Well let’s jump right into this hot mess…
For those who do not know, there is some odd (and unnecessary) legal bullshit brewing at Americans for Safe Access. To make a long and ignorant story palatable, Steele Smith III is an odd fellow from Southern California. He used to run a dispensary with his wife, Theresa (who by all accounts is not creepy but for some reason puts up with Steele’s antics). They were raided, and after a lot of grandstanding about how he was going to be “the first trial to mention medical marijuana in Federal court,” he actually ended up quietly taking a deal and being sentenced to 5 years probation.
Fast forward to now. The huckster Steele Smith III is trying to sell some bullshit medicine called “Idrasil,” which was questioned by respected cannabis expert and physician Dr. Alan Frankel in an article that can be found HERE. He had this to say:
The reason he is so upset is that I don’t like them, their product nor their ridiculous claims that all major insurance companies will reimburse for their cannabinoid product. I have seen this twice before in my seven years in this business. Both times, the insurance claims were bogus and people were prosecuted. Just because checks come in from insurance companies for the “Idrasil”, does not in any way mean that the insurance companies really know what they are paying for.
I recently came into possession of several of the Idrasil pills and sent them off to two different labs; one in N Cal and one in S Cal. In both cases, the amount of active cannabinoids was no where close to their claims. I also personally ingested a tablet and had no CBD effect whatsoever. When a person ingests CBD orally, there is a very distinctive feeling in the lateral areas of ones brain, as the receptors for CBD are in a different location than THC. I felt no THC nor CBD effect.
So to continue to make the case of why Steele Smith is retarded, it is easy to see a pattern of deception and lies that he uses to create hype and promotion for his bullshit.
Now don’t get me wrong. I do not use the term “retarded” in the context of “disabled” here. This is a type of retarded that goes beyond any recognizable medical condition. It is a character defect and serious human flaw. It is a combination of ego and ignorance, as well as the belief that a stupid person is much smarter than most intelligent people. It is just…in words I cannot express otherwise….RETARDED.
re·tard 1 (r
-tärd
)
v.re·tard·ed, re·tard·ing, re·tardsv.tr.To cause to move or proceed slowly; delay or impede.v.intr.To be delayed.n.1. A slowing down or hindering of progress; a delay.
In other words…this jackass is a waste of everyone’s time and energy.
So now that the table is set for why this guy is a retard, let me explain the ASA vs ASA National bullshit that has come across my desk more than once over the last couple of weeks. Steele Smith III wanted a leadership position with a local Chapter of Americans for Safe Access. Because he is retarded, no one voted for him and he was not given the position. Like a true loser, he decided to enact his revenge.
In October 2012 he filed for a trademark under the name Americans for Safe Access with their logo, and began touting himself as the “owner” of the ASA brand and new director of “ASA NAtional.” Because of some legal realities of trademark laws, and Americans for Safe Access’ failure to properly secure their trademark, Steele believes he has found some legal standing as to why he now owns the ASA brand and logo. I told you he was retarded.
His lawsuit reads:
Plaintiff is informed and believes and thereon alleges that Defendants are presently using SMITH’s Mark on the interne, in email communications, and as well as within various promotional materials, advertisements and signs, without authorization of SMITH.
Plaintiff is informed and believes and thereon alleges that Defendant SAN DIEGO AMERICANS FOR SAFE ACCESS, Defendant SAN DIEGO ASA, and Defendant SAN DIEGO CHAPTER OF AMERICANS FOR SAFE ACCESS, and each of them, use SMITH’s Mark throughout their website, “safeaccesssd.org ,” as well as on Facebook and Twitter accounts, and that SMITH’s Mark is used without authorization…
Plaintiff is engaged in substantially exclusive use and exploitation of SMITH’s Mark in connection with the California corporation, ASA National, of which he is an officer, and association arising from the similarity between Defendants’ various trade names and SMITH’s Mark, harms the reputation of SMITH’s Mark…
But I am not a lawyer, so I do not get into the legal mumbo-jumbo too often. I try to live in the real world of ethics, morality, and good judgement. In that context, I could give a shit who “legally” owns ASA’s trademark and name. The fact is that the organization was built and developed by Steph Sherer, who is the rightful director and leader of Americans for Safe Access.
I do not always agree with Steph on policy and direction for the movement, but you will never hear me discredit or demean the work she has done. Steph is an amazing woman, and for all of our disagreements, she is one of the people in this movement who has taught me a lot about activism and being a voice for change. Her tireless efforts to get ASA off the ground and keep it active and solvent in times of despair and difficulty is something I respect greatly. I was there. I saw the hard work and the dedication. I know Steph’s heart is true, regardless of where we do not see eye to eye, and ASA has done more work for cannabis freedom than most of the other groups in the movement have combined.
Americans for Safe Access will always have a very special place in my heart. I stood in the trenches with this group for many years, while others would not even come to the table. I watched as these folks froze their ass off in a little crappy office in Berkeley organizing protests for people facing charges way back in the day before there was funding or the high level of awareness for this cause that we see now. These folks did the work and fought the hard battles when no one else would.
When I was raided by the Feds in 2007, the first call I made was to my attorney. The second call I made was to Americans for Safe Access. They sent people to my facilities to make sure my staff was okay and began organizing a response that literally probably saved me from going to prison. They were instrumental in helping me understand what I was up against and helped me develop strategies that eventually led to me serving no time in prison. Steph and her crew were an amazing asset and powerful force in creating awareness for my case and for this cause. I am proud to have worked so closely with them over the years, and honored to say that they were there for me when no one else was.
So for me this is personal. When a fucktard like Steele Smith III wants to pull some strong-armed legal bullshit on an organization I deeply respect, and when I get folks coming up to me telling me that ASA is now under new management, I get pissed. This is not an exercise in legal bullshit….it is an ethical nightmare. Steele does not own ASA or have anything to do with ASA other than being a scumbag who filed some bullshit lawsuit against the organization to drain them of their resources and enact some petty revenge for not getting his way.
I would encourage Steele Smith to get his shit together and also to get some help. You are not all there, player. It is fine to be a little out there and somewhat eccentric. I get that. But what you are trying to do here is a fucking joke. You are simply pathetic and if you were smart (which I know you might not be) you would just put an end to this now.
But I expect more backlash and kicking and screaming from you before it is all said and done. Feel free to send me one of your lovely threats. Here is one you sent to someone else that you can use as a template:
Do you want to get sued too?
Don’t you know Steph Scherer has been fired from ASA?
You need to cease & desist your activity or you will end up defending yourself, also.
Align yourself with legitimate ASA & not with losers…
You are only getting one notice,
Call me if you want a job.
Steele
Your inability to spell the person’s name you are referencing is telling….and it is not a typo, as I have several correspondence with this spelling. You willingness to threaten and work to intimidate people might work better if you spelled shit right. What it tells the world is that you are acting on your own and have no real legal counsel helping you, as any good attorney would have told you these incoherent threats would only hurt your case. I mean do you really want us to believe that any legitimate attorney advise you to release this as your public statement about the situation?
Hi Everyone,
Please know Steph Scherer has been fired from her affiliation with ASA. Please see termination letters to her & Don Duncan posted publicly, at ASANATIONAL.org. Know that any representation by Steph or Don regarding ASA activities will be construed as fraud. Also, any person or organization representing ASA in any way will result in your being sued also, personally & your affiliates. Lastly, the ASA lawsuit by Joe Alford against the U.S. will be dismissed for lack of standing as Joe elford does not legally represent ASA.
Good luck to you all in your future endeavors.
Cordially,
Steele Smith
What world do you live in? Does anyone in your camp know how to write or spell in ways that people can understand? My favorites are the screen captures of you threatening Don Duncan. A mutual friend was kind enough to share them with me. I really love the “suck my cock you Fuck” statement. I mean, that is truly awesome. Spoken like a true professional. LOL.
So I will make this ultimately clear for those of you who might not get it….
STEELE SMITH III IS RETARDED AND IF YOU ASSOCIATE WITH HIM OR BUY INTO THIS ASA NATIONAL CRAP YOU ARE ALSO RETARDED.
Now that we are clear on that, hopefully this jackass can put this to rest, and quit wasting time, energy, and resources on this bullshit lawsuit and weak attempt to co-opt the ASA brand. I do not expect him to do the right thing. I anticipate he will read this and freak out. I am sure there will be some maniac mumbling and bumbling before it is all said and done.
But Steele…..I hope you do threaten to sue me. I would love nothing more than to litigate what a worthless piece of shit you are in court, and in the court of public opinion. All legal inquiries can be sent to 710 High Street, GoFuckYourself, CA 94710. Thanks.
I will ask you this point blank too and it is something you should strongly consider…..”Does your US probation Officer know you are using electronic communication to threaten others?” (I just know when I was on Federal probation that was a big no-no and grounds for a violation. Food for thought.)
Here are the other retarded folks who have decided to join Steele on his unethical and immoral adventure:
(Not at all surprised to see MCLR proponent Dege Coutee on the list and they wonder why everyone thinks their California Initiative effort is BS)
ASA needs to get its shit together, too. This entire problem could have been avoided had they applied for the trademark on their own name. That is something every successful organization needs to do. Of course, that doesn’t change the fact that someone who attempts to steal the goodwill of others by trademarking the others’ name is a douchebag.
Tom,
Federal registration is NOT REQUIRED to claim, establish, or maintain trademark. In fact, even if you have a trademark federally register, it does not guarantee that you are the rightful owner of said trademark. Granted, it is used as an official timestamp, and often helps in court, but the judge can always said with the other party in a dispute if they can show prior use of the mark.
Should ASA have filed for federal registration in the past? Maybe. Would it have prevented this situation? Not really. Predatory people such as Steele could still try to pull the same BS and ASA would still have to spend money in court to set the record straight. Do you really think Steph or Don ‘forgot’ to file? ASA has limited funds, and they use them very efficiently, focusing on important legal battles, and not petty trademark hissy fits. Frankly, I don’t blame them for this conscious decision.
Your use of the word ‘retarded’ further stigmatizes the 7 million people in this country who have experienced enough negative baggage from the word without people like you exploiting them for an article.
He really is a dumbass BECAUSE…
A registration doesn’t give you trademark (service mark) rights, it
– ONLY – registers existing rights. If a senior, non-registered user exists, its rights would trump yours (with certain caveats). People who do what smith does are called trademark trolls.
Since smith “took” “acquired” the ASA website and loaded it up to his own website; isn’t that copyright infringement and a Federal felony in this example with ASA and smith; with smith being the felon and in the wrong again…
Nice article… Funny as all SH*T BUT so very true.