Is Marijuana Prohibition Unconstitutional?

I was in a lucid state of dreaming and the words “unalienable rights” kept coming up. I repeated the words several times as I drifted between consciousness and sleep. Once fully awake I remembered the phrase but did not know the meaning so I googled it, and to my surprise I realized that the words “unalienable rights” is part of The Declaration of Independence.

We hold these truths to be self evident, that all men are created equal, that they are endowed by there creator with unalienable rights, that among these are life, liberty, and the pursuit of happiness.

That morning I started to text a friend about dreaming the words “unalienable rights” and the spell check on my blackberry highlighted the word “unalienable” as misspelled. The suggested correct spelling was “inalienable”.  Curious, I looked up the definition of both phrases “unalienable rights” and “inalienable rights”.

Here are the definitions:

The definition of “unalienable rights,” is those rights that cannot be surrendered, sold or transferred to someone else – the government, for example, or another person. Some people refer to these as “natural” or “God-given” rights (life, liberty and the pursuit of happiness).

In contrast, “inalienable rights” are those rights that can only be transferred with the consent of the person possessing those rights.

I don’t know about you, but I’m wondering why blackberry spell check doesn’t recognize the word that defines our natural right not be surrendered or sold, but instead chooses a definition with the opposite meaning?
Later in the day, a friend of mine corrected my usage of the phrase “unalienable rights” referring to “inalienable” as being correct? Why the confusion between the two words? Is the word “unalienable” subtly being buried from our language on purpose?
Life, liberty and the pursuit of happiness is our unalienable right. “Happiness” is also defined as “property”. According to the constitution we have a god-given right to “property” so long as the “property” does not harm the owner or the community at large.
Why are we being denied the right to grow hemp when it would provide paper, fiber, fuel, clothing, food and medicine? Why is cannabis prohibition not recognized as a denial of our “god-given” or “natural rights”? After all, The Declaration of Independence was written on hemp paper.
Marijuana prohibition is the maladjustment of our dwindling independence. Our fourth of July celebrations are no different  then any of the other misguided holidays we celebrate. It is just another reason to be sold on hormone injected chickens and hamburgers for the barbeque, while we drink our Budweiser and watch fireworks made from China.  It’s all very inalienable isn’t it?
Recorded excerpt from Hollywood Hemptress Hour on the topic, “Is marijuana prohibition unconstitutional?” Host: Tere Joyce. Panel: Radical Russ Bellville, Robbie Gennet, Evan Dagger.

You Can Help Feed a Child for Less than the Price of a Gallon of Gas


The California Cannabis Hemp & Health Initiative 2012 needs your help. An initiative must have 560 signatures from registered voters to make the ballot, and without paid signature gatherers this task is a nearly impossible to accomplish.  Unfortunately, this year Mary Jane is lacking a sugar daddy albeit  George Soros to support her.

I received inspiration on how to raise the much needed money from a conversation I had with my friend Stephen over eggs, toast, and coffee. My pal’s former high school had been robbed and they no longer had a budget to throw a prom that year. So, Stephen did a post on facebook asking his friends to donate just $1.00 towards the cause. He exclaimed that almost everyone can give at least a buck to help out, and a lot of people will give more without even asking  them for it. His ideology paid off and he raised $6,000 in six weeks with very little effort. A light bulb went off in my head as I took sip of coffee…Hmm…What would happen if we expanded this idea  to raise money for the California Cannabis Hemp & Health Initiative 2012?  Would giving a little bit equate to a whole lot?  If a million people gave $4.20 each…Hmm…Do you see what I see?

What is the California Cannabis Hemp & Health Initiative 2012 really all about?

The initiative was originally written by Jack Herer author of  The Emperor Wears No Clothes: The Authoritative Historical Record of Cannabis and the Conspiracy Against Marijuana.  The bottom line is this…

The CCHHI will make the natural resource hemp legal in California again. It was previously outlawed in 1937.

Hemp for the Environment

-Hemp for cheap, green gasoline and oil.

-Hemp for biodegradable plastics and paints.

-Hemp fiber for sustainable paper and textiles.

-Anything hemp can produce is sustainable/renewable and non-toxic.

-Hemp enriches the soil and can be grown without rotating crops.

The Economy

-Hemp can create thousands of jobs.

-In 1937 Hemp was called a billion dollar crop in Popular Mechanics.

-Millions of dollars of Hemp is imported.

The Oil/Energy Crisis

-Hemp can fuel vehicles and produce motor oil.

-Hemp is way more efficient than corn for bio-fuel.

-Hemp is cleaner than coal, natural gas, shale, etc.
-Hemp fuel is not subject to global politics or peak oil price speculation.

-Stop energy price spikes.

-Hemp fuel can do anything fossil fuel can.

-In the 1930s, Ford Co. engineers successfully produced alcohol, charcoal, tar and other stock chemicals from Hemp.

Food and Medicine

-Hemp seed is one of nature’s most nutritious super-foods.

-THC from Hemp flower oil has been shown in studies to safely reduce/remove tumors.

Hemp just may be the cure for cancer.

-Medical Cannabis has been scientifically proven to be effective for many conditions and diseases despite stifled research.

This is why Cannabis is already legal medicinally in 16 states and DC.

-Cannabis is one of the few substances with no LD-50.


How will the Jack Herer Initiative effect marijuana laws and local legislature?

  •  It allows the use of marijuana for adults 21 years and older, and regulates it like beer and wine.
  •  Releases prisoners from jail who are doing time for marijuana related crimes.
  • Eliminates testing for cannabis metabolites for employment, and replaces it with a test for active THC.
  • It challenges the federal government’s constitutional ability to restrict farmers from growing  industrial hemp when they allow it to be imported to the country.
  • Legalizes entire cannabis hemp plant and establishes a hemp industry outside of the marijuana industry in the state of California.
  • Taxes recreational use of marijuana to create a  fund for the industrial hemp industry.

How does the Jack Herer initiative differ from some of the other marijuana petitions circulating in California?

The California Cannabis Hemp & Health Initiative encompasses legalization of the whole cannabis hemp plant. It challenges the federal government’s constitutional ability to restrict farmer’s from growing industrial hemp when they allow it to be imported to the country. The other initiatives only legislate at the state level. The DEA does not recognize state marijuana laws.

You can help feed a child for less than the price of a gallon of gas!

We live in an age where 70% of the meat we buy at the grocery store has a filler in it that is called “pink slime”.  “Pink slime” is contaminated cow parts that have been ammonia treated, and was previously limited to only being used in dog food.  McDonald’s and Taco Bell have recently stopped using the meat, but the USDA has plans to purchase 7 million pounds of beef containing the filler to be used in the federal program that provides lunches for schools of low-income families.

Cold glass of hemp milk.

Hemp seed can be eaten raw, ground into meal, sprouted, made into hemp milk, prepared as a tea, and used for baking. The hemp seed provides all of the omega-6 fatty acids that your body needs to stay healthy. When we legalize industrial hemp there will be no need for the federal program to feed our children hamburgers with “pink slime” injected in it, or genetically modified soy milk by Monsanto. When we legalize hemp we will create clean green energy jobs, boost our economy, provide clothing, and feed our children with good nutrition. Even if  you don’t live in the state of California, won’t you please make a donation of $4.20 to  legalize industrial hemp again? If a million people donate just $4.20 we will have enough money to get the California Cannabis Hemp & Health Initiative 2012 on the ballot this year. Please send this post to your family and friends. Tweet, and post it on Facebook. Our future is your future. To make a donation visit www.cchhi2012.org.

“Hemp is of first necessity to the wealth & protection of the country.” – Thomas Jefferson, 1791

Here is the initiative in it’s entirety:

California Cannabis Hemp & Health Initiative 2012
PROPOSED REVISIONS TO THE 2010 INITIATIVE WORDING:
AN ACT TO AMEND THE HEALTH AND SAFETY CODE OF CALIFORNIA:

I. Add Section 11362.6 to the Health and Safety Code of California, any laws or policies to the contrary notwithstanding:

1. No person, individual, or corporate entity shall be arrested or prosecuted, be denied any right or privilege, nor be subject to any criminal or civil penalties for the possession, cultivation, transportation, distribution, or consumption of cannabis hemp marijuana, including:

(a) Cannabis hemp industrial products.

(b) Cannabis hemp medicinal preparations.

(c) Cannabis hemp nutritional products.

(d) Cannabis hemp euphoric products.

2. Definition of terms:

(a) The terms “cannabis hemp” and “cannabis hemp marijuana” mean the natural, non-genetically modified plant hemp, cannabis, marihuana, marijuana, cannabis sativa L, cannabis Americana, cannabis chinensis, cannabis indica, cannabis ruderalis, cannabis sativa, or any variety of cannabis, including any derivative, concentrate, extract, flower, leaf, particle, preparation, resin, root, salt, seed, stalk, stem, or any product thereof.

(b) The term “cannabis hemp industrial products” means all products made from cannabis hemp that are not designed or intended for human consumption, including, but not limited to: clothing, building materials, paper, fiber, fuel, lubricants, plastics, paint, seed for cultivation, animal feed, veterinary medicine, oil, or any other product that is not designed for internal human consumption; as well as cannabis hemp plants used for crop rotation, erosion control, pest control, weed control, or any other horticultural or environmental purposes, for example, the extraction of atmospheric carbon dioxide and toxic soil reclamation.

(c) The term “cannabis hemp medicinal preparations” means natural cannabis hemp, and all products made from cannabis hemp that are designed, intended, or used for human consumption for the treatment of any human disease or condition, for pain relief, or for any healing purpose, including but not limited to the treatment or relief of: Alzheimer’s and pre-Alzheimer’s disease, stroke, arthritis, asthma, cramps, epilepsy, glaucoma, migraine, multiple sclerosis, nausea, premenstrual syndrome, side effects of cancer chemotherapy, fibromyalgia, sickle cell anemia, spasticity, spinal injury, stress, easement of post-traumatic stress disorder, Tourette syndrome, attention deficit disorder, immunodeficiency, wasting syndrome from AIDS or anorexia; use as an antibiotic, antibacterial, anti-viral, or anti-emetic; as a healing agent, or as an adjunct to any medical or herbal treatment. Mental conditions including, but not limited to bipolar, depression, attention deficit disorder, or attention deficit hyperactivity disorder, are also conditions considered for medical use.

(d) The term “cannabis hemp nutritional products” means cannabis hemp grown for consumption by humans and animals as food, including but not limited to: seed, seed protein, seed oil, essential fatty acids, seed cake, dietary fiber, or any preparation or extract thereof.

(e) The term “cannabis hemp euphoric products” means cannabis hemp intended for internal consumption by people for personal recreational, meditative, spiritual, religious, or other purpose, other than cannabis hemp industrial products, cannabis hemp medicinal preparations, or cannabis hemp nutritional products.

(f) The term “personal use” means the internal consumption of cannabis hemp by people 21 years of age or older for any relaxant, meditative, religious, spiritual, recreational, or other purpose other than sale.

(g) The term “commercial production” means the production of cannabis hemp products for sale or profit under the conditions of these provisions.

3. Industrial cannabis hemp farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirement, licensing fee, or tax that is excessive, discriminatory, or prohibitive.

4. Cannabis hemp and cannabis hemp medicinal preparations are hereby reclassified and de-scheduled from the California Uniform Controlled Substances Act, and restored to the list of available medicines in California. Licensed physicians shall not be penalized for, nor restricted from, approving or recommending cannabis hemp for medical purposes to any patient, regardless of age. No tax shall be applied to cannabis hemp medicinal preparations. Medical research shall be encouraged. No recommending physician shall be subject to any professional licensing review or hearing as a result of recommending or approving medical use of cannabis hemp marijuana.

5. Personal use of cannabis hemp euphoric products.

(a) No permit, license, or tax shall be required for the non-commercial cultivation, transportation, distribution, or consumption of cannabis hemp.

(b) Testing for inactive and/or inert residual cannabis metabolites shall not be required for employment or insurance, nor be considered in determining employment, other impairment, or intoxication. Testing for active (not metabolized) cannabis may be used and considered in determining employment, impairment, or intoxication.

(c) When a person falls within the conditions of these exceptions, the offense laws do not apply and only the exception laws apply.

6. Commerce in cannabis hemp euphoric products shall be limited to adults, 21 years of age and older, and shall be regulated in a manner analogous to California’s beer and wine model. For the purpose of distinguishing personal from commercial production, 99 flowering female plants and 12 pounds of dried, cured cannabis hemp flowers, bud, but not leaf, produced per adult, 21 years of age and older, per year shall be considered as being for personal use.

7. The manufacture, marketing, distribution, or sales, between adults, of equipment or accessories designed to assist in the planting, cultivation, harvesting, curing, processing, packaging, storage, analysis, consumption, or transportation of cannabis hemp plants, industrial cannabis hemp products, cannabis hemp medicinal preparations, cannabis hemp nutritional products, cannabis hemp euphoric products, or any cannabis hemp product shall not be prohibited.

8. No California law enforcement personnel or funds shall be used to assist or aid and abet in the enforcement of Federal cannabis hemp marijuana laws involving acts that are hereby no longer illegal in the State of California.

9. Any person who threatens the enjoyment of these provisions is guilty of a misdemeanor. The maximum penalties and fines of a misdemeanor may be imposed.

II. Repeal, delete, and expunge any and all existing statutory laws that conflict with the provisions of this initiative.

1. Enactment of this initiative shall include: case review for the purpose of amnesty, immediate release from prison, jail, parole, and probation, and clearing, expunging, and deletion of all cannabis hemp marijuana criminal records for all persons currently charged with, or convicted of any non-violent cannabis hemp marijuana offenses included in this initiative which are hereby no longer illegal in the State of California. People who fall within this category that triggered an original sentence are included within this provision.

2. Within 60 days of the passage of this Act, the Attorney General shall develop and distribute a one-page application, providing for the destruction of all cannabis hemp marijuana criminal records in California for any such offense covered by this Act. Such forms shall be distributed to district and city attorneys and made available at all police departments in the State to persons hereby affected. Upon filing such form with any Superior Court and a payment of a fee of $10.00, the Court shall liberally construe these provisions to benefit the defendant in furtherance of the amnesty and dismissal provision of this section. Upon the Court’s ruling under this provision the arrest record shall be set aside and be destroyed. Such persons may then truthfully state that they have never been arrested or convicted of any cannabis hemp marijuana related offense that is hereby no longer illegal in the State of California. This shall be deemed to be a finding of factual innocence under California Penal Code Section 851.8 et seq.

III. The legislature is authorized upon thorough investigation, to enact legislation using reasonable standards to:

1. License concessionary establishments to distribute cannabis hemp euphoric products in a manner analogous to California’s beer and wine industry model. Sufficient community outlets shall be licensed to provide reasonable commercial access to persons of legal age, so as to discourage and prevent the misuse of, and illicit traffic in, such products. Any license or permit fee required by the State for commercial production, distribution or use shall not exceed $1,000.00. Regulation and enforcement shall be in a manner analogous to California’s beer and wine model.

2. Place an excise tax on commercial sale of cannabis hemp euphoric products, analogous to California’s wine industry model, so long as no excise tax or combination of excise taxes shall exceed $10.00 per ounce of dried cured cannabis flowers or $2.00 per gram of cannabis concentrates. Fifty percent of the excise tax revenues collected shall be made available for the research, development and promotion of industrial and medicinal hemp industries in California.

3. Determine an acceptable and uniform standard of impairment based on performance testing, to restrict persons impaired by cannabis hemp euphoric products from operating a motor vehicle or heavy machinery, or otherwise engaging in conduct that may affect public safety.

4. Regulate the personal use of cannabis hemp euphoric products in enclosed and/or restricted public places.

IV. Pursuant to the Ninth and Tenth Amendments to the Constitution of the United States, the people of California hereby repudiate and challenge Federal cannabis hemp marijuana prohibitions that conflict with this Act.

V. Severability: If any provision of this Act, or the application of any such provision to any person or circumstance, shall be held invalid by any court, the remainder of this Act, to the extent it can be given effect, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Act are severable.

VI. Construction: If any rival or conflicting initiative regulating any matter addressed by this Act receives the higher affirmative vote, then all non-conflicting parts shall become operative.

VII. Purpose of Act: This Act is an exercise of the police powers of the State for the protection of the safety, welfare, health, and peace of the people and the environment of the State, to protect the industrial and medicinal uses of cannabis hemp, to eliminate the unlicensed and unlawful cultivation, selling, and dispensing of cannabis hemp; and to encourage temperance in the consumption of cannabis hemp euphoric products. It is hereby declared that the subject matter of this Act involves, in the highest degree, the ecological, economic, social, and moral well being and safety of the State and of all its people. All provisions of this Act shall be liberally construed for the accomplishment of these purposes: to respect human rights, to promote tolerance, and to end cannabis hemp prohibition.

Marijuana & Massage Parlors

Jose Huizar gave a corporate style power point presentation at Eagle Rock’s State of the Town speech on Feb. 1st, 2012. Huizar’s attitude appeared laissez faire as he discussed local graffiti, tree trimming, and the hot topic of banning medical marijuana collectives.  As if he were speaking to his locker room buddies he seized a moment to make a joke about cracking down on local massage parlors due to reports of sexually transmitted diseases.

First it was pot shops. Now it’s erotic massage parlors.

In the last two years, they’ve proliferated in the city — just as dispensaries did, and for a familiar reason.

In both cases, Los Angeles failed to quickly assess and act upon the ramifications of a new state law. Reportedly, there are 24 marijuana collectives in Eagle Rock and 30 massage parlors. 

The problem is connected to a 2009 state law that created voluntary state certification for massage therapists. The intent was to make it easier for legitimate massage therapists to work anywhere in the state, but instead it has allowed entrepreneurs to no longer have to apply for police permits.

In previous raids, police have discovered that some of the women working in the parlors are illegal immigrants working to pay off debts. Isn’t this human trafficking?

Despite the fact that human trafficking may be taking place in our own neighborhoods all questions presented to Huizar were about marijuana collectives. The first question asked was to show evidence that the medical marijuana dispensaries increased neighborhood crime.  Jose haphazardly read the question by skimming over the words as if most of it were irrelevant to those in the audience. Folks in the crowd began to yell, “We can’t hear you!” When he doubled talked his answer the group shouted, “You’re not answering the question!” He was ill prepared to deal with their heckling and walked the room like  a bad comedian.

After about 20 minutes of nothingness he finally answered, “My constituents tell me there is increased crime from the marijuana collectives.” Who are his “constituents” and why is their word the truth despite other evidence such as the Rand Report? Hasn’t he researched his data, or is he just taking instructions from another source? Based on his power point presentation, his “constituents” appear more like CEO’s of a powerful corporation than local authorities.  Huizar came ill-prepared for the bombardment of marijuana questions, and may have had to wear a dunce cap back at the office. If we were to rate Huizar’s performance like a porn revue…I would give him the rating of a “soft woody”.

Part of Huizar’s defense was that the collectives claim to be non-profits that make over a hundred thousand dollars a year without paying taxes. This is entirely untrue. The collectives do pay taxes, and measure “M” was passed which would allow a tax based revenue stream to help local cities.  Meanwhile, our local city council members make over one hundred thousands dollars a year. Let’s tax Huizar to help create revenue for our much needed economy, and make this a real Happy Ending.

Tim Ryder at the State Town Address

Marijuana activists showed up unified under the leadership of  Tim Ryder who is the founder of Cannabis Clubs United with the Community. They were dressed in black to express that if  marijuana collectives are banned patients would be forced to get their medicine from the Black Market. To listen to Tim Ryder on Hollywood Hemptress Hour click here .

What is A Hippie and Why Are They Dirty? (Part One)

I can vividly remember a vacation that I took to San Francisco in the back seat of a car in 1968. I sat in the back with my childhood friend Cherry Carpio whom I had a love/hate relationship with. We first met when we were 2 years old, and I was wearing a dress with strawberries on it. For no reason Cherry pushed me into the rose bushes.  I was dumbfounded by her actions. I concluded,  if your going to push someone at least have a good reason for it; otherwise it doesn’t make any sense at all.

So, there we were sitting in the back of the car when one of the adults in the front seat said, ” Let’s drive through Haight Ashbury and look at the hippies, and the homosexuals!” The adult suggested it with such enthusiasm that I thought, “We must be driving through some sort of cool themed animal zoo. So I asked, “What are the hippies and the homosexuals?

I looked up the word Hippie. It is defined as: Nonconformist, bohemian beatnik, drop-out, flower child, free spirit, free thinker. Oh, and I love this one…freak. Related internet searches are: hippie clothing, hippie slang, hippie graphics. hippie art, hippie sayings, hippie symbols, hippie bus, hippie music. hippie goddess, hippie names, and Dirty Hippie.

Recently I read a news article online about Occupy LA’s  arrest and evacuation from City Hall. In the article there was a photo of police cleaning the park wearing the kind bio-hazard gear you see actors wear in those epidemic disease movies. There was a line that read something like, ” We’re really happy to get rid of those dirty hippies, and we really hope they got a flu shot.”  Well, I just want to point out to the paper whom published the article that some of the occupiers weren’t just hippies. They were also communists. Call them what you want. In my opinion, not only have the “hippies” changed the world, but they are now commercially mainstream. Haven’t you noticed the tie-died peace sign clothing sold in the children’s department of Nordstrom? Do you think there will be occupy clothing twenty years from now? Will there be jacket’s, scarves. and ski masks with the 99% sprayed on them in Walmart stores across America?

How did the Bourgeois Hippies change the world?

How did the Bourgeois Hippie’s change the world? Once upon a time, a group of nonconformist, bohemian, beatnik, free spirited, free thinking, freaky, bourgeois communists… smoked some pot, took some acid, ate some mushrooms, tripped, tuned -in, dropped out, and became conscious of their lack of desire to push anybody for no reason. Why, you may ask? It no longer made any sense to them at all.

Just Say No to Big Pharma!

One again the civilians of Los Angeles are interfaced with the reality that their elected politicians are attempting to shutdown local medical marijuana collectives. Despite the fact...that in the last election we voted for Measure “M” which allows medical marijuana sales to be taxed. Despite the fact…that our California State Attorney General Kamala Harris is drafting new regulations on medical marijuana. Despite the fact…that the Rand Corporation study on  marijuana legalization has confirmed that cannabis commerce  makes neighborhoods safer. So, the big question of the day is… WTF is up with this bullshit?

Fact: The drug companies have spent more than $3 billion on lobbyists and political ” Contributions” over the last decade.

Fact: Nine of the biggest media corporations are controlling partners in the pharmaceutical health care industries.

Fact:  The American Medical Association was financed by the Rockefellars (Federal Reserve).

Fact: The Mellons, Morgans, Duponts , and Rockefellars all helped create and pass the Marihuana Tax of 1937.

“But I know this: I was blind, and now I can see!” John Chapter 9, Verse 29 .

If the clouds have parted and you can see the light, then come join us at Jose Huizar’s State of the Town Address. Our local councilman Jose Huizar, wants to shut down the local marijuana collectives in Los Angeles and send their patients into the violent and completely unregulated Black Market.

Fact: The dispensaries are already regulated and licensed by the city.

Fact: Almost 80% of Americans support medical marijuana.

Fact: Shutting down cannabis collectives will only benefit the Black Market drug cartels.

Please attend the meeting in black attire to symbolize Jose Huizar’s “Black Market Strategy”. The meeting will be held Wednesday Feb. 1st, 2012 6:30 P.M. to 8:00 P.M. located at the Eagle Rock Center of the Arts. For more info go to www.ccuwc.org.

The black attire event is organized by Cannabis Clubs United With the Community. Tim Ryder founder of CCUWC announced the event on Hollywood Hemptress Hour Episode 042: Total Recall 2012. To listen click here.

Remember there is no shame in medicating with cannabis, and Just Say No to Big Pharma!