New Hampshire Cop Refuses To Arrest Medical Pot Patients

[mrjarrell]

Kudos to the fine officer who takes his oath seriously.

From Free Keene

From Law Enforcement Against Prohibition Member Brad Jardis, a 10+ year veteran of the NH police force (and probably the most courageous cop I’ve ever known):

Hello everyone.
As you all know, I have been cleared for duty and will be reporting back shortly. I have been re-reading the NH Constitution carefully so that when I return I am well versed.
I have come to a conclusion in reading the document I am sworn to defend: It is unconstitutional for the state to take action against a sick person who decides to use Marijuana to treat a medical condition.
I will never arrest a person who possesses, uses, grows marijuana to treat a medical condition……. and neither should any other NH LEO who intends follow his or her oath. I won’t even take it from them.
Legal argument in support of my declaration (quite simple):
-/-
1. Short of fellating the entire NH General Court and the Governor, political activists in this state have done everything to present FACTUAL evidence to support allowing sick people to use a natural substance to ease suffering. I personally have begged the General Court to not make me arrest sick people.
2. Chief DEA Administrative Law Judge Francis Young ruled in 1988:
“Marijuana, in its natural form, is one of the safest therapeutically active substances known. It would be unreasonable, arbitrary, and capricious for the DEA to continue to stand between those sufferers and the benefits of the substance.”
3. Fourteen other states (and DC) allow the sick and dying to use Marijuana as medicine to alleviate suffering.
4. Article 10 of the NH Constitution reads as follows:
Quote
[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.
5. Government prosecuting a sick person for using a scientifically proven safe substance does not “benefit,” or “protect(…),” any community.
6. Government prosecuting a sick person for using a scientifically proven safe substance IS in-fact the emolument of a class of men: pharmaceutical companies. This is proven by evidence of pharmaceutical companies fighting against medical Marijuana laws. You cant grow Oxycontin in your living room, now can you?
7. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS “absurd.”
8. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS “slavish.”
9. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS “destructive of the good and happiness of mankind.”
-/-
Conclusion: I won’t do it. Ever. Take your unconstitutional law and stuff it.
You know who I am, you know where I work, and I am not afraid of any of you. My word, my oath, is to the people: not the tyrants who want them to suffer.
- Bradley
​

 

[dross]

IMO, all drug crimes should not be crimes, with the exception of selling to children.

 

[Tryin']

IMO, all drug crimes should not be crimes, with the exception of selling to children.

I believe I'm misunderstanding this. If a hopped up cokehead swerves off the road and kills someone, there should be no consideration given to his physical and psychological condition, as is given in current DUI offenses?
I'm just curious, I'm new to the "breaking out" from "conventional wisdom".

 

[redneckmedic]

I believe I'm misunderstanding this. If a hopped up cokehead swerves off the road and kills someone, there should be no consideration given to his physical and psychological condition, as is given in current DUI offenses?
I'm just curious, I'm new to the "breaking out" from "conventional wisdom".

I am with you, but I think you missed his (Dross) point. Maybe he (Dross) should rephrase his OP to victimless crimes.

 

[mrjarrell]

I do believe Dross is talking about use, sale and possession. Someone doing what you posit is causing harm to others and is guilty of something else entirely. As for DUI, if someone hasn't caused any damage or harm for their stupidity where's the crime? If a drinker drives home safely and hasn't harmed anyone what's the beef? Happens thousands of times a day. Have a wreck and kill someone tho and you have committed a crime by driving impaired and actually causing harm. Some type of punishment is likely to result, and it should.

 

[Tryin']

[snip] Have a wreck and kill someone tho and you have committed a crime by driving impaired and actually causing harm. Some type of punishment is likely to result, and it should.

Right, this is where I was coming from. I was unclear on the extent of Dross' statement. (my fault) Thanks!

 

[gund]

I believe I'm misunderstanding this. If a hopped up cokehead swerves off the road and kills someone, there should be no consideration given to his physical and psychological condition, as is given in current DUI offenses?
I'm just curious, I'm new to the "breaking out" from "conventional wisdom".

DUI = driving under the influence. It already includes drugs like cocaine. It doesn't have to be alcohol.

 

[SavageEagle]

Well a big +1 to the officer for standing up for something he believes in. You won't see that too often in the media.

However, as far as this discussion, I'm with MrJarrell. The limit is too low. I understand if someone is swerving all over the road or causes an accident, but does the drunk driving laws really save anyone? If a drunk is going to drive drunk you're not going to stop him by making a law that says he can't. If someone's drunk you have a moral responsibility to not let him drive. IMHO of course.

I also think that those who use things like Pot are not harming anyone but themselves. I'm not too keen on legalizing things like coke and meth, but Pot and any other substance that is naturally grown and used I have no problem with.

 

[serpicostraight]

i couldnt agree more about the drug and dui laws. i was arrested in may while sitting in a parking lot of a restaurant waiting for my ride for dui. the laws and cops looking to get what ever it is they get out of making bs charges are way out of hand. however i was found not guilty so the system does work sometimes. btw does anyone know an attny that will handle false arrest lawsuits? ive contacted several but they wont even hear the details when they hear its against the police they wont take it.

 

[360]

The US could save BILLIONS of dollars a year by legalizing marijuana. It could potentially create BILLIONS of dollars in income by taxing it as well.

It's a win win situation.

 

[Ramen]

One step closing to being able to grow hemp in my yard.

Hurray for fiber, seeds, and oil! Amazing plant.

 

[theweakerbrother]

The US could save BILLIONS of dollars a year by legalizing marijuana. It could potentially create BILLIONS of dollars in income by taxing it as well.

It's a win win situation.

If would be if the government spent money appropriately. It doesn't; so the billions of dollars in earned tax revenue would dry up in worthless incentives, programs and gov't jobs that make people even more dependent on Uncle Sugar.

 

[Cygnus]

Genesis 1:11

Genesis 1:29

Interesting stuff??

 

[Kw55018]

i couldnt agree more about the drug and dui laws. i was arrested in may while sitting in a parking lot of a restaurant waiting for my ride for dui. the laws and cops looking to get what ever it is they get out of making bs charges are way out of hand. however i was found not guilty so the system does work sometimes. btw does anyone know an attny that will handle false arrest lawsuits? ive contacted several but they wont even hear the details when they hear its against the police they wont take it.

What city, I know a lawyer who loves to go up aginst the Greenwood P.D.

 

[serpicostraight]

evansville but any atty in indiana can take the case if they will get me his name and number ill call him. my atty and the judge both said you have to be driving to get a dui and i wasnt before or when i got arrested. i think of all people the cops should know the laws and abide by them.