Wednesday, August 8, 2012

U.S. Judo Fighter Tests Positive for Marijuana - More Proof War on Drugs Is a Colossal Failure

American judo fighter Nick Delpopolo was expelled from the Olympic Games after testing positive for marijuana. The Olympian claims he accidentally ate food that was baked with the substance prior to the start of the Summer Games. We'll never know for sure whether Delpopolo is telling the truth or not, but regardless this puts the attention back to the war on drugs yet again. I'm in no way advocating that any Olympic athlete "dope up" or use substances that give him or her an unfair advantage, which of course is questionable anyway when it comes to marijuana; however, it's an opportunity to take a look at the drug war through the eyes of objective reality. The war on drugs has been a colossal failure since its inception during the Nixon administration. The delusional thinking on this is obvious and embarrassing, yet the United States government continues spending billions every year trying to stop American's from getting high. Apparently we're so stupid we need to be saved from ourselves. I find it astonishing that for 236 years Americans were smart enough to change the world through innovation, technology and independent thinking, yet our own government doesn't believe we are smart enough to manage our own lives. Didn't we learn this lesson during prohibition? The 18th Amendment outlawing alcohol was as big a failure as the drug war, the only difference is we repealed prohibition after 12 years. Where is the critical thinking in believing the drug war would be any different? After all, isn't alcohol a liquid drug? Marijuana creates a softer effect than alcohol, yet our jails are full of people who like to use and sell it. The drug war philosophy is a zero-sum equation, which is, who owns our bodies? If you say the United States government owns our bodies, that would give them the right to ban substances that harm us. But I don't think anyone would say the government owns our bodies. So if we own our bodies, shouldn't we have the right to drink, smoke or ingest anything we choose? Make no mistake: the drug war hasn't stopped Americans from doing drugs. You can buy any drug you want in any city in America without knowing anyone by simply approaching a few people. The drug war has made the drug trade so profitable that damn near everyone is in the business. Finding a drug dealer is easier than buying beer at 7/11, and they don't even ask for ID. Most people who do drugs are casual users who still get up for work the next day and live responsibly. Only a small percentage of people become addicts, just like only a small percentage of people who drink become alcoholics. Instead of spending billions of dollars pretending they can squelch demand, the government should legalize drugs and invest a tiny fraction of the savings in educating people on the dangers of drugs and helping the addicted. Not only would legalization save billions and empty half of our jails, it would also save tens of thousands of lives around the world from the vicious drug cartels. More than 47,500 people were killed by drug cartels in Mexico between 2007 and 2011, and that's only in one country. Critical thinking says if you remove the profit you remove the violence, but logic and reason don't always prevail in America. The moral police do. These are people who believe they know how to run our lives better than we do, and they are here to save us from ourselves. These crusaders believe they are morally and intellectually superior, and they have blessed us with their presence so we too can see the light. These are the same clowns who can't balance the budget and stop themselves from emailing lewd pictures to college girls, but they are here to guide us. What a joke. Here's my critical thinking solution: get out of our lives. We own our bodies and in a so-called free society we have the right to use them as we please, as long as we're not hurting anyone else in the process. If I get high on heroin, that's my problem. If I get high on heroin and hurt someone, I go to jail. The people that say hard drugs cannot be legalized are kidding themselves. Millions of Americans are using them every day. The only logical solution is to stop spending money trying to slow them down. It isn't right and it doesn't work. I'm not advocating drug use. Drugs scare me. What I'm suggesting is applying critical thinking on an issue where none exists. The government should use our tax money to protect us, not to tell us how to live. Just the fact that alcohol is legal but marijuana isn't, is proof of how screwed up our legal system is. I mean really, how can we justify one and not the other? Have you ever smoked pot? All it does is put you to sleep. Alcohol, on the other hand, is rough stuff. If alcohol and marijuana were animals, alcohol would be an anaconda and pot would be a pussycat. Yet pot will land you in jail but you can drink alcohol in the Whitehouse. The big controversy now is medical marijuana. So let me get this straight: there are sick people who feel better smoking pot, and we have to debate whether or not they can access it? Some cancer patient feels nauseas from chemotherapy, smokes pot to get through it and we throw him in jail? Where is the morality in that? Where are all the religious leaders on this one? It's inconceivable that in 21st century America we're still having these child-like debates. How about we take the money we save from legalizing pot and give this poor guy as much as he wants so maybe he can sleep through the night? To score points with the public, politicians love to claim that America is a Christian nation founded on Christian values. But if they really believed that would they allow our cancer patient to suffer by denying him medical marijuana? What would Jesus do? Would he deny relief to this suffering man or would he pass him a joint? Is allowing someone to suffer for the sake of suffering moral? In some ways America is advanced, and in others our society is the emotional equivalent of a spoiled teenager. This is why critical thinking rooted in logic and reason must replace delusional thinking based in emotion before it's too late.

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Tuesday, August 7, 2012

'New Approach Washington' Launches Pro-Marijuana Legalization Ad In Evergreen State

A Washington group supporting a state ballot effort to legalize and regulate marijuana rolled out an ambitious new ad campaign this week, seeking to put a spotlight on the initiative ahead of the November election. New Approach Washington unveiled the $1 million buy on Monday, and the 30-second spot had its first run promoting ballot initiative 502, or I-502, on Tuesday morning. The commercial appears to be catering to suburban soccer mom-types who may not support or use marijuana themselves, but are open to the idea of legalizing, taxing and regulating sales of the substance. “I don’t like it personally, but it’s time for a conversation about legalizing marijuana," the woman in the ad says. "It’s a multimillion dollar industry in Washington State and we get no benefit. What if we regulate it?” She then goes on to run down a number of I-502s provisions, such as its licensing system, penalties and taxation issues. Here's how New Approach Washington runs down the specifics of the initiative: This law legalizes the possession of marijuana for adults age 21 and older. The only marijuana that would be legal to sell in this state would be grown by specially-licensed Washington farmers and sold in standalone, marijuana-only stores operated by private Washington businesses licensed and regulated by the state. There would be a 25% sales tax, with 40% of the new revenues going to the state general fund and local budgets, and the remainder dedicated to substance-abuse prevention, research, education and health care. Advertising would be restricted. A new marijuana DUI standard that operates like the alcohol DUI standard would be established. A recent survey found broad levels of support for I-502, with 55 percent approving, 32 percent opposing, and 13 percent saying they were still undecided. A similar poll in January found lower levels of support, leading some to believe that the initiative is still gaining momentum heading toward November. Medical marijuana is already legal in Washington, but advocates claim the measure could provide a $560 million annual windfall with new taxes on marijuana-related commerce.

Monday, August 6, 2012

Pot Smoking Vs. Medical Marijuana: What Are The Implications In A Custody Dispute?

Since the legalization of medical marijuana under certain circumstances in California, Michigan and several other states, there has been a lot of discussion about the implications of this in divorce. I have talked with judges in particular about the impact this has on child custody and parenting time. Marijuana is illegal, and therefore smoking marijuana could definitely have an impact on a divorce, especially if it is being done openly. What about when one spouse has a license for medical marijuana? Can medical marijuana have an impact upon child custody? I believe it can. Can it impact parenting time? Yes, but in both cases, it's a matter of the degree of exposure to the children. If smoking marijuana with a medical license is done out of the presence of children, then it should have little impact. On the other hand, if it is done regularly in the presence of children, it could definitely have an impact on custody and parenting time. In a close case, the non-marijuana smoking spouse could possibly receive primary custody. The primary issue is the exposure of the children to the pot smoking, even with a medical marijuana license. If it is being used every day, then there are issues of second-hand smoke -- especially with regard to marijuana where you can get a contact high. That may certainly have an impact on custody decisions. On the other hand, if the marijuana use is limited -- perhaps to evenings when the children are not around or the days where the parents don't have custody in a shared arrangement -- then it is going to have very little impact. It also depends on whether or not the other spouse is going to make the marijuana use an issue in court by bringing up the amount of exposure and the children's ages. The court's attitude will also impact the ultimate verdict. Some communities are much more liberal with regard to medical marijuana; some communities and courts are much more conservative. Many people believe that marijuana should be legalized entirely and regulated like other drugs, such as alcohol. If this were the case, then marijuana would be treated like alcohol in family court and it would still have an impact on custody decisions, especially if it is used to excess. The reality today is that marijuana is not legal, though medical treatment with marijuana licenses is permissible in certain states. In those cases, I think the analogy should be to alcohol; If someone is an alcoholic, that is definitely going to have an impact on parenting time and custody. If someone is using medical marijuana to a large degree, it would definitely have an impact as well. If I am representing a client where medical marijuana is an issue, here's what I would advise: 1. If custody and parenting time are issues in a divorce, I would make sure that my client would agree to not using marijuana in front of the children. 2. I would make sure there is a schedule that is strictly adhered to so that the children are not exposed to the marijuana and that there is little danger to them being exposed to the second-hand smoke. This could be done by making sure the smoking is done only when the children are not around and only out of the home. he key is what is in the best interests of the children. However, this is an issue that is to be discussed on a case by case basis between attorney and client. These are my thoughts. Please share yours with us as well.