So-called Civil Forfeiture: Another Cannabis Prohibition Fiction

Bear witness with me please to the end of what has been nothing less than a slow and torturous cannabis prohibition persecution, sorry, prosecution of a most decent fellow named Bernie Ellis. On his bucolic and much-loved Tennessee farm Mr. Ellis we arrested and prosecuted for growing a small amount of cannabis, much of it shared with nearby sick, dying and sense-threatened medical patients–including some of Mr. Ellis’ closest neighbors.

For this ‘crime’ against the state he was sent to prison, lived in halfway houses, suffered through probation and dozens of drug tests, and, if that was not enough, the government wanted even more flesh in the form of Ellis’ beloved farm. As if arrest, prison, probation and drug test were not enough, the government also wanted Ellis property.

Eight years after Ellis’ arrest, the final chapter on the incident appears to have been written last week at an auction house sixty miles from the scene of the ‘crime’.

The question for many is, was the crime cultivating medical cannabis or the government ‘stealing’ Mr. Ellis’ property? In their misdirected war against cannabis consumers, every year in America tens of billions of dollars in cash and other valuable assets (i.e., land) are seized by states and the federal government.

Rather than twist the beautiful and freedom-giving US Constitution into a pretzel when trying to seize a citizen’s land for an act most citizens don’t consider a crime, let alone a major crime, state and federal government should employ a constitutional-friendly, non-adversarial, logical and decidedly low tech way to cease the legal sophistry of so-called ‘civil’ forfeiture for cannabis-related ‘crimes’: tax stamps (the same way far more deadly and addictive products like tobacco and booze are legally controlled).

To medical cannabis activists: This is a long note I sent out this morning to the 500+ people who have followed my eight year battle with federal weasels for the crime of growing cannabis and giving it away to four terminally ill neighbors. I hope that this story illustrates once again the importance of your work and the necessity for strong and persistent voices for science, common sense and compassion. Keep up your good work and I will try to do the same. Bernie Ellis, MA, MPH

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Good (really) early morning, all y’all. It is just past 4:20 am Friday morning in my Tennessee deep hollow home as I start this message, though I have already been up an hour. I’ve already had my quart of coffee, my quiet time on the porch with my two dogs and the young brown bats that play tag above my head on my front porch, before the sun gets up. I have soaked in the claw-foot tub, and dressed for the day, in shorts, work-boots and (for the moment) my favorite t-shirt from 10,000 Waves out west in the other Santa Fe (NM), on the high road up their mountain.

Most of the pieces I share with all y’all about my life and my views, both considerably colored by my eight year dance with federal weasels over my federal medical marijuana case, have been written quickly, as soon as the incident or the urge allows. This one, for several reasons I am well aware of, has taken longer to start. What follows is (and will be) my memory of witnessing our government sell part of my farm for the crime of growing pot … and giving it away to four dying neighbors.

I could have written this down Wednesday evening, but instead I sat around a friend’s kitchen table, with his wife and his kids, to let the day out somewhere I would not be alone (and where I would certainly be understood). These folks have been my friends for 30+ years and they are the most complete married couple I know. They were the right place to start this process Wednesday evening.

I also could have written this any time yesterday – Thursday. Instead, I took advantage of our recent three inch rain to pull more pliant weeds in my late summer Garden all day, to begin the process of building my bookend compost piles, to the north and south of my raised-bed rows, with the offal, the refuse, the wild growth (what little of it) still inhabits my 40+ year organic bread-basket that breaths just beyond my front-porch — my Garden. She kept me busy and distracted almost all day (with the help of some donated sour diesel from a Nashville friend that provided more reflective fuel for my internal fire). The more time I spent with Her,the more it was clear that She had been neglected by me in the past minutes and seconds, as my hip and the impending loss of my land intervened. Yesterday, I began to make amends to Her and we worked together for hours, Her donating the random weeds that had sprouted in Her presence and me accepting them as a deposit on next year’s abundance.

So, after two days of cogitating, here goes. On Wednesday, I drove 60 miles – one way – to witness our government sell some of my land at what should have been the final chapter in my fight to save my farm. The thing is, in saving most of my farm, I have learned just how far my country – or the fundamental, freedom-loving foundation of it – has been lost in our war on (some) drugs. So read and weep (or get mad as hell) and let me hear from you. All y’all — my flesh-and-blood and virtual friends, my fellow warriors for science, common sense and compassion, my fellow protectors and benefactors of the Goddess (and the rest of you too.)

Here goes …. (more…)

America Must Wean Law Enforcement From Their Marijuana Arrest Addiction

By George Rohrbacher, Member, NORML Board of Directors

In America since 1965, there have been 21 million arrests for marijuana, 9 out of 10 for quantities of an ounce or less. Over 800,000 were arrested for pot last year, with people of color and the young being arrested and incarcerated in hugely disproportionate numbers. Under current Washington State law, if arrested for possession of even the tiniest amount of cannabis, a person faces a mandatory night in jail, handcuffs, mugshots, fingerprints, and a criminal record that, thanks to the internet and data-mining, might follow a person for the rest of their life.

The Mexican Cartels have murdered tens of thousands of people in their own country and now their violence is spilling over the boarder into America. Sales of marijuana in the US are estimated to account for half of the Cartels’ revenue stream. By simply legalizing pot, by taking the business and the profits of marijuana out of the hands of these criminals, taxing and regulating cannabis would be a devastating blow to organized crime. And at the same time, regulation would ensure our citizens that standards of purity and potency had been met.

California, Oregon and Washington have all had marijuana legalization initiatives filed this year. California’s initiative already has enough signatures to qualify for the ballot, and recent polling of likely voters found that 56% plan to vote, “Yes”, on the measure come November. California’s Board of Tax Equalization has estimated that the legalization of cannabis will bring $1.4 billion in new tax revenues to the state’s cash-strapped municipalities.

This month, a Pew Charitable Trust poll found that 73% of all Americans are in favor of legal access to marijuana as medicine. Used as medicine for over 4,500 years, the DEA’s own Chief Administrative Law Judge, Francis L. Young ruled: “Marijuana, in its natural form, is one of the safest therapeutically active substances known to man…” Without even holding a hearing, and over the objections of the American Medical Association, all uses of cannabis were outlawed by Congress in 1937. Since California’s passage of Prop 215 in 1996, 14 states have now taken back their medical marijuana rights from the Feds. Much safer than aspirin (gastric bleeding, death) or Tylenol (liver damage, death), marijuana is safer than virtually every other over-the-counter and prescription medicine for sale in America. Cannabis is also far safer, as a recreational drug, than either the very speedily deadly alcohol or the slowly lethal tobacco. Marijuana is not only safer for the individual, but it is safer for the society, too. A Seattle Police Sgt. patrolling Seattle Hempfest’s cannabis-imbibing 100,000 person crowd told me, “…compared to the crowds coming out of Safeco or Quest field after a game, patrolling Hempfest is like patrolling a Girl Scout picnic.”

Through my own recreational use, I discovered marijuana the all-natural non-toxic pain medicine with far less severe side-effects than the prescription alternatives. I believe cannabis should be legal for medical, recreational, food and fiber uses. Cannabis should be legal for American farmers to grow. If cannabis is legal for all, sick people will be able to get it. Ending this prohibition, America must also wean law enforcement from its 70-year-old marijuana arrest addiction. Cannabis use didn’t turn either Michael Phelps or Barack Obama into a couch potato or a loser. It’s time to legalize it. Tax and regulate marijuana…Now.

George Rohrbacher is a retired cattle rancher, former WA state senator (R), former Commissioner of Columbia River Gorge National Scenic Area, currently serving on the NORML Board of Directors (For additional information please review the titles of two of the blogs I’ve written for the NORML blog: “Confessions of a Medical Marijuana Patient” and “Marijuana Prohibition and Fatherhood”)

This essay was originally published in the Peninsula Daily News on May 4th.

Cops: “We Don’t Make the Laws, We Just Ignore Them”

For the third consecutive year, pot arrests are up in the city of Denver. Why is this news? It’s news because Denver voters have twice since 2005 passed municipal initiatives ordering the cops to stop making minor pot busts. Yet, as the New York Times reports, local cops have chosen to do just the opposite — with the city’s assistant attorney bragging, “There has not been a policy change.” (more…)