Articles Tagged with mary jane

In April of 2010, Mr. Cornell had his home raided by police where 1/16th of an ounce of marijuana had been found – not enough to roll a joint. None of the potential jurors called for the case where willing to consider convicting someone for possessing a very small amount of marijuana.[1]

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November 16th 2010, Touray Cornell from Montana, breathed a sigh of relief and smiled as Judge “Dusty” Deschamps convened his court to report that out of all the potential jurors who had been called, not one would be willing to convict Mr. Cornell. Dumbfounded by the jurors’ decision, the District Attorney quickly spoke to Mr. Cornell’s defense counsel and an immediate plea deal was made. Mr. Cornell walked out free without admitting guilt and without probation.

Mr. Cornell witnessed the power of Jury Nullification, a show of citizen’s power through the legal system have a long and storied history in America. it is the power of Jury nullification and Mr. Cornell saw a version of that power first hand.

iStock_000010324123_ExtraSmall-206x300On August 25th, 2016, the DEA administer, Chuck Rosenberg, released a document announcing the agency would temporarily be placing Mitragyna speciose, commonly called Kratom, and its two primary chemicals, mitragynine and 7-hydroxymitragynine, on the Schedule I list of the 1970 Controlled Substance Act as of September 30th, 2016.[1] The DEA announced its decision after citing health and safety concerns relating to the opioid-like drug. The decision of the DEA comes two months after a report was released by the CDC citing an upswing in poison control calls with 660 reports relating to the plant between 2010 and 2015.

What is Kratom?

Mitragyna speciose otherwise known as Kratom is a deciduous and evergreen tree in the coffee family native to southeast Asia, Thailand, and Malaysia[2]. Kratom contains opioid like compounds mitragynine and 7-hydroxymitragynine which act upon opioid receptors much like morphine.

With the passing of SB 339 in 2015, otherwise known as the “Texas Compassionate Use Act,” Texas joined more than three quarters of the states in establishing a medical marijuana program. However, many are unaware that prior to 2015, derivatives of marijuana were legal in the state. example-2-300x159

When Marijuana isn’t Marijuana


Under Texas law, marijuana is defined in the Texas Health and Public Safety Code as:

Fotolia_62904321_Subscription_Monthly_M-300x300In April 2016, the Drug Enforcement Agency (DEA) announced it was reconsidering marijuana’s current list as a Schedule 1 Drug in the Controlled Substance Act. This announcement was met with skepticism and cautious optimism. The decision of the DEA to reclassify marijuana in the Controlled Substance List would allow national marijuana reform to circumvent the large hurdle of congressional action.

The State of Federal Marijuana Law

Currently, marijuana is illegal at the federal level under the Controlled Substance Act which defines marijuana as a Schedule 1 Drug. These schedules are characterized as:

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Live Podcast Interview with Chris Legier @ Show 1002

Guest: Gilbert Garcia, Attorney Gilbert G. Garcia Law Firm

Topics Include:

Thumbnail image for Fotolia_62904321_Subscription_Monthly_M.jpgThe Drug Enforcement Administration and U.S. Attorneys have raided Cannabis dispensaries and sent people to prison, even though they complied with State laws. According to a report released by Americans for Safe Access, the DOJ has spent nearly $80 million each year — more than $200,000 per day — cracking down on medical Cannabis. The federal government continues to classify Cannabis, a plant, as presenting the greatest danger, alongside heroin and LSD, with no currently accepted medical use.

We are a union of sovereign states which delegated only certain, limited sovereignty to a central government. The U. S. Congress prohibits Cannabis through its misuse of the Commerce clause of the Constitution. The Commerce Clause, Article 1, Section 8, Clause 3 of the Constitution, declares: Congress shall have power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

Congress’ power “to regulate” commerce does not include the authority “to prohibit”. Congress does not possess the authority to ban goods merely because they cross state lines.

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iStock_000013348762_ExtraSmall.jpgA strong majority of Texans support marijuana legalization according to public policy polling, which revealed Texan support at 58%. With some grass roots indications that Texas is ready to legalize marijuana, many question how legalization could affect the overall public heath of Texas residents. With alcohol abuse and its devastating consequences remaining a major issue in Texas, some people worry marijuana could add to the problem. Researchers have long been trying to figure out whether marijuana legalization would lead to more alcohol consumption (if the drugs are complementary) or if legalization would actually reduce alcohol use (if marijuana is a substitute for alcohol). Finally, there seems to be an answer. It is thought that marijuana use usually replaces alcohol use, and since marijuana is far safer than alcohol, marijuana legalization would lead to a net gain in public health benefits due to less alcohol consumption.

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iStock_000020746027_ExtraSmall.jpgIn December of 2013, a 54-year-old Texas woman was traveling back from spending the Christmas holiday with a family friend in Ciudad Juarez, Mexico when she was stopped by federal agents at the Cordova Bridge border crossing in El Paso, Texas. As the unnamed woman was passing through the checkpoint, a police drug dog allegedly alerted on her, prompting U.S. Customs and Border Protection agents to select her for additional screening. The woman was quickly stripped searched and forced to undergo several body cavity searches at the crossing checkpoint, but the agents failed to turn up absolutely any evidence of drugs.

Regardless of this fact, the agents were determined to find some evidence of drugs and proceeded to transport the woman, handcuffed and against her will, to the University Medical Center of El Paso. At the hospital, doctors subjected the woman to an observed bowel movement, an expensive total body CT scan and numerous body cavity probes in a desperate attempt to find some trace of drugs. However, after enduring over six hours of demeaning and highly invasive searches, the agents were forced to admit the woman had committed no crime and released her with no charges. However, to add insult to injury, the woman soon received a $5,000 bill from the hospital for the exams she was wrongly forced to undergo.

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iStock_000009135835_ExtraSmall.jpgSurpassing all other countries in the world on modernization of marijuana laws, legislators in Uruguay passed a bill in December of 2013 to legalize and regulate marijuana nation-wide. Uruguay’s president voiced strong support for the bill, noting a legalized market would reduce illicit drug trade, and signed the bill into law. Uruguayans over the age of 18 may legally grow six marijuana plants, form smoking clubs of 15-45 members with a production limit of 99 plants a year, and buy up to 40 grams or 1.4 ounces each month from government-regulated retail shops. See Uruguay’s New Marijuana Laws here.

Other Latin American countries are not far behind in the movement to reform drug laws away from ineffective criminalization and toward sensible regulations. In Ecuador, lawmakers have debated a bill that would lessen the penalties associated with marijuana. The head of Argentina’s counter-narcotics agency, Juan Carlos Molina, supports debating whether Argentina should follow its neighbor Uruguay’s example.

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iStock_000011009457_ExtraSmall.jpgPresident Obama thinks marijuana is no more dangerous than alcohol and is less dangerous in terms of its impact on consumers. In a January 2014 interview with the New Yorker, the president compared marijuana to other vices such as alcohol and cigarettes, stating “As has been well documented, I smoked pot as a kid, and I view it as a bad habit and a vice, not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life. I don’t think it is more dangerous than alcohol.”

While the president doesn’t find the use of marijuana alarming, he is very bothered by the fact that minorities, especially minority youth, have a radically disproportionate rate of arrest and imprisonment. “Middle-class kids don’t get locked up for smoking pot, and poor kids do,” Obama said. “African-American kids and Latino kids are more likely to be poor and less likely to have the resources and the support to avoid unduly harsh penalties…we should not be locking up individual users for long stretches of jail time when some of the folks who are writing those laws have probably done the same thing.” A new study released this month supports the president’s concerns, finding that nearly half of all black males are arrested by the time they reach the age of 23.

What is even more surprising is that notoriously conservative Texas governor Rick Perry has also shown a recent liberalized attitude towards marijuana. Perry, speaking to the World Economic Forum in Switzerland, defended Colorado and Washington state’s vote to legalize the drug, saying it is a matter of states’ rights. Although Perry sidestepped questions of whether he supported the decriminalization of marijuana, he promoted Texas’ drug courts, which offer treatment instead of incarceration for non-violent offenders, as an example to other states and nations.