Saturday, April 25, 2015

Warning: protein bars contain hemp seeds

  • By Rachael Tolliver | Fort Knox Public Affairs

    Posted Apr. 23, 2015 @ 11:54 am

    FORT KNOX, Ky. — For anyone who relies on protein bars as an afternoon or after-workout snack, they should be warned about unmilitary-friendly ingredients in their all-natural selections.
    “Strong & Kind” bars, which include Hickory Smoked, Roasted Jalapeno, Honey Mustard, Thai Sweet Chili and Honey Smoked BBQ, contain hemp seeds in their ingredients. These seeds may contain low levels of tetrahydrocannabinol, a chemical found in marijuana, which the Army believes may be detectable in drug screening tests.
    This ingredient is not included in the Kind fruit and nut bars and a complete list can be found at www.kindsnacks.com.
    The Army’s position on the consumption of hemp seeds, or its derivatives, is similar to its sister services’ and follows laws and guidelines set forth by U.S. law enforcement agencies.
    Army Regulation 600-85 para 4-2, (p) states that, “…Soldiers are prohibited from using hemp or products containing hemp oil.” And the “…Violations of paragraph 4-2 (p) may subject offenders to punishment under the Uniform Code of Military Justice and or administrative action.”
    DoD regulations are based on several considerations, some of which are U.S. laws. In this case, the U.S. Drug Enforcement Agency categorized hemp seeds, “if they contain THC...” as an illegal product. (www.dea.gov/pubs/pressrel/pr100901.html)
    Additionally, the Department of Justice issued a ruling on what products that contained THC were exempt from being treated as an illegal drug under the Controlled Substances Act.
    In part, the ruling reads: “Specifically, the interim rule exempted THC- containing industrial products, processed plant materials used to make such products, and animal feed mixtures, provided they are not used, or intended for use, for human consumption and therefore cannot cause THC to enter the human body.” (http://www.deadiversion.usdoj.gov/fed_regs/rules/2003/fr0321.htm)
    As such, the Army has written its policy to adhere to and to enforce these laws. The bottom line is that soldiers may not consume hemp seeds or hemp oil.
    So how can a product designed for consumption legally contain hemp seeds?
    In 2004 the Ninth Circuit Court of Appeals issued a unanimous decision, which DEA did not appeal to the U.S. Supreme Court, protecting the sale of hemp-containing foods. Those foods generally contain naturally occurring THC at less than the USDA guideline of 1 percent. Industrial hemp remains legal for import and sale in the U.S., but U.S. farmers still are not permitted to grow it.
    According to University of California at Berkeley, most of the THC found in hemp seeds are located in the seed hulls, which are removed during processing. Today’s hemp seeds are processed to reduce levels of THC to negligible quantities, but 15 years ago industrial hemp had higher THC levels and the seeds were prepared differently for processing.

Thursday, April 16, 2015

Monsanto Creates First Genetically Modified Strain of Marijuana

April 9th, 2015 | by Bob Flanagan

 

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St-Louis, MO | Monsanto, the multi-billion agribusiness giant, has announced today it has patented the first genetically modified strain of marijuana.

The news that has been welcomed by scientists and leaders of the agriculture business alike as a move forward towards the industrial use of marijuana and hemp products could bring a major shift towards marijuana policies in the U.S.A. and ultimately, to the world.

Under present US federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana, since the Controlled Substances Act of 1970 classifies marijuana as a Schedule I drug, although it has been decriminalized to some extent in certain states, Monsanto’s interest in the field has been interpreted by experts as the precursor to “a major shift in marijuana policy in the US” as it is believed the company would not have invested so much time and energy if it had not had “previous knowledge” of the Federal government’s “openness” towards the future legalization of marijuana.

Lawyer and marijuana law specialist, Edmund Groensch, of the Drug Policy Alliance, admits Monsanto’s involvement in marijuana projects could definitely help the pro-legalization activists.

“Currently, Federal law criminalizes marijuana and hemp derivatives because public opinion is still against it and legal commercial production in the U.S. is currently handled by a patchwork of small farmers whom are not trusted by investors. A major player as Monsanto could bring confidence within government and towards investors in the market if it were to own a large part of the exploitable lands and commercial products”.

“There is presently no way to control the production of marijuana and the quality of the strains. A GM strain produced by a company with the credentials and prestige of Monsanto would definitely lend a massive hand to pro-legalization activists within certain spheres of government and within the business world” he explains.

Although Monsanto’s testing on cannabis is only at an experimental stage, no plan has yet been released by the agriculture business firm as to what purposes the patented strain would be used for, although specialists believe answers should come this fall as rumors of a controversial new bill which could “loosen up laws around medical marijuana” is reportedly scheduled to pass before congress coming this fall.

Critics fear genetically modified cannabis will mix with other strains and could destroy the diversity of DNA, a reality dismissed by most studies claim experts.

CONTINUE READING…

Thursday, April 9, 2015

Surgeon General Vivek Murthy answering questions from public on twitter today ….

 

Please be advised, I received the following email from Vivek Murthy – the new surgeon general, and he is taking public questions online through his twitter account today only!  Below is the link to the twitter account and also a copy of the letter I received.

 

@Surgeon_General.

 

The White House, Washington

 

Hi, everyone --

I'm the Surgeon General of the United States -- which means it's my job to keep America healthy by providing you with the best scientific information available about your health.

Yesterday, I had the opportunity to meet with President Obama, EPA Administrator Gina McCarthy and health care professionals to discuss climate change. We talked about the impact of climate change on public health and the importance of prevention.

Clearly, we all have a stake in our national and global health. Every single one of us stands to benefit from a public health system that is focused on wellness and prevention -- not one that simply focuses on treating sickness and disease.

So as part of National Public Health Week, I'm taking your questions. If you're on Twitter, and you've got a question about the impact of climate change on health -- or any other public health topic -- shoot it my way using the hashtag #AskTheSurgeonGeneral.

I'll be answering your questions via video throughout the afternoon tomorrow from my Twitter account, @Surgeon_General.

Every one of us wants to do what we can to protect the health of our families, including the health of our grandchildren and future generations. That starts with being informed about how we can keep ourselves, and one another, healthy -- particularly in the face of a changing climate.

I'm looking forward to hearing what you have to say.

Stay healthy, America.

VM

U.S. Surgeon General Vivek Murthy
@Surgeon_General

Visit WhiteHouse.gov

Thursday, April 2, 2015

"WRITE” Obama a real letter to DECRIMINALIZE marijuana NOW

 

Image result for obama marijuana

 

WANT it over?

Write Obama a real letter to DECRIMINALIZE marijuana NOW This month will do it. 30 DAYS IS WHAT IT WILL TAKE FOR OBAMA TO LEGALIZE MARIJUANA.

Details below -- but ask him to DECRIMINALIZE CANNABIS instead! Start writing!

President Obama today at a fundraiser in Springfield was asked "What would it take for you to legalize marijuana before you leave office?"

The President responded at length "Legalizing marijuana is definitely an issue that many Americans feel strongly about today especially younger Americans. But I have a job to do. I need to look out for the nation as a whole. Let's face it, smoking pot makes you lazy. Pot smokers have no problem going on a computer or smartphone and sending an email or clicking on a petition while they play those video games. They're what we call in Washington "couch activists" who will stand up for anything as long as they can do it from their couch. I get emails about legalizing marijuana but in all my time in office as President I don't think my administration has received more than a few hundred old fashioned letters sent through the mail to me at the White House. Like people used to do.

In fact I'll make this challenge. If I receive over one million old fashioned letters in the next thirty days, before the end of April, mailed to me at the White House before the end of 2015 I will go to congress and tell them that we must change the laws. I promise you this"

A White House staffer said that the letters must be hand addressed with a postage stamp, no metered mail will count. Citizens can send their letters asking for marijuana to be legalized to:

President Barack Obama
The White House
1600 Pennsylvania Ave.
Washington, DC

SOURCE

Wednesday, April 1, 2015

SUPPORT NEEDED FOR LEGITIMATE MEDICAL MARIJUANA PATIENT FACING FELONY CHARGES

 

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SAN DIEGO: Brandon Smith is a legitimate medical cannabis patient who was part of an informal collective. He was criminally charged by the County of San Diego District Attorney’s Office for providing four grams of cannabis to another member of the collective. The DA’s Office will not back off the case, and will only let Brandon plea to a felony sales charge. Brandon is a student and will lose his financial aid with a felony.


Mr. Smith appeared in court today with his attorney Michael Cindrich in order to trail the start of the trial to Monday. Mr. Cindrich took offense to the fact that the prosecutor indicated that she was appearing on behalf of the “People of the State of California.” Mr. Cindrich responded that he was appearing on behalf of his client Brandon Smith, as well as the MAJORITY of the people of the State of California who feel that prosecutions such as these are not only a waste of taxpayer time and resources, but also a violation of basic civil rights.

Judge Carlos Armour cut Mr. Cindrich off before he could finish, indicating that a courtroom is no place for these statements, and warning Mr. Cindrich that he had a duty to follow the rules and if one more comment like that was made, Mr. Cindrich would be forced to wait in the hallway. Mr. Cindrich responded that he believed he was following his duty.

What do you think? Does the San Diego DA’s office really represent the will of the People of California?


Trial call for this case will begin on April 6, 2015 at 8:40 am in department 5 of the Vista Courthouse located at 325 S. Melrose Dr., Vista, CA 92081. From there the parties will be sent to a different courtroom for motions and jury selection.


Brandon is requesting any support the medical cannabis community is willing to provide.


Please call the North County DA’s office at 760-806-4004, and press 0 until you are connected to an operator. Politely give them Brandon Smith’s name and case number SCN337012, and ask to speak to the prosecutor assigned to his case. Let them know that you do not want your tax dollars wasted on the prosecution of medical marijuana patients, and request that the DA to drop all charges against Brandon. If they refuse to hear you, please call the District Attorney’s public affairs office at 619 531 3890 and file a formal complaint.


The People of the State of California’s voice regarding the decriminalization and regulation of cannabis activities needs to be heard. Here is your chance speak that voice and make a difference.

Tuesday, March 24, 2015

Grow Hack: What Is Cannabigerol [CBG]?

By Sirius J · Fri Mar 13, 2015

 

Here's a bite-sized primer on cannabigerol, commonly known as CBG, and its place on the forefront of cannabinoid research.

What is CBG?


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Scientists first discovered cannabigerol, or CBG, in 1964 as a constituent of hashish. In 1975, researchers found out CBGA (the acid form of CBG) is the first cannabinoid formed in the plant; the first expression of cannabis’ unique class of constituents. From there, CBGA gets transformed into THCA, CBDA or CBCA by the action of enzymes. CBGA is the essential precursor for all the cannabinoids we know and love.

Does CBG get you high?
While mostly regarded as a non-psychoactive cannabinoid, technically the jury is still out on this one. Until someone dabs purified CBG, we won’t know what ingesting significant amounts of it actually does. CBG needs higher temperatures to vaporize.

What does the medical research say about CBG?
Just recently in January 2015, researchers discovered that CBG had neuroprotective effects in mice with Huntington’s Disease, a disease characterized by the degeneration of nerve cells in the brain. CBG slowed down progression of colon cancer in mice, a promising result that may soon lead to a new treatment method. Evidence suggests CBG is a highly potent alpha-2-adrenoceptor agonist and moderately potent 5-HT1A-receptor antagonist, giving it a wide range of potential therapeutic potential as an antidepressant, for the treatment of psoriasis, and as an analgesic.

In spite of all the good research, in one study CBG reversed CBD’s antiemetic properties by interacting with it at the 5-HT1A-receptor site.

Where do I find CBG?
CBG is minor cannabinoid in pretty much all varieties of Cannabis, generally less than 1%. Nevertheless, narrow-leafleted drug strains from the Indian-subcontinent, were found to have slightly higher levels of CBG than others. Without becoming a landrace strain hunter, relatively high amounts of CBG can be extracted from budding plants about three-quarters of the way through flowering. Information on CBG content throughout flowering can be gathered from an analysis done on Bediol®, a medicinal strain produced by Bedrocan BV Medicinal Cannabis, a Dutch supplier of research grade pot. They flowered the Bediol® for eight weeks and analyzed the content of different cannabinoids every week; CBG was the highest at week 6.

What is the future for CBG?
Another puzzle piece in the story of medical cannabis, research on CBG is certain to continue. As consumer interest in CBG rises as well, breeders will soon be on the case of making a high-CBG strain.

CONTINUE READING…

Friday, March 20, 2015

Pa. Justices Deny McNeil's Appeal in $10M Motrin Case

 

 

 

 

The state Supreme Court has denied an appeal by the maker of Children’s Motrin in a case that resulted in a $10 million verdict for a family of a 3-year-old severely injured after taking several doses of the medicine.

The ruling Wednesday denying allocatur in Maya v. Johnson & Johnson followed a July 2014 decision by the Superior Court upholding the damages for injuries the child suffered that included being left blind in one eye, damage to her reproductive system and permanent disfigurement of much of her skin.

The $10 million in compensatory damages was awarded by a Philadelphia Court of Common Pleas jury against Johnson & Johnson subsidiary McNeil on the claim that the drugmaker failed to adequately warn of the risks of taking over-the-counter Children’s Motrin. The jury did not award punitive damages nor did it find that Children’s Motrin was negligently designed.

On appeal to the Superior Court, McNeil argued it was entitled to judgment as a matter of law because its warning label was drafted by the U.S. Food and Drug Administration. The pharmaceutical company argued it couldn’t have been found negligent for not including in its list of symptoms “skin reddening,” “rash” and “blisters” when it wasn’t required to do so by the FDA.

But Superior Court Judge Kate Ford Elliott said in her 37-page opinion that the company was mistaken, citing to the court’s 2011 ruling in Daniel v. Wyeth Pharmaceuticals, in which the court rejected a federal pre-emption argument and found it was the manufacturer that bears responsibility for providing an adequate label.

McNeil further argued on appeal that Brianna Maya failed to show her use of Children’s Motrin was the cause of her symptoms, Ford Elliott said. The company argued Maya’s mother testified she would have relied on the doctor’s advice to administer the drug regardless of what the warning said.

But Ford Elliott said the mother testified she would not have given the drug had the warning label contained the word “blisters” or warned of skin rashes.

“Therefore, there was testimony that an adequate warning would have prevented Brianna from receiving the last four or five doses of Children’s Motrin,” Ford Elliott said. “Moreover, two of [Maya's] expert witnesses testified that stopping the Children’s Motrin sooner would have substantially improved Brianna’s prognosis.”

Ford Elliott went on in her opinion to reject some claims by McNeil related to the jury instructions given at trial. She did find in favor of the drug company on one such argument, however, but ultimately determined the trial court’s error didn’t warrant a new trial.

McNeil argued the trial court mistakenly told the jury that it could consider the conduct of other pharmaceutical manufacturers whose drugs were taken off the market when the court should have said the jury could “not” consider such evidence.

“Ultimately, however, the issue does not compel a new trial because McNeil was not prejudiced by the trial court’s alleged mistake,” Ford Elliott said. “As [the Mayas] point out, the instruction really only pertains to their claims for negligent design defect and punitive damages, both of which the jury resolved in favor of McNeil.”

Alfred W. Putnam Jr. of Drinker Biddle & Reath represented McNeil during the appeals process. He declined to comment on the Supreme Court’s decision.

Howard Bashman of Willow Grove argued the case on appeal for the Mayas and Keith Jensen of Jensen & Associates in Fort Worth, Texas, represented them at trial. Bashman said he was pleased the court denied review given it wasn’t a case for which he felt review was warranted.

Jensen had said at the time of the Superior Court ruling that Maya was the first verdict holding McNeil liable for failure to warn consumers of the symptoms of deadly skin diseases allegedly caused by Motrin.

Maya, now a teenager, was given doses of Children’s Motrin when she was 3 years old in alternation with over-the-counter Children’s Tylenol because she had a fever over the course of two-and-a-half days, according to the trial court’s opinion.

On the morning of the third day, Maya was taken to a local hospital in Martin, Tennessee, because of a rapidly spreading rash over her entire body, including blisters on her mouth, chest and vaginal area, according to the opinion. She underwent several forceful debridements of her skin, followed by skin grafts of pig skin or skin from cadavers, because of the risk of infection from so many open wounds and blisters.

Two days after being taken to the hospital, Maya was transferred to Shriners Burns Hospital in Texas, according to the opinion. At that point, 84.5 percent of Maya’s body was estimated to be covered with open wounds.

Maya’s injuries were not from burns, however, but from Stevens-Johnson syndrome/toxic epidermal necrolysis, which is part of the same disease process in which the human body attacks its own skin and mucous membranes, according to the opinion.

The medical staff at Shriners determined that Maya’s use of pediatric ibuprofen, or Children’s Motrin, was the cause of her disease, according to the opinion.

Maya has undergone 16 eye surgeries, and she required surgery to stop her menses from backing up in her abdomen, according to the opinion.

Gina Passarella can be contacted at 215-557-2494 or at gpassarella@alm.com. Follow her on Twitter @GPassarellaTLI.

Read more: http://www.law.com/sites/articles/2015/03/19/pa-justices-deny-mcneils-appeal-in-10m-motrin-case/#ixzz3UvvbtDew

Monday, March 9, 2015

Wall Street has literally "BOUGHT" your and your family's health.

BOUGHT

 

ABOUT THE BOUGHT FILM:

You're about to see how Wall Street has literally "BOUGHT" your and your family's health.

The food, vaccine, drug, insurance and health industry are a multi-BILLION dollar enterprise... focused more on profits than human lives. The BOUGHT documentary takes viewers deep "inside the guts" of this despicable conspiracy...

Featuring exclusive interviews with the world's most acclaimed experts in research, medicine, holistic care and natural health... Bought exposes the hidden (and deadly) story behind it all.

 

 

PLEASE FOLLOW THIS LINK AND WATCH THE TRUTH EXPOSED!

Saturday, February 21, 2015

Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself

 

Tom Johnson      ‎U.S. Marijuana Party of Pennsylvania

 Lancaster, PA ·

Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself; and where they are, they should be changed. Nowhere is this more clear than in the laws against possession of marijuana in private for personal use. We can, and should, continue to discourage the use of marijuana, but this can be done without defining the smoker as a criminal. States which have already removed criminal penalties for marijuana use, like Oregon and California, have not noted any significant increase in marijuana smoking. The National Commission on Marijuana and Drug Abuse concluded five years ago that marijuana use should be decriminalized, and I believe it is time to implement those basic recommendations. ~ President Jimmy Carter Aug 2, 1977

www.presidency.ucsb.edu

The American Presidency Project contains the most comprehensive collection of resources pertaining to the study of the President of the United States. Compiled by John Woolley and Gerhard Peters

Friday, February 20, 2015

Clinical trials high on list for medical marijuana community

17 February 2015   Rebecca Trager

 

The medical marijuana movement is asking the scientific community to make examining the therapeutic potential of cannabis in much more depth a priority, cannabis experts from North America and the UK declared on 14 February at the American Association for the Advancement of Science (AAAS) annual meeting in California. But the drug's controlled status is continuing to slow efforts to investigate the myriad compounds in the plant.

The panelists said the evidence is clear that cannabinoids can treat different types of pain effectively. In addition, they cited some evidence that cannabinoids help with neurological conditions like epilepsy. There is also very early clinical trial data suggesting that the molecule cannabidiol (CBD) has an antipsychotic effect and some evidence that it could help with anxiety disorders.

Although cannabis use is associated with things like short-term memory loss and learning problems, the experts presented data showing that once use is stopped those effects disappear within a few days. They also said there is no proof of any long-term neurocognitive effects of chronic marijuana use on the adult brain, although there is some cause for concern about heavy use by adolescents.

The question of whether the compounds have untoward effects remains unclear due to insufficient research. The field is stalled because large clinical trials require the deep pockets of the pharmaceutical sector, but a major barrier is the lack of intellectual property around some of these compounds. ‘They are old drugs, they are hard to lock in patents, and that makes it difficult for someone to invest significantly into these kinds of research studies that might not have the long-term payback,’ explained Mark Ware, who runs the pain research unit at McGill University, Canada.

However, possession of cannabis is still illegal in most US states making it a difficult drug to work with in the clinic. Igor Grant, a neuropsychiatrist who directs the cannabis research centre at the University of California, San Diego, US, has conducted seven clinical trials that involved smoked or inhaled cannabis and all required that he obtain regulatory approvals from three separate agencies before he could even acquire the cannabis for the studies.

Research marijuana for the US is grown by University of Mississippi under government licence. Once investigators clear all of the approvals, they can request the study drug from the NIH in the form of cigarettes containing different concentrations of tetrahydrocannabinol or THC – the main psychoactive constituent of cannabis.

Cannabis in Canada

Cannabis research is far easier to pursue in Canada where there is a regulated government programme. The country controls cannabis differently to other drugs, arguing that it fits neither under natural health product regulations that govern the use of herbal medicines, nor under the pharmaceutical drug regulations.

Some of the Canadian companies that grow cannabis under licence are now funding clinical trials to try and develop a drug, according to Ware. ‘The money is out there, but the trick is to get these kinds of pilot studies – proof-of-concept studies – done that encourage people to do larger-scale trials,’ he said.

The experts agreed that more information is needed about therapeutic use of cannabis. To help fill this gap, the provincial ethics committee in Quebec recently directed that all patients cleared to use cannabis for medical reasons must agree to be part on an ongoing study. Ware has been tapped to help set up a Quebec-wide registry that will allow these patients to be tracked anonymously for adverse events, as well as for things like pain, spasticity, appetite level and mood. The registry is expected to go live by the end of March.

In the US, there has been much media and public interest in a strain of medical marijuana first developed to treat a child suffering from repeated seizures, dubbed Charlotte’s Web, which is high in CBD but does not contain any psychoactive compounds. But Ware is troubled by the phenomenon of parents and patients seeking out CBD therapeutics. ‘We don’t know where the cannabidiol is coming from; there is a tremendous kind of mythology about the stuff coming from eastern Europe or China,’ he said. Hemp farmers in Canada are being approached to produce CBD and are charging huge amounts of money, he added.

The development of such medicinal products is complicated by the fact that cannabis contains over 100 different ingredients that may be bioactive. This flies in the face of the model followed by regulatory agencies like the US Food and Drug Administration that are set up to deal with single molecules rather than complex mixtures.

CONTINUE READING…

Thursday, February 12, 2015

Medical marijuana bill likely dead, Stumbo says

Gregory A. Hall, ghall@courier-journal.com 2:48 p.m. EST February 12, 2015

 

 

 

FRANKFORT, Ky. – House Speaker Greg Stumbo's medical marijuana bill wasn't going to pass this year anyway, he said Thursday, so his House Bill 3 is likely dead after no vote was taken in a committee hearing.

"It's not going to pass this session," said Stumbo, D-Prestonsburg. "Everybody knows that."

The purpose of presenting the bill anyway to the House Health and Welfare Committee was to promote discussion on the issue that Stumbo said he believes will become law someday.

RELATED | Bills would legalize medical marijuana in Indiana

"Obviously, there's a national trend," Stumbo said, after earlier saying he's been convinced of the need by families in his district who have loved ones battling epilepsy.

Stumbo said he expects the issue to be revisited later this year before next year's session.

"I think we got the ball rolling," he said. "And I think it's rolling in the right direction now."

RELATED | Letter | Cannibis legislation

A similar bill passed the House health committee last year but never was put to a vote on the House floor.

Supporters of medical marijuana say it can help treat maladies such as post-traumatic stress disorder, glaucoma, seizures, rheumatoid arthritis and multiple sclerosis.

Critics of medical marijuana say generally that medical use is not supported by scientific evidence and ultimately leads to recreational abuse and illegal trafficking under the guise of medicine.

While marijuana remains illegal under federal law, the U.S. Justice Department has issued guidelines under which it wouldn't interfere with state marijuana laws — if certain requirements, including having regulatory structure, preventing sales to minors and preventing marijuana from getting to gangs — are met.

Almost two dozen states have laws allowing medical marijuana, not including the District of Columbia. Although Kentucky isn't one of those, the issue has been supported strongly in previous years' Bluegrass Polls. Four states allow recreational use.

Reporter Gregory A. Hall can be reached at (502) 582-4087. Follow him on Twitter at @gregoryahall.

CONTINUE READING…

Friday, February 6, 2015

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!

Amend and create various KRS sections to convert certain misdemeanors to pre-payable violations and set fines.

 

 

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 prepayable 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 following text has been copied from that record:

 

AN ACT relating to crimes and punishments.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

âSection 1. KRS 218A.1422 is amended to read as follows:

(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[Possession 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.210 is amended to read as follows:

(1) A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed, by a practitioner or other person authorized under this chapter, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same.

(2) Any person who violates this section shall be fined two hundred dollars ($200) for each offense[Violation of subsection (1) of this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for subsequent offenses].

âSection 3. KRS 218A.500 is amended to read as follows:

As used in this section and KRS 218A.510:

(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;
(b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting 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;
(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and
(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.

(2) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.

(3) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

(5) Any person who violates any provision of this section shall be fined two hundred dollars ($200) for each offense[guilty of a Class A misdemeanor].

âSECTION 4. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO READ AS FOLLOWS:

(1) All offenses classified as violations under this chapter shall be prepayable except:

(a) Any offense which could result in license suspension or revocation by the court;
(b) An offense where evidence of the offense or of commission of another offense is seized by the officer and the citation is so marked and a court date set;
(c) If the offense is cited with another offense that is not prepayable; or
(d) If an arrest is made under KRS 431.015.

(2) If a prepayable offense is cited with another offense that is not prepayable, a court appearance shall be required on all of the offenses as required by KRS 431.452.

âSection 5. KRS 434.851 is amended to read as follows:

(1) A person is guilty of unlawful access in the third degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which results in the loss or damage of less than three hundred dollars ($300).

(2) Any person who violates any provision of this section shall be fined two hundred fifty dollars ($250) for each offense[Unlawful access to a computer in the third degree is a Class A misdemeanor].

âSection 6. KRS 434.853 is amended to read as follows:

(1) A person is guilty of unlawful access in the fourth degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which does not result in loss or damage.

(2) Any person who violates any provision of this section shall be fined one hundred dollars ($100) for each offense[Unlawful access to a computer in the fourth degree is a Class B misdemeanor].

âSECTION 7. A NEW SECTION OF KRS CHAPTER 434 IS CREATED TO READ AS FOLLOWS:

(1) All offenses classified as violations under this chapter shall be prepayable except:

(a) Any offense which could result in license suspension or revocation by the court;
(b) An offense where evidence of the offense or of commission of another offense is seized by the officer and the citation is so marked and a court date set;
(c) If the offense is cited with another offense that is not prepayable; or
(d) If an arrest is made under KRS 431.015.

(2) If a prepayable offense is cited with another offense that is not prepayable, a court appearance shall be required on all of the offenses as required by KRS 431.452.

âSection 8. KRS 511.070 is amended to read as follows:

(1) A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure.

(2) Criminal trespass in the second degree is a violation and shall carry a fine of one hundred dollars ($100) for each offense[ Class B misdemeanor].

âSection 9. KRS 511.080 is amended to read as follows:

(1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

(2) Criminal trespass in the third degree is a violation and shall carry a fine of fifty dollars ($50) for each offense.

âSECTION 10. A NEW SECTION OF KRS CHAPTER 511 IS CREATED TO READ AS FOLLOWS:

(1) All offenses classified as violations under this chapter shall be prepayable except:

(a) Any offense which could result in license suspension or revocation by the court;
(b) An offense where evidence of the offense or of commission of another offense is seized by the officer and the citation is so marked and a court date set;
(c) If the offense is cited with another offense that is not prepayable; or
(d) If an arrest is made under KRS 431.015.

(2) If a prepayable offense is cited with another offense that is not prepayable, a court appearance shall be required on all of the offenses as required by KRS 431.452.

âSection 11. KRS 512.060 is amended to read as follows:

(1) A person is guilty of criminal possession of a noxious substance when he possesses such substance under circumstances evincing an intent unlawfully to use or cause it to be used to inflict injury upon or to cause annoyance to a person, or to damage property of another, or to disturb the public peace.

(2) Criminal possession of a noxious substance is a violation and shall carry a fine of one hundred dollars ($100) for each offense[ Class B misdemeanor].

âSection 12. KRS 512.070 is amended to read as follows:

(1) A person is guilty of criminal littering when he:

(a) Drops or permits to drop on a highway any destructive or injurious material and does not immediately remove it; or
(b) Knowingly places or throws litter on any public or private property or in any public or private water without permission; or
(c) Negligently places or throws glass or other dangerous pointed or edged substances on or adjacent to water to which the public has access for swimming or wading or on or within fifty (50) feet of a public highway; or
(d) Discharges sewage, minerals, oil products, or litter into any public waters or lakes within the state.

(2) Criminal littering is a violation and shall carry a fine of one hundred dollars ($100) for each offense[ Class A misdemeanor].

(3) Violators may prepay to the Circuit Court clerk if prepayment is so noted on the citation and if the littering offense is not combined with an offense that is not prepayable.

(4) Notwithstanding any language or provision of this section or KRS 65.8808(3) to the contrary, the legislative body of a local government may, by ordinance, choose to classify the offenses proscribed in subsection (1) of this section as civil offenses in accordance with KRS 65.8808.

âSECTION 13. A NEW SECTION OF KRS CHAPTER 512 IS CREATED TO READ AS FOLLOWS:

(1) All offenses classified as violations under this chapter shall be prepayable except:

(a) Any offense which could result in license suspension or revocation by the court;
(b) An offense where evidence of the offense or of commission of another offense is seized by the officer and the citation is so marked and a court date set;
(c) If the offense is cited with another offense that is not prepayable; or
(d) If an arrest is made under KRS 431.015.

(2) If a prepayable offense is cited with another offense that is not prepayable, a court appearance shall be required on all of the offenses as required by KRS 431.452.

âSection 14. KRS 516.130 is amended to read as follows:

(1) A person is guilty of unlawfully using slugs in the second degree when:

(a) With intent to defraud the owner, licensee or lessee of a coin machine, he inserts, deposits or uses a slug in such machine; or
(b) He makes, possesses or disposes of a slug with intent to enable a person to insert, deposit or use it in a coin machine.

(2) Unlawfully using slugs in the second degree is a violation and shall carry a fine of one hundred dollars ($100) for each offense[ Class B misdemeanor].

The offense shall be prepayable except:

(a) An offense where evidence of the offense or of commission of another offense is seized by the officer and the citation is so marked and a court date set;
(b) If the offense is cited with another offense that is not prepayable; or
(c) If an arrest is made under KRS 431.015.

If a prepayable offense is cited with another offense that is not prepayable, a court appearance shall be required on all of the offenses as required by KRS 431.452.

âSection 15. KRS 517.030 is amended to read as follows:

(1) A person is guilty of false advertising when, in connection with the promotion of the sale of or to increase the consumption of property or services, he knowingly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

(2) False advertising is a violation and shall carry a fine of two hundred dollars ($200) for each offense[ Class A misdemeanor].

âSection 16. KRS 517.040 is amended to read as follows:

(1) A person is guilty of bait advertising when in any manner, including advertising or other means of communication, he offers to the public or a substantial number of persons property or services as part of a scheme or plan with the intent not to sell or provide the advertised property or services:

(a) At the price at which he offered them; or
(b) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or
(c) At all.

(2) Bait advertising is a violation and shall carry a fine of two hundred dollars ($200) for each offense[ Class A misdemeanor].

âSECTION 17. A NEW SECTION OF KRS CHAPTER 517 IS CREATED TO READ AS FOLLOWS:

(1) All offenses classified as violations under this chapter shall be prepayable except:

(a) Any offense which could result in license suspension or revocation by the court;
(b) An offense where evidence of the offense or of commission of another offense is seized by the officer and the citation is so marked and a court date set;
(c) If the offense is cited with another offense that is not prepayable; or
(d) If an arrest is made under KRS 431.015.

(2) If a prepayable offense is cited with another offense that is not prepayable, a court appearance shall be required on all of the offenses as required by KRS 431.452.

âSection 18. KRS 519.030 is amended to read as follows:

(1) A person is guilty of compounding a crime when:

(a) He solicits, accepts or agrees to accept any benefit upon an agreement or understanding that he will refrain from initiating a prosecution for a crime; or
(b) He confers, offers, or agrees to confer any benefit upon another person upon agreement or understanding that such other person will refrain from initiating a prosecution for a crime.

(2) In any prosecution under this section, it is a defense that the benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the offense.

(3) Compounding a crime is a violation and shall carry a fine of two hundred dollars ($200) for each offense[ Class A misdemeanor]. The offense shall be prepayable except:

(a) An offense where evidence of the offense or of commission of another offense is seized by the officer and the citation is so marked and a court date set;
(b) If the offense is cited with another offense that is not prepayable; or
(c) If an arrest is made under KRS 431.015.

If a prepayable offense is cited with another offense that is not prepayable, a court appearance shall be required on all of the offenses as required by KRS 431.452.

âSection 19. KRS 525.050 is amended to read as follows:

(1) A person is guilty of unlawful assembly when:

(a) He assembles with five (5) or more persons for the purpose of engaging or preparing to engage with them in a riot; or
(b) Being present at an assembly which either has or develops such a purpose, he remains there with intent to advance that purpose.

(2) Unlawful assembly is a violation and shall carry a fine of one hundred dollars ($100) for each offense[ Class B misdemeanor].

âSection 20. KRS 525.080 is amended to read as follows:

(1) A person is guilty of harassing communications when, with intent to intimidate, harass, annoy, or alarm another person, he or she:

(a) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication;
(b) Makes a telephone call, whether or not conversation ensues, with no purpose of legitimate communication; or
(c) Communicates, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication.

(2) Harassing communications is a violation and shall carry a fine of one hundred dollars ($100) for each offense[ Class B misdemeanor].

âSection 21. KRS 525.060 is amended to read as follows:

(1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:

(a) Engages in fighting or in violent, tumultuous, or threatening behavior;
(b) Makes unreasonable noise;
(c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or
(d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

(2) Disorderly conduct in the second degree is a violation and shall carry a fine of one hundred dollars ($100) for each offense[ Class B misdemeanor].

âSection 22. KRS 525.100 is amended to read as follows:

(1) A person is guilty of public intoxication when he appears in a public place manifestly under the influence of a controlled substance, or other intoxicating substance, excluding alcohol (unless the alcohol is present in combination with any of the above), not therapeutically administered, to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.

(2) Public intoxication is a violation and shall carry a fine of one hundred dollars ($100) for each offense[ Class B misdemeanor].

âSection 23. KRS 525.150 is amended to read as follows:

(1) A person is guilty of disrupting meetings and processions in the second degree when, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he or she does any act tending to obstruct or interfere with it physically or makes any utterance, gesture, or display designed to outrage the sensibilities of the group.

(2) Disrupting meetings and processions in the second degree is a violation and shall carry a fine of one hundred dollars ($100) for each offense[ Class B misdemeanor].

âSECTION 24. A NEW SECTION OF KRS CHAPTER 525 IS CREATED TO READ AS FOLLOWS:

(1) All offenses classified as violations under this chapter shall be prepayable except:

(a) Any offense which could result in license suspension or revocation by the court;
(b) An offense where evidence of the offense or of commission of another offense is seized by the officer and the citation is so marked and a court date set;
(c) If the offense is cited with another offense that is not prepayable; or
(d) If an arrest is made under KRS 431.015.

(2) If a prepayable offense is cited with another offense that is not prepayable, a court appearance shall be required on all of the offenses as required by KRS 431.452.

âSection 25. KRS 530.070 is amended to read as follows:

(1) A person is guilty of unlawful transaction with a minor in the third degree when:

(a) Acting other than as a retail licensee, he knowingly sells, gives, purchases or procures any alcoholic or malt beverage in any form to or for a minor. The defendant may prove in exculpation that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that his age could not have been ascertained by any other means and that the purchaser's appearance and character indicated strongly that he was of legal age to purchase alcoholic beverages. This subsection does not apply to a parent or guardian of the minor;
(b) He knowingly induces, assists, or causes a minor to engage in any other criminal activity;
(c) He knowingly induces, assists or causes a minor to become a habitual truant; or
(d) He persistently and knowingly induces, assists or causes a minor to disobey his parent or guardian.

(2) Unlawful transaction with a minor in the third degree, other than a violation of subsection (1)(c) of this section, is a Class A misdemeanor. A violation of subsection (1)(c) of this section is a violation and shall carry a fine of one hundred dollars ($100) for each offense. A violation of subsection (1)(c) of this section shall be prepayable, except:

(a) An offense where evidence of the offense or of commission of another offense is seized by the officer and the citation is so marked and a court date set;
(b) If the offense is cited with another offense that is not prepayable; or
(c) If an arrest is made under KRS 431.015.

If a prepayable offense is cited with another offense that is not prepayable, a court appearance shall be required on all of the offenses as required by KRS 431.452.

Thursday, February 5, 2015

Surgeon General Says Yes to Science, Admits Weed Has Medical Benefits

Vivek Murthy says marijuana is ‘helpful’ for certain medical conditions. Could this be the tide-turner for legalization?

Surgeon General Vivek Murthy believes in science.

As he answered questions Wednesday about the measles outbreak that is turning into the year’s first public health emergency, the 37-year-old doctor assured Americans that vaccines are safe and that government policy is informed by sound data and scientific consensus. When CBS This Morning host Gayle King pivoted to ask Murthy for his views on marijuana, the country’s youngest ever surgeon general gave an answer that was at once historic and entirely consistent with his scientific approach.

“We have some preliminary data showing that for certain medical conditions and symptoms that marijuana can be helpful,” Murthy said. “We have to use that data to drive policy making.”

While a first for a surgeon general, this was not actually a risky statement. Murthy’s belief is in line with the positions of the American College of Physicians (PDF), the American Academy of Pediatrics, the American Public Health Association, the American Nurses Association (PDF), the Leukemia & Lymphoma Society (PDF), The California Medical Association (PDF), Dr. Sanjay Gupta, countless less famous but equally sincere physicians, and laws in 23 states and the District of Washington that permit the use of marijuana for medical conditions including multiple sclerosis, glaucoma, epilepsy, and a host of cancer-related symptoms.

But the statement also seemed to put the nation’s top health official in direct conflict with federal law. To the Department of Justice and its Drug Enforcement Agency, marijuana remains, along with heroin, a Schedule I narcotic, defined as “drugs with no currently accepted medical use.” Cocaine and crystal meth, on the other hand, are listed as Schedule II drugs, with “less abuse potential.”

This absurd policy has been inexplicable for so long, that the nation’s highest officials have given up trying to defend it.

“I don’t think it’s more dangerous than alcohol,” President Obama said to The New Yorker’s David Remnick about marijuana last year. Casual as his remark seemed, Obama rocked the drug reform movement. Just weeks after the president said what a sizable majority of Americans already agreed with, a group of 18 representatives from nine states took a stand on the issue and, in a gesture of bi-partisan consent, wrote a letter (PDF) that called on Obama to take executive action.

“We were encouraged by your recent comments in your interview with David Remnick,” the name-dropping representatives wrote. “Classifying marijuana as Schedule I at the federal level perpetuates an unjust and irrational system. We request that you instruct Attorney General Holder to delist or classify marijuana in a more appropriate was, at the very least eliminating it from Schedule I or II.”

This absurd policy has been inexplicable for so long, that the nation’s highest officials have given up trying to defend it.

Nine months later, in his exit interview with Katie Couric, Holder passed the buck right back.

“At the federal level marijuana is still classified in the same category as heroin,” Couric said. “In your view should that change?”

“I think that’s certainly a question that we need to ask ourselves,” Holder said, “whether or not marijuana is as serious a drug as is heroin.” Couric nodded and as Holder weighed the pros and cons, she pressed him on decriminalization. That, he said, is “something for Congress to decide.”

Congressional action might be Holder’s preference, but it is not actually mandated by the law.

“Eric Holder could initiate that process today if he wanted to,” said Tom Angell, chairman of Marijuana Majority, a decriminalization advocacy group, and pointed out that the 1970 Controlled Substances Act gives the attorney general sweeping power to define and classify the full schedule of illegal drugs. At the same time, Angell said, “Congress could pass a bill to move marijuana from Schedule I to a lesser one, or make it unscheduled, like alcohol or tobacco.”

But as public opinion on the issue passes the super majority mark, neither branch of government has made a move. “In essence, the Justice Department and Congress are both begging each other to fix federal marijuana laws,” wrote Christopher Ingraham at the Washington Post. An aide to Senator Rand Paul told The Daily Beast that the Kentucky lawmaker is considering a bill this year that would reschedule the drug. “It’s a work in progress,” the aide said, but couldn’t offer any specifics. 

In his interview with Couric, Holder left open the possibility that his department could one day endorse rescheduling marijuana. Whatever is decided, Holder said the government should let science be the guide. “Use science as the basis for that determination,” he said.

A Department of Justice spokesman said, “the Department supports research into potential medical uses of marijuana.” Surgeon General Murthy told the Daily Beast that “marijuana policy—and all public health policies—should be driven by science” and that “the Federal Government has and continues to fund research on possible health benefits of marijuana and its components.”

The problem with this, said Angell, is how difficult it is even for academic institutions to gain government approval for such studies. The American Medical Association (AMA), one of the most conservative organizations on marijuana decriminalization, changed its long-held position on classification in 2009. Marijuana’s ongoing schedule I classification “limits the access to cannabinols for even research,” said Edward L. Langston, MD, an AMA Board of Trustees member. “It is very difficult,” he told American Medical News, to legally research the substance. A report by the AMA Council on Science and Public Health that same year found that, “bureaucratic hurdles apply to cannabis research that do not impede other drug investigations.”

Evidence for the claim is not hard to find. At the University of Massachusetts, an agricultural professor has been trying for more than 15 years to gain approval to grow cannabis for research. In Kentucky, the DEA finally released a shipment of research-bound hemp seeds last May, but only after the state’s agricultural commissioner sued the agency in federal court.

The medical community and public opinion has come a long way in the 20 years since Dr. Jocelyn Elders, Surgeon General under President Bill Clinton, took flak for defending decriminalization. But even as a new surgeon general calls for more science, Angell said the research opportunities won’t change until the laws do, and that politicians are lagging behind most Americans on the issue.

“They don’t realize that a majority of Americans are ready for medical marijuana to be legalized,” he said. “They perceive it as dangerous when it is not.” 

CONTINUE READING…