60 years for marijuana - is that justice?

The US Supreme Court declined to hear an appeal from a convicted Mississippi marijuana dealer on Tuesday. Lorenzo Tarver was sentenced in 2006 for possession of marijuana with intent to distribute.

See more here:
Mississippi Man’s 60 Year Sentence for a Cannabis Crime Will Not Be Heard by the US Supreme Court

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Hemp Headlines

1. Mississippi man’s 60-year prison sentence will not be reviewed by the Supreme Court
2. Arizona League of Cities warning towns to get zoning in place for medical marijuana
3. Baby Boomers now reuniting with parents to help them with medical marijuana

Daily Toker Tunes

Brought to you by Grateful Dread Public Radio at http://gdreadradio.net, a 24-hour community service Internet radio station proud to carry NORML SHOW LIVE

• Irie Wednesday: Mama Marjas – “Ganja”

Cannabis Science with Dr. Mitch Earleywine

Radical Rant

• The Oregonian goes reefer mad over the possibility of regulated dispensaries in Oregon if Measure 74 passes

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Hemp Headlines

1. Irv Rosenfeld: World Record Joint Smoker
2. Could marijuana advertising save Denver papers?
3. Mississippi teacher faces 30 years, $1 million fine, for growing marijuana

Daily Toker Tunes

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• Rockin’ Friday: Sean Hayes – “Smoking Signals”

Cannabis Conversations

• Dr. Carl Hart, Dr. Wendy Chapkis, Philippe Lucas, and Paul Armentano (among others) discussing medical marijuana’s future at the DPA Reform Conference in Albuquerque.

JACKSON COUNTY, Miss. (FOX 10 TV) – A Mississippi high school teacher is behind bars and facing fines up to $1 million, all for growing marijuana at his St. Martin home.

Narcotics officers from two agencies searched the home of 51-year-old Patrick Charles Walker on Wednesday, November 15. Walker is a teacher at St. Martin High School.

During the search, agents found marijuana plants growing inside and outside Walker’s home. They also seized marijuana that had been recently harvested, as well as stuff to grow marijuana, like fertilizers, nutrients, fans, and Ultraviolet grow lights.

If convicted, Walker faces a fine up to $1 million and up to 30 years in the state penitentiary.

In other news from Mississippi high schools:

Desoto County, Ms (My FOX Memphis) – A substitute teacher is behind bars after Desoto County Sheriff’s deputies arrested him Monday, for allegedly having sex with multiple underage students.

23-year old Joey Johnson of Horn Lake, Mississippi is charged with multiple counts of sexual battery. Johnson is alleged to have had sex with at least two 16 year old students while working as a substitute teacher at Lake Cormorant High School near Walls, Mississippi.

Johnson isn’t the only Mississippi teacher facing charges. Last week, 22-year old Tyler Bigham, a music teacher at Desoto Central High School was arrested and charged with sexual battery for allegedly having sex with a 17-year old student at a park.

(Smoking Gun) A Mississippi teacher admitted to cops that she had sex with a 15-year-old male student to whom she sent explicit text messages and trysted with in her Jaguar, which bore the license plate “GRRRRR.” Those are just some of the sleazy details in a Biloxi Police Department report detailing Rebecca Dawn Bogard’s alleged sexual assault of the boy, who the 27-year-old educator taught at the Biloxi Alternative School.  Bogard… is facing felony sexual battery charges. She has been suspended with pay and is free on $50,000 bail.

LONG BEACH, MS. (WLOX) – A former teacher faces new sex charges. Police say Joseph Eugene Council, 33, of Long Beach confessed to having a sexual relationship with 17 year old girl.

Until May, Council taught band and choir at Pass Christian Middle and High Schools. Council was taken to the Harrison County Jail where he was being held pending $75,000 bond. Long Beach Police say the investigation is continuing and ask anyone with information about the case to call 228-863-7292.

Four different Mississippi teachers involved in sexual relationships with minors.  Their bonds were set at values between $50,000 and $100,000 dollars.  Mississippi law sets the bar for statutory rape at age 16, so only the female teacher in the Smoking Gun piece might have been charged with rape.  But in her case, and the other teacher cases, the charges are set to felony sexual battery, defined as:

§ 97-3-95. Sexual battery.

(1) A person is guilty of sexual battery if he or she engages in sexual penetration with:

(a) Another person without his or her consent;

(b) A mentally defective, mentally incapacitated or physically helpless person;

(c) A child at least fourteen (14) but under sixteen (16) years of age, if the person is thirty-six (36) or more months older than the child; or

(d) A child under the age of fourteen (14) years of age, if the person is twenty-four (24) or more months older than the child.

(2) A person is guilty of sexual battery if he or she engages in sexual penetration with a child under the age of eighteen (18) years if the person is in a position of trust or authority over the child including without limitation the child’s teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

§ 97-3-101. Sexual battery; penalty.

(1) Every person who shall be convicted of sexual battery under § 97-3-95(1)(a), (b), or (2) shall be imprisoned in the State Penitentiary for a period of not more than thirty (30) years, and for a second or subsequent such offense shall be imprisoned in the penitentiary for not more than forty (40) years.

So remember folks, if you’re a high school teacher in Mississippi, growing marijuana plants in your own home is as reprehensible as having sex with your teenaged students.  Oh, wait, I’m sorry, it’s worse.  The felony sexual battery charges don’t carry a $1,000,000 fine.

(NBC Miami) When you think of the world’s most prolific pot smokers, certain names come to mind: Snoop, Cheech and Chong, Willie Nelson.

How about Irvin Rosenfeld?

The 56-year-old Fort Lauderdale stockbroker will put his name among the greats when he sets a world record tomorrow for weed consumption while lighting up his 115,000th joint.

One of the few people I know can smoke me under a table - Irv Rosenfeld at NORML CON 2006

The best part is that it’s all legal.

Rosenfeld’s pot has been provided by the government since 1982, when he became a patient in the Federal Drug Administration’s Investigational New Drug Program. Grown on a farm on the campus of the University of Mississippi, the weed is delivered to a local pharmacy where Rosenfeld gets it by the bushel.

Rosenfeld suffers from a rare bone disorder called multiple congenital cartilaginous exostoses, which causes severe pain, alleviated by a healthy dose of ganja.

He’s been getting 300 joints every 25 days for the past 27 years, and said he smokes between 10 and 12 per day.

The sad thing for Irv is that the ganja the feds grow for him is the schwaggiest of the schwag.  This is the marijuana grown by Dr. ElSohly in Mississippi and it’s about 4%-5% THC.  They don’t bother to manicure the bud much before grinding, so the joints contain stems and leaves and the occasional seed.  So don’t be too surprised when he tells you that smoking it doesn’t get him high.

I’ve also had the pleasure of knowing another of the four remaining IND patients, Elvy Musikka.  She has the benefit of being both a federal medical marijuana patient and an Oregon state medical marijuana patient.  She can tell you better than anyone the difference between federal schwag and Oregon’s finest, and the race isn’t even close.

What’s really disturbing is that the government set up this “Investigational New Drug Program” in 1978 and to this date they haven’t done a bit of investigation.  Irv, Elvy and the other two patients have never been surveyed or studied by our government to determine how these decades of medical marijuana use have affected the humans using it.  It might make you think our government never really wanted people to know how effective medical cannabis can be, huh?

I get the most incredible emails, and I mean “incredible” as in “it strains credibility” to believe this really happens in America.

My name is [Bob]. I’m 23 years old and I’m from … Mississippi. Until this year I had never been convicted of a crime. I had never even had a speeding ticket. I was on my way home from work and I was pulled over. I got caught with a stem on my floorboard. Which probably wouldn’t even register as .01 [grams] on a scale. The officer searched my vehicle 4 times before he even found it. I was arrested and taken to [jail.]  My vehicle was impounded.  I lost my job and eventually my home. I bonded out and received my court date later in the mail. When I went to court I received an 1100 dollar fine and my license was suspended for 6 months. The funny thing was a repeat offender 2 cases before me only received a 600 dollar fine for simple assault. He also received a set number of hours in an anger management class.  His charge was for beating his pregnant girlfriend. I have lost faith in America and our leaders.  Marijuana is a wonderful herb and I enjoy the way it makes me feel. Sometimes I suffer with horrible depression and marijuana makes me feel soooooo much better. I’m a musician as well and marijuana stimulates my mind in ways that I never could naturally. … Anyways I figured I would share this with you so you could see how bad we have it down here in Mississippi.

1. Rhode Island (16.12%)
2. Vermont (15.75%)
3. Alaska (13.79%)
4. Oregon (13.12%)
5. Colorado (12.99%)

Surprised that California isn’t in that list?  Me, too.  I’m not at all surprised by Vermont, Alaska, Oregon, and Colorado, but stunned that Rhode Island came in at #1.  I’d caution that this represents everyone from the once-a-year-at-a-concert toker all the way through the daily Stasher.  If frequency and amount used were considered, I’d be willing to wager we here in Oregon are, uh, higher than #4.  Curious about your Bottom Five?

1. Utah (7.17%)
2. Iowa (7.32%)
3. Mississippi (7.79%)
4. Texas (7.92%)
5. Alabama (7.96%)

That #1 result for Utah shouldn’t surprise anyone with its majority Mormon population that even rejects coffee drinking.  Another category where Utah is number one is consumption of Jell-O, which was named the official state snack.  Oddly enough, the one time Utah lost its Jell-O crown was when Iowa briefly overtook them.  So I wonder, is there some sort of yin/yang thing going on between cannabis and gelatin snacks?  If you’re too high does it make it tough to follow the Jell-O recipe, or is it that you get such munchies you don’t have time to wait for Jell-O to set?  By the way, does anybody have a recipe for ganja Jell-O; maybe that’s the solution?

I also thought it would be interesting to look at the Top Five States for Binge Alcohol Drinking:

1. North Dakota (32.02%)
2. Wisconsin (28.84%)
3. Minnesota (28.75%)
4. South Dakota (28.34%)
5. Rhode Island (27.92%)

Apparently Rhode Island is the place to get your drink on and your smoke on.  But for the other Top Five Stoner States, binge drinking rates fall somewhere in the middle of the country from Oregon (21.71%) and Alaska (22.74%) toward the lower range and Vermont (25.57%) and Colorado (26.15%) toward the upper range.  Unsurprisingly, Utah (15.64%) is at the bottom of this list as well.  I suppose if Jell-O vodka shots aren’t bumping that number up, ganja Jell-O won’t likely work, either.

Help us end the 21st century prohibition! Join NORML today!

I am now NORML’s National Chapter Outreach Coordinator.  In that capacity, I receive the emails from people all across the country looking to join NORML.  We currently have 64 chapters and 47 campus chapters in 38 states, and 8 international chapters.

I want a NORML chapter in all fifty states, Guam, Puerto Rico, and the Virgin Islands.  I want double the number of chapters.  So I really need your help.

Just this last two weeks, I have received emails from budding activists (pun intended) looking to start NORML Chapters in Colorado, North Carolina, Alaska, Alabama, Florida (Miami), Missouri, Virginia, Idaho, New Hampshire, Kentucky, Mississippi, Vermont, Texas, Nebraska, Wisconsin, Georgia, Pennsylvania, Delaware, and Kansas, as well as four new college chapter inquiries and inquiries from Australia, Japan, Guam, and Mexico (Cuidad Juarez).

I work to put the people in the same state in touch with each other because the hardest thing about forming a NORML Chapter isn’t finding the guy or gal to lead, it’s finding the other four people to form your board.

So Stashers, if you’re in one of the above-named states or countries and you’d like to get on board with a new local chapter, send me an email to stash@norml.org with the subject “Join a Chapter” and I’ll hook you up.

“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.

reason.tv – Videos > Mississippi Drug War Blues
At 11p.m on December 26, 2001 police in Prentiss, Mississippi raided the residence of Cory Maye, a 21-year-old father who was at home with his 18-month-old daughter Ta’Corriana.

The cops were looking for drugs and smashed through the back door. In the ensuing chaos, Maye hunkered down with his daughter in a bedroom and when the police broke down that door, he fired three bullets, one of which killed Officer Ron Jones. Maye testified in court that the police did not identify themselves until after they had entered his residence; indeed, he testified that they did not identify themselves until after he had fired his shots. Once they did, he said he put his weapon on the floor, slid it toward police, and surrendered.

The police, who refused to talk with reason.tv, tell a different story. They claim that they identified themselves multiple times before entering Maye’s house and bedroom, and that there was no way Maye couldn’t have known who they were. A jury rejected Maye’s case that he was acting in self-defense and he was sentenced to death for the murder of Office Ron Jones.

“Mississippi Drug War Blues” is a story about the intersection of race (Maye is black and Jones was white); the war on drugs; the disturbing increase in the militarization of police tactics; and systemic flaws in the criminal justice and expert-testimony systems.

It is a tragedy in which one man is dead and another may spend his life in prison.

It is the subject of an October 2006 story in reason by Senior Editor Radley Balko, whose coverage of the case led to Cory Maye receiving new legal representation and his death sentence being changed to life in prison. To read the original story, please go here .

In September 2006, Cory Maye’s new legal team of Robert Evans and lawyers from the Washington, D.C.-based firm of Covington and Burling was given two days to argue their post-trial motion that his guilty verdict should either be overturned or that he should be granted a new trial.

After the hearing, the judge ordered a new sentencing trial, determining that Maye’s trial attorney was competent during the guilt phase of his trial, but incompetent during the death penalty phase. He ruled against all of the remaining defense arguments, including concerns about confidential informant Randy Gentry, discrepancies in police testimony, the venue for the trial, and problems with controlling precedent in the state with respect to self-defense.

Prosecutors eventually agreed to drop their pursuit of the death penalty. Earlier this year, Maye was again sentenced to life in prison without the possibility of parole.

Because of the delays associated with acquiring new representation, Cory Maye’s case in May 2008 is still in the early stages of his appeal. His legal team anticipate the case will be heard in the fall.

If the Mississippi State Court of Appeals denies Maye relief, he’ll then appeal to the Mississippi State Supreme Court. If he’s again denied relief, he’ll begin his federal appeal process in the United States District Court in the Southern District of Mississippi, and then to the United States Court of Appeals for the Fifth Circuit.

In early 2008, a state district court judge in Mississippi denied attempts by Maye’s attorneys to bring in Dr. Steven Hayne for questioning (Hayne, who performed the autopsy of Ron Jones, was a key witness for the prosecution). Maye’s lawyers had hoped to question Hayne under oath about recent revelations about Hayne’s questionable autopsy procedures and questionable credentials, first reported in reason, then touted by the Innocence Project and its Mississippi chapter. Maye’s lawyers do plan raise their concerns about Hayne in the appeal.

Cory Maye is currently housed in Unit 32, the high-security wing at Mississippi’s Parchman Penitentiary. His daughter Ta’Corrianna lives in Covington, Louisiana with her mother Chanteal Longino. His son Cory, Jr. lives in Jackson, Mississippi.