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  • Michael Komorn

    Making A Federal Case Out Of Marijuana

    By Michael Komorn

    Our client, a medical marijuana patient registered with the State of Michigan, was out for a boat ride and some fishing on his friend’s boat. What started out as a glorious day with intentions of sun and fishing on the Detroit river later turned into federal charges of possession of marijuana (21 USC 844, 21 USC 844a) when a Border Patrol agent pulled up to them and wanted to search their vessel.   Related: Michigan law regarding marijuana manufacture, delivery, and possession   The federal border patrol agent required that the two passengers, my client and his friend, open all the containers in the immediate area, to which they complied.   After the agent found no contraband, he demanded that the occupants of the boat hand over the marijuana because, according to the agent, it smelled like marijuana on the boat. Additionally, the agent said that if someone did not give him the marihuana, he was going to call the K9 unit.   What does the driver of a car or boat say in response to a law enforcement officer demanding that the occupants of the vehicle hand over the marijuana, or else?   For a vehicle, we know that the traffic stop can't or shouldn't take last for any longer that it takes to execute the traffic stop, identify and inform the driver of the violation, and issue a ticket, if appropriate. A traffic stop is not an opportunity to gather evidence of probable cause of the vehicle to search. That basic threat, calling the dogs, would be unconstitutional. That is to say, the delay in calling the dogs to get probable cause would be a delay beyond the scope of the lawful police interaction. The delay to call the dogs is a delay for the purpose of getting probable cause to search the vehicle.   Most times this decision on how to respond should be determined on a case-by-case factual basis. In other words, depending upon what is within the vehicle, the driver may or may not comply with the request of the officer. The rule of thumb, however, is to never consent to a search, ever. Equally important is the rule that you should never talk to the police or answer questions. Specifically, in these traffic encounters, or even vessel encounters, the investigated driver is not under arrest. The encounter is an interaction called an investigation, and anything that is said during this encounter will be used against you.   Ultimately, our client handed over the marijuana cigarettes and his patient card. As my client was reminded by the Border Patrol Agent, there is no medical marihuana on federal jurisdiction. Or said another way, it was the intent of this agent to make a federal case out of it.   After being retained by our client, and after a few pretrial conferences and conferences with the Assistant United States Attorney, we learned that it was also the intent of the United States Government to make a federal case of it.   Federal jurisdiction, as mentioned above, is a very different venue to litigate a marihuana case, even if it’s just for a joint or two. The liabilities for punishment are much greater, and in certain situations get worse, the more the accused litigates the case. That is to say, any benefits of resolving the case with a plea bargain are minimized should you force the government to litigate the case.   It is under these circumstances that we needed to make our decisions on how to proceed. As we got closer to the day of trial, the Government offered a number of different plea offers and options to resolve the case. Unfortunately, none of them contemplated the medical use of marihuana while being supervised on probation. Similar to many of the State Courts throughout Michigan, the likelihood of any probation supervision of any kind would preclude the medical use of marihuana.   Not directly pertinent to this case either factually or due to our federal court venue, the only Michigan case law that addresses the issue is a recent case in the Court of Appeals, People v Magyari, the defendant argued that, pursuant to the MMMA, the court could not prohibit his medical marijuana use during probation because he possessed a patient card, but the court’s opinion characterized the defendant’s use of marijuana as non-medical, and did not apply their reasons for upholding the lower court decision the appeal to all cardholders.   A probation condition disallowing his medical use of marijuana was not acceptable to my client, and besides, who would want to plead guilty to something that the state government has authorized you to possess, let alone be on probation for the same behavior? So as often is the case, the choices that presented themselves compelled us to reject the offers to plead guilty and instead litigate the case.   Our response to the offer to plead guilty was to file a “Motion to Dismiss Based Upon Justice Spending Funds to Prevent Implementation of Michigan Marijuana Laws.”   I think it is more than ironic that as we put together the motion challenging the federal government’s authority and jurisdiction to prosecute the matter, the issue of States’ Rights was in the forefront in a national debate.   As outlined in the motion, the legal authority prohibiting the jurisdiction of the government in our matter was vitiated by the Cole memorandum – both of them. Additionally, the Rhorabacher-Farr amendment was more than clear in its intent to preclude federal agents employed by the DOJ, including the DEA, from investigating or prosecuting medical marihuana patients that are in compliance with state law. If there was ever a case with the perfect facts to prevail upon it would be this case, and the mere two marijuana cigarettes. In contrast, the circumstances of the case cited, US v McIntosh, dealt with dispensaries and commercial marihuana sales. Our case was as authentic patient activity as one could find.   After filing the motion to dismiss, and appearing for the motion hearing, we learned that the Government had decided to dismiss the case. The AUSA indicated to me that he had "no desire to go to the mat with me on this case" and he was "not going to make bad case law with this case." Or said another way, he knew that he was going to lose, and instead of dealing with that result which would be precedent and impact the entire Sixth Circuit Trial Court, he thought it best to dismiss the case, and let us go on our way.   The moral of this story is that when they make a federal case out of it, you should do the same.
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  • Michael Komorn

    Medical Marijuana Victory in Clarkston!

    By Michael Komorn

    Komorn Law, PLLC and Attorney Allen Peisner are proud to report the well-deserved dismissal of all marihuana charges for a young man and his family. We are proud about this one for many reasons. It is well understood that this jurisdiction (Clarkston - in the heart of Oakland County) is not known to be friendly to medical marijuana patients. In fact, in this venue at the arraignment, this particular Judge as a matter of practice tells the presumptively innocent patient that they must decide if they want to use their medicine or drive. They can’t do both. Of course, this defies most if not all principles of Michigan jurisprudence. Nevertheless, when he was forced to choose, my client chose his medicine. Of course, to get to work without a driver’s license my client has to ride his bike, which requires him to ingest medicine more frequently than before the Court had imposed the no driving condition. My client was a medical marihuana patient and had received his recommendation from his physician in December 2016, but had not yet sent his application to the State. In other words he didn’t have his registry card at the time of the incident. The backdrop here involved a traffic stop in early 2017. The officer claimed he smelled marihuana; later when searching the vehicle he found two ounces in the locked glove box. The client made a few utterances (always best to not say anything at all) at the roadside, all consistent with his assertion that he was a patient and was intending to use it medical, and ingest it at some other time. After a few pretrials, adjournments, and some administrative hurdles the matter got set for our evidentiary hearing pursuant to section 8 (See People v King/Kolanek). As it should be, the explanation of the three prongs was required to be established at the hearing (in short: 1. Bona fide Physician/Patient Relationship, 2. The amount of marihuana was reasonable and necessary. 3. The marihuana was for the patient’s medical use) was presented with confidence and detail. As I often suggest to patients prior to testifying, the topic of inquiry is something that no one knows better than you, the patient. No one other than you really knows or understands your medical condition better. The medical efficacy of cannabis to treat that condition likewise is information unique to each patient. With that being said, my client’s testimony was more than compelling. In 2008, over 3 million Michigan voters, enacted the MMMA, and amongst other declarations, they stated cannabis is medicine. As often overlooked, it was intended to be just that - a medicine that amongst other things is intended to treat a long list of serious medical conditions, one of which is chronic pain. My client’s story begins with walking onto the MSU track team and competing at a Big Ten collegiate level for his first three years, before being cut from the team in the last part of his junior year because of a muscle tear in his hip. All things bad happen to runners when this muscle tears, including limited range of motion and severe pain. Prior to his leaving the team, he was given access to the very best of medical treatments from all this Big Ten school’s trainers and doctors could offer. This included daily rehabilitation, and muscle relaxers and pain medications. His other option was to have surgery, which according to his physician was not recommended because of his age. While he did get some relief from the daily rehab during the summer, this became an impossible treatment when he returned for his senior year, and had a full load of classes. With his collegiate athletic career behind him, he had resolved to direct all of his energies into his senior year with his eyes on graduate school. Despite additional free time from no track practice, travel to meets etc., the pain from his hip was not going away. For these reasons, he explained “I wanted to explore medical cannabis to treat my hip problem, because nothing else was working. The simple task of walking to class had now become a painstaking task that was challenging on a day to day basis.” There is little that can be said about his testimony other than it was real. Of course, on cross exam, he had to put up with silly challenges and questions with no substance but an intention to try to confuse or take advantage of the novelty of testifying in court for the first time. The only disappointing aspect of the case was that I had to restrain my anger in responding to the Assistant Prosecutor’s argument that the physician didn’t testify, and it is only through that testimony can a patient establish what is an amount reasonably necessary. Neither of these arguments are true, as outlined in the most recent Michigan Supreme Court case People v Hartwick/Tuttle. I saved the argument, “Judge I want to remind the Court that my client is currently on bond, and has been authorized by this Court to use medical cannabis as one of his conditions of bond, I would argue in conjunction with the testimony, you should dismiss the charges, or at a minimum let us argue the affirmative defense to the jury.“ In short order, and shall I say surprisingly, the Court quickly shut down the APA’s misplaced arguments about the law regarding section 8. Despite what I thought was more than enough evidence to dismiss the Court found that the evidence established that we could present the affirmative defense to the jury. A brief bench conference ensued and talks of permission from supervisors in the APA’s office, and we were given a pretrial return date – to set a trial date. Today at that pretrial the APA informed us that they would dismiss the case with prejudice. To say it is was a waste of resources – to be required to go this far to establish the evidence that we did – would be an understatement. With the opioid epidemic that plagues Michigan and the County, how can this endeavor be justified? To even the most anti-cannabis crusader, wouldn’t the dollars needed to keep this case going be better spent testing the untested rape kits that remain in the thousands all of over Michigan? Does it still make sense to anyone that the State of Michigan utilizes 40% its Forensic Science Division’s budget testing marihuana? That the same 40% or greater of marihuana cases make up the docket in Courtrooms all over the State of Michigan. Could it ever make sense to anyone that this scenario would somehow justify my client being denied admission to post graduate education or acquiring the professional license that he had spent most of his adult life committed to? Attorney Peisner’s involvement was stellar as expected, and his performance in keeping the fight going was pivotal. Thank you, Allen It was an honor to represent my client, and his family. Today was a good day, the broken system produced an excellent result, the MMMA worked and for a few moments, albeit fleeting, justice was served.
  • Michael Komorn

    Why was medical marijuana banned?

    By Michael Komorn

    As this news hit in the last throes of 2017, it seems appropriate to take a step back and understand why exactly marijuana was banned all of those years ago. Please continue reading to find the answers on this long and weird journey through time. Elderly Couple Stopped In Nebraska With 60 Pounds Of Weed ‘For Christmas Presents’ https://www.npr.org/sections/thetwo-way/2017/12/22/572844666/elderly-couple-stopped-in-nebraska-with-60-pounds-of-weed-for-christmas-presents Marijuana (also known as cannabis sativa or cannabis indica or hemp) has been a medicine for thousands of years. Marijuana is found in all recorded history, on every continent as a medicinal crop. Egypt to China to India to Assyria (Iraq) and Arabia. From the Greeks and Romans to present day. In the early USA, hemp was an integral part of life. George Washington grew hemp and many colonists grew hemp for cordage and canvas, including ropes and sails for ships.  Newspapers in 1841 went into great detail on how to cultivate hemp, including separating the male plants from the female plants.   Many papers also reported stories about having a laugh while smoking hemp, as is the case with this 1850 report from a Paris correspondent for the Medical Times. (click for a larger view) There are many examples in American newspapers including poems, insults, references and propaganda  on the subject of hasheesh (the old timey spelling of hashish), marijuana, cannabis and hemp. Just look at this article from 1908, they found marihuana in this man’s pocket!   1906 – The Pure Food and Drugs Act Requires Labeling of ingredients of Medicine, Including Cannabis. Previous to the Pure Food and Drugs Act, many medicines were treated the way Coca-Cola is today. “A secret formula” or “A proprietary blend” of spices and medicines and even poisons including arsenic and strychnine. Writing cannabis on a label did not ban cannabis related medications. Many major pharmaceutical companies which are still around today, used to sell cannabis based medicines. Pharmacists used to make cannabis based compounds and elixirs and extracts and pills as well. Newspapers had been printing a lot of yellow journalism on the subject of marijuana over a number of years.  Articles were passed around from newspaper to newspaper, with editors changing and inserting local opinion into the reprinted stories. Sample Articles from Chronicling America: These are only a handful of articles, more comprehensive research must be done. “Senseless Brutality. A Mexican Priest Flogs the Corpse of a Dead Wizard.,” The Memphis Appeal(Memphis, TN) , April 18, 1887, Page 1, Image 1, col. 6. “Victims of a Mexican Drug. From the Mexican Herald.,” The Sun (New York, NY), August 12, 1897, Page 6, Image 6, col. 5. The New York Sun relays a report from the Mexican Herald that “Marihuana, our local hasheesh, continues to impel people of the lower orders to wild and desperate deeds.” “Stronger Than Opium. Attempt to Smuggle Mariguana into Yuma Prison.,” Tombstone Prospector(Tombstone, AZ), September 15, 1897, Page 4, Image 4, col. 4. “Across the border. Mexican Herald.,” The Oasis (Arizola, AZ), July 15, 1899, Page 6, Image 6, col. 1.  A report from the Mexican Herald of a scene in a civil registry office: “A marihuana fiend suddenly appeared in the office brandishing a knife, declared that he was Herod and his mission was the extermination of new-born infants.” “Across the border. Two Republics.,” The Oasis (Arizola, AZ), December 30, 1899, Page 10, Image 10, col. 1. “Dangerous Mexican Weed to Smoke,” Phipllipsburg Herald (Phillipsburg, KS), August 18, 1904, Page 8, Image 8, col. 3. “Teacher Starr of Chicago Man of Sensations,” San Francisco Call (San Francisco, CA), August 25, 1905, Page 8, Image 8, col. 2. “Stops Sale of Maddening Drug,” New-York Tribune (New York, NY), December 24, 1905, Page 3, Image 3, col. 4. “War on Marihuana Smoking. Mexican Government Wants to Exterminate a Weed That Crazes,” The Sun(NewYork, NY), May 26, 1907, Page 17, Image 17, col. 4. “Use for Deadly Weed. Mexican Marihuana Plant to be Grown in Texas for Drug Purposes.,” Florida Star(Titusville, FL), October 16, 1908, Page 3, Image 3, col. 4. The Florida Star reports that James Love, who operates an agricultural experimental station in Texas, has received permission from the state agricultural department to plant in Texas ten pounds of marihuana seed he has imported from Mexico. The article states Mr. Love’s belief is that the plant “can be put to good commercial use as a drug.” “Goats that Feed on Dope,” New-York Tribune (New York, NY), April 11, 1909, Page 55, Image 55, col. 5.  A fanciful tale of an alleged Mexican goat-herder whose goats have become addicted to marihuana. “Yerbas Medicinales [Marihuana advertised for sale],” La Revista de Taos (Taos, NM), February 7, 1913, Page 4, Image 4, col. 7. “On Account of His Oriental Nature the Mexican’s Mind is a Puzzle to the Foreigner,” The Sun (New York, NY), May 17, 1914, Page 37, Image 37, col. 1. “Marihuana Sale Now Prohibited. Council Passes Emergency Ordinance to Stop Sale of Mexican Drug.,” El Paso Herald (El Paso, TX), June 3, 1915, Page 6, Image 6, col. 3. “New Anti-marijuana Ordinance Very Stringent,” El Paso Herald (El Paso, TX), June 7, 1915, Page 9, Image 9, col. 3. The El Paso Herald reports concern from local physicians and pharmacists over El Paso’s prospective anti-marihuana law. The Herald’s article states that “It is put up by the foremost drug manufacturers in the country and is frequently prescribed, as it is a sedative of value.” “Is the Mexican Nation ‘Locoed’ by a Peculiar Weed?,” The Ogden Standard (Ogden City, UT), September 25, 1915, Page 13, Image 13, col. 1.  Mexican “bandits” are being emboldened to take on Uncle Sam by the intoxicating effects of marihuana. “Marihuana Smokers Shut Off from their ‘Makins’,” El Paso Herald (El Paso, TX), September 13, 1917, Page 6, Image 6, col. 3. “The One Wicked Drug the Lawmakers Forgot,” The Ogden Standard-Examiner (Ogden, UT), December 24, 1922, Page 24, Image 24, col. 1. The Mexican Revolution in 1910 caused many Mexicans to move to the USA. Racism and xenophobia increased in the bordering states. Residents and leaders wanted any and all excuses to jail and deport Mexicans. According to various timelines of the history of marijuana, the first anti-marijuana laws started in individual southern states bordering Mexico. Racism was used against marijuana during international treaties and drug control laws as well. Historians cannot find the reason why Canada banned cannabis in the 1920s, except for racism against the Chinese. Cannabis prohibition was based on and helped by alcohol prohibition. Alcohol prohibition, largely thought of as targeting alcohol itself, was chiefly about prohibiting saloons. The Saloons of the 1800s and 1900s also hosted gambling, dancing with women, vaudeville, musical shows and frequently employed saloon girls to entice and encourage alcohol consumption. “The Saloon Must Go” was the Anti Saloon League’s motto. “That prohibition of the sale of liquor would reduce the prevalence of commercialized prostitution is evident from the efforts which have been made to separate the sale of liquor from the prostitution in certain cities which tolerated vice or segregated districts.” says George J Kneeland (Social Hygiene ,Jan 1916.) Music, dancing, girls and musicians? Sounds very similar to the REEFER MADNESS propaganda against Jazz Clubs in the 1930s. From the Senate Hearing on Juvenile Delinquency and Marijuana Decriminalization, including  4 years of research during 1971-1975, no clues were found to explain why marijuana was banned. Why was marijuana banned? Racism against blacks, Mexicans and “undesirables” Harry J Anslinger was a racist and a liar. Marijuana continues to be banned because: Selective police action enforces racism Competition from pharmaceutical companies Nixon hated protesting hippies. Competition from the Alcohol industry Police and Prison guard unions want marijuana prisoners Uninformed do-gooders like MADD, who have not seen the statistics of lower alcohol driving deaths in states that have legalized marijuana. Evangelical Christians, Catholics and other religious groups. Jeff Sessions and Chris Christie.
  • Michael Komorn

    Don’t Beauregard that joint my friend.

    By Michael Komorn

    Attorney General Jeff Sessions January 4th memo regarding marijuana enforcement is historic... and it should promptly be consigned to the dustbin of history. Mr. Session’s very name is a history lesson. Like his father and grandfather, he was named after Jefferson Davis, the first and only president of the Confederacy and P.G.T. Beauregard, the first prominent general of the Confederate Army. These were the men who lead the people of Alabama in their desire and purpose to join the “slave-holding states” to secede from the U.S. and form a government where “in no case shall citizenship extend to any person who is not a free white person.” See Alabama Ordinance of Secession. Mr. Sessions memo overturning Obama era guidelines for federal marijuana prosecutions is entirely consistent his historic roots. Here’s why.     When the South failed in its quest to preserve the “peculiar institution” of slavery, Jim Crow and segregation followed. “Separate but equal” became the rallying cry to keep whiteness supreme. With Brown v. Board of Education and the Civil Rights Act of 1964, this became impossible. American society convulsed. In 1968, Richard Nixon took the White House by appealing to the “silent (white) majority” and exploiting Southern fears of the recently empowered African-Americans. The South has been Republican ever since. Here’s how Nixon did it. He declared a War on Drugs. John Ehrlichman a Nixon staffer revealed the real roots of the criminal prohibition of marijuana and other substances: “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.” By 1980 with the ascension of Ronald Reagan (and Nancy Reagan’s vacuous “Just Say No”), the drug war was hitting its stride. George H.W. Bush amended the Posse Comitatus Act to allow the military to be used as a domestic police force in the drug war, effectively para-militarizing police forces across the nation.  In 1994, Bill Clinton passed the Violent Crime Control and Law Enforcement Act. In the 22 years since the bill was passed, the federal prison population more than doubled. War is a bi-partisan vice, and scare-mongering reliably delivers votes. It is to this era that Mr. Sessions seeks to return us with his memo. That is because the war on drugs has been extraordinarily successful in its primary purpose: to vilify Blacks and the Anti-war left, arrest their leaders, raid their homes, break up their meetings, and put them in jail. By 2000, incarceration numbers began to become available in parts of the South demonstrating that the drug war increasingly was a war on African Americans, particularly Black males of prime breeding age. One in three black men in the United States between the ages of 20 and 29 years old was under correctional supervision or control. Among the nearly 1.9 million offenders incarcerated on June 30, 1999, more than 560,000 were black males between the ages of 20 and 39. At those levels of incarceration, newborn Black males in this country had a greater than 1 in 4 chance of going to prison during their lifetimes, while Latin-American males have a 1 in 6 chance, and white males have a 1 in 23 chance of serving time. The United States was incarcerating African-American men at a rate that was approximately four times the rate of incarceration of Black men in South Africa. The rate of imprisonment for black women was more than eight times the rate of imprisonment of white women; the rate of imprisonment of Hispanic women was nearly four times the rate of imprisonment of white women. We can trace those disparities directly to discriminatory and selective enforcement of the drug laws. Most illicit drug users were white. There were an estimated 9.9 million whites (72 percent of all users), 2.0 million blacks (15 percent), and 1.4 million Hispanics (10 percent) who were illicit drug users. Yet, blacks constituted 36.8% of those arrested for drug violations, over 42% of those in federal prisons for drug violations and almost 60% of those in state prisons for drug felonies; Hispanics accounted for 22.5%. Drug laws had become the new Jim Crow. Texas was particularly bad. By 2000, there were more Texans under criminal justice control, 706,600 -- than the entire populations of Vermont, Wyoming or Alaska. Texas’s incarceration rate of 1,035 per 100,000 population tops every state but Louisiana. If Texas were a separate nation, it would have the world’s highest incarceration rate, well above the United States at 682 per 100,000 or Russia's 685.  The state's prison population had tripled since 1990, rising more than 60 percent in the past five years -- from 92,669 to 149,684.  Black Texans were incarcerated at a rate seven times that of whites -- and at a rate 63 percent higher than the national rate for blacks.  Blacks supplied 44 percent of the inmates in Texas although they constituted only 12 percent of the state's population.  More than half of all Blacks were in jail in Texas for nonviolent offenses. They ended up picking cotton, herding cattle or, contracted out as labor to assemble computers. Then came 9/11. Criminal justice reform took a backseat to terror wars until those wars too lost all legitimacy. It was not until the election of Barack Obama and the appointment of Eric Holder that the real roots of this massive, fraudulent, unjust war on drugs began to be addressed. Over the course of that presidency, states were allowed to advance their experiments with medicinal and later adult use marijuana. Civil asset forfeiture at the federal level was reigned in and the use of private, for-profit prisons was curtailed. A key part of this reform was a statement of guiding principles for federal prosecutors regarding marijuana. These guidelines allowed states to proceed with some predictability in their local marijuana programs. Mr. Sessions has undone all of this. Why is this important? Because the numbers have only grown worse. An African-American in Michigan is three times more likely to be arrested for violating marijuana laws compared to a white person, although surveys and research indicate little difference between usage rates between the two groups. In all, African-Americans comprise about 14 percent of Michigan's population, but 35 percent of marijuana arrests. Overall, African-Americans in Michigan are incarcerated at roughly five times the rate of whites. The numbers in the white flight counties of the Eastern District of Michigan are even more unconscionable. In St. Clair County, African-Americans make up 2.5% of the total population yet account for 43% of arrests for drug law violations. In Oakland County, African-Americans make up 14.4% of the population yet account for 48% of arrests for drug law violations. In Lapeer County African-Americans make up 1.2% of the population yet account for 10.4% of arrests for drug law violations. In Genesee County African-Americans make up 20% of the population yet account for 76% of drug arrests. This according to the U.S. Bureau of Justice Statistics. Medical marijuana patients and programs are squarely in the cross-fire of a war with deeply racial roots. We say that the only citizen more vulnerable to police misconduct than a young black male in Texas is a medical marijuana patient in Michigan. Mr. Sessions knows all of this. It is in his blood. In his name. This is not accidental. Mr. Sessions and his ilk want to return us to an age when names like Jefferson Davis and P.G.T. Beauregard are names to be proud of and ditzy slogans like “just say no” and “good people don’t smoke marijuana” substitute for real science. Mr. Sessions war is arbitrary, capricious, and racist. His dismissive memo merely enshrines the worst of policies and promotes selective and discriminatory enforcement of the law. Can a community that has been abused for years by a corrupt, federal, militarized police force that is selectively enforcing the law on the basis of race organize to end its oppression? Yes. See e.g. the American Revolution. In 1776, the British Redcoats had become a federal military police force with wide ranging powers to enforce the contraband laws Then, as now, most contraband consisted of drugs, primarily tea and tobacco. Then, as now, the police were allowed to issue “writs of assistance” (roving search warrants devoid of probable cause) allowing them to seize and keep the property of those persons believed to be illicitly trafficking. Then, as now, such power and temptation corrupted the police authorities, resulted in selective enforcement of the law and produced wide scale violations of God-granted liberties. Then, the community organized to resist. The Boston Tea Party, the American Revolution and the Bill of Rights ensued. Among the rights enshrined is the right to organize and to oppose abuses by a federal, corrupt, militarized police force. 2nd Amendment to the U.S. Constitution. “I thought those guys (the KKK) were alright until I learned they smoke pot.” -- Jefferson Beauregard Sessions III    
  • Michael Komorn

    Warrantless Wiretapping Encourages Constitutional Rights Abuses

    By Michael Komorn

    Warrantless wiretapping is a terrible idea and is unconstitutional. It was created at a time when America was thought to be at WAR with the terrorists. 17 years later, America was always at war with the terrorists. Illegal wiretaps of all communications continue, but are solely focused on Americans, and more specifically focused on the war on drugs, not terrorism. Not to be outdone, the NSA and DEA know that their secret illegal wiretaps are illegal and would not be used as evidence in the courts, so they have created "parallel construction". Parallel construction means to assemble the evidence while hiding the source of the information. This means automatically denying the right of the accused to see the evidence and witnesses presented against him. A long held tradition that any evidence used against you in court must be scrutinized for constitutional issues and be legitimate and truthful. https://www.reuters.com/article/us-dea-sod/exclusive-u-s-directs-agents-to-cover-up-program-used-to-investigate-americans-idUSBRE97409R20130805   https://www.techdirt.com/articles/20140203/11143926078/parallel-construction-revealed-how-dea-is-trained-to-launder-classified-surveillance-info.shtml   Why are the Democrats voting with the Republicans to give President Trump these powers to illegally spy on everyone ? It makes no sense. Where is the #Resistance ? Probably the secret blackmailing files have already been completed on all of the congress members and now the NSA controls our government and other countries' governments forever.   https://www.wired.com/story/fisa-section-702-renewal-congress/ It is a strange web that has been cast over the entire world. Other countries have teamed with AT&T and the NSA to spy on internet, phone and email communications of all citizens and data passing through their systems. https://www.npr.org/2013/10/23/240163063/government-changes-policy-on-warrantless-wiretap-defendants http://www.nytimes.com/2005/12/16/politics/bush-lets-us-spy-on-callers-without-courts.html

Thoughts Of The Day

Yes, on question 1. Very important to paint your walls and create a reflective perimeter around the garden. Research it. Some refelctive surfaces create hot spots and would be a bad choice.   Harvesting clear and cloudy the high is mellow and long lasting. It can last for 6 hours. It draws the yeild way down.   But that's true medical grade marijuana. Pot that works for the user and is harvested by the tri-chrome rather than the bud.   Different tri-chrome levels render entirely different expderiences for the same plant. So, it's all about dialing it in. You'e got to grow the same plant more than once to push its potential.   I also experiment with dosing with fertilizers. I used to feed straight water mostly. Now I'm feeding every time.   It alters the taste, texture and flavor. Every little element creates a change. So it's important to grow the same strains more than once to get a feel for their potential. Especially from clone.   Next, I want to grow Purple OG Kush. I like everything about it. And, I'd like to dial it in. and play with it.   I used all kinds of techniques with my grows. I'm learning how to use them all and apply them to different breeds and varieties.   If you do something a different way, it affects yeild and taste and burnability. Of course there's that perfectly uniform commercial grade where the person is playing it safe. But I like to experiment as a hobby grower, even though I grow medical.   I'm not doing uniform production, I'm running every technique in the book. SOG, SCROG, LST, HST, supercropping, canopy design, daily rotation, rotating upon watering, automated watering, forever trying diferent techniques on different plants.   All 100% Organic. Even the hydro and bio-hydroponics is all 100% Organic. Even my pH adjusting solution is organic and food grade.   I did this one grow where I hand tied the entire canopy and desind it by eye. I bent the branches to fill in the light, and left it to grow, adjusting with new ties to acommodate and sometimes moving a stake, but basically leaving it there for the entire grow until harvest, and my yeilds skyrocketed with only 2 plants. I did a little rotation, but it was mostly concrete.   This weekend I did Hash Bash and built my buckets on Friday. 100% Organic, DWC. Deep Water Culture.   It's bubbling as we speak, and I need to add a drill hole and plug in one of my grommets, that's it, it's done. I even spray painted mine, using a Home Depot bucket. One broke and I need to repair it.   Maybe you fertilize every 48 hours, maybe you fert every 2 weeks. Maybe the doage is 1 tsp, maybe it's 3 tbsp.   I also grow in Coco. I've grown in custom soil. I've grown in premium cactus soil. I'm growing in worm castings now. I'm growing with worm casting, coco and perlite combinations.   I think you need to try it all. Clone in perlite/vermiculite, clone in rockwool and in Root Riots coco plugs. Be patient and try it all.   I guess these are the garden based reasons for why I'm a gardener




Future Posting

I hate to say anthing, but...   I don't feel good about posting on the new forums. Why? Because all of the relationships from the old forums aren't toast, but all of the history is.   I don't have any trust that all of our new conversations aren't going to be toast as well. With that in mind, what's the point of posting?   I have about 500 posts on the old site, which I was SURPRISED to say the least. Now, all of that is gone. Or is it?   Waiting to see before I start participating here. I'm a NEW member at several other sites, and I'd rather put my time in there than live through another UPGRADE in 2011.   It was fun while it lasted.   The new site is leaps and bounds better than the old, but without our old conversations and identities, what's the point?   Time for more ICMAG and my new private board. I'm sure this site will survive... 'The Crash' and be bigger and better for it, but... not so sure I'd like to participate here anymore.   I put a lot of time into talking about grow topics, posting up some pictures and doing what I could to encourage participation and grow discussions. You know, to build the web site (and some friendships). Once was enough.   If you remember me from the old site, add me as your friend and maybe I'll come back in a day or two. I don't feel like learning something new and there's no old conversations going on. The rest of you guys get to start the new ones.   Have fun, and good luck.   Maybe it's a bleesing in disguise and I'll put some time into building up participation at the MOCC site. Macomb Oakland Compassion Club.




Newspapers of the World

Just follow the directions and it works great.   Newspaper Map   The front page of 557 newspapers in 57 different countries!     WHOEVER CAME UP WITH THIS IS REALLY GOOD..   Just put your mouse on a city anywhere in the world and the newspaper   headlines pop up...   Double click and the page gets larger....you can read the entire paper   on some if you click on the right place. You can spend forever here.   http://www.newseum.org/todaysfrontpages/flash/   Also, if you look at the European papers, the far left side of Germany will   pop up as The Stars & Stripes (European edition, of course). AND, this site       changes every day with the publication of new editions of the paper.       Hope you enjoy this.





This will be a good thing for the 3MA members once the new forum is up and running. I am hoping to see more people getting behind this movement and standing shoulder to shoulder as we move forward in the coming year. As our numbers continue to grow we will be a force the politicians will have to reckon with. With this new forum let us set aside differences and come together and put froth one voice to be heard around the world.



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    • Exactly why I always put it in a gel capsule. You can't taste it.  It all goes to the same place at the same time, the stomach. Totally repeatable and controllable. No repeats because it tastes great and you gotta have some more.  There's no use for making cannabis into candy. That puts cannabis oil into a position to be used incorrectly and abused knowingly or unknowingly. It's a very bad thing for medicine and anything else you should be keeping away from children and/or adults that can't handle keeping their dosage straight and consistent.  We have all seen industries using bad packaging and misconstrued concoctions that invite trouble from everyone especially the opposition. Cannabis doesn't need to go there too but it has, regrettably. It's just plain ignorant at this point.   
    • Doesn't look like art to me. I guess you would have to have a better understanding of art than I do to see it. All I see is false advertising. Fakeness. I guess I see your point having said that. Art doesn't have to be real. It's art because it IS fake. This 'art' stuff is in the eye of the beholder and fake can be what it's all about. 
    • You're on a blog called "The Art of the Marijuana Industry". "Art" as in the graphic and packaging design trends within the industry. Hence the beginning of the sentence you addressed, "I've yet to find the designer...". Let me know if there's anything else I can help out with.
    • Chocolate is outstanding for covering the sometimes unpleasant taste of cannabis. It also allows you to let it slowly dissolve in your mouth making it easier to control how it effects you.
    • If ONE needs chocolate then eat it. It has nothing to do with medical cannabis as a whole.   
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