Thursday, October 4, 2018

Marijuana Prohibition is a Big Government Program


MARIJUANA PROHIBITION IS A BIG GOVERNMENT PROGRAM

TODAY’S CANNABIS BUSINESS PLAN

YESTERDAY’S MARIJUANA CONSPIRACY

These are just a few serving Life without Parole for Marijuana

All Nonviolent Marijuana Offenders should have Clemency

 These are some of the nonviolent marijuana people serving sentences of Life for Pot

                               John Knock 11150-017                   
FCI Fairton
PO Box 420
Fairton, NJ.

Circuit:                                                 11th
Age:                                                    70                   
Charges:                                               Conspiracy to import, distribute and money launder
Priors:                                                              None
Incarcerated since                                1996 Sentenced Jan. 2001
Trial or Plea:                                        Trial
Health Issues:                                      Eye sight, Zygomatic Arch broken and not set, causes chronic sinus infections,            Ankle swells to 2X normal size


                               Ferrell Scott      27797-177
USP Allenwood
PO Box 3000
White Deer, PA. 17887

Circuit:                                                 5th
Age:                                                     55
Charges:                                               Conspiracy -possession
Priors:
Incarcerated since:                               2007
Trial or Plea:                                        Trial



                                       Michael Pelletier        11109-036                     
Terre Haute USP
PO Box 33
Terre Haute, IN. 47808

Circuit:                                                 1st
Age:                                                     62
Charges:                                               Conspiracy to distribute
Priors:                                                  2 prior marijuana
Incarcerated Since:                              2006
Trial or Plea:                                        Trial
Health Issues:                                      Michael has been in a wheel chair since the age of 11 as a result of a farm accident



                                 Craig Cesal        52948-019                       
Terre Haute FCI
PO Box 33
Terre Haute, IN. 47808

Circuit:                                                 11th
Age:                                                      58
Charges:                                               Conspiracy to possess with intent to distribute
Priors:                                                  trespassing – while in college
Incarcerated Since:                              March 2002
Trial or Plea:                                        Neither – Wanted to take back plea after 1 day – sentenced without trial Or plea
Health Issues:                                      Craig is a brittle diabetic and has a back injury from working for Unicorr



                                  Hector McGurk  25843-180                  
FCI Tucson
PO Box 23811
Tucson, AZ. 85734

Circuit:                                                 4th
Age:                                                     58
Charges:                                               Conspiracy to possess with intent to distribute conspiracy to money launder
Priors:
Incarcerated Since:                              7/3/2003
Trial or Plea:  Trial –                            1st        12/2004           hung jury        4/13/2005 convicted
Health Issues:                                      diabetes 




                                  Andy Cox            89487-020                               
USP Big Sandy
PO Box 2068
Inez, KY 41224

Circuit:                                                 11th
Age:                                                     54
Charges:                                               Conspiracy to manufacture marijuana - growing
Priors:                                                  2 marijuana priors
Incarcerated Since:                              3/13/2008                    sentenced 2/6/2009
Trial or Plea:  Trial                               Trial
Health Issues              



                              Ismael Lira                  45946 – 190
USP Terre Haute
PO Box 33
Terre Haute, IN. 47808

Circuit:                                                 5th
Age:                                                     40
Charges:                                               Conspiracy to distribute marijuan
Priors:                                                  None
Sentenced:                                           Oct. 6. 2006
Trial or plea:                                        Trial



                          Paul Free  42235– 198
FCI Phoenix
37910 N. 45th Ave
Phoenix, AZ. 85086

Circuit:                                                 6th
Age:                                                     67
Charges:                                               Conspiracy to distribute marijuana
Priors:                                                  1976 marijuana
Sentenced:                                           1994
Trial or plea:                                        Trial



                      PedroMoreno        71498-079
USP Atwater
P.O. Box 019001
Atwater, CA. 95301

Circuit                                                 5th
Age                                                     58
Charge                                    
Incarcerated since                               1996
Trial or Plea:                                        Plea


                       WayQuoe Long 00047-111
FCI Victorville
P.O. Box 92301                                  Way has a de-facto life sentence of 50 years
Adlanto, CA, 92301

Circuit:                                                9th
Age:                                                    56                               
Charge:                                                Conspiracy
Priors:                                                  dui 1989
Incarcerated since:                              1998
Trial or Plea:                                        Trial



                        CorvainCooper  64301-112
USP Atwater
P.O. Box 01900
Atwater, CA. 95301

Circuit:                                                4th
Age:                                                    39
Charge:                                                Conspiracy
Priors:                                                  Two nonviolent marijuana
Incarcerated since:                              2013
Trial or Plea                                         Trial



                          Rafael Hernandez-Carrillo      67485-061
USP Atwater
P.O. Box 19001
Atwater, CA. 95301

Circuit:                                                6th
Age                                                     39
Charge:                                                CCE – Conspiracy
Incarcerated since:                              2008
Trial or Plea:                                        Trial
https://nebula.wsimg.com/a6816e6fd74fb7a5e72a58c973c75738?AccessKeyId=78A24BDFBABAB91068DA&disposition=0&alloworigin=1

Friday, September 7, 2018

The Prisoners Left Behind


 

The Prisoners Left Behind

How Barack Obama’s clemency operation failed thousands of drug offenders, some serving long sentences for cannabis crimes, and left them at the mercy of Donald Trump’s whims.
The last full day of Barack Obama’s presidency sent years of hopes crashing down for John Richard Knock. On January 19, 2017, Knock sat in his federal prison cell in the middle of Pennsylvania, waiting for a letter. He listened to a small radio that played an NPR station’s reporting on the state’s recently adopted medical marijuana program. For Knock, the report felt like bitter irony: For years, he had watched as cannabis investors began to reel in money for the same activities that had put him behind bars twenty-one years earlier.

Tuesday, August 7, 2018

Our answer to the NYT about Marijuana Research





July 20,2018 In the New York Times there was an Op-Ed by David  Leondhart encouraging new studies about the safety of marijuana. 

My question is why.  Over the last 30 years there have been literally tens of thousands of studies done by academic institutions, criminal justice policy organizations, medical research institutes, not for profit groups and the federal government. 

You may pick and choose the results that fit your agenda.  No matter what your agenda is, you will find a study that supports it.  In the meantime, there are over 550,000 arrests per year for marijuana offenses.  Although they are not all charged and prosecuted, this interface with law enforcement is often the first encounter for young people and severely compromises their future.

It is estimated that marijuana prohibition may cost up to $ 42 billion dollars per year to investigate, arrest, prosecute and incarcerate.  That does not include the cost of the constant studies funded by government to examine the effects of marijuana use.  What is the purpose of this obsession to study, control and punish those who use this substance that has been legalized to some degree by over 30 states?

The most unfathomable fact about marijuana prohibition is that it still remains on the Controlled Substance Act as a Schedule I drug.  This is a classification that tells us that marijuana is more dangerous than OxyContin, fentanyl and methamphetamine all of which are Schedule II drugs.  All our federal government agencies and regulatory bodies apparently see no contradiction to this official designation. 

There are nonviolent people serving sentences of life without parole for marijuana   offences.  This is happening at the same time that hundreds of millions of dollars are being invested in marijuana business enterprises.  Those doing the investing include past and present elected officials. This is a contradiction that is not fiscally responsible and does not speak to justice and respect for the law.

It appears that the constant data demands never result in action.  Administrative agencies and regulatory bodies have researched, studied, set standards and procedures and recommended change throughout this time.  They have been focused on gaining control and making recommendations that are minuscule and have to be studied and amended and approved by other regulators and agencies till there is no space for actual reform. 
In the meantime, the power of the justice department and law enforcement agencies continues to grow and expand as does the prison population.  This is why I don't fear major disruption of federal agencies. They have failed in the most profound way to assure that there is not egregious prosecution, sentencing and incarceration for marijuana and all other nonviolent drug offenders.

There are many stake holders who would like to maintain the status quo.  They are public employees, law enforcement and prison private contractors, pharmaceutical companies, alcohol and spirits enterprises and surprisingly not for profit and for profit organizations with contracts for recovery and re-entry. 

There may be many reasons to continue to study the risks of marijuana and do nothing to make the law compatible with reality, but I maintain the major factor is economic.  Marijuana prohibition is a big government program.

Saturday, June 23, 2018







Attorney General Eric Holder testifying in 2012 before the House Oversight and Government Reform Committee. He served as AG from 2009 to 2015.
Mark Wilson / Getty

Eric Holder May Be Considering a Presidential Run. But Has His Time Passed?  

As voters begin to realize that prosecutors in the world's most incarcerated nation may not be the best people to run the government, the era of the prosecutor politician could be on its way out. 

Eric Holder’s recent visit to New Hampshire has sparked speculation that he might mount a presidential run in 2020.
During a June 1 visit  at the “Politics and Eggs” series at Saint Anselm College in Goffstown, the former U.S. attorney general blasted gerrymandering—“I think our democracy is under attack”—but puzzlingly endorsed the restrictive voter registration law that New Hampshire Republicans have pushed through the state legislature that now awaits review in the state’s highest court.

Monday, June 11, 2018

This gives hope for all the nonviolent marijuana offenders serving sentences of Life for Pot.

Trump asks for clemency names and lists promptly arrive at White House

President Trump told reporters Friday that he wanted to give clemency to more people treated unfairly by the legal system, particularly cases involving people like Alice Johnson, who he released from a life sentence for drug dealing at the request of Kim Kardashian West.
"I want to do people that are unfairly treated like an Alice," he said before boarding a Marine helicopter on the South Lawn of the White House. Hours later, lists of additional names were hand-delivered to the West Wing.

Saturday, June 9, 2018


  






  • WASHINGTON — For those who view the Justice Department’s pardon system as slow and sclerotic, with its backlog of more than 11,000 cases, they need only look to the case of Matthew Charles.
    Mr. Charles was sentenced in 1996 to 35 years in prison for selling crack cocaine. In prison, he took college classes, became a law clerk and taught fellow inmates. He was released early, in 2016, and began rebuilding his life, volunteering at a food pantry and even falling in love.

    https://www.nytimes.com/2018/06/01/us/politics/pardons-justice-department-trump.html

    Thursday, April 5, 2018

    Opinion








     Opinion Piece - Life for Pot



    On the first day of market trading for the New Year, CNBC interspersed programing with positive stories of the new California cannabis businesses.  They covered a broad range of the issues startups would face, but the common theme was prosperity and hope.  Sam Masucci talked about the new marijuana ETF, Marcus Lemonis explored the marijuana business in Humbolt County for The Profit. 

    I was ushering in the New Year trying to give hope to people serving life in prison for selling marijuana while Jane Wells, Kate Rogers and Aditi Roy were convincing listeners that California’s cannabis commerce would bring promised affluence.  As the day wore on, the juxtaposition was as incredible as my conclusion – today’s cannabis business plan is yesterday’s marijuana conspiracy.  Life without parole is death by imprisonment.  The people I advocate for, nonviolent marijuana lifers will die in prison while a “new industry” in cannabis takes root.


    We hoped that this category of nonviolent prisoner would all receive commutations at the end of the last administration, but they did not.  They are aging in Federal Prisons around the country while they watch the product they are incarcerated for become a main stream commodity and a source of profit for individuals as well as local and state governments. 


    Part of the conundrum and the most interesting aspect is marijuana remains on the federal Controlled Substance Act of 1970 as a Schedule 1 Drug.  The characteristic of a Schedule 1 drug are: 1. The drug has a high potential for abuse. 2. The drug has no currently accepted medical use in treatment in the United States. 3. There is a lack of accepted safety for use of the drug under medical supervision.1.  

    This antiquated Schedule ranks marijuana as more dangerous than OxyContin or Fentanyl.  When criminal law cynically ignores the cultural reality, it can only lead to disrespect for the law and those who attempt to enforce it. According to Federal Code, All Cannabis Business Enterprises are Criminal.


    Marijuana prohibition costs 42 billion dollars per year to enforce. 2.  There are up to 500,000 arrests per year by local, state and federal law enforcement.  This is an enormous government program. 3.  Billions of tax dollars are wasted every year on an incoherent policy that could repair a lot of failing bridges.  The fix isn’t complicated.  Removing marijuana from the Controlled Substance Act’s Schedule and allowing it to be regulated like alcohol is the answer.  States are moving in this direction regardless of federal law.



    The marijuana prisoners I advocate for are serving life because they were charged with “conspiracy” and became accountable for drugs sold by others, even people they had never met or known. Conspiracy charges hold them responsible for acts that occurred over a period of years and involve many people.  Another common thread is they didn’t plead guilty and chose to exercise their right to a trial.  Legal experts call it the trial penalty.  Key witnesses are usually co-defendants who accept a plea and receive less prison time, government agents, and even witnesses that are testifying for a fee. 
     

    These marijuana prisoners all have names and life stories.  They have mothers and fathers, wives, husbands, siblings and children who all have suffered and wonder why there is no mercy.  Their family time is spent traveling to a Federal Prison, being searched and processed, sometimes drug tested, then sitting in a large visiting room with only two hugs allowed and lunch from a vending machine.  We are paying dearly for this in federal treasure and human dignity.  I would like to tell them that they will have a chance to be home with their family before they die.  They have been entrapped in a gigantic failed social experiment and their release would bring it all to a harmonious conclusion.


    These sentences are not fiscally responsible and are not compatible with our sense that we are a nation of compassion, mercy and justice.  These nonviolent marijuana offenders with life need sentencing relief either through executive clemency or retroactive legislation.  


    3. http://www.drugpolicy.org/do-people-still-get-arrested-and-punished-using-marijuana