All posts tagged: Patrick K. Nightingale

Ending Net Neutrality Strikes at Modern Activism

Why Net Neutrality Matters to All People

That’s really the whole point. Net Neutrality benefits ordinary people. It offers everyone a chance to research and access information on a scale that dwarfs all previous methods of communication.

More than that, it levels the playing field.

Net Neutrality stands for freedom.

Freedom of thought, of expression, of belief.

Net Neutrality has but one rule: Everyone has a voice and a chance to be heard.

The internet is as much a part of daily life as plumbing and streets. It is more than that in one aspect: It treats EVERYONE the same. We can all access it and determine what we feel has value to us.

We can choose to subscribe to a particular website if we want additional access to content on that website. Freedom of choice through access limited only by the website itself, not by one of three major corporate distribution entities and their partners, the government.

Think of it like channels on TV.

Corporations, are trying to turn the Internet into cable TV.

You’re going to pay for the channels whether you want them or not.  In fact, if you want access to channels you actually do want to pay extra  for, like Sling or Netflix, you’re gonna pay for that, too.

Even worse, the speeds at which you can stream will be limited by how much you pay, and worse still, the cable providers who control the majority of internet access, also operate their own streaming services.

Ending net neutrality will allow them to slow the streams of competing services in order to drive business to their own streaming services.

The truly disheartening part of all this is the effect it will have on ordinary people and activists in particular.

The Internet has been vital in the effort to attain legalization of medicinal marijuana. Activists can communicate easily and quickly with like minded individuals, sharing information to rally people to their cause.

Social media sites like Facebook, Instagram and Twitter are integral parts of every activists game plan.

Sites like YouTube allow activists to instantly share video and information.

Once people have to pay extra to access those sites, what will happen to activism? How much will that limit their reach and potential impact?
If corporations can arbitrarily decide who can access what, and at what speeds that access will allow, what happens to the voice of the average person?

What happens to independent news sites when they are forced to compete directly with corporate controlled major media that is owned by the service providers themselves?

What will happen to activism then?

We urge everyone to contact their congressperson and the FCC and tell them Net Neutrality matters to you. To all of us.

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Vinni BelfioreEnding Net Neutrality Strikes at Modern Activism
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Medicinal Marijuana: Side Effects May Include Drowsiness and the Munchies

Watching TV last night.

A commercial comes on for some new wonder drug “which may be right for you”.

The list of potential unwanted side effects of this drug was long and ended with, “… and in rare cases, death”.

Wow. A medication which even in rare cases could result in death… Must be a serious medical condition, right?

Wrong.

It’s a drug that helps you maintain clear skin.

Yep, it must really be better to look good than to feel good.

About ten minutes later, another commercial about prescription medications comes on, but this one is from a law firm.

“If you or someone you love was prescribed blood thinning medications Xcelroco or Prodaxa…”

Yep, big lawsuit.

Now bear in mind, all these medications were approved by the FDA.

How many of these drugs have been recalled over the years? How many serious side effects have these medications been traced to?

These medications come about because a pharmaceutical company gets a patent on a new drug. They then do clinical studies and present that information to the FDA, which in turns decides whether or not to approve said drug.

Which brings us to medicinal marijuana.

Although there is a lot of research out there about the efficacy of medical marijuana, the patent is not owned by a pharmaceutical corporation that can do clinical trials and submit those results to the FDA.

The legal status of marijuana actually inhibits clinical trials as does the fact that the patent on THC is actually owned by the United States Government.

That’s right. The same government that keeps marijuana listed as a Schedule 1 narcotic (no medical efficacy) also owns the patent on THC for it’s medical efficacy in treating cancer and brain trauma.

Hence, no clinical trials are possible.

Sounds like the fox is guarding the hen house.

Meanwhile, the FDA is approving drugs based on clinical studies they actually have no hand in administering, and many of these drugs are wreaking havoc on patients.

Contrast that with medicinal marijuana.

Zero cases of overdose.

Zero cases of death due to toxicity.

Zero dangerous side effects– unless you consider passing out in front of the TV following a Doritos binge dangerous.

One thing seems certain; We’re likely going to see many more of these lawsuit commercials regarding prescription drugs.

Fortunately, it’s highly unlikely we’ll ever see a wrongful death medicinal marijuana lawsuit.

Maybe if someone gets too high and chokes on a Dorito…

 

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Vinni BelfioreMedicinal Marijuana: Side Effects May Include Drowsiness and the Munchies
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AG Jeff Sessions Hints at Marijuana Crackdown

Attorney General Jeff Sessions is back in the news as he makes threats against legalized marijuana.

Sessions won’t disclose what his plans are, but he has indicated his strong opposition to any form of legalization, medicinal or otherwise.
This news came on the heels of a statement from President Trump addressing the opioid crisis sweeping the country.

Sessions’ comments were wreathed in a smoke screen of scare tactics and outright misinformation. Despite a growing mountain of evidence showing that marijuana actually reduces opioid use in states where it is legal, Sessions chose instead to cite outdated reefer madness hyperbole such as, “It’s a gateway drug”, and the old tried and true fear mongering of, “What about the children?”

Meanwhile, states like Colorado have seen a 25% reduction in opioid use since legalizing marijuana and, equally significant, a drop in teen use of marijuana.

As far as the children are concerned, apparently Mr. Sessions has never witnessed the dramatic results of cannabis in treating seizure disorders in children. I guess he doesn’t care about those children.

The evidence being accumulated since the legalization of medicinal and recreational cannabis in over half the States in the U.S. is impossible to ignore.

Unless you’re a 70 year old Attorney General who places personal feelings over actual justice, or a grotesquely overweight Chris Christie.

The Governor of New Jersey is Chairman of the White House’s Commission on Combating Drug Addiction and the Opioid Crisis.

Governor Christie last week called upon the President to reject any efforts to acknowledge marijuana’s promising role in mitigating opioid abuse and dependency, and ignoring peer reviewed studies showing marijuana has efficacy in combating opioid addiction.

The commission released the following statement:

“The Commission acknowledges that there is an active movement to promote the use of marijuana as an alternative medication for chronic pain and as a treatment for opioid addiction. … There is a lack of sophisticated outcome data on dose, potency, and abuse potential for marijuana. This mirrors the lack of data in the 1990’s and early 2000’s when opioid prescribing multiplied across health care settings and led to the current epidemic of abuse, misuse and addiction. The Commission urges that the same mistake is not made with the uninformed rush to put another drug legally on the market in the midst of an overdose epidemic.”

Reality Check:

“K” is a paramedic in the city of Pittsburgh. Because of the nature of her work, she asked we don’t use her real name.

“K” has 10 years of experience and has never encountered a single instance of a marijuana overdose. Her biggest concern is marijuana being laced with other drugs.

“We sometimes see marijuana laced with embalming fluid or PCP” said K. “Often the person smoking doesn’t know what they’re being given.”

The fact that 29 States have legalized some form of medicinal cannabis means there is a wealth of evidence being accumulated showing the efficacy of medicinal cannabis. Instances like “K” talked about shows the need for regulation, so consumers don’t end up with tainted marijuana.

Ironically, it is the commission itself using outdated information to support an untenable position in the light of the many peer reviewed studies that are currently available.

NORML has assembled a list of studies here:
http://norml.org/marijuana/fact-sheets/item/relationship-between-marijuana-and-opioids

We urge President Trump to reject the advice of his commission and allow States and the medical community to continue providing this valuable medicine to patients who need it.

As of last week, a new poll shows a record number of Americans now favor legalization of marijuana (62%) and it’s no wonder the public is coming around. In States where it’s legal, business is booming, bringing those States desperately needed revenue, much of which ironically goes to fight and treat opioid abuse.

President Trump is pro business and anti-crime. Marijuana legalization addresses both those concerns while providing medicine to people who need it.

Perhaps the President’s commission chair, Governor Christie, should check out the U.S. patent office, where tucked away in a file is a patent on THC for treatment of cancer and brain trauma.

The patent is owned by the United States of America.

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Vinni BelfioreAG Jeff Sessions Hints at Marijuana Crackdown
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Medical Cannabis and the Second Amendment – What are a patient’s firearms rights?

Patrick Nightingale testifying at the Pennsylvania State House.

Medical Cannabis and the Second Amendment – what are a patient’s firearms rights?
By Patrick K. Nightingale, partner Cannabis Legal Solutions

The issue of a medical cannabis patient’s Second Amendment rights is of great concern here in the Commonwealth of Pennsylvania where we have a long tradition of hunting and sportsmen.  Now that physicians are registered and patients can seek recommendations many are wondering whether they will lose their Second Amendment rights or be required to surrender their firearms.

The answers are not entirely straightforward.  Under PA law a medical cannabis patient is not prejudiced relative to firearms ownership.  Under federal law, however, that same patient risks a felony prosecution under federal firearms law.  Any patient purchasing a firearm from a licensed firearms dealer is required to execute ATF Form 4473 which, as will be discussed below, does not acknowledge medical cannabis.

Does Pennsylvania law prohibit a registered Pennsylvania patient from owning a firearm?

No.  Pennsylvania’s medical cannabis law is silent on the issue of firearm possession.  Title 18, section 6105 of the Pennsylvania Criminal Code sets forth that certain persons may not possess a firearm.  Section 6105 requires a criminal conviction.  Simple possession does not trigger the prohibitions under section 6105 unless the individual has a prior drug possession conviction.  The majority of the offenses that are set forth in section 6105 are felony level offenses.  Certain misdemeanors are also included such as second or subsequent drug possession conviction, Prohibited Offensive Weapon, Corruption of the Morals of a Minor and three or more DUI convictions.  A person subject to a Protection From Abuse order or an individual with a prior mental health commitment is also prohibited.

Does Federal law prohibit a registered Pennsylvania patient from owning a firearm?

Yes.  Title 18, section 922(g)(3) of the United States Code prohibits any individual who is an unlawful user of controlled substances from possessing a firearm.  Cannabis remains a Schedule I controlled substance and the DEA and ATF have made clear that federal law does not recognize an exception for state medicinal cannabis patients.  A violation of section 922(g)(3) is a felony with a maximum period of incarceration of 10 years.  At present the Rohrbacher-Blumenaeur budget amendment prohibits the Department of Justice from using its Congressionally authorized budget to prosecute state cannabis programs.  Even if the amendment is not included in the final budget it is highly unlikely that the Department of Justice will utilize its limited resources to prosecute individual patients under this section unless the patient is otherwise involved in a more significant violation of federal law.

Can I apply for my Concealed Carry Permit/Must I surrender my Concealed Carry Permit?

No/No.  The right to carry a concealed firearm in Pennsylvania is regulated by Pennsylvania state law.  The authority to issue a Concealed Carry Permit is vested in the County Sheriff of the county in which the individual resides.  18 Pa.C.S.A. §6109 sets forth the process for a concealed carry application and the responsibilities of the County Sheriff in reviewing applications.

One of the criteria is whether the applicant is an “unlawful user of marijuana.”  A registered patient would be a lawful user of marijuana under PA law.  Section 6109(e)(xiv) however, acts as a “catch all” and prohibits issuing a concealed carry permit to anyone otherwise prohibited under federal law from possessing a firearm.  Since any user of cannabis, whether pursuant to state law or not, violates 18 U.S.C. §922(g)(3) an application for a concealed carry permit will be denied.

At the time of writing I am unaware of any mechanism to try and revoke concealed carry permits merely because a patient is registered with the Department of Health.

Can I purchase a firearm lawfully if I am a registered PA patient?

No.  Any firearm purchase from a federally licensed firearms dealer involves the execution of ATF Form 4473. In 2016 the ATF modified the form to include the following language in question 11(e):

“Are you an unlawful user of, or addicted to, marijuana or any other depressant, stimulant, narcotic drug, or any other controlled substance?  Warning:  the use or possession of marijuana remains unlawful under federal law regardless or whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”  (Emphasis in original).

If a registered patient answers this truthfully the sale will be denied after a Pennsylvania State Police review of the form.  If the patient lies on the form in order to purchase the firearm the patient risks felony prosecution by the Pennsylvania State Police.

An ATF Form 4473 is not required for the purchase of a rifle or shotgun, but a patient would nonetheless be considered a prohibited person.

A recent Ninth Circuit case addressed the issue of an Arizona patient attempting to purchase a firearm.  The licensed firearm dealer knew the individual was a medical cannabis patient and denied the sale.  The issue went before the federal appellate court and the court held that the Second Amendment does not protect the patient where cannabis remains a Schedule I controlled substance under federal law.  The Ninth Circuit is not law here in the Third Circuit, but I do not anticipate a holding from out Court of Appeals that would grant Second Amendment rights without a change in federal law.

Unfortunately, federal law does not appear to be on the side of Pennsylvania patients.  A patient who owns firearms and/or possesses a concealed carry permit is unaffected by Pennsylvania state law but can easily run afoul of federal law if making a new firearms purchase.

For more information please contact Patrick K. Nightingale of Cannabis Legal Solutions at Patrick@cannabislegalsolutions.net

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Vinni BelfioreMedical Cannabis and the Second Amendment – What are a patient’s firearms rights?
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2017 World Medical Cannabis Conference & Expo

October 20, 2017, Pittsburgh

Patient advocacy is the cornerstone of this event, sponsored by Cannabis Certification Centers, Greenhouse Ventures and The Healing Center.

The World Medical Cannabis Conference & Expo was a well attended affair.

Dr. Bryan Doner (right) greets patients at the CCC table.

Ken Shultz, Dr. Bryan Doner (CCC) and Patrick Nightingale

We look forward to working with Compassionate Certification Centers as they help patients get the medicine they need.

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Vinni Belfiore2017 World Medical Cannabis Conference & Expo
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Marijuana Arrests on the Rise in Pennsylvania

On October 17, Pennsylvania Governor Tom Wolf announced the first medical marijuana grow facility is ready to start growing marijuana.

The PA Department of Health has approved Cresco Yeltrah to begin growing and processing at their facility in Jefferson County, PA.

Ironically, we currently have a case in Jefferson county which concerns someone who legally purchased a bag of edibles (gummies) in the State of California and is being charged with Possession with Intent to Deliver in Jefferson county– a very serious charge. Unfortunately Jefferson county officials are not as open minded about marijuana use as the location of a professional grow in their county would imply.

A marijuana arrest can follow a person their entire life, negatively affecting their ability to work, find housing and even to travel out of country.

While we see marijuana arrests declining in cities like Philadelphia, which decriminalized marijuana possession last year, and Pittsburgh, which has an unofficial decriminalization policy that results in a citation, the statewide numbers are increasing.

Between 2010 and 2016, marijuana related arrests have risen by 33% in Pennsylvania.

Even more alarming, African Americans are EIGHT times more likely to be arrested for marijuana than whites.

The fact is, usage rates among black and white citizens are about the same, yet the chart below makes it clear black citizens are being  targeted by law enforcement in a disproportionate way.

Source: American Civil Liberties Union of Pennsylvania

Regarding the new facility in Jefferson county, the Governor said the number one priority is getting medicine to the Pennsylvanians who need it.

While we applaud the Governor’s concern for patients, we can’t help but wonder why his concern for the citizens of Pennsylvania seemingly does not extend to citizens who face life long consequences for merely possessing marijuana.

According to Governor Wolf, full decriminalization and or legalization is, “not on the table” at this time.

In light of this new data, and the fact that Governor Wolf has been a vocal proponent of more sensible marijuana policies, we would ask Governor Wolf to reconsider if maybe now is the time to move forward with decriminalization of marijuana.

This is not something he can simply sign into existence, but it is something he can and should take the lead on.

From a strictly financial view, a plan for legalizing marijuana could bring in millions in revenue for Pennsylvania’s empty coffers, creating a budget surplus that would benefit all the citizens of Pennsylvania.

From a humanitarian view, that revenue could be used to help alleviate the increasing opiate crisis here at home, offering treatment options and education for young people to avoid getting hooked on these very dangerous drugs.

When a group of citizens is being singled out for arrest, apparently based on race, there is a problem for all the citizens of Pennsylvania.

Justice is, after all, supposed to be blind.

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Vinni BelfioreMarijuana Arrests on the Rise in Pennsylvania
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Patrick Nightingale Hosts West Virginia Cannabis Seminar

Patrick Nightingale displays his medical marijuana card, issued by the state of California

The first ever West Virginia medical cannabis seminar was held in Morgantown, WV., September 30 with Cannabis Legal Solutions founding partner Patrick Nightingale hosting the event.

CLS is a proud sponsor of WV Cannabis Seminar

Although West Virginia’s medicinal law is very similar to Pennsylvania, there are some differences, most notably in that there are a couple qualifying medical conditions West Virginia does not include.

Naturally, there are also state and local laws in West Virginia regarding things like zoning that may vary as well.

In addition, the actual number of available licenses is smaller in West Virginia due to a smaller population in that state.

Ultimately, Cannabis Legal Solutions has the knowledge and experience to guide our clients through the process of getting licensed, ensuring complete compliance, setting up your business, including real estate and contract legal matters, and assisting with the legalities of day to day operations in both Pennsylvania and West Virginia.

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Vinni BelfiorePatrick Nightingale Hosts West Virginia Cannabis Seminar
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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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Patient Advocacy Needs to Take Center Stage

Patrick Nightingale testifying at the Pennsylvania State House.

The passage of Pennsylvania’s Act 16 medicinal cannabis act has generated a lot of interest among the business and legal communities, offering many opportunities for a wide variety of professionals.

And it’s not just growers and dispensaries, either.

Contractors, real estate developers, lighting suppliers, medical equipment manufacturers, staffing agencies and many others have jumped into the game.

This is a multi-million dollar industry that is offering many lucrative business possibilities, yet in the rush to generate profits, it’s important those of us in this rapidly growing field bear in mind why we’re all here: Getting patients medicine they desperately need.

Cannabis Legal Services is literally built on a long track record of patient advocacy. We are extremely proud of the central role founding partner Patrick Nightingale played in bringing Act 16 to life, and it’s important we as a firm continue to be a leading voice defending the rights of patients and their doctors to choose how they treat their medical conditions.

We encourage anyone getting into the medicinal marijuana industry to make patient advocacy central in their core business philosophy.

After all, patients who need medicine are the reason we’re all in this business in the first place.

Mr. Nightingale is available for speaking engagements to assist you in educating your employees and staff.  We’ll offer sound advice and counseling when it comes to patients rights, as well as advice regarding the continually evolving business landscape of Pennsylvania’s Act 16.

Email info@cannabislegalsolutions.net for more information on booking Mr. Nightingale to be a speaker at your next business meeting or event.

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Vinni BelfiorePatient Advocacy Needs to Take Center Stage
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“Play That Funky Music, White Boy” — Censorship, Art, and the Law

Art becomes entangled with the law through censorship, resulting in unintended consequences and a perversion of justice.
This clip from the past is an example of censorship utterly destroying a work of art and even worse, altering the facts to obscure an inconvenient truth.
And still worse, the censorship of the past has spread to the justice system itself.
Today.
The back story of this song, as well as the infamous chorus line, are absolutely true. It really happened.
It is significant to note “Play That Funky Music” is the most licensed song in history. That’s how much it resonates with people, and it crosses all barriers– race, religion, politics– all become irrelevant when this song comes on.
 
This is, to me, proof that as human beings, we all have some core traits that ultimately unite us. Music and art are most often examples– expressions– of our shared humanity.
Music and art also define us as a society. History museums prove this out.
Photographs, statues, paintings, poetry, symphonies and folk songs and crude markings on cave walls– these are most often the representatives of societies throughout history.
 
Unfortunately, there are many people who can ignore this inconvenient truth, and worse, try to bury it under their own prejudice, ignoring their own humanity in the process.
 
So we can fairly say those who endorse censorship will ultimately lie and hide the truth in order to impose their morality on others.
 
The real import of this is the underlying attempt at altering history itself, in order to fit a narrative based on motivated self-interest, regardless of the stated intent.
 
This struck me as being interesting in the current climate of restricting and controlling, “The Fourth Estate” and freedom of speech itself.
 
We are currently preparing a Supreme Court case involving a Rap song which was deemed a terrorist threat to police officers, so I’m very aware of how censorship can take on a life of it’s own and work it’s way into the justice system itself.
Censorship is a cancer that spreads throughout the body politic and eventually, the legal system itself.
.Censorship is not justice.
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Patrick Nightingale“Play That Funky Music, White Boy” — Censorship, Art, and the Law
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