The following photo was posted on the Facebook wall of Rep. David Howard (R-HD-60). I’m not sure any further commentary is necessary.
It was posted along with this letter from Safe Community, Safe Kids.
SENATE BILL 423 IS WORKING.
Since it’s passing, the number of registered medical marijuana users has dropped from 30,000 to 8,849, the number of providers has dropped from 4,800 to 395, and many of the storefronts are disappearing. With the law imposing additional requirements for minors to obtain cards, there are now only 2 cards holders under the age of 18.
[ ]AGAINST Senate Bill 423, a bill which repeals I-148 and enacts a new medical marijuana program. A vote against Senate Bill 423 will restore I-148.
Stop the Pot Industry
Please SHARE with family and friends.
As always, cannabis law reform is a big campaign issue this election year although Montana’s “moral” majority is unlikely to acknowledge that inconvenient fact. Montanans understand that there is nothing “moral” about maintaining harsh criminal penalties, limiting (and in most cases, eliminating) access to necessary medicines, and allowing and/or inviting federal intervention in our state’s medical marijuana program. We are confident that Montana will vote accordingly.
The 2012 Montana Cannabis Voter’s Guide serves as a resource for Montana voters who consider liberty a priority. In numerous districts, prohibitionists are running unopposed unfortunately, but in others, we have an opportunity to make a difference. We’ve compiled statements, video from previous sessions, actual voting records, endorsements and other sources of information when deciding if a candidate is supportive or opposed to our cause. We have heard very little from some candidates but are hopeful we will know more by the time that absentee ballots arrive in our mailboxes in a few weeks. As we are apprised of new information- additional MTCIA endorsements, statements to the media, etc- this guide will be updated to reflect such data.
Should any candidates or voters have any questions about specific races or candidates or wish to provide relevant information, please email Nic (firstname.lastname@example.org).
- 18 months later, grim times for ex-pot providers (billingsgazette.com)
- Interesting Montana Supreme Court opinions on state medical marijuana laws (sentencing.typepad.com)
- Montana’s First Registered Medical Marijuana Caregiver Dies in Federal Prison (txwclp.org)
- Montana voters to get say after court’s medical pot ruling (missoulian.com)
Today Montana’s headlines blare “Federal Warrant Issued for 1980’s Montana Mountain Man” after federal indictments of former partners of the now-defunct medical marijuana business, Montana Cannabis Inc. were unsealed. Montana’s media offers a sensational headline as well as a dramatic, emotional story to match- that is, if you are willing to buy the federal government’s version of the truth.
You may recall the story of the Nichols duo, Don and his son Dan, who kidnapped world class biathlete Kari Swenson while she was training in the mountains near Big Sky, Montana. The notorious Montana “mountain men” also murdered one of Swenson’s friends after he stumbled upon their hideout in the woods. Kari Swenson’s lung was punctured after Dan Nichols accidentally shot her during an armed standoff. She survived the injury and went on to win a bronze medal in the world biathlon championships after being rescued. Dan Nichols was released in 1991 after serving six years in prison for the crimes. His father is still in prison but is up for parole April 27.
Dan Nichols has been charged as an indicted co-conspirator with Chris Williams as well as Chris Lindsey, a Missoula attorney who actually left Montana Cannabis in January of 2010. What is so outrageous about the indictment is the bizarre conspiracy that the government has invented. First of all, Chris Lindsey, to the best of his knowledge, has never laid eyes upon Dan Nichols, nor has he heard of him. He was apparently brought on board by Chris Williams, who remained with Montana Cannabis until March of 2011, when federal raids shut down the business.
Apparently, in the eyes of the feds, if you are EVER involved with a “criminal enterprise”, you are not allowed to quit. You are also responsible for all crimes that are committed by any subsequent partner or employee of said “criminal enterprise” for eternity. Fourteen months prior to the 2011 federal raids, Chris Lindsey left Montana Cannabis after disputes over the manner in which the business was being operated. Apparently that isn’t good enough for the feds. He is now being lumped in with a kidnapper and murderer who he has never met, never spoken to, never even heard of. Why? Because sexy stories sell newspapers and when people read them, they believe them. The feds know that prohibition is on shaky ground in the US, jurors across the nation are not only expressing reluctance to convict marijuana “criminals”, many consider prosecution of these people, especially in states that have legalized medical use of marijuana, to be a colossal waste of taxpayer funds. Fortunately for the feds, the media is easily manipulated. We already know the truth doesn’t matter to US federal government as marijuana wouldn’t be illegal if they were interested in science or any factual evidence. They continue to promote their failed policies by utilizing fear. Americans are afraid of crazed, murderous mountain men who would dare kidnap a world-class athlete. Dan Nichols is considered armed and dangerous. I certainly wouldn’t approach him, that fear is most likely warranted. Chris Lindsey, on the other hand, is someone I would trust to watch my daughter. He is a kind, compassionate intellectual. He is an educated professional. He isn’t a firearm enthusiast and he isn’t the least bit violent. The actual truth isn’t nearly as scandalous though, so the feds will do their best to ensure Chris Lindsey’s story is suppressed. It appears that the indictment of the exciting “mountain man” was necessary to substantiate the sentences Chris Lindsey is facing for spending 10 months as in-house legal counsel for Montana Cannabis, if convicted of the federal crimes in which he is accused- mandatory minimum sentences total 690 years.
Another former partner of Montana Cannabis, Tom Daubert, who authored Montana’s original medical marijuana law, is scheduled to offer a guilty plea to a federal charge of “conspiracy to maintain a drug-involved premises” on May 3. Like Lindsey, Daubert divested his interest in Montana Cannabis long before the raids. Why he wasn’t also indicted with Williams, Nichols, and Lindsey is unclear at this time.
The recent indictments as well as sentences handed down to others charged and convicted (via plea deals) as a result of the March 2011 raids have indicated that Montana’s state law umbrella offers zero protection from federal prosecution, whether the accused was operating in “clear and unambiguous compliance with state law” or not. One can only wonder why Montana’s DPHHS employees, legislators who
pretended to deliver created regulatory legislation, and electric companies (the only REAL marijuana millionaires in the state) are not also indicted co-conspirators.
- Warrant Issued For ‘Mountain Man’ (myfoxchicago.com)
- ‘Mountain man’ in biathlete’s notorious abduction seeks parole (mercurynews.com)
- Montana’s Politicians… An Impotent Lot (montanafesto.wordpress.com)
Former Butte Montana city judge, Steven Kambich, convicted of bribery in federal court was sentenced this week to paying $5000 in restitution, far less than even the total of the bribes he accepted, and five years of probation. He faced fines of $250,000, a prison sentence of up to 10 years and 3 years of supervised release. Kambich offered guilty pleas in January for accepting bribes in excess of $13,000 in exchange for dismissing traffic tickets and other citations. He was accused of a variety of other corrupt practices unbecoming of any human being let alone an elected official.
In a January 13, 2012 press release related to the case, U.S. Attorney Michael Cotter said:
“There are few positions in the law more powerful than that of a judge. Judges have the authority to change individual lives with their actions. Former Silver Bow County City Judge Steve Kambich pled guilty today in Federal Court to accepting bribes – usually in the form of cash or checks – for dismissing traffic and other misdemeanor tickets. The prosecution of Kambich sends a strong message that public corruption will not be tolerated and when detected it will be prosecuted.”
Sounds more like a slap on the wrist to me, especially when the punishment is contrasted with sentences facing former medical marijuana caregiver Chris Lindsey. Although he has not been accused of breaking any state laws, the Missoula attorney is facing federal mandatory sentences ranging from 690 years to 25 consecutive life sentences with an additional 85 years for good measure.
What ever happened to the guidelines contained within the infamous Ogden memo? In the memorandum, the Department of Justice said that it was committed to the “efficient and rational use” of its resources and that prosecuting patients and distributors who are in “clear and unambiguous compliance” with state laws did not meet that standard.
Lindsey may indeed have been in “clear and unambiguous compliance” with Montana’s medical marijuana laws, but we may never hear about that in court as evidence indicating adherence to state laws is inadmissible in prosecutions for violating federal laws.
Bribery by a corrupt judge warrants a more lenient sentence than those that medical cannabis providers receive? In what sort of world is the dismissal of charges in exchange for cash a lesser crime than advising a medical marijuana business of their rights and responsibilities under state law? Even monsters like Charles Manson have parole opportunities periodically. This isn’t the case in federal cases where inmates serve 85% of their sentences at minimum.
Life presents us with many injustices and often reforms are only possible after exhausting struggles. Familiarize yourself with jury nullification at http://www.fija.org. Education is the answer. Please share this story in any way possible- via social media, telling everyone you know, writing a letter to the editor, however you see fit. A tyrannical federal government affects us all. The oppressive muscle of the fed knows no bounds- now it is medical marijuana, but what is next? Guns? Healthcare? Education? Whether you use medical marijuana or not, please don’t be so naive as to believe that this doesn’t affect you. I am haunted by this injustice. Law enforcement is in theory a comforting sight. Good people aren’t supposed to fear federal agents yet when I see anyone with a badge, I am faced with the reality that one day I could be in a similar position as Chris. Although I am not a marijuana user nor am I a marijuana provider, simply discussing becoming one is a federal crime. Most of us commit federal crimes every day without even realizing it. Chris is your neighbor, your friend, your mentor, your brother, your father, your husband, he is me and he is you.
There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.” –Charles de Montesquieu
- Montana’s Politicians… An Impotent Lot (montanafesto.wordpress.com)
- U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law (txconnectme.wordpress.com)
- Justice Served: Ex-Cops Sentenced in Post-Katrina Shootings (clutchmagonline.com)
- Butte JP faces 22 more felony drug charges (mysanantonio.com)
- Montana Medical Marijuana Providers Get What Passes for Lenience Under Our Drug Laws (reason.com)
Today we learned that Montana medical marijuana advocate Tom Daubert was able to negotiate a plea deal with federal prosecutors. Daubert is the founder of Patients and Families United, a medical marijuana advocacy group. He was influential in the drafting of I-148, the initiative that Montana voters approved overwhelmingly to legalize medical marijuana in 2004. Daubert was also a one of a handful of partners in Montana Cannabis, one of several caregivers who were raided in March of 2011. Others involved in Montana Cannabis have not been quite so fortunate as they were recently indicted on multiple federal counts of conspiracy, cultivation, and gun charges. According to news reports, Daubert has agreed to plead guilty to a charge of “conspiracy to maintain a drug-involved premises”. Unlike the charges Daubert’s former partners are facing, his doesn’t carry a mandatory minimum sentence. Recent federal cases have indicated that this is an increasingly common charge by the feds- especially when cases against the accused are relatively weak and built primarily on circumstantial evidence.
Montana’s indicted cannabis caregivers have accepted plea deals featuring significant charge and sentence reductions (most sentences range from 6 – 18 months in federal prison) although they were also subject to massive asset forfeitures and additional fines. So far though, it appears nearly everyone has been negotiating with the feds, but what happens to those who refuse the plea deals?
Take, for instance; Chris Lindsey. He is a soft-spoken, educated, non-violent intellectual. He is a husband and a father to a young son. Lindsey, a Missoula attorney, served as in-house legal counsel for Montana Cannabis (yes, Tom Daubert’s company) for less than a year. He left the company a full fourteen months before the March 2011 raids that preceded these federal indictments. He was indicted last week on a long list of federal conspiracy, drug, and gun charges. The guns weren’t his. He wasn’t a drug dealer and as far as conspiracy goes, well, I suppose I’m breaking some of those federal statutes simply by writing this post. Chris has built his legal practice around helping Montana’s medical marijuana patients adhere to state law. He has not been accused of breaking any of Montana’s statutes and yet he is unable legally to use his clear compliance with state law in his federal defense. He says he can’t accept a plea deal on something he believes in. So what does that mean for Chris? Brace yourself.
Mandatory minimums on his charges amass sentences of 690 years in federal prison. Maximum sentences are 25 consecutive life terms plus an additional 85 years. What purpose do we serve by incarcerating a productive professional with no history of criminal activity- someone who has never been accused of any sort of violence? This is a travesty of epic proportions. Keep in mind that there is no parole in federal prison and that convicts must serve 85% of their sentences. Doesn’t this make you wonder why those who make a deal (thus maintaining frightening and artificially high federal conviction rates ) are criminals who upon acceptance of a plea deal, are instantly benign enough to warrant sentences averaging one year yet those who value their principles enough to defend them in a court of law are scary enough for consecutive life sentences?
Our state government allows this injustice, without so much as a complaint. While politicians from other states protest the federal crackdown medical marijuana, those from Montana are silent. Montana politicians typically claim to exhibit a sort of libertarian-streak that is native to our people- people who just want to be left alone. In reality however, our politicians are pussies. Nearly every one of them. They are too worried about being reelected to actually take a stand to protect the very people who elected them. From our Congressional delegation to our local sheriffs, Montana politicians LOVE federal intervention on marijuana cases. In fact, instead of actually working with our existing state law, state law enforcement often refused to prosecute those in defiance of the law in order to set up a repeal of I-148 in our last legislative session. Rumor has it, to ensure a repeal, our elected officials even worked with federal agents to schedule a key legislative vote simultaneously with dramatic federal raids taking place in the state capital, as well as cities across the state. On one Republican state representative’s Facebook page, he declared immediately after the raids “Praise the Lord and Praise the Feds”. I guess these faux Libertarian-minded Montanans believe they can deal with everything on the state level- healthcare, wolves, guns- everything but the “scourge of Montana” (yes, another state legislator called it that), marijuana.
Our governor, Brian Schweitzer, did absolutely nothing to protect Montanans from federal intervention. Rep. Denny Rehberg and Sen. Jon Tester are fighting for Tester’s US Senate seat. Conveniently, neither of them have stood up to federal medical marijuana intervention. Max Baucus recently announced his intent to run for reelection in 2014- has he taken a stand? Nope. Our attorney general, Steve Bullock, who has continuously opposed legislation as well as legal maneuvers designed to protect patients, now wants to be our governor. Nearly all of the prohibitionists in our state legislature are running for either reelection or election to yet another state office. If our state governments refuse to protect us from the tyrannical federal government by use of the “supremacy clause” and a disgustingly broad interpretation of the commerce clause via Raich v Gonzales, what is the point of having state governments at all?
As we head farther into campaign season, let me remind you all that politicians are the biggest criminals alive. We reward them with our votes and pay them healthy salaries with our taxes. We subsidize the failed war on drugs by allowing our government to perpetuate violent crime on our borders in the name of security. I am BEGGING you all, please do NOT disappoint me. Get your asses out June 5 in primary elections and don’t you DARE neglect to vote in the general election November 6. I do not feel safer with Chris Lindsey behind bars- or Tom Daubert, for that matter, do you?
Montana’s politicians are vacillating, submissive cowards and it is high time for some outrage from Montana’s citizens, this is embarrassing.
- Medical Pot Pits States vs Feds (abcnews.go.com)
- U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law (txconnectme.wordpress.com)
- Montana Jury Stages ‘Mutiny’ In Marijuana Case (worldwright.wordpress.com)
- When It Comes To Marijuana Prohibition, The April Fool’s Day Joke Is On Us (whengovernmentfailsinkentucky.wordpress.com)
“There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.”
–Charles de Montesquieu
Most of our readers are aware that America is on a dangerous path, but many still believe we can fix the system through votes and elections. The anything-but-Patriot Act, the Department of Homeland Security, absurdly broad interpretation of the Constitution’s commerce clause…. all are symptoms of a troubling concentration of power in the hands of the federal government, contrary to intentions of the founders of our Constitution.
Montana’s medical marijuana community was ravaged in March of 2011, when government-sanctioned thugs, under the guise of public safety; dramatically (agents wore hazmat suits and were armed with machine guns) raided the businesses and homes of medical cannabis growers and patients across the state. Patients were thrown to the ground, handcuffed and frightened; as they watched helplessly as officers from every unrelated government agency imaginable- from the EPA to OSHA- seized assets, destroyed plants and medicine, and confiscated confidential medical records of tens of thousands of Montana’s ill. Although several indictments have resulted from investigations associated with the raids, the vast majority of them will happen in coming weeks and many Montanans will question the logic and morality of imprisoning professional and otherwise law abiding productive citizens for mandatory minimum sentences of 35 years or more. Because the federal government continues to maintain the absurd “Reefer Madness“-esque policies of 1937, juries won’t ever hear that the defendants were in compliance with state medical marijuana laws. The juries won’t hear Obama’s campaign speeches promising to stop prosecuting patients in states with medical marijuana laws. The juries won’t likely read the infamous Ogden memo, the one that changed the medical marijuana world. What will they hear? They will hear chilling tales of money laundering, organized crime, distribution of dangerous drugs, and conspiracy- and by legal definition- each defendant is likely guilty. Jurors will be advised that based on the evidence presented- not personal opinions of the law itself- a verdict must be reached. What about when the offense itself inspires far less horror than its punishment?
One of the government’s best kept secrets, sadly; is that juries not only have the power, but the right to acquit when the law is clearly unjust. Although the courts won’t advise juries of this additional option, termed jury nullification; it has been recognized since the founding of our nation, as one last check in our system of checks and balances to protect us from unjust laws and tyranny. Jury nullification generally refers to a jury’s decision to acquit a defendant even though the jurors believe the accused to be factually guilty of the crime.
Increased use of jury nullification historically portends change on the horizon. Almost universally unknown among jurors, this option in the hands of an informed jury could easily tip the scales of justice in favor of reforming irrational statutes. . Despite the court’s consistent refusal to inform juries of their veto power, the use of jury nullification was a major factor in the end of prohibition of alcohol, the repeal of the 18th amendment.. In December of 2010, Montana witnessed an extreme example, a sort of pre-jury nullification, termed the “great Montana marijuana mutiny” when Missoula prosecutors were unable to seat a jury willing to convict the defendant who had been charged with possession of only a few measly grams of cannabis.
Trials of defendants charged with marijuana crimes are prime candidates for future use of jury nullification. Despite documented evidence supporting the substance’s medical use, a 6000+ year history of safety, and state laws providing for its use, the federal government has refused to remove cannabis from the dreaded list of dangerous Schedule I narcotics and has participated in a deadly bait and switch with America’s ill. A majority of citizens are no longer willing to accept the propaganda supporting the failed “war on drugs” and are well aware that in reality, it is a war on us.
Education is key. As is, the chances a jury will acquit my friends who will be soon indicted and convicted quickly in the court of public opinion are very slim. Perhaps if members of juries were more informed, our legislators would lack the audacity to force their personal “morality” on the state. For more information on jury nullification, check out the website of Fully Informed Jury Association, an activist group founded by two Montanans. September 5 is Jury Rights Day, in commemoration of the William Penn case in 1670 which firmly established protection for the jury, and firmly established the right of the jurors to refuse to accept bad government laws. Celebrate by writing a letter to the editor to educate the public. Educate your friends. When you receive a summons for jury duty, consider it an opportunity, not a punishment. We need more informed jurors.
Jury nullification is not a right, but a RESPONSIBILITY. We only have a duty to obey and uphold just laws that promote peace, tranquility, and the common good. We have no obligation to uphold laws that favor special interests, corrupt politicians, or self-serving bureaucrats. Jury nullification is the last peaceful means of defending our Constitution- and the effects are permanent as the fifth amendment prevents trying the defendant again.
Montanans placed medical marijuana on the ballot in 2004 because the legislature failed to do so, and 62% voted to approve its use. The legislature ignored the issue for a few sessions until enough tea people had been elected that they knew they could force their social agenda upon the entire state. The federal government is clearly complicit, as once again, promises of the Obama administration have been broken. We continue to spend billions of dollars imprisoning non-violent marijuana offenders. I have no hope for our federal or state governments, my bets are on the people. We need to nullify the entire war on drugs and stop our government from taking our friends as political prisoners. The founding fathers would certainly agree.
Jurors should acquit, even against the judge’s instruction…if exercising their judgement with discretion and honesty they have a clear conviction the charge of the court is wrong.
— Alexander Hamilton, 1804
It is not only the juror’s right, but his duty to find the verdict according to his own best understanding, judgement and conscience, though in direct opposition to the instruction of the court.
–John Adams, 1771
I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.
— Thomas Jefferson, 1789
It will be of little avail to the people that the laws are made
by men of their choice, if the laws are so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they… undergo such incessant changes that no man who knows what the law is today can guess what it will be tomorrow.
— James Madison