The experience of Ed Rosenthal of Oakland, California, accelerates the day when heavy dilemmas in our legal system might just force a fresh look at our marijuana laws. Presumably that will have to happen when state legislators, congressmen, and presidents are in recess, because the great enemy of sensible reform has been, of course, politicians high from righteousness.
What happened to Rosenthal was that he was convicted of marijuana cultivation and conspiracy, facing a conceivable sentence of 100 years in prison and a fine of $4.5 million.
The defense attorney had been forbidden by presiding Federal District Judge Charles Breyer to advise the jury of the perspectives of the defense.
The city of Oakland, instructed by a statewide proposition in 1996, had enacted an ordinance authorizing the growth of marijuana for medical use. The judge took the flat position that local laws do not override federal laws; therefore the verdict could not be influenced by the legal contradiction, and therefore the jurors shouldn't be sidetracked by hearing about it. The reasoning was identical to that of Judge George King in the case of computer guru and poet Peter McWilliams. Judge King did not permit McWilliams to base his defense on the California initiative. McWilliams died from AIDS, while awaiting sentencing, unrelieved by the marijuana that critically lessened his nausea.
Sentencing day for Rosenthal was at hand on June 5, and there was some commotion when the thought was expressed that the guilty finding could mean life in prison. One juror had told the press that if she had known such might be the consequence of a guilty finding, she, and presumably other jurors, would not have voted as they did. The day came, and Judge Breyer, perhaps with a wink of the eye, sentenced Rosenthal to one day in jail and a $1,000 fine.
Now Ed Rosenthal is not to be confused with a stray felon who took a toke at an outdoor movie with his date. Oh no. Rosenthal is a full-time practitioner of resistance to marijuana legislation. He has written several books, totaling in sales over 1 million. In one of his most recent, The Closet Cultivator, he outlined how to build an indoor-marijuana-growing system impossible to detect through any method other than betrayal. When arrested, he was linked to a nearby warehouse full of the drug, ostensibly consigned for medical use. Rosenthal had been teasing the law along about as provocatively as one can do. He had a monthly radio show, and a little while before his arrest his guest was San Francisco's district attorney, Terence Hallinan, who praised
efforts by medical-marijuana cooperatives and permitted himself the obiter dictum on existing laws that "the government anti-drug policy is a big lie that's supported by a thousand other lies."
Eric Schlosser of The Atlantic Monthly has published a deeply informative and readable book called Reefer Madness. He wonderfully illustrates the complexity, contradiction, and futility of extant drug laws. Although Governor Clinton of Arkansas introduced legislation to lessen state penalties for marijuana, he went on, as president, to treat marijuana as if it were as innocent as adultery. He doubled the arrests for marijuana infractions. When Nixon declared his tough-drug policies, athwart the recommendation of his own commission which had advocated licensing marijuana for individual home consumption, arrests climbed to over 100,000 per year. In 2001, 720,000 Americans were arrested for pot. About 20,000 inmates in the federal system have been incarcerated primarily for a marijuana offense. Those in state systems would equal that figure, and exceed it.
The problem is more than the laws' contradictions. The Uniform Sentencing Act has given prosecutors, not judges, almost plenary powers over defendants, power ruthlessly used to extract information and to encourage duplicity and to make property rights insecure. Judicial process is convoluted to the point where a judge can reasonably exercise a choice between 100 years in prison and one day in prison.
The marijuana laws can most directly be compared to the Prohibition-era laws, which didn't work, undermined the law, and were capriciously enforced. Pot consumption varies, but not in correlation with the laws' throw-weight. If you buy an ounce in New York State, that could bring you a fine of $100; in Louisiana, a jail sentence of 20 years. Ed Rosenthal is quoted by author Schlosser. Will the laws in America dissipate, as they have done in Europe? He doesn't think so. "They've made the laws so brittle, one day they're going to break." The whole edifice of prohibition would come down, he predicted, "like the fall of the Berlin Wall." Schlosser nicely summarized Rosenthal's prediction. "A group of powerful, white, middle-aged men will meet in a room to discuss what to do about marijuana. And they will reach the only logical conclusion: tax it."
Like booze, some will then go on to abuse it, though with consequences less dire.
<a href="http://www.cannabisnews.com/news/thread16587.shtml" target="_blank">CN: Reefer Madness: Our Current Prohibition</a>
<a href="http://www.nationalreview.c om/buckley/buckley061003.asp" target="_blank">http ://www.nationalreview.c om/buckley/buckley061003.asp</A>
June 10, 2003
By William F. Buckley Jr.*
Source: National Review *
Contact:
letters@nationalrevi ew.com
Website: <a href="http://www.nationalreview.c om" target="_blank">http ://www.nationalreview.c om</A>
Related Articles & Web Sites...
<a href="http://freedomtoexhale.com/trialpics.htm" target="_blank">Ed Rosenthal's Pictures & Articles</a>
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Source: <a href="http://www.salon.com" target="_blank">http ://www.salon.com</A>
In his new book, "Reefer Madness," Eric Schlosser rips into the American hypocrisy that drives pleasures of the flesh underground -- and turns a blind eye to exploited labor.
<a href="http://cannabisnews.com/news/thread16240.shtml" target="_blank">Reef er Madness: Notes From the Underground Economy By Sam Sifton</a>
Source: New York Times
Sex! Drugs! We'll get to cheap labor in due course. ''The current demand for marijuana and pornography is deeply revealing,'' Eric Schlosser writes in the introduction to ''Reefer Madness: Sex, Drugs, and Cheap Labor in the American Black Market,''
<a href="http://cannabisnews.com/news/thread16185.shtml" target="_blank">Smok ing Out America's 'Reefer Madness' By Jason Hopps</a>
In "Reefer Madness," his second book, author Eric Schlosser broadens his target from fast food and takes a swipe at what he sees as the river of moral and economic contradictions that run through America's so-called "free market" economy.
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<a href="http://cannabisnews.com/news/thread16153.shtml" target="_blank">Pot and Porn Outstripping Corn</a>
<a href="http://www.cannabisnews.com/news/16/thread16485.shtml" target="_blank">The Last Word: Eric Schlosser Interview by Karen Fragala</a>
<a href="http://www.cannabisnews.com/news/16/thread16476.shtml" target="_blank">U.S. Bucks a Trend on Marijuana Laws By Eric Schlosser</a> *
Reefer Madness: Sex, Drugs, and Cheap Labor in the American Black Market
by Eric Schlosser (Author)
Racism, scapegoating, snitches, stigmatizing etc are means to the end of profit and power. Then and Now. The dangers of pot lie in the people not finding the truth. Slavery serves the corporation. Minority or Prison slaves. When the blacks were freed many were immediately arrested and placed in chain gangs to serve. To those, not much changed...
The propaganda today is as blatently false as it was in the 30's. It still keeps competition off the market. It still profits the "crime treatment" sectors and the parefernalia. It still spreads fear to keep the real debate out. It still uses fascism in manipulating Congress and the Courts. It still segregates using prohibition. It is the same 65 year war against Democracy. Using racism, scapegoating groups of people, stigmatizing cultures and religions and censoring the media, also owned by the same profiteers. Ignorance is a pre-requisite for Fascism.
No one can Persue Happiness without Liberty. Or Liberty without Life. Or Life without food, clothing, shelter, fuel and health. All provided by Ganja and hemp. "And I will raise up for them a plant of renown, and they shall be no more consumed with hunger in the land, neither bear the shame of the heathen any more. (Ezekiel 34:29)
It's so obvious now its time for solidarity of the Ganjawar victims, including those harmed by petro chemicals where hemp would be organic. Those incarcerated wrongly and those forced into a chemical dependency and those dying for crude oil replaced decades ago by various alternatives. Now is the time to remember their names for the Ganjawar Neurumberg II trials soon to be coming to a neighborhood theatre/court near you. Serving Justice to the people for the atrocities done in the name of Reefer Mad greedy profit. Buy your tickets at any BASS/Ticketron outlet.
Peace, Love and Liberty or D.E.A.th's Reefer Madness
DdC
"In the later times, some shall speak lies in hypocrisy commanding to abstain from meats which God hath created to be received with thanksgiving of them which believe and know the truth." (Paul: 1 Timothy 1-4)
"Certain American industrialists had a great deal to do with bringing fascist regimes into being in both Germany and Italy. They extended aid to help Fascism occupy the seat of power, and they are helping to keep it there."
- William E. Dodd, U.S. Ambassador to Germany, 1937. Continued...
<a href="http://www.sumeria.net/politics/shadv3.html" target="_blank">http ://www.sumeria.net/politics/shadv3.html</A>
The Great Marijuana Hoax by Allen Ginsberg
<a href="http://marijuana-uses.com/examples/ginsberg_mhoax.htm" target="_blank">http ://marijuana-uses.com/examples/ginsberg_mhoax.htm</A>
The Emperor Wears No Clothes by Jack Herer
<a href="http://www.jackherer.com" target="_blank">http ://www.jackherer.com</A>
Reefer Madness Gallery
<a href="http://www.dopefiends.com/gallery.html" target="_blank">http ://www.dopefiends.com/gallery.html</A>
The Vaults of Erowid
<a href="http://www.erowid.org" target="_blank">http ://www.erowid.org</A>
"Reefer madness"
<a href="http://www.commonlink.com/~olsen/MEDICAL/POT/perspect.html" target="_blank">http ://www.commonlink.com/~olsen/MEDICAL/POT/perspect.html</A>
The Nation, November 21, 1987 Reefer Madness By Abbie Hoffman
<a href="http://www.pdxnorml.org/Nation_Hoffman_11218 7.html" target="_blank">http ://www.pdxnorml.org/Nation_Hoffman_11218 7.html</A>
Lycaeum Reefer Madness links
<a href="http://users.lycaeum.org/~sputnik/Ludlow/madness.html" target="_blank">http ://users.lycaeum.org/~sputnik/Ludlow/madness.html</A>
Reefer Madness Essay by Deirdre Murphy
<a href="http://www.reefermadness.or g/propaganda/essay.html" target="_blank">http ://www.reefermadness.or g/propaganda/essay.html</A>
Marijuana news Reefer Madness 97
<a href="http://www.timesoft.com/ncnorml/news9708/reefer.htm" target="_blank">http ://www.timesoft.com/ncnorml/news9708/reefer.htm</A>
Willamette Week, March 29, 1995, pp. 20 ff.
Reefer Madness: Portland Wages a New War on Pot
<a href="http://www.pdxnorml.org/reefer.html" target="_blank">http ://www.pdxnorml.org/reefer.html</A>
Atlantic Online 4/97 More Reefer Madness
<a href="http://www.theatlantic.com/issues/97apr/reef.htm" target="_blank">http ://www.theatlantic.com/issues/97apr/reef.htm</A>
Cocaine Fiends & Reefer Madness
<a href="http://lists.village.virgin ia.edu/lists_archive/sixties-l.old/0086.html[/url]" target="_blank">http ://lists.village.virgin ia.edu/lists_archive/sixties-l.old/0086.html[/url]</a>
SLAVERY IS STILL LEGAL in the USA. Contrary to what we may learn in school, the American Civil War did not see the complete abolition of slavery in 1865. The 13th Amendment to their constitution reads "Neither slavery nor involuntary servitude except as punishment for a crime..." <a href="http://www.unicor.gov" target="_blank">http ://www.unicor.gov</A>
Speaking of Reefer Madness
<a href="http://lists.village.virgin ia.edu/lists_archive/sixties-l.old/0120.html" target="_blank">http ://lists.village.virgin ia.edu/lists_archive/sixties-l.old/0120.html</A>
IOM Strikes a Blow at 'Reefer Madness'
<a href="http://www.marijuana-hemp.com/cin/facts/iom2.shtml" target="_blank">http ://www.marijuana-hemp.com/cin/facts/iom2.shtml</A>
IndieSent Exposure Presents: The Ganja Series #4:THE LINDESMITH CENTER REEFER MADNESS
<a href="http://www.indiesent.com/ganjab/reeferma/rmtitle.html" target="_blank">http ://www.indiesent.com/ganjab/reeferma/rmtitle.html</A>
CRRH Reefer Madness
<a href="http://www.crrh.org/hemptv/miscqt_reefer.html" target="_blank">http ://www.crrh.org/hemptv/miscqt_reefer.html</A>
Reefer Madness
<a href="http://www.pdxnorml.org/Atlantic_Monthly_Ree fer_Madness.html" target="_blank">http ://www.pdxnorml.org/Atlantic_Monthly_Ree fer_Madness.html</A>
The Atlantic Monthly, August 1994, Vol. 274, No. 2
<a href="http://www.theAtlantic.com/atlantic/home.htm" target="_blank">http ://www.theAtlantic.com/atlantic/home.htm</A>
Marijuana and the Law
<a href="http://www.pdxnorml.org/Atlantic_Monthly_Mar ijuana_and_the_Law.h tml" target="_blank">http ://www.pdxnorml.org/Atlantic_Monthly_Mar ijuana_and_the_Law.h tml</A>
Reefer Madness - the text
<a href="http://www.theAtlantic.com/atlantic/election/connection/Crime/ReefM.htm" target="_blank">http ://www.theAtlantic.com/atlantic/election/connection/Crime/ReefM.htm</A>
(If the Atlantic Monthly server is down, read Portland NORML's version.)
<a href="http://www.pdxnorml.org/Atlantic_Reefer_Madn ess.html" target="_blank">http ://www.pdxnorml.org/Atlantic_Reefer_Madn ess.html</A>
Where did the word `marijuana' come from?
<a href="http://www-unix.oit.umass.edu/~verdant/Marijuana_FAQ/X0006_1c_Where_did_t he_wor.html" target="_blank">http ://www-unix.oit.umass.edu/~verdant/Marijuana_FAQ/X0006_1c_Where_did_t he_wor.html</A>
Reefer Madness by Dune Hartsell
<a href="http://www.legendsmagazine. net/59/reefer.htm" target="_blank">http ://www.legendsmagazine. net/59/reefer.htm</A>
More Reefer Madness
<a href="http://www.new-universe.com/archive0/messages_1197/reefer_madness.htm" target="_blank">http ://www.new-universe.com/archive0/messages_1197/reefer_madness.htm</A>
Salon.Com Reefer Madness By Gary Kamiya Oct. 12, 2000
<a href="http://www.salon.com/news/feature/2000/10/12/drugs/index.html" target="_blank">http ://www.salon.com/news/feature/2000/10/12/drugs/index.html</A>
Reefer Madness Hits Congress by Debbi Gardiner and Declan McCullagh
<a href="http://www.wired.com/news/print_version/politics/story/21152.html?wnpg=all" target="_blank">http ://www.wired.com/news/print_version/politics/story/21152.html?wnpg=all</A>
Reefer Madness in Illinois by Craig Bicknell
<a href="http://www.wired.com/news/news/politics/story/19125.html" target="_blank">http ://www.wired.com/news/news/politics/story/19125.html</A>
"The oppressed should rebel, and they will continue to rebel and raise disturbance until their civil rights are fully restored to them and all partial distinctions, exclusions and incapacitations are removed."
Thomas Jefferson, 1776.