North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On-line.

[DrYRHead]

It sounds like that man has a good argument that his religious freedom is being    violated. He should get his lawyer to file that he is having his constitutional rights violated.

Source: StoptheDrugWar.org; 
http://stopthedrugwar.org/chronicle/533/north_dakota_first_salvia_arrest_kenneth_rau
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excerpt:

North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On

In what is likely the first arrest for possession of salvia divinorum
anywhere in the nation -- and definitely a first in North Dakota -- a
Bismarck man now faces years in prison after he bought a few ounces of
leaves on eBay. Kenneth Rau, a bottling plant worker with an interest
in herbalism, altered states, and religion and spirituality, was
arrested by Bismarck police on April 9 when they searched his home
looking for his adult son, who was on probation for drug charges.
 

[mconlonx]

He broke the law by possessing a scheduled substance. And admitted as much for the public record (which could very well be used against him). He has no case.

Although it's interesting that none of the law's sponsors wanted to comment on it...

[Paradoxic]

Its unfortunate, but yeah he has no case. In addition, he also had marijuana and mushrooms 

Well we will see how this plays out and what kind of sentence he gets.

[DrYRHead]

The mushrooms in question were actually not Psilocybe ones, but rather Amanita muscaria that do not contain psilocybin or psilocin.

[Paradoxic]

The mushrooms in question were actually not Psilocybe ones, but rather Amanita muscaria that do not contain psilocybin or psilocin.

Oh yeah thats weird. The article is quite contradictive. In one case it said he had Amanitas but then it also says: "He is being charged with...possession of psilocybin with intent, and possession of marijuana." I guess they are just pinning that on him because he has psychedelic mushrooms, what bullshit!

Maybe he does have a case after all, it seems he has Stop the Drug War on his side...and us 

[mconlonx]

We're talking North Dakota here, not downtown NYC, with CSI doing labwork follow-up. They found "green leafy vegetabel matter" and charged him with possession until they have it tested. They found mushrooms and charged him with possession of psilocin/psilocybin, pending testing. They don't know it's not illegal until they test for it. After all, he did have salvia in possession and admitted as such, no telling what other horrors he might have had there.

Complete and total overreaction. I actually hope this stays in the news so people can see how ridiculous it is.

[DrYRHead]

 Perhaps, the MJ charge was filed just in case the leafy green substance was low grade MJ leaf.  Of course, North Dakota is one of the states that has made SD illegal.  So he is still up shit creek without  a paddle.  I'd hate to be him. 

[PsychedelicArdist]

We just need to make a big deal out of this. Hell, it is a big deal. This man doesn't deserve to lose a considerable chunk of his life (which he will never get back) because he had LEAVES IN HIS HOME! What kind of bullshit is this, really? Has the law saved anyone? Did they prevent harm? No. They've arrested a man that didn't do anything. To protect and serve, what a load of horse shit.

Salvia may be illegal in that state. But bullshit laws get passed all the time. If the population has a problem with a law, IT CAN AND SHOULD BE REVOKED.

Fuck, people are too fucking lazy these days, and don't want to even stick up for themselves, when they're being pushed around and controlled by people they've never even met! And these same people, just happen to be some of the most retarded people I've ever had the pleasure being aware of.

There's more of us than them, so why aren't we controlling them? They supposively work FOR us, not the other way around.

[Madmax]

We just need to make a big deal out of this. Hell, it is a big deal. This man doesn't deserve to lose a considerable chunk of his life (which he will never get back) because he had LEAVES IN HIS HOME! What kind of bullshit is this, really? Has the law saved anyone? Did they prevent harm? No. They've arrested a man that didn't do anything. To protect and serve, what a load of horse shit.

Salvia may be illegal in that state. But bullshit laws get passed all the time. If the population has a problem with a law, IT CAN AND SHOULD BE REVOKED.

Fuck, people are too fucking lazy these days, and don't want to even stick up for themselves, when they're being pushed around and controlled by people they've never even met! And these same people, just happen to be some of the most retarded people I've ever had the pleasure being aware of.

There's more of us than them, so why aren't we controlling them? They supposively work FOR us, not the other way around.

While I agree with you in spirit, it's an inalterable fact that he broke the law and got caught. The vast majority of residents in his state are probably totally unaware of what salvia is, let alone that it's possession is illegal there. If asked most would probably just say "Tough shit, he broke the law and got caught.", so the probability of the residents joining a referendum to defeat the law is rather unlikely. Even if they did the odds are that they would be overruled by the courts "to protect the public". We don't live in a true democracy like the Athenian Greeks of old, ours is a Constitutional Republic, which means that those who make the laws don't always have to do what's popular. Many people disagreed with the Civil Rights Act, yet it became law anyway.

[PsychedelicArdist]

I know that the court would most likely overrule anyone that resisted the law.
But why don't we just overrule them?

I know that the vast majority of the people in this country (hell the world), are lazy, don't care about their own rights, and listen to everything they're told. But another way to look at that is to take advantage of these sheep. Seriously, if politicians can do it a number of people I've talked to on-line (a few of them on this site) could.

You just have to put yourselves out there. Take charge.
There are way more of us than them, even if we are only counting the "resistance". This next generation doesn't really have  too lovely of a view of the government (they shouldn't). Sure, a pretty big percentage are worse than people have ever been (as  far as laziness, don't give a fuck about ANYTHING attitude). But as far as those who actually have a head on their shoulders, they are smarter than any generation I've known of (from what I can understand about past generations at least, through studying culture, etc.)

There definately is a chance.
And not believing that it will work isn't a good excuse.

Because, even if it doesn't work, either way it would end in the result we didnt' want.
So we might as well try.

[Madmax]

When you raise your head in protest you run the risk that it will be chopped off, a risk most aren't willing to take. The sheeple will never buck the trend, they go along with what will cause the least drama. sad, but true none the less. Only those willing to martyr themselves for the cause get noticed, and they tend to have short lifespans.

[plur]

timathy lery v.s the fedarly goverment : he took the us goverment to the sprime court over the 1936 pot law and won it dosent take armys of poeple to get a law revoked it just takes a few smart people and a couple of good lawers ......
here one point i have found
from the U.S constution

"The right of the people to be secure in their persons, houses, papers, and effects, against ++unreasonable++ searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."


++Unreasonable =being or going beyond accepted or reasonable limits

alcohol is the outer limits of accepted drug use as far a risk to personal safety and the safety of society  as a  whole

Thus constitutionally the dangers of alcohol  is the marker for the constructional legality of any substance that alter mind or mood

Thus drug laws should be formed around that  point of reference

Thus and deep scientific understanding of long and short term of effects should  be used  to compare to the long and short term alcohol thus creating a non based risk assement

And finally the risk assement should not include the damaging effects of  crime violence economic impact of inflated prices due to black market sales directly or indirectly as legally will eliminate those effect

[spindrifter]

Oh, for the good old days before computers and employment verification databases, when if you screwed up, you could just start calling yourself something else and move to another town and be a whole new person. These days, the nail that sticks up gets hammered back down. I work (legally) with controlled substances on a daily basis, and I work for someone else. If I started writing representatives, ranting at committee meetings, and otherwise getting noticed in defense of Salvia, I would find myself jobless and careerless in short order. Democracy, it is past your bedtime. Everyone shut up and go to sleep... or else.

[JustAnotherRegularGuy]

Spindrifter.....Are you implying that I might become jobless and careerless because I am taking part in my right to defend Salvia by writing my representatives and taking a stand to defend this plant.......C'mon now....That sounds like paranoia to me. It's just part of the legislative process.

You might be a very good candidate to defend Salvia since you already work with controlled substances. You could make a great argument that Salvia is unlike other known substances and shouldn't be treated like other drugs. You have more experience working with drugs than the legislators and the average Joe.

Or are you saying that you think the company you work for would fire you if you defended Salvia because of the field of work you are in? if you think that way, does that mean you think there really is something wrong and dangerous about this plant? Does the company you work for believe that?

JARG

[longjourney]

Spindrifter.....Are you implying that I might become jobless and careerless because I am taking part in my right to defend Salvia by writing my representatives and taking a stand to defend this plant.......C'mon now....That sounds like paranoia to me. It's just part of the legislative process.

You might be a very good candidate to defend Salvia since you already work with controlled substances. You could make a great argument that Salvia is unlike other known substances and shouldn't be treated like other drugs. You have more experience working with drugs than the legislators and the average Joe.

Or are you saying that you think the company you work for would fire you if you defended Salvia because of the field of work you are in? if you think that way, does that mean you think there really is something wrong and dangerous about this plant? Does the company you work for believe that?

JARG

I would have to agree with Spindrifter on this one and I would think it to be rather naive or bemused to think otherwise.