Homeless in Arizona

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When marijuana criminal defense attorney Tom Dean first came to Safer Arizona he gave a passionate talk about how he was going to help us write an initiative that would put him out of a job.

Sadly Tom Dean didn't deliver what he promised in his passionate talk. At least that's how I feel.

In fact Tom Dean would later throw a money wrench into the initiative me, Dave and Alex wrote, watering it down considerably. I think when you look at the Safer Arizona initiative that Tom Dean rewrote it's obvious it was written for criminal defense lawyers like Tom Dean, and written for the legal medical marijuana cartel, which Tom Dean does business with. Tom Dean certainly didn't write it for the marijuana user on the street, or to end the insane "War on Drugs" which has been terrorizing the America public for decades.

I suspect that Tom Dean also committed "malpractice" by not telling the other Safer Arizona members that he had a conflict of interest because he makes money from marijuana arrests and from the legal medical marijuana cartel.

When me, Alex Gentry and David Stephen Wisniewski wrote the initial Safer Arizona initiative it was complete and total legalization of marijuana with 3 exceptions.

We added an age limit which was initially 18, and Dave raised it to 21 because of his mom.

We also allowed the government to tax marijuana at a rate no greater then the current sales tax on food.

And we added some stuff to require testing and labeling of marijuana.

We based the initiative Safer Arizona initiative on the RAD or Relegalize All Drugs marijuana initiative, and the Jack Herer initiative.

Jack Herer is the author of the well know marijuana book "The Emperor Wears No Clothes". And his initiative is almost complete and total legalization of marijuana.

The meetings where me Alex, and David wrote the initial Safer Arizona initiative were all videotaped and posted on the web. They were also open to the public and a few people did attend them.

Tom Dean was invited to those meeting, but I don't think he attended any of them.

After me, Alex Gentry and David Stephen Wisniewski wrote the initial Safer Arizona initiative the next step was to review it with Tom Dean to make sure it was Constitutionally correct.

All of those meetings were at either Tom Dean's officer or Tom Dean's home.

Those meetings were closed to the public and were NOT videotaped.

Well, closed to the public with the exception of Demitri Downing. Demitri Downing is a big wig in the legal Arizona medical marijuana cartel. And as expected Demitri Downing did lobby us to give the legal medical marijuana cartel special perks in the initiative.

I should of suspected there was going to be a problem with those changes.

In my opinion Tom Dean only added two positive things the Safer Arizona initiative which me, Dave and Alex had written.

Tom Dean suggested that we use the legal definition of marijuana as defined the the Arizona Revised statues, which we did. I also added that to the RAD marijuana initiative.

Tom Dean also suggested that the Safer Arizona initiative allow lawyers to give legal advice on circumvent Federal laws on marijuana. I thought that was a good idea, and also added it to the RAD initiative.

But other then those two things all Tom Dean did was water down the initiative Safer Arizona initiative that me, Dave and Alex had written.

One of the 1st things Tom Dean watered down was the severe penalty we had for government employees that violated a person marijuana rights.

The stuff in the initial Safer Arizona initiative was based on the RAD initiative which says:

Any government employee, police officer or prosecutor that interferes with a persons marijuana rights defined in this initiative shall be personally and civilly liable to each person for each incident for a minimum of $1 million in damages or 10 times the actual amount of damages which ever is greater. There shall be no immunity to police offices or prosecutors who claim to be "acting in good faith" or other reasons.

With 20/20 hindsight, I suspect Tom Dean got rid of those severe penalties, because they would eliminate false arrests for victimless marijuana crimes. And reduce the number of marijuana cases criminal defense lawyers like himself get. Cutting into the money he makes representing people arrested for victimless marijuana crimes.

The Safer Arizona initiative me, Alex and Dave wrote was based on the RAD initiative and gives automatic pardons to anyone who was convicted of a marijuana crimes.

The 2016 RAD initiative says:

Any person arrested or convicted of any marijuana offense in the past shall automatically have their criminal record cleared for those charges and automatically receive a full pardon for those charges.

I suspect Tom Dean added that because he stands to make money representing some of the people that would apply for pardons and clean records.

Tom Dean also added stuff which seemed to be intended to increase the number of Federal arrests for victimless marijuana crime.

While we were legalizing marijuana at the Arizona level, it still is a felony to grow, sell, or possess marijuana at the Federal level and Tom Dean seemed to add stuff that would increase Federal arrests for marijuana crimes.

I suspect Tom Dean added that because some of those people arrested would hire him to defend themselves against the Feds. And make his wallet fat.

The Safer Arizona initiative me, Dave and Alex wrote didn't require a license to grow, sell or possess marijuana.

Tom Dean modified the initiative to require you to get a sales tax license to grow more than 48 marijuana plants.

Tom Dean also modified the initiative to require to you to get a sales tax license to sell any amount of marijuana. Even if you are selling some of your personal stash to your friend.

Tom Dean is a smart criminal defense lawyer who knows anything you say or do will be used against you in a court of law. I suspect Tom Dean added those licencing requirements knowing that the DEA would use public records of marijuana licenses to make arrests. Or subpoena the records of marijuana licenses to make Federal arrests for victimless marijuana crimes.

Tom Dean also added a blurb to the initiative that makes it illegal to grow marijuana that is visible from a public place.

Page 2 - 3-3702 H - Cultivation of cannabis [marijuana] from personal grows, home gardens, and commercial grows may not be visible from a public place from ground level without the use of binoculars, infrared imaging, thermal imaging or any other artificial surveillance equipment or other optical aids.

I wonder, did Tom Dean help Demitri Downing write the evil Prop 205 initiative?

I suspect Tom Dean added this blurb because when the local cops arrest people for the petty Safer Arizona crime of growing marijuana that is visible from a public place, the DEA could then come back and makes some felony arrests for violating federal laws that make growing marijuana illegal. And of course some of the people arrested will probably hire Tom Dean to defend them. Which will make Tom Dean's wallet fatter.

Sadly a lot of people will get busted under this law because that won't realize that growing marijuana that is visible from the public is a crime they can be arrested for.

Tom Dean also added a blurb that makes it illegal to possess marijuana in most government building

Page 5 - 3-3713 C.1-3 - The possession of cannabis [marijuana] shall be prohibited in the following places only: ... government buildings

Again, it sure sounds like Tom Dean re-wrote the Safer Arizona initiative to generates revenue for his law firm which specializes in defending people arrested for marijuana crimes.

Tom Dean also does legal work for with what I call the legal Arizona medical marijuana cartel. Or the 100 or so businesses that are legally allowed to grow and sell medical marijuana in Arizona.

Tom Dean seemed to add a lot of stuff to the Safer Arizona initiative that would help the "legal Arizona medical marijuana cartel" expand and become the "legal recreational marijuana cartel".

Tom Dean added a blurb that made it illegal to grow or sell marijuana within 1,000 feet of a school. Tom Dean also added a blurb that makes it illegal to grow marijuana on private property that is visible from public property which was just discussed. Tom Dean also made it illegal for ANYBODY to sell marijuana without a sales tax license.

I suspect Tom Dean added that to help his buddies in the legal medical marijuana cartel stomp out the competition.

Tom Dean also added a blurb that requires a license to sell marijuana. I suspect this was also aimed at reducing the competition for the legal medical marijuana cartel.

Tom Dean also added this blurb, which I suspect is to help the legal medical marijuana cartel stomp out the competition by getting the govenrment to pass severe zoning laws to shut down competing marijuana dealers:

Page 2 - 3-3705 A - Cities, towns and counties may enact reasonable zoning regulations that limit the land use for commercial grows, home gardens, and businesses engaged in retail sale and wholesale of cannabis [marijuana]

For example Chandler has a zoning law that requires medical marijuana businesses to be at least a mile apart. Severely restricting competition.

I also have some concerned about Tom Dean requiring a sales tax license to grow marijuana or sell marijuana.

Will the state of Arizona be able to turn the crime of not having that sales tax license into a felony, like any marijuana crime is currently?

When me, Alex and Dave wrote the original Safer Arizona initiative we made all of the marijuana "crimes" petty crimes with small fines.

At that time we didn't require sales tax licenses and we didn't limit marijuana crimes of not having a sales tax to being a petty crime with a small fine.

I don't think Tom Dean put any limitations like that on the crime of growing marijuana without a sales tax license or selling marijuana without a sales tax license.

So I am concerned that under the Tom Dean Safer Arizona initiative, the Arizona legislator could make the crime of not having a sales tax license for a marijuana crime a felony.

And we would be back to square one, where any marijuana crime that involved not having the required sales tax license would be a felony.

Prior to working with Tom Dean at Safer Arizona I had a lot of respect for him and thought he was a good guy.

But after seeing Tom Dean water down the Safer Arizona initiative and turn it into a jobs program for marijuana criminal defense lawyers I lost all my respect for Tom Dean.

If you ask me, I think the only reason Tom Dean got involved with Safer Arizona was to prevent us from writing a law that completely legalized marijuana and which would have put his law firm out of business.

Here is a link to some of the problems I have with the stuff Tom Dean added to the Safer Arizona initiative:

Here is a link to the Safer Arizona initiative:

Here is a link to the RAD or Relegalize All Drugs marijuana initiative which actually is 100% complete total legalization of marijuana:

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