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	<title>Comments on: New Hampshire House Decriminalizes Marijuana</title>
	<atom:link href="http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/</link>
	<description>It rankles me when somebody tries to tell somebody what to do.</description>
	<pubDate>Sat, 17 May 2008 02:57:18 +0000</pubDate>
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		<title>By: The Agitator &#187; Blog Archive &#187; &#8220;Concern&#8221;</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-87410</link>
		<dc:creator>The Agitator &#187; Blog Archive &#187; &#8220;Concern&#8221;</dc:creator>
		<pubDate>Fri, 18 Apr 2008 13:53:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-87410</guid>
		<description>[...] draconian drug laws. Months later he&#8217;s under consideration for McCain&#8217;s VP slot, and all is hunky-dory.   Digg it&#160;&#124;&#160; reddit&#160;&#124;&#160; del.icio.us&#160;&#124;&#160; [...]</description>
		<content:encoded><![CDATA[<p>[...] draconian drug laws. Months later he&#8217;s under consideration for McCain&#8217;s VP slot, and all is hunky-dory.   Digg it&nbsp;|&nbsp; reddit&nbsp;|&nbsp; del.icio.us&nbsp;|&nbsp; [...]</p>
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		<title>By: the great sardino</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-81091</link>
		<dc:creator>the great sardino</dc:creator>
		<pubDate>Thu, 20 Mar 2008 03:14:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-81091</guid>
		<description>I THINK IM GOING TO SMOKE SOME WEED RIGHT NOW! WE ARE IN A REALLY BAD ECONOMY.  TAX US POT HEADS WE WILL PAY THE TAX JUST LEAVE US ALONE. I DO NOT THINK THE GOV.LYNCH WILL SIGN THIS BILL EITHER. I ALSO THINK THEY SHOULD MAKE HOOKERS LEAGAL THEN LIFE WOULD BE GRAND:)</description>
		<content:encoded><![CDATA[<p>I THINK IM GOING TO SMOKE SOME WEED RIGHT NOW! WE ARE IN A REALLY BAD ECONOMY.  TAX US POT HEADS WE WILL PAY THE TAX JUST LEAVE US ALONE. I DO NOT THINK THE GOV.LYNCH WILL SIGN THIS BILL EITHER. I ALSO THINK THEY SHOULD MAKE HOOKERS LEAGAL THEN LIFE WOULD BE GRAND:)</p>
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		<title>By: Jay</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-81020</link>
		<dc:creator>Jay</dc:creator>
		<pubDate>Wed, 19 Mar 2008 19:09:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-81020</guid>
		<description>Here's a question: Will the decriminalization apply retroactively? Will those who got busted with a couple of Js up to a quarter bag have their records expunged or be released from jail (not sure if anyone went to jail, but probably)?  Will the state of NH pay me back for the reconstructive surgery I needed after failing to dive head first over a 4-foot fence while running from the cops because I had a dime bag of weed on me? I still got away ... barely.* :)

*Note: it is incredibly daft to try to leap over fence when stoned; I would not recommend it.</description>
		<content:encoded><![CDATA[<p>Here&#8217;s a question: Will the decriminalization apply retroactively? Will those who got busted with a couple of Js up to a quarter bag have their records expunged or be released from jail (not sure if anyone went to jail, but probably)?  Will the state of NH pay me back for the reconstructive surgery I needed after failing to dive head first over a 4-foot fence while running from the cops because I had a dime bag of weed on me? I still got away &#8230; barely.* <img src='http://www.theagitator.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
<p>*Note: it is incredibly daft to try to leap over fence when stoned; I would not recommend it.</p>
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		<title>By: GU</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-81018</link>
		<dc:creator>GU</dc:creator>
		<pubDate>Wed, 19 Mar 2008 18:58:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-81018</guid>
		<description>"Well here’s a crazy idea. Why not show some discretion, then, and not arrest and charge that kid in the first place? If he’s sharing a quarter ounce with his buddy, he’s pretty clearly not a major dealer, right?"

The MENACE must be quashed at all costs!!!!!!!!!</description>
		<content:encoded><![CDATA[<p>&#8220;Well here’s a crazy idea. Why not show some discretion, then, and not arrest and charge that kid in the first place? If he’s sharing a quarter ounce with his buddy, he’s pretty clearly not a major dealer, right?&#8221;</p>
<p>The MENACE must be quashed at all costs!!!!!!!!!</p>
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		<title>By: roy</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-81017</link>
		<dc:creator>roy</dc:creator>
		<pubDate>Wed, 19 Mar 2008 18:52:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-81017</guid>
		<description>Although I favor drug legalization -- literally heroin on the shelves at Wal-Mart -- I'm always a little skeptical of the "same choices they themselves made at the same age" criticism of politicians.  

Should politicians who used to drive too fast oppose enforcing speed limits?  Should one who got into a bar fight oppose assault prosecutions?  Should libertarian politicians who attended public schools oppose cutting education spending?</description>
		<content:encoded><![CDATA[<p>Although I favor drug legalization &#8212; literally heroin on the shelves at Wal-Mart &#8212; I&#8217;m always a little skeptical of the &#8220;same choices they themselves made at the same age&#8221; criticism of politicians.  </p>
<p>Should politicians who used to drive too fast oppose enforcing speed limits?  Should one who got into a bar fight oppose assault prosecutions?  Should libertarian politicians who attended public schools oppose cutting education spending?</p>
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		<title>By: pris</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80977</link>
		<dc:creator>pris</dc:creator>
		<pubDate>Wed, 19 Mar 2008 16:02:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80977</guid>
		<description>I heard this morning that if the bill gets past the NH Senate, Governor Lynch will not sign the bill.</description>
		<content:encoded><![CDATA[<p>I heard this morning that if the bill gets past the NH Senate, Governor Lynch will not sign the bill.</p>
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		<title>By: Scooby</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80951</link>
		<dc:creator>Scooby</dc:creator>
		<pubDate>Wed, 19 Mar 2008 15:23:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80951</guid>
		<description>Salvo,
I guess you weren't in a community property state?</description>
		<content:encoded><![CDATA[<p>Salvo,<br />
I guess you weren&#8217;t in a community property state?</p>
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		<title>By: Salvo</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80931</link>
		<dc:creator>Salvo</dc:creator>
		<pubDate>Wed, 19 Mar 2008 14:56:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80931</guid>
		<description>Ahhh, Raich, the decision that exposed Scalia as the hack that he is. "Why yes, I believe in Federalism and states rights, except only for things that involve constituencies for GOP causes, like gun rights(Lopez) and abortion. Those dirty hippies can rot in jail for all I care".

&lt;i&gt;only a politician can equate “give” to = “sale”&lt;/i&gt;

Actually, my understanding is that the law does equate giving to selling. More specifically, since most laws state that "delivery" triggers the dealer aspect, all one has to do is share the goods, and you're considered a dealer.

In law school I wrote an appellate brief on behalf of a meth user who made the drug with his wife, and then partook of it. He never sold it, and only made quantities small enough for personal use. The prosecutor even stipulated to that.

He was still sentenced as a dealer, receiving about a 5 year uptick in his sentence, because the law said the dealer statute kicks in when you "deliver" the drug to another person. Because the drug probably passed from his hands, to her hands, that was enough. I attacked this in the brief. The appellate court just laughed, and affirmed the sentence.</description>
		<content:encoded><![CDATA[<p>Ahhh, Raich, the decision that exposed Scalia as the hack that he is. &#8220;Why yes, I believe in Federalism and states rights, except only for things that involve constituencies for GOP causes, like gun rights(Lopez) and abortion. Those dirty hippies can rot in jail for all I care&#8221;.</p>
<p><i>only a politician can equate “give” to = “sale”</i></p>
<p>Actually, my understanding is that the law does equate giving to selling. More specifically, since most laws state that &#8220;delivery&#8221; triggers the dealer aspect, all one has to do is share the goods, and you&#8217;re considered a dealer.</p>
<p>In law school I wrote an appellate brief on behalf of a meth user who made the drug with his wife, and then partook of it. He never sold it, and only made quantities small enough for personal use. The prosecutor even stipulated to that.</p>
<p>He was still sentenced as a dealer, receiving about a 5 year uptick in his sentence, because the law said the dealer statute kicks in when you &#8220;deliver&#8221; the drug to another person. Because the drug probably passed from his hands, to her hands, that was enough. I attacked this in the brief. The appellate court just laughed, and affirmed the sentence.</p>
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		<title>By: Celeste</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80900</link>
		<dc:creator>Celeste</dc:creator>
		<pubDate>Wed, 19 Mar 2008 12:12:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80900</guid>
		<description>Sithmonkey - not after Gonzales v Raich.  The Supremes decided that marijuana legally grown in-state, used in-state, and not even sold still violated the Commerce clause.  Keeping power in the hands of the feds was more important than letting Raich and others like her have access to the pain relief they needed.</description>
		<content:encoded><![CDATA[<p>Sithmonkey - not after Gonzales v Raich.  The Supremes decided that marijuana legally grown in-state, used in-state, and not even sold still violated the Commerce clause.  Keeping power in the hands of the feds was more important than letting Raich and others like her have access to the pain relief they needed.</p>
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		<title>By: Sithmonkey</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80899</link>
		<dc:creator>Sithmonkey</dc:creator>
		<pubDate>Wed, 19 Mar 2008 11:58:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80899</guid>
		<description>&lt;i&gt;Oh well, baby steps still represent progress.&lt;/i&gt;

And that's probably the most we can hope for in most cases...but I can't see any other way of legalizing marijuana happening, other than the states incrementally lifting the ban and thumbing their noses at the Feds. The feds might threaten to withhold federal funds, but I bet with their prisons being a bit emptier of non-violent cheeba heads, the state will have more resources available to compensate...

Here's what's probably a simplistic and maybe stupid question...but I'm no legal expert and it's been gnawing at my craw...

If a state legalizes and regulates marijuana by requiring that any marijuana sold, distributed, etc. in the state must be grown in the state, would they be able to get around the Feds and the Commerce Clause?</description>
		<content:encoded><![CDATA[<p><i>Oh well, baby steps still represent progress.</i></p>
<p>And that&#8217;s probably the most we can hope for in most cases&#8230;but I can&#8217;t see any other way of legalizing marijuana happening, other than the states incrementally lifting the ban and thumbing their noses at the Feds. The feds might threaten to withhold federal funds, but I bet with their prisons being a bit emptier of non-violent cheeba heads, the state will have more resources available to compensate&#8230;</p>
<p>Here&#8217;s what&#8217;s probably a simplistic and maybe stupid question&#8230;but I&#8217;m no legal expert and it&#8217;s been gnawing at my craw&#8230;</p>
<p>If a state legalizes and regulates marijuana by requiring that any marijuana sold, distributed, etc. in the state must be grown in the state, would they be able to get around the Feds and the Commerce Clause?</p>
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		<title>By: Billy Beck</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80868</link>
		<dc:creator>Billy Beck</dc:creator>
		<pubDate>Wed, 19 Mar 2008 06:02:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80868</guid>
		<description>&lt;i&gt;“I feel that our laws are good in Florida. They were thoughtfully put in place.”&lt;/i&gt;

He "feels" about something that he judges "thoughtful".

Always look to the language, children.  That way, you can always see the imbeciles.</description>
		<content:encoded><![CDATA[<p><i>“I feel that our laws are good in Florida. They were thoughtfully put in place.”</i></p>
<p>He &#8220;feels&#8221; about something that he judges &#8220;thoughtful&#8221;.</p>
<p>Always look to the language, children.  That way, you can always see the imbeciles.</p>
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		<title>By: Benjamin</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80841</link>
		<dc:creator>Benjamin</dc:creator>
		<pubDate>Wed, 19 Mar 2008 03:29:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80841</guid>
		<description>If you'll recall, the city of Columbia, MO had passed an ordinance almost identical to this one about three years ago (my timing may be off).

In retaliation, a state representative tried to ban all high school athletic teams from his district from playing in Columbia (where the state finals are held for all athletics).

I would expect some of the same in New Hampshire.</description>
		<content:encoded><![CDATA[<p>If you&#8217;ll recall, the city of Columbia, MO had passed an ordinance almost identical to this one about three years ago (my timing may be off).</p>
<p>In retaliation, a state representative tried to ban all high school athletic teams from his district from playing in Columbia (where the state finals are held for all athletics).</p>
<p>I would expect some of the same in New Hampshire.</p>
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		<title>By: Dave Hummels</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80839</link>
		<dc:creator>Dave Hummels</dc:creator>
		<pubDate>Wed, 19 Mar 2008 03:23:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80839</guid>
		<description>Oh well, baby steps still represent progress.  Still, the fact that this move is still controversial (as the 193 to 141 victory suggests) annoys the hell out of me.  Marijuana is a rather benign substance that is almost certainly not physically addictive. Psychological addiction may be another matter, but I don't think "pot addicts"--or any addicts--represent an existential threat to our society.  I would much rather interact with a pot head than an irrational, ill-tempered drunk.</description>
		<content:encoded><![CDATA[<p>Oh well, baby steps still represent progress.  Still, the fact that this move is still controversial (as the 193 to 141 victory suggests) annoys the hell out of me.  Marijuana is a rather benign substance that is almost certainly not physically addictive. Psychological addiction may be another matter, but I don&#8217;t think &#8220;pot addicts&#8221;&#8211;or any addicts&#8211;represent an existential threat to our society.  I would much rather interact with a pot head than an irrational, ill-tempered drunk.</p>
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		<title>By: ZappaCrappa</title>
		<link>http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80838</link>
		<dc:creator>ZappaCrappa</dc:creator>
		<pubDate>Wed, 19 Mar 2008 03:22:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/03/18/new-hampshire-house-legalizes-marijuana/#comment-80838</guid>
		<description>It's a start.  

"For example, if someone has a quarter ounce in his possession and gives some to a buddy, he can be arrested and charged for sale and a felony,” said Tholl. "

LOL...only a politician can equate "give" to = "sale"  So the next time Whitefield Republican John Tholl, police chief in Dalton's wife "gives" him a piece...let's arrest her for prostitution and him for soliticitation....its the same premise....right?</description>
		<content:encoded><![CDATA[<p>It&#8217;s a start.  </p>
<p>&#8220;For example, if someone has a quarter ounce in his possession and gives some to a buddy, he can be arrested and charged for sale and a felony,” said Tholl. &#8221;</p>
<p>LOL&#8230;only a politician can equate &#8220;give&#8221; to = &#8220;sale&#8221;  So the next time Whitefield Republican John Tholl, police chief in Dalton&#8217;s wife &#8220;gives&#8221; him a piece&#8230;let&#8217;s arrest her for prostitution and him for soliticitation&#8230;.its the same premise&#8230;.right?</p>
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