Steve G.

Posts Tagged ‘seed’

The Libertarian Party’s Quest for Ballot Access and The Sin of Onan

In Activism, Candidate Endorsement, Corruption, Democracy, Democrats, Libertarian, Libertarian Party-US, Libertarian Politics, Libertarian Politics 2008, Local Politics, Politics, Republican on February 3, 2010 at 8:54 pm

Onan… spilled his seed on the earth, lest that he should give seed to his brother.

Ballot access is a major goal of the Libertarian Party, so much so that we seem to be more concerned with keeping or gaining ballot access for whatever election is next rather than with any Libertarian actually winning in whatever election is before us today. (http://en.wikipedia.org/wiki/Ballot_access) Ballot access seems to have become that tail that wags the dog in third-party politics. Yes, it is important to have our candidates on ballots, but doing that should not come at the cost of using our resources, time and efforts to actually get Libertarians elected to higher offices than city councils, county commissioners and Justices of the Peace.

Without actually quoting any specific messages or e-mails to me by others, I will say that when I have asked my state Party Leadership for Party help with my own election, I have been told that, rather than focusing resources on any specific race, they don’t want to show “preference” for any candidates or any particular races because “it wouldn’t be fair”. I was told that “with 193 races, we can’t play favorites”. I say that it is because of attitudes like that which have resulted in NO major or significant election wins in almost 40 years. When election results are tallied, we crow about how significant we are because Libertarian candidates got 5% of the vote here and 7% of the vote there. Getting 5% of the votes in an election is still losing that election.

The reason I used the infamous line about Onan is that what we are doing as a Party is “spilling our seed on the earth” instead of creating any actual elected officials. I have a feeling, in fact, that Libertarians have been telling each other for so long that is it so important to view the percentages of our loses as victories that I think that there will be a lot of anger, resentment and even hatred showered on the first Libertarian to actually win a notable office. In Irving Janis’ ground breaking book on ‘Groupthink’, he tells us this story:

Twelve middle-class American men and women wanted to stop smoking, and attended weekly meetings at a clinic to discuss the problem. Early in the sessions, two people stood up and declared that cigarette smoking was an almost incurable addiction. The group agreed. The, one man stood up and said “I have stopped smoking and, with a little willpower, so can the rest of you.” Immediately, the other group members began to abuse him verbally, and the meeting ended in chaos. The following week, the dissident stood up again and said that he could not both attend all of the required meetings and stop smoking; so he had returned to smoking two packs of cigarettes as day. The other members welcomed him back into the fold with enthusiasm but no one mentioned that the original purpose of the group was to help each other stop [emphasis in original] smoking. Their new aim was maintaining the status quo at any cost.

I think that, deep down in their subconscious minds, the leadership and long term activists in the Party have become so inured to losing elections that they have accepted a cognitive dissonance in which they delude themselves that they are accomplishing great things by simply showing up to the ball, as it were. Ballot access in NOT what we need to be working for; getting Libertarians elected to significant offices IS what we need to be working on. We HAVE to “fertilize some eggs” and then nurture them maturity, so to speak. If we do not and cannot accomplish that, then what the Hell good are we to America, our states and our communities?

Maybe the Libertarian Party’s candidates NEED to be spending time standing in front of the local Wal-Mart and grocery stores collecting signature to get ourselves on ballots. Maybe we need to be holding open meetings to let people who aren’t Libertarians talk to us instead of holding rallies that are only open those who already think like the rally organizers do. Maybe we need to create “Election Coordinators” to be officers on, if not paid staff of, both our state and our national executive committees? Maybe we need to start from the ground up, do the necessary work, and use the necessary resources to get electable candidates INTO office. Maybe we need some humility instead of fancy offices in Washington. We do not need to attract the rich and powerful even though doing so makes us proud of ourselves; we need to make it where everyday people can walk in off of the street and ask us who we are and what we stand for.

Onan spilled his seed on the earth because he did not WANT to make his brother’s widow pregnant with his child because it would then be his brother’s child instead of his own. The Libertarian Party is spilling its seed on the earth and, whether or not we admit that don’t really want “progeny”, that is the reality that comes with distributing our resources far and wide without there being any chance of those resources paying off for us in the end. We throw our seeds on “rocky barren places where they can find no purchase”.

The current Libertarian Party Bylaws state that:

The Party is organized to implement and give voice to the principles embodied in the Statement of Principles by:

(F)unctioning as a libertarian political entity separate and distinct from all other political parties or movements;

(M)oving public policy in a libertarian direction by building a political party that elects Libertarians to public office;

(C)hartering affiliate parties throughout the United States and promoting their growth and activities;

(N)ominating candidates for President and Vice-President of the United States, and supporting Party and affiliate party candidates for political office; and,

(E)ntering into public information activities.

Notice that the bylaws say that the method authorized by the Party to move public policy is BY getting Libertarians elected to public office. Without getting Libertarians elected we, by our own words, cannot try to move public policy simply by existing as a Party. In addition, the burden of “chartering affiliate parties” falls on the organization itself, NOT upon the people. It is a requirement of our bylaws that the Party itself create (a pre-requisite for chartering, I assume) the affiliate parties. Simply hoping that people will come to US and want to form local Party affiliates is neither effective nor in line with what our bylaws say. As with an elected candidate, the burden is on us, as a Party, to earn the votes / support of the people. It is not THEIR responsibility make things easy for us. By the way, note that maintaining ballot access is NOT one of our stated purposes.

In Texas, the charter for our state Party says that the State Executive Committee will be composed of the elected state Party officers and two representatives from each of our state’s 31 Senatorial districts. That means that there should be 62 district representative members sitting on our state Executive Committee. Instead of 62, there are (according to the available information on the LP of Texas website, http://lptexas.org/content/state-leadership) only 19, with only 6 of the 32 districts being fully represented by two members. This means that only 13 out of 31 districts have ANY representation on the Executive committee at this time and that ALL of the current representatives on the LPTEC are from high population areas of the state. Not a single representative member of the LPTEC speaks for rural area or even moderate population centers.

Like the government of the State of Texas, it seems as if both the National and, at least, the Texas Parties exist simply because they have existed and they function on nothing more than their own small inertia. As one of my political heroes, Pat Paulsen, said;

Vote or get off of the pot.

I have said before that, until we get serious about ACTUALLY being a contributing part of the American political scene, until we actually manage to win some real elections we have become and will remain nothing more than a lunatic fringe wandering in the wilderness telling ourselves that we matter. So, I ask every Libertarian and libertarian who reads this to ask themselves one simple question… “Will I be content to just “spill my seed on the earth” again this year?

Rhys M. Blavier
Romayor, Texas

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

© Copyright 2010 by Rhys M. Blavier

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225+ years of The American Experiment.

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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.