A woman’s rights were grotesquely violated in a court of law and we demand justice.
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The legal system must be devoid of malevolent judges. The days of lawmakers inserting dangerously misguided and out of touch judges in the Virginia courts are over. Richmond are you listening?
This is a travesty of justice and it is a clear example of how cannabis laws create the opportunity for diabolical extra-judicial overreach. This judge was looking for a reason to mess with this woman, and as we see time and again with arrests and prosecutions, cannabis law is a convenient tool for those who seek to use their power to achieve their personal unscrupulous and excessive agenda.
We can see he isn’t taking this seriously. He’s cracking jokes and trying to gloss over his behavior. It’s clear he doesn’t grasp the extent of his judicial overreach. He is unapologetic on the day he needed to make an apology.
BACKGROUND:
Lisa Sales: No faith in judge who abuses power
WUSA9: Months before he threw a domestic violence witness in jail, Loudoun judge summarily detained a divorce lawyer
Richmond Times-Dispatch: Loudoun judge faces backlash after contempt finding against domestic assault witness
NBC Washington: Virginia Woman Jailed for Pot Use Before Abuse Hearing Wants Charge Dropped
Posted on September 17, 2021September 22, 2021
Join Virginia Marijuana Justice for our special October Zoom Sesh! Hang out with like-minded individuals across the Commonwealth and get the latest on the dopest info! The Sesh will commence at 7:10pm on Wednesday, October 20, 2021. Help spread the word by inviting some friends on Facebook!
Click here to register to attend!(Registration is required)
Posted on September 16, 2021
Press Release: Virginia Marijuana Justice Wants Gov. Northam to Release Cannabis Prisoners
For Immediate ReleaseThursday, September 16, 2021
Contact: RachelRamone Donlan(339) 225-2855, Rachel
RICHMOND — Virginia Marijuana Justice (phauthuathammat.com), the cannabis legalization group that handed out more than 20,000 seeds to thousands of Virginians around the state to mark the July 1 end of prohibition, is launching an effort to press Gov. Ralph Northam to release nonviolent cannabis “offenders” from prisons during the final months of his administration.
“We want to know when nonviolent cannabis ‘offenders’ will be released from prison,” said Lennice Werth, co-founder of phauthuathammat.com. “Although we are very pleased to see that clemency for nonviolent cannabis ‘offenders’ has made it into the law, we still have not yet seen our friends return home. They should not have to suffer in jail, waiting and being punished like a criminal.”
In the letter sent Monday to Gov. Northam, the group thanked him for his important work reforming marijuana laws that, “for years, have hurt cannabis consumers and have torn families apart for a victimless and nonviolent act,” but emphasized there is much more he must do right now.
The group wrote in its letter to Gov. Northam, “We do, of course, want to see the law go into full effect and for the entire community to benefit from your work. It is a significant part of your legacy as governor.“
phauthuathammat.com is waiting to hear back from Gov. Northam, but in the meantime the group began an outreach effort aimed directly at Gov. Northam to drive home the point they intend to see this through. From “High Noon to 4:20 PM” today (Thursday) phauthuathammat.com will call into Gov. Northam’s office to urge him to free the nonviolent incarcerated men and women, who never deserved to be behind bars in the first place. Future action to help persuade the governor to do the right thing is under consideration.
phauthuathammat.com is politely but adamantly insisting that Gov. Northam explain what his plan is for emptying the prisons of cannabis users, freeing them as well as the taxpayers of Virginia, who pay to house inmates that have not committed a crime under the new law.
Even President Biden announced this week that the federal government has begun the process of clemency for those prisoners of the failed drug war that were released to home confinement during the pandemic. There is no reason Gov. Northam can’t do the same.
“Before we start making money off of legal marijuana, let’s free our cannabis prisoners,” said Michael Krawitz, co-founder of phauthuathammat.com and U.S. military veteran. “The ultimate insult is to be in prison for something that people on the outside are doing legally.”
Krawitz noted, “Veterans use cannabis to deal with post-traumatic stress when they return home. Twenty-two veterans each day commit suicide from the stress. We ask that they please be released from prison, as promised, and allow them to heal.”
phauthuathammat.com co-founder Werth added, “Minorities are disproportionately targeted by the propaganda-driven War on Drugs. Now is the time to release them from jail. Thousands of Virginians all around the state will celebrate to be reunited with men and women that are husbands and wives, sons and daughters, mothers and fathers and friends.”
Cannabis has been legalized for home cultivation and possession in Virginia, and a clemency provision was written into the law to allow the release of nonviolent cannabis “offenders.” Yet many good people of Virginia remain incarcerated.
“It’s time to release nonviolent cannabis prisoners from the shackles of the failed and malevolent War on Drugs, and we must do the same for anyone that has been sent back to prison for simply testing positive for cannabis,” Werth said.
phauthuathammat.com is urging its volunteers and supporters to reach out to President Biden and the Department of Justice to urge the federal government to speed up its timeline for clemency for nonviolent cannabis prisoners in federal lockups.
phauthuathammat.com volunteers and supporters plan to attend the National Mobilization to Legalize Cannabis, organized by flagship group District of Columbia Marijuana Justice (DCMJ), on Sept. 28 at the Russell Senate Office Building on Capitol Hill.
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Click here to download a PDF of this press release.
Posted on September 13, 2021
Clemency Request Letter to Governor Northam
September 13, 2021
The Honorable Governor Ralph NorthamP.O. Box 1475Richmond, VA 23218804-786-2211Commonwealth of Virginia – Contact the Governor’s Office
Dear Governor Northam:
Virginia Marijuana Justice volunteers would like to take this opportunity to thank you for your important work with reforming laws that, for years, have hurt cannabis consumers and have torn families apart for a victimless and non-violent act. We feel that your office has heard our message on many aspects of this law. We do, of course, want to see the law go into full effect and for the entire community to benefit from your work. It is a significant part of your legacy as governor.
Cannabis has been legalized for home cultivation and possession in Virginia, and a clemency provision was written into the law to allow the release of nonviolent cannabis “offenders.” However, many good people of Virginia remain incarcerated. It’s time to release non-violent cannabis prisoners from the shackles of the failed and malevolent War on Drugs. We must do the same for anyone that has been sent back to prison for simply testing positive for cannabis on a drug test.
As you know, minorities are disproportionately targeted by the propaganda-driven War of Drugs. Now is the time to release them from jail. Thousands of Virginians all around the state will celebrate to be reunited with men and women that are husbands and wives, sons and daughters, mothers and fathers and friends. Often, veterans use cannabis to deal with the post traumatic stress when they return home. Twenty two veterans each day commit suicide from the stress. Please release them all and allow them to heal.
We’d like to know about your plan to move forward on granting clemency to all people incarcerated for cannabis From probation violations for drug tests to possession, cultivation, and distribution of cannabis, we want our friends released to go home to their families. We do not want our taxpayer dollars keeping non-violent citizens incarcerated for cannabis. We hope we have your continued support on these important criminal justice reforms.
Solidarity,Virginia Marijuana Justice phauthuathammat.com
Click here to download a PDF of this letter
Click here participate in the Cannabis Clemency Call-A-Thon
Cannabis has been legalized for home cultivation and possession in Virginia. Clemency was written into the law to allow the release of nonviolent cannabis “offenders”, however many of those good people remain in prison. It’s time to release those cannabis prisoners of the War on Drugs as well as anyone that has been sent back to jail for a violation simply because they tested positive on a cannabis drug test.
Join us on Thursday, September 16, 2021 from High Noon to 4:20pm and let the Virginia Governor Northam know that there is more work to be done. Let’s get those phones ringing to remind the Governor to finish his work on this issue before he leaves office.
Take the opportunity to also call our President and the Dept. of Justice to ask for clemency for Federal non-violent cannabis “offenders”.
Help us spread the word by inviting friends and sharing the graphic above!
Join Virginia Marijuana Justice for our special September Zoom Sesh! Hang out with like-minded individuals across the Commonwealth and get the latest on the dopest info! The Sesh will commence at 7:10pm on Wednesday, September 15, 2021. Help spread the word by inviting some friends on Facebook!
Click here to register to attend!(Registration is required)
Join Virginia Marijuana Justice for our special August Zoom Sesh! Hang out with like-minded individuals across the Commonwealth and get the latest on the dopest info! The Sesh will commence at 7:10pm on Wednesday, August 18, 2021.
Click here to register to attend!(Registration is required)
Join Virginia Marijuana Justice for our Inaugural 420 Zoom Sesh! Hang out with like-minded individuals across the Commonwealth and get the latest on the dopest info! The Sesh will commence at 4:19pm on Wednesday, July 21, 2021.
Click here to register to attend!(Registration is required)
CANNABIS IS NOW LEGAL IN VIRGINIA!
We hope you were able to score some seeds today! We know many of you were unable to because there was such a huge demand across the entire state. We estimate that phauthuathammat.com volunteers gave away about 20,000 seeds today. We hope to do this again in the future, so please get involved with Virginia Marijuana Justice!
Germinated Cannabis Seeds!
GERMINATE THOSE SEEDS!
Now that (most) of you have cannabis seeds, you might want to know what to do next. Maryland Marijuana Justice co-founder, Kris Furnish, made a short video to help. Click here to watch the video on Facebook.
View of the line outside the Rosslyn Metro Station
KNOW THE LAW – GROW THE LAW
We want everyone who is growing their cannabis to do so without fear of arrest or prosecution. The best way to do this is to know the law. There are already a few FAQs available online.
The state of Virginia doesn’t make it easy to find the actual text of the law that was passed. They would rather you read summaries on their website than actually know what the law says. If you haven’t yet, we recommend downloading the PDF of the law for your own personal records.
Thankfully the home cultivation section is pretty short (see below) and you don’t need to be a lawyer to understand it. The rest of the cannabis law deals with the business side and what you can and cannot do with your legal cannabis. These sections are all important if you plan on opening a licensed business in Virginia.
Right now, only New York legally allows public consumption of cannabis, everywhere else, including Virginia, cannabis can only be consumed at a private residence. We believe that the police are going to continue to enforce cannabis laws where they can, so don’t consume cannabis in your car, at a bar, on the sidewalk, or at a park, only at a home.
Public consumption is the easiest way to get in trouble with the law now that cannabis is legal. Worse, a bag of cannabis in your pocket can be construed as an “open container,” so it’s best to keep your cannabis in the trunk of the car when bringing your home grown cannabis to a friend’s place.
Here’s the Home Cultivation Law Summarized:
When you start your home grow on July 1, you can only germinate 4 seeds. You might have 2 extra. Those are in case a seed or two does not germinate. You can only grow your cannabis at your primary residence. Meaning, you can’t grow 4 plants at one house and another 4 plants at another house you own.
THAT’S IT! Germinate 4 seedlings, tag them, grow them out of sight and away from folks under 21 years of age, don’t make concentrates, and don’t grow too many plants.
Tagging them when the seeds are in the soil can be done by writing the information on a post-it note and taping on the vessel the seed is growing. When they get large enough, you should tag the stalk of the plant.
ARE YOU A RENTER? – If you are a renter, your landlord can add an addendum to you lease prohibiting you from being able to grow cannabis. It’s their rental unit and they can call the shots. Lease says no pets? It’s the same logic. Read your lease thoroughly before you sign it, because there might be a stipulation that prevents you from growing cannabis.
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HERE’S THE ACTUAL TEXT OF THE LAW TAKEN FROM PAGE 156:
§ 4.1-1101. Home cultivation of marijuana for personal use; penalties.
A. Notwithstanding the provisions of subdivision c of §18.2-248.1, a person 21 years of age or older may cultivate up to four marijuana plants for personal use at their place of residence; however, at no point shall a household contain more than four marijuana plants. For purposes of this section, a “household” means those individuals, whether related or not, who live in the same house or other place of residence. A person may only cultivate marijuana plants pursuant to this section at such person’s main place of residence.
B. A person who cultivates marijuana for personal use pursuant to this section shall:
1. Ensure that no marijuana plant is visible from a public way without the use of aircraft, binoculars, or other optical aids;2. Take precautions to prevent unauthorized access by persons younger than 21 years of age; and3. Attach to each marijuana plant a legible tag that includes the person’s name, driver’s license or identification number, and a notation that the marijuana plant is being grown for personal use as authorized under this section.
C. A person shall not manufacture marijuana concentrate from home-cultivated marijuana. The owner of a property or parcel or tract of land may not intentionally or knowingly allow another person to manufacture marijuana concentrate from home-cultivated marijuana within or on that property or land.
D. The following penalties or punishments shall be imposed on any person convicted of a violation of this section:
1. For possession of more than four marijuana plants but no more than 10 marijuana plants, (i) a civil penalty of $250 for a first offense, (ii) a Class 3 misdemeanor for a second offense, and (iii) a Class 2 misdemeanor for a third and any subsequent offense;2. For possession of more than 10 but no more than 49 marijuana plants, a Class 1 misdemeanor;3. For possession of more than 49 but no more than 100 marijuana plants, a Class 6 felony; and4. For possession of more than 100 marijuana plants, a felony punishable by a term of imprisonment of notless than one year nor more than 10 years and a fine of not more than $250,000, or both.
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ADULT SHARING!
You can give up to an ounce of cannabis (including seeds!) to other adults but you CANNOT make a transaction. This portion of the law aimed to close the “gifting loophole” in Washington, DC’s Initiative 71.
Our read on the law is that as long as the cannabis weighs under an ounce, you can give it away to another adult. This means you can give one cutting, under an ounce in weight, to a friend to grow their own plant. We recommend doing this after the sex is ascertained.
More importantly, sequester any newly obtained cannabis cuttings or seedlings for at least two weeks before adding it to the rest of your plants. There may be bugs or pathogens on the new plant, which can damage your other plants. After two weeks, you should know if the new plant is okay.
HERE’S THE ACTUAL TEXT OF THE LAW TAKEN FROM PAGE 156:
§ 4.1-1101.1. Adult sharing of marijuana.
A. For the purposes of this section, “adult sharing” means transferring marijuana between persons who are 21 years of age or older without remuneration. “Adult sharing” does not include instances in which (i) marijuana is given away contemporaneously with another reciprocal transaction between the same parties; (ii) a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or (iii) a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
B. Notwithstanding the provisions of §18.2-248.1, no civil or criminal penalty may be imposed for adult sharing of an amount of marijuana that does not exceed one ounce or of an equivalent amount of marijuana products.
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OPEN CONTAINER (OF CANNABIS)
You can’t drive around with an open container of beer nor can you drive around with a baggie of cannabis. Granted its a lot easier to drink a beer while driving than it is to consume buds in a baggie, but the law’s intent is clear: they don’t want people driving around consuming cannabis.
We suggest keeping cannabis in your trunk when driving. Will everyone remember to put their cannabis in their trunk? No. Can we not give cops a reason to pull us over? Sorta. Unfortunately, Driving While Black is still well and alive in Virginia and legalization will not end this overnight. We need to work to end racial profiling and knowing the law is the first step.
However, having clouds of smoke coming out of your car might give the law enforcement officer probable cause. And while smell alone of cannabis is not probable cause, clouds of smoke or a lit “marijuana cigarette” might give them reason to pull you over. Just don’t smoke in your car and if you want to be extra safe, keep your baggie or jar of cannabis in the trunk.
HERE’S THE ACTUAL TEXT OF THE LAW TAKEN FROM PAGE 159:
§ 4.1-1107. Using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway; penalty.
A. For the purposes of this section:
“Open container” means any vessel containing marijuana or marijuana products, except the originally sealed manufacturer’s container.
“Passenger area” means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers. “Passenger area” does not include the trunk of any passenger vehicle; the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle or any similar vehicle; the living quarters of a motor home; or the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons.
B. It is unlawful for any person to use or consume marijuana or marijuana products while driving a motor vehicle upon a public highway of the Commonwealth or while being a passenger in a motor vehicle being driven upon a public highway of the Commonwealth.
C. A judge or jury may make a permissive inference that a person has consumed marijuana or marijuana products in violation of this section if (i) an open container is located within the passenger area of the motor vehicle, (ii) the marijuana or marijuana products in the open container have been at least partially removed and (iii) the appearance, conduct, speech, or other physical characteristic of such person, excluding odor, is consistent with the consumption of marijuana or marijuana products. Such person may be prosecuted either in the county or city in which the marijuana was used or consumed, or in the county or city in which the person exhibits evidence of physical indicia of use or consumption of marijuana.
D. Any person who violates this section is guilty of a Class 4 misdemeanor.
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SMELL OF CANNABIS IS *NOT* PROBABLE CAUSE
Imagine for a second… You just got done curing your cannabis and you decide to bag is all up, and you are walking down the street with 6 ounces (which is 5 ounces more than you can legally possess!) of the dankest homegrown cannabis in your backpack and an officer smells it, detains you, asks you to open your backpack up, and sees the giant bag of cannabis, and proceeds to arrest you, the police officer will have violated the law and the case will be thrown out. Under the new law, the smell alone of cannabis is not probable cause for an officer to search you.
If you are driving in your car and an officer sees a joint being smoked, and you have 2 ounces of cannabis in your glove box, you can get busted for public consumption AND an open container. Be smart! Don’t give the police a reason to investigate your activities.
HERE’S THE ACTUAL TEXT OF THE LAW TAKEN FROM PAGE 165:
§ 4.1-1302. Search without warrant; odor of marijuana.
A. No law-enforcement officer, as defined in § 9.1-101, may lawfully stop, search, or seize any person, place, or thing and no search warrant may be issued solely on the basis of the odor of marijuana and no evidence discovered or obtained pursuant to a violation of this subsection, including evidence discovered or obtained with the person’s consent, shall be admissible in any trial, hearing, or other proceeding.
B. The provisions of subsection A shall not apply in any airport as defined in § 5.1-1 or if the violation occurs in a commercial motor vehicle as defined in § 46.2-341.4.
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ONE OUNCE COOL, BUT ONE POUND BAD
If you are 21 years of age or older, you can possess up to an ounce of cannabis in Virginia. If have more than an ounce, but under a pound, it’s a $25 fine. But if you have a pound or more, you are looking at a felony. BAD! We suggest buying a scale. You will know what your cannabis weight is quite easily and save yourself between $25 and $250,000 in fines.
HERE’S THE ACTUAL TEXT OF THE LAW TAKEN FROM PAGES 155 & 156:
§ 4.1-1100. Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; penalties.
A. Except as otherwise provided in this subtitle and notwithstanding any other provision of law, a person 21 years of age or older may lawfully possess on his person or in any public place not more than one ounce of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board.
B. Any person who possesses on his person or in any public place marijuana or marijuana products in excess of the amounts set forth in subsection A is subject to a civil penalty of no more than $25. The penalty for any violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2.
C. With the exception of a licensee in the course of his duties related to such licensee’s marijuana establishment, any person who possesses on his person or in any public place more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.
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D. The provisions of this section shall not apply to members of federal, state, county, city, or town law- enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
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There is quite a bit more in the law, but these sections are the ones we thought were important to know on Day 1 of legal cannabis in Virginia. Again, we suggest downloading the PDF of the law and making yourself familiar with it. You don’t need to be a lawyer to read laws, but you will need one if you get arrested. Knowledge is power!