Texas Judge Sentences Man To Death For Marijuana Possession | Empire News

Texas Judge Sentences Man To Death For Marijuana Possession | Empire News

Empire-News-Texas-Judge-Sentences-Man-To-Death-For-Marijuana-Possession-300x181

IS THIS TRUE??? I HOPE NOT!!!

IF SO WE NEED TO ADD THE UNITED STATES OF AMERICA TO THE “COUNTRIES THAT EXECUTE PEOPLE FOR CANNABIS” LIST!!!  http://www.ccguide.org/deathpenalty.php

Texas Judge Sentences Man To Death For Marijuana Possession | Empire News.

19-Year-Old Texan Faces Life For Marijuana Brownies | High Times

19-Year-Old Texan Faces Life For Marijuana Brownies | High Times

A 19-year-old Texas man facing life in prison for allegedly making and selling marijuana-laced brownies faced a judge last week in a case that highlights the urgent need for nationwide marijuana decriminalization.

Jacob Lavoro could face anywhere from five years to life in prison for the brownies; the maximum penalty is so high because the treats not only contained marijuana, but hash oil as well. Read More Here >19-Year-Old Texan Faces Life For Marijuana Brownies | High Times.

Federal Court Says Feds Can Close Medical Marijuana Dispensaries

Federal Court Says Feds Can Close Medical Marijuana Dispensaries

Federal Court Says Feds Can Close Medical Marijuana Dispensaries.

FEDERAL CLASS ACTION LAUNCHED CHALLENGING HEALTH CANADA’S CHANGES TO THE MEDICAL MARIHUANA LAWS ON BEHALF OF PATIENTS AND CAREGIVERS

FEDERAL CLASS ACTION LAUNCHED CHALLENGING HEALTH CANADA’S CHANGES TO THE MEDICAL MARIHUANA LAWS ON BEHALF OF PATIENTS AND CAREGIVERS

FORMAL MEDIA RELEASE NOV 30TH 2013

FEDERAL CLASS ACTION LAUNCHED CHALLENGING
HEALTH CANADA’S CHANGES TO THE MEDICAL MARIHUANA LAWS
ON BEHALF OF PATIENTS AND CAREGIVERS

Class Action Suit alleges that the changes to the Medical Marihuana laws taking away the right to personally produce or have a caregiver do so, prohibiting dwelling house and outdoor production and limiting possession to “dried marihuana” only and other restrictions violate the constitutional rights of patients.

VANCOUVER (November 29, 2013) – A proposed national class action suit has been filed in the Federal Court of Canada in Vancouver against the Federal government (Health Canada) seeking various declarations as to the unconstitutionality of the proposed changes to the medical marihuana laws amending the Narcotic Control Regulations, repealing the Medical Marihuana Access Regulations and implementing the Marihuana for Medical Purposes Regulations under the Controlled Drugs and Substances Act.

The representative proposed Class Action was commenced November 29th, 2013 by four representative Plaintiffs on behalf of all persons ordinarily resident in Canada who have been medically approved to use cannabis as medicine whether under the Narcotic Control Regulations, the Medical Marihuana Access Regulations or the Marihuana for Medical Purposes Regulations.

The action seeks constitutional declarations that all medically approved patients have the constitutional right to not only produce their medicine for themselves but if they are unable to do so, to have a caregiver do so for them, and to use Cannabis in any of its effective forms and not be limited to just “dried marihuana”. Also that patients or caregivers can continue to produce in a ‘dwelling house’ and outdoors and should not be limited in other proposed respects such as limiting the maximum amount that a patient can possess to 150 grams. The suit alleges that the new Marihuana for Medical Purposes Regulations (MMPR) are unconstitutional to the extent that they omit the right to continue to personally produce or have a caregiver do so and unreasonably limit the s.7 Charter constitutional rights of medically approved patients in the Narcotic Control Regulations, as in the Medical Marihuana Access Regulations and the Marihuana for Medical Purposes Regulations by limiting possession, sale and provision to “dried marihuana” only, contrary to the decision of the British Columbia Supreme Court in R. v. Smith 2012 BCSC 544 (on appeal to the BCCA) as well as other aspects. Orders in the nature of interim and permanent exemption/injunctions will be sought to exempt individuals medically approved from the change in the law pending the hearing of this matter and thereafter or alternatively restraining and preserving the provisions of the MMAR until such time as the government makes appropriate amendments to ensure the full ambit and scope of the patient’s constitutional right is protected without any unreasonable, inconsistent and unnecessary restrictions.

Health Canada as of April 2013 authorized the production of 188,189 kilograms of cannabis marihuana to be produced under the MMAR under the various licences during 2012. As of November 1st there were only three licenced producers approved to produce and supply patients with cannabis marihuana. The MMPR repeals the MMAR personal production and designated grower provisions effective March 31st, 2014, a mere 4 months from now. It is anticipated that these licenced producers and any others that come into existence between now and March 31st, 2014 will not be able to produce a sufficient quantity to ensure that all of the approved patients have a safe continuous access and supply as of March 31st, 2014.

According to Health Canada as of July 15th, 2013, there were 35,445 persons authorized to possess cannabis for medical purposes in Canada broken down into 24,185 holding personal production licences, 4,251 holding designated grower licences and 6,027 accessing Health Canada’s supply through the government contractor Prairie Plant Systems. While 27,000 of the licences are issued to produce entirely indoors, 3,000 of them were issued to produce entirely outdoors and 2,670 to produce indoors in the winter and outdoors in the summer. Producing outdoors is a substantial cost saver in terms of electricity and some 60-70% of the permit holders are indicated to be on disability pensions. The Plaintiffs say they will not be able to afford the estimated price of the medicine from the licenced producers created under the Marihuana for Medical Purposes Regulations as the sole producers. Most of those with personal production licences produce in their dwelling house as they cannot afford to rent space elsewhere, and they save substantially on electricity costs by partial outdoor production.
Consequently the Class seeks to maintain its ability of each of its members to produce for themselves or have a caregiver to produce for them or, if they can afford it, to purchase their medicine from a licenced producer and that to force patients to access their medicine at a price they cannot afford from only licenced producers does not constitute a “viable constitutional exemption” that ensures a reasonable safe and continuous supply of medicine for the patients. The Class also seeks to ensure access to juicing and other extracts by patients across the country and to maintain their ability to grow in a ‘dwelling house’ as well as outdoors, and to not be otherwise unreasonably limited in terms of possession.

All persons who have been medically approved in Canada for the possession and use of cannabis whether under the Narcotic Control Regulations, the Marihuana Medical Access Regulations as a patient and producer or more recently under the Marihuana for Medical Purposes Regulations are asked to go to www.johnconroy.com and click on the “MMAR” button and register by the completion of a victim impact statement so that we can assess whether or not to introduce your case and evidence into the action or email [email protected] to be added to the list of members of the Class wishing to participate in this Class Action.

For more information please contact:

http://www.johnconroy.com/

JOHN W. CONROY, Q.C.
Conroy & Company
2459 Pauline Street
Abbotsford, BC V2S 3S1
[email protected]
Telephone: 604-852-5110
Facsimile: 604-859-3361

 

Sincerely,

 

Jason Wilcox

MMAR PPL/DPL Coalition against Repeal

Founder/CO

www.mmarcoalitionagainstrepeal.com

[email protected]Mobile: 604-562-7731

 

Face Book Coalition Group www.facebook.com/groups/406440576091519/

LinkedIn Coalition Group http://www.linkedin.com/groups?gid=4714229&trk=hb_side_g

Main LinkedIn: http://www.linkedin.com/profile/view?id=105483424&trk=tab_pro

 

Co-Founder/Director

The Cannabis in Canada Society

www.cannabisincanada.com

[email protected]

Mobile: 604-562-7731

Vancouver, B.C.

Contact me on Skype Jason.Wilcox39

WeedQuest.com, Know Your Weed


Updated | Daniel Holmes’s appeal rejected, prison term confirmed – maltatoday.com.mt

Updated | Daniel Holmes’s appeal rejected, prison term confirmed – maltatoday.com.mt

Marzena HolmesAn Appeals Court has confirmed a 10-year prison sentence for Briton Daniel Holmes, after the accused tried to get his punishment reduced in an appeal that raised the public’s awareness on the harshness of Malta’s drug laws.

Judges Joseph Zammit McKeon, Abigail Lofaro and David Scicluna, presided over the court of criminal appeal.

Daniel Alexander Holmes (pictured) was appealing a jail term of 10 year, six months and a €23,000 fine, after facing five charges of drug possession and trafficking, four of which carried a life sentence, related to the discovery of a cannabis plant in his Gozo home. Holmes admitted to all charges ahead of a trial by jury.

In its sentence, the court of criminal appeal said it would not disturb the first court’s judgement simply because of its severity.

“This was an appeal from punishment, which was well within the  parameters of the law, as the maximum was a life sentence,” Mr Justice David Scicluna said.

In court, where he was flanked by his wife Marzena, Holmes listened attentively to Scicluna delivering his decision. “The defence overlooked the fact that the crime was continuously spread over a period of five years. Albeit claiming to be a cannabis addict himself, the 32 plants and the set-up found at Holmes’s residence prove it was in fact a production line.”

During police searches no evidence of smoked cannabis was found, however the police found clearly marked packets containing cannabis, including a box with 600 grams of dried cannabis leaves. The only evidence of drug consumed inside the residence was a bottle of water containing traces of cocaine.

In his statement to the police, Holmes had claimed Barry Lee was an accomplice and that he had taken responsibility of what was found at his residence. Lee committed suicide in prison in 2008.

“The defence held that the appellant helped the police, however one cannot expect a reduction in punishment simply for not resisting arrest,” judge Scicluna held.

“Those concerned over the suffering their family goes through due to their conviction, should consider this before embarking on criminal activity. Having a family is not a reason to disturb a court’s decision,” the judge said.

In a comment posted in MaltaToday’s comment board, father Mel Holmes said he had never witnessed anything as inhumane in his life as before. “I have never heard anything so inhumane in my entire life. Are they blind to the evidence, or did our defence lawyer present such a bad case they they laughed it out of court?”

Holmes’s defence counsel had told the court how the Briton accused of the trafficking of drugs, ostensibly after a cannabis plant was found at his house, lived in an old, ugly and decrepit apartment, a far cry from the prosecution’s claim of living in luxury.

In his submissions, Kenneth Grima had said the convict was no drug baron, but someone who could not even afford a paltry €150 rent that was always paid by his parents, and who still owed his landlord €400 in water and electricity bills.

Court expert Godwin Sammut had found that the plants found had weighed in their totality, including the roots and stalks, 1,063g – but under oath he stated that this was the weight of the leaves alone, which would lead to a street value of €13,800.

Since Holmes’s conviction, the law had changed so that first-time offenders are not liable to criminal proceedings. But the judge had delivered a prison sentence that was 40% harsher over the eight years requested by the prosecution.

The case generated a public outcry over the harsheness of the sentence, led to a public petition. Holmes, who spent 14 months under preventive arrest, had managed to kick his habit, found a job as a chef, and was in a stable relationship with a Polish woman who had given him a daughter.

Dr Maxine Bonnet appeared for the Attorney General while lawyers Kenneth and Christina Grima appeared for Holmes.

Updated | Daniel Holmes’s appeal rejected, prison term confirmed – maltatoday.com.mt.


US Supreme Court Rejects Marijuana Reclassification Appeal | The Weed Blog

US Supreme Court Rejects Marijuana Reclassification Appeal | The Weed Blog

The US Supreme Court Monday declined to hear an appeal from medical marijuana advocacy groups who had challenged the DEA’s decision to maintain marijuana’s status as a Schedule I drug under the Controlled Substances Act, the category reserved for the most dangerous substances.

The court denied in summary order a petition for a writ of certiorari from the groups, led by Americans for Safe Access, which had sought Supreme Court review of a DC Circuit Court of Appeals decision upholding the DEA’s ruling that a change in marijuana’s classification required the Food and Drug Administration’s recognition of acceptable medical uses for the drugs.

Advocates of rescheduling marijuana have been trying to do so for more than four decades, but have been thwarted by DEA delays and intransigence. This was the third formal rescheduling effort to be blocked by DEA decision making.

Schedule I drugs are deemed to have no acceptable medical uses and a high potential for abuse. Other Schedule I drugs include LSD, MDMA, and heroin. Despite the fact that there is an ever-increasing mountain of research detailing marijuana medicinal effects and despite the fact that 20 states and the District of Columbia have legalized medical marijuana, the DEA continues to insist that it cannot be down-scheduled.

Joe Elford, lead attorney on the case for Americans for Safe Access, told Law360 that the Supreme Court’s denial of certiorari was in line with its reluctance to overturn lower courts and administrative decisions on medical marijuana.

“It’s disappointing, but not altogether surprising,” he said.

A fourth effort to reclassify marijuana led by the governors of the medical marijuana states of Rhode Island and Washington was filed in 2011 and is still awaiting action.

Article From StoptheDrugWar.org – Creative Commons Licensing – Donate

US Supreme Court Rejects Marijuana Reclassification Appeal | The Weed Blog.


San Diego Chapter of Americans for Safe Access – San Diego Medical Marijuana / Cannabis: San Diego Superior Court Judge Threatens Citizen Observers with Arrest for Advocacy in Medical Marijuana Sentence Hearing

San Diego Chapter of Americans for Safe Access – San Diego Medical Marijuana / Cannabis: San Diego Superior Court Judge Threatens Citizen Observers with Arrest for Advocacy in Medical Marijuana Sentence Hearing


By Terrie Best, San Diego Americans for Safe Access Court Support Coordinator

July 30, 2013

San Diego, CA – In a weird and wholly inappropriate display of rage today in the downtown courthouse, Judge Peter Gallagher ranted at defendant Victor Marion for choosing to have medical cannabis supporters in the courtroom for his sentencing, leaving the defendant in tears as he was hand-cuffed and taken into custody to serve an eight month sentence.

The supporters witnessing the display were members of the advocacy groups San Diego Americans for Safe Access (SDASA) and The Human Solution, two agencies who routinely provide oversight to courtroom proceedings in medical cannabis cases as is certainly their right and duty.  Said, Marcus Boyd, Vice Chair of SDASA, “When the DA’s office runs far afield of representing the will of the People it serves and fails in that, citizens must watch and then redress them.”

SDASA serves as a watchdog for justice in medical cannabis cases and today Judge Gallagher sent a message to all who have the audacity to call the DA’s office with grievances: Try to be heard and you risk arrest.

The rant from Gallagher was in response to a Citizen Call to Action made some months ago in which a request was put out to call Deputy District Attorney and Victor Marion’s prosecutor, Cari Elizabeth Philpott and remind her she is a public servant of the people, beholden to those people and request she drop charges against Victor.

Philpott represented the calls from her office’s constituents as “harassment” and Judge Gallagher shouted down advocates as they filed out of the courtroom saying “If there are anymore attempts to contact the prosecutor, they will be met with arrest and prosecution.

Earlier in his pre-sentencing statements Gallagher tipped his hand to his extreme bias against medical cannabis patients with the following diatribe “Medical Marijuana is not a good business plan, 22 year old kids are getting doctor’s recommendations for toe fungus and frying their brains on marijuana.” Gallagher also erroneously insisted that federal law trumps state law on the issue of medical marijuana by way of the “Supremacy Clause” in the US Constitution.

Victor Marion was found guilty by Gallagher at bench trial earlier this year for manufacturing concentrated cannabis.  His attorney Lance Rogers will appeal the verdict and file a motion to release Victor on bail while his appeal is pending.

Im response to the medical cannabis community’s advocacy on display at the courthouse today local attorney Logan Fairfax said, “The District Attorney’s Office has made these medical cannabis cases high profile, San Diego Americans for Safe Access is simply responding in-kind and are within their rights to stand up on behalf of those they support.”

When public officials threaten the public they serve for wanting to be heard and then misrepresent public outcry as harassment, it is time to demand a voice.  Please email the DA’s office at [email protected] and request that Bonnie Dumanis stop prosecuting legal medical cannabis patients and stop misrepresenting public feedback as harassment.

San Diego Chapter of Americans for Safe Access – San Diego Medical Marijuana / Cannabis: San Diego Superior Court Judge Threatens Citizen Observers with Arrest for Advocacy in Medical Marijuana Sentence Hearing.