The following is a synopsis of the proposed Bills currently in House and what they mean to us.
AN ACT relating to crimes and punishments.
Amend and create various KRS sections to convert certain misdemeanors to pre-payable violations and set fines.
Feb 5-introduced in House
Thru the DIRECT LINK above can be found the newest version of the Kentucky “decrim” bill.
The highlights for the cannabis users are below:
(1) A person is guilty of possession of marijuana when he or she knowingly and unlawfully possesses marijuana.
(2) Any person who violates this section shall be fined one hundred dollars ($100) for each offense
(1) “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes but is not limited to:
(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(i) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips which mean objects used to hold burning material, such as marijuana cigarettes, that have become too small or too short to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers.
My opinion on this bill is that it is a “ lesser of the evils” for us and that is IT. Period.
In fact I am not sure how much of a lesser evil it really is when you consider that this is not any form of legalization at all. It is just a reduction in the punishment for an illegal activity.
AN ACT relating to marijuana.
Amend KRS 218A.1422 to make the possession of two ounces of marijuana or less a violation punishable by a maximum fine of $75; amend KRS 218A.1423 to make cultivation of five marijuana plants or less a Class B misdemeanor; name the Act the Kentucky Cannabis Freedom Act.
Jan 9-introduced in Senate
Feb 3-to Judiciary (S)
Thru the DIRECT LINK above can be found the first version of the Kentucky “decrim” bill as shown below.
(1) A person is guilty of possession of marijuana when he or she knowingly and unlawfully possesses marijuana.
(2) Possession of two (2) ounces of marijuana or less shall be a violation that is punishable by a maximum fine of seventy-five dollars ($75).
(3) Possession of more than two (2) ounces of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 to the contrary notwithstanding, the maximum term of incarceration shall be no greater than forty-five (45) days.
âSection 2. KRS 218A.1423 is amended to read as follows:
(1) A person is guilty of marijuana cultivation when he knowingly and unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer it.
(2) Marijuana cultivation of six (6)
[five (5)] or more plants of marijuana is:
(a) For a first offense a Class D felony.
(b) For a second or subsequent offense a Class C felony.
(3) Marijuana cultivation of fewer than six (6)
[five (5)] plants is [:
] a Class B misdemeanor
[(a) For a first offense a Class A misdemeanor.
(b) For a second or subsequent offense a Class D felony].
(4) The planting, cultivating, or harvesting of six (6)
[five (5)] or more marijuana plants shall be prima facie evidence that the marijuana plants were planted, cultivated, or harvested for the purpose of sale or transfer.
âSection 3. This Act shall be known and may be cited as the Kentucky Cannabis Freedom Act.
My opinion on this Bill is that it would be the better of the two “decrim” Bills submitted because at least there is a “grow” clause in it as long as you are not “trafficking”. However, Marijuana still remains illegal and prohibited by law under this Statute as well. The laws are all about the “control” issue. Either way they continue to make money at our expense for growing and using a “plant”. As well as the fact that we remain criminals.
Last but not least is the :
Medical Marijuana Bill Kentucky 2015 , SB 43/LM/CI (BR 287)
AN ACT relating to medical cannabis.
Create various new sections of KRS Chapter 218A to establish a comprehensive system for medical cannabis in Kentucky, including provisions for medical verification of need, persons allowed to cultivate, use, and possess the drug, organizations allowed to assist in providing the drug, regulation by the state Department for Public Health, interaction with state and local governments, including law enforcement, with persons and entities coming within the purview of the Act, and the establishment of required reporting and review procedures; amend KRS 218A.040 to conform; name the Act the Cannabis Compassion Act.
Jan 7-introduced in Senate
Jan 13-to Licensing, Occupations, & Administrative Regulations (S)
READ AS FOLLOWS: Direct Link to Bill
For the purposes of Sections 1 to 25 of this Act, unless the context otherwise requires:
(1) “Bona fide practitioner-patient relationship” means that:
(a) A practitioner and patient have a treatment or consulting relationship, during the course of which the physician has completed an assessment of the patient’s medical history and current medical condition, including an appropriate personal physical examination;
(b) The practitioner has consulted with the patient with respect to the patient’s debilitating medical condition; and
(c) The physician is available to or offers to provide follow-up care and treatment to the patient, including but not limited to patient examinations;
(2) “Cannabis” means all parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances. The term “cannabis” does not include industrial hemp as defined in KRS 260.850;
(3) “Cardholder” means a qualifying patient, visiting qualifying patient, or a designated caregiver who has been issued and possesses a valid registry identification card;
In my opinion this is an all out medical marijuana bill with all the regulations, Doctors, Pharmaceutical entities as well as Dispensaries lined up in a row. Once again, Freedom is not involved here. It is regulation at its finest through all aspects of the Government. If it is regulated medical marijuana that a patient is looking for then this would be the Bill for them. For many people it may be a good thing. However, it still does not free the Cannabis plant to the general public and the Statutes of controlled substances will still be alive and well with this Bill.
This is three options that we have in Kentucky that may or most probably won’t pass this year anyway. But not one of these options repeals prohibition even on a State level and will still open up persecution of those choosing to use Cannabis which fall short of the guidelines set by the State Government even if one or more of them are passed.
I still believe the only way to get society at large out of the mouth of the prison industrial complex for using Cannabis in any form is REPEAL of all laws pertaining to the Cannabis plant!
Prohibition did not work – Neither will Legalization – It is time to REPEAL and nullify unconstitutional Statutes regarding the cultivation and use of Marijuana on a Human level!
Category: USMJParty Published on Wednesday, 04 September 2013 13:06 Written by Sheree Krider Hits: 5561
Because of the danger that Hitler might be the first to have the bomb, I signed a letter to the President which had been drafted by Szilard. Had I known that the fear was not justified, I would not have participated in opening this Pandora’s box, nor would Szilard. For my distrust of governments was not limited to Germany” (Albert Einstein: Historical and Cultural Perspectives)
Why “Repeal Prohibition”? History tends to repeat itself. Therefore if we do not learn of our past then we are not prepared to go forward into the future.
Prohibition has been an issue since Government’s have existed.
There is a big conflict in the Cannabis movement at this point between “Legalize, Tax, Regulate”, etc., as opposed to REPEAL of the Prohibition which made it “illegal” to begin with.
The following links give some background information on the issue of Repeal.
Prohibition in the United States was a national ban on the sale, production, and transportation of alcohol, in place from 1919 to 1933. The dry movement was led by rural Protestants in both political parties and was coordinated by the Anti-Saloon League. The ban was mandated by the Eighteenth Amendment to the Constitution, and the Volstead Act set down the rules for enforcing the ban and defined the types of alcoholic beverages that were prohibited. Private ownership and consumption of alcohol was not made illegal under federal law, but in many areas local laws were stricter and some states banned possession outright. Prohibition ended with the ratification of the Twenty-first Amendment, which repealed the Eighteenth Amendment, on December 5, 1933.
Pauline Sabin (1887–1955) was a New Yorker who founded the Women’s Organization for National Prohibition Reform (WONPR) in 1929. Time recognized her work promoting the repeal of prohibition by featuring her on its cover on July 18, 1932.
The Cullen-Harrison Act, signed by President Franklin D. Roosevelt on March 22, 1933, authorized the sale of 3.2% beer (thought to be too low an alcohol concentration to be intoxicating) and wine, with the first legal beer sales since the beginning of Prohibition on January 16, 1920. In 1933, the state conventions ratified the Twenty-first Amendment, which repealed the 18th Amendment. The amendment was fully ratified on December 5, 1933. Federal laws enforcing Prohibition were then repealed.
The Harrison Narcotics Tax Act (Ch. 1, 38 Stat. 785) was a United States federal law that regulated and taxed the production, importation, and distribution of opiates. The act was proposed by Representative Francis Burton Harrison of New York and was approved on December 14, 1914.
“An Act To provide for the registration of, with collectors of internal revenue, and to impose a special tax on all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes.” The courts interpreted this to mean that physicians could prescribe narcotics to patients in the course of normal treatment, but not for the treatment of addiction.
Although technically illegal for purposes of distribution and use, the distribution, sale and use of cocaine was still legal for registered companies and individuals.
The American Medical Association (AMA) opposed the act because the tax was imposed on physicians prescribing cannabis, retail pharmacists selling cannabis, and medical cannabis cultivation/manufacturing; instead of enacting the marijuana Tax Act, the AMA proposed cannabis be added to the Harrison Narcotics Tax Act. The bill was passed over the last-minute objections of the American Medical Association. Dr. William Woodward, legislative counsel for the A.M.A. objected to the bill on the grounds that the bill had been prepared in secret without giving proper time to prepare their opposition to the bill.
Introduction (in italics) by David Solomon
The popular and therapeutic uses of hemp preparations are not categorically prohibited by the provisions of the Marihuana Tax Act of 1937. The apparent purpose of the Act is to levy a token tax of approximately one dollar on all buyers, sellers, importers, growers, physicians, veterinarians, and any other persons who deal in marijuana commercially, prescribe it professionally, or possess it.
In the early 1970s, U.S. President Richard Nixon officially declared “war on drugs” in response to the massive drug abuse in the U.S. and the social damage it was causing. This announcement had global repercussions.
In 1971, as part of the Nixon administration’s international anti-narcotics campaign, U.S. officials suggested creating a government-funded, UN-administered fund to combat drug abuse. The United Nations Fund for Drug Abuse Control (UNFDAC) was launched in 1971 with an initial $2 million donation from the U.S. Other governments were reluctant to contribute because of the motives behind the Fund. This reluctance was well founded as UNFDAC essentially became a U.S. tool. The emphasis was on law enforcement and crop substitution rather than abuse and demand-oriented strategies. Money went primarily to projects that involved U.S. allies and focused on countries where the U.S. had been unable to stop opium production.
NOW, considering all the information above I am inputting an article that Rev. Mary Thomas-Spears wrote a few days ago explaining the situation…
So you think you want Marijuana Legal ? Casper Leitch FREE 01:45-min of MUSIC to celebrate Eric Holder announcing the end of the war on marijuana – PLEASE SHARE – http://music.time-4-hemp.com/2013/08/29/time-4-music-2-celebrate-with.aspx Feds Say States Can Regulate Marijuana – National Pain Report ~
americannewsreport.com Obama Administration Makes Big Announcement On Marijuana Legalization ~ http://www.huffingtonpost.com/2013/08/29/eric-holder-marijuana-washington-colorado-doj_n_3837034.html And for some strange reason some people think this all means the Feds have ended Prohibition or the War on Marijuana? Think it may have something to do with statements and articles like these being released? ~ “U.S. allows states to legalize recreational marijuana within limits” ~ http://news.yahoo.com/u-not-sue-colorado-washington-over-recreational-pot-173124195.html
Need I once again remind you of the facts?
Fact is. The Feds made an announcement very similar to this one when California passed Medical Legislation nearly 20 yrs ago and they have been raiding medical states every since as sanctioned and mandated prohibition only continues with legal lies = Legalize = more regulation, more taxation, more prohibition, more arrest,… Which I have already pointed out and most are very comfortable with standing in lines to wait for it as they continue to beg for it.
I could point out, that alcohol is legal here in Kentucky and the result of it’s being made legal is it is prohibited in over 70 counties here in Kentucky today. As guns are legal and prohibited. Fireworks are legal and prohibited. As I have said many times, Hell prescription drugs are legal and still prohibited. Arrests on illegal possession of all these controlled items still continue because as I have said, Legalize = legal lies is sanctioned and mandated prohibition. So is the war on Marijuana or it’s culture, people, community, nation over???
Though it will shift many arrest from state to federal level. As the people are begging to be enslaved by legalize = legal lies. After all these years they are still totally ignorant of what they are asking for or who they are dealing with or how they operate.
Do you really think you can cut deals with devils?
Oh, at this point I could go into my spew about GMO Cannabis and Monsanto. Yet so far all I have pointed out seems to be totally cool with the majority of you. So why waste my time and energy? Which is what I am asking myself with each letter I type at this point.
I could try to remind you this is a holy herb. Yet, my site that info was on has been taken off-line because I have run out of money to pay for it all and I don’t wish to waste the energy again at this point on something that very few seemed to care about for the right reasons.
So I thought I’d try the same approach I know a friend of mine already used and no one listened to him so I am not sure why I think it might work for me? Yet, I know a few will get it. As I did.
My friend Federal Patient George Mc Mahon explained this many times. Be Careful What You Wish For You Might Just Get It! Like he did.
That’s right! He wanted Medical Marijuana and He got it!
The Result is, He is now “Prohibited” from using the marijuana or cannabis he would choose to use and can only consume that which he is prescribed by the government with it’s 2% THC level.
Wait? Isn’t this the same complaint from patients receiving Canada’s Government grown Medicine??? That it is of No Count.
To quote another Federal Patient Irv Rosenfeld, “The majority who think they want this will gain nothing.” ~ http://today.time4hemp.com/2013/08/29/time-4-my-medication.aspx
Because the majority just want to get HIGH!
If you are even prescribed use of the plant at all. We have patches, sprays and suppositories… and George and Irv are both proof you don’t need anymore than 2% THC to live.
Better not use one too many they are testing levels in patients on medicines they receive now. Patients and Doctors are being brought up on charges for overuse or abuse. Is prescription cannabis next on this list???
Yet, many are totally cool with all this too.
I could point out as I have many times that smoking cigarettes are legal and becoming more highly regulated and discriminated against in the workplace and public even our cars and homes everyday. They are talking about taking children away for parents smoking cigarettes. Yet, somehow you think Legalization will protect you against this. It won’t!!!
Nor will it protect you against piss test, eviction, more unemployment, loosing your gun rights,…
You think it will give you the right to grow. Yet, again, I have already pointed out that Canadians thought this too and that if you look at the new Canadian Law it explains to you that they are working with D.E.A. in the North American Union to keep Marijuana a Controlled Substance and that they will not police Individual Grows therefore there will be none. That only government approved commercial grows will be handling the operations of growing and producing.
So eventually it will be completely handed to those of the likes of GW Pharma and Monsanto. Yet, you already knew this though with the GMO’s.
I find very interesting that the Government also chooses now to tell veterans that they have the right to use in states where it is legal. When this has been approved at the federal level for several years now. I’d link proof of this but it too was on my other site. I am sure you can google it.
There is currently a rush on to legalize. Why Now???
Because they have been leading the masses by their noses for years with legal lies and they are loosing control of their goal due to the fact the Repeal Prohibition Movement has grown so rapidly in the last year and our economy is on the verge of collapse so they are rushing to regain control of the situation and the masses.
Not to mention, you would have to read the Patriot Act to be fully aware of this situation. In it declares the possession of one joint a Terrorist Act. I do have this PDF file in my other pc.
So where is the Federal Legislation that says they have ended Prohibition or that States have the right to do anything? Because their statements mean as much to me as they do to them. Which is obviously very little by looking at the number of Federal Raids and Arrest since the last one like this.
Once again I am reminded of at time when Fat Freddy had me on the phone three way with George (yes Mc Mahon) and he was explaining to George why I needed to issue an apology to all our/my colleagues and those in the Marijuana/Cannabis/Hemp Movement for calling it all Legal lies and George laughed at Freddy and said, “I am sorry Freddy but if anything the ENTIRE movement owes her an Apology and I am in full agreement with Reverend Mary.” Then George went on to say, “Look Freddy let me explain it to you like this. Say we are all cows. I am a cow and I got me a patch of grass already because I beat the Feds. You are a cow who has his patch of grass already because you have won your rights in court like Mary who is sitting over there with her patch of grass. Now as we look around there aren’t many who have a patch of grass, while the majority are walking around in circles in their pen, trampling the dirt. As they look up here at us and scream come down here in the pen with us and we will show you they way to Legalize.” Then he laughed real big and said, “Not me, I already got mine.“ and because she is right and is taking on Monsanto and they are bigger than the Feds. I am digging a hole to crawl in. Because unfortunately I did get mine from them.”
I haven’t seen George on-line since that was nearly 6 yrs ago I believe. I do so miss him. I also understand where he is coming from and why he went underground.
Thinking about doing it myself at this point because of the ego’s and greed abounds and as my old friend George pointed out. I already got mine. So why should I care if you wonder around in the dirt?
There are some things that are more important than money or ego.
End – Rev. Mary
Now with all this information in mind we need to be rethinking very quickly how to solve this problem. Bad laws are MADE TO BE REPEALED! Let’s get with it! This plant should be free to ALL people, not just the ones that the Government wants to use for Guinea Pigs.
I would be willing to be that if all the “legalization” movements sat down and quit today that government branded corporate medical marijuana would be available to people faster than you could blink. Under their regulations, taxes, and legalities of course.
This last article link should show the beast of legalization quite plainly…
Illinois: Widow Who Pushed For Medical Marijuana Not Allowed To Use It Under New Law Think about this…just think. Smk