To everyone:Here is my reading of the situation so far, based on what's out there and particularly the aya forums thread. I am not a lawyer, but I do have to understand the law in the area of my profession, so I have an understanding of the basic principles. In any case, the lawyers I know don't know the law either- they look at all the relevent statute and case law to determine what it is. Here's my summary for anyone who hasn't the time to read all that's going on, spattered with my opinion as swayed by reading the threads and my own interpretation of the law:
-This case is an attempt by the establishment to make all plant sacraments illegal.-I think they have gone after BBB firstly because they are the easiest target due to their forum and people such as the Neurosoup girl always mentioning them on Youtube, and secondly because they are based in Kansas so the judge and jury are I expect going to interpret the law as they want to and find him guilty.
-I believe that Jon will then have to appeal to a higher court to get a less biased judgement.
-Steve Beyer on aya forums says that it is illegal to possess “any material, compound, mixture, or preparation which contains any quantity” of dimethyltryptamine. He did not clarify unambiguously where he quoted this from unfortunately.
-If this is true, then I think the case depends on the legal definition of 'material'. Words in law have meanings that are sometimes different from what you and I expect them to mean, because the meanings are defined through case precedents that can stretch back hundreds of years. That is why even modern statutes (and contracts etc) can read like they're hundreds of years old.
-I have looked in a couple of online legal dictionaries but could not find a definition for 'material' as a noun, only as an adjective. If anyone is a lawyer and/or can find out if there is a set legal definition, please clarify. If material is taken as meaning a chemical such as a powder, then he's ok. However, if there is no legal definition that says otherwise, I expect that the jury and judge will decide that material is wide in scope and so the plants count as 'material... containing any quantity of DMT' and they will use this to find him guilty.
-Steve also says this: "The CSA creates crimes of intent. The statute says that you are subject to criminal penalty if you possess a Schedule I controlled substance "with intent to manufacture, distribute, or dispense it." That is why endogenous DMT and bufotenine are not illegal, and why innocent gardeners growing Echinopsis pachanoi are probably not violating the Controlled Substances Act."
-Due to the BBB forum, the prosecution will argue that he was selling with this intent in mind and that his discaimers were obviously phoney. I expect a redneck judge and jury to agree with this reading. However, this is only relevent if the plants count as schedule I controlled substances, so it is actually irrelevent. It all comes back to the meaning of 'material' (assuming that Steve got that quote from the statute).
-As to the arguments about magic mushrooms as a precedent, the fact that magic mushrooms can be eaten raw for effects makes them different from the plants, while many of the plant sacraments must be prepared in some way in order to ingest. Therefore I do not believe that this precedent can rationally be used to say that plant sacraments which must be prepared are illegal, so ayawaska plants and snuff plants are then safe.
-However, the magic mushrooms precedent might apply to cacti. This is counteracted by the argument that both mescaline and peyote are scheduled- why would peyote need to be scheduled if mescaline already is? Because the statute does not apply to plants, the argument then goes.
-So, assuming that Steve's quote about materials is from statute, I expect that given the hostility of the judge and jury that Jon will be found guilty in Kansas. He will then have to appeal to the next highest court, where I expect he will get a fairer trial. If there is no established of 'material' that contradicts the plants counting as material, and his lawyer is unable to get him off on some other technicality, then I expect he will have to challenge
THE LAW ITSELF in order to win his freedom.
-How could he do this? My thoughts...
-Maybe the plants will be deemed illegal, but the confusion in the law and the fact that he and others have been trading in full view for so long will mean that he is let off the hook. However, the precedent is still set that the plants are illegal, and we then have to fight to undo this wrong.
-I think the argument about the prevalence of DMT in so many things, ourselves included, is one way. Maybe he will argue that this law is ridiculous because we ourselves contain DMT, as do some foods and so many other things, so 'material' should be taken as meaning DMT powder itself in a pure or high concentration, and that 'containing any quantity of DMT' is unconstitutional or something to that effect because it makes every one of us illegal, and so much of the world around us.
-Maybe he could argue that these plants are not drugs themselves, but can be used to make drugs, so if he is a drug dealer then so is every chemical company or shop that sells precursors and other materials used to make drugs, or sell any materials that contain small quantities of drugs that can be extracted, such as the LSA in Walmart's Morning Glory seeds or the mescaline in garden superstore cacti.
-Maybe he could argue that these plants are religious sacraments so even if people were using them to make drugs, they should be allowed to do so under the American constitution's freedom of religion laws. Therefore he should not be prosecuted as a supplier, because anyone who uses these things is not using them as drugs but as religious sacraments, and they have to get them from somewhere so it is necessary that they are sold. UDV, Daime and NAC are proof that these plants are religious sacraments, and not hedonistic drugs. It is obvious that these drugs evoke positive spiritual experiences. This may not wash legally, but it will bring the issue of freedom to the fore and make the case about civil rights, putting prohibition itself on trial. However...
-Judges cannot change the law. The most they can do is clarify when the law is ambiguous. So...
-Jon's freedom, and the freedom of us all, would then hinge on the entheogenic community reawakening the civil rights movement to campaign against the government's immoral infringement of our natural rights.
-In this scenario, Jon is either abandoned and his freedom taken away along with our sacraments, or the community wakes up again and fights for their rights, right through to victory. It is not the 60s anymore. The climate has changed. There are far more people today who would support us than back then, whole generations with significant proportions who have experimented with drugs and would be sympathetic to the cause of religious sacraments. Levels of religious tolerence has never been so high. The UDV, Daime and NAC all have set precedent that religious freedom should not be denied. NOW IS THE TIME. Our brothers and sisters must be released from jail! Demonstrate!
Women won their freedom. Black people won their freedom. Gay people won their freedom.
NOW IS THE TIME FOR ENTHEOGEN BELIEVERS TO WIN THEIR FREEDOM!
Everything I write is fictional roleplay. Obviously! End tribal genocide: www.survival-international.org Quick petitions for meaningful change: www.avaaz.org/en/
End prohibition: www.leap.cc www.tdpf.org.uk And "Feeling Good" by David D.Burns MD is a very useful book.