Medical Marijuana OpEd's in BHAM News and Press Register

Today I had OpEd's on HB386 The Michael Phillips Compassionate Care Act appear in both the Birmingham News and the Mobile Press Register

Birmingham News
Drug War Politics Hurt Medical Marijuana in State

Mobile Press Register
Alabama Should Allow Use of Medical Marijuana

Please go and leave a comment and also write a letter to the editor in response.

To send an LTE to the Birmingham News email it to editor@bhamnews.com

To send an LTE to the Press Register use this link

Morons and Dangerous Dogs

Why is it that most morons who own dogs go for the dangerous varieties? Like pit bulls, for instance?

This morning at 1:30 or so we were awakened to the most terrible ruckus you've ever heard in the yard. Three large pit bulls were at the back of the pig enclosure trying to get in and eat him. My German Shepherd, who is a house dog and only goes outside on a leash or gets in his fence (because I know he is a dangerous animal) damn near went through the window after them. My pit bull was locked safely away in the shop because I care for her well being and do not leave her out at night.

Two of these pit bulls I have never seen before. The one I have seen is, I am convinced, the parent to the stray we took in a few months ago (she's so sweet). One of the others was white and I never got a good look at the third one. They were barking at the pig and the pig was barking back at them.

Most people may be unaware that pigs can bark. Or maybe they can't and just mine does. But he damn sure barks. Loud. Just like a dog. And the pit bull puppy we have snorts, just like a pig, and farts like a champion! She can flat clear a room.

Anyway, I have no idea who owns this particular pack of roving pit bulls. I haven't seen them in any yards nearby and they ran off through the woods after my husband went out to scare them away. He didn't take the rifle because it was dark and we do have neighbors nearby so shooting blind was out of the question.

The white pit bull turned and barked at my husband and refused to run at first. Finally he/she gave ground and ran off in the woods with the other two.

While I don't know who owns the dogs I do know one thing about them...well maybe two.

1) They are complete fucking morons. If they think they can just let their damn dogs roam the neighborhood, where there are small children and my livestock, without there ever being conflict then morons are all they could be.

2) They are not rational enough to own any breed more dangerous than say a tea cup poodle. Owning dogs they refuse to manage and thereby endangering their neighbors and their neighbors pets means they are bad dog owners.

Why is it that stupid people want mean dogs? And by stupid I mean people who think it is ok to let their dogs destroy other peoples animals, run around on other peoples property and scare the living shit out of other people at 1:30 in the morning? And why pit bulls? Surely they read and watch the news and know what pit's are capable of if not properly trained and contained.

I, personally love the large scary breeds. They are my weapon of choice. And my large scary breeds (German Shepherd and Pit Bull) are contained on my property and never allowed to run around the neighborhood and frighten the neighbors. I have a neighbor who has a pit bull that is in my yard all day and night no matter how many times I ask him to keep her out of here or fire the BB gun at her or throw rocks. I'm getting damn tired of asking and if I can ever lay hands on her then she is going to the pound.

My husband and I went looking for a place to set up an ambush for the pack that attacked last night. We discovered that they had discovered our armadillo hole out in the woods and had murdered a harmless armadillo in a cruel and vicious way. I couldn't even look at it. And that royally pisses me off because I like to feed my dillers. They stand up on their hind legs and look at me sometimes and they look like kangaroos in the face. Cute and harmless. Now dead.

I know that those dogs will be back tonight as soon as things get quiet in the house. I know that 3 dogs is a pack and therefore much more dangerous than two dogs or one. And when they get here we will be waiting for them with a 30.06. Be damned if I will be afraid of going out in my own yard or letting my daughter walk through the woods on OUR property or having my pet pig and goats torn to pieces because some fuckhead douche bag thinks having mean dogs makes his dick look bigger. That's a bunch of bullshit. Earlier when I was outside with my dogs I heard them barking in the distance. My pit puppy came and cowered under my feet.

Behind the pig pen there are large tracks with sharp claw impressions. I think my pig is capable of handling one dog (he's a large, large powerful sucker with HUGE teeth) but three of the bastards would have eviscerated him. I'm actually kind of looking forward to tonight. Not that I like to kill things. Not at all. But having had experience with neighbors and their roaming canines before I have learned it is best to just handle shit and not tell them there was ever a problem. It is my job to protect my family and my pets. And I will do just that.

Note to dumb asses with small penises....owning dogs who are a danger to others that you refuse to contain doesn't make your dick any bigger. It only pisses off your neighbors and gets your dogs killed.

Medical Marijuana Action Alert: Call Rep. Jim McCLendon

Medical Marijuana Action Alert:

Rep. Jim McLendon who represents Shelby and St. Clair counties and is head of the health committee where our medical marijuana bill has landed this session is hesitant to put it on the calendar. He doesn't believe that his constituents support the bill.

I need everyone in both those counties to call him up and let him know that, in fact, there is a lot of support in his district for this bill. Point out that Cam Ward, who also represented Shelby Co in the House always voted YES in committee (although we are unsure how Senator Ward will vote when this bill finally makes it to the full Senate) and not only did he not get voted out last election he moved up to the Senate.

Also point out that a 2004 statewide poll conducted by The Mobile Press Register and the University of South Alabama found that 76% of Alabamians support medical marijuana.

Here is his contact info. Please be polite and respectful. Ask him to please put the bill on the calendar. Next week would be sublime.

Home Phone 205-467-2656

Montgomery 334-242-7768

Email jim.mclendon@alhouse.org

website Jim Mclendon

HB386 Medical Marijuana Bill Filed in Alabama House

On Thursday HB386 The Michael Phillips Compassionate Care Act was filed in the Alabama House of Representatives by Rep. Patricia Todd (D- Birmingham). It has been assigned to the health committee.

Please contact the members of the Health Committee and ask them to pass this bill when it comes before them. Here is the letter I sent. Feel free to use it as a template and include your own personal story for wanting this bill passed.

PLEASE BE RESPECTFUL!

Here is the email contact info for members of the health committee. If you had rather call then that info can be found here.

jim.mcclendon@alhouse.org,
mike.millican@alhouse.org,
johnny.morrow@alhouse.org,
elaine.beech@alhouse.org,
laura.hall@alhouse.org,
donnie.chesteen@alhouse.org,
berry.forte@alhouse.org,
ed.henry@alhouse.org,
ron.johnson@alhouse.org,
john.knight@alhouse.org,
paul.lee@alhouse.org,
becky.nordgren@alhouse.org,
april.weaver@alhouse.org,
james.patterson@alhouse.org,
allen.treadaway@alhouse.org

Dear Honorable Members of the House Health Committee,

My name is Loretta Nall and I am executive director of Alabamians for Compassionate Care, a group of patients, physicians, family members and caregivers working to pass comprehensive medical marijuana legislation in Alabama. This is our 8th year of working to get our bill passed out of the House. Last session it passed the judiciary committee for the first time.

On Thursday March 31, Rep. Patricia Todd our bill sponsor introduced HB386 into the House and it was assigned to the health committee.
HB386

Under this bill patients suffering from cancer, HIV/AIDS, MS, wasting syndrome, epilepsy, chronic pain and other debilitating medical conditions would be legally able to use marijuana with a recommendation from their doctor. Physicians who recommend and patients who use medical marijuana would be protected from prosecution under state law. This bill would in no way make it legal for anyone without a recommendation to use marijuana. Considering that the state is now looking at releasing non-violent drug offenders (many of whom are convicted of marijuana related offenses) and lowering penalties for personal possession it only makes sense to take medical marijuana users out of the prison equation. It costs $15,223 per year per prisoner just to house them in the DoC and that is if they are healthy. If they are suffering from one of the conditions listed above that cost rises exponentially.

More importantly it is morally wrong to imprison sick people for trying to feel better sand manage the symptoms of their illness. Just last week the National Cancer Institute admitted that THC the psychoactive ingredient in marijuana is anti-tumor. Here is what they had to say on their website. National Cancer Institute: Cannabis and Cancer

Another reason to support this bill is the potential tax revenue that will be generated. This week the Washington Times estimated that the medical cannabis industry is worth $1.7 billion. In Colorado, which has a population close in size to that of Alabama, the medical marijuana industry has generated $9 million in tax revenue and fees in the last year and generates $50,000 a month in new application fees.

15 states and the District of Columbia have passed medical marijuana legislation. It is time Alabama followed suit. The citizens of Alabama deserve all the same choices that patients in the other states where medical marijuana is legal have. Also, the VA (Veterans Administration) recently said that it would no longer enforce pain contracts against veterans using medical marijuana in states where it is legal. That leaves veterans in Alabama, many of whom use medical marijuana to treat their PTSD, subject to arrest, prosecution and imprisonment under state law. This is beyond wrong. Our veterans deserve better than that.

It can be argued that since the District of Columbia and the VA are both governed by the federal government that medical use of marijuana is no longer illegal under federal law.

Please give this bill consideration and vote YES when it comes before you in a few weeks. Members of Alabama Compassionate Care will be in Montgomery next week and following weeks to meet with you about this bill and answer your questions. Please feel free to contact me if you have any questions.

Respectfully,

Possible Changes in Alabama Drug Policy

Representative Mack McCutcheon has introduced HB344 as part of Chief Justice Sue Bell Cobb's sentencing reform and prison overcrowding package of bills. It is very interesting and in someways very good. There are some very bad things in it too....like mandatory sentences, life sentences and unreal fines.The part of the bill dealing with possession of marijuana is near the end and in bold. That part is good but falls short of what is really needed with regard to marijuana and that's LEGALIZATION.

Here is the text of the bill. Thoughts?

HB344
By Representative McCutcheon
RFD Judiciary
Rd 1 24-MAR-11


SYNOPSIS: This bill would revise the quantity thresholds for marijuana criminal violations to distinguish between low-level drug users and career criminals by changing penalties for marijuana possession in the first and second degrees and creating the crimes of possession of marijuana in the third and fourth degrees.
This bill would revise the quantity threshold of Schedule I controlled substance criminal violations to distinguish between individual drug users and drug traffickers.
This bill would also restructure criminal drug offense penalties for Schedule II through Schedule V controlled substances based on recommended therapeutic dosages as established by the State Board of Health, which would render the Schedules current based on the lawful allowable dosages as drugs are improved or new drugs become available.
This bill would authorize the State Board of Health to establish monthly therapeutic dosages for Schedules II-V drugs.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL
TO BE ENTITLED
AN ACT

To amend Sections 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-231, and 20-2-20, Code of Alabama 1975, to revise the quantity thresholds for marijuana criminal violations to distinguish between low-level drug users and career criminals; to revise the quantity thresholds of Schedule I controlled substance criminal violations to distinguish between individual drug users and professional drug traffickers; to restructure criminal drug offense penalties for Schedules II through V controlled substances based on recommended therapeutic dosages as established by the State Board of Health; to create new criminal penalties related to distribution and possession of certain controlled substances; to authorize the State Board of Health to establish monthly therapeutic dosages for Schedules II-V drugs; to add Sections 13A-12-214.1 and 13A-12-214.2 to the Code of Alabama 1975, to restructure the current criminal penalties for the possession of marijuana; to add criminal penalties for the possession of marijuana; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-231, and 20-2-20, Code of Alabama 1975, are amended to read as follows:

§13A-12-211.

"(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules Schedule I through V.

"(b) Unlawful distribution of controlled substances, unless otherwise provided, is a Class B felony.

"(c) A person, except as otherwise authorized, who sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules II through V, as provided in Section 20-2-25, 20-2-27, 20-2-29, or 20-2-31, where the offense classification is based on the specific Schedule II through V enumeration and the number of tablets, capsules, or pills constituting the monthly therapeutic dosage or the milligrams as established by the State Board of Health, to establish the lawful amount of the controlled substance for possession, including whether the quantity is above or below the monthly therapeutic dosage established by the State Board of Health, commits the crime of unlawful distribution of controlled substance. If the distribution is:

"(1) A Schedule II drug and:

"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class B felony.

"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class C felony.

"(2) A Schedule III drug and:

"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class C felony.

"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class D felony.

"(3) A Schedule IV or V drug and:

"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class D felony.

b. Below the monthly therapeutic dosage, the person shall be guilty of a Class A misdemeanor.

"(d) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of cocaine, cocaine-base, or any mixture containing cocaine or methamphetamine, as described in Section 20-2-25(1) or Section 20-2-27, is guilty of a felony, which shall be known as "unlawful distribution of controlled substance." If the quantity involved is:

"(1) 1.5 grams or more, but less than 28 grams, the person shall be guilty of the unlawful distribution of controlled substance in the first degree, a Class B felony.

"(2) Less than 1.5 grams, the person shall be guilty of unlawful distribution of controlled substance in the second degree, a Class C felony.

"(e) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, phencyclidine, or lysergic acid, as described in Section 20-2-23(2) or Section 20-2-25(1)a., or of any mixture containing these substances, is guilty of a felony, which felony shall be known as "unlawful distribution of controlled substance." If the quantity involved is:

"(1) 1.5 grams or more, but less than four grams, the person shall be guilty of unlawful distribution of controlled substance in the first degree, a Class B felony.

"(2) Less than 1.5 grams, the person shall be guilty of unlawful distribution of controlled substance in the second degree, a Class C felony.

§13A-12-212.

"(a) A person commits the crime of unlawful possession of controlled substance if:

"(1) Except as otherwise authorized, he or she possesses a controlled substance enumerated in Schedules Schedule I through V.

"(2) He or she obtains by fraud, deceit, misrepresentation or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules Schedule I through V.

"(b) Unlawful possession of a controlled substance, unless otherwise provided, is a Class C felony.

"(c) A person, except as otherwise authorized, who possesses a controlled substance enumerated in Schedules II through V, pursuant to Section 20-2-25, 20-2-27, 20-2-29, or 20-2-31, commits the crime of "unlawful possession of controlled substance" when in the unlawful actual or constructive possession of drugs enumerated in Schedules II through V, or in violation of the lawful monthly therapeutic dosage or the milligrams for the scheduled drugs as established by the State Board of Health. The therapeutic dosage established for lawful possession is the lawful amount of the controlled substance for authorized possession, which shall be the benchmark to determine whether the quantity in possession is above or below the monthly therapeutic dosage established by the State Board of Health. If the unlawful drug possessed, actually or constructively, is:

"(1) A Schedule II drug and:

"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class C felony.

"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class D felony.

"(2) A Schedule III drug and:

"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class D felony.

"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class A misdemeanor.

"(3) A Schedule IV or V drug and:

"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class A misdemeanor.

"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class B misdemeanor.

"(d) Any person who has the unlawful actual or constructive possession or receipt of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, phencyclidine, or lysergic acid, as described in Section 20-2-23(2), 20-2-23(3), or 20-2-25(1)a., or any mixture containing any of these substances, is guilty of a felony, which felony shall be known as "unlawful possession of controlled substance." If the quantity involved is:

"(1) Three grams or more, but less than four grams, the person shall be guilty of unlawful possession of controlled substance in the first degree, a Class B felony.

"(2) One gram or more, but less than three grams, the person shall be guilty of unlawful possession of controlled substance in the second degree, a Class C felony.

"(3) Less than one gram, the person shall be guilty of unlawful possession of controlled substance in the third degree, a Class D felony.

"(e) Any person who has unlawful or actual constructive possession of cocaine, cocaine-base, or any mixture containing cocaine or methamphetamine, as described in Section 20-2-25(1) or Section 20-2-27, or any mixture containing these substances, is guilty of a felony, which felony shall be known as "unlawful possession of controlled substance." If the quantity involved is:

"(1) 14 grams or more, but less than 28 grams, the person is, except as otherwise authorized, guilty of unlawful possession of controlled substance in the first degree, a Class B felony.

"(2) 1.5 grams or more but less than 14 grams, the person is, except as otherwise authorized, guilty of unlawful possession of controlled substance in the second degree, a Class C felony.

"(3) Less than 1.5 grams, the person is guilty of unlawful possession of controlled substance in the third degree, a Class D felony.

§13A-12-213.

"(a) A person commits the crime of unlawful possession of marihuana marijuana in the first degree if, except as otherwise authorized:

"(1) He the person possesses marihuana two or more pounds, but less than 10 pounds of marijuana. for other than personal use; or

"(2) He possesses marihuana for his personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his personal use only.

"(b) Unlawful possession of marihuana marijuana in the first degree is a Class C B felony.

§13A-12-214.

"(a) A person commits the crime of unlawful possession of marihuana marijuana in the second degree if, except as otherwise authorized, he or she possesses marihuana 10 or more ounces, but less than two pounds of marijuana for his personal use only.

"(b) Unlawful possession of marihuana marijuana in the second degree is a Class A misdemeanor C felony.

§13A-12-231.

"Except as authorized in Chapter 2, Title 20:

"(1) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 10 pounds of any part of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including the completely defoliated mature stalks of the plant, fiber produced from the stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination is guilty of a Class A felony, which felony shall be known as "trafficking in cannabis." Nothing in this subdivision shall apply to samples of tetrahydrocannabinols including, but not limited to, all synthetic or naturally produced samples of tetrahydrocannabinols which contain more than 15 percent by weight of tetrahydrocannabinols and which do not contain plant material exhibiting the external morphological features of the plant cannabis. If the quantity of cannabis involved:

"a. Is in excess of one kilo or 2.2 10 pounds, but less than 100 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of twenty-five thousand dollars ($25,000).

"b. Is 100 pounds or more, but less than 500 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of fifty thousand dollars ($50,000).

"c. Is 500 pounds or more, but less than 1,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred thousand dollars ($200,000).

"d. Is 1,000 pounds or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(2) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine or of any mixture containing cocaine, described in Section 20-2-25(1), is guilty of a felony, which felony shall be known as "trafficking in cocaine." If the quantity involved:

"a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"c. Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).

"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(3) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 20-2-23(2) or Section 20-2-25(1)a., or four grams or more of any mixture containing any such substance, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

"a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

"b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"c. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000).

"d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(4) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 1,000 or more pills or capsules of methaqualone, as described in Section 20-2-1, et seq., is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

"a. Is 1,000 pills or capsules, but less than 5,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and pay a fine of fifty thousand dollars ($50,000).

"b. Is 5,000 capsules or more, but less than 25,000 capsules, that person shall be imprisoned to a mandatory minimum term of imprisonment of 10 calendar years and pay a fine of one hundred thousand dollars ($100,000).

"c. Is 25,000 pills or more, but less than 100,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of five hundred thousand dollars ($500,000).

"d. Is 100,000 capsules or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(5) Any person who knowingly sells, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of 500 or more pills or capsules of hydromorphone as is described in Section 20-2-1, et seq., is guilty of a felony which shall be known as "trafficking in illegal drugs." If the quantity involved:

"a. Is 500 pills or capsules or more but less than 1,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

"b. Is 1,000 pills or capsules or more, but less than 4,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"c. Is 4,000 pills or capsules or more but less than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 25 calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"d. Is more than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of life in prison without parole.

"(6) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

"a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"c. Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).

"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(7) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine is guilty of a felony, which felony shall be known as "trafficking in illegal drugs" if the quantity involved:

"a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"c. Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).

"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(8) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of phencyclidine, or any mixture containing phencyclidine, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

"a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

"b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"c. Is 28 grams or more, but less than 56 grams, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).

"d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(9) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of lysergic acid diethylamide, of four grams or more of any mixture containing lysergic acid diethylamide, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

"a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

"b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"c. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000).

"d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(10) Any person who knowingly sells, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof, is guilty of a felony, which felony shall be known as "trafficking in amphetamine." If the quantity involved:

"a. Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"c. Is one kilo but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).

"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(11) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof, is guilty of a felony, which felony shall be known as "trafficking in methamphetamine." If the quantity involved:

"a. Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).

"c. Is one kilo but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).

"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

"(12) The felonies of "trafficking in cannabis," "trafficking in cocaine," "trafficking in illegal drugs," "trafficking in amphetamine," and "trafficking in methamphetamine" as defined in subdivisions (1) through (11), above, shall be treated as Class A felonies for purposes of Title 13A, including sentencing under Section 13A-5-9. Provided, however, that the sentence of imprisonment for a defendant with one or more prior felony convictions who violates subdivisions (1) through (11) of this section shall be the sentence provided therein, or the sentence provided under Section 13A-5-9, whichever is greater. Provided further, that the fine for a defendant with one or more prior felony convictions who violates subdivisions (1) through (11) of this section shall be the fine provided therein, or the fine provided under Section 13A-5-9, whichever is greater.

(13) If the totality of the evidence shows that the person is a user and is not engaged in an enterprise involving large quantities of cannabis, cocaine, illegal drugs, or amphetamine, the judge, in his or her discretion, may reduce the trafficking charge to unlawful possession of marijuana in the first degree and sentence the person accordingly.

"(13) (14) Notwithstanding any provision of law to the contrary, any person who has possession of a firearm during the commission of any act proscribed by this section shall be punished by a term of imprisonment of five calendar years which shall be in addition to, and not in lieu of, the punishment otherwise provided, and a fine of twenty-five thousand dollars ($25,000); the court shall not suspend the five-year additional sentence of the person or give the person a probationary sentence.

§20-2-20.

"(a) The State Board of Health, unless otherwise specified, shall administer this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, or 20-2-31 pursuant to the procedures of the State Board of Health. and shall have the authority, also pursuant to the administrative procedures applicable to the board for scheduling purposes, to establish the monthly therapeutic dosage for the controlled substances enumerated in Schedules II through V, as found in Section 20-2-25, 20-2-27, 20-2-29, or 20-2-31, which shall serve as the basis for classifying offenses applicable to the lawful and unlawful use, distribution, or possession of the scheduled substances. In making a determination regarding a substance, the State Board of Health shall consider all of the following:

"(1) The actual or relative potential for abuse.

"(2) The scientific evidence of its pharmacological effect, if known.

"(3) The state of current scientific knowledge regarding the substance.

"(4) The history and current pattern of abuse.

"(5) The scope, duration, and significance of abuse.

"(6) The risk to the public health.

"(7) The potential of the substance to produce psychic or physiological dependence liability.

"(8) Whether the substance is an immediate precursor of a substance already controlled under this chapter.

"(b) After considering the factors enumerated in subsection (a), the State Board of Health shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.

"(c) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the State Board of Health, the State Board of Health shall similarly control the substance under this chapter after the expiration of 30 days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 30-day period, the State Board of Health objects to inclusion, rescheduling, or deletion. In that case, the State Board of Health shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the State Board of Health shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the State Board of Health, control under this chapter is stayed until the State Board of Health publishes its decision.

"(d) Authority to control under this section does not extend to distilled spirits, wine, malt, beverages, or tobacco.

"(e) The State Board of Health shall exclude any nonnarcotic substance from a schedule if such substance, under the federal Food, Drug and Cosmetic Act, the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, and the law of this state may be lawfully sold over the counter without a prescription."

Section 2. Sections 13A-12-214.1 and 13A-12-214.2 are added to the Code of Alabama 1975, to read as follows:

§13A-12-214.1

(a) A person commits the crime of unlawful possession of marijuana in the third degree if, except as otherwise authorized, the person possesses three ounces or more, but less than 10 ounces of marijuana for his or her personal use only.

(b) Unlawful possession of marijuana in the third degree is a Class D felony.

§13A-12-214.2

(a) A person commits the crime of unlawful possession of marijuana in the fourth degree if, except as otherwise authorized, the person possesses not more than three ounces of marijuana for his or her personal use only.

(b) Unlawful possession of marijuana in the fourth degree is a Class A misdemeanor. If a person has three previous convictions for unlawful possession of marijuana in the fourth degree, each a Class A misdemeanor, the sentence shall be enhanced to a Class D felony.

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses
Criminal Law and Procedure
Board of Health, State
Controlled Substances
Drugs
Marijuana
Code Amended

ACTION ALERT! Melt Paul DeMarco's Phone Lines TODAY!

UPDATE: DeMarco heard us loud and clear. For the time being we can cease the phone calls. If we need to start them back at a later date we will. If you are in DeMarco's district please do continue to call him.



This is to all supporters of the Michael Phillips Compassionate Care Act, a bill, which if enacted, would protect physicians who recommend and patients who use marijuana as medicine from arrest and prosecution under state law.

This bill is in it's 8th year in the Alabama House. Last session it finally passed the House Judiciary Committee but got no further due to it being late in the session. Then, of course, there was the election ion November, which brought sweeping changes to the Alabama House and Senate and entirely changed the make up of the House Judiciary Committee. With that committee now being made up of a majority of Republicans I will admit that we were worried about our bill. However, after talking to many of the newly elected Republicans we have found a great deal of support for this bill among them.

Now, to the new problem we have...Rep. Paul DeMarco. Rep. DeMarco has said publicly on the Matt Murphy Show that he would give our bill a fair hearing and place it in the judiciary calendar when Rep. Todd asked for him to. He has also said as much to a few of our members who have spent time in Montgomery every week since the session started. DeMarco is chair of the House Judiciary Committee.

Now, however, he is waffling.

Paul DeMarco told Rep. Todd on Friday that he doesn't want to put our medical marijuana bill on the calendar because he has all the sentencing reform bills. He wants her to take it to health instead. She doesn't want to do that and we don't want her to do that for two reasons...1) Rep. Todd says the health committee is worse than judiciary and our bill would never pass that committee and 2) We have worked only the members of the judiciary committee this session and don't want to change horses in mid-stream.

So, I need all of you out there who support this bill to melt Paul DeMarco's phone lines and flood his inbox starting today.

Here is his contact information.

Montgomery State House - (334) 242-7667
Home Phone:(205) 802-7285
Work Phone:(205) 314-7909

Email: paul@pljpc.com or paul.demarco@alhouse.org

Tell him that you want this bill placed on the Judiciary calendar. Remind him of his words on the Matt Murphy show a few weeks ago and of his words to members of Alabama Compassionate Care who have taken the time to visit him face to face this session. If you are a patient then tell him so. Please be polite. Piss and vinegar will get us nowhere.

Ok get busy! And don't let up until he relents and does what he said he would do.

PS. I just learned from Matt Murphy that Rep. DeMarco will be on his show this morning at about 8:10 a.m. Please use this opportunity to politely harass him and make him stick to his word. Call in # for Matt Murphy is 205-741-1005 or 867-569-1005.

2011 Legislative Session Bills to Support or Kill

The 2011 Alabama Legislative Session began on March 1. Browsing through the bills that have already been filed I have found both great bills and horrible bills. Let's start with the great ones.

Bills to Support

1. The Michael Phillips Compassionate Care Act - This bill would protect physicians who recommend and patients who use marijuana as medicine from arrest and prosecution under state law. This will be the 8th year we have tried to get it passed. And things actually look pretty good this year. We do not have a bill number yet but hope to have one next week. It will be assigned to the Judiciary Committee. Please contact the members of the judiciary committee and ask them to pass this bill. The linked names on the Judiciary page do not seem to be working. For contact information please go HERE. Emails are ok, phone calls are better and face to face visits are best.

2. HB10 by Rep. Chris England would allow persons with felony drug convictions who have served their time and paid all fines and restitution to be eligible for public assistance (housing, food stamps etc..) Starving people over petty drug convictions only increases crime and makes children, who have nothing to do with what their parents may have done, go hungry.

3. HB23 is the Records Expungement bill sponsored by Rep. Chris England and would allow persons arrested but never convicted of a crime to have all records, including photos and fingerprints expunged from the court. This bill makes complete sense. People who have not been convicted of a crime but have a record are denied jobs, housing, public assistance if they need it and have problems when they travel across borders. For a while when I was traveling to Canada a great deal an additional $1000 was required because an immigration lawyer had to be retained in Canada on my behalf just so I could clear customs.

4. HB128 sponsored by Rep. Chris England would allow first time felony offenders whose crimes did not include moral turpitude to be sentenced to no more than three years in jail, prison or treatment and cap fines that could be imposed. Once the sentence is completed the record of defendant would be wiped clean.

5. HB129 Sponsored by Rep. Chris England - This bill would require probation and parole officers to provide probationers with periodic compliance incentive status updates to afford probationers with the opportunity to understand their compliance status.
This bill would also allow a probationer serving a probationary sentence of greater than one year to receive an automatic compliance incentive review upon completing two-thirds of the probation period or suspension of sentence.
This bill would allow probationers to be transferred to unsupervised probation if in satisfactory compliance with the terms and conditions of probation, including the payment of court-ordered fines and costs, as well as restitution.

6. HB134 Sponsored by Rep. Rod Scott - Under existing law, the driver's license of a person convicted of a drug offense or adjudicated a juvenile delinquent when the underlying offense is a drug offense is required to be suspended for six months.
This bill would delete the requirement for the suspension for all drug offenses except trafficking in illegal drugs.
The bill would also provide for the certification of this act to the United States Department of Transportation by the Governor.

7. HB193 Sponsored by Rep. Mike Jones - The Common Sense Consumption Act - This bill would prohibit lawsuits based on claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.

8. HB225 Sponsored by our favorite Representative Patricia Todd -

SYNOPSIS: Under existing law, there is no provision to create and maintain a statewide registry of convicted animal abusers.
This bill would require the annual registration of each animal abuser with the local sheriff's department in the county of the abuser's residence and would provide for fines and penalties for violations.
This bill would require each county sheriff to maintain a local registry of animal abusers; to provide this information to certain residents, businesses, and schools; and to forward the registration information to the Department of Public Safety.
This bill would require the Department of Public Safety to create and maintain a central registry of animal abusers that can be assessed by the public.

9. HB247 Sponsored by Rep. Patricia Todd - Under existing law, additional penalties are imposed against a person if the offense committed is motivated by the victim's race, color, religion, national origin, ethnicity, or physical or mental disability.
This bill would provide for those additional penalties for crimes motivated by the victim's sexual orientation or gender identity or expression.

10. HB226 Sponsored by Rep. Patricia Todd - Under existing law, State Department of Education is required to develop a model policy for local school boards pertaining to student harassment prevention. Currently, the term "harassment" does not specifically include as a characteristic of a student the gender identity or sexual orientation of the student or of the individual who is associated with the student.
This bill would expand the definition of "harassment" to include as a characteristic of a student the gender identity or sexual orientation of the student or of the individual with whom the student associates.

(NOTE:) I have a deeply personal interest in the two bills above. My daughter is perceived to be gay by her peers. This perception comes from her extreme modesty because she doesn't dress like a hooker and try to throw her ass on every boy who walks by. Whether she is gay or not is no ones fucking business but hers and her family's. Every day at school she is tormented by vicious hillbilly idiots that could have been cast in 'Deliverance'. Last week she was locked in a closet and the door was barricaded. If she'd had a medical emergency (and that was very possible as she has been having some pretty serious medical problems of late) or if there had been a fire or weather emergency then my daughter could have died and I would right now be in jail for exacting revenge sans the judicial process. The school does only the very minimum when it comes to doling out punishments to the kids who torment her. In the above mentioned case the vicious kids involved were given a few days of in school suspension. After this happened the ring leader of the kids who did this took it to Facebook. I saved the page and printed it out and turned it over to the school resource officer who said there might be enough there to file harassing communications charges. If there is enough you can bet your ass that I will be filing those charges and hope the punk who did this goes to juvenile detention. We'll see how he likes being locked up against his will. Every kid deserves to learn in a non-hostile environment regardless of race, religion, disability or perception of sexual orientation.

11. SB17 Sponsored by Rep. Cam Ward - Under existing law, to gain ballot access, an independent candidate for office must file a written petition signed by at least three percent of the qualified electors who cast ballots for the office of Governor in the last general election.
This bill would reduce the number of names of qualified electors required for independent candidates for statewide office to gain ballot access.

12. HB147 - Sponsored by By Representatives McMillan, DeMarco, Ford, Scott, Hill, Newton (D) McClendon, Johnson (R) Millican, McCutcheon, Treadaway, Thomas, Weaver, Wood, Ison, Boothe, Greer, Collins, Nordgren, Galliher, Roberts, Clouse, Mask, Hubbard (M) Brown and McClurkin

This bill would outlaw the use of gas chambers in Humane Society Shelters. Before I became aware of this bill I thought that when an animal that hadn't found a forever home was put down in a shelter that they were put to sleep just like at the vet's office. Turns out it isn't nearly as humane as that. What they really do is load bunches of dogs or cats into a GAS CHAMBER and gas them. Before sweet death finally comes these poor animals urinate and defecate on themselves and tear each other apart out of fear. Makes me want to cry just thinking about it. This bill would mandate that animals who have to be euthanized are done so with a shot....just like at the vets office.

Please have your pet spayed or neutered so that they don't add to the problem of unlove3d and unwanted animals. When the pitbull puppy showed up here a few weeks ago I called the local shelter to see if it was a no kill. It wasn't. And the lady on the phone told me that last year they had taken in 6000 dogs who were strays or dumped. She said in the first hour and a half of that morning 12 dumped dogs were brought in. How awful. So, take your furry friends to the vet for the snip snip and stop adding to the problem.

Bills to Kill

1. HB91 - Sponsored by Rep. Gaston - This bill would add the following to the Schedule I of the controlled substances list: 3,4-Methylenedioxymethcathinone (Methylone), 3,4-Methylenedioxypyrovalerone (MDPV), 4-Methylmethcathinone (Mephedrone), 4-Methoxymethcathinone, 3-Fluoromethcathinone, and 4-Fluoromethcathinone.
This action would make the drugs subject to regulation and penalties in the same manner as other controlled substances.

2. HB163 - Sponsored by Rep. Farley - Under existing law, the possession of certain named chemical compounds of synthetic cannabinoids is prohibited and subject to criminal penalties. Possession of the substances is a Class C felony except possession for personal use on the first offense is a Class A misdemeanor.
This bill would add certain named chemical compounds of synthetic cannabinoid to the law and would specify that any other chemical compound capable of exhibiting cannabinoid like psychoactivity would be prohibited. Violations would be subject to the existing penalties.

(NOTE: We have plenty of failed drug laws on the books and the last thing this state needs is more. Passage of these two laws would mean more people in prison and more tax dollars wasted to keep them there. Not to mention that the Chief Justice of the Alabama Supreme Court and Republican Governor Robert Bentley are promoting changes to existing drug laws (marijuana) in order to keep people out of prison for personal possession as well as pushing for the release of those currently in prison for marijuana possession. Also, it's important to point out that current prohibition laws are responsible for the rise in synthetic substitutes. In six months there will be a new designer synthetic on the market. This is 'feel good' legislation that needs to die a quick death. Both of these bills have had their second read in the judiciary committee. Please contact the members of the judiciary committee and ask them to kill these bills. )

3. HB157 Sponsored by Rep.'s Rich, Long, Greer, Hammon, Baughn, Nordgren and Collins - Under existing law, there is no requirement that a welfare recipient of TANF, food stamps, or Medicaid must be tested for substance abuse. Also under existing law, there is no requirement that any adult applying for TANF, food stamps, or Medicaid must be tested for substance abuse if there is a reasonable suspicion of the appearance or demeanor of the applicant that implies that the applicant may be under the influence of a controlled substance.
This bill would make such requirements.
This bill would provide for the Department of Human Resources to be responsible for testing; would provide that any positive test results are not admissible in any criminal proceeding; would provide that any adult who fails the test or refuses to take the test would be ineligible for TANF, food stamps, or Medicaid; and would provide for the department to promulgate rules pursuant to the Administrative Procedure Act to implement this act.

(Note: This bill will ensure that innocent children go hungry and without medical care because of something their parents might have done. Drug testing for these services means that poor people or people who have recently lost their jobs due to the economy no longer have any privacy rights. Please remember that a positive drug test does not mean that said drugs were purchased with money that should have been spent on medical care or groceries. Then there is the issue of a false positive which is far more common than people think. Many over the counter medications can cause a false positive on a drug screen. Also, why only illegal drugs? If the purpose of this bill is to make people spend money on the things they should spend it on then why not also test for alcohol, tobacco and cheeseburgers from McDonald's? In my opinion the only ones who should be drug tested are elected officials, state employees and law enforcement personnel. Not poor people who need a little help to feed their families. Let's start at the top and drug test the people who have all the power in this state and all the taxpayer money at their disposal and make all the laws that they themselves are not subject to. Last but not least...you should always fight attempts to make laws that require that you hand over your bodily fluids to the damn government.)

4. HB8 Sponsored by Rep. Long - This bill shall be known as the "Alabama Women Become Property of the State Upon Catching Pregnant Act (title mine). Existing law makes it a crime to knowingly, intentionally, or recklessly expose a child to a controlled substance, chemical substance, or drug paraphernalia.
This bill would clarify the term "child" to include an unborn child in utero at any stage of development regardless of viability. This bill would establish venue for prosecution for exposure in utero in the county where the child is born. This bill would create a rebuttable presumption of exposure in utero if both the mother and the child test positive for the same controlled substance not prescribed by a physician.

(Note: What this bill would really do is deter expectant mothers from seeking out critical prenatal care and rip apart families. No one thinks its a good idea for women to use drugs of any kind, including alcohol and tobacco, while pregnant. However addiction doesn't go away overnight upon becoming pregnant. If a pregnant woman is using drugs then treatment and parenting classes would be the best way to ensure she stops using drugs and is able to care for her child. Not prison. Not DHR. If this bill were really about the health of an infant then alcohol and tobacco which are both proven to cause birth defects would be included. This is another piece of feel good legislation that needs to die quickly.)

5. HB56 Sponsored by By Representatives Hammon, Collins, Patterson, Rich, Nordgren, Merrill, Treadaway, Johnson (R) Roberts, Henry, Bridges, Gaston, Johnson (K) Chesteen, Sanderford, Williams (D) McClendon, Wren, Williams (J) Hubbard (M) Williams (P) Baughn, Moore (B) Long and Canfield.

This is the Arizona style anti-immigration bill and it is absolutely terrible. It legalizes racial profiling (as if we didn't have enough of that already)and would waste tax dollars by deporting Hispanics who are determined to be here without the proper paperwork. Deporting Hispanics before the border is gotten under control is insane. They will just come right back and be deported again and again and again. Do we have a problem concerning immigration? Yes. We do. Is this the way to solve it....by demanding to see someones papers (Nazi Germany anyone?), racial profiling, and tearing apart families who only came here for a better life? NO. Why is there so much hate in this state? People here seem to thrive on it. Anyone they can put down, sic the cops on, be biased against due to skin color they love it. It seems to be a majority of Alabama citizens too. Or a damn loud minority. Where is all the Christian love and compassion which Jesus taught?

There will be other bills added to this list as they are filed. If you've looked around ALISON and have seen a bill that should be added to either of these lists please email me or post on this thread.

Free to good home

This little cutie pie followed Bell up the driveway after she got off the school bus yesterday. Looks to be a brindle pit bull about 3 or maybe 4 months old. Super sweet and affectionate. She was half starved and so naturally I fed her. She is a darling. Can't get or give enough love and affection. She is incredibly submissive....almost like she has been mistreated, but there are no marks on her that indicate that. I think someone just dumped her out because she is female.

I called the Humane Society here but they are a kill shelter and I just can't have that. Also called a bunch of rescues but they are all at max capacity and can't take any more. I really can't keep her. I have my German Shepherd and he is plenty.

If you would like to give this little angel a home please email me at lorettanall@gmail.com
If you plan to fight her then don't bother contacting me.

Meeting about Goodwater Court Shooting Feb 19 at 6 pm

On Feb. 19, 2011 at 6 p.m. St. James AME Church will hold a public meeting to discuss the shooting of an unarmed man with a broken hip using crutches to walk by a police officer in Goodwater. I have helped to organize this meeting and spent most of the morning in Goodwater talking to eyewitnesses, local residents and clergy. I will be one of the speakers at the meeting tomorrow night as will the eye witness who saw the whole thing from the row in court, and Mr. Bernard Simelton President of the NAACP will be in attendance with some other members of his group. The ACLU is also going to try and send a representative. A lot of media should be in attendance as well.

What is happening and has been happening in Goodwater, AL for a long time needs to stop and stop now. If you believe that injustice anywhere is injustice everywhere then I hope you will attend this meeting tomorrow night. Here is the Google Map of how to get there.

http://maps.google.com/maps/place?oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&ie=UTF-8&q=st+james+church+goodwater+alabama&fb=1&gl=us&hq=st+james+church&hnear=Goodwater,+AL&cid=8962289816838416940

Goodwater Cop Shoots Unarmed Man on Crutches

On Feb. 3, 2011 an unarmed man with a broken hip, who was using crutches to walk was shot by Goodwater, AL police officer for arguing with Judge Carlton Teel. There are numerous news articles on the incident. But they are all conflicting.

Witnesses in the courtroom say that Brian Keith Ford was upset at the huge fine levied against him for a misdemeanor charge. He, according to someone who knows him, could only pay half. When the judge refused his request he asked to speak to his girlfriend, which the judge denied. Mr. Ford became upset and he and Judge Teel got into a yelling match. Cops, the judge and lawyers in the courtroom claim that Ford went for the judges gun, which was under his robes and not visible. They also say he grabbed the judge. A Goodwater police officer on security duty in the courtroom then shot Ford once in the stomach and when he was on the ground shot him again in the side.

Witnesses in the courtroom that do not work for the city, the state and who are not lawyers tell a very different story.

They say that there was no gun, Ford never went for any gun, that it was simply a yelling match between the judge and Ford. They said Ford was loud and unruly but didn't do anything to deserve to be shot twice.

Obviously, there are some questions about why this man was shot.

Now, I've had the misfortune of being in that courtroom when the current Judge Teel's older brother, Robert, was judge in 2000. Back then Judge Robert Teel routinely jailed everyone who was unable to pay a fine for misdemeanors. I was jailed for not forking over nearly $800 for a misdemeanor traffic ticket. They refuse to work out any sort of payment arrangements with anyone. If you don't have the money right then and there then you are made to sit along the wall until court is over and then you are taken downstairs to jail. It is the only court I have ever been in that refused to work with people on fines. Considering that Goodwater is a severely economically depressed area (there is one small factory there) I have always found that very odd and well...cruel. I also think it is illegal. I encourage you to read what happened to me in that courtroom. It appears that the current Judge Teel has followed in Robert's footsteps, because according to some of the news stories he, too, is making those unable to pay huge fines for minor offenses sit along the wall (on the floor) until they can be taken to jail, (which is a horrible hole downstairs).

Goodwater is a strange place as far as the legal community goes. It's like an incestuous cabal of related judges and lawyers who run the whole town. The Teel's father was at one time a State Representative. His three sons, Robert, Frank, and Carlton currently control Goodwater. Robert used to be the judge and he retired. Frank Teel is the Asst. DA who was arrested by the ABI for extortion in May of 2010. And Carlton Teel is the current municipal judge. They are white. The vast majority of Goodwater residents are black.

There are some major questions that need to be asked in this case.

1) A Judge sits on an elevated platform where it would be nearly impossible to put ones hands on him. There are some steps to climb to get to the judge. Are we really to believe that this man, with a broken hip and walking on crutches, actually made it past security, up the steps and to the judge before a cop could stop him?

2) Some news outlets are reporting that Ford "tried to forcibly obtain a firearm" that was under the Judge's robe. If it was under his robe then how did Ford know it was there? If it was under his robe then it wasn't visible. A different news outlet is reporting that he tried to take the gun from the cop. And yet another news outlet is reporting that Teel pulled the gun and Ford tried to take it away from him. The ABI is going with Ford trying to take it from the judge after the judge pulled it. Witnesses in the courtroom say there was never a gun except the one Ford was shot with.

3) Are cops in Goodwater so poorly trained that they can't take down a guy with a broken hip who is using crutches to walk?

And there is this oddball story about how Ford got his hip broke in an alleged police chase. Problem is, the police who were reportedly chasing him have said there was no such chase. And, I have questions about this paragraph.

“A Goodwater police officer informed (the trooper) that ACPD was in pursuit of a vehicle that was traveling North on Alabama 9 and he was waiting on the chase to enter his jurisdiction but ACPD called off the pursuit,” the report states. “The Goodwater police officer traveled South on Alabama 9 to try and locate the vehicle and came upon the wreck with the driver still inside. The GWPD police officer believes that the vehicle was the one ACPD was chasing but can’t prove it.”

Now, the ACPD is the Alexander City Police Department. Their jurisdiction is within the city limits, although they do sometimes help the Tallapoosa Sheriff's Dept. out in the county. Highway 9 is in an entirely different county. The part of it referenced in that paragraph is in Coosa County headed toward Clay County. ACPD wouldn't have been anywhere near there as it is way out of their jurisdiction. If it was already on Hwy 9 N. then it would have been well within the jurisdiction of Goodwater PD and Coosa Co. Sheriff's dept. and they would have been giving chase.

Either the ACPD is lying because they were giving chase outside their jurisdiction, or the Goodwater PD is lying because they want to paint this unarmed man they shot as a really bad person....which he might be, but that doesn't justify shooting him when he is unarmed.

The ABI is merely parroting what the Judge, lawyers and cop who fired the shots are saying. Seriously, their statement is almost literally "What They Said", with 'they' being the Judge, cop and lawyers. What about what the eye witnesses who have all said something very different? Does their version not count because they are just common folk?

This case needs to be watched very closely. The municipal court in Goodwater needs to be investigated for jailing people for merely being unable to pay a fine and for refusing to work out payment arrangements. I know that Leeds and at least one more city recently got sued for that practice. The plaintiffs won. It is illegal to jail people on non-jailable offenses for being unable to pay fines. It amounts to debtors prison.

The cop needs to be fired and barred from ever working as a police officer again. Anywhere. Chances are he won't be though. Seems that most places just pass bad cops on from one department to another, like pedophile priests. That is what I've heard regarding this cop already. Nothing is done about them until someone gets killed or brutalized...and even then it is rare that anything is done to them .


Stay tuned for new developments.

Shelby Co. Drug Court Testing Parents of Enrolled Juveniles

I got an email from a parent in Shelby Co. last night who has a juvenile child enrolled in drug court. This parent informed me that the judge (Kramer) forced a drug test on the spouse under threat of arrest "to prove the parents are good role models" and that this is standard procedure in Shelby Co. drug court.

DO WHAT?!?!?!?

I couldn't believe it. Couldn't figure out how such a thing could be legal. It seems to violate the "innocent until proven guilty" tenet upon which our entire judicial system is founded. The parents of the juvenile haven't violated any laws, they are not under the rule of any courts, no custody battles, no DHR or anything like that. One of the parents is a teacher...so how can they be forced to submit to court ordered drug testing?

Hell, this case wasn't even about drugs to begin with. The kid in question shop lifted a pack of candy bars and got placed on probation. Later the kid tested positive for the fake marijuana that was outlawed last legislative session. I wasn't aware that a test had even been developed for the fake stuff. However, when I googled it I found that they have indeed developed a test to rapidly detect any fun one might possibly have.

Then the parent sent me the paperwork for enrollment and it was right there in black and white.

"Parents, Guardians, or Custodians is/are made party to herein shall"

X Submit to and pass drug and alcohol screens at the request of the drug
court team.

It also says that parents are not to have alcohol in the house and that they must allow entry to any drug court team member who just happens by. Alcohol is legal. This case has nothing to do with alcohol. How can it be legal for drug court to say that parents, who are of legal drinking age, are not allowed to drink alcohol in the privacy of their own home, when this case has nothing to do with alcohol?

Still, I thought this might be a case of some power tripping judge thinking he can get away with anything in his court room. So, I asked a couple of lawyers I know who sometimes have cases in Shelby Co. and they told me that this provision (make parents or guardian a party to case) is in the Alabama Juvenile Code. I looked it up this morning and Section 12-15-31(5) says;

"A PARENT OR GUARDIAN OF THE CHILD CAN BE MADE A PARTY TO THIS CASE PURSUANT
TO § 12-15-31(5), CODE OF ALABAMA 1975. A PERSON MADE A PARTY TO THIS CASE MAY BE
REQUIRED TO PAY ATTORNEY FEES, TO PAY FOR EVALUATION AND TREATMENT, TO PAY FINES,
COURT COSTS, AND RESTITUTION, AND TO PAY FOR CARE, SUPPORT, AND SUPERVISION OF THE
CHILD. A PERSON MADE A PARTY MAY BE SUBJECT TO OTHER THINGS ALSO. FAILURE TO
COMPLY WITH THE ORDERS OF THE COURT CAN RESULT IN CONTEMPT PROCEEDINGS, AND FAILURE TO MAKE PAYMENTS ORDERED CAN RESULT IN A CIVIL JUDGMENT FOR THE COLLECTION OF PAYMENTS ORDERED."

Now, in 1975 when the code was written, there was no such thing as drug court in the State of Alabama. I'm not even sure drug testing existed in 1975. Problem is, the sentence above which says "A person made party may be subject to other things also." That is so broadly written that it can be made to fit anything a judge wants it to fit. It seems to me that the provision was mostly to make the parent responsible for paying the costs associated with juvenile court. It had absolutely nothing to do with drug testing the parents of a juvenile who is in trouble with the law. How can it apply to drug testing parents in 2011?

Also, the code says CAN be made a party...not WILL be made a party or HAS TO be made a party to. It also says persons made party to a case MAY be subject to other 'things'. It doesn't say WILL be subject to other things or what those other things might be.

So, what determines if a parent/guardian/custodian is made a party to a case? Are there any clear cut determining factors? Or is it, as I suspect, left up to the individual judge so that there are no clear guidelines?

I learned from one of the attorneys that I communicated with that if one of the parents fails a drug test they get sent directly to jail. How is putting the parent of a kid in trouble, in jail, supposed to help matters?

I've also asked a family court judge I know about all of this. I want to know is it standard procedure in all drug courts, or is it isolated to Shelby Co.?

All they are really doing is looking for more people to extort in drug court. I guess their reasoning is that if a kid does something wrong (and what kid hasn't shop lifted a piece of candy at least once?) then the parents must be doing things wrong, too. I always thought there had to be evidence of wrongdoing before prosecution could commence. Isn't that how our legal system is supposed to work?

I refuse to accept that this is legal. If it is legal then the only way to change it is through the legislature. I will keep researching it. I'd like to hear from any parents with a child in drug court anywhere in the state, and especially in Shelby Co., that this has happened to. Please email your story to me at lorettanall@gmail.com

In the meantime all parents in Shelby Co. should be aware that this can, and probably will happen to you, if your child somehow winds up in juvenile court.

Update: I spoke with both mom and dad yesterday via phone and got more astonishing details that I want to share.

Mom is a school teacher in an inner city school. She works 10 hours a day. At home she and dad also have a set of two year old twins, one of which is autistic. Dad stays home during the day to watch the kids and has a night job. If dad loses his job then mom will have to leave her job in order to provide child care for her small children. If that happens they will lose their home.

When I talked to dad he told me the whole story about what happened in court. He said the Judge James Kramer was talking about what happens in drug court and what to expect and all of a sudden he said, "Now parents I expect you to be good role models for your children and to prove that you are a good role model I expect each of you to provide me with a urine sample before you leave today."

Dad said he felt like he had been run over by a truck. He said the public defender, who should have been representing him, kept coming over to him and saying, "This is a really great program and you should sign on." Said he must have come over to him 5 or 6 times trying to cajole him into submission. What he didn't do was explain all the consequences for a dirty urine, offer him any advice on his rights. No, nothing like that. That makes me wonder if the Public Defenders office in Shelby Co. is getting some kind of kick back somewhere.

Dad said all the other new parents in drug court that day were practically running over each other to get in line....raising their hands and volunteering to piss in a cup. He said one lady got overlooked and she jumped up and said..."Y'all forgot me. I want to be drug tested too!" (I think I just threw up in my mouth a little)

Dad said he told the probation officer that he had already peed and that he would be unable to leave a sample. He said the PO told him that he would be detained until he complied. When dad asked the PO what would happen if he flat refused he was told that the judge would put him in jail until he changed his mind.

Dad asked the PO what happens if a parent comes up dirty and the PO said, "The Judge will talk to you when you come back on Monday, will probably send you to treatment for marijuana addiction. If you fail another one you will go to jail." And he will obviously be placed in the adult drug court in Shelby Co. which is something like $2500 - $3000 a lick plus the cost of drug testing and probation officer fees.

Dad said the Judge told everyone that the part about not having alcohol in the home didn't mean that the parents couldn't go out to a bar. (Which would mean they would likely have to drive home after drinking. (Yay safety!)

Dad also told me that while enrolled in drug court that parents were not allowed to give their children medication, of any kind, even that prescribed by a physician, until the drug court team approved it. Not kidding. Even doctor prescribed medication has to be approved by these yahoos. There is a case where this judge put a parent in jail for 30 days because she allegedly gave her child something over the counter while the child was enrolled in drug court.

Dad said the PO stood behind him in the bathroom and WATCHED him pee in a cup.

Dad noted that there are no black families in juvenile drug court. I told him that's because drug courts don't believe black people have money so black kids just get sent to jail. I think we have a clear case of unequal access here.

Dad said he asked the judge what if they didn't want their son to go through drug court. He said the judge told him that his son would then have a trial by jury, but with ONLY the juvenile probation officers giving testimony so as not to jeopardize the sanctity of the information, that his son would be found guilty (how the hell does he know that would be the verdict?) and that he would be sent to juvenile detention and then through drug court anyway.

I exchanged emails with Peter Wilkinson of Rolling Stone Magazine yesterday. He has asked for an exclusive print interview and is lobbying his higher ups to get permission to come back to Alabama and cover this story.

This unconstitutional BS will not stand!

There is case precedent. Commentor sixstring found a similar case in Idaho and the Idaho Supreme Court ruled that drug testing parents violates the 4th Amendment to the US Constitution.

Webster Alexander facing 41 years

It was 8 years ago this month when my friend Marc Emery first alerted me to the plight of then Alabama teenager Webster Alexander whose high school principal Ricky Nichols set him up by placing an undercover cop in the small town Lawrence County high school to pressure the kids into selling him weed for his FAKE cancer stricken grandmother. That's like the sickest shit ever when you think about it.


(Oh do do do read this link to Principal Ricky Nichols . Talk about sweet fucking irony and poetic justice! God it doesn't get any better than that :)


Webster was the unlucky kid to get caught in the snare. He was a first time offender. And they were saying he was going to get 26 years in prison for a few ounces of pot. 26 years for a high school kid. For weed!


Marc called me when that story came up on the news feed all upset and said, "Whatever we have to do, no matter how much it costs, we have to save this kid. You get in the car, I'll wire you some money and you drive to Moulton, Alabama and get to work." I had known Marc about 4 months at that point and other than writing some LTE's and, subsequently going to jail for doing so, this was the first real activist work I ever did.


I went to Moulton a day or two later after I had talked to the family and did a video interview with Webster and his dad. After that was released Rolling Stone called and said they wanted to interview the family and me and write about it for the magazine. I was floored. Some of the pictures from the Rolling Stone article are in the Ricky Nichols link above. I still have that issue. That RS article was BRUTAL to the town all around and most especially to the law enforcement, judge and asshole principal. Marc Emery sent one of his Cannabis Culture journalists down here to do an article on Webster's situation and my activism around it. Alabama media was all over it and it went nationwide.


Finally it came to sentencing day and, because of my efforts and the massive amount of media attention I was able to bring to the case, Webster received one year in jail...sort of. They did actually sentence him to 26 years, but suspended it and placed him on 10 years supervised probation. Within a week he was out on work release and basically only spending nights and weekends actually in jail.


But, as most of us know probation isn't set up to help people succeed. It is, in fact, designed to make people fail. Who in their right mind thinks a kid of 18 or 19 is going to make it through 10 years of pissing in a cup or not running afoul of the law in some other way...like a speeding ticket for instance? Or a tail light out? Or the most ludicrous of all the "no tag light"? For that matter, what adult is going to make it through 10 years supervised probation? I mean, I don't care if it's a child molester. Those sick bastards can die in prison and I think they should. But a kid who was entrapped and pressured to sell weed to an undercover cop?


Webster wrote me once and thanked me for helping save him from 26 years in a state prison. We lost touch after that. A few months ago his wife contacted me on Facebook and let me know that he was doing well and that he is a father now with two small children he adores. Said he had done well on probation and that he had never forgotten me. I've never forgotten him either. I never will. His case is what set me in motion in Alabama. I was outraged. I still am.


Sadly, Webster, 8 years into his 10 years of probation, has been arrested again. A few days ago his sister contacted me on Facebook and told me that he had been arrested and was facing 15 additional years on top of the original 26, because his probation wasn't up on the first case, after he was arrested for having 3 xanax tablets in the wrong bottle. She asked if I could help. The answer, of course, is yes. I will do all I can.


That's 41 fucking years for a piss ant drug charge. 41 years.


I spoke with Webster's father tonight and he said that the police in the tiny Alabama town where they live have hounded and harassed Webster every time he set foot out the door. Said they got him fired from numerous jobs, harassed him walking down the street,harassed him riding his bicycle. In fact, on this latest charge he was riding his bike when the police got him. Every time they laid eyes on him they were fucking with him. I know that's true. I grew up in a tiny Alabama town where that's just the way things were. Once you were in the cops cross hairs they never fucking left you alone. That's why I left my home town as soon as possible. I wish Webster had been able to do the same.


Last week the judge in Webster's case signed an order for him to spend 1 year in a drug treatment facility. Problem is there are no open beds. I hope Chief Justice Sue Bell Cobb reads this post. If she does then I would like her to know that her push for drug courts in this state is completely useless unless there are actual treatment beds and all. But there aren't.


The entire state of Alabama has only 246 treatment beds for women trying to recover from alcohol/drug addiction. I don't know the number for males. If Chief Justice Cobb truly wants to help people stay out of jail because they have a drug problem then she would include/push for funding for treatment facilities. You can't keep people out of jail if there is no where to go but jail. Even a pot smoker like me knows that.


And I'm not talking about these bogus 'treatment' places (like the one Webster has been signed off to go to) that demand huge sums of money from poor people in order to get in, promise to find them work and when they can't or the temp job they do find runs out they start harassing the family for money again. And when the money isn't produced they get kicked out and sent back to jail. Those places should be outlawed. If you can't provide treatment then change then laws so that people who use drugs, but do not harm others, are not criminals. And while you're at it make it a crime punishable by the death penalty for asshole principals to set up high school kids. That'd be real awesome!


Webster Alexander should not be facing 41 years in prison. His original sentence and probation were totally uncalled for. So, is this one. Hell, murderers and child rapists don't get sentences like this one. It's police and court action and the lack of testicular political fortitude to change these ass backwards laws, like this bullshit right here, that keep our prisons running at 195% capacity and costs Alabama taxpayers hundreds of millions of dollars a year. It has to stop. All it does is destroy lives and families. Nothing productive comes from enforcing these barbaric and antiquated laws against non-violent people.


If Webster were to serve the 41 years the ballpark cost at the current rate of $15,223 per prisoner per year would cost Alabama taxpayers $624,143...nearly 3 quarters of a million dollars.


I'll be headed to Moulton, AL again real soon. In the meantime please write a letter to the editor of the Moulton Advertiser expressing your outrage over this unacceptable treatment of Webster Alexander. editor@moultonadvertiser.com