—–O, Carl on 6/1/2013 1:51 PM wrote:
Do you think Hawaii’s failure to notify the DEA that marijuana has accepted medical use in treatment in Hawaii when Hawaii enacted it’s medical marijuana law in 2000 is a contributing factor to your situation?
Aloha. Good question. I remember asking Keith Kamita, Administrator of the Narcotics Enforcement Division of the Department of Public Safety, back when we passed the medical marijuana law in 2000, if he was NOW going to re-Schedule ‘marijuana’ since it was legally accepted for medical use HERE. He told me State of Hawaii scheduling was ‘tied to the feds’ and he would re-Schedule as soon as they did. I wasn’t happy with his answer as WE pay his salary, not the feds. Also, he’s the one person tasked by law with reporting any and all changes of our State laws to the Legislature every January to see if they need re-Scheduling. I don’t know if he ever did that part of his job description by reporting the change in law for medical marijuana to the Legislature.
Even our Governor, when asking the D.E.A. to re-Schedule to Schedule 2, didn’t TELL the D.E.A. that we already have accepted medical use in treatment for the last thirteen years. He simply ASKED them to re-Schedule it.
The State of Hawaii licensed me to legally marry people with “Cannabis sacrament”. It clearly implies that I’m allowed to grow or acquire it, to possess it, transport it and to distribute it … AT LEAST at weddings to our members. H.P.D. Vice Squad confirmed this with me face-to-face. These are the very same things I am / and we are being charged with by the feds. The very same things I’m allowed to do by the State of Hawaii. WTFlip?
Federal law Section “903, Application of State Law” says …
“No provision of this title shall be construed as indicating an intent on the part of Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this title and that State law so that the two cannot consistently stand together.”
Doesn’t that mean that the feds shall accept my State license and my authority to operate as a “Cannabis sacrament” Practitioner, licensed to administer a controlled substance in the course of my professional practice? That Congress had no intent to interfere with my State authority? It seems very clear to me.
Five members of the H.P.D. Vice Squad visited me at the THC Ministry in 2005(?) to tell me that they knew I had a special license and I COULD legally distribute Cannabis, “Just keep it private” they all told me.
I’m convinced that I qualify as a “Practitioner” under Hawaii Revised Statutes 712-1240. Why? Because I’m “licensed to ad-Minister a controlled substance in the course of my professional practice”, the very definition of a “Practitioner” under State AND federal law.
U.S. Supreme Court Associate Justice Anthony M. Kennedy said recently that “the ability to regulate marriage is the essence of state power”. Bingo! :-p
The 10th Amendment says that …
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
There is NO federal license to marry people; neither is it delegated to the United States by the Constitution; it’s a state function, the ‘essence of state power’, according to Kennedy. A state function and power that I have for life.
By the way, did you know that, at least according to the law library computer in here, the federal definition of “marijuana” is ONLY “Cannabis sativa L.”, NOT Cannabis Indica? As far as I know pure Cannabis sativa is rare these days. Most all the hybrids are Indica blends. I don’t know exactly what strain the D.E.A. confiscated from us, but it’s likely Indica. Can I go home now?
Do you know that Ed Kubo, the U.S. Attorney for Hawai’i under GW Bush told me face-to-face in 2001 that I “was good with him”, and “he had no interest in my THC Ministry and we could agree that his priority was going-after meth”? I had set-up a full table of THC Ministry information and products at his private ‘meet and greet’ for D.E.A. and F.B.I. and Prosecutors at Oodles of Noodles Restaurant in Kona soon after he was appointed to the position. I was the only ‘civilian’ at the private dining room meeting until my friend Jerry Rothstein (R.I.P.) arrived to check me out. I even had a big bowl of Cannabi shempseeds with a plummeria flower in it for all to see! And I handed Ed Kubo a custom-made THC Ministry I.D. card with a fresh-picked that morning Cannabis leaf laminated on the back. I was VERY CLEAR to Ed and he was VERY CLEAR to me. “All good”.
Do you know that he re-confirmed that “we’re all good” to me face-to-face in 2004 at a public meeting?
Do you know that U.S. District Judge Susan Oki Mollway told me on-the-record in 2004 in a SEALED HEARING (transcript available) in the case of U.S. v. Barnes that she knew all about the THC Ministry. She advised me not to testify as a witness in that particular case, but to “go home to Hilo and continue to educate people with my THC Ministry”?
Do you know that I called Hilo’s D.E.A. Agent Jesse Forney in April of 2004 at his office in the H.P.D. and got him to admit that he knew about me and he knew about the THC Ministry and that “we’re all good”?
If I’m to “tell the truth, the whole truth and nothing but the truth” … the jury should find us all NOT GUILTY in 5 minutes time, or less. And so it is and, God/dess willing so it shall be.
All the best to you,