Will Illinois Join the Ranks of Medical Marijuana States?

With fifteen states already having some form of medical marijuana law, and several new states drafting similar laws, it’s no surprise that Illinois has joined the ranks of those trying to pass such laws through state legislatures, despite being notorious for marijuana arrests, which are the sixth highest in the country.

A bill narrowly passed the Senate on May 27th, 2009 in Illinois. The bill’s status can be viewed here, and the actual text of the bill here. It subsequently cleared the House subcommittee, came up for a vote in the State House, but was not passed or denied. It will likely be revoted upon early next year. Currently, the Illinois General Assembly lists the bills status as “Placed on Calendar – Consideration Postponed.”  The bill will be repealed three year after going into law unless it is reapproved. If passed, the bill will go in law on July 1st, 2011.

Who will be able to use medical marijuana? It appears that Illinois will be much more restrictive than some states that have embraced medical cannabis, namely California, where almost anyone can get a cannabis registry card. Some say cannabis can and should be a medical treatment from severe to moderate conditions, including things such as depression and insomnia. Illinois will restrict medical marijuana to a much narrower group of patients.

Senate Bill 1381, also dubbed the Compassionate Use of Medical Cannabis Pilot Program Act, allow “physicians” to recommend medical marijuana to qualified patients, namely those suffering from “debilitating conditions,” permitting them to possess up to two ounces of cannabis and up to seven plants, only three of which may be mature or flowering. The Public Health Department would issue registry cards for caregivers and their patients. Plants must be grown in a secure facility, and cannabis would not be allowed to be smoked in public or on school property.

They define debilitating medical condition as one of the following: cancer, glaucoma, HIV positive, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail patella, or “the treatment of these conditions.” The bill then goes on to define various symptoms or side effects that can result in a cannabis “prescription.” Among these are seizures, severe muscle spasms, intractable pain, severe debilitating nausea, or other medical conditions or treatments approved by the Department of Public Health.

In sort, the Act has the following restrictions:

“Provides that the Act does not: (i) allow the use of cannabis if that person does not have a serious or debilitating medical condition; (ii) allow any person who is not allowed to use cannabis under the Act to use cannabis that a cardholder is allowed to possess pursuant to the Act, (iii) transfer cannabis to any person who is not allowed to possess cannabis under the Act.”

Medical marijuana supporters from the Marijuana Policy Project have begun airing radio ads in Chicago, Peoria, the Quad Cities, and Rockford asking citizens to support this initiative. You can hear the ad here. According to a recent poll, 68% of the state supports legalization for medical use, while it is estimated that less than half support complete legalization. The MPP provides an easy way to contact your representative and let them know where you stand. If you support this pill, please do so.

I support the passage of the medical bill, but when will we set our sites higher? I don’t think a patient should be prosecuted for using marijuana as a medicine. But I find it equally appalling for someone to be arrested for recreational use. What right does a government, any government, or any entity have to tell someone else what they can or cannot put in their body? The notion is primitive, immoral, and absurd. I do think that the national medical marijuana movement, as well as some decriminalization we’ve seen, is a movement in the right direction. To those of you who no longer buy into governmental propaganda and unfounded social stigma, thank you. You give me hope that a free society is possible.

Again, if you live in Illinois, please contact your state Representative and let them know that you support this bill. Tell them you think they should vote yes. Calling is preferred, but even an email helps.

Big Brother Increases Internet Censorship and Regulation

We feared it would happen. We knew, with their lust for control, the federal government would eventually extend their reach upon the frontier of the internet. Though the federal government has always had some control over the internet, it’s been extremely limited. By and large, government intervention in regards to the internet has been minimal.

I believe that what makes the internet so incredible is the fact that it is unregulated, it is uncensored, and that the abundance and freedom of information adds tremendous value to our society. On the web, anyone can share their opinion or learn about anything they want without fear of punishment.

Apparently, that era is coming to an end.

Over the past few months, there have been a string of new government regulations and unjust violations that trouble me. A few of these actions involve the internet. Though most of these may appear only minor, they have some very strong implications. When reading this post, keep in mind that usually when the government gets involved in passing laws and establishing regulations, the laws are often abused or have unintended consequences. Domain seizures and censorship may just be the beginning.

Recently, the U.S. DOJ (Department of Justice) and ICE  (Immigration and Customs Enforcement) seized 82 domain names, allegedly in an attempt to cut down on the selling of counterfeit goods and distributing copyrighted materials, in what they called Operation in Our Sites v 2.0.

“The sale of counterfeit U.S. brands on the Internet steals the creative work of others, costs our economy jobs and revenue and can threaten the health and safety of American consumers,” said ICE Director John Morton. “The protection of intellectual property is a top priority for Homeland Security Investigations and the National Intellectual Property Rights Coordination Center. We are dedicated to protecting the jobs, the income and the tax revenue that disappear when counterfeit goods are trafficked.”

Perhaps preventing the sale of counterfeit goods and stopping copyright infringement is a good thing. But every U.S. citizen should have a problem with this. Should the ICE Homeland Security Investigation division make copyright protection a priority, when when they are also supposed to protect the United States against terrorist and other criminal organizations who threaten our safety and national security? Sounds like their priorities are in the wrong place. More importantly, should a federal government agency be able to seize domain names to fight crime? Apparently law officials had proper warrants, but it seems to me a website shouldn’t be shut down until it is proven to be illegal in the court of law.  Here is a list of domain names taken, and here is the notice posted on seized websites. The seizure of one domain name, Torrent-Finder, is particularly troubling. Not only was their no notice from law enforcement prior to the seizures, but the website hosted no illegal content, it only linked to it. What happened to due process? Due process is supposed to protect individuals from the state. In our country, you’re supposed to be innocent until proven guilty, but really you’re viewed as guilty until proven innocent. If the government intends to deprive you of property, one should be entitled to notice and judgment within court from a nonbaised judge or jury.

On a more significant note, there is currently a bill in Congress, the Combating Online Infringements and Counterfeits Act (COICA) which would call for internet censorship. The bill would create a blacklist of censored domain names. It passed the subcommittee with a unanimous vote, and it awaiting a full Senate vote. The primary purpose of this pill would be to stop copyright infringement websites, such as Rapidshare or ThePirateBay. The problem with this bill is that it allows the Attorney General to censor a website without a warrant or trial. This is an extreme burst of power to the government. Other countries such as China already has similar legislation, allowing them to block any website the disagree with.

Perhaps the best example is the “tank man” in Tiananmen Square:

Censored in China

The scary part is that while this event is extremely famous worldwide, within China, where the event took place, it is virtually unknown. The Chinese government has blocked the images through internet censorship.

The internet blacklist in the United States may start by censoring illegal websites that infringe on copyright, but the government would have the power to censor just about anything – even websites promoting ideas the government is not fond of. It is an extremely slippery slope, and this tyrannical path would perhaps become inevitable. Think about it; the power of censorship could be incredible. Within years, America could have a blacklist reminiscent of “the Great Firewall of China.”

If this bill were to pass, it would be a tremendous blow to free speech. Please consider signing this petition if you’re against this bill. Can we really afford to give up this degree of freedom of speech and information?

Another issue not really in the public eye is the FTC’s endorsement of “do not track” in online marketing. The FTC issued a report that proposed a framework that supposedly attempts to protect the interest of consumers against electronic media that relies on information collected from consumers. In theory, this method to prevent tracking would allow consumers to choose whether to allow data collection of browsing, searching, and similar online activities. Fortunately, this is only a policy recommendation and not law. The Do-Not-Track option would allow consumers to opt out of third-party tracking, which primarily results in targeted advertisements.

Direct Marketing News had this to say: “The FTC specifically suggests the Do-Not-Track mechanism take the form of an add-on to the browser, similar to a cookie. Consumers ultimately would be able to check a box that would transmit their preference to opt out of tracking to websites as they surf the Web. Companies would be held accountable for failing to honor the option the consumer chooses. The FTC said it hopes this will prevent consumers from the need to opt out on a company-by-company or industry-by-industry basis.”

I believe that consumers should be informed when their data is collected; however, prohibiting tracking is a step in the wrong direction. One of the primary uses of online data collection from consumers is used to provide consumers with relevant, targeted advertisements. As the internet has grow, ads have grown less intrusive and more integrated. Targeted advertisements are actually a good thing for consumers, as it displays relevant information that they may legitimately be interested in. Targeted advertisements are good for everyone – the consumer, the seller, and the middlemen hosting the promotions. It’s almost as if the FTC has nothing better to do, so they decide to make some arbitrary rules that do harm rather than good.

Another important internet issue, one that needs it’s own post, is the current WikiLeaks situation and Operation Payback (ddos attacks on Mastercard, Visa, and Paypal).

Here are some of the most notable points in the below video by Nicco Mele. “I absolutely think this is something we should admire. They’re standing up for political values they believe in. I’d argue it’s the only value the internet may have….I do think there was an act of political paranoia where paypal will let you give money to the KKK but not to a platform for whistleblowers?… I tend to think of the internet as a way for people to interact with each other to bypass institutions.”

With that, I’ll leave you with this video to ponder (at least until it gets taken down – again):

Take Care & Live Free

DEA Ban on “Synthetic Marijuana” Will Endanger Consumers, Not End “Legal Highs”

“Synthetic marijuana” brands like Spice, K2, and other herbal blends are sold in headshops across the country as incense. Headshops can get away with selling these products because, as incense, they’re not intended for human consumption. The chemicals on many of these legal high blends will soon become Schedule 1, due to a  DEA emergency ban that makes the chemicals illegal within thirty days. The chemicals named are JWH-018, JWH-200, CP-47,497, JWH-073, and cannabicyclohexanol. This temporary emergency ban will make these five chemicals illegal for at least a year while they are further studied. Of course, one can say with reasonable certainty that once these studies are concluded, these chemicals will remain scheduled. The ban goes into effect thirty days after the DEA announcement, leaving users several weeks to purchase remaining inventory.

Several states have already banned some of these chemicals, but this new ban is a federal ban. One of the reasons given for the ban is that these blends have send several users to the hospital, typically for some sort of panic attack. However, these reports are the minority.

Since these chemicals are fairly new to human use, it is reasonable to say that we don’t know much about their health profile or any long-term effects. However, we should recognize that the only reason people turn to these legal blends is because they are seeking the marijuana-like high. If cannabis was legal, there would be nearly no demand for these chemicals like JWH-018, which have little history of human use. Why would someone cho0se to smoke a herbal blend, made with a potentially-dangerous chemical that has little known about it, in order to get a cannabis like high? They wouldn’t. Cannabis would be a much safer alternative to these so-called “legal highs.”

The drug war has failed, and more and more people are waking up to this. This is especially true in relation to the marijuana prohibition, as can be seen by the enormous increase in calls for legalization across the country.

The recent ban is a bad thing for many reasons, but primarily because once these five chemicals will be banned, creators of legal highs will continue to be innovative. There are potentially hundreds of related chemicals that are cannabinoids, including a score of JWH alternatives, some even more potent. There are likely many potential cannabinoids that haven’t even been synthesized yet. While some of these may be covered under the Analog Act, it is likely many of them may not. This means that legal, marijuana-like blends will not go away – they will simply become more dangerous to the consumer.

The recent DEA ban will primarily do two things: cause users of JWH to return to marijuana (which is safer, albeit illegal), and cause designer drug groups to create new, legal cannabinoid blends that will have similar or near-identical effects. The problem with this should be obvious; these new drugs will hit the market, but they even less history of human consumption or testing than the chemical the DEA just banned. By banning a drug with a history of human use, the DEA is essentially forcing people to turn to riskier, less-known alternatives; banning these alternatives will make users turn to even more potentially dangerous alternatives!

Even if the DEA banned every drug known to man, there would still be a demand for these drugs. If there’s a demand, the market will provide them, even if at a higher price or more risk to the consumer. It’s time for the DEA to change it’s strategy; rather than ban and prohibit drugs, the U.S. government should begin to look at drug use/abuse as a health issue, rather than a crime. After all, there is no victim.

I predict that the companies that currently sell the legal highs with the banned chemicals will not vanish entirely; rather, they will adapt. These companies are doing nothing wrong and technically nothing illegal; they are merely providing a product and service for which there is a great demand in America. Is that so monstrous? The Drug Enforcement Agency is the real criminal here. By perpetuating the marijuana prohibition, which is completely illogical, immoral, and maybe even unconstitutional, they help endanger the citizens our government is supposed to protect.

Fourth Amendment? What Fourth Amendment?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

It is another sad day when it comes to our constitutional rights. The fourth amendment – which protects our rights against illegal searches and seizures – has essentially been nullified. Wednesday, the Supreme Court ruled that evidence obtained illegally should still be valid in court as long as it was obtained as a result of a police error or mistake.

The case arose as a result of police entering the Alabama home of Bennie Dean Herring when they thought they had a warrant, when they legally did not. The warrant in question had been recalled over 5 months earlier, yet the police proceeded to act on it. Chief Justice Roberts said the evidence could be used “when police mistakes are the result of negligence such as that described here, rather than systemic error or reckless disregard of constitutional requirements.”

The Supreme Court ruled 5-4 on this issue. Ironically, the court recognized that this case violated Bennie Herrings 4th Amendment rights, yet they upheld the drug and gun conviction.

Up until this ruling, evidence obtained illegally – regardless of it was done intentionally or by mistake – would be thrown out of court.

The fruit of the poisonous tree doctrine has been what courts have followed; essentially, evidence obtained through information that has been illegally gathered is not admissible in court. Essentially, this doctrine has also been thrown out as long as the illegal gathering of evidence was because of a “police mistake.”

The real problem here, aside from the blatant disregard for the Bill of Rights, is that there is no method of determining what was a police mistake and what appears to be a police mistake. This has long since been a problem, but now it’s bound to increase drastically. If an officer illegally enters my home, finds evidence of something illegal, but did not realize he didn’t have a warrant, that is one thing; but if an officer pretends he didn’t know he didn’t have a warrant yet the evidence is still admissible in court, that is another thing entirely.

Many people will not realize the importance of this decision. This decision by the court will have long-term consequences. By the time the average American realizes it, it will be too late. Our fourth amendment rights are essentially gone, unless we keep our trust in the honesty of individual police officers (which I’m not too keen to do).

This is yet another step towards a police state. A huge step. In my mind, this is much worse that the illegal Bush wiretapping without a warrant. Now they can not only wiretap without a warrant, they can search your home!

Predictions For the Next 4 Years

It’s been a few weeks since Barrack Obama won the Presidency, and already we’re seeing signs of his pro-government, socialistic tendencies. I’m not saying we’d necessarily see something radically different from John McCain, but Barrack Obama is the current President Elect and we must deal with it for at least four years.

In fact, additional bailouts are already in the making. The Fed has already planned to pump $800 billion more into the economy to stimulate growth. Where will this $800 billion come from? Why, the Fed will print it up, of course. This, coupled with the previous bailouts and the likelihood of more bailouts under the Obama administration will likely result in hyperinflation. Admittedly, it’s not solely the fault of President Elect Obama – this problem has been in the works for some time; some would even argue that it was inevitable because our current monetary system is based on debt and run by a faulty Federal Reserve.

Ryan Sheets, a user on Campaign For Liberty sums it up well:

“If Obama’s 500 billion and this 800 billion goes through, added to the 1.5 trillion from earlier this year we have effectively increased the money supply by 2.8 trillion dollars in a single year. That’s 20% of our GDP in a SINGLE YEAR! Our dollar just lost 16.67% of its value.”

On a more positive side, we’re likely to see less foreign involvement under the new administration. While I don’t think we should radically rush out of Iraq, I think a general reduction of foreign bases and involvement would be beneficial.

We’re likely to see some proposition of stronger national gun control laws, possibly matching those of Illinois. It’s unlikely the Obama administration will succeed, but I would not be surprised if they attempted a repeal of state concealed-carry laws. The fear of increased gun control is widespread. The weak of the election saw a 49% increase on the requests for background checks for new firearms.

We’re also very likely to see the socialization of the healthcare system, which is it’s own can of worms. It would not be surprised to see an increase in government provided services and more government involvement. Because he supports a “redistribution of wealth,” we will undoubtedly see an increase in taxes and regulation for businesses, and more welfare related programs for the poor.

I recently stumbled onto this page that details the promises that Obama made, the one’s he’s kept, and the one’s he’s broken. It’s supposed to be updated throughout his time in office. A big thanks to the All American Blogger for providing this page.

  • RSS
  • Twitter
  • Facebook