All posts tagged: NORML

Fentanyl: The True Gateway Drug

Prince

Lil’ Peep

Tom Petty

Delores O’Riordan

All were famous musicians… ‘rock stars’, as it were.

All of them overdosed.

Not the cliche’ heroin OD with a dirty needle in a seedy setting like so many rock stars have done in the past.

They were taking a prescribed drug. A drug that doctors apparently pass out with little regard for the potential consequences. A drug from which pharmaceutical companies reap profits that rival a cartel.

All of them are now dead and all were killed by Fentanyl.

Tom Petty, who was prescribed this medication for chronic pain from a broken hip, simply wanted to keep touring, and the pain was preventing him from performing. Unfortunately, the potential for abuse with any pain killing medications is a real concern. With Fentanyl, it is especially so.

Fentanyl is a highly addictive and extremely powerful drug that mimics the effects of heroin. It is regularly mixed with heroin because it is very cheap to manufacture, significantly increasing the potential profits of dealing heroin. The Federal Government estimates as much as 70% of the heroin they seize is now laced with Fentanyl.

And while the tragedy surrounding the untimely deaths of beloved musical icons is painful, it is a drop in the bucket of death when compared with loss of life among the thousands of average people who have died because of this scourge.

This is truly a problem of epic proportions for society as a whole, and it’s being caused by the very people and agencies who are supposed to be looking out for, We, the People.

Fentanyl prescriptions almost always lead to abuse, and once the prescription runs out, people who have become addicted often turn to illegal substances like heroin to fill their need.

Talk about a Gateway Drug!

And it’s FDA approved.

The Federal government thinks marijuana is a problem, but Fentanyl is okay.

The facts make this position untenable.

The arguments against legalization of marijuana are becoming increasingly absurd, bordering on delusional.

The government is playing both sides of the street, and they’re getting away with it.

The United States holds a patent on marijuana as a medicine for the treatment of cancer and brain trauma, yet marijuana remains a Schedule 1 drug, on par with heroin, because according to the patent holder, it has no medical efficacy.

We’ll wait a moment while you read that last paragraph again.

It can be fairly stated that at this point, the fox is truly guarding the hen house.

And meanwhile, thousands continue to die while the FDA, Attorney General, DEA and Congress continue to ignore the mounting evidence that Fentanyl is deadly and marijuana is truly the least toxic and safest of all recreational drugs. In fact, in states where marijuana is legal, the rates of opioid abuse have actually decreased by as much as 25%.

If there is a Gateway Drug, Fentanyl is it, and the gate keeper is the United States government.

This is madness and it needs to stop.

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Vinni BelfioreFentanyl: The True Gateway Drug
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Fix PAT with Pot

Pennsylvania is experiencing a budget crisis. No shock there. The state has been experiencing budget shortfalls for what seems like forever.

This morning, WTAE TV 4, Pittsburgh, is reporting on proposed legislation in the state House that would significantly cut funding for public transportation. The cuts would have a catastrophic effect on Pittsburgh public transportation.

The Port Authority of Allegheny county could lose as much as $100 million between the loss of funding coupled with the loss of revenue the proposed cuts would cost PAT through discontinued routes and service cuts.

It would mean a significant loss of jobs as well, forcing layoffs for a substantial number of PAT employees.

The loss of evening and weekend service would leave thousands in Pittsburgh without the means to get to and from work, school, doctor appointments, grocery shopping, etc. It would force PAT to raise rates (that are already among the highest in the nation) to levels that would disproportionately impact the poor and disenfranchised, as well as senior citizens who depend on buses and the T to get around town, and would leave many people stranded in outlying communities, where getting a cab or Uber is not a financially viable option for them.

There are an estimated 1 million marijuana users in Pennsylvania who spent an estimated $2.3 billion on illegal weed last year.

Translation: Pennsylvania missed out on approximately $585 million in tax revenue. That’s just one year.

That’s money that could easily solve many of Pennsylvania’s budget woes. It’s money that could go to educate kids, treatment for addiction, infrastructure repairs and, yes, keep the buses and trains running on time.

And that figure does not include the savings to law enforcement and the justice system from not prosecuting and incarcerating citizens for marijuana. It would allow them to focus on truly dangerous drugs like heroin and meth.

The state of Pennsylvania already sells alcohol. Why not marijuana? The most harmless and least toxic intoxicant there is.

 

 

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Vinni BelfioreFix PAT with Pot
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The Real Marijuana Problem: The Law. Part 1, “Tom”

The US Stance on Medical Marijuana is Confusing at BestThe legal status of Marijuana does far more harm to citizens than using it ever could.

The following story is true. The names have been changed to protect the innocent.

“Tom” goes boating with friends over the holiday weekend on the river in Middleofnowhere County.  He was excited because he had saved up his money and bought a new boat, which he was taking on it’s maiden voyage.

Pennsylvania Fish and Game officers show up and pull him over — we’re still not clear on what their initial reason was– but they end up searching “Tom” and find a whopping gram of weed and a small pipe.

Fish and Game officers policing marijuana instead of protecting Bambi and Thumper is a mystery to me, but instead of just issuing a citation on what should be a simple matter, they arrest “Tom” and the floodgates of potential life-long repercussions open wide.

Just getting arrested, let alone convicted of a crime, has immediate negative ramifications. Family, friends, and more problematic, employers, are all suddenly sources of stress.

Hiring legal representation, missing time for court dates, which are often rescheduled, further dragging out the process and the emotional stress for the accused and their loved ones.

Employers in particular are not likely to ignore an arrest, especially if there are security and safety issues at play.

A marijuana possession conviction automatically results in suspension of driving privileges and can carry substantial fines, as well as a period of probation. Worst of all, it stays on your record.  This can adversely affect employment options and even restrict one’s ability to travel abroad.

Suddenly “Tom” goes from enjoying a holiday on his new boat to facing a complete disruption of his life. All over a gram of weed.

All because of the law.

Does that sound like Justice to you?

In Part 2, we’ll talk about a young lady who could — with the help of the police– graduate from marijuana to heroin in a most unexpected way.

 

 

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Patrick NightingaleThe Real Marijuana Problem: The Law. Part 1, “Tom”
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Marijuana: Flying in the Face of “Equal Protection Under the Law”.

marijuana law reformWARNING: The following story might make you angry.

An epileptic woman from Michigan visits a relative in Pennsylvania.  She had moved to Michigan from Pennsylvania because medicinal cannabis was the only medicine that was working to alleviate her seizures.  Her husband is her caregiver, and he uprooted his whole life to move his wife to a state where she could legally take medicine for a documented medical condition.  That’s how much he believes in the efficacy of medicinal marijuana, based entirely on his own experience caring for an epileptic.

She has a medical card from her state of residency.  She has a medical condition that qualifies for treatment under Pennsylvania’s Act 16.  For her, in her mind, this is simply medicine.  It’s no different– in her mind– than carrying a vial of prescription medication in her purse.

Unfortunately, her original arrest happened before Act 16 became a reality, in a county where they are not prone to cutting breaks for marijuana possession.

In Pittsburgh, a small amount possession charge is a ticket. No cuffs, no jail, no court appearance. A ticket. Pay the fine and it’s done.

In many of the rural counties surrounding Pittsburgh, a marijuana charge can be catastrophic.  It can affect a person’s ability to get certain jobs. It can impact things like insurance rates and school loans. It often results in the loss of driving privileges. For a young person, it can ruin their life before it gets started.

In this instance, it’s penalizing someone for legally treating her legitimate medical condition, all because she’s in a different state in the same “One nation, under God”.

As was mentioned earlier, this was the original charge, but it gets worse.

Because the county elected to pursue this through the court system, as opposed to just reducing it to a disorderly conduct with a fine, they released her, but an appearance in court before a judge was required.  This meant the woman had to travel from Michigan back to Pennsylvania, all over a simple possession charge.

Unfortunately this woman never received her court papers. She thought they had taken mercy and dropped the charges, and so she never appeared in court. It was an honest mistake resulting from either a clerical error or simply, a lost piece of mail.

Missing a court date is never good, and even in what began as a minor offense becomes magnified and can make an otherwise routine situation much worse. It opens a person up to additional charges, and will result in the issuance of a “Bench Warrant”.

A Bench Warrant does not offer any specifics as to what the person was charged with, so a police officer who discovers a warrant will treat any such situation as potentially life threatening.  In this instance, the discovery of the warrant occurred in Ohio, where the woman had been pulled over in a traffic stop and she was once again found to possess marijuana. Ohio recently decriminalized marijuana, but because of the warrant, instead of getting a ticket and being sent on her way, she was arrested, taken to jail and held for over a week until she could be extradited back to Pennsylvania.

All because she had a small possession charge, even though she had a state issued medical card for treating epilepsy, which is recognized in Act 16 as a legitimate qualifying condition.

Fortunately the authorities have since realized this is a classic mountain out of a mole hill scenario and have released the woman to the care of her husband. But the story isn’t over. She still has to come back to Pennsylvania for another court date, retain an attorney, and spend even more money than she’s already spent.

What should have been a simple fine turned into a nightmare for this woman and her family that cost a lot of money for them and for the tax payers of Ohio and Pennsylvania.

All because of a minor marijuana possession charge.

Does this sound like justice to you?

 

 

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Patrick NightingaleMarijuana: Flying in the Face of “Equal Protection Under the Law”.
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Medical Cannabis Convention and Expo 2017 Wrap Up

The first ever Pennsylvania Medical Cannabis Convention and Expo was held April 21 & 22 at David L. Lawrence Convention Center in Pittsburgh. The event was a tremendous success with over 2500 tickets sold.

Many visitors from Pennsylvania and across the nation gathered to explore the rapidly growing medical cannabis business landscape including growers and providers as well as support services representatives.

Pennsylvania Medical Cannabis Society was one of the sponsors and they had KDKA 1020 AM on hand for the first day of the conference with radio personality Mike Pintek doing his show live with special guest co-host, attorney and well-know cannabis activist Patrick K. Nightingale.

This was a great opportunity for those interested in becoming active in the medical cannabis business to meet with and learn from industry professionals.

Attorney Andrew Gross, of Nightingale, Gross & Patterson, LLC, said he is very pleased to be a part of this growing industry. “It’s very exciting to be on the ground floor in a business that can help so many people in need of medicine” said Mr. Gross, adding, “There are many legal and business aspects which need to be addressed by those intending to start a medical cannabis business. Our firm is providing those support services. Everything from entity formation and real estate acquisition/development to licensing and regulatory issues.”

Those who are seriously considering a medical cannabis venture can contact Andrew Gross at 412-553-0140 to schedule a consultation with Nightingale, Gross & Patterson, LLC.

We would like to thank everyone involved in this year’s conference and look forward to working with you in the future to bring this much needed medicine and economic development to Pennsylvania.

 

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Patrick NightingaleMedical Cannabis Convention and Expo 2017 Wrap Up
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The Applications Are In: Medicinal Marijuana in Pennsylvania is One Step Closer to Becoming a Reality

MarijuanaThe applications are filled out and submitted. The hoops are being jumped. The regulations in theory are becoming a reality.

Medicinal Marijuana is becoming a reality in Pennsylvania.

The growers and dispensaries are awaiting the results of which will be selected by the Department of Health to begin the task of bringing this valuable medicine to the citizens of Pennsylvania.

Children suffering from seizures will finally get the medicine they need. Cancer patients will finally have a natural alternative to pharmaceutical synthetic medication.

The ball is now in the State’s court. They have to stay on top of this.

For the most part, they have done a good job of identifying medical conditions that qualify under the admittedly narrow scope of the law, and it is truly a step forward for those in need of this valuable medicine.

One area where the State needs to be more proactive is certification of testing labs. At the time of this writing, there is yet to be any labs certified.

That said, there is so much more work to be done regarding full legalization.

Marijuana is the most harmless of all intoxicants, including cigarettes and alcohol. (Yes, cigarettes qualify as an intoxicant.)

Like anything that brings us pleasure– booze, weed, cupcakes– moderation is needed to maintain a healthy life balance and avoid the consequences of abuse.

Sitting on the couch all day smoking weed, watching TV and eating Doritos is not healthy, but is it somehow okay with beer instead of weed?

Is getting high and falling asleep watching Star Trek somehow worse than getting into a bar fight because you’ve had too much to drink and the Steelers lost?

The issue of abuse is no more tied to marijuana than it is to Hostess Twinkies.

It is time for we as a society step forward into the 21st Century and let go of the anti-marijuana propaganda of the past.

That is why Pittsburgh NORML is hosting a bus trip to Harrisburg April 19 to the Rally for legalization. Plus, on April 1, join Pittsburgh NORML for a LIVE Facebook broadcast at the Musicians Hotsheet Showcase at The Funhouse at Mr. Smalls.

Let’s continue to work for total legalization in Pennsylvania.

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Patrick NightingaleThe Applications Are In: Medicinal Marijuana in Pennsylvania is One Step Closer to Becoming a Reality
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President Trump and Legalization: What Now?

Since the election of President Trump, we have received many questions about how this could impact the legalization of Marijuana.

So far, nothing definitive has been said by this administration on the subject, and Trump himself has been ambiguous as to the future of legalization.

In the past, Trump has said that he feels it’s an issue that should be determined on a state by state basis. This would suggest his administration may continue the “look the other way” approach of the previous administration.

But what about our new Attorney General?

There is widespread concern regarding the nomination and expected confirmation of Jeff Sessions (R-Alabama) for Attorney General, as many people feel his confirmation does not bode well for the legalization movement.

Sessions has repeatedly made it clear that he is against any attempts to reschedule marijuana, and has hinted he would go after anyone breaking federal law, which ultimately supersedes state law.

How this will impact states where there has been reform is difficult to say. Will Sessions shut down states with full legalization like Colorado? Will he go after medicinal states as well?

At this time, we just don’t know.

Legalized marijuana, both medicinal and recreational, is currently a six billion dollar industry, and that doesn’t include California’s recent legalization of recreational use.

A majority of states already have some type of reform in place– medicinal, decriminalization and/or recreational use. Whether or not this administration is prepared to absorb the financial repercussions of prosecution remains to be seen.

Beyond that, the loss of tax revenue, and the overall economic impact of shutting down one of the fastest growing industries in the country, would give anyone pause.

And that is the one hopeful aspect of all this. President Trump is a businessman who ultimately recognizes a good deal when he sees one.

Let’s all hope “The Art of the Deal” is more than just a book title.

 

Click Here for a complete state by state listing for medical and recreational marijuana reform information.

 

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Patrick NightingalePresident Trump and Legalization: What Now?
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Motion to Declare Pennsylvania’s Schedule 1 Classification Unconstitutional Motion Presented

marijuana law reformToday, I presented a Motion in the Court of Common Pleas of Allegheny County seeking to have PA’s Schedule I classification of cannabis deemed unconstitutional in light of PA’s medical cannabis law.

This is a clear conflict between the Constitution and State — as well as Federal– law.

The medical efficacy of marijuana has been established in Pennsylvania with the passage of our Medicinal Marijuana legislation, hence the Schedule 1 classification is in direct conflict. We are contending that this is a violation of citizens constitutional right to equal protection under the law.

A major element of the Schedule 1 classification is that in order to be so classified, a drug has no medicinal value at all.

Pennsylvania’s new Medicinal Marijuana legislation flies in the face of Schedule 1, as it lists seventeen qualifying medical conditions for which marijuana is an effective treatment option.

I will be briefing the issue to the Court. If anyone is interested in submitting an Amicus — attorneys, advocacy groups, etc.– please feel free to message me at pknlaw@mac.com.

I would also like to express gratitude to Allegheny County Judge Borkowski for taking this issue seriously and allowing this Motion to be read into the record.

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Patrick NightingaleMotion to Declare Pennsylvania’s Schedule 1 Classification Unconstitutional Motion Presented
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Medicinal Marijuana: A Status Update

marijuana law reformThe initial excitement expressed over the passage of Pennsylvania’s medicinal marijuana legislation has led to some fallacies regarding how the law works.

It has also opened the doors to various scams, intended to capitalize on that initial excitement.

Let me be absolutely clear on this first point: Marijuana is still illegal in Pennsylvania. Until Act 16 is fully implemented merely having a qualifying medical condition under the new law won’t prevent anyone from being arrested and prosecuted for possessing marijuana.

Which brings up my next point. Smoking marijuana is not covered under the new medicinal law, which applies only to medically approved delivery methods such as oils, topical, salves and pill form.  The Department of Health MAY add dry herb as a permissible “medical marijuana product” in 2018, but smoking will remain prohibited as a delivery method.

It is medicine, and is being treated under the law with the same medical and pharmaceutical oversight as any medicine introduced to the marketplace.

Doctors are being trained and certified to recommend medicinal marijuana under very strict guidelines, none of which relate to recreational use.

Only a physician who has been trained and is certified to practice medicine in Pennsylvania will be allowed to make a recommendation.  Prior to considering a medical marijuana recommendation, however, the physician must complete a 4 hour training course and must register with the Department of Health.  A physician recommending medical cannabis may not have a financial interest in a licensed medical cannabis facility such as a grow or a dispensary.

Growing marijuana is still illegal. Claiming a grow operation is for medicinal use is not a defense. Medicinal growers will have to be licensed and regulated by the commonwealth. The process of obtaining a growers license is very strict and very costly.  The application process alone may cost the license winner millions before a single seed is planted.

Finally, a physician MUST have a bona fide physician patient relationship with the patient.

In order to get a recommendation, patients must have a physician patient relationship with their recommending treatment provider.  Because the Department of Health has not yet certified the training requirements for physicians no PA physician can yet make a medical cannabis recommendation to their adult patient.   Any “physician” who offers to do so at present– especially for a fee– is breaking the law.

For more information on medicinal marijuana, we suggest contacting a legitimate organization such as the Pennsylvania Medicinal Cannabis Society with questions regarding prescribing and producing medicinal marijuana.
Visit http://www.pamcs.org for more information.
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Patrick NightingaleMedicinal Marijuana: A Status Update
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Martavis Bryant: Chronic Pain or Just Chronic?

The US Stance on Medical Marijuana is Confusing at BestWhen it was announced last week that Pittsburgh Steelers wide receiver Martavis Bryant was being suspended for a whole season following a failed drug test, the assumption was he had marijuana in his system. In truth, he missed not one, but two scheduled drug tests, which defaults to a failed test.

This is not the first time Bryant has run afoul of the NFL’s “Zero Tolerance” policy for drug abuse. He was previously suspended for four games under similar circumstances. Remember kids; a missed appointment for a drug test = a failed test. It works that way for anyone on probation, parole, etc. By missing not one, but two tests, Bryant opened the door to much speculation about why he was suspended, yet the truth is, we don’t actually know if he was using any drugs at all.  He was never tested.

Steelers President Art Rooney II, in what appears to be an appeal to compassion, has called for getting Bryant, “…the help he needs…” for the drugs we don’t actually know he was taking. Okay…

But what if that help includes medicinal marijuana?

Bryant, who, admittedly, is still a very young man, is employed in a professional sport that regularly includes violent physical collisions, resulting in long term physical debilitation, multiple concussions and the attendant problems, both physical and emotional, that accompany the normal physical stress and wear that is a natural result of a career in the NFL.

The media has been rife with stories of NFL players, many of them Hall of Famers, who are now dealing with the severity of the physical trauma they experienced while ‘playing a game’. But the NFL is no game to them. It is an intensely physical contest between players of gladiatorial strength and it punishes players long after they hang up their cleats.

As public acceptance of the validity of medicinal marijuana continues to grow, and the political realities of legalization begin to creep into the mainstream conscious, many businesses are having to face some decisions regarding where their contractual obligations for their employees are beginning to clash with the law.

If an NFL player in Colorado wants to use legal marijuana, on their own time, for personal recreational purposes, does the League still have the right to say they can’t?

After all, many professions require clean drug tests to get and keep a job– Airline Pilots, Truck Drivers, Police Officers, Firemen, jobs within the security sector. What makes an NFL player any different?

There are still many unanswered questions surrounding legal marijuana. There is currently no reliable test to determine impairment in the way a blood test can determine blood alcohol levels, yet that hasn’t stopped municipalities from charging motorists with DUI for marijuana, based mostly on possession and the observations of the arresting officer.

Not exactly a scientific approach.

But what happens to an NFL player if his doctor prescribes marijuana as a treatment option? Does the NFL have the right to deny their employees legal medicine?

Players are routinely prescribed medications that could easily be abused or result in an arrest. There are plenty of people in court who were charged with DUI for their prescriptions. Something like Oxycontin is a very powerful drug that can and does impair the senses of those taking it. People taking it probably shouldn’t be driving, but that’s a separate issue.

If a player’s doctor prescribed Oxycontin, then the NFL has to accept that one or more of their players is in a position to abuse their medication, but they do not have the right to tell them they can’t take it. They can only act if that player abuses that medication, resulting in an arrest or an accident. The NFL is not a medical board. They do not have the right to independently determine what constitutes medicine and what doesn’t. They cannot and should not be allowed to override the determinations of a licensed physician, regardless of their personal or professional stance on the issue.

Some states with legal medicinal marijuana have built in protections for patients who are prescribed marijuana, to ensure they are treated fairly by both law enforcement and in their workplaces.  Pennsylvania’s law would provide employees protection from employer discrimination for using medicinal cannabis. A person who has a prescription for marijuana cannot be fired for using marijuana in a state where it’s legal, unless they are actively abusing it on the job. It’s generally a bad idea to show up for work stoned or drunk, so I think there’s some common sense in all this to protect the employee, the employer and the general public welfare. It makes sense that a Train Engineer should be sober when operating the train. We get that.

There’s no doubt there is still some legal grey areas involving medicinal marijuana where employment is concerned, especially in companies that operate in all 50 states. An NFL player from Denver who is traded to a team located in a state where marijuana is still 100% illegal, for example. Where do their rights to fair treatment come in to play? That player has a legal prescription, yet is still subject to arrest for using that medication outside the state in which he resided when prescribed the medication.

The question then becomes, does the NFL, or any employer, have the right to tell their employees which medications their physician can or cannot prescribe them, regardless of the State in which the prescription is written?

Maybe Bryant just wants to burn one with his friends, but the odds, and the statistics, suggest it’s equally possibly this young man is already experiencing the effects of the physical trauma associated with a career in the NFL.

The NFL needs to take a fresh look at an outdated policy that denies players any medically valid treatment options, or medicine, to repair or at least alleviate the chronic debilitating physical conditions brought on as a direct result of their employment conditions.

Medicinal marijuana is becoming legal in Pennsylvania soon. Maybe it’s time for Mr. Rooney to take the lead on this in the League, if he truly cares about the players and wants them to get the help they need, as he says.

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Patrick NightingaleMartavis Bryant: Chronic Pain or Just Chronic?
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