Constitution

Want your own copy of the Constitution? Come see me at one of these events!

The long awaited pocket constitutions are here! If you would like one, please come meet me at one of the following events.
See event details below, or tap here to view my google calendar. If you are logged on to your own google calendar, you can copy events right from my calendar to yours. You can even invite guests!
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Community Meet and Greets

I have scheduled a few meet and greets for the opportunity to meet and speak with members of the community. Please come to one of these informal meetings, bring your family and friends- I would love to meet you!

If you would like to host me for a private meet and greet event in your home for your family, friends and neighbors, please send me an email to delegatedon@gmail.com to get it scheduled.

Mountain Road Community Library

4730 Mountain Road, Pasadena MD

April 16th and May 21st from 7-8pm

 

Rivera Beach Community Library

1130 Duvall Highway, Pasadena MD

May 1st and May 15th from 7-8pm

 

Legislative Wrap Up

North County Republican Club

Big Vanilla 26 Magothy Beach Road Pasadena

April 10th Meeting starts at 7

Candidates Forums

Severna Park Republican Women

Columbian Center 335 Governor Richie Hwy Severna Park

April 9th from 6-9pm

 

North County Republican Club

Big Vanilla 26 Magothy Beach Road Pasadena

May 8th meeting starts at 7pm

 

 

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Cannabis Freedom Act HB 1016

constitution_quill_pen-300x197I am aware I may be opening up the proverbial can of worms, however this issue is an important one and I would welcome the debate and the opportunity to hear your thoughts.

My bill, HB 1016 – Cannabis Freedom Act is scheduled to be heard in the House Judiciary Committee tomorrow. Hearings start at 1pm.

This bill alone DOES NOT make Marijuana legal for any use in the State of Maryland. This bill is a NULLIFICATION Legislation and it would prohibit the State from assisting the Federal Government from taking any punitive or legal action against any citizen of Maryland in regards to any form of marijuana use in accordance with any law or regulation passed by the STATE of MARYLAND. In other words, Should Maryland pass HB879- Marijuana Decriminalization Act or HB880- Marijuana Control Act , these laws would be considered the laws of Maryland, without the shadow of the Federal Government’s unconstitutional prohibition on cannabis.

And there it is- the controversy. Are Federal marijuana laws unconstitutional? The basis of HB 1016 lies in rejecting the idea that the Federal Government has the Constitutional authority to prohibit and ban marijuana.

I ask that you consider the following:

When the Federal Government desired to prohibit the possession, sale and use of alcohol in 1919 it took an amendment to the Constitution, (the 18th ) to grant the constitutional authority to do so. When the disastrous policy failed and the Government wanted to repeal it, they needed to pass yet another amendment to the Constitution,(the 21st)

To date there have been no such amendment to prohibit marijuana.

How many of you believe that the Federal Government has the right to prohibit or ban private ownership of guns or certain types of guns and small arms? Most conservative republicans would rightly say it does not have that authority to do so! Yet many of those same people support such a ban on marijuana, why? ” But Delegate Dwyer, the second amendment protects gun rights!”

Folks- the Bill of Rights does not grant you 10 specific and limited rights, the Bill of Rights places a limit on the Federal Government for certain enumerated inalienable rights and the 10th amendment specifically protects all inalienable rights NOT ENUMERATED and clearly states that any power not given to the Federal Government resides in the State or the PEOPLE.

“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.”

This means that YOU- not the Federal Government, have the right and responsibility to determine such issues as marijuana law. You do this by means of your local and State representative. Many states are considering legislation to regulate and tax marijuana, including Maryland. However, citizens who comply with State law  are still in danger of Federal action which result in thousands of dollars spent in legal fees and even jail sentences as happened in the case of Robert Duncan, of California who worked for a dispensary made legal by California State law.

Monday afternoon, Robert Duncan will report to Mendota Federal Correctional Institution near Fresno, Calif., to begin a two-year prison sentence. His crime? Working for a medical marijuana business that was legal under California state law. Not owning it; not profiting from illegal sales. Merely for being employed by the business. Read the full article

As I stated, this bill alone does not legalize marijuana use or possession, however, this bill paves the way for Maryland to begin re-assessment of Marijuana laws and policy.

If you would like to support this bill, you may appear in person to testify, submit written testimony by noon tomorrow to the Judiciary Committee and or call or email  the members of the committee in support of HB 1016

This bill has the support of:

LEAP – Law Enforcement Against Prohibition

NORML

Marijuana Policy Project

Tenth Amendment Center

Further Reading:

 Marijuana Freedom is Liberty

Denver Post- 64 Answers to Commonly asked Questions about Marijuana Legalization in Colorado

Federal Prison for Legal Grower

 

 

Liberty Preservation Act of 2014 (Obama Can’t Imprison You Without Due Process!)

Does the President or the Federal Government have the right to arrest a person, imprison them and throw away the key? All without charging them with specific crime and denying them the right to see a lawyer?

The Federal Government says they have that right and they made it into “law”. Each year they pass the National Defense Authorization Act, NDAA which among other things authorizes defense spending. It also authorizes the Government to imprison indefinitely any person they label a “terrorist”. Who does the Government think might be a terrorist? Tap here for the FBI’s flyer for potential terrorist activity for Coffee Shops

I have introduced a bill for the second time which would Nullify the Indefinite Detention of Maryland Citizens without due process.

HB1011- Maryland Liberty preservation Act has a hearing on Friday, March 7 at 12:30 pm in Health and Government Operations Committee. Please contact my office at 410-841-3047 if you are interested in testifying in favor of this bill. Contact members of the Committee to express your support for HB 1011

Introduced last session as HB 558- here are last years committee votes.

Ted Cruz opposed NDAA 2013 because it retained the Indefinite Detention Clause.

Today I voted against the National Defense Authorization Act. I am deeply concerned that Congress still has not prohibited President Obama’s ability to indefinitely detain U.S. citizens arrested on American soil without trial or due process.

“The Constitution does not allow President Obama, or any President, to apprehend an American citizen, arrested on U.S. soil, and detain these citizens indefinitely without a trial. When I ran for office, I promised the people of Texas I would oppose any National Defense Authorization Act that did not explicitly prohibit the indefinite detention of U.S. citizens. Although this legislation does contain several positive provisions that I support, it does not ensure our most basic rights as American citizens are protected- Ted Cruz (R) Texas regarding NDAA December, 2013

I desire a strong defense, however everyone should be afforded the protection of the 4th Amendment as laid out in the Bill of Rights to the US Constitution. With Department of Homeland Security funding studies like this one done in 2011 by the University of Maryland, its clear that the Federal Government is actively pursuing justification for redefining “terrorist” to include virtually anyone they want.

University of MD/DHS funded Study: Terrorism Hot Spots. Article in the Blaze 2011

(Note: this study was funded by the Department of Homeland Security- essentially, you have the federal government funding studies to give “legitimacy” to redefining terrorists and terrorism any way they want.)

Further news articles:

Obama signs NDAA without objecting to indefinite detention of Americans

Obama wins back the right to indefinitely detain under NDAA

ACLU Opposes Indefinite Detention

 

Is My Bill (HB1010) About to be Hijacked?

indexI’m not too sure what to think:

On February 19th, HB 1010- Industrial Hemp, had a hearing in front of the Environmental Matters Committee. At the time HB 1010 was the only bill addressing industrial hemp. As I have stated, this bill would be a great economical and ecological benefit to Maryland. I was sure that I would be able to get supporters on both sides of the aisle because it is an important issue given the many benefits of Industrial Hemp. Turns out the Dems really like my idea. On February 21st, just two days after the hearing for HB1010, and well after the final drop date for filing bills, HB1472- Industrial Hemp- Pilot Program was introduced by Delegate Fraser- Hidalgo who just by chance maybe, sits on the Environmental Matters Committee.

HB 1472 differs from mine in a couple of ways, but over all the intent is identical. The most important difference is that HB1472 does not afford protection by the State of Maryland for farmers who grow hemp from potential action by the Federal Government which is still enforcing an Unconstitutional ban on growing hemp.

Now, it could be that his bill was in the works, even late for filing deadline, however it is typical that Delegates request co-sponsorships by email, and I did not receive such a request.

I am of course speculating here, but the coincidences are great. there is a saying, if it looks like a duck and quacks like a duck it is probably….

 

 

 

HB 1011 Maryland Liberty Preservation Act

I have reintroduced the Maryland Liberty Preservation Act, HB 1011 for this Legislative Session. This is a bill which would prohibit the State of Maryland to use Agents or resources to aid in the unconstitutional arrest and indefinite detainment of Citizens by the Federal Government under the Federal NDAA.

Last year this bill had tremendous support from various groups who came to testify, including the ACLU of Maryland.

Please consider appearing in Annapolis to testify in support of this bill on March 7, 2014 at 12:30 pm in the Health and Government Operations Committee, and contacting committee members in support of this bill.

 

 

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Industrial Hemp

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I have introduced the following bill to authorize the growth, production and sale of industrial hemp in Maryland. I believe that the economic benefits of industrial hemp will be a viable option for Maryland farmers as a cash crop.

HB 1010- Production and Sale of Industrial Hemp- This bill is modeled after the Tenth Amendment Center’s “Hemp Freedom Act”. This bill would nullify the Unconstitutional Federal prohibition on Industrial Hemp, and potentially opening up an economic boon to Maryland by authorizing a person to plant, grow, harvest, process, possess, sell, and buy industrial hemp in the State. The bill prohibits the State of Maryland to utilize agents or resources to aid any Federal punitive or legal action against any farmer who grows industrial hemp as a crop.This Bill has the support of The Maryland Farm Bureau and the Farm Bureau of Anne Arundel County.

HB 1010 has a hearing scheduled on Wednesday, Feb 19 at 1pm in the Environmental Matters Committee.

 

What is Industrial Hemp?

 Industrial hemp is derived from the Cannabis sativa plant, the same plant that marijuana is derived from. The two plants differ in that marijuana comes from the leaves and flowers of the female plant whereas, Industrial hemp come from the male plant and is grown for industrial use of the stalk and seeds primarily. They also differ in levels of tetrahydrocannabinol, (THC) the chemical that is responsible for its psychoactive properties. Marijuana plants contain levels of 3-15% THC and male plants grown for industrial hemp contain less than 1% of THC. Research has consistently shown that the low THC level in hemp plants is not capable of producing the psychoactive effects that true marijuana plants do

hemppostAgricultural Opportunities

 The plant serves as a good rotation crop—choking out weeds and surviving without the aid of polluting pesticides, while taking no more nutrients from the soil than a corn crop. The mature plant’s strength makes it impervious to storm damage. All parts of hemp (fiber, hurds and seeds) are economically important. Hemp can be grown in many climates and under many conditions. It is reported that Hemp is a great rotational crop with Soy and Corn. Given the corn and soy production of Maryland and specifically the eastern shore, Industrial Hemp is a natural for Maryland farmers.

 Economic Opportunities 

 The Washington Times reported this month the potential of a $500 million industry in American Hemp production.

Many American industries, including those in textiles, foods, oil and building materials, have shown a growing interest in hemp. American clothing Manufacturers grossed about $5 million in 1991 and $50 million in 1995 on hemp products. The proposed state research projects as well as the new technology and machinery needed for a developing hemp industry will provide new jobs. Import costs for American industries using hemp, currently estimated at $120 million, and would drop considerably if it could be produced domestically.

National Support

U.S. Congress – The 2014 Farm Bill that just passed Congress, included an amendment that relaxed a 75-year old restriction on growing and researching industrial hemp. The amendment clearly defines Industrial Hemp separate and apart from marijuana.

NCSL – The National Conference of State Legislatures in 2000 adopted a policy on Industrial Hemp. That policy resulted in a letter to then President Bill Clinton Urging the USDA and the DEA to distinguish between industrial hemp and marijuana. 

 

For further reading:

 Industrial Hemp and Marijuana: Myths and Realities

Hemp as an Agricultural Commodity

The case for Hemp as Biofuel

The Environmental Cost of Hemp Prohibition

Viability of Industrial Hemp

 

Who supports it?

National Council of State Legislatures position on Hemp

National Association of State Departments of Agriculture Adopts Pro-Hemp Resolution

 

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