet Madeline Martinez for dinner… I was just being a gracious host by trying to show Mr. Stroup as many Portland side-streets as possible.

You should also check out last Friday’s episode of Cannabis Common Sense with John Trudell, Keith Stroup, Vivian McPeak, Bill Drake, Jack Herer, Eddy Lepp, Tim Pate and Madeline Martinez, hosted by Paul Stanford.  It was like a Mt. Rushmore of my heroes on TV!

Click here to view the embedded video.