Steve G.

Posts Tagged ‘gay’

Where Was The Libertarian Party?

In Activism, Civil Liberties, Congress, Constitutional Rights, Democracy, Democrats, Libertarian, Libertarian Politics, Medical Marijuana, People in the news, Politics, Republican, US Government on November 25, 2009 at 1:52 pm

Election Day 2009 has come and gone. Relatively speaking, this election was as insignificant as any off-year election is, as opposed to a mid-term election, but it still could have been an important year for the Libertarian Party, if we had simply bothered to show up. There were six elections / ballot initiatives which could have possibly been affected by the Libertarian Party… if we actually had a long-term strategic plan. As it is, some things happened for which it is notable that the LP had no role in. In no particular order, let’s look at where we could have had real impacts this year.

Governor’s Race – New Jersey: New Jersey voters tossed out their incumbent Democratic Governor, Corizine, in favor of Republican Chris Christie. It may have happened because Corizine is very unpopular with the citizens of his government-corruption prone state .While Christie’s election is not necessarily a bad thing, what made this election notable was that it swung on independent voters. Christie won 49% of the vote, Corizine won 44% and independent candidate Chris Dagget walked away with 5% of the vote.

Governor’s Race – Virginia: Republican candidate, Bob McConnell, with 60% of the vote, easily won election over his Democratic opponent, Creigh Deeds. For over 35 years, Virginians have consistently voted into office Governors of the opposition party to that of a sitting President, so this win might have seemed inevitable. What made this race notable for the LP is that it was again the independent voters who made the difference. In 2008, Virginia bucked its own tradition of voting for Republican presidential candidates and, instead, voted for Democratic candidate Obama. In that case, Obama won because Virginia’s independent voters were pretty evenly split between Obama and McCain. This year, however, independent voters were 2 – 1 in favor of McConnell and we can see the results from that quite easily.

Mayor’s Race – New York: In this race, Independent candidate Michael Bloomberg won a very narrow victory against his Democratic opponent, the essentially unknown City Comptroller. The name of the Democratic candidate is not important. What is important is that even with spending approximately $100,000,000 (yes, 100 million) dollars of his own money, Bloomberg only won 51% of the total vote, only 5 points ahead of his Democratic opponent. This will be Bloomberg’s third term, which was only possible because he supported changes to New York City’s term limit law, which had limited mayors to only being able to be elected for two terms. A strong Libertarian presence could have raised the term-limit issue by speaking strongly for them.

House of Representatives Race – New York’s 23rd District: What can be said here that hasn’t already been said? In what was probably the most noteworthy race of 2009? For the first time in over 150 years, this district will not be represented by a Republican. The story is remarkable. The Republican Party chose Dede Scozzafava, an NRA-approved candidate who also was pro-choice and in favor of same-sex marriage. The Democratic Party chose an un-noteworthy sacrificial lamb, Bill Owens, because the New York state House has a one person majority and they didn’t want to risk losing that majority by running their state Representative in an “unwinnable” race. So what happened? The far-right stepped in and ran their own Conservative Party candidate, Doug Hoffman, against Scozzafava. Why? Because she wasn’t conservative enough to satisfy far-right extremists, like Sarah Palin and Dick Armey. I think that this race was probably the most important this year because for what it signifies. The extreme far-right conservatives are not interested in Republican Party loyalty, they put political ideology above all else. Hoffman had no knowledge of or concern for “his” district’s local issues, he didn’t even live in that district In a move reminiscent of the worst examples of the “rotten boroughs” in British politics before the 20th century, the national leaders in the far-right conservative movement found someone whose only “qualification” was the purity of his ideology. Don’t worry though, if Hoffman HAD won, he promised that he would move into the District he would then be representing. Scozzafava eventually pulled out of the race and put her support behind the Democratic candidate. The extreme conservatives didn’t simply put their own candidate in a roll to beat the Republican candidate; they chased a loyal Republican out of the Republican Party, itself. In the end, enough loyal Republicans still voted for her that Conservative Hoffman lost. The final tally? 49% to 45% to 6%. I told you, folks… they’re eating their own.

This race, more than any other, demonstrates the collectivist desires of the extreme far-right conservatives… Local issues are not important to them; they want nothing less than to fill Congress with extreme conservative political ideologues who will put the desires of the conservative movement above every other consideration. Ideological purity is their litmus test, and having elected officials who will do the bidding of political masters instead of serving the needs of their constituents is a model for a one-party state with a collectivist government. We have seen such systems before and, trust me; their loyalty is NOT to their constituents… it is to their party. The far-right conservative extremist movement is trying to lead America down a very dangerous road.

In addition to these for elections, there were two ballot initiates that need to also be included in our summary. The first of these was the vote to overturn the law which passed the Maine legislature that made same-sex marriage legal in Maine. Drawing an immense amount of support from OUTSIDE the state, the conservatives managed to overturn that law by garnering 53% of the public vote to repeal it. The other ballot initiative we need to make note of was the approval in Breckenridge, Colorado of a law which decriminalizes all personal possession of one-ounce or less of marijuana. State and federal laws are still in place but for the first time, a city has stood up and said “it isn’t worth the government fighting to enforce those laws”. And who was responsible for this victory? If you said the Libertarian Party, you would be completely wrong. The organization that was responsible for getting 71% of the voters to approve that law was the modestly named ‘Sensible Colorado’… 71 freaking percent of the voters approved this and the LP had no hand in (and, thus, get no credit for) this win. Both of these initiatives were about personal freedom, personal MORAL freedom. If we, as Libertarians, are not the ones who can stand up for the side of freedom, then who the hell needs us?

So, what lessons should the LP learn from these elections? A couple of things. One is that being an extreme far-right, conservative neo-Republican party will not win for us. Those people are not disaffected, they are simply scared. They have their own machine and we would simply get swallowed entirely by them… and good-bye to the Libertarian Party. Another lesson is that independents really do matter. They might not be enough to win an election on their own, but that can certainly swing an election. In these elections we can all see the importance of a liberal movement. If we can mobilize it, we can win. The moderates, independents and liberals who turned out in numbers sufficient to elect Obama last year are the unmotivated and disaffected pool of voters we can turn to. There is power there, strength that is simply waiting to be utilized.

The Republicans are feeling elated about winning the two governor’s races this year. They are patting themselves on the back by seeing importance on the wrong victories. While governors might be the Chief Executives in their state, they have no role in formulating national legislation. The two House elections this year, both of which were won by the Democratic candidates, are much more significant in the larger picture of current American politics. What this says about the 2010 election possibilities is fascinating.

Candidates in reliable Republican districts will now be facing primary challenges from the far-right if they are not seen as being ideologically pure enough. Why is that important? Remember center-left Republican Senator Lincoln Chaffee of Rhode Island? He had to spend most of what he had in his campaign war chest to beat a far-right Republican opponent for the Party’s nomination. After the primary fight, he didn’t have enough money left to effectively campaign for the Senate seat, itself, and he lost to the Democratic nominee. We can look for more of this in 2010 as big money from national figures fighting for their far-right agenda will flood into the coffers of Republican candidates who aren’t seen as being conservatively pure. Any primaries in which the far-right challenger looses will leave the winner with little or no money to campaign for the actual seat or office in question.

Since Obama’s election a year ago, he has turned this country’s very active liberal base into an unmotivated “lost generation” looking for someone to give them hope. THAT is where our future lies. WE need to be the ones who can break the American liberals out of their ennui, to rally and mobilized the untapped political power they represent. THEY are the people who can make or break elections. Those people are looking for leadership and hope. Now is the time to bring back Ed Clark’s Libertarian movement. Now is when we need his “low-tax liberals” to rise up again and take the Libertarian Party back from the neo-Republicans. In every one of the elections I have mentioned here, WE could have made a difference, we could have made ourselves known again to the general public, we could have been leaders… and, to be politically viable, our future rest with being able to harness the unfocused liberalism which Obama has let wither away. The conservative extremists are destroying the Republican Party and the Democratic Party is showing itself to be incapable of leadership. There are holes being torn in American politics and, as nature abhors a vacuum, those holes WILL be filled. What we have to ask ourselves is, can we the party that fills those holes?

Since 1984, the LP has driven itself to an extreme end of the American political spectrum, an end that is mostly allied with the extreme far-right. That is not what first attracted the general public to the idea of libertarianism. It was the combination of the ideas of fiscal responsibility AND liberal social policies that first put the LP on the lips of the American people. Both the Republicans and the Democrats parties are moving farther and deeper into their own ideological extremes. I believe that any two-party system is going to naturally gravitate between polar opposites. The reason that it is important for America to also have a centrist party is because there needs to be a party that can comfortably welcome people from the right, left and middle. What makes the Libertarian party important is not conservative or liberal politics; it is our view of the role and function of government. What we oppose is authoritarianism. Personally, I am pretty far to the left while the political figure I know and admire the most is pretty far to the right; I believe that some government is necessary and she is an anarchist. Where we find commonality is our shared belief that neither the Republican nor the Democratic Party are serving the American people. THAT is why we both share a belief in libertarian philosophy, and the day that we can get both my moderate right Republican father and my independent green (liberal AND vegetarian) sister to vote for our candidates is the day that we will know that we have arrived.

Rhys M. Blavier
Romayor, Texas

“Truth, Justice and Honor… but, above all, Honor”

© Copyright 2009 by Rhys M. Blavier

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Mike Says: Join Marriage Forward

In Civil Liberties, Constitutional Rights, Politics on November 12, 2008 at 12:21 am

Hello LFV,

This election cycle brought about a failure in marriage initiatives across the country to legalize same-sex marriages. The people of the several states did go out of their way to define it as a man and a woman, though.
In California, it was banned with 52% of the vote.
In Arizona, 56% of the vote.
In Florida, 62% of the vote.
(Source: USA Today)

One thing that gay rights supporters did learn across the country is that the opposition is well-funded, well-operated, and uses mob-like tactics (threatening to label businesses as “pro-gay” if they didn’t donate to them). On our side, we do what we can, but it’s nowhere near as organized as the anti-gay marriage crowd.

I, in my naivety, underestimated the overall public opinion towards marriage equality. We still have work to do until more than two states allow gay marriages. What will ensue now is a campaign of education, as it seems we start from scratch.

I recently found this site, marriageforward.com. It’s stated as:

“The Civil Marriage Alliance is a new grassroots organization devoted to achieving civil marriage equality by aggressively reaching out not only to gay people, but to all people.”

This is different then other gay organizations that align with parties, such as Outright Libertarians (which I’m a part of). This group is out to unite all people, gay or straight, behind the cause of equality.

The five-point plan is the back-drop of the campaign:

1 . A greater focus on including straight allies in the fight for civil marriage equality.

2. Increased emphasis on engaging minority and underserved communities on gay rights issues.

3. Better utilization of new media to build a national network of people—gay and straight—who can present a show-of-force on gay rights issues simply by virtue of standing up and being counted.

4. A national public education campaign designed to preemptively guard against misinformation campaigns like the one launched against gays in California’s Proposition 8 campaign.

5. An effort to jumpstart a national conversation about the civil nature of marriage.

To Libertarians: This isn’t the “get the government out of the marriage argument” that I myself support, but it’s a start.

To learn more about the five planks, go to marriageforward.com
Sign up there for future updates and to help us gain strength in numbers.

Thanks for reading,
-Mike

Troy King reported to be dating Troy University homecoming king

In Corruption, Fraud, Humor, Lies and the lying liars who tell them, Music, People in the news, Personal Responsibility, Politics, Republican on July 18, 2008 at 11:31 pm

Back in November, I made the following comments at
Loretta Nall Sends Troy King Appropriate Sex Toy
:

But reasonable people would not include the Alabama legislature, which in is great wisdom passed a law banning dildos, vibrators, and other weapons of mass stimulation.

Not content with the law as it stands, Alabama Attorney General Troy King wants the legislature to make the law even more draconian.

I remember Troy from college. He was always a little weird. He used to write frequent letters to the CW, which described in detail his disgust with homosexuals hooking up in public toilets (well before Larry Craig), a subject he seemed to be intimately familiar with, and exhorted readers to go eat at Cracker Barrel, which at the time was under fire for a policy of discriminating against having gay employees. Troy always seemed just a little too obsessed with homosexual perversion.

Alert readers may remember that Loretta Nall sent Troy King a blow up pig:

My suspicion now seems likely to have been confirmed.

Loretta explains

This is not about being gay. This is about being a hypocrite…of the highest order

There is an official denial of the rumor about Troy King now….so I can say what the rumor is.

According to rumors flying around for the last week Troy King, our
rabidly homophobic
, anti-sex toy, Sunday School teaching, pro-execution Republican Attorney General is GAY! And I don’t mean that as in happy either. I’d bet he is anything but happy right now. In fact, according to two sources he is about to resign. [..]

I have been sitting on this story for about a week. Truth is I am SORE from having to sit on it so long….but not as sore as Troy King is.

Read the rest of this entry »

Outright Libertarians statement on Barr candidacy

In Candidate Endorsement, George Phillies, Libertarian, Libertarian Convention, Libertarian Party-US, Libertarian Politics, Media, Politics, Presidential Candidates on May 14, 2008 at 9:21 pm

FOR IMMEDIATE RELEASE: Outright Libertarians Executive Committee Comments on Bob Barr’s Declaration of Candidacy for the Libertarian Nomination

Wednesday, May 14, 2008

SAN FRANCISCO, SEATTLE, KNOXVILLE, PHILADELPHIA and ATLANTAThis Monday, former Congressman (and recent LNC committee member) Bob Barr announced his candidacy for the Libertarian Nomination for President of the United States.

Many of you are wondering where Outright Libertarians stands on this recent development, and the short answer is this: our position has not changed.

We continue to strongly support Dr. George Phillies as our endorsed candidate. Dr. Phillies has shown the courage, character and commitment that Outright’s membership seeks in a presidential nominee. A longtime Libertarian activist and longtime supporter of equality under the law for all people (including LGBT Americans), Dr. Phillies has established an enviable record of achievement in the fight for liberty.

His platform includes uncompromising support for the rights of LGBT Americans in military service, marriage, immigration, adoption, and tax treatment. He has been an implacable foe of the Defense of Marriage Act and the military’s anti-gay recruitment policy since their inception. Most importantly, he has led important initiatives to fight for us everyday, while bringing the message of the Libertarian Party to LGBT people. We can think of no finer candidate, and are proud to reinforce our support for Dr. Phillies’ candidacy.

Regarding Mr. Barr, we find that though he has shown some welcome evolution on the issues, he has a record that remains notably different from the other Libertarians in the race. Mr. Barr has not completed Outright’s Candidate Survey, but is “on the record” regarding two issues key within the LGBT Libertarian community and the broader LGBT electoral base.

First, while we applaud the former Congressman’s repudiation of the anti-gay military policy that he drafted for the Wall Street Journal, and the evolution that this represents for Mr. Barr, his opinion on this issue simply moved into the Libertarian mainstream — rather than pushing the debate forward. Every Libertarian candidate who has answered our survey — plus Dr. Mary Ruwart (who has not yet answered our survey but is “on the record” on this issue) — shares that view.

On the Defense of Marriage Act — an odious law that Bob Barr co-sponsored as a Congressman — his evolution has been far slower. We have discussed the law with him a number of times, and recently he has telegraphed support for repealing the half of the law that creates a federal definition of marriage. However, he has not consistently campaigned on this point, and seems reluctant to speak of it. (An example of this reluctance may be heard at approximately 16:30 in this linked Atlanta radio interview with Mr. Barr:  http://media.podcastingmanager.com/81570-71406/Media/CFL-20080420-S3-S4.mp3 )

In contrast, Democratic nomination candidate Hillary Rodham Clinton has adopted a similar position, yet appears more willing to campaign upon it. Barack Obama has declared that he would repeal the law altogether.

Every Libertarian candidate who has completed our survey, as well as Dr. Ruwart, goes a major step further by calling for repeal of the law.

We believe that the difference between the Democratic and the Libertarian commitments on this issue is that while the two Democrats talk about doing something (despite a multi-year do-nothing record as Senators), Libertarians will fight from day one for us. We are not yet convinced that Mr. Barr would fight vigorously to promote his reluctantly-expressed position, a problem given that his position is the most statist of the serious Libertarian candidates in this race.

We welcome Bob Barr’s engagement with the Libertarian Party, and are always delighted to welcome new Libertarians into the movement. We look forward to continuing to work with him as an LNC member or in any other role he takes within our Party. However, we must hold our presidential candidates to the highest possible standards, for the benefit of both our Party and LGBT Americans. In this regard, we believe that Bob Barr has quite a bit of work to do in order to enter the mainstream on LGBT issues in comparison to the other declared Libertarian candidates in this race. Just as many of us did when we first joined the LP, he needs to “steep in the brine of Liberty” for a while longer before running for nomination as our Party’s standard-bearer.

Further, we note that regardless of who is nominated, the Libertarian Party will perform an invaluable service to the queer community in this election cycle — even if the delegates ignore Outright’s endorsement of George Phillies and instead choose Bob Barr as the Libertarian Party’s nominee, the silver lining for the LGBT community will be that a Barr candidacy will almost certainly spoil any possible victory by John McCain.

In summary, recent news has only reinforced our commitment to Dr. George Phillies, and we encourage Outright members and supporters — as well as all Libertarian Party convention delegates — to support his candidacy in Denver with their votes, their ideas, and every other resource at their disposal.

About Outright: Outright Libertarians is the largest association of lesbian, gay, bisexual and transgender Libertarian Party supporters. With hundreds of members across the United States, it is the intellectual and policy hub of the LGBT libertarian movement, serving as the voice for LGBT Americans within the Libertarian Party as well as a voice for Libertarian candidates in the LGBT community. Its web site is http://www.outrightusa.org.

Disturbing medical marijuana case involving an AIDS patient

In Activism, Big Brother, Children, Civil Liberties, Courts and Justice System, Crime, Drug War, Health, Human Rights Abuses, Law, Law Enforcement, Medical Marijuana, Nanny State, Police State, Protest, Science on March 17, 2008 at 6:44 pm

Tom FaltynowiczTom Faltynowicz, a 43-year-old gay rancher in Meade County, South Dakota, was diagnosed with Aquired Immune Deficiency Syndrome (AIDS) in 1990, and is currently facing criminal charges for possessing and growing marijuana for medicinal usage.

For those of you unaware of the specifics of that disease, a patient infected with the Human Immunodeficiency Virus (HIV) may or may not develop AIDS. Once infected with HIV, the disease damages the CD4 cells (T-Cells), and in fact uses those cells to replicate within the body; CD4 cells can be replaced through normal process in the early stages of the disease, but eventually the counts start to fall as the cells are overcome by the virus. A CD4 count between 700 and 1000 is considered normal in a non-HIV infected person; while a CD4 count of about 500 is considered normal when the virus is present. A CD4 count below 200 is indicative of AIDS, since it is at that point that the body loses its ability to fight off opportunistic infection.

Opportunistic infection is any infection which, under normal circumstances, the body could easily fight off. However, due to the lack of CD4 immune cells, AIDS patients are at very high risk of contracting diseases which they would never contract were it not for the virus destroying their immune system. Some diseases are so common in AIDS patients, and so uncommon in non-AIDS patients, that they are considered to be AIDS-defining diseases. Examples of AIDS-defining diseases include Pneumocystis Pneumonia (a fungal infection of the lungs) and Kaposi’s Sarcoma (once believed to be a rare form of cancer, now believed to be caused by Herpes Virus HHV8); these diseases are normally not seen in patients with a normal immune system. While there is viable treatment for many opportunistic diseases, they must be treated swiftly in an AIDS patient due to the patient’s body being unable to fight infection on its own.

Another important way of measuring HIV is by measuring the viral load. The viral load is the amount of HIV in the body. So while a CD4 count measures the amount of damage HIV has done, a viral load count will measure how much of the virus is actually in the body. In this way, doctors are able to measure whether drugs are working to halt the spread of the virus.

AIDS is a pandemic first identified in 1981 by the Centers for Disease Control (CDC), due to Pneumocystis Pneumonia being identified in five homosexual men in Los Angeles. The disease did not take over worldwide as quickly as it is generally believed, though. AIDS has been identified in tissue samples of patients who died of unknown causes as early as 1959; one postmortem case identified the virus in a tissue sample from a 15-year-old boy who died in St. Louis, Missouri, in 1969, though it is still unknown how the boy may have contracted the virus. Some scientists suggest the virus could have first infected humans sometime during the end of the 19th Century, while other scientists suggest it first infected humans during the early 20th century, between 1915 and 1930. Regardless of whether it started during the late 19th Century or early 20th Century, it took many decades for it to even become prevalent enough to be noticed. Since the virus is slow to overtake its host, the window for inadvertent infection of others is years, rather than days or weeks as with most viruses.

It is unclear exactly how the virus started, but it seems clear that it crossed species from primates (which can carry a disease known as the Simian Immunodeficiency Virus) into humans, likely when humans came into contact with the bodily fluids of monkeys, possibly during consumption, hunting or butchering the animals (monkey meat is a delicacy in some areas of the world, and is regularly eaten in some areas of Africa). The virus spread due to a number of factors, including vaccines given with unclean needles in developing countries. While AIDS is now generally viewed as a disease of gay men and intravenous drug users, the truth is far more chilling, since the virus is not contained only within a particular population. Many women and children are infected with the virus, and in some areas of the world, particularly Africa where infected patients do not have access to proper health care, the number of deaths has become catastrophic.

At this time, there is no cure for HIV, or for AIDS, nor is there a vaccine to prevent transmission. However, scientists have designed a number of drugs inhibit the virus’s replication. To understand how these drugs work, a short primer on the virus is necessary.

HIV takes over CD4 cells, changing their molecular structure by inserting its own ribonucleic acid (RNA). The virus itself, which is too small to be seen except with an electron microscope, consists of an outer envelope containing the virus and the proteins and enzymes necessary for replication; the envelope has about 72 spikes on its surface. When the virus bumps into a cell coated by the CD4 protein, the spikes stick into the cell and fuse, at which time the inner contents of the HIV envelope is released into the CD4 cell.

Once inside the cell, the HIV enzyme called reverse transciptase converts the viral RNA into DNA, which is compatible with human genetic material. This DNA is transported to the cell’s nucleus, where it is spliced into the human DNA by the HIV enzyme called integrase. Once it is spliced into the human DNA, the HIV DNA is known as provirus. The provirus may lie dormant within a cell for quite some time. However, when the cell becomes activated, it treats HIV genes in almost the same way as human genes. First it uses human enzymes to convert HIV genes into messenger RNA. The messenger RNA is transported outside the cell nucleus, and is used as a blueprint for producing new HIV proteins and enzymes, much in the same way as the human body normally produce replacement cells.

Complete copies of HIV genetic material is contained among the strands of messenger RNA produced by the cell. These copies combine with newly made HIV proteins and enzymes to form new viral particles, which are then released from the cell. The enzyme protease plays a vital role of the HIV life cycle, as it chops up long strands of protein into smaller pieces, which are then used to construct mature viral cores. At that point the newly matured HIV particles are ready to infect another cell, and begin the replication process all over again. In this way the virus quickly spreads through the human body, and causes its host to become infectious. HIV is passed to others through bodily fluids; some fluids contain more of the virus than others.

Contrary to popular belief, people do not die of HIV, or of AIDS. They die of the opportunistic infections which accompany the complete loss of their immune system. Patients therefore must take a strong cocktail of medications to stop the virus from replicating and destroying their immune system. Some common drugs prescribed for AIDS patients, to stop the virus from replicating, include reverse transcriptase inhibitors, which prevent the viral RNA from being converted into human DNA; protease inhibitors, which prevent the virus from creating new mature viral cores; and integrase inhibitors, which prevent the viral DNA from being spliced into the human DNA within the cells.

Unfortunately, with those life-saving treatments for the virus come life-threatening side effects, from lethal liver damage to an overwhelming nausea which results in starvation and dehydration; when this occurs, it only worsens those same symptoms which can be caused by the virus itself. Over the years many drugs have been discovered to combat the side effects (those same side effects are found in many other medical conditions as well), and to increase the quality of life for those who are infected with the virus; some of those drugs and treatments are pharmaceutical in nature, and some are natural.

One of the non-pharmaceutical drugs, which has proven very helpful in battling the anxiety, overwhelming nausea and physical wasting which comes with the virus and its treatment, is marijuana. So effective is marijuana that scientists have even made a pharmaceutical version of the drug, used in chemotherapy patients as well as AIDS patients, which contains synthetic THC (the active ingredient in marijuana). However, many patients believe that the natural THC in marijuana works better than the synthetic version in Marinol, and science supports this belief. In studies of marijuana usage for medicinal usage, it was found that other chemicals found in marijuana have additional medicinal effects which complement the effects of THC. Furthermore Marinol is extremely expensive (Tom’s Marinol costs about $2200 per month, so severe is his nausea and gastrointestinal symptoms), and thus the drug is far beyond the financial reach of most patients; and for that reason they cultivate and smoke marijuana for medicinal purposes. While the black market cost of marijuana can be high, the plant can be cultivated at home from seeds, at very little cost to the patient.

In some states, it is legal for patients with a valid medical prescription to possess certain amounts of dried and cultivated marijuana for personal medicinal use. However, even in those states, the US Government – which has declared that marijuana is an illicit and therefore illegal drug – refuses to permit patients to use the cultivated form of THC. Patients are regularly arrested for merely possessing the substance which allows them to live a more normal life, and which in cases of extreme wasting seen in AIDS, is actually life-saving. This occurs nationwide, including in the states where marijuana is legal for medicinal use.

I do not advocate the casual use of marijuana (or any other drug, prescription or otherwise) to get “high”. I do strongly advocate the right of physicians and patients to determine the best course of treatment, and I believe the government has no right to interfere in the doctor/patient relationship when the patient is not being placed in untoward danger.

Enter Tom Faltynowicz. When Tom was diagnosed with AIDS in 1990, he was given “maybe a few years” to live. Eighteen years later, he is in a fight for his life, but it’s a fight of a very different kind.

In September 2007, law enforcement officials in his native Meade County received an anonymous call, stating that Tom had between 75 and 100 marijuana plants growing behind a metal building on his property. It is believed that the anonymous call came from Tom’s daughter, who was angry with him because he had recently stated his disapproval of her relationship with a particular man.

When Meade County Investigator Michael Walker and South Dakota Division of Criminal Investigation Agent John Griswold arrived at Tom’s home the next day, there were not 75 to 100 plants on the property, or even anywhere near that many; in fact, there were no plants out in the open at all. However, when asked by those officers about the accusation, Tom immediately admitted to growing marijuana to treat his medical condition. He even invited the officers into his home, so they can see where he was growing it, and he was completely cooperative at all times, even according to the police report regarding the incident. All told, the officers found five plants, and about four ounces of dried marijuana. There was never an allegation that the marijuana was being used for anything but his medical condition, and never an allegation that he was selling the marijuana. It remains undisputed that Tom was using the marijuana to treat AIDS, and the side effects of the many potent medications he takes to fight the virus.

Tom takes a total of four antiretroviral drugs to combat the HIV infection: Combivir (a combination of Retrovir and Epivir), Sustiva, and Viread. Each of these drugs, by themselves, come with potentially fatal side effects. All of these drugs can cause severe nausea, and can result in extreme anxiety as an additional side effect. In addition, Tom has been prescribed Marinol, the synthetic THC drug to combat nausea and vomiting, so there is no question that he suffers the side effects which are treated by marijuana, and there is no question that his side effects are severe based upon his dosage. However, Tom says that the marijuana is far more effective than the Marinol, since Marinol makes him so tired that he cannot function; and his physician is aware of and supports his use of marijuana to treat his symptoms.

Tom, though he has no prior criminal record with the exception of two prior misdemeanor convictions for possession of small amounts of marijuana – both of which occurred after he was diagnosed with AIDS – pled guilty to felony possession of marijuana. He faces a maximum of two years in prison, and a maximum fine of $4000; he could also be given probation. His sentencing date has been set for April 21st, before the Honorable Jerome Eckrich, Circuit Judge. Tom’s Infectious Disease Specialist, Dr. Traub, will speak at the sentencing hearing. The State Attorney has already said that he will not object to anything Dr. Traub might say. It appears that no one is interested in punishing Tom Faltynowicz; at the same time, under the law, his possession of marijuana – regardless of the reason why he possessed it – is a felony in the state of South Dakota.

Tom, however, is an exception to the reason that law was written. It was written to stop people from abusing the drug to get high, and to stop them from selling or otherwise providing it to others for the same illicit purpose. It is extremely doubtful the legislature was aware of the medicinal effects of marijuana when that law was passed, and it’s extremely doubtful the legislature ever intended to punish patients with a deadly disease. It’s even possible that the medicinal effects of marijuana were unknown to them when that law was passed, since it is hardly a new law. Nevertheless, since the law exists, it will be enforced, even against people like Tom who are using marijuana strictly for medicinal purposes.

This raises a number of questions. Even if Tom is merely placed on probation, and even if he stopped smoking marijuana altogether, using Marinol to control his symptoms would result in violation of probation, since he would test positive for THC during required drug tests. If he fails a drug test while on probation, he will be incarcerated.

If he is incarcerated, he will not only not have access to the drug which he needs to survive without excessive suffering due to overwhelming nausea, vomiting, physical wasting, and extreme fatigue; but the South Dakota Department of Corrections will be forced to pay for the extremely expensive antiretroviral drugs which fight the virus as well as the Marinol, at a cost of thousands of dollars per month to the taxpayers, in addition to the increased cost of incarceration for a man with an infectious deadly disease. As you should understand after my explanation of how those drugs work, and how the virus works, missing even one dose of his antiretroviral drugs could be catastrophic for his health, since it would allow the virus to replicate until the drug was again built up to a therapeutic dosage. Yet in a prison environment there is no guarantee that he will receive his life-sustaining medications at all, much less receive them on the schedule those drugs demand.

Tom has said that he will not stop using marijuana, because it allows him to live a relatively normal life. Without it, his body is wracked with pain, nausea, and vomiting; he is unable to eat or drink, and thus his body becomes even more weakened, even more unable to fight the virus, and even more prone to the many opportunistic illnesses, any one of which could easily end his life. This is especially true if he is confined in a jail or prison facility, given that there are large numbers of inmates living in close approximation.

To incarcerate Tom Faltynowicz would therefore place his life at severe risk, and as such would clearly constitute cruel and unusual punishment, as prohibited by the Eighth Amendment of the US Constitution. Furthermore, it would serve no purpose to incarcerate him, since his crime is merely possession of a drug which allows him to live with his disease and to continue take the cruel medications which literally keep him alive. He poses no threat to anyone and he is not selling or otherwise distributing the marijuana, nor has it even been suggested that he is selling or distributing the marijuana. Rehabilitation is also not a valid cause for his incarceration, since he merely uses the drug for medicinal purposes, and thus he is not in need of rehabilitation.

Society would not be served by incarcerating Tom Faltynowicz. The interests of justice would not be served by incarcerating Tom Faltynowicz.

As such, justice demands that the court show mercy by giving Tom Faltynowicz a suspended sentence, no probation, and whatever fine the court sees fit, as long as it is within Tom’s ability to pay said fine.  The courts should also order the return of Tom’s property; police seized property such as lights, and not just marijuana and implements for its use.  Those lights  should be returned.