Alabama Should drug test lawmakers, not Medicaid patients

I had a great LTE printed in today's BHAM News

Alabama Should Drug Test Lawmakers, Not Medicaid Patients

And some very surprising and supportive commentary follows. Please read and leave a comment on al.com

ANTISEC Destroys Some Alabama Law Enforcement Servers

Boy oh boy I'd give a lot to see what they got from the following Alabama LEO servers; especially the Alabama Sheriff's Association and Talladega Sheriff's Office.

Alabama Sheriffs

Cherokee County Sheriff

Cleburne County Sheriff

Randolph County Sheriff

Talladega County Sheriff

The entire list can be read here

Favorite Music Moment Ever

Damn you Auto Correct

Oh the trials and tribulations of auto-correct on cell phones. Mine usually inserts the word SEX into my texts.

However, thread at Damn You Auto Correct is not only one of the most hilarious things I have ever read....it makes my cell phone's insertion of the word SEX seem incredibly tame by comparison.

A MUST READ!

Shouldn't Drug Court be for Drug Users?

Not in Shelby County, Alabama, apparently.

Hardly a week goes by that I don't get an email from some unfortunate person who has had a run-in with the law in Shelby County, and as a result, are being forced into the Shelby County Drug Court program. A few months ago it was the forced drug testing of parents with kids enrolled in the program. Today, it's something even more sinister.

Over the weekend I got an email from a woman in Atlanta about her current ordeal involving Shelby Co. Drug Court. Here is what she had to say;

Ms. Nall I have learned a lot about you in my research. I, too, am fighting a case against the Shelby Co. Drug Court. My case has now been moved to district court. I was arrested at a rock concert after someone passed me a joint, I'm not a smoker, so passed it on. Regardless, I was arrested along with the group around me. And although I haven't failed a drug test in Shelby Co. Pre-trial probation, and my arresting officers report says he saw me pass it, not smoke it, the DA refuses to drop my charges. At first the public defender tried to get me to make a deal. If I would just plead guilty, go through the drug treatment program, they would drop my charge. But I do not feel that I am guilty of anything,but being in the wrong place at the wrong time, so thats when I got a lawyer. In circuit court, they offered me to either go through the treatment program (without dropping charges now, b/c I won't admit guilt)or 2 years unsupervised probation w/risk of 90 days in jail. I refused that as well, and now we are going to district court. I didn't mention, I live out of state, so I cannot tell what a hardship it is for me to drive 4 hours one way to take a drug test 3-4 times a week, b/c they refuse to transfer my probation, which I am sure is b/c they will lose my money. But they are about to lose a lot more than that, cause I am determined to fight for my innocence, and my rights as an American. I have grown-up believing that you are innocent until proven guilty, but not in Shelby Co. Alabama. I have had to do everything to defend my character, now the prosecutors are trying to prove that the music I listen to proves that I am a likely drug user, yet they have no evidence. They didn't find any drugs on me and I haven't failed a drug test. They are charging me with constructive Possession (which means I had knowledge of the drugs around me), which has the same punishment as if they found a pound of marijuana on me. I have done a lot of research on the Shelby Co. drug task force and court system. There budget was cut in half at the beginning of the 2011 fiscal year. There director stated that they would whatever possible to maintain their program. Well, I am the example of that. They will charge anyone for anything, because most people will crumble and take their deal, b/c believe me they make it sound like its your only option. The public defender also tried to sell me on what a good program this was, and if I did good in it, I get promoted more quickly.

I never thought that what others were doing around me would affect me. I don't know anyone who would think to themselves, even though I paid for these seats, maybe I should leave my seat or venue to avoid breaking the law? As far as proof, I took my first drug test 6 days after my arrest, and the fact that on the date of my arrest I was 13 weeks and 6 days pregnant, which I also provided doctor documentation in court. It seems to me that there is no way in hell they are going to simply drop my charges. In the meantime, the judge has dropped the pre-trial probation testing, so I don't have to be back there till my district court date. And the only reason I won't just take the drug court is because they refuse to transfer it. It sounds great to me to jump through hoops for 6 months to get rid of all this. But I live 4 hours away.It is a 9 hour round trip for me to wait an hour, pay $30, and piss in a cup. Not to mention I have made the drive twice to meet with my Pre-trial Prob. officer, for her not to show up, and the other time she had a scheduled holiday, yet she set these appointments, and I got fined for missing the appointments. I own a business. It is a major inconvenience, (which is really all the program is designed to be)for me to leave my business unattended 3-4 days a week. It cost my company money, not just me, and we all know its near to impossible to keep a small business thriving these days. I have also used the business argument. I am a thriving member of society; I have a college education (from the state of Alabama). I have hired 6 employees since the new year. I am providing jobs therefore boosting the economy. The more I see how people are treated in Shelby Co. drug court system and the more I hear their testimony, the more I am convinced that there is something wrong with this. Not once have they ever asked me about my drug use or if I need help. They have never offered me a real treatment program. Its piss when your color is called, and pay $30 for your PO to ask you if you are still employed, have same address, or anymore charges. All they do is break people down by dehumanizing them. You need drugs after dealing with those people. I can go on and on about the people employee in the community corrections department. BTW, they don't take debit/credit cards, cash only. There is fine of $20 if you don't have correct change, nor are you allowed to leave to find some place to make change for you. Learned that the hard way my first visit. Its all about making a dollar by any means.

My husband got transferred back to drug court after circuit court, since our lawyer said he didn't have many alternatives left, which I don't think is true. She advised me to continue fighting since they don't have any evidence, but an officers account, but I am not happy with her results. She originally told us she could get my charge dropped, and my husband would just pay a fine, but obviously that's not the case in Shelby Co., and every week she sends us another bill for $500 and I'm not sure what I am even paying for anymore. Can you recommend a lawyer? Someone that may have a personal interest in fighting for a case involving a simple possession (.03 grams found on the ground in front of us), as well as someone who wants to stick to to Shelby Co. dehumanizing court system.

There are obviously a lot of unconstitutional practices going on in Shelby County. As well as some corrupt officials. And someone finally needs to challenge them. I can send you all information public records, and accounts I have found. I will be glad to share more details about my case as well. I want to get the word out about what is going on in Alabama.

So, a patron from out of state wishing to spend money in Shelby County's economy instead gets arrested on a drug related charge, of which there is NO EVIDENCE, and is forced into drug court even though there again there's NO EVIDENCE that this person uses drugs? How about that? Oh, and the concert she was attending was "Widespread Panic". Seems like every time Widespread Panic comes to that area the cops bring out huge buses and about half the crowd are undercover pricks intent on filling those buses with people who spend money in their town. Brilliant!

Now, correct me if I'm wrong, but isn't drug court supposed to be for people who actually use drugs? I disagree with the drug court BS altogether. It is nothing but a money racket that mainly focuses its resources on cannabis consumers (because there are more of us than all other illicit substance users combined and therefore a larger pool of money for them to extort) as opposed to people who have actual drug addictions...say meth addicts for instance. And in this instance the person wasn't using drugs and has passed all drug testing, so there is no evidence of drug use of any kind. So, why is she being forced into drug court?

According to the Shelby Co. Drug Court website Drug Court is an alternative to the traditional court process. In Drug Court, intensive treatment, rather than incarceration, is used as the primary means of coping with drug use, abuse, and addiction. The Program is designed to keep qualified applicants as contributing members of society rather than requiring society to incur the costs of jailing or imprisoning these applicants. Through Drug Court you will receive treatment, specifically designed for you, intended to resolve the issues that brought you before the Court, as well as intensive supervision and interaction by the Court and Drug Court team.

Under those terms this lady does not qualify for drug court because she 1) Doesn't use drugs and therefore is not addicted or abusing drugs 2) She is already a contributing member of society because she is a business owner from out of state 3) Doesn't need treatment (which they don't offer anyway because there is a horrendous lack of treatment space available in Alabama)

By forcing her into this sham they will prevent her from being a contributing member of society by breaking her bank account, placing outrageous hardship on her business and taking money from her that she would likely use to care for her child. They want to make her become dependent on the state so they can turn around and say, "Look how drugs destroy your life....". In other words they make it a self-fulfilling prophecy like they always do.

Another thing that jumps out at me is the bit about being charged an extra $20 for not having correct change and not being allowed to run across the street and get it. I wonder if that is in any of the handbooks or paperwork they give those forced into participating, or if they just spring it on you once you are captive in their court? If I were a betting gal I'd put my money on the latter. Sounds to me like maybe someone in the drug court system has found a way to skim off the top.

As I said before I completely disagree with drug courts altogether. It is nothing but government sanctioned extortion. If you run out of money while in drug court you go to jail anyway. If you make mistakes in drug court you go to jail anyway (and true drug addicts will backslide....it's part of the process). If you don't have money then you never have the opportunity to participate in drug court and that right there is illegal. It is unequal access based on your bank account. Having said that it seems to me that if drug courts must exist then they should be used to address the most serious cases of addiction. Not cannabis consumers and certainly not business owning concert-goers who weren't using drugs at the time of arrest and for which there is no proof that they have ever used drugs. I think this lady is a target for drug court because Shelby County has decided that she has money and they want it.

I also think she can beat the charges. Generally, once they see that the person who they have targeted for their extortion practices intends to fight back the charges will disappear. I am trying to help her find a better lawyer. Stay tuned for developments. If you are in Shelby Co then write your representative and senator and demand that they put an end to this nonsense. Use this new report from the Drug Policy Alliance on the ineffectiveness of drug courts to make your argument.

Drug addiction is a health issue

by our readers Anniston Star

Jul 10, 2011

Re “Drug task force to begin operations in Clay County” (News article, June 30):

I read this article with dismay. Will law enforcement and the public never learn that our approach to drug use has failed and will continue to fail so long as we insist on treating drug use as a criminal act instead of a health issue?

The “drug war” started more than 40 years ago under Richard Nixon, and in that 40 years more than $1 trillion has been wasted. And for what? Has drug use dropped or ceased altogether? No. Has arresting and incarcerating adults for minor drug offenses stopped others from using drugs? No. Has the drug war made acquiring drugs difficult? No. Has the drug war stopped drugs from coming into or being produced in this country? No. Has the drug war increased the price or decreased the purity of drugs available? No. Has it kept drugs out of the hands of children? Certainly not.

It has created the horrific prison overcrowding we see in Alabama. In our prison system, which was built to hold about 12,000 people, we are running at 195 percent capacity with nearly 30,000 inmates. The state Legislature refused to address this issue in this last session, so now the federal government is coming in to take it over. It has created a police state where everyone is a potential suspect. It has created no-knock, SWAT team raids on the suspicion that someone might have a couple joints in their home. These raids place everyone involved, police, suspects, kids and family pets in extreme danger.

People who are addicted to a substance need no additional help in further complicating their lives. Addiction is a private family matter and should be treated as such. Imagine if we had alcohol task forces who went around kicking in doors, throwing grenades, and imprisoning everyone who liked to occasionally drink a beer?

Enough already.

Loretta Nall
Alexander City

Read more: Anniston Star - Drug addiction is a health issue

Goat Electric

Check out this new blog Goat Electric

Interesting connection between Chrissie Hynde song "Back on the Chain Gang" and the News of the World scandal.

Also hilarious online vote to make Georgia tags look like a horses butt.

Back from Lu-Z-Anner

(NOTE:) I started this post about two weeks ago and only just now had time to finish it up

I've just returned from a short trip with my friend Christie to New Orleans where we attended the Southeastern Republican Leadership Conference and voted in the Straw Poll (GO RON PAUL GO!!)

Well, actually, the only reason we went was to vote in the Straw Poll for Ron Paul...because, really...who wants to hang out with a bunch of anti-fun, pro-war, anti-choice, anti-equal rights, bible-thumping, asshole Republicans who do stuff like this for shits and giggles? Not I. And especially not in New Orleans...the party capitol of the South. I keep thinking since most Republicans are against all of the extravagant debauchery that is New Orleans...why did they choose that city for the conference? And the answer is....drum roll...........they are just like everyone else only they lie about it. I saw a number of them on Bourbon Street that weren't wearing red badges (the colored badges of Ron Paul supporters). They want to control what the rest of the country does but not adhere to the same laws and principles.

Now, I've been to New Orleans twice before and both times it was in the winter and the temp was comfortable. This time it was summer and there is only one word to describe the hot jello like heat in the middle of June in New Orleans Louisiana....HELL. I really don't see that hell could be much hotter. It was fucking MISERABLE. I fully understand why NOLA has one of the highest per capita murder rates in the country year after year.

The heat.

If I had to live there I'd kill everybody. I only thought it was hot in Alabama. Let me tell ye...we ain't got jack on New Orleans. Or Mississippi for that matter. I'll get to Mississippi in a minute. No wonder monster storms that spawn F5 tornadoes always come out of Mississippi. GAWD!

Anyway, on the trip down I drove and we took I-10 through Mobile. Just outside of Mobile we hit a monster storm with wicked lightning and hail the size of marbles. I flinched every time one hit the windshield. Many people pulled off the interstate onto the shoulder....which is a totally dumbass thing to do. If someone hydroplanes then those people on the side of the road are going to get smashed. I simply slowed down to about 15 mph and turned the flashers on. I hate driving in rain like that as much as the next person, but if I am on the interstate then I will find an exit to stop at...unless it's on 59 in Mississippi, in which case there are no exits.

Once we got to New Orleans and got checked into the hotel (Never, ever, ever stay at the Hilton Riverside...they want $8 an hour for internet access in your room, and they charge $34 for overnight parking after they have charged you over $200 for the room) we took a little while to cool off and collect ourselves. Then we went out on the town. And yes I did take my 14 year old daughter down Bourbon Street. We stopped to eat on the Riverwalk next to the hotel. The service sucked. There was hardly anyone there and yet it took forever to get our food, which wasn't very good. However the tubs-o-liquor they were selling were tasty indeed. Christie and I both got the 32 oz pina colada. The waiter tried to sell us the 70 oz barrel version for $20 each with a promise to refill it for $10 the next day. He even tried to sell Bell an alcoholic beverage after she asked for root beer. Didn't ask for ID. And wouldn't have. We declined. I'm not much of a drinker, myself. However the frozen 32 oz pina colada hit the spot. I would'a dove in that sucker if the cup had been large enough.

After that we walked a few blocks to Bourbon Street to check out the many sights and sounds. Thank whatever deity you believe in for the overpriced gift shops that line Bourbon Street. They blast out the air conditioning to lure people in. I don't understand how, even with the horribly overpriced merchandise, they can afford what has to be a massive power bill. But goodness it feels soooooo good. We would have had three medical emergencies on our hands had it not been for the air conditioning. It was that hot. I don't understand how people live there. We were so drenched and exhausted by the end that we took a cab the few blocks back to the hotel.

The next morning we met up with a gentleman who directed us upstairs to register with the Ron Paul folks and vote in the Straw Poll. Unfortunately we missed all of the festivities with Dr. Paul the day before because we arrived late. I have had the opportunity to meet him before on a trip to DC. He is incredible.

While waiting in line to vote in the straw poll Christie, Bell and I were given tri-fold brochures promoting the sponsors of the event. Most of them were innocuous enough, selling media services, campaign websites and consulting ect....but one really jumped out at me...the gay bashing ad which stated, "Two dads can never replace a mom." Now, there are loads of gay people in the Republican party (don't ask me why). The former chair of the RNC came out as gay recently. Then there is Mark Foley, Larry Craig and God only knows how many other in the closet members of the Republican party. And yet one of the main sponsors was anti-family because they would rather a kid grow up in an orphanage, be passed around from place to place, be abused by religious whackos and thrown away than to allow two people, who happen to be the same sex to raise a child in a loving, caring home. Jeez I hate Republicans. They are such hate-filled ass wipes, hypocrites and control freaks. Not that Democrats are much better. But at least there is more acceptance and less hate with the D's.

I threw my brochure away. And then washed my hands...with lots of soap and hot water. I say as long as you are a consenting adult and you aren't hurting anyone else then what you do is your damn business and the government has no right to control it or interfere in it in any way.

After we voted in the straw poll we loaded up and headed back to Bama. We decided to come back on 59 through Mississippi since we were staying with Christie for the night just outside Tuscaloosa.

I-59 through Mississippi is the most desolate place on the face of the earth. I thought 65 South between Montgomery and Mobile was desolate and devoid of human life. Let me tell you.... 59 in Mississippi makes it look like a burgeoning metropolis.

Once you cross the state line into Mississippi there is like absolutely NOTHING. No exits, no gas stations, no rest areas with bathrooms, no humans, no nothing. Not even any road kill.It was creepy. I kept wondering how in the hell people get around Mississippi and where in the hell they lived and how one would get there and why there was even an interstate? I mean you'd ride 90 miles in between exits (all 2 of them) and occasionally in the middle of that 90 miles you'd see a neighborhood off to one side of the interstate or the other....but absolutely no way to get there, save driving down a damn embankment. I'm still wondering how one would get to those homes from the interstate. And if you broke down there would be no way for a wrecker to get to you without coming from 100 miles away in either direction. You'd be absolutely screwed...and baked to death by the brutal sun long before anyone got to you. It's like driving through the damn twilight zone.

And the ride itself was terrifying. Now, I love my friend Christie to death....but her driving scares me to death. I drove us out of NOLA and she said since I drove down she would drive back. This was the first time I had ever ridden with her. And on any future road tripping I will volunteer to do all driving. To be fair everyone's driving scares the hell out of me. I'm an incredibly careful driver. I've had one accident (which was caused by a hellacious thunderstorm). Since then I have not be comfortable riding with anyone. If I am in a vehicle I want to be behind the damn wheel. End of story. But I was tired and decided to be a passenger for the ride back.

No sooner had Christie taken the wheel than she began to fiddle with the cd player, the stuff in the floor, her drink etc. While talking to me she ran off the side of the interstate and hit those ridges meant to wake up sleeping drivers. I dove for cover. A few minutes later she did the same thing on the other side. I dove again. Then I told her if she did it again I was driving. And she did it again. Problem was there was absolutely no where to pull over and give me the wheel. We didn't switch places until we crossed back into Alabama. It was the most terrifying ride of my life. And it all happened at the light speed of 80 miles an hour. It's funny....the other day she sent me a text message saying she was on her way to the Dr. and that her mom was driving and that she was scared to death because of it. I wrote back that if her mom scared her then I couldn't imagine how bad her driving was :) It must be genetic.

So, here is my advice to anyone traveling to NOLA and back through Mississippi on 59. Go in the winter. The summer heat will nearly suffocate you. Get your windows tinted to keep from being baked alive in your automobile. Fill up the tank of your vehicle before setting out across 59....otherwise you will be stranded and dead long before anyone gets to you. Have a good spare tire and know how to change it. Take food and water and an empty jug to pee in cause your ass ain't stopping on 59 to pee or get gas or food or anything else for that matter. There isn't even any roadkill to bbq in case of an emergency.

Despite all my snarkiness in this post we actually had a lot of fun. It was great to get out of the house for a few days and see the sights and sound of New Orleans. The ride down was beautiful. Many thanks to Christie for inviting us along on her dime. She is generous to a fault and one of the best friends I have ever had.

Federal Marijuana Legalization Bill Introduced in US House

Yesterday Rep. Ron Paul (R-Texas...Go Ron Paul Go!!) and Barney Frank (D-Mass) introduced a bill in the House Judiciary Committee that would remove marijuana from the schedule of controlled substances and leave it up to the states to regulate.

Marijuana bill introduced in US House

HB 2306 is not yet available on THOMAS the congressional website similar to our ALISON.

Already the chair of the House Judiciary Cmte., Rep. Lamar Smith is rattling his drug war saber, saying that he will not put the bill on the calendar. Sound familiar? He also said a bunch of other backwards thinking nonsense in his dismissal of this much needed legislation.

I need you to do two things.

1) Contact Rep. Lamar Smith's Office in Washington and demand that he give this bill a fair hearing. Here is his contact information. Go to link below to email him and please also give him a call. Pass this along to everyone you know.

Rep. Lamar Smith
Washington D.C. Office
2409 Rayburn House Office Building
Washington, DC 20515
202-225-4236

2) Go HERE to send a letter to Rep. Lamar Smith and your own US Rep. asking them to support this bill. Pass this along to everyone you know.

We are fast approaching the majority in this country. They cannot deny the will of the people forever. Make sure your voice is heard.

Books you HAVE to read

If you like to read and especially enjoy Southern Humor then by all means check out the following books by John Pritchard..."Junior Ray" and "Yazoo Blues". My friend Marc Emery sent these to me after he finished them at the federal prison in Yazoo City and I have laughed so hard I've come close to having an accident. For your convenience you can purchase them from Amazon by clicking the links below.

Reading these books has inspired me to collect all the funny essays I wrote during and after my campaign for Governor and self publish them. Who knows...I might make the NYT best sellers list.

Found!

The miracle of all miracles happened yesterday when we found our beloved Scout!

Bell and I had gone to the store and on the way there she talked about how she had not been sleeping well since Scout went missing because of nightmares that whoever had her was fighting her or abusing her in some other way. I had asked her a couple times if she would like to get another dog but she declined saying that would be like replacing one of her parents should anything every happen to us.

On the way back from the store we decided to go down an out of the way road where we hadn't looked before. We found nothing. Then as we pulled into our driveway my neighbor from about a quarter mile up the road pulled in behind us and I asked him if he had seen our puppy. He said, "The brindle pit bull with a black collar?" and we showed him the flyer and he said, "Yep that's her....she's been at the house for over a week."

What's strange is that I had stopped by his place three times but was too afraid to get out because he owns about 4 large pits and his truck was never there. I never saw Scout out in the yard with the rest of them so I didn't figure she was there.

We jumped back in the truck and went straight over there and as soon as Bell opened her door Scout leaped in and started loving her to death. Scout was a little worse for the wear. Much skinnier and flea and tick infested because her flea and tick pill had worn off while she was gone....but she was otherwise ok. Neighbor said he had wormed them all last week.

We brought her home and the first thing she did was bound in the house and steal Saul's rawhide bone and hop on the couch. She is such a turd. Bell and I gave her a long bath to rid her of bugs, fed her lots, loved on her for a long time and the first thing she did when she went back out was steal some goose eggs, which seem to be her favorite food.

Saul was so happy she was home I swear he smiled. I took him out to play with her in the fence and they had a ball....although she is a tad more snappy than she was before she left. I guess having to fend off three or four other large pit bulls for two weeks brought out the worst in her. But, I'm sure she will settle down in time and once again become the sweet baby we know and love.

Bell went to bed early last night and slept well. In fact, she is still sleeping.

I can't figure out why she just didn't come home. The neighbor's where she was hiding out is like a quarter mile from here and surely she knew the way. But, who knows the minds of dogs? We are just ecstatic that she has returned unharmed. We will be reinforcing the fence so that miss Houdini stays in her own yard from now on.

Lost

LOST NEAR PEARSON CHAPEL ROAD AND BICE CEMETERY ROAD ON MAY 27. ANSWERS TO SCOUT. WEARING BLACK COLLAR.

BELONGS TO A VERY SAD LITTLE GIRL AND A GERMAN SHEPHERD WHO MISS HER VERY MUCH.

IF SEEN PLEASE CALL 256-625-9599 OR 877-528-5647

$$$ REWARD OFFERED $$$

NO QUESTIONS ASKED

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.