Weed Activist

This is who people trust with their freedoms? Come on. GET REAL!

September 12, 2010 in Feds, Legalization, Miscellaneous


Yes. This is just who I want representing my interests and doing legal commentary on the biggest cannabis vote of the last 40 years…Good luck with that….

FREE MARC EMERY: Sentencing set for Fri. September 10

September 7, 2010 in Feds

To put it simply, our Government sucks for putting a person like Marc in prison for selling the seeds of a plant. it is a shameful situation when most of the world understands what a joke cannabis prohibition is, yet prosecutors and law enforcement continue to masquerade as if they are saving the world with this bullshit. Get a grip. These thugs who are imprisoning Marc, and those that continue to waste our country’s precious resources putting cannabis users and providers in jail, have a special place in hell. In the words of the great Martin Luther King Jr., “Injustice anywhere is a threat to justice everywhere.” Marc and all of the other cannabis political prisoners deserve our undying love for their sacrifice to fight these terrible injustices….

“Prince of Pot” Marc Emery To Be Sentenced Friday, September 10

CANNABIS CULTURE – Marc Scott Emery, the leader of the BC Marijuana Party and well-known marijuana activist and businessman, will be sentenced in a US Federal Courtroom in Seattle, Washington on Friday, September 10.

Marc Emery is expected to be formally sentenced to the 5-year term he agreed to in his plea deal. If the judge sentences him to more or less time, the deal will be null and void, and a trial will ensue with the possibility of 30 years to life in prison.

Jodie Emery, wife of Marc Emery, will be at the US Federal Court (700 Stewart Street, downtown Seattle) at noon on Friday to meet with supporters and media.

“It’s nerve-wracking to go through this process,” Jodie said, “but Marc and I are both doing our best to stay strong. We know he is a political prisoner and, no matter the outcome on Friday, we just want him to be brought home to serve his sentence in Canada.”

Public Safety Minister Vic Toews is responsible for Marc’s repatriation to Canada. He has received hundreds of letters and phone calls asking him to approve Marc’s transfer treaty request to come home, as required by law and the Charter.

The Drug Enforcement Administration, on the day of Marc’s arrest in 2005, said that he was targeted as “the founder of a legalization group” and it was “a significant blow to the marijuana legalization movement” because “hundreds of thousands of dollars of Emery’s illicit profits were channeled to drug legalization groups active in the United States and Canada”.

(The press release can be found online at www.FreeMarc.ca under “Who Is Marc Emery” or by downloading the original file at http://www.cannabisculture.com/v2/files/Tandystatement.jpg)

Though the DEA and the media have reported that Marc “made millions of dollars”, Jodie Emery insists the money was all given away to activism groups and events.

“Marc started selling seeds with the explicit goal of funding the marijuana legalization movement, which he did tremendously well, to the tune of $4 million dollars over the decade he was in business,” she said. “He paid his income tax on seed sales, and operated openly and transparently. Marc and I have no savings, bonds, stocks, property, cars, homes, or anything of value. On the day of his arrest, he had $11 in his bank account. Marc Emery sold seeds not for personal profit, but for drug policy reform and progress that has, since he started in 1994, been very successful.”

On Saturday, September 18, rallies are being held in over 57 cities in North America and abroad. This is the fourth Worldwide Rally to Free Marc Emery since 2005. Thousands of people support Marc Emery and have participated in activism to raise awareness of his history and current incarceration.

Marc is currently imprisoned at the maximum-security SeaTac Federal Detention Centre. He was subjected to three weeks in solitary confinement for a “prison podcast” recording, but has been in general population since.

Source: http://www.cannabisculture.com/v2/content/2010/09/06/Prince-Pot-Marc-Emery-Be-Sentenced-Friday-September-10

FEDS allowed to disregard private property to GPS your car

August 31, 2010 in Feds

CW: The DEA did this to me. Was it in my driveway? Most likely. The real question is why do they have the right to touch my car or anything else I own without evidence of guilt? Or a better question is why is the Federal Government wasting resources playing cloak and dagger for cannabis? Last time I checked we were trillions in debt and people were outraged over government spending. How do we continue to pay for this type of bullshit and let education go unfunded. Our country is morally challenged to say the least. We spend bazillions on the military, law enforcement, and prisons- and my kid has to bring his own toilet paper to school. WTF?

These ass-clowns continue to waste resources on cannabis enforcement and drug reconnoissance, but they have not slowed down drug use, trafficking, or crime one iota. That is sad. I believe that if after 40 years your mission is a complete failure, maybe it is time to reevaluate the mission….Just saying.

Court Allows Warrantless GPS Tracking In Marijuana Case

In a bizarre and unsettling decision, a federal court has ruled that government agents may sneak onto your property, put GPS devices on your vehicles, and follow you around 24/7 — without bothering to obtain a search warrant.
The U.S. Court of Appeals for the Ninth Circuit, which covers California and eight other western states, issued the ruling — which basically means the government can monitor you anytime that it wants — in a case involving a suspected marijuana grower, reports Linda Young at All Headline News.

Among the biggest casualties of the court’s ruling is the Fourth Amendment to the U.S. Constitution, part of the original Bill of Rights, which just took some major damage. The Fourth Amendment states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

According to the unprecedented — and scary — ruling, you do not have any reasonable expectation of privacy in your own driveway, and no reasonable expectation that the government isn’t tracking all your movements, reports Adam Cohen at Time.
Warrantless GPS tracking now joins warrantless wiretaps and police arrests of people who photograph them on the growing list of activities that once, not so long ago, would have been unthinkable and unlawful on the part of the United States government.
The ruling, which came before the court via the Drug Enforcement Administration’s 2007 arrest of Juan Pineda-Moreno, an Oregon resident they suspected was growing marijuana in California, has already been upheld at the Federal level.
“It is a dangerous decision,” Time magazine warns, “one that, as the dissenting judges warned, could turn America into the sort of totalitarian state imagined by George Orwell.
“It is particularly offensive because the judges added insult to injury with some shocking class bias: the little personal privacy that still exists, the court suggested, should belong mainly to the rich,” said Cohen in Time.
Federal agents had sneaked onto Pineda-Moreno’s property in the middle of the night and attached a GPS tracking device to his Jeep’s underside in the driveway, a few feet from his trailer home.
After Pineda-Moreno challenged the DEA’s actions, a three-judge panel of the Ninth Circuit ruled in January that it was all perfectly legal. Even more disturbingly, a larger group of judges on the circuit, who were subsequently asked to reconsider the ruling, decided this month to let it stand.
Pineda-Moreno eventually pleaded guilty to conspiracy to grow marijuana, and is now serving a 51-month sentence, according to his lawyer.
The court’s decision goes against the long tradition of courts holding that people have a reasonable expectation of privacy in their homes and in the “curtilage,” a legal term for the area around the home.
“The government’s intrusion on property just a few feet away was clearly in this zone of privacy,” Time points out.
The judges, in tortured and almost unbelievable “logic,” explained that Pineda-Moreno’s driveway was not “private.” It was open to strangers, they claimed, such as delivery people and neighborhood children, who could wander across it uninvited.
“I guess that means if the neighbor kids can get into your yard, it’s also fair game for federal agents with no warrant as well,” said Tina Trimble Belliston at The North Star National.
Chief Judge Alex Kozinski, who dissented from this month’s decision refusing to reconsider the case, pointed out the only homes not open to strangers are the residences of wealthy people. The court’s ruling, he said, means that people who protect their homes with electric gates, fences and security booths have a large protected zone of privacy around their homes.
People who can’t afford such barriers have to put up with government agents sneaking around at night, according to the ruling, Kozinski said.
“There’s been much talk about diversity on the bench, but there’s one kind of diversity that doesn’t exist,” the Reagan appointee said. “No truly poor people are appointed as federal judges, or as state judges for that matter.”
Kozinski said the judges in the majority were guilty of “cultural elitism” for favoring the rich in expectations of privacy. Everybody may be equal under the law in the United States, but some are apparently a lot more “equal” than others.
As pointed out by Time, the damage doesn’t stop at that point.
The court went on to make a second terrible decision about privacy: That once a GPS device has been planted, government agents are free to use it to track people without getting a warrant.
A high-stakes, major battle is playing out in the federal and state courts over this issue. If government agents are allowed to track anyone they want with secretly planted devices anytime they want — without having to even ask a court for a warrant — “we are one step closer to a classic police state,” Time magazine says.
“1984 may have come a bit later than predicted, but it’s here at last,” Judge Kozinski lamented in his dissent, which called the government’s tactics “creepy” and “underhanded.”
“I think it is Orwellian,” said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which advocates for privacy rights, reports Dugald McConnell at CNN.
“If the courts allow the police to gather up this information without a warrant, the police could place a tracking device on any individual’s car — without having to ever justify the reason why they did that,” Rotenberg said.
The issue is likely to eventually end up in the U.S. Supreme Court, since some other courts have come to different conclusions from the Ninth Circuit’s. The influential U.S. Court of Appeals for the District of Columbia Court, for instance, ruled this month that tracking for an extended period of time with GPS is an invasion of privacy that requires a warrant.
Source: http://www.tokeofthetown.com/2010/08/court_allows_warrantless_gps_tracking_in_marijuana.php#

DEA takes over case when State begins losing it..

August 6, 2010 in Feds

On eve of Marin trial, pot suspect arrested by feds

Marin Independent-Journal

A Petaluma stuntman on the brink of a drug trafficking trial in Marin was arrested on federal charges when he arrived for court Wednesday. Avery Badenhop, a skydiver and tattoo artist who calls himself  ”Tattoo Buckaroo,” is now facing a potential 10-year minimum prison sentence if convicted in the federal case. Badenhop is charged with possession of marijuana with intent to distribute, according to a  complaint filed in U.S. District Court in San Francisco. Marin prosecutors dismissed their charges Wednesday after Badenhop was arrested by federal authorities. Jury selection was slated to begin Thursday in the local case.  Badenhop, 47, came to court Wednesday for a pre-trial motion to get his case dismissed on medical marijuana grounds. Defense attorney Douglas Rappaport planned to call witnesses who would testify that Badenhop was delivering marijuana to legal dispensaries when he was arrested in San Rafael last August. Rappaport said Marin prosecutors dismissed their case and turned  it over to the feds because they “smelled an acquittal.” He said authorities were apparently more interested in keeping the $750,000 in cash seized from Badenhop than hearing the truth about his legitimate medical marijuana work.

“I think we had them in check, and it was about to be checkmate, and they knocked the pieces right off the board,” he said. “The evidence was going to be presented today. They just didn’t care to wait.”District Attorney Ed Berberian said giving the case to the federal authorities “simplifies jurisdictional issues” in the case, which involves Marin and Sonoma counties. It also exposes Badenhop to a potentially longer prison sentence, he said. Had federal authorities declined to take the case, Berberian said, “We were prepared to go forward.”

Badenhop is being held without bail at the Marin County Jail pending an initial court appearance Thursday in federal court in San Francisco. Badenhop’s arrest by federal marshals is the latest twist in a case that began nearly one year ago with a routine traffic stop in San Rafael.

On Aug. 28, the California Highway Patrol stopped a vehicle that was speeding on Interstate 580 in San Rafael. Police found Badenhop at the wheel and the strong smell of fresh marijuana emanating from the
car. Badenhop’s hands were shaking and he was smoking several cigarettes simultaneously in an apparent effort to mask the marijuana odor, according to an affidavit by Special Agent Todd Enger of the federal Drug Enforcement Administration.

The CHP detained Badenhop and called the Marin County Major Crimes Task Force to examine the contents of the car. The task force found 20 pounds of processed marijuana in the vehicle plus half a pound of hashish and four ounces of hash oil. Investigators then obtained a search warrant for Badenhop’s home, where they found another 32 pounds of processed marijuana, $750,000
in cash, a stash of handguns, and evidence leading them to several other residences and five additional suspects in Petaluma.

In all, the task force confiscated $804,000 in cash, 62 pounds of processed marijuana, and a trove of hash oil, concentrated cannabis, marijuana plants and handguns. All six suspects were booked into
Marin County Jail on drug and conspiracy allegations.

In the end, only Badenhop was charged in Marin Superior Court. The task force vigorously sought charges in Sonoma County, where much of the investigation was focused, but none were filed there. Badenhop posted bail last fall after a judge reduced it from $2.5 million to $500,000.

Badenhop is a veteran stunt jumper and cameraman who has appeared on ”Nash Bridges,” “Hard Copy” and “60 Minutes II,” among other programs, according to his website.

Click to listen highlighted text! Powered By GSpeech