Busted

[Mama Train]

Good Morning Wingman...
here's the link to the thread originally posted by T.S.

Am I the Only One Bothered by This?

Here's a the little bit that lead to the actual patent...


Patent #6630507, assigned to the Department of Health and Human Services, awarded October 7th, 2003. "Cannabinoids as antioxidants and neuroprotectors."

You can read about it at PatentStorm.


I don't know if it will b any help but u never know how a sharp ATTY could use the info. The fact the us gov acknolwedeges the Medical Benifits and u r a legal provider makes ur arrest a contridiction of what is right. I hope SOMEONE can show the people how corrupt our drug policy really is....its clear the weed is not as evil as the retoric would have us believe or why else would our own gov obtain this patent?????
Were u arrested because the gov is seting up to hand this medication to Pharma...and u r a victim of their lil smokescreen(no pun intended) until they r geared to bring the product to the medical market?

 

[Captain Kronic]

I can only say that I feel for you my friend. I sit here looking at my own garden and wonder how I would react to such a thing. Fortunately for me, Oregon is a good state to be as a grower.
Nevertheless... I hope for you the best in this time of trial.

 

[Wingman420]

Good Morning Wingman...
here's the link to the thread originally posted by T.S.

Am I the Only One Bothered by This?

Here's a the little bit that lead to the actual patent...


Patent #6630507, assigned to the Department of Health and Human Services, awarded October 7th, 2003. "Cannabinoids as antioxidants and neuroprotectors."

You can read about it at PatentStorm.

I don't know if it will b any help but u never know how a sharp ATTY could use the info. The fact the us gov acknolwedeges the Medical Benifits and u r a legal provider makes ur arrest a contridiction of what is right. I hope SOMEONE can show the people how corrupt our drug policy really is....its clear the weed is not as evil as the retoric would have us believe or why else would our own gov obtain this patent?????
Were u arrested because the gov is seting up to hand this medication to Pharma...and u r a victim of their lil smokescreen(no pun intended) until they r geared to bring the product to the medical market?

Mama Train, I read Tortured Soul's post but never thought of applying that info to my case.
As you stated " u never know how a sharp ATTY could use the info." I will forward this to him and keep you posted. I started this thread for this very reason. Any grower of MMJ can be arrested at any time here in the East because the Police count different than everybody else and have been stealing peoples property for having marijuana for decades.

I can only say that I feel for you my friend. I sit here looking at my own garden and wonder how I would react to such a thing. Fortunately for me, Oregon is a good state to be as a grower.
Nevertheless... I hope for you the best in this time of trial.

OldSchooler, I truly appreciate your support and kind words. I was 420% legal and never thought this would happen. I could have spit nails when I was incarcerrated without bail.

 

[Keith Lake]

If the system wasn't rigged against us, this would make a pretty rational argument against the assertion that Cannabis is Class 1 - no medicinal usage or value.

So which is it (speaking to the gov as defendant), it's the best thing since sliced bread and you deserve a patent, or it's so bad that it has no medicinal value.

Patent #6630507, assigned to the Department of Health and Human Services, awarded October 7th, 2003. "Cannabinoids as antioxidants and neuroprotectors."

 

[Hogdady]

From the Justice Department's website....

Schedule I
- The drug or other substance has a high potential for abuse.

- The drug or other substance has no currently accepted medical use in treatment in the United States.

- There is a lack of accepted safety for use of the drug or other substance under medical supervision.

- Examples of Schedule I substances include heroin, lysergic acid diethylamide (LSD), marijuana, and methaqualone.

 

[Mama Train]

If the system wasn't rigged against us, this would make a pretty rational argument against the assertion that Cannabis is Class 1 - no medicinal usage or value.

So which is it (speaking to the gov as defendant), it's the best thing since sliced bread and you deserve a patent, or it's so bad that it has no medicinal value.

Key phrase "gov as defendant"
Could we orginize a class action against them for continuing to endanger homes and famlies of patients and providers? For waging an unfair war on those in need and the compassionate souls that provide while they sit on this document refusing to acknowledge their own research?
Just wondering ....
mama hopes for freedom to treat her pain without fear

 

[TorturedSoul]

From the Justice Department's website....

Schedule I
• The drug or other substance has a high potential for abuse.

• The drug or other substance has no currently accepted medical use in treatment in the United States.

• There is a lack of accepted safety for use of the drug or other substance under medical supervision.

• Examples of Schedule I substances include heroin, lysergic acid diethylamide (LSD), marijuana, and methaqualone.

It is my understanding that in order to legitimately qualify for inclusion as a Schedule I substance, ALL THREE statements must be true for that substance. Not, err... none of the three.

You know, like... tobacco.

Key phrase "gov as defendant"
Could we orginize a class action against them for continuing to endanger homes and famlies of patients and providers? For waging an unfair war on those in need and the compassionate souls that provide while they sit on this document refusing to acknowledge their own research?
Just wondering ....
mama hopes for freedom to treat her pain without fear

In a perfect world - one in which you couldn't possibly lose a legal fight simply because the government or one of it's agents take the tactic of "because we say so," you would be able to include both the federal government in general, and ALL persons who are (and/or have been) part of that government who, in their official capacity in that government, have caused - either by their actions or their inactions - cannabis to remain on the Schedule I list. Just as being ignorant of any given law is no proper defense for violating that law, being unqualified (either in terms of medical knowledge, as a scientist, or both) to make decisions about cannabis, its affects, its addictiveness or non-addictiveness, its medical value, and the safety in using it. Furthermore, those who make up said government and who have personal knowledge (through past and/or current use of cannabis) that those three statements are false where cannabis is concerned are not only guilty of criminal negligence, they are also guilty of harm by FRAUD. Harm to the many, many people who have been punished by a monetary fine, a seizure of property and goods, and/or incarceration. Harm to those who use it medically and who have had to follow an arbitrary set of rules to do so. Harm to those who would have used it for medicinal purposes in the past, but could not. Harm to those in the 36 states who STILL cannot. Harm to the millions of people who currently do or in the past have used it for recreational purposes and who have had to modify their lifestyle, their means of employment, or any other facet of their lives in some detrimental way because of cannabis' inclusion as a Schedule I narcotic. And harm to the American people in general because: By including cannabis on said schedule, the government has caused a large portion to be looked at as less than the productive members of this country which they are - or potentially would have been, otherwise - and therefore those people's contributions to society have been unfairly tampered with; By causing the citizens of this country to bear the cost of financing all police actions where cannabis and cannabis-related activities among adults are concerned via the tax that the citizens must pay; and by removing even the possibility of taxing cannabis used for recreational purposes - and the monies that such a tax would have contributed.

Something like that? That last part would have to be modified if/when California passes Proposition 19 and initiates some form of tax on the purchase/sales of cannabis for recreational use, of course - but it is true that there has been a LONG stretch of years in which cannabis was not taxed in this country. Were it a legal product, that almost certainly would not have been the case.

Oh, yeah - I almost forgot: Don't forget to make it a part of your legal statement how tobacco - a product which has never (and could not have) been tested and passed by the FDA - is NOT classified as a Schedule I substance even though it so clearly belongs there as all three qualifiers are true for it - as proven by everything from controlled scientific studies, findings of those who use it - and their next-of-kin - and their doctors, and even memos and other documents from the tobacco companies themselves that have been leaked throughout the years!

Why add such a statement to such a lawsuit when the lawsuit pertains to cannabis and not tobacco? Simply put, it demonstrates by example that the federal government has in part used "Schedule I" (and, tangentially, its agency the FDA) capriciously for reasons of greed and power and to further the profits of one of its largest financial contributors with utter disregard to the facts, the health of its citizenry, and common sense.

If anyone knows a lawyer - preferably someone who is better able to place their thoughts into words than myself - would they please pass this post along to them?

[EDIT: I know that the President cannot be sued in most cases while he is in office. But I do not believe that this holds true for the many other persons serving (or "serving") in some capacity in the federal government. I also do not know if the office of President may be sued.]

 

[Mama Train]

It is my understanding that in order to legitimately qualify for inclusion as a Schedule I substance, ALL THREE statements must be true for that substance. Not, err... none of the three.

You know, like... tobacco.



In a perfect world - one in which you couldn't possibly lose a legal fight simply because the government or one of it's agents take the tactic of "because we say so," you would be able to include both the federal government in general, and ALL persons who are (and/or have been) part of that government who, in their official capacity in that government, have caused - either by their actions or their inactions - cannabis to remain on the Schedule I list. Just as being ignorant of any given law is no proper defense for violating that law, being unqualified (either in terms of medical knowledge, as a scientist, or both) to make decisions about cannabis, its affects, its addictiveness or non-addictiveness, its medical value, and the safety in using it. Furthermore, those who make up said government and who have personal knowledge (through past and/or current use of cannabis) that those three statements are false where cannabis is concerned are not only guilty of criminal negligence, they are also guilty of harm by FRAUD. Harm to the many, many people who have been punished by a monetary fine, a seizure of property and goods, and/or incarceration. Harm to those who use it medically and who have had to follow an arbitrary set of rules to do so. Harm to those who would have used it for medicinal purposes in the past, but could not. Harm to those in the 36 states who STILL cannot. Harm to the millions of people who currently do or in the past have used it for recreational purposes and who have had to modify their lifestyle, their means of employment, or any other facet of their lives in some detrimental way because of cannabis' inclusion as a Schedule I narcotic. And harm to the American people in general because: By including cannabis on said schedule, the government has caused a large portion to be looked at as less than the productive members of this country which they are - or potentially would have been, otherwise - and therefore those people's contributions to society have been unfairly tampered with; By causing the citizens of this country to bear the cost of financing all police actions where cannabis and cannabis-related activities among adults are concerned via the tax that the citizens must pay; and by removing even the possibility of taxing cannabis used for recreational purposes - and the monies that such a tax would have contributed.

Something like that? That last part would have to be modified if/when California passes Proposition 19 and initiates some form of tax on the purchase/sales of cannabis for recreational use, of course - but it is true that there has been a LONG stretch of years in which cannabis was not taxed in this country. Were it a legal product, that almost certainly would not have been the case.

Oh, yeah - I almost forgot: Don't forget to make it a part of your legal statement how tobacco - a product which has never (and could not have) been tested and passed by the FDA - is NOT classified as a Schedule I substance even though it so clearly belongs there as all three qualifiers are true for it - as proven by everything from controlled scientific studies, findings of those who use it - and their next-of-kin - and their doctors, and even memos and other documents from the tobacco companies themselves that have been leaked throughout the years!

Why add such a statement to such a lawsuit when the lawsuit pertains to cannabis and not tobacco? Simply put, it demonstrates by example that the federal government has in part used "Schedule I" (and, tangentially, its agency the FDA) capriciously for reasons of greed and power and to further the profits of one of its largest financial contributors with utter disregard to the facts, the health of its citizenry, and common sense.

If anyone knows a lawyer - preferably someone who is better able to place their thoughts into words than myself - would they please pass this post along to them?

[EDIT: I know that the President cannot be sued in most cases while he is in office. But I do not believe that this holds true for the many other persons serving (or "serving") in some capacity in the federal government. I also do not know if the office of President may be sued.]

Big time...Im in. Ive had enough of this and now its time 2 do something about it. If we cant do it through the courts...and we should try with all vigor...we should do it figuritivly...like the old days with signs and marches. Should at least get press and force a national discussion. There are 420 friendly ATTYS that post on the site. Wonder if any of them have a take on the idea...

Mama luvs u all and I only wish peace 4 u dear wingman. And much appreciation to TS for showing us this very interesting fact.

 

[Mama Train]

I sent e-mails today to both atty advertizing here on 420. lets see what response I get.
Mama hopes 4 justice 4 wingman and everyone ever harmed by the actions of the greedy and small minds

 

[Wingman420]

Good MOJO for the Wingman420!!!

I'm almost speechless over this story. I started reading this last night and made sure I finished it today. I'm thrilled to see the outpouring of support for you. I wish you the best of luck in your battle with the legal monster that is our justice system.

Best of luck to you brother, keep fighting the good fight!

my brother 52Firestone! I truly appreciate your support and kind words. I head back to Court this month and will keep you all in my heart.

It is my understanding that in order to legitimately qualify for inclusion as a Schedule I substance, ALL THREE statements must be true for that substance. Not, err... none of the three.

You know, like... tobacco.

TS I always appreciate your support and opinions please keep the info coming.

Mama luvs u all and I only wish peace 4 u dear wingman. And much appreciation to TS for showing us this very interesting fact.

Mama, I am sending you my love and appreciation along with lots of Positive Energy!

 

[Wingman420]

Hello all my 420Mag Family! I just thought I would keep you all updated while I await Trial. My esteemed counsel has a Motion pending before the Court whose ruling will have great significance The Motion to Exclude may alter the course of this case and the heinous abuse of power by the local constabulatory. While I cannot get into specifics it basically asks the Court to exclude certain evidence obtained illegally without Warrant or Cause. [which is particularly upsetting because I was licensed to Cultivate and Manufacture the very Medical Marijuana Plants the police allege were illegal]
I am still asserting my innocence and will continue to exhaust all reasonable avenues available to me through the judicial process.
I have recently harvested a summer crop that is quite beneficial for treating chronic pain, muscle spasms, and epilepsy. I have extended an invitation to the RI Attorney General's Office of Narcotics Prosecution to view my grow op to illustrate how foolish the local police's claims are. I believe this is malicious prosecution by the police supported by State prosecutors who have no regard for the Hakins-Slater Law authorizing use and sale of MMJ. We are looking to have the State hault prosecution of me, use their incredible resources to go after real crimminals and stop wasting their time with me and the several patients I legally grow for.
I am due back at Superior Court 250 Benefit Street, Providence, R.I. on November 1st to answer the call for the Trial Calendar.

If anyone has any questions, comments, criticisms, or ideas, please feel to chime in as I have always believed the accussed must participate in their defense to best effect all the facts be iluminated allowing reasonable adults the opportunity to decide on fact, not the fictitous dribble that weak Law Enforcement officials manufacture to besmirch an innocent persons reputation and character to achieve a Marijuana conviction.
Shame on them! Police are sworn to uphold the very laws they violate routinely.

 

[Hogdady]

Thx for keeping us updated Wingman. We trust that you will be vindicated!

 

[420]

Sending you all my love and positive energy through the Universe my brother!

 

[Tmac12]

Dear Wingman, My prayers, love and positive thoughts are going out for you and your family. After reading this I am almost speechless. My hub says that never happens! (Humor is also necessary in life and he is usually full of it.... )

Is there any chance this case will/could (not sure of the words to use) set a standard?? Set a presidant??? Against prosecutions in the future? I guess you really wont know til Monday.
My daughter is an attorney in DC. Wish I could ask her about it... not sure that would be a good idea.

We will actually be in RI nov 12 thru the weekend. Have lots of older friends there. Going to the Zonkaraz reunion in Worcester.

 

[jarheadwilbur]

Bad News, Wingman. I've been in the same boat,albeit for poss. only. Quite a bit as far as Johnny is concerned,and the penalties weren't as severe as yours.I, too, live in a backwards thinking state, and watching my back/mouth has become second nature. In my opinion, the laws are not keeping up with public opinion and or concensus. I'm doing all I can to change the views of those around me- at least the people who care about me. Small thing in a big world. I wish I could help you, aside from my hopes and prayers. I suffer from seizures and had been trying for years to get them under control. I started a daily, structured, regimen of daily MMJ maintenance and after awhile, I may have gotten it right. It's been a long time between seizures and my self prescribed routine is all I can attribute it to. Been to clinics,hospitals and many other inst. all over the country, and not one would even allude to the fact that help may be out there. It's guys like you who opened the doors for me. Thanks,Wingman and the best of luck with the B.S. Truly, J.H.W.

 

[jarheadwilbur]

Sorry Wingman, I forgot to ask. Which strain do you like for epilepsy? Thanks again, J.H.W.

 

[G-Dog]

This is the first I have seen of this Wingman. I am so sorry for your troubles. The system really sucks and because of the multiple fronts (Legal System, Employment System, Education System to name a few) we are sort of all sitting ducks waiting for something bad to happen wherever we are.

Good luck on your fight. I hope you come out of this okay. The fact that you have to fund an attorney already means you took a hard hit regardless of the outcome of the case.

 

[Wingman420]

Dear Wingman, My prayers, love and positive thoughts are going out for you and your family. After reading this I am almost speechless. My hub says that never happens! (Humor is also necessary in life and he is usually full of it.... )

Is there any chance this case will/could (not sure of the words to use) set a standard?? Set a presidant??? Against prosecutions in the future? I guess you really wont know til Monday.
My daughter is an attorney in DC. Wish I could ask her about it... not sure that would be a good idea.

We will actually be in RI nov 12 thru the weekend. Have lots of older friends there. Going to the Zonkaraz reunion in Worcester.

Tmac12 for your love and compassion! It is the warm wishes and support from people such as yourself in Our 420Mag Family that keeps me strong. I just want to say "THIS REALLY SUCKS" It is sometimes hard to believe such self serving, incompassionate, hateful individuals exist on this planet. Especially the realization I was married to one such who truly detracted from the quality of life to both my children and myself. The friends I have made here420Mag have helped me keep strong to move forward with this truly life altering dilemna. Sorry for the rant.
Your husband is welcome to read this and I truly thank you again for your support!
If you want to ask your daughter about this case I would be honored and hope this will raise discussion about police abuse and prosecutorial misconduct. I should never have been arrested nor detained and will await the States case against me. It is amazing they punish the ill despite State Licensing.
I am going to Trial where the Prosecution is seeking to convict me on intent when I was licensed for sale with no "controlled buy" nor co-conspirator. They are also looking to convict me of Assault on 2 policemen who's combined weight is 600lbs. standing 6'2 and 5'11 and fully armed. Then there are the Obstruction of Justice, and Resisiting Arrest charges which were falsified and Manufactured to gain illegal search of my home where they came and were invited inside. Pecedent could be made depending on outcome and if I prevail I am sure the Courts will look to the case for rulings.
As for your trip through RI on the 12th I would have loved you come by the Trial for support but it has been continued until the 29th.

Bad News, Wingman. I've been in the same boat,albeit for poss. only. Quite a bit as far as Johnny is concerned,and the penalties weren't as severe as yours.I, too, live in a backwards thinking state, and watching my back/mouth has become second nature. In my opinion, the laws are not keeping up with public opinion and or concensus. I'm doing all I can to change the views of those around me- at least the people who care about me. Small thing in a big world. I wish I could help you, aside from my hopes and prayers. I suffer from seizures and had been trying for years to get them under control. I started a daily, structured, regimen of daily MMJ maintenance and after awhile, I may have gotten it right. It's been a long time between seizures and my self prescribed routine is all I can attribute it to. Been to clinics,hospitals and many other inst. all over the country, and not one would even allude to the fact that help may be out there. It's guys like you who opened the doors for me. Thanks,Wingman and the best of luck with the B.S. Truly, J.H.W.

jarheadwilbur for wishing you could help. I am grateful for your "hopes and prayers" they really help.
For my seizures I smoke regularly in the wee hours and about 12hrs later maintaining a constant level of THC in my bloodstream. I have not suffered a seizure while able to use Medical Marijuana. As for particular strain I strongly believe each individual need to judge for themselves what strain alleviates their condition.

Sorry Wingman, I forgot to ask. Which strain do you like for epilepsy? Thanks again, J.H.W.

Full Melt Bubble Hash is hands down the Gold Standard in quality and medical value for me. As for smoking Medical Bud, I really like Northern Lights#5, Skunk, and any Sativa dominant strain but rarely see them because of long flowering times.
White Widow, Blueberry, AK-47, Sour Diesel, also seem to work well for me and the other patients I know who suffer from Epilepsy and uncontrollable seizures, improving the quality of our lives drastically.

This is the first I have seen of this Wingman. I am so sorry for your troubles. The system really sucks and because of the multiple fronts (Legal System, Employment System, Education System to name a few) we are sort of all sitting ducks waiting for something bad to happen wherever we are.

Currently my girlfriend and I are in a serious discussion. She is getting high with her daughter who will be 17 in a couple of days. We are in a place where we could get in a of trouble for such a thing. I tell my girlfriend every day I have never been in favor of contributing to minors and never well. I feel like a sitting duck right now because these two conspire against me and go against my wishes. I still think in the end I could end up behind bars for this.

Good luck on your fight. Sorry for the distraction of my own personal problems. I hope you come out of this okay. The fact that you have to fund an attorney already means you took a hard hit regardless of the outcome of the case.

G Dog my friend glad you dropped by I really appreciate your support!
Please do not think what you said is any distraction your girlfriend's irresponsible use of Cannabis adds another 3-5 years in prison in most States. So insure your freedom by any means neccesary and order her to stop if she wants to be with you or move out. We must not succumb to such depravity. This wil help the girl regain respect and restore discipline but beware it's almost impossible to get the Genie back in the bottle. Be prepared for any act of defiance and retalliation. Do not abide or cover up this problem address it before it addresses you. Marijuana is a Sch. I, Substance and needs to treated as such. Sorry for the rant but other peoples actions can affect your freedom.


I want to thank all my 420Mag Family and web readers for your continued love and support. It truely is a sad day when a Law set up to protect Marijuana Patients is not respected.

Superior Court actions Nov 1st 2010:
I was placed on the revolving Trial Calendar and wil be back in Superior Court Nov 29th 2010 for Trial scheduling and review.

 

[TorturedSoul]

Superior Court actions Nov 1st 2010:
I was placed on the revolving Trial Calendar and wil be back in Superior Court Nov 29th 2010 for Trial scheduling and review.

There's that whole right to a fair and speedy trial at work[/SARCASM]

I wouldn't be surprised if things like that were because the prosecutorial staff were scratching their heads trying to figure how they could make their case look like anything even approaching justice, continuing to come up with nothing but like certain other breeds of dogs, being unable to let go of the rag they've got grasped between their teeth... And "informally" suggesting that your case be one of those that are delayed while they keep trying. Would not be the first time. Would also not be the first time that the prosecution asked the judge to dismiss the case - in which case you're record would likely show "Arrested, but no conviction" instead of letting it go to trial and giving you the COMPLETE exoneration of "Arrested, but found innocent of all charges."

I'm of mixed thoughts where that is concerned. I've often complained about prosecutors wasting time and taxpayers' money by taking a patently unwinnable case to trial. Then again, their doing so allows the defendant - who should have never been arrested in the first place but now has an "arrest record" because of it - to put paid to the ordeal by official being declared innocent.

Unfortunately, I've also read about - and even seen a couple of transcripts of - cases where a prosecutor doggedly continued with such a case only to win it. Most were jury trials, and I'm no longer convinced that using the right to a "trial by our peers" is the best decision in all situations - after all, they never really ARE peers in the strictest sense of the word ("Hello, Mrs. Prospective Juror #237. I only have one question for you: Do you use cannabis medicinally? No? Dismissed. NEXT." But that is meat for another forum, lol.

Wishing you good luck in all things - and especially in THIS thing. Cases like this are wrong on every level. There should be no need to set a precedent because first and foremost, common-sense and compassion should walk hand-in-hand with everyone's idea of justice (in all things). That being said, I do, of course, hope that if your case is not ultimately dismissed that you are found innocent of all charges and that the judge has something to say (as in an official sense by attaching his statement to the court documents or something) about the conduct of everyone "on the other side" from the prosecutor through the arresting officers all the way to whoever encouraged them to investigate/arrest you in the first place.

Good luck, my friend.

 

[jarheadwilbur]

Thanks Wingman. Some of what you mentioned is pretty available out here. Gonna try 'em all eventually. Best of luck with the B.S. Seizure free is a good thing. J.H.W.