Dallas Criminal Defense Lawyer Blog

Headlines From Reuters-
Low-dose pot eases pain while keeping mind clear

According to these Reuters people something called a "double blind placebo controlled randomized study" concluded that smoking marijuana was a safe and effective treatment for pain.

Yeah right. Maybe these "researchers" and "medical doctors" didn't realize that Richard Nixon declared marijuana medically useless over 20 years ago. Tricky Dick didn't need any placebos or double blind randomizing to reach that conclusion. Nixon just knew pot was bad.

The hundreds of federal employees fighting marijuana use wouldn't lie to us. Who do these Reuters people think we are? They must be terrorist supporting marijuana addicts

Reuters states that this "research" was done by the Center for Medical Cannabis Research at the University of California. That can't be true. Since marijuana has no medical use their couldn't be an entire research center dedicated to studying the medical use of pot. That would be like having a Center for Medical Unicorn Research.

Luckily Americans don't have to rely on this "Reuters" for news. We can still turn to the bastion of truth and integrity ONDCP, for unbiased, honest, and credible medical marijuana information.

I am a member of Law Enforcement Against Prohibition. LEAP is a wonderful group composed of ex and current law enforcement professional working to end the drug war.

My stint as a prosecutor made me eligible. However, unlike many LEAPers I was never a true believer in Prohibition. Many LEAP members have a conversion of sorts. Years of experience eventually lead them to realize the War on Drugs is a perpetual failure. Me, not so much.

My libertarian beliefs, combined with my economics degree from UTA, and my criminal law classes at Tech taught me that prohibition would always fail and always cause the same predictable externalities every time (death, corruption, violence, mass incarceration.) As a prosecutor my beliefs were sadly confirmed.

However, I have been writing some Op-Eds for LEAP. Recently I penned this article on Medical Marijuana for a Minnesota paper. It was in response to this column by a Minnesota DA. Enjoy-

A Minnesotan suffering from MS finds out that smoking marijuana gives her relief. Her doctor agrees that marijuana is a safe and effective treatment. This same woman is then pulled over by police, searched, and found with marijuana on her person. Should she be arrested, prosecuted, and incarcerated?

That is the question with medical marijuana. Do Minnesotans want to use limited law enforcement resources arresting the sick, the suffering, and the dying? Dakota County Attorney James Backstrom does.

The length to which supporters of marijuana prohibition will advocate bringing the weight of the criminal justice system down on the infirm amazes me. A quote by CS Lewis helps explain this cruelty.

"Of all tyrannies a tyranny sincerely exercised for the good of its victim may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated, but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience."

Marijuana prohibition is a tyranny of good intentions. Proponents sincerely believe that the government should prohibit all use of marijuana regardless of circumstance. James Backstrom is not paid to question the law. His writing merely parrots federal "just say no" propaganda. Mr. Backstrom lacks either the ability or desire to question government policy, even it means arresting the dying.

I speak from experience. I was a prosecutor on many marijuana cases. I used some cheap rationalizations to justify the arrest and harassment of marijuana consumers. "I don't write these laws,” I told myself. Having defending medical marijuana patients I can now attest to the cruelty of their prosecution.

The truth is that federal marijuana law is not divinely inspired. The fact that marijuana is a Schedule 1 substance (like crack and black tar heroin) is a political decision with no basis in reality, or science. Richard Nixon is to blame for making ignorance federal law. Under Nixon's administration marijuana was arbitrarily labeled as having no medical use.

The truth is marijuana has many beneficial medicinal uses. Three FDA approved medicines have been derived directly from marijuana-Nabilone, Sativex, and Marinol. These medicines are used to treat MS patients who suffer from debilitating pain and spasms, as well as cancer patients who are suffering through chemotherapy.

Several patients actually receive rolled marijuana cigarettes directly from the federal government. During the 70's and 80's these patients proved in court they had a "medical necessity" that required smoking marijuana. The same federal government that claims marijuana has no medical use actually grows pot (at the University of Mississippi) and delivers it to patients across America!

If the federal schedule 1 designation for marijuana had any basis in fact, these drugs and patients would not exist. The American College of Physicians, Leukemia & Lymphoma Society, American Academy of Family Physicians, American Public Health Association, American Psychiatric Association, American Nurses Association, British Medical Association, AIDS Action American Academy of HIV Medicine, Lymphoma Foundation of America and Health Canada all advocate using marijuana as medicine. 13 States have programs that allow the sick to access medical marijuana without fear of arrest and incarceration.

It is time to reject failed Nixon-era policies and embrace the compassion, science, and common sense behind medical marijuana.

Dallas Mavericks small forward Josh Howard admitted to recreational pot use yesterday on a sports radio program. Josh has never failed any league drug tests. He simply chooses to use marijuana in the off season instead of the drugs approved by the NBA, DEA, and State of Texas- namely alcohol and nicotine. Here is a quote from Mr. Howard.

"What can I say? If you can do it and it's not affecting your everyday life, why stop? If I'm able to do it, but not while I play basketball, it lets you know I can quit whenever."

Owner Mark Cuban and Coach Avery Johnson both expressed regret at Howard's announcement. Mr. Cuban stated this "will be dealt with" in the offseason.

My question is- exactly what should be dealt with? Josh's crime seems to be being honest and showing no remorse over using marijuana.

Instead of silencing honesty we should use this opportunity to expose the common government lies about marijuana. The ONDCP ad "Pete's Couch" is a great example. Pot smokers are supposed to sit around all day doing nothing. Somehow, stoner Josh scored 18 points last night to help defeat the Hornets.

Here is more from ONDCP on the dangers of pot-

Marijuana abuse is associated with many detrimental health effects. These effects can include frequent respiratory infections, impaired memory and learning, increased heart rate, anxiety, panic attacks and tolerance. Someone who smokes marijuana regularly may have many of the same respiratory problems that tobacco smokers do, such as daily cough and phlegm production, more frequent acute chest illnesses, a heightened risk of lung infections, and a greater tendency toward obstructed airways.

Does any of that sound like the Maverick's starting small forward? Some could argue that Josh's struggles with new point guard Jason Kidd are a sign of mental impairment, but I digress.Here are Josh Howard's career stats. Despite ONDCP's terrible list of pot related problems Josh has managed to average 15 points and 6 boards a game for 5 years.

Josh is a professional athlete with access to the latest nutritional, health, and sports medicine information. Josh would not risk his body, or his $9M annual salary just to get high. If marijuana was as dangerous as the federal government claims no professional athlete would touch it. The truth is- many professional athletes get high because marijuana can be used safely and responsibly.

I wish more professional athletes had the honesty and courage of Josh Howard. There is no danger when Josh Howard gets high. There is no reason to arrest Josh or make him apologize to the public. It will be a better day when all Americans can use marijuana responsibly without fear of arrest.

Few things make me happier than celebrations of freedom and some civil disobedience against stupid laws. At UC-Boulder 10,000 people gathered to celebrate April 20th. In an amazing display of common sense the police wrote no citations, and arrested no one.

I hope this event marks the beggining of a new legalization movement. Hopefully other colleges hold large 420 celebrations in the future. Nothing can help fight federal marijuana propaganda like the truth.

Here is some truth on video- Marijuana can be used responsibly by adults. No one should be arrested for possessing this plant.

On a side note. I have been to Boulder and eaten at the 4:20 sub shop. I went there to watch Tech football. The winless Buffs slaughtered my Red Raiders. However, it was still a great trip to a beautiful campus.

Today's Expert is Chad Ridinger of Narconon Arrowhead. Chad is a substance abuse treatment specialist. This is a long interview, I didn't edit any of it. If you are an expert and would like to interviewed please send me an email. I did change the order of the questions and left the original numbers. I wanted the criminal defense attorney section to be more prominent.

1. Tell us about yourself and your program.
My name is Chad Ridinger and I am the Director of Referrals at Narconon Arrowhead located in Canadian, Oklahoma. I am also a graduate of the program. After I used drugs for 8 years, my life was in shambles and my family was distraught. After failing at traditional treatment, I enrolled at Narconon because I wanted a program that had a high success rate and a different approach to what I was used to so that I would have a better chance of staying clean. I’m happy to say that I’ve been clean for a year now! I feel great and my family is really proud of me.
2. How does the criminal justice system understand drug addiction?
The United States has the highest incarcerated population in the world of over 2 million people. According to national statistics, over 80% of arrests involve substance abuse issues either directly or indirectly. The national success rate of recovery is less than 10%. So the criminal justice system sees first hand that the rehabilitation industry as a whole is flawed and that the criminal justice system is bursting at the seams from unhandled addiction issues. That is why it is so important for the criminal justice system to know that there are alternative options like Narconon Arrowhead that exist that really do get high success rates and really can turn a person around and get them back to the point of being a productive citizen once again.
7. What should criminal defense lawyers know about substance abuse and treatment?
Substance abuse treatement is vital to rehabilitating criminals. And like I mentioned earlier, there are programs that work. Locking someone up and throwing away the key is not necessarily the solution in all cases to make our society and our planet a better place. We are seeing a dire need for additional steps in alternative sentencing measures. We are on the same team and together we need to voice this need and create and/or change legislation so that people are getting truly helped and truly rehabilitated.
8. Does prosecution help addicts?
I think that if a person doesn’t learn from his past transgressions, and still doesn’t recognize the harm he or she is doing to themselves and others than you need to instill justice on that person to protect them as well as society from being harmed by their actions. But again, prosecuting an addict could also entail effective rehabilitation so that the person does not continue to make the same mistakes.
9. Anything else. Narconon uses a unique approach to substance abuse treatment, and has over 70% success rate for graduates after 2 years . This is among the highest in the nation. If anyone out there wants some more information I’d be glad to send them an Information packet. Just email me at cridinger@stopaddiction.com
I appreciate you giving me the chance to get some things out to your community about such issues and to help clear up any misconceptions about addiction. If you or anyone you know needs help with either finding a facility right for them or just wants to talk don’t hesitate to give us a call at 1-800-468-6933, or you can visit our website at www.stopaddiction.com.

Continue reading "Substance Abuse Treatment Specialist Q&A- Narconon Arrowhead" »

Sitemeter makes it easy to browse the Google searches of my readers. Here are some recent search terms that led readers to DCDLB (formerly IWTS).

where to buy marijuana in dallas?
Reader, no one in America buys, sells, or uses marijuana. Our dear leaders in the federal government have declared that marijuana is verboten. Americans would never violate our divinely inspired federal drugs laws. I would be shocked if marijuana is for sale in Dallas, shocked!

Ok, all kidding aside. The hundreds of pot cases pending in Dallas County tell me that buying marijuana in Big D can't be that difficult. Perhaps a better question is "Where can't you buy marijuana in Dallas?"

Just so you know reader, Possessing or Selling Marijuana is illegal in Texas.!! Don't be like George W. Bush, Newt Gingrich, Barack Obama, Bill Clinton, The Beatles, Steve Jobs, or the new Governor of New York- Just say no!!

texas laws on possession of meth
In Texas possession of methamphetamine is at least a State Jail felony (under 1 gram). The crime, Possession of a Controlled Substance carries with it a sentence of 6 months to 2 years in State Jail (probation may be an option, or even required).

As a rule- jail in Texas sucks. However, State Jail is worse than your normal prison. Why? Unlike TDC (Texas Department of Corrections) State Jail has no "good time" credit, you have to serve your sentence day for day. So the inmates have no incentive to behave in State Jail. Ergo, they don't.

Possession of prescription amphetamines (Adderall) is a Class A misdemeanor.

alr hearing got dismissed does this help me for my dui case
It depends on why your ALR case was dismissed. If the judge found there was no probable cause to stop or arrest that will help your attorney defend your DWI case. If the case was dismissed because the right witness did not show up at the ALR hearing, then not so much. Either way, in Texas an ALR win does not prevent the State from filing a DWI case.

A wonderful victory for compassion and common sense in Texas. From the Marijuana Policy Project

A Texas patient who uses medical marijuana to treat the symptoms of HIV won acquittal on marijuana possession charges March 25 based on a “necessity defense.” Though such a defense - which requires the defendant to establish that an otherwise illegal act was necessary to avoid imminent harm more serious than the harm prevented by the law he or she broke - has rarely been successful in Texas, the jury took just 11 minutes to acquit Tim Stevens, 53. The trial was hotly contested. .

That is a good summary of the necessity defense. Exactly what harm does Marijuana Prohibition prevent anyway? I would enjoy making this argument to a jury. How a prosecutor could try and justify this cruelty to a jury is beyond me. Of course, sometimes the duty of a prosecutor is to convict, not to see that justice is done.

Stevens had never been in trouble until Amarillo police arrested him for possessing less than 4 grams of marijuana. As a result of his HIV infection, Stevens suffers from nausea and cyclical vomiting syndrome, a condition so severe that he has required hospitalization and blood transfusions in the past.

I challenge any Prohibition Apologist to justify this arrest and trial. What kind of policy justifies turning sick patients with no criminal history into defendants? Do you feel safer when we arrest people like Tim?

The common sense and decency exhibited by this Amarillo jury is typical of what we see from voters around the country,” said Ray Warren, director of state policies for the Marijuana Policy Project in Washington, D.C., and a former North Carolina Superior Court judge. “The American public doesn’t want to see seriously ill patients arrested and jailed for simply trying to stay alive with the help of medical marijuana. It’s time for legislators in Texas and around the country to follow the public’s lead and take action to protect patients, so that no one battling a life-threatening illness has to live in fear of arrest.”

Great Work by Criminal Defense Lawyer Jeff Blackburn!

Super High Me is a film starring comedian Doug Benson. In a "Super Size Me" type adventure Mr. Benson will smoke weed for 30 days.

According to Drug War Rant it is the hit of South by Southwest film festival in Austin. I hope this comedy can help end the ongoing tragedy of marijuana prohibition.

The Texas Tax Code requires our State comptroller to produce tax stamps for controlled substances. Theoretically, you buy these stamps and then place them on your bag of weed, meth, or crack.

How much are these stamps? $200 per gram for eachcontrolled substance except for pot. Pot is a much more reasonable $3.50 per gram.

For some reason Texas laws refer to marijuana as marihuana. Where did they get that spelling?

Does the comptroller just fax buyer information to the cops? They are not supporsed to. It is illegal (class B misdemeanor) for the comptroller to release a buyer's information. However, I am not sure the State would be interested in prosecuting such a case.

Not A Defense
If you do buy these stamps, your drugs are not legal. From the tax code-

Nothing in this chapter provides a defense or affirmative defense to, exception to,
or immunity from prosecution under the penal laws of this state relating to controlled substances, counterfeit substances, simulated controlled substances, or marihuana.

These taxes are obviously not meant to generate revenue. They are merely another tool to take money from defendants. The real crime is the sales tax Texas loses on the daily marihuana sales in our state. Instead of wasting millions on incarceration we should be generating revenue.

Sitemeter is a great product for bloggers to learn about their readers. Inter alia, it displays the search terms you put into Google that brought you to IWTS.

These are like questions in a way. Each reader is looking for specific information. So let me treat these as a Q/A session.

Remember, this isn't legal advise. You pay for that. This is blogging.

Search Terms- Where to Find Marijuana Detox Drink in Dallas, Texas

Reader, I feel for you. I believe marijuana should be legal and treated like alcohol. I also have no idea where to get a detox drink in Dallas.

I know what you are thinking. If only you had done some crack, or shot some heroin- because those drugs will not stay in your system as long. Let me assure you that smoking pot is still a much safer recreational experience than other illegal drugs.

I suspect you must take a drug test for probation, or trying to get a job.

If you are on probation that is a great time to quit smoking weed. The State of Texas only approves cigarettes and doctor prescribed drugs while you are on probation. So get some Camels and/or a script for Marinol.

If you are trying to get a job- Don't work for those idiots. Any company that would waste money screening for cannabis does not deserve your talents.

Search Terms- Field Sobriety Test False Positives

Depends what research you use. Since the SFST are completely subjective they are subject to false positive results. Research has shown a false positive rate between 22-47%.

Search Terms- How Should US War On Drugs Be Changed

Easy. First, here are all my posts on the subject. In Sum- We should allow adults to legally buy the drugs they want for recreational use. That will end the black market, and empty our prisons. We can then focus these criminal justice resources on killers, rapists, terrorists etc. For further reading try StopTheDrugWar.Org.

Labels: DWI, Marijuana, War On Drugs

Rick Steves is my favorite travel author. If you are going to Europe his books are the go to resource. His travel show on PBS is also a great watch even if you aren't going to Europe. What is less well known about Rick are his progressive, reasonable, and compassionate views on Marijuana. Rick and I are both members of NORML- the National Organization for the Reform of Marijuana Laws.

Here is a letter Rick sent out to the membership today. Compare his views with the taxpayer funded cannabis propoganda on ONDCP.

TV Host Rick Steves: NORML, Good Citizenship and You!
December 31, 2007

Hello NORML Supporters!

I’ve found a great niche in life. I love to travel and I love to teach travel. Travel carbonates my life. When we travel, we find new wonders and new ways of looking at things. And travel is a great teacher. By traveling, I’ve learned that the costly prohibition against marijuana is a uniquely American crusade. In Europe these days, a joint is about as exciting as a can of beer.

As author of thirty best-selling travel guidebooks and host of the popular TV series, Rick Steves’ Europe, I’m a public person. I pride myself on being honest; open to other viewpoints, and caring. These are all reasons why I speak out publicly against the counter-productive and wrong-minded US prohibition against marijuana.

It’s striking to me that here in America, a nation which has championed freedom since even before the French Revolution, 40,000,000 citizens smoke pot recreationally yet so few will admit it publicly. People call my outspokenness on pot courageous.

If it takes courage to speak the truth, then it is even more important to do so.
For the better part of the past five years, I’ve served proudly on the Advisory Board of the National Organization for the Reform of Marijuana Laws (NORML) – America’s leading drug law reform group.

During my NORML tenure, I’ve said loud and clear that I believe responsible adult use of marijuana is a civil liberty; that the current prohibition against pot is as counter- productive and costly to our society today as the prohibition against alcohol was back in the 1920s and 30s. I’ve said that if the goal of our nation’s drug policy is harm reduction (rather than locking people up), problem cannabis use should be treated as a health problem rather than a criminal problem. (That’s the pragmatic European approach.) Further more, I believe that if our government managed to lock up every pot smoker in the USA, our country would instantly become a much less interesting place to call home.

I’ve enjoyed sharing these ideas during my keynote speeches at national NORML Conferences and I shared my thoughts on drug policy reform in a recent Los Angeles Times editorial. In fact, in my lectures all over the USA, I share frankly and openly how America’s “War on Drugs” is failing while Europe’s more pragmatic approach is much more effective.

In America you can be hard on drugs or soft on drugs. Europe offers a third choice—smart on drugs.

Many of my friends and workmates are concerned that my speaking out against America’s failed pot policies is dangerous. But you don’t need to smoke pot to oppose a law that criminalizes it. As an American, I insist on the freedom to oppose a law I think is wrong. As a businessman, I’ve found no real backlash. As a parent, I have credibility with my children on drug abuse issues.

I’ve explained my beliefs on countless radio and TV interviews. Invariably, those interviewing me express admiration for my common-sense stance—but only after the mic is turned off. (Candor would threaten their jobs.) My political representatives understand and respect my viewpoint – even if they are afraid to make it an issue in today’s political environment. And personally, I am embracing one less lie than most of my countrymen. That’s a good thing. It just feels right to speak publicly about the wrongness of making the responsible adult use of marijuana a crime.

When it comes to smoking pot, the only shame I feel is how our nation treats its citizenry.
I feel shame when I read that 80,000 Americans are in jail today on marijuana charges. I feel shame that the US arrests over 800,000 Americans a year for marijuana—90 percent for simple possession. I feel shame when I listen to America's Drug Czar parrot administration lies about the effects of pot so that our government can continue to deny its therapeutic use for seriously ill patients who so vitally need it. I feel shame when I learn about the billions of taxpayers’ dollars our government spends targeting and jailing non-violent marijuana smokers, while at the same time it denies needed funding for necessary social programs such as health care, education, and treatment for victims of hard drug abuse. And I feel frustrated here in “the land of the free and the home of the brave” that I am one of just 3 or 4 paltry (no offense, boys) celebrities with the nerve to admit publicly that they smoke pot.

I believe the mature adult recreational use of marijuana is a civil liberty
Our responsible, adult, pot-smoking friends and workmates should not be criminals. That’s a big reason why I’ve chosen to devote my time, energy, and financial resources to supporting NORML’s tireless efforts. Today I’m asking you do the same.

Together, supporting groups like NORML, we are making substantial progress toward ending the prohibition of our age. Over 4 million Americans are tuning into NORML’s daily podcast and more than 375,000 people have recently signed up to support NORML on the social networking website Facebook. However, these totals still represent only a fraction of the tens of millions of Americans who – like me – understand that marijuana is best treated as a soft drug—taxed and regulated like alcohol and tobacco.

NORML is not a charity…it’s a service, fighting our battle in Washington, DC.
If you agree with me, support NORML financially with an end-of-the-year gift. If you’re reading this letter you’ve given money to NORML in the past. Thanks for your support. We need to continue giving…again…and again…until pot smokers are no longer criminals in the USA. We must work together and support the dogged and heroic struggle NORML is waging. Together, we can bring an end to a prohibition that is bringing far greater harm to our nation than the problem it is trying to address.

Matching Grant—Double Your Donation!
Please join me in making a tax-deductible donation of $100 or more to NORML. Your end-of-the-year contribution will help to assure that NORML can continue its vital work. Plus, thanks to support of longstanding NORML funders, the amount you donate to NORML today will be matched dollar for dollar (up to $30,000) – making your contribution go twice as far and work twice as hard.

As 2008 approaches, let me propose a New Year’s resolution. Let this be the year you educate your friends about the importance of bringing sanity to our drug laws and to challenge those who believe that the responsible and recreational adult use of marijuana is a civil liberty to join NORML. Here’s a New Year’s challenge: Make a commitment to encourage at least three friends to become paying dues members of NORML.

In this political season, if responsible citizens who enjoy a little marijuana recreationally spoke honestly and publicly about this, perhaps our nation’s leaders would realize it is not political suicide to advocate pragmatic European-style drug policy reform.

Thank you again for your financial support of NORML. Together we can teach America that by taking the crime out of marijuana, our nation will be a better place.

Happy travels (even if you’re just staying home),

Rick Steves
NORML Advisory Board
Edmonds, Washington
http://www.ricksteves.com/

Some headlines... Cannabis May Prevent Breat Cancer From Spreading Sativex, A Cannabis Spray effectively treats pain The DEA admits that marijuana is medicine, only if you get it in pill form

I wonder how long the feds can argue that marijuana is not medicine when we will soon have two prescription drugs based on cannabis.

MEDICAL MARIJUANA, The Trojan Joint?
Medical Marijuana is a topic I have mixed emotions about. On one hand, I believe any movement that results in arresting less people for pot is good. One the other hand, I believe that Americans, as free people, should have the right to smoke what they want, regardless of medicinal value. Pot should be available for any use, recreational or medicinal.

Johnny Walker Blue is not medicine, it cures nothing. I still consume it, even though a side effect of drinking aged Scotch is intoxication. We ended Alcohol Prohibition without requiring that "medical alcohol" be legalized first.

Prohibitionists often argue that MM is simply a "trojan horse" to legalize cannabis funded by the evil George Soros. I have to plead guilty to that charge. I hope that MM will take away the stigma and fear around marijuana and speed up the inevitable legalization of cannabis. I have never met George Soros, but he should feel free to sponsor this blog.

The debate on cannabis is shifting. Medical pot is happening, Barack Obama has come out for legal medical use. Here is a great page of videos on all the canidates MM stances.

The debate over MM will end with legal prescription drugs like Sativex and Marinol available for certain "good" uses like pain management and fighting cancer, while recreational use is still banned.

Whereas, getting high is not recognized as a medical treatment, anxiety relief is. What separates taking Xanax to treat "anxiety" from smoking pot for a simliar purpose? Is it because the government (FDA, DEA) has not blessed marijuana for "anxiety" treatment. Is that really why we arrest 750,000 cannabis consumers a year?

I believe the arguments surrounding marijuana are moving towards an inevitable debate on the sovreignty of your mental state.

Who Owns Your Mental State?
Here is a recent video of John McCain trying to justify Prohibiton. John implies that drugs, unlike alcohol, can not be used responsibly and therefore must be banned. He also states that while you can drink without getting drunk, drugs have this awful side effect- intoxication. Here is a great video of Bill O'Reilly throwing a hissy fit over the idea that you have any right to get "intoxicated."

The argument of Mr. McCain, Mr. O'Reilly and other Prohibition apologists is that the federal government has a higher claim to your sobriety than you do. You somehow need government permission to pursue "intoxication" on any level, and then only through approved substances.

The right to control your mind should be one of the basic tenets of freedom. Unfortunately we have accepted the paradigm that the FDA, DEA, and Pharma companies can and should have a monopoly on what you can do to your own mind.

KXAN has picked up on Austin Energy/Austin Police warrant less surveillance program. It's good to see the mainstream press involved. I hope they keep pressing until they get answers.

Next time an Austin Cop questions you, ask for a lawyer. That is what Austin PD did when asked about their Austin Energy customer data mining program. Here is the quote from KXAN

An APD representative agreed to talk to KXAN Austin News about using energy
usage information, but just before the interview, the agency got a call from its
attorneys, advising to refrain from commenting on the issue.

Disgraceful, yet sadly typical. Government always chooses the path of least disclosure. Austin PD is not different. Even more disturbing is the quote from Austin Energy.

"State law allows us to share information with other governmental entities, and
APD is, of course, a city department," said Ed Clark of Austin Energy. " And so,
really and truly, we wouldn't have a basis on which to deny information to them,
and on the other hand, we are interested in assisting them."

Only a bureaucrat, or a fool, could be proud of the disease, death, corruption, and mass incarceration caused by the drug war.

The ACLU reports that a Department of Justice Judge is going to recommend that the DEA end its ban on supplying marijuana for medicinal studies. Currently, the DEA will not supply the weed docs need for proper study.

Sounds like a logical move. Medical marijuana has been routinely dismissed as a "trojan horse" by the Bush Administration.

I wish this trojan horse wasn't necessary. The argument against prohibition should win on the logic of allowing free markets and free people to make decisions that do not harm others.

Marijuana should not be legal because it could possibly be medicine. It should be legal because we are free.

Alcohol isn't medicine. Tobacco doesn't cure anything. We tolerate these "drugs" because of tradition, not science.

The idea that cancer and AIDS patients are going to be arrested for pot smoking is something most Americans find revolting. Medical Marijuana generates an emotional response that other anti-prohibition arguments can not match. Americans want to help patients who are suffering. If only the suffering caused by prohibition was as compelling.

I spent so much time as a prosecutor on POM cases. I always wanted to give "deferred" so that it wouldn't destroy the defendant's chances for student loans etc.

I remember reading POM Police Reports and always asking "And?" at the end.

For example, the report summary would say "Pulled suspect over for speeding, 56 in a 45. A consent search yielded a small quantity of a green leafy substance believed to be Marijuana." And?

This is valuable law enforcement time and effort being documented for my prosecutorial review. Who is safer because of this arrest? What was accomplished?

That being said... I hope they allow these studies. Arresting recreational pot smokers is stupid, arresting cancer patients who smoke pot, is evil.