I just received a rather interesting video from a very good friend of mine. In it, our President, Joe Biden tells us his current plan for dealing with the “issue of Cannabis”. At face value, Joe’s words sound quite promising. He seems to finally understand the hardship draconian Cannabis laws have had on the American public. It would be so easy to push back in my chair and spark up a congratulatory joint and proclaim that victory has finally come to the masses. Unfortunately, I’ve been involved in this crap all too many years. I’ve begrudgingly trained myself to look past the glamour and the sales pitch…to what it all REALLY means. As you might have guessed, it’s usually disappointing at best.
Beyond his words of “smooze”, which are basically a rehash of Kamala Harris’ VERY dangerous, MORE Act (follow the link – it’s not at all what they are saying that it is), Biden presents his “3 Steps to end this (Federal Government’s) failed approach (to marijuana)”.
Let’s take a closer look at “the steps”.
1. “Pardon for all Federal Offenses…”
“….For the simple possession of marijuana.”
Yeah. You probably caught that, or you should have. Right off, we know that there’s a “disclaimer”. A built-in way out for the Feds, much the same as we have seen in state Cannabis policy.
What is “simple possession”?
Interestingly, if you go to Google and type in “What is simple possession of cannabis?“, you get a whole slew of attorney websites addressing that very issue.
From Greg McCollum’s “Complete Legal Defense Team” website, we read that in South Carolina,
“For Marijuana, which is the most common form of Possession charge, and the only one actually designated as Simple Possession, the weight threshold is twenty-eight grams (one ounce) or less of marijuana or ten grams or less of hashish.
A first offense conviction of Simple Possession of Marijuana can carry up to thirty-days imprisonment or a fine between $100-$200.”
Attorney Sheryl Shane of Virginia Criminal Law states that in Virginia,
“Virginia Code 18.2-250.1 makes it unlawful for any person whatsoever to be in possession of marijuana knowingly and intentionally. However, an exception is provided where the drug was acquired from a medical practitioner with a valid prescription or in the line of his or her certified practice. Simple possession of marijuana charge applies when the amount you are accused of possessing is small enough to be used by any individual – usually lesser than 0.5 ounces.”
According to the “Marijuana and the Law” website, in Missouri,
“Simple possession of up to 10 grams, on a first offense, is a misdemeanor punishable by nothing more than a $500 fine. Subsequent offenses are punishable by up to a year in jail and $2,000 in fines.”
“Simple possession” seems pretty standard across the country regarding penalties. Of course, any penalty for Cannabis possession is unconscionable. Unfortunately, what’s even more horrific are the penalties for possession of more than the “simple amount”. Here in Missouri that means,
“The penalty for possessing between 10 and 35 grams is a year in jail and a $2,000 fine. It is a felony to possess between 35 grams and 30 kilograms of marijuana, and the maximum penalty is 7 years in prison and $10,000 in fines. Possession of this quantity has historically been considered as intent to distribute.”
Actually, these amounts would fall more in line with someone producing what is necessary for treating serious chronic and/or terminal illness. Cannabis oil requires a large amount of plant material in it’s production. Of course, these amounts fall well outside the forgiveness of both state AND Federal authorities.
So, according to Biden, if you have been convicted of a minor “simple possession” of Cannabis – a recreational amount – in a Federal Court – he’s going to take care of you. Of course, if you have been convicted for “simple possession“, chances are you probably faced charges in state court, so this probably doesn’t apply to you.
Thanks to the writers of Missouri’s current Medical Cannabis law and the upcoming Amendment 3, the production of life-preserving Cannabis oil is a felony for patients and caregivers struggling to combat chronic and terminal illness. So those for whom Cannabis laws were created, and they alone, are subject to the full extent of the law and its punishments.
Interestingly, you would be hard pressed to find Cannabis oil in ANY of Missouri’s or Colorado’s Cannabis dispensaries.
You know, erasing federal criminal records regarding Cannabis is awesome. Of course, one would have to expect that there would be conditions, as we have seen in the states… I can assure you, there WILL be limitations in amounts possessed at the time of arrest and if a vehicle or minors were involved. If that were to be the case, any claim of providing legitimate amnesty would be a sham.
2. “Calling on all Governors to do the same”
> Geez… calling on governors…in “legal” states to do what they are probably already doing at least in a lukewarm fashion… apparently so the Democrat party can take credit … hmm?
3. “Asking the Secretary of Health and Human Services and the Attorney General to initiate a process to review how marijuana is scheduled under Federal law”
So they want to investigate where Cannabis should be on the Controlled Substance List?…. I would certainly think 50+ years of senseless prohibition and persecution warrants AT LEAST a hard and fast answer.
Biden doubles down on his “escape clause” by finishing,
“Even while Federal and local marijuana laws change, important limitations on trafficking, marketing and underage sales should stay in place.
Its time that we right these wrongs.”
As I related earlier in this piece, I’ve heard most of this before. Some, I dare say, word for word. You can find it in the MORE Act, or as it’s also called, the Marijuana Opportunity Reinvestment and Expungement Act.
No doubt, NORML and the proponents of “Legal Missouri 2022” will be heralding this as an endorsement of their shoddy offering. In their similarity, they are both pushing faint attempts at quelling the rising public desire for REAL legalization.
Please, I beg you, READ my article on the Marijuana Opportunity Reinvestment and Expungement Act. You need to be prepared for the colossal avalanche of bullshit that will be flowing threw social media and cable TV. Believe me, the profiteers will be banging this drum loudly here on out!
To see what REAL legalization MUST look like, checkout my article, “Cannabis Restoration, Plain and Simple”.
“Cannabis is nontoxic. Cannabis is food. Cannabis is the single most important medicine of the 21st century.”
