Mar 082016
 March 8, 2016

grants pass marijuanaI know from first hand experience that some of the best cannabis growers on the entire planet live in Grants Pass. I spent a decent amount of time in GP, and it’s a beautiful place to live. However, there are some harsh rules being enforced there. A legal battle is being waged, and a legal fund has been setup. Please donate if you are able. Below are the details, via the effort’s GoFundMe page:

Judge Wolke ruled against us and for the city. We will appeal. Please donate and encourage my attorney, Andrew DeWeese, who was kind enough to take this case without a retainer. He has been paid what has been raised here and personally; I still owe $2000 before the appeal.

There is plenty of error in Judge Wolke’s ruling to appeal. He sent his ruling on a pdf, printed in gray, so I took the liberty of transcribing it onto my blog, with a link to the original document at the beginning for comparison. It was not easy to get it all exactly right. In the end, I went over it by partial sentences, reading it aloud and comparing it to the printed copy piece by piece, finding little errors and one big one. You can read it here: http://gardengrantspass.blogspot.com/2016/03/judge-wolkes-ruling-in-my-lawsuit.html

Then I took that copy and built my answer all through it, interjecting my comments refuting his errors of logic and law: http://gardengrantspass.blogspot.com/2016/03/answering-judge-wolkes-ruling.html

It’s more like notes than a legal brief, the writing of which I am happy to leave to Mr. DeWeese. These notes are for his benefit and yours.

Below is a message that Andrew DeWeese posted on Facebook earlier today:

We sued Grants Pass to overturn an ordinance prohibiting home growers from growing their four plants outside, within the city limits. Yesterday, the court granted summary judgment against us, reasoning that home growing of four cannabis plants disqualifies home grown cannabis from being considered “nursery stock” under Oregon law.

We believe that how a particular plant is used or grown – i.e., commercially, medically, or non-commercially – is not determinative of that plant’s classification under Oregon agricultural law, and we intend to appeal the Court’s ruling.

Now we need your help to free up the weed in Grants Pass. As of today, the amount of money raised is a fraction of our anticipated fees and costs through appeal. If you are interested in contributing, Rycke has put up a GoFundMe site, here: https://www.gofundme.com/HomegrownDefense. Thank you to everyone who has already contributed, and feel free to share this post.

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  5 Responses to “Support The ‘Homegrown Defense Fund’”

  1.  

    Since I am still studying the entire Marijuana laws and regulations I do not know, but believe that this is a very local decision that has precedent setting issues in a larger venue regarding in the rights for Marijuana users, especially Medical Marijuana users who NEED the endocannabinoids, to grow there own plants for personal use.
    I live in rural NY State, and thanks to the obvious nonsense called the NY State MMJ legislation as generously crafted by the NY Assembly but edited and virtually destroyed by Governor Cuomo, I have virtually no access to MMJ. I am fully qualified to have an MMJ permit for use due to the severity of my health and I am a very vocal advocate for the legality of the growth and use of small amounts of home grown Marijuana plants. It is difficult, if not virtually impossible, for me to travel to any future doctors and clinics to obtain the MMJ permit. As a citizen of NY and the USA my belief is that I should be able to grow a few Marijuana plants in the privacy of my very rural and private home for medicinal value in addition to the few pharmaceuticals I am prescribed and will take.

    We live in a time in which the government takes precident over the pursuit of health, happiness, life and liberty of the individual. I abhor the overreach of our federal and state governments, and would like to see the individual rights of my fellow citizens returned to them.

    Any legal actions which serve to block the individual from activities that are neither harmful to themselves nor others (unlike alcohol and tobacco) are illegitimate and unconstitutional. I suffer daily because the State and Federal governments unfairly abuse their priveleges in continuing this ridiculous prohibition of Marijuana.

    To repeat, I suffer every day unnecessarily and unconstitutionally because of the above stated prohibition of Marijuana. This is an abominable overreach by the State and Federal governments and is unconstitutional.

    It seems that the judge ruled the way he or she did for the benefit of the monetary and profit interests of the Government and not based on any Constitutional legal issues. To overturn this decision would set a precedent that could blossom to push the Courts to begin changing the way they can view and control the personal growth of small amounts of Marijuana.

    I want to express my admiration to The Weed Blog, Johnny Green, and all the advocates for legal and unfettered access to Marijuana for their tireless work to bring sanity back to our elected officials.

    •  

      Well said, and infuriating to read of how your right to life, liberty and the pursuit of happiness is being destroyed by the government. It’s degenerate enough that the right to enjoy cannabis is being trampled on, but bans on medicinal cannabis are pure barbarism, and the hands of the people responsible are drenched in innocent blood.

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        Thank you saynotohyocrisy. It is obvious that “our” government has been sold to those capable of the being highest bidders. I am reading a book that is blinding in its exposé as to the real roots of the war on Marijuana. The title is “Chasing The Scream – The First And Last Days Of The War On Drugs” by Johann Hart. It is a well documented exposé on the reasons for how the war on drugs started and it is almost painful to read who, how and why Marijuana madness was introduced to a blind and foolih public. To have this nonsense continue into the 21st Century is a very real condemnation of those We The People allegedly have elected to represent us. It is a fascinating, easy but upsetting book to read. It seems We The People have lost Our government to the politics of greed. If you have time and have not read it you should educate yourself on the hideous nature of the segue from the Alcohol Prohibition to the perpetration of the most illegitimate Prohibition beaurocracy that is the war on drugs.

  2.  

    Thank you, Johnny Green, for sharing this post and Mr. Deweese’s comments. You are truly appreciated.

  3.  

    Hello again Johnny Green, S.O.S.! Thank you for getting the story out. We here in Vermont are fighting against a prohibition on home grow. I ask you to take notice of our plight and give all assistance. We are fighting hard but loosing ground to big pot!

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