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Nolle Prosequi - A Blawg For Heads


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#61 Digital Phoenix

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Posted 07 October 2017 - 10:25 PM

The lesson taught by all these facts is this: As long as mankind
continue to pay “national debts,” so-called – that is, so long
as they are such dupes and cowards as to pay for being cheated,
plundered, enslaved, and murdered – so long there will be enough
to lend the money for those purposes; and with that money a plenty
of tools, called soldiers, can be hired to keep them in subjection.
But when they refuse any longer to pay for being thus cheated, plundered,
enslaved, and murdered, they will cease to have cheats, and usurpers,
and robbers, and murderers and blood-money loan-mongers for masters.

- Lysander Spooner (1808–1887) was a lawyer, writer, entrepreneur,
and libertarian activist.


I agree with his overall message(I think...I didn't read a fraction of it even @ 40+ pages and found this a few paragraphs above your posted quote) as it is the same as mine however we disagree on the mechanism to achieve our end/s.

I've got some reading to do...as usual. Thanks August...you know how to distract me for a few days... :tongue:



#62 August West

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Posted 07 October 2017 - 11:21 PM

If you want it read to you...;)

Matt Pritchard is a good narrator

https://mises.org/li...on-no-authority
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#63 tailsmcsnails

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Posted 10 October 2017 - 09:22 PM

I was sure that I saw the original story here, but now I can't find it.  Just thought I would post this update to the story I can no longer find...here.

Utah police officer who handcuffed, dragged nurse in video fired

http://abc7chicago.c...-fired/2517160/



#64 Alder Logs

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Posted 11 October 2017 - 12:07 AM

I was sure that I saw the original story here, but now I can't find it.  Just thought I would post this update to the story I can no longer find...here.

Utah police officer who handcuffed, dragged nurse in video fired

http://abc7chicago.c...-fired/2517160/

 

 

Try this: https://mycotopia.ne...19#entry1333065


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#65 Sidestreet

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Posted 19 January 2018 - 07:23 AM

been a while...

 

"How Social Media Giants Side with Prosecutors in Criminal Cases"

 

From the Marshall Project

 

https://www.themarsh...er-20180115-930

 

 

 

You probably would not be surprised to learn that Facebook, Twitter, Instagram and other social media companies readily hand over their customers’ online content to cops and prosecutors who come armed with a court order or search warrant. But you may be surprised to learn that lawyers for those same social media giants say a federal law forbids them from sharing similar information with defense attorneys looking to help their clients.

 

The conflict is coming to a head in a California case that will test whether the law — the Stored Communications Act — conflicts with the constitutional rights of criminal defendants. The law, which was passed in 1986, bars companies from “knowingly” sharing information with anyone but the sender and the intended recipient.

 

The California Supreme Court is poised to hear arguments that come down to defining “privacy” on social media, a platform that was never considered by the authors of the federal law and is by its very nature public. Companies argue that defense attorneys should get the information from the government, which can obtain a court order to secure it, or better yet, from the people whose accounts they want to mine. Defense attorneys argue that no one should have to jump through those sorts of hoops to get a fair trial.

 

More at the link above.

 

I remember hearing about Facebook's response to one prosecutor request.  Apparently they gave up reams of information, so much so that the prosecutors were having trouble digging through it all.  That would almost be a benefit to the defense, except the court ended up giving them all the time they needed to get through it.  It was probably some tiny benefit to the entire county's defendants, as it probably gummed up the works a bit.

 

I used to frequent some of the psychedelic groups on FB but it just got to be too uncomfortable.  Even with a VPN I'm concerned that they would have no problem with identification.   Check out this article on how they suggest "people you may know":  https://www.theguard...on-data-not-now

 

Any net wizards have any thoughts on "true" anonymity on social media?



#66 Alder Logs

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Posted 21 January 2018 - 08:50 PM

Trump Expands Empire's War on Protests in US

 

[Direct Link]



#67 Sidestreet

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Posted 23 January 2018 - 07:41 AM

If a few people in a crowd breaking windows can result in an encirclement and mass arrest, then it would be pretty easy to plant a couple of vandals in a crowd and get the whole crowd neutralized...

 

Not that I think that's what happened here.  But rioting laws make it easy for police and prosecutors to claim that any demonstration in which a few people damage property is a riot:

 

Here's the federal statute:

 

 

(a) Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including, but not limited to, the mail, telegraph, telephone, radio, or television, with intent—

(1)
to incite a riot; or

https://www.law.corn...de/text/18/2101

 

 

A riot is defined as:

 

 

(a)As used in this chapter, the term “riot” means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual

 

 

So even if one person in a group of thousands breaks a window, the whole crowd can theoretically be called a riot and arrested.

 

If you're trying to carry on a peaceful demonstration and you care about your people, DON'T BREAK SHIT.  You might hurt someone who doesn't want or deserve it.

 

Don't think I forgot about the police, though.  This was an unnecessary suppression of free speech.  I wasn't there, but if they had eyewitnesses they could have waited until they had more police (which they did) and then pick off the offenders, rather than arrest a whole crowd.

 

And then there's the fact that they charged people with crimes that carry potential decades of punishment, which is done whenever possible to make sure nothing goes to trial.


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#68 Alder Logs

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Posted 23 January 2018 - 11:48 AM

Agent provocateur is an age-old tradition amongst governments' goon squads, ever since the Pinkertons were nationalized into today's FBI.


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#69 Sidestreet

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Posted 03 November 2019 - 07:05 AM

New Federal Hemp Rules for Businesses

 

The USDA issued a new rule just a few days ago regarding the commercial production of hemp country-wide.  The rule regulates the new industry and will play an important role in the appearance of U.S. hemp products on the market.  Until the passage of the 2018 Farm Bill last December, hemp was still a controlled substance.  Though it doesn't take the sorely-needed step of legalizing or decriminalizing marijuana for consumption, the Farm Bill represents real positive change.  I think most people here are already familiar with the myriad uses for the cannabis plant, even without the THC.


 

For Mycotopia's purposes, I don't think we need to dig too deeply into the 161-page document, but here are a few things you might find interesting:

 

 

Potency and Lab Testing

 

The regulation requires that each hemp crop be submitted to a USDA-approved lab for testing, to make sure that there are legal levels of THC present.  The legal amount of THC for hemp is 0.3% or lower, which is so low that it's apparently difficult to find genetics for plants that will produce it.  While this will be a problem for producers, breeders are going to be able to patent their genes and presumably make a shitload of money.  The same thing will presumably happen with full-potency cannabis when federal legalization arrives, so I hope you dedicated breeders are reading up on how to get your own patent!

 

The testing process involves post-decarboxylation or other processes that convert THCA into THC.  USDA wants hemp to be tested not only for THC, but all potential THC in the plant.  Any crop with more than the allowed level of THC must be destroyed, because it is a schedule I substance.  The producer receives a "negligent violation," a three of which in a five-year period will result in the suspension or total revocation of the grower's license.  If the grower is found to have produced such a crop with a more-than-negligent mindset (e.g. reckless or intentional) the USDA can immediately revoke the license and the grower could face criminal charges.

 

Interstate Transportation

 

The USDA rule provides for the transportation of hemp across state lines, even if a given state has banned the production of hemp within its borders.  The federal government can do this under the doctrine of preemption, which is the idea that the federal law is the "supreme law of the land" and state laws generally can't contradict it.  As for the question of whether a state can ban hemp within its borders, that's unresolved.  The State of Indiana attempted to ban "smokable hemp," but a federal judge recently granted a preliminary injunction preventing the state from enforcing it, based on the principles of federal preemption.  You can read that ruling here.  The ruling is temporary and only affects Indiana, but could eventually lead to appeals that have a wider impact.


 

Public Comment Period

 

The USDA has opened the new rule for public comment until December 30.  This rule only lasts for two years, at which time they'll create a more permanent one.  Therefore, this is a good time to try to influence the way things are done going forward.  You can submit a comment here.


Edited by Sidestreet, 03 November 2019 - 01:07 PM.

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#70 Sidestreet

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Posted 17 November 2019 - 08:24 AM

Reminder: Magic Mushroom Spores are Legal...Except When They're Not

 

 

Based on comments that I saw on the boards recently about interactions with spore vendors, I thought that now would be a good time to review the legality of spores.  The main point that I want to make here is that you should never talk to vendors about cultivation.  It may be legal to possess spores in your state, but to provide you with spores knowing that you will use them to cultivate can get them into a lot of trouble.  Vendors are brave souls for handling mushroom spores at all, and they can only do so because their intent is to provide spores for scientific study--NOT cultivation.

 

It's fairly common knowledge that magic mushroom spores are legal to possess in all U.S. states except for California, Georgia, and Idaho.  I checked that by doing a pretty broad web search, though, and you should definitely follow up to see what the legal wrinkles are in your state.  Lawyers' websites can be good sources of information for state-specific law, and I recommend reading through some of those.

 

 

Attempt

 

Even in states where it's legal to possess spores, possession with intent to manufacture is still highly illegal.  This falls under the umbrella of criminal attempt.  A person can be charged with an attempt to commit a crime if he has the intent to commit that crime and takes action toward completing it, even if the crime is not completed.  How much action or what kind of action is required will depend somewhat on your state's statutes and case law, but the specifics are probably not too important for most people to know.

 

The thing to understand is that, even though it may be legal to possess spores, just having them could go a long way toward proving that you were intending to grow magic mushrooms.  For example, the possession of books on general mushroom cultivation, tubs, perlite, vermiculite, and jars is pretty safe because you can grow all kinds of legal mushrooms with those materials.  If you also have some Golden Teacher spores, though, then those things taken together could be used to show that you intended to grow illegal mushrooms.  And of course, your statements can also be used against you to show intent.

 

 

Conspiracy

 

A criminal conspiracy occurs when two or more people agree to commit a crime and take some action toward its completion.  Like with attempt, people can be charged with a conspiracy even if the crime is not completed.  Professor PF was charged with "conspiracy to distribute," and this is likely the main concern of the spore vendors.  This is why you cannot talk to them about cultivation at all.  They are in business to provide spores for microscopy and other scientific endeavors only.  If they were to provide you with spores and then talk to you about how to grow mushrooms, they could be charged with conspiracy.


Edited by Sidestreet, 17 November 2019 - 08:27 AM.

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#71 Sidestreet

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Posted 27 November 2019 - 07:23 AM

Cannabis: A Bird's Eye View of Legal Landscape in the U.S.

 

https://www.ncbi.nlm...les/PMC6590107/

 

I found this great article written by Alice Mead, who works for the company that produces Epidiolex.  Epidiolex is an FDA-approved CBD medication used for the treatment of seizures.

 

It gives a brief overview of the regulatory history surrounding Cannabis in the United States, which many of you are probably familiar with.  Maybe more importantly, though, it provides a current picture of the status of Cannabis, hemp, and CBD.  It also gives you an idea of what researchers have to go through to develop FDA-approved medications currently.  It's good to keep up with these things because they are changing so fast.  They'll probably continue to change at a blinding pace going forward.

 

It's not too long; enjoy!


Edited by Sidestreet, 27 November 2019 - 07:24 AM.





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