Decoding the Kentucky Marijuana Bills

 

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The following is a synopsis of the proposed Bills currently in House and what they mean to us.

 

HB 305/CI (BR 395) – B. Yonts

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

Legislature Home Page | Record Front Page

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.

SB 79/CI (BR 805) – P. Clark

 

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!

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Put together 2 + 2 and you know you have been lied to

After much thought the last few days I decided I needed to say something about the “state of affairs” that our Country, and the entire world is enduring as we speak.

It seems that things that I have thought of in the past are coming true to life now.  Not to mention all the movies I have watched which predicted horrendous disasters including war, weather, biological catastrophes etc.,  Were they in fact intended to desensitize the people to the reality  of things to come?

I grew up in Louisville, Ky., and I remember riots and violence when busing was started.  I’ve seen KKK rallies – though never attended one.  I remember watching the news with Walter Cronkite as well when we were in Vietnam.  My father was a WWII Vet.  My Grandmother died in the great “flu pandemic” of 1918 – so I never even met her as I was born much later in my parents life.  I am also a recovering Catholic.  God knows I loved that religion all my life until I was old enough to put 2+2 together and realize I was lied to about most everything.

It has always been said that “history repeats itself”.  I hope that is not true because if it is we are in for another war like has never been seen before. WWII was supposed to be the War to end all War – In reality it was the beginning of what we are seeing today.  I do not like to bring the “Bible” into my writings “per say” however the “Good Book” in all religious forms predicts global war and catastrophe near the end times.  Can we stop it?  Are we too late?  Do we really WANT to stop it?

I tend to be somewhat satiric in some of the article’s I have personally written.  That being said I believed every bit of it or I would not have written it in the first place.  In some cases I wanted it to be entertaining as well but everything I have written had some thought behind it.  Do you really want to see a change in the World?

Moving right along as I could get really long winded here and I know people do not have the time to read everything all the way through anymore – They are either too busy having to be a slave to a Corporation or a Slave to the “Indigent System”… My word of the day is PREPARE, PREPARE, PREPARE for the worst and PRAY for the World to come to it’s senses and lay down ALL of your ARMS.

DO NOT hand them over to anyone, but LAY THEM DOWN IN PEACE!

PEACE and cooperation is what the world needs now…

We have many more important things to deal with at this point than WAR!!! We have an entire planet to rebuild called “Earth”.

Everywhere I have looked since 2001 there has been some kind of either Biological disasters and Meteorological disasters, (who knows whether it is natural global warming or human waste, corporate waste and pollutants),  Human suffering of indigenous proportions.  Not to mention the Military, Prison, Pharmaceutical, Industrial Fascists nightmare that has been here since we were.  And so of course I have to say that 2001 was not the start of the Global disaster we are seeing now.  It started many moons ago.  Sort of like the Good Lord, according to the Bible “he always was and always will be”(?)…Can we change the Earth?

Who started it all?  I could theorize all day long but at the end of the day at this point it does not matter.  It just has to stop.  And stop quick.  Or else the one’s of us who are lucky enough to still be able to watch the horror on TV will be next weeks news.

The laws of nature our not on our side at this point.  Neither is the “law of the land”.

Another big problem is social media.  Media in general is a problem in and of itself but FACEBOOK and all the rest of the “social networks” are causing more harm than good as cyber security carefully documents  almost everything about our lives, minute by minute – second by second.

Gaming programs of most kinds are no more than a way to condition our kids via programming as they sit there and push buttons to kill people – taking away all of the emotional cause and effect of a “killing”.

After posting the story about the “Purge” in Louisville, KY last week and seeing all the hits that this story got I started to think about just how easy it could be to throw any area in the U.S. or even Worldwide into an unprecedented  chaos just by “starting a social networking war” via comments and false statements.

Is this a planned joint venture between the governments to cause utter anarchy everywhere? A reason to bring down the Police State on everyone?

I have disconnected all social networking from my phone.  The fact that I still feel the need to carry one at all bothers me.  But until the electric goes out (and it will) I will continue to carry my cell phone – just in case I need to call or text somebody…

I have put together a few links which emphasize what I have been talking about above just to refresh everyone’s memory a little bit.  I am sure you all know what is happening today, right?

“Never believe anything you read and only half of what you see with your own eyes” was something I was taught as a child which turned out to be the “truth” of all “truths”.

Nothing is as it seems on the surface.  Like George Carlin said, “Teach your children to question everything…”

*Though I did not realize it at the time, there was another catastrophe just a few days before 9/11 which was Rainbow Farm.

Rainbow Farm was a campground run by Tom Crosslin and his life partner Rolland “Rollie” Rohm and home to two controversial festivals, HempAid on Memorial Day and Roach Roast on Labor Day. The owner of Rainbow Farm supported the “medical, spiritual, and responsible recreational uses of Marijuana for a more sane and compassionate America” [1]. Rainbow Farm was the focus of an intensive investigation by Cass County prosecutor Scott Teter. The investigation eventually came to a head in early September 2001 with the burning down of all the structures on the property and the shooting deaths of both Tom Crosslin and Rolland Rohm.

Prior to that was:  *1995 Oklahoma City Bombing

The Oklahoma City bombing was a domestic terrorist bomb attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. The bombing killed 168 people[1] and injured more than 680 others.[2] The blast destroyed or damaged 324 buildings within a 16-block radius, destroyed or burned 86 cars, and shattered glass in 258 nearby buildings,[3][4

*In 2004 came the Tsunami.

The 2004 Indian Ocean earthquake was an undersea megathrust earthquake that occurred at 00:58:53 UTC on Sunday, 26 December 2004, with an epicentre off the west coast of Sumatra, Indonesia. The quake itself is known by the scientific community as the Sumatra–Andaman earthquake.[5][6] The resulting tsunami was given various names, including the 2004 Indian Ocean tsunami, South Asian tsunami, Indonesian tsunami, the Christmas tsunami and the Boxing Day tsunami.[7]

*In 2005 came Hurricane Katrina.

Hurricane Katrina was the deadliest and most destructive Atlantic tropical cyclone of the 2005 Atlantic hurricane season. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States.

*In 2006 came the Java earthquake.

The May 2006 Java earthquake occurred at 05:54 local time on 27 May on the southern coast of the island of Java, around 20 km (12 mi) south-southeast of the Indonesian city of Yogyakarta. The shock occurred at a shallow depth and was located just to the south of Mount Merapi, a stratovolcano (that was mid-eruption at the time) located on the border between Central Java and Yogyakarta. The large M6.3 earthquake caused a disproportionate number of casualties, with more than 5,700 deaths and 37,000 injuries, and very high financial losses (Rp 29.1 Trillion ($3.1B)). With a lack of instruments in the area, the shock was initially attributed with the (strike-slip) Opak Fault that lies to the east of the affected areas, but later InSAR analysis revealed that another previously unknown fracture was responsible for the sequence of shocks.

*In December of 2007 Benazir Bhutto, the 11th Prime Minister of Pakistan was assassinated.

Benazir Bhutto ( بينظير بھٹو ), pronounced [beːnəˈziːr ˈbʱʊʈʈoː]; 21 June 1953 – 27 December 2007) was the 11th Prime Minister of Pakistan, serving two non-consecutive terms in 1988–90 and then 1993–96. A scion of the politically powerful Bhutto family, she was the eldest daughter of Zulfikar Ali Bhutto, a former prime minister himself who founded the centre-left, social-democratic Pakistan Peoples Party (PPP).

*In 2008 – 2009 was the Great Recession.

The Great Recession[1][2][3][4] (also referred to as the Second Great Depression,[5] Lesser Depression,[6] the Long Recession,[7] or the global recession of 2009[8][9]) was a global economic decline in the late 2000s decade. The effects of this economic downturn are having a continued influence into 2014.

*2010 brought the “Arab Spring”.

The Arab Spring (Arabic: الربيع العربي‎, ar-rabīˁ al-ˁarabī) is a revolutionary wave of demonstrations and protests (both non-violent and violent), riots, and civil wars in the Arab world that began on 18 December 2010 and spread throughout the countries of the Arab League and surroundings. While the wave of initial revolutions and protests had expired by mid-2012, some refer to the ongoing large-scale conflicts in Middle East and North Africa as a continuation of the Arab Spring, while others refer to the second wave of revolutions and civil wars post 2012 as the Arab Winter.

*2011 Tohoku earthquake,

The 2011 earthquake off the Pacific coast of Tōhoku (東北地方太平洋沖地震 Tōhoku-chihō Taiheiyō Oki Jishin?) was a magnitude 9.0 (Mw) undersea megathrust earthquake off the coast of Japan that occurred at 14:46 JST (05:46 UTC) on Friday 11 March 2011,[2][3][8] with the epicentre approximately 70 kilometres (43 mi) east of the Oshika Peninsula of Tōhoku and the hypocenter at an underwater depth of approximately 30 km (19 mi).[2][9] The earthquake is also often referred to in Japan as the Great East Japan Earthquake (東日本大震災 Higashi nihon daishinsai?)[10][11][12][fn 1] and also known as the 2011 Tohoku earthquake,[13] and the 3.11 Earthquake. It was the most powerful earthquake ever recorded to have hit Japan, and the fifth most powerful earthquake in the world since modern record-keeping began in 1900.[8][14][15] The earthquake triggered powerful tsunami waves that reached heights of up to 40.5 metres (133 ft) in Miyako in Tōhoku’s Iwate Prefecture,[16][17] and which, in the Sendai area, travelled up to 10 km (6 mi) inland.[18] The earthquake moved Honshu (the main island of Japan) 2.4 m (8 ft) east and shifted the Earth on its axis by estimates of between 10 cm (4 in) and 25 cm (10 in),[19][20][21] and generated sound waves detected by the low orbiting GOCE satellite.[22]

*2012 In the worst power outage in world history, the 2012 India blackouts leave 620 million people without power.

Two severe power blackouts affected most of northern and eastern India on July 30 and 31, 2012. The 30 July 2012 India blackout affected over 300 million people and was the then-largest power outage in history, counting number of people affected, beating the January 2001 India blackout. The 31 July 2012 India blackout was the largest power outage in history. The outage affected over 620 million people, about 9% of the world population,[1][2][3] or half of India’s population, spread across 22 states[4] in Northern, Eastern, and Northeast India.

*In 2013, Benedict XVI resigns as pope, becoming the first to do so since Gregory XII in 1415, and the first to do so voluntarily since Celestine V in 1294. Cardinal Jorge Mario Bergoglio of Argentina is elected the 266th pope, whereupon he takes the name Francis and becomes the first Jesuit pope, the first pope from the Americas, and the first pope from the Southern Hemisphere.

This is 2014.

Just sit down, shut up and think for a minute! 

The World is in chaos as we speak. 

I was going to add additional links here to the ongoing “news” around the World, but I really do not think it is necessary.  Everyone that reads this has the same ability that I do to Google the news so I will end my rant here.

smk

THE ELKHORN MANIFESTO http://kentuckymarijuanaparty.com/the-elkhorn-manifesto/

http://kentuckymarijuanaparty.com/2012/03/09/the-1918-flu-pandemic-was-in-fact-an-act-of-war-upon-the-u-s-by-the-germans-2/

http://kentuckymarijuanaparty.com/2012/05/02/first-of-controversial-bird-flu-papers-published/

*http://en.wikipedia.org/wiki/911_attacks

https://www.youtube.com/watch?v=Uo-QIY7ys-k

*http://en.wikipedia.org/wiki/Rainbow_Farm

*http://en.wikipedia.org/wiki/May_2006_Java_earthquake

*http://en.wikipedia.org/wiki/Benazir_Bhutto

*http://en.wikipedia.org/wiki/January_2008_stock_market_volatility#January_2008_stock_market_volatility

*http://en.wikipedia.org/wiki/Arab_Spring

*http://en.wikipedia.org/wiki/2011_T%C5%8Dhoku_earthquake_and_tsunami

*http://en.wikipedia.org/wiki/2012_India_blackouts

*http://en.wikipedia.org/wiki/Pope_Benedict_XVI

ISIS militants behead abducted American journalist James Wright Foley in