Texas Oppresses the Sick and Weak
By: Stephen Carter
NORML of Waco Inc. Secretary & Asst Communications Director
Texas, the state I call home and many regularly call the land of the truly free where government tends to stay out of your business, why must you continue to oppress the sick and the weak?
Texas has been known to, for the most part, leave the regulation of private matters to the individual, rightly where it should. Aside from a corrupt governor and some unsavory legislatures, Texas is truly a great place to live. We have low tax burdens and quite a bit of āfreedomā compared to other states. Donāt get me wrong, it could be a lot better, but its still better than the average.
Thereās a problem in Texas though, a large one. Many people here believe that we are not entitled to true liberty, even though they say otherwise. So whatās not so free about the great state of Texas? The voters here believe in the heavy regulation of morality; in short, the restriction of individual freedom because a majority does not agree with a particular action, even if it causes no real problem. In fact, the real source of many of our woes stems from these laws dictated to us on the basis of āmoral superiority.ā
As many know, medical marijuana has been legalized in 14 states and even in our own nationās capitol. The science and doctors that stand behind medical marijuana have provided more than enough proof of the plantās medicinal properties. The state of Texas does not recognize medical marijuana, and routinely arrests and incarcerates sick patients that use marijuana for medicinal purposes. This regularly puts innocent people in dangerous situations as they are often housed with violent people, the type that the Texas justice system ought to be spending all of their time pursuing.
Recently Chris Diaz, a 20 year old man traveling through Brownwood to Austin from California, was pulled over by a DPS officer and his vehicle was searched, with the officer finding less than two ounces of marijuana and some hashish. Chris Diaz is a medical marijuana patient in California, with a legal prescription for marijuana, and had his medicine sealed in a medically sanctioned container labeled with the California State Seal. Texas does not recognize medical marijuana prescriptions from other states.
Diaz was arrested and charged with manufacture and delivery of a controlled substance greater than 4 grams under 200 grams and possession of marijuana under 2 ounces. He has remained in custody since June 27th on bonds totaling $40,000. He is not the first medical marijuana patient to be treated so inhumanely, and likely wonāt be the last.
Brown County Sheriff Bobby Grubbs maintains that marijuana in any form is illegal in Texas. He states āWe have a zero tolerance for any type of drugs in Brown County, the law says you āmayā issue a citation for possession of small amounts, but we go ahead and make arrests.ā
Bobby Grubbs is one of those drug warriors with no compassion for the sick that are a part of the problem, not the solution.
Please help defend the sick and the weak by supporting medical marijuana in Texas. It is senseless to throw people in jail who are otherwise good upstanding citizens, just for taking their medicine.
July 13, 2010
Posted in: Articles
6 Responses
correction, chris was not coming from cali, he’d been in north texas for a couple of months before traveling to austin. the “controlled substance” was Cannabis concentrate. O.A.G. of California states they are the “same and should be treated as such under the law”.
also, in another article, Dep. Sheriff Duvall said, if chris needs medicine they will give him “real” medicine. Oh the same stuff that almost killed him and put him in ICU. Nice. that sounds like premeditated Homicide to me, Duvall.
And… in the same paper a man charged with his 14th DUI gets off on $3000 bond. wow, Texas is really showing its colors. So, who’s this guy in bed with?
On another note, that trooper said Chris failed to ID. Where do these guys get their schooling? I guess Brown v Texas doesn’t mean anything to Texas nor does Miranda v Arizona. NOW I’m starting to understand the meaning of the “color of law”. they just color over the law and tell you lies.
FREE CHRIS!!!! I see the light in all of you ! I am you , you are me, we are one !!!
Great job on the article. I appreciate your passion for advocating for legalization of medicine that makes a tremendous difference in diseases like mine. You are true to your convictions. God bless you, Stephen.
PRESS RELEASE
Chase is my name, Iām a 53 year old retired Tradeshow Magician and Owner of the Guardian Knights. Iām an Acting Private Attorney General and the Co-Author of Mr. Diazās Habeas Corpus.
It seems Ms. Martin and Mr. Gunn are receiving some bad press from the area and I would like to set the record straight. First, this young man has never been in trouble with the law, not even a speeding ticket. Second, should he be convicted of this charge, he could receive a Life Sentence for less than Ā½ ounce of Marijuana. Talk about the Dark Ages!
Iām also the Fellow that Co-Authored Mr. Diazās Motion for Jurisdiction and Standing, I also wrote this Young Manās Habeas Corpus. Judge Ellis stated in Open Court that The Motion for Jurisdiction and Standing was without Merit and dismissed it out of hand. Now that is a Bad Judge Mates!
I donāt take kindly to that, No Sir I surely donāt, let me tell you why. Everything in that Motion was based on Supreme Court Decisions, Rulings and based on the Texas Bill of Rights and Standing.
I am Calling Out Judge Stephan Ellis! I am now speaking as One of the People..(His Boss) he will account to me and to the Honorable People of Texas also (His Boss) I am stating on the Public Record that he has Violated his Oath of Office and the Rules of Professional Conduct. He has practice Law from the bench in violation of Title 28 USC 454 which states that a Judge cannot practice law from the bench or he is guilty of a āhigh misdemeanorā He stands before the Good People of Texas in Dishonor.
I am challenging The Honorable Stephan Ellis to Rebut Point-On-Point, under Oath anything in either the Habeas or Motion for Jurisdiction that was without Merit or Frivolous. Just Bring It Mister!!
Just to make it Sporting if you win, I will accept (30) days of Jail time, for Contempt of Court. If I win you turn that young man loose. I suggest we use the Attorney General for the State of Texas for the Judge. It Will Be Heard In Open Court For The Press And The Good People Of Texas At High Noon.
You, Stephan Ellis Called This Tune, Letās See If You Can Dance! The Gauntlet is at your Feet the line drawnā¦ Question Is āDo You Dare Pick it up?
Joseph āChaseā Dattilo The Guardian Knights
In order for the State to bring charges against a “Person” they have to established and show Standing.
Standing for Texas:
is axiomatic that standing is the first prerequisite to maintaining a suit. Hunt v. Bass, 664 S.W.2d 323, 324ā¦Persons have standing to sue if they can show that (1) they have sustained some direct injury as a result of a wrongful act; (2) there is a direct relationship between their alleged injury and the claim sought to be adjudicated; (3) they have a personal stake in the controversy; (4) the challenged action as caused them an injury in fact, whether economic or otherwiseā¦Because standing is a jurisdictional requirement, it may be addressed for the first time on appeal.” Sierra Club v. Cedar Point Oil Co., 73 F3d 546, 555ā¦ā
Standing and Jurisdiction can be challenged at anytime, even after the case has been closed, a few more cites
“Subject matter jurisdiction can never be waived and can be raised at any time, even after trial”. Zenith Radio Corp. v. Matsushita Elec. Indus. Co., Ltd., 494 F.Supp. 1161 (D.C. Pa., 1980).
“Lack of subject matter jurisdiction is not waivable and can even be raised on appeal after judgment on the merits”. Monaco v. Carey Canadian Mines, Ltd., 514 F.Supp. 357 (D.C.,Pa., 1981)
“Judgment of court lacking jurisdiction is void” Burnham v. Superior Court of California, County of Marin, 110 S.Ct. 2105 (1990).
“Jurisdiction, once challenged, cannot be assumed and must be decided.” Maine v Thiboutot 100 S. Ct. 250.
Now once Standing and Jurisdiction have been challenged everything stops until the above is met.
This is not what happened in Texas, the Judge ruled the standing and Jurisdiction were without merit, The Norml Attorney just ripped me on these issues. This is not what I expected, however he is a BAR Attorney, I am not. I hold no ill will against him. I am acting as common law counsel for Chris, these are the issues I will be challenging in Court. Now the Norml Attorney said that the State is not a Corporation, I disagree, look at any Court in the United States, and then look them up in Duns & Bradstreet only Corporations are listed and traded as such. I wish the folks at Norml well.
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