Shona Banda’s Lawyers File Federal Civil Rights Lawsuit Against State of Kansas

Attorneys Sarah Swain and Matthew Pappas have filed a federal civil rights lawsuit against the State of Kansas and its Department for Children and Families on behalf of cannabis oil activist and Crohn’s disease patient Shona Banda, whose 11-year-old son was taken by authorities in April of this year after he spoke out about his … Continue reading Shona Banda’s Lawyers File Federal Civil Rights Lawsuit Against State of Kansas

Ron Paul Calls for Jury to Nullify Cannabis Oil Mom Shona Banda’s Criminal Charges

Since March of last year, Truth in Media has covered the work of cannabis oil activist Shona Banda, a mother and Crohn’s disease patient who successfully used cannabis oil to treat her illness and developed her own inexpensive method for extracting it. However, Banda’s ordeal took a serious turn in April of this year when her son was seized by the Kansas Department for Children and Families and her home raided by police after her 11-year-old son spoke out about Banda’s successful cannabis oil treatment during an anti-drug presentation at his Garden City, KS public school.

Truth in Media’s exclusive interviews with Banda about her fight to regain custody of her son and the five criminal charges, three of them felonies, that she faces pursuant to the April raid on her home garnered nationwide attention, with outlets like The Washington Post and ABC’s The View picking up the story.

Now, Shona Banda’s case has caught the attention of libertarian icon and former Republican US Congressman Ron Paul, who weighed in on her case during Tuesday’s episode of the Ron Paul Liberty Report.

In the episode, seen in the above-embedded video player, Ron Paul spoke optimistically of the fact that laws prohibiting treatment with cannabis oil have been overturned in many states, but noted that these changes are happening too slowly to help in Shona Banda’s case. As an alternative, he pointed to jury nullification, a legal tool that jurors can use to defend fellow citizens from unjust laws.

[Shona Banda] could end up in prison for 34 years,” said Paul, who called the charges against her “so egregious.

Jury nullification describes a discretionary act in which a juror uses his or her right to acquit a defendant, but does so, not on the basis that the accused is innocent of the charges, but instead based on the belief that the law itself is unjust. Former Congressman Paul cautioned that efforts to stand outside a specific courthouse and educate jurors on the principle of jury nullification could result in activists being charged with jury tampering.

Paul also pointed out the fact that parents who home-school their kids do not face a risk that public school employees will interrogate their children in an effort to spy on parents’ behavior. He concluded by articulating his broader view that the War on Drugs exceeds the federal government’s constitutional limits. “[The federal government] shouldn’t even be involved. Where is it in the Constitution that they’re going to tell us about what our kids can do or what a person can do for their own body, taking something that grows naturally and finds out that its the best medication they could take? I mean that is not a federal function.

Shona Banda’s supporters have already raised nearly $50,000 to support her legal defense via a GoFundMe page. Banda has predicted that her legal fees may exceed $150,000.

In September of last year, Ben Swann released a Truth in Media episode confronting the federal government’s mixed messages about the efficacy of medical marijuana. Watch it in the below-embedded video player.

https://youtu.be/zuX9y0hiqWE

Shona Banda’s Attorney Plans to Fight Cannabis’ Classification As Schedule 1 Narcotic

Since March of 2014, Truth in Media has covered the work of cannabis oil activist and Crohn’s disease sufferer Shona Banda, who has successfully used cannabis oil to manage her disease and developed her own inexpensive method to extract it. However, Banda’s story took a dramatic turn recently when her home was raided by police and … Continue reading Shona Banda’s Attorney Plans to Fight Cannabis’ Classification As Schedule 1 Narcotic

EXCLUSIVE: Cannabis Oil Activist Shona Banda, Now Facing Felony Charges, Speaks Out

In April, Truth in Media published an exclusive interview with Shona Banda, a cannabis oil activist and Crohn’s disease survivor whose home was raided by Garden City, KS police and 11-year-old son was seized by the Kansas Department for Children and Families after her son spoke out about medical marijuana during an anti-drug presentation in … Continue reading EXCLUSIVE: Cannabis Oil Activist Shona Banda, Now Facing Felony Charges, Speaks Out

VIDEO: Without Warrant, Cops Block Cannabis Oil Activist Shona Banda from Entering Her Own Home

Last week, BenSwann.com obtained an exclusive interview with Shona Banda, a cannabis oil activist and Crohn’s disease survivor whose 11-year-old son was taken by Kansas’ Department for Children and Families and whose home was searched by police after her son asserted medical cannabis facts during an anti-drug class at school. During the interview, Banda mentioned the fact that she had filmed the encounter with police and DCF at her home, which she characterized as a raid, and that video of the incident would be made available after she had an opportunity to post it online.

The video, now online and seen above, appears to show the fact that, upon her arrival at her Garden City, KS home, local police and DCF agents were already on her property. At the time that the video was taken, police on the scene had yet to obtain a warrant and were waiting for a judge to sign off on one. Despite the fact that a search warrant had not yet been issued, officers were seen searching her backyard. Banda refused to allow the officers into her home without a warrant, and, subsequently, police refused to allow her to enter her own home, claiming that it had been secured in preparation for the impending search.

At one point, an officer denied Banda entry into the home to retrieve diabetes medication for a child in her care, telling her that police would contact EMS if the child slipped into a diabetic attack as a result of the refusal to allow her inside. The officer appeared to attempt to use the diabetic attack as leverage to coerce Banda into waiving her right to refuse a search by suggesting that he could enter the home to get the medication, but informing her that she could not. DCF bureaucrats said that Banda could not be allowed into the home until officers determined whether it was safe for children. Banda was told by police many times that she was free to leave her own home, but could not enter.

Following Banda’s interview on BenSwann.com and a report by The Human Solution International, her story was picked up by Radley Balko at The Washington Post and subsequently went viral. Banda’s supporters have started a GoFundMe fundraising campaign, which has already raised over $25,000, to help with her legal expenses.

The Garden City Telegram notes that Banda is set to appear in court today at a hearing at Finney County District Court, where she will fight for custody of her 11-year-old son. According to The Daily Mail, Banda’s son, who had been originally placed in his father’s custody temporarily, was seized from his father on Thursday in advance of today’s hearing.

In September of last year, Ben Swann released a Truth in Media episode reporting on the federal government’s mixed messages on medical marijuana. Watch it in the player below.

Ben Swann Radio: Shona Banda Explains Her Remarkable Story On How Cannabis Oil Saved Her Life

After being diagnosed with Crohn’s disease in 2002, Shona Banda went through the struggles that many suffer with when battling the autoimmune disease. On the Ben Swann Radio Show, Ben and Shona discussed her tribulations while suffering from the disease and her immediate experiences after finding the cure to her disease. During the show, when … Continue reading Ben Swann Radio: Shona Banda Explains Her Remarkable Story On How Cannabis Oil Saved Her Life

The Cannabis Oil Invention Shona Banda Wouldn’t Hold Secret

Dr. Sanjay Gupta of CNN has recently blown the doors wide open on medical marijuana and the people in America are acting fast. Even while cannabis remains a Schedule I substance under federal law, politicians are quickly changing state laws to allow people to use the plant. So who is it that should get credit … Continue reading The Cannabis Oil Invention Shona Banda Wouldn’t Hold Secret

Supreme Court Refuses to Hear Neighboring States’ Suit Against Colorado Pot Legalization

The Supreme Court announced on Monday that it will not hear a lawsuit filed by the states of Nebraska and Oklahoma that claims that Colorado’s recreational pot law violates federal law and enables the trafficking of marijuana across their borders. “The State of Colorado authorizes, oversees, protects and profits from a sprawling $100-million-per-month marijuana growing, processing and retailing … Continue reading Supreme Court Refuses to Hear Neighboring States’ Suit Against Colorado Pot Legalization

GOP-led Pa. House Passes Bill to Legalize Medical Marijuana

Pennsylvania’s Republican-led House of Representatives passed Senate Bill 3 on Wednesday by a vote of 149-43. If it becomes law, the legislation would legalize medical marijuana in the state. According to The Philadelphia Inquirer, leaders in the state’s GOP-led Senate have said that the bill is expected to pass the Senate as well. “I applaud the … Continue reading GOP-led Pa. House Passes Bill to Legalize Medical Marijuana

Ex-AG Eric Holder: Pot ‘Ought to Be Rescheduled’

Former U.S. Attorney General Eric Holder recently said that he believes that the federal government should end marijuana’s classification alongside heroin as a hardcore Schedule 1 narcotic with no medical use. When asked during a comprehensive Tuesday PBS interview on criminal justice reform if marijuana should be decriminalized, Holder replied, “I certainly think it ought … Continue reading Ex-AG Eric Holder: Pot ‘Ought to Be Rescheduled’

Colo. Prosecutors Complain Juries Are Refusing to Convict Pot-Influenced Drivers

Prosecutors in pot-legal Colorado are expressing frustrations that they are having a tough time finding juries willing to convict some suspects who have been charged with driving under the influence of marijuana.

According to CBS Denver, Colorado District Attorneys’ Council head Tom Raynes said that juries are in some cases refusing to convict individuals who have been found driving with levels of pot in their system exceeding the 5 ng/ml THC legal limit.

You are putting lives in danger. I want the message to be understood. It’s about driving while under the influence of drugs — it’s not about recreational or medical, it’s about being impaired when you drive,” he said. “I don’t believe anyone can drive better under the influence of any substance.

[RELATED: Ron Paul Calls for Jury to Nullify Cannabis Oil Mom Shona Banda’s Criminal Charges]

CBS Denver pointed to the case of medical marijuana patient Melanie Brinegar as an example. Brinegar was charged with driving under the influence of pot during a June traffic stop over an expired license plate. Though she admitted to having used marijuana and was found over the legal limit, officers did not witness her driving erratically.

Brinegar claimed that marijuana use improves her ability to drive and that she was neither high nor impaired. She was acquitted by a jury of her peers.

[RELATED: Indiana County Introduces Marijuana Goggles to Curb Teen Use]

The Free Thought Project characterized the jury’s refusal to convict as “jury nullification.” However, it appears that a component of the law allows juries to find defendants not guilty even if they are above the legal limit.

Brad Wood, a foreman on the jury that acquitted Brinegar, said, “The law allows you to infer that the person was impaired if they have over 5 ng/ml. But you may also feel free not to infer that and in any case use all the evidence to make your judgement… If the law says we strongly encourage you to weigh this as the biggest factor, I think it would have been a whole different story… If the officer said, ‘We saw her weave,’ it probably would have been a different story.

Wood referred to the law as poorly written and said that the jury believed Brinegar’s claim that marijuana does not impair her driving.

[Activist Charged with Jury Tampering for Promoting Jury Nullification Outside Courthouse]

During the trial, Brinegar’s attorney Colin McCallin argued that the pot driving impairment law differs from driving under the influence of alcohol laws that require juries to convict simply on the basis of the suspect’s blood alcohol content. McCallin said that this argument might not work in other incidences in which an individual has been charged with driving under the influence of marijuana.

Are we sending a message it’s okay to smoke and drive? I don’t like that message. In [Brinegar’s] case maybe its fine,” Wood said.

Santee Sioux Tribe to Launch First-in-the-Nation Pot Resort in South Dakota

The Santee Sioux Native American tribe has announced plans to open a first-in-the-nation marijuana resort on December 31 of this year. Santee Sioux tribal lands are located within South Dakota’s borders, where pot is illegal; however, last June, following a recent Department of Justice policy announcement recognizing the fact that sovereign tribes have the authority to set … Continue reading Santee Sioux Tribe to Launch First-in-the-Nation Pot Resort in South Dakota

Minors Face ‘Unintended’ Felony Charges For Pot Under Wash. Recreational Cannabis Law

Three teens, ages 14, 15, and 17, are facing felony charges for pot possession in the U.S. state of Washington, where recreational marijuana possession is legal. According to NPR, a lesser-known provision in a new law, SB 5052, which was aimed at consolidating taxes and regulations between the state’s medical and recreational marijuana industries, has stiffened the … Continue reading Minors Face ‘Unintended’ Felony Charges For Pot Under Wash. Recreational Cannabis Law

Nevada State Athletic Commission Bans UFC’s Nick Diaz for Five Years Over Alleged Pot Use

The Nevada State Athletic Commission, a government-run state-level sports regulatory agency, has suspended Ultimate Fighting Championship mixed martial arts fighter Nick Diaz for five years and fined him $165,000 for allegedly testing positive for marijuana in a post-fight drug test after his loss to Anderson Silva in January’s UFC 183 event.

However, the NSAC only suspended his opponent Anderson Silva, who allegedly tested positive for steroids during a drug test following the same fight, for one year, drawing fire from critics who say that Diaz’s punishment is unusually harsh.

The NSAC claims that it issued the stiff punishment because Diaz had been suspended twice before, but as MMA Mania notes, the NSAC’s own policies state that a third positive marijuana test calls for a three year suspension.

In the below video, Diaz can be seen claiming that his suspension is “ridiculous” considering what he called widespread use of steroids among UFC fighters and in the context that Silva was suspended for a shorter period of time than him despite allegedly using performance enhancers against him in the same fight.

MMA Junkie’s Ben Fowlkes wrote, “It’s ridiculous, when you think about it. After all the absurd excuses and explanations we’ve heard in NSAC hearings over the years, all the laughable defenses in the face of serious charges, and the one that would provoke the ire of the commissioners would be Diaz’s shockingly competent defense against accusations that he used a substance he is very well known for using.

Fowlkes said that NSAC’s harsh punishment was motivated primarily by the fact that Diaz attempted to defend himself against the charges rather than apologizing and begging for leniency, “Had he shown up and gone through the motions of an apology, he might have gotten off much easier. This commission knows how to reward the good dogs who roll over and beg. When confronted with a meticulous, aggressive defense, such as the one Diaz’s legal team put forth, the NSAC commissioners can only respond with indignant annoyance.

ESPN’s Brett Okamoto wrote, “There is little doubt the NSAC’s decision on Monday to suspend Nick Diaz for five years was a personal one. The ruling did not align with actions taken previously by the NSAC and it actually went against a proposed set of suspension lengths the commission itself introduced this year.

Okamoto added, “If there is one thing the NSAC dislikes more than a guilty athlete, it’s a guilty athlete who shows no remorse. And in three separate NSAC disciplinary hearings for marijuana-related offenses, Diaz has shown no remorse.

For 32-year-old Diaz to be banned from UFC events for five years constitutes a de-facto lifetime ban.

[RELATED: EXCLUSIVE: Cannabis Oil Activist Shona Banda, Now Facing Felony Charges, Speaks Out]

Diaz maintains that he did not violate the NSAC’s policy on marijuana. According to Fox Sports, Diaz’s attorney is expected to appeal the decision.

NSAC chairman Francisco Aguilar said, defending the commission’s rationale behind its harsh punishment, “This not just a case of marijuana. I think this is a case of complete lack of disregard for the sport.

ESPN staff writer Brett Okamoto criticized the NSAC’s rationale and said, “Near the end of deliberations, NSAC chairman Francisco Aguilar made it a point to say Diaz’s case was about ‘more than marijuana,’ but that’s where he was wrong. This case shouldn’t be about more than marijuana. It shouldn’t be about making a statement to future athletes or finally putting a rebellious Diaz in his place… Disciplinary hearings are about administering justice — with due process.” He concluded, “Monday’s disciplinary hearing — and the message it sent — was the wrong one.

New DEA Head Says Pot “Is Dangerous,” Lacks Medical Use, Belongs on Schedule I

Newly-appointed acting Drug Enforcement Administration chief Chuck Rosenberg, who took over the position following previous DEA Administrator Michele Leonhart’s resignation over a scandal in which subordinate DEA agents were caught participating in sex parties with prostitutes funded by Colombian drug cartels, recently clarified that he supports marijuana’s controversial classification alongside hardcore drugs like heroin as a Schedule I narcotic … Continue reading New DEA Head Says Pot “Is Dangerous,” Lacks Medical Use, Belongs on Schedule I

Activist Charged with Jury Tampering for Promoting Jury Nullification Outside Courthouse

Occupy Denver affiliated jury rights activist Mark Iannicelli was arrested last Monday on seven felony counts of jury tampering after he allegedly distributed educational flyers promoting the concept of jury nullification outside of the Lindsey-Flanigan Courthouse in Denver, Colorado. Iannicelli reportedly issued the flyers from a booth with a sign reading “Juror Info.” An arrest affidavit cited by FOX … Continue reading Activist Charged with Jury Tampering for Promoting Jury Nullification Outside Courthouse

Delaware Governor Jack Markell Signs Bill Decriminalizing Simple Pot Possession

On Thursday, immediately after the Delaware Senate finalized the Delaware General Assembly’s approval of House Bill 39, which decriminalizes marijuana, Democratic Governor Jack Markell signed it into law. According to The News Journal, the new law allows people in the state to privately possess up to 1 ounce of cannabis without facing jail time or marring their criminal records.

However, those caught with small amounts of pot will be punished with a $100 civil fine and forced to surrender their marijuana to police. According to the above-embedded video coverage by CBS Philly, the law takes effect in six months.

Additionally, the bill’s legislative text notes, “The public use or consumption of an ounce or less of marijuana will be an unclassified misdemeanor punishable by a fine of not more than $200 or imprisonment for not more than 5 days. This penalty is in line with the penalty for possession or consumption of an open container of alcohol in most municipalities in the state… This bill does not repeal or modify existing laws relating to medical marijuana or penalties for the operation of motor vehicles under the influence.

A statement about the law by Kelly Bachman, a spokesperson for Governor Markell, read, “The governor remains committed to reducing the number of people entering the criminal justice system and refocusing resources where they are needed most and House Bill 39 supports these efforts.

Reuters points out the fact that Delaware law previously penalized simple marijuana possession with up to 6 months in jail and a fine of up to $1,150.

The bill was introduced by Representative Helene Keeley (D-Wilmington). Republican lawmakers in the state stood unanimous in their opposition to the bill, citing their view that decriminalization sends the wrong message to children.

This is a vote we’re going to really, really regret. Would you want your kid smoking weed? I think the answer is overwhelmingly no,” said State Senator Colin Bonini (R-Dover) in comments cited by The News Journal.

Despite this change to Delaware law, federal law still criminalizes the possession of marijuana, which it classifies, similarly to hardcore drugs like heroin and methamphetamine, as a Schedule 1 narcotic with no medical use.

[RELATED: Shona Banda’s Attorney Plans to Fight Cannabis’ Classification As Schedule 1 Narcotic]

In September of last year, Ben Swann released a Truth in Media episode tackling the federal government’s mixed messages on marijuana. Watch it in the below-embedded video player.

https://youtu.be/zuX9y0hiqWE

Truth In Media Accelerates National Cannabis Discussion

In March 2014, Benswann.com was alerted to the story of Shona Banda, a woman who was diagnosed with Crohn’s Disease in 2002. After seven years of suffering from the debilitating effects of the disease despite conventional treatment and medication, Banda took a bold step to manage her symptoms after watching an online documentary about cannabis oil being used to relieve a variety … Continue reading Truth In Media Accelerates National Cannabis Discussion

EXCLUSIVE: Cops Raid Cannabis Oil Activist Because Her Son Discussed Medical Pot Facts at School

On March 24, cannabis oil activist Shona Banda‘s life was flipped upside-down after her son was taken from her by the State of Kansas. The ordeal started when counselors at her 11-year-old son’s school conducted a drug education class. Her son, who had previously lived in Colorado for a period of time, disagreed with some … Continue reading EXCLUSIVE: Cops Raid Cannabis Oil Activist Because Her Son Discussed Medical Pot Facts at School

Joel Naselroad: In Prison And Brutally Shot By Police For 3 Cannabis Plants

Joel Naselroad may be in jail today but his tragic story exemplifies the police state that countless Americans are fighting against. As Naselroad suffers in jail, Americans all over the nation are wondering why a judge would still find reason to imprison Naselroad for the tragic event that happened on October 8th, 2013. Video: An … Continue reading Joel Naselroad: In Prison And Brutally Shot By Police For 3 Cannabis Plants