Articles Posted in Marijuana

Wow. It only took nine months but Barack Obama actually moved to limit federal power and increase State’s rights. When Texas finally passes our MM laws (I’m guessing around 2109 after the other 49 states legalize), then our fellow Texans MM patients will not have to live in fear of federal, or state prosecution.

The most bizarre response to this common sense move is from Bryan Fischer at Mr. Fischer argues that it’s unconstitutional for the President NOT to order prosecution MM patients who comply with State law?

You know what America needs, more people in jail on federal drug charges. Why limit the tyranny of cannabis prohibition to Americans? Let’s spread Nixon’s WOD all over the continent and import Canadians for incarceration! Hope and Change!

Our latest political prisoner in the war on weed is Marc Emery. Marc is a marijuana activist/cannabis seed distributor in Canada. Marc sells marijuana seeds and the Canadian government happily taxes the profits. Marc is the founder of the British Columbia Marijuana Party and a leader in the movement towards cannabis sanity in the Great White North. Marc was recently arrested in Canada, and is awating deportation to America to face a 5 year sentence on federal drug charges.

Marc is being prosecuted for sending cannabis seeds through the US mail. A google search will show you that there are a few dozen operations offering a similar service. Consensual crime enforcement is nothing if not arbitrary and capricious. When millions are breaking the law the government can pick and choose whom to prosecute. While Marc was arrested for conspiracy to distribute his real crime was being an advocate for cannabis reform. Nothing pisses of the DEA mutawas like political dissent.

Just booked my trip to the NORML legal seminar in Key West. I’ve been on the NORML legal committee ever since I opened my private practice. I’d like to encourage any lawyer who is ashamed of cannabis prohibition to join the NLC.

Besides the justness of the cause being an NLC member usually pays for itself. Cannabis consumers/producers and medical marijuana patients appreciate an attorney who won’t judge them, and recognizes that these defendants are America’s political prisoners in the War on Drugs. For far less than you would pay an SEO scam company you can join the proud freedom fighters on the NLC.

This years conference is at the Pier House in Key West. I’ve never been to Key West and I look forward to exploring the island. Do you need some CLE hours and a vacation? Meet me in Key West. You do not have to be a NORML member to attend (though you do get a discount on registration).

Every cannabis defendant I meet gets a few self defense tips at our consultation. Until we legalize cannabis cops are going to arrest for it. Regardless of the life altering consequences, or if the defendant is a good person, or if you “help” the police by being honest the full weight of the criminal justice system will be brought to bear on otherwise law abiding Texans.

The punishment for simple possession in Texas is up to 180 days in jail and a $2,000 fine. While most are sentenced to probation that isn’t good enough for me. No one should be arrested or put through the probation gulag for possessing a plant. Until things change, cannabis consumers owe it to themselves to exercise caution to avoid LEO’s wrath.

Once you have a possession arrest on your record things only get worse. Now, every time LEO pulls you over and runs your license he will think you are riding dirty. Cannabis consumers of America, be ever vigilante. Don’t count on your cop being “cool” and letting you go. Instead, be proactive and protect yourself from our state’s stupid pot laws.

I’ve discovered there is an inverse relationship between blogging and legal work. I’m grateful to be busy in this economy, but it’s giving me blog fail. What I do have time for is another roundup!!

On Sotomayor-

First, I’ll admit I have not done an exhaustive study of her opinions. I’m only familiar with the cases that have been highlighted by the media/blogosphere. My scant review of her track record indicates she is less of a liberal than a knee jerk statist. She seems to consistently side with the government over the individual. Whether it’s cops (even really bad cops), eminent domain, affirmative actions programs, et al, the winner is the state.

I had another two court day; morning in Dallas, and afternoon in Kaufman. I had a few passes and an open plea in Dallas. I saw a few friends at the courthouse one of whom pointed out a MADD courthouse runner.

MADD sends spies to the courthouse to monitor the DWI cases. I’ve never actually seen one until today. He was an earnest looking young man armed with a notebook. I wonder who he reports to and what he is reporting? If I see him again I’ll ask.

On my open plea- I had a DWI case (don’t tell MADD), the state made a plea offer but we chose to plead open to the judge.

Medical Marijuana Patient Protection Act

No issue better highlights the moral bankruptcy of law enforcement than the federal prosecution of state licensed and legal medical marijuana providers. Since SCOTUS long ago nuetered the 9th and 10th Amendment we now require a federal law that states the obvious; the feds should not prosecute conduct that is legal under state law.

To that end the Medical Marijuana Patient Protection Act, sponsored by Barney Frank and Ron Paul et al, would prevent the feds from prosecuting state licensed and legal medical marijuana providers. I’ve already contacted my reps. Click here to voice your support for this compassionate common sense measure.

Polka Fest 09-

This weekend is the annual Ennis Polka Festival. I’ll be at the KJT (Katolická Jednota Texaská) Saturday night (around 8ish) to see the Czechaholics and Brave Combo.

Come to Ennis and experience this one of a kind polkapalooza. Most of the polka dances can be accomplished with a slight variation of the country two step (quick, quick, slow, or something like that). No problem for most people to pick up. However, I largely rely on my wife to count the steps out loud while we are dancing. If NHTSA ever adopts the two step as a field sobriety test I”ll quit driving because I would fail every time.

I have interacted with hundreds of cannabis consumers. First as a public defender, then a prosecutor, and finally as a private defense attorney. Much of the debate over cannabis prohibition is about the plant and the effects of smoking said plant. Let me share my experience with the more important aspect, the people we arrest and prosecute for marihuana possession.

Talking about such a large population of defendants without delving into broad stereotypes is impossible. There is probably a neo nazi terrorist serial killer somewhere who loved marijuana. I’ve never met such a person but probability guarantees at least a few such cases. Instead of individuals let us paint in broad strokes, starting with young adults.

I believe that children are the future, put them on probation and make them pee and pay

Did you know the police are allowed to lie to you? It’s true. The police can make up facts out of whole cloth and present them as fact.

What if the police wanted you to open the door to your house so they could peek inside? One would think that cops must obtain a warrant before entering a private residence. Instead, cops can lie about your car being robbed so you open the door for them.

This brings us to our case of the day. Stern vs. State No. 05-08-00553-CR

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