Senator Ken Winters’ Frankfort Report



February 28, 2012

Senator Ken Winters’ Frankfort Report

FRANKFORT – After a pause for President’s Day, the Legislature moved into the second half of the 2012 General Assembly Session. I had visits from groups representing adult day health care providers and developmental disabilities. Many Boy Scout troops came to Frankfort for the annual Boy Scout Day at the Capitol. It was a pleasure to see these civic-minded boys and young men and their dedicated troop leaders and parents.

Of the bills we focused on this week, two were of particularly high profile. Senate Bill 1 would restrict the legislature to appropriating no more than 6 percent of General Fund revenues to bonded indebtedness. This is a level generally accepted as the standard by bond rating agencies, as well as a threshold the legislature has historically attempted to operate within. As long as I have been a member, the Senate has always passed a budget with less debt than either the Governor’s or the House’s proposals. We cannot continue paying off the Visa with the MasterCard.  I voted for the bill because setting the limit in statute will provide an additional safeguard against high debt levels in the future, as well as make it easier to prioritize critical programs and services when determining budget allocations.

The measure excludes debt for universities, the Kentucky Housing Authority, and other agencies using funds outside the General Fund, including the stand-alone Road Fund. It also contains a provision allowing the General Assembly to exceed the cap by a majority vote if the Governor declares a state of emergency that would require additional funds. Senate Bill 1 will now go to the House for their consideration.

Much has been reported about Senate Bill 151, a bill that would have placed on the November ballot for voter ratification a constitutional amendment authorizing casino gambling in Kentucky. However, the bill also included language that would constitutionally protect one industry over others. Many felt troubled by the vague language of where the revenue would go. And others were simply opposed because they felt that basing the state budget on the ability of their own citizens to be on the losing side of a slot machine or blackjack table is wrong and bad public policy. The bill was defeated 21-16.

Small group sessions continue studying the budget. We are waiting for the House to take action on the budget as they are constitutionally required to do first. But their apparent delay has not stopped the Senate from looking closely at what the Administration is requesting.

Even though there are less than 30 working days left in this legislative session, there is still plenty of time to get involved and have your voice heard on the issues that matter to you.  I encourage you to contact me with your thoughts and concerns.

To learn more about the Kentucky General Assembly and the work of the 2012 Regular Session, visit our home page,  You can also call 1-800-633-9650 for a taped message containing information on legislative committee meetings.  To check the status of a bill, you may call the toll-free Bill Status Line at 1-866-840-2835.  To leave a message for me, or any legislator, call the General Assembly’s toll-free Message Line at 1-800-372-7181.


Note: Senator Ken Winters (R-Murray) is the Chairman of the Senate Education Committee.  He also serves on the Economic Development, Tourism, and Labor Committee, the Agriculture Committee, and the Veterans, Military Affairs, and Public Protection Committee.  Sen Winters is also a member if the Budget Review Subcommittee on Education and the Education Assessment and Accountability Review Subcommittee.  He represents the 1st Senate District which includes Calloway, Fulton, Graves, Hickman, Livingston, Lyon, and Trigg counties.  For a high-resolution .jpeg of Senator Winters, please log onto www.lrc.

Open Seeds: Biopiracy and the Patenting of Life by grtv


Open Seeds: Biopiracy and the Patenting of Life

by grtv

As the world begins to digest the implications of intellectual property for online censorship, another IP issue threatens an even more fundamental part of our daily lives: our food supply. Backed by legal precedent and armed with seemingly inexhaustible lobbying funds, a handful of multinationals are attempting to use patents on life itself to monopolize the biosphere.

Find out more about the process of patenting life and what it means for the food supply on this week’s GRTV Backgrounder.

Transcript and sources:

The oft-neglected legal minefield of intellectual property rights has seen a surge in public interest in recent months due to the storm of protest over proposed legislation and treaties related to online censorship.[1] One of the effects of such legislation as SOPA and PIPA and such international treaties as ACTA is to have drawn attention to the grave implications that intellectual property arguments can have on the everyday lives of the average citizen.

As important as the protection of online freedoms is, however, an even more fundamental part of our lives has come under the purview of the multinational corporations that are seeking to patent the world around us for their own gain. Unknown to a large section of the public, a single US Supreme Court ruling in 1980 made it possible for the first time to patent life itself for the profit of the patent holder.

The decision, known as Diamond v. Chakrabarty, centered on a genetic engineer working for General Electric who created a bacterium that could break down crude oil, which could be used in the clean-up of oil spills.[2] In its decision, Supreme Court Chief Justice Warren Burger ruled that:

“A live, human-made micro-organism is patentable subject matter under 35 U.S.C. § 101”

With this ruling, the ability to patent living organisms, so long as they had been genetically altered in some novel way, was established in legal precedent.

The implications of such a monumental ruling are understandably wide-reaching, touching on all sorts of issues that have the potential to change the world around us. But it did not take long at all for this decision’s effects to make itself felt in one of the most basic parts of the biosphere: our food supply.

In the years following the Diamond v. Chakrabarty decision, an entire industry rose up around the idea that these new patent protections could foster the economic incentive for major corporations to develop a new class of genetically engineered foods to help increase crop yields and reduce world hunger.

The first commercially available genetically modified food, Calgene’s “Flavr Savr” tomato, was approved for human consumption by the Food and Drug Administration in the US in 1992 and was on the market in 1994.[3] Since then, adoption of GM foods has proceeded swiftly, especially in the US where the vast majority of soybeans, corn and cotton have been genetically altered.

By 1997, the problems inherent in the patenting of these GM crops had already begun to surface in Saskatchewan, Canada. It was in the sleepy town of Bruno that a canola farmer, Percy Schmeiser, found that a variety of GM canola known as “Roundup Ready” had infected his fields, mixing with his non-GM crop.[4] Amazingly, Monsanto, the agrichemical company that owned the Roundup Ready patent, sued Schmeiser for infringing their patent. After a years-long legal battle against the multinational that threatened to bankrupt his small farming operation, Schmeiser finally won an out-of-court settlement with Monsanto that saw the company agree to pay for the clean-up costs associated with the contamination of his field.

In India, tens of thousands of farmers per year commited suicide[5] in an epidemic labeled the GM genocide.[6] Sold a story of “magic seeds” that would produce immense yields, farmers around the country were driven into ruinous debt by a combination of high-priced seeds, high-priced pesticides, and crop failure. Worst of all, the GM seeds had been engineered with so-called “terminator technology,” meaning that seeds from one harvest could not be re-planted the following year. Instead, farmers were forced to buy seeds at the same exorbitant prices from the biotech giants every year, insuring a debt spiral that was impossible to escape. As a result, hundreds of thousands of farmers have committed suicide in the Indian countryside since the introduction of GM crops in 1997.

As philosopher, quantum physicist and activist Vandana Shiva has detailed at great length, the effect of the invocation of intellectual property in enabling the monopolization of the world’s most fundamental resources was not accidental or contingent.[7] On the contrary, this is something that has been self-consciously designed by the heads of the very corporations who now seek to reap the benefit of this monopolization, and the monumental nature of their achievement has been obscured behind bureaucratic institutions like the WTO and innocuous sounding agreements like the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Although the deck appears to be stacked in favour of the giant multinationals and their practically inexhaustible access to lobbying and legal funds, the people are by no means incapable of fighting back against this patenting of the biosphere.

In India itself, where so much devestation has been wrought by the introduction of genetically engineered crops, the people are fighting back against the world’s most well-known purveyor of GMO foods, Monsanto. The country’s National Biodiversity Diversity Authority has enabled the government to proceed with legal action against the company for so-called biopiracy, or attempting to develop a GM crop derived from local varieties of eggplant, without the appropriate licences.[8]

Although resistance to the patenting of the world’s food supply should be applauded in all its forms, what is needed is a fundamental transformation in our understanding of life itself from a patentable organism to the common property of all of the peoples who have developed the seeds from which these novel GM crops are derived.

This concept, known as open seeds, is being promoted by organizations around the globe, including Dr. Vandana Shiva’s Navdanya organization.[9]


An attack seizes Chaz Moore’s body, stealing much of his breath

COLORADO SPRINGS – An attack seizes Chaz Moore’s body, stealing much of his breath. Spasms in his throat, lungs and diaphragm cause the 17-year-old to speak in hiccups, one syllable at a time.

He says it feels like a grown man is jumping on his chest as the muscles in his belly roll like waves.

Chaz Moore, 17, lights a pipe containing medical marijuana at his home in Colorado Springs on Feb. 14. All photos by Joe Mahoney / I-News

Chaz opens a jar labeled MMJ, pulls out some fresh green buds and crumbles the marijuana into a small pipe. He lights up the bowl and inhales as deeply as possible through the spasms, turning to blow smoke out his bedroom window.

A second puff, a deep cough and the attack passes.

Chaz is one of 41 children under 18 in Colorado who have a medical marijuana license, according to the most recent data available from the Colorado Department of Public Health and Environment.

And he’s convinced that marijuana is saving his life.

His doctors have told him he is one of about 50 people in the world diagnosed with myoclonus diaphragmatic flutter, an affliction causing muscle spasms that can recur dozens of times a day.

Until a couple years ago, Chaz was a healthy kid, except for some childhood asthma that he was outgrowing. He played in his school band and on a baseball team.

Then he started getting hives and the mysterious spasms. At first, the attacks came three to five times a week and his family rushed him to the hospital each time.

Doctors tried treating him for allergies and gave him inhalers, along with high doses of painkillers and anti-anxiety drugs to relax his body.

“One week, we went nine times to the ER,” said his dad, Shan Moore. “We were going nuts, just totally freaking out. Nobody knew what was wrong.”

Doctors in Colorado Springs referred the family to National Jewish Health in Denver, where Chaz had an attack in an exam room. One of the doctors who observed the spasms had treated a patient with the same rare illness nearly 20 years ago.

Chaz finally had a diagnosis and began treatment at Children’s Hospital Colorado, where his pediatric neurologist tried a variety of medications. At one point, he was taking a cocktail of 16 pills three times a day.

The medications would work for a time, but not consistently.

So Shan Moore said he raised an “insane” idea with Chaz’s doctor – marijuana. He had seen reports online that it might help some patients with multiple sclerosis.

The father said he hesitated to consider marijuana in part because his own relationship with the drug goes “way back.”

Shan Moore first tried marijuana at age 10, became a self-described pothead and used everything else he could get his hands on. By his mid-30s, he said he was dealing drugs and wound up in prison for three years when Chaz was just 7.

Now 41, Moore says he’s been clean for several years. The last thing he wanted to consider was getting his son started on marijuana.

But the effects of the high doses of the prescription drugs were also alarming. The family decided to give marijuana a try.

Chaz said he had tried pot once before and didn’t like feeling high. Now he rarely experiences that feeling because the family shops for low-potency marijuana.

He has fine-tuned his medication over the last year. He starts each day with edibles like marijuana-infused peanut butter and jelly sandwiches or marijuana cheesecake.

The food has higher levels of chemicals that seem to fend off Chaz’s attacks and stay in his system longer, without the psychoactive effects that cause a high.

Chaz Moore displays marijuana-infused food used to treat his rare disease.

His friends have never hit him up for marijuana, Chaz says, and he believes kids who abuse the drug are harming patients.

“You’re taking away from my medicine,” he said. “Even though you’re out there enjoying it, you’re messing with my medicine.”

Chaz no longer uses any other medications, but the marijuana created a new problem.

His school district, Harrison District 2, refused to allow the school nurse to give him marijuana. The family switched Chaz to a closer high school, hoping he could walk home when he had an attack, use marijuana and then walk back.

But the family said district officials didn’t like that idea either, telling them they feared Chaz would be impaired and disruptive.

District spokeswoman Jennifer Sprague declined to discuss Chaz’s case and said both federal and state law bar the district from administering marijuana.

“I was doing fine,” Chaz said. “I wasn’t disrupting anybody. My eyes weren’t red. I wasn’t smelling of pot. I was doing all of my work and wasn’t hurting anyone.”

Last April, after he started having as many as 35 attacks a day, Chaz enrolled in an online school.

Now he said he feels like he’s on house arrest, stuck in his bedroom with a small Dell laptop.

He’s lonely and says he sometimes loses track of what day it is because of the monotony. He’s more than a year behind his peers, but determined to get an education and become a counselor for kids in hospitals.

His dad shakes his head over the battles they’ve fought.

“Medical marijuana saved his life, but ruined it all at the same time.”
–Shan Moore, Chaz’s dad

“Medical marijuana saved his life, but ruined it all at the same time,” Shan Moore said.

The family spends about $1,000 a month on various marijuana products and shops at five different Colorado Springs dispensaries. The father and son have become regulars on the pro-marijuana circuit, speaking at conventions.

Being so vocal about the benefits of marijuana has been costly. The father said he lost one job because his bosses didn’t like having such an outspoken employee. He now splits wood and trims trees, picking up jobs where he can. His wife works at a Denny’s.

Chaz is on Medicaid. The father said, altogether, they visited emergency rooms 117 times prior to starting marijuana. Now Chaz hasn’t been to the ER for more than a year and only goes to the doctor for routine checkups.

He doesn’t like marijuana – the taste of the food or the smell of the smoke. He feels guilty using it in the home he shares with his grandmother. He knows the damage drugs can do to a family. Right now, he sees no other options.

“If I couldn’t access marijuana,” Chaz said, “I would probably be dead.”

Contact Katie Kerwin McCrimmon at [email protected]

Medical marijuana banned on school grounds

Don’t expect to see students – or teachers or other staff members –legally smoking or consuming marijuana on school grounds, even if they possess medical marijuana cards.

The Colorado Association of School Boards certainly won’t be drawing up sample model policies to permit sanctioned use of the drug on campuses, said Brad Stauffer, associate executive director. In fact, Colorado school districts have begun to adopt policies that specifically spell out the opposite.

“We feel the laws in place clearly support what our policies say, that is, that the use of medical marijuana is prohibited in schools,” Stauffer said. He cited the Colorado Medical Marijuana Code, adopted by the legislature in 2010, which clearly prohibits the use or possession of marijuana in a school or on a school bus.

In addition, the constitutional amendment passed by Colorado voters in 2000 legalizing medical marijuana stated employers do not have to accommodate the use of medical marijuana in the workplace, Stauffer said.

“And on top of that, federal law requires that districts that receive federal funding have to have drug-free workplace policies in place,” he said. Federal law views marijuana as an illegal drug.

Rebecca Jones of Education News Colorado

Excerpts from a doctor’s recommendation for marijuana

Chaz Moore, 17, carries this letter from his doctor, Abigail Collins of Children’s Hospital Colorado, in case he is questioned about his medical marijuana:

Rationale: “Failure to respond to a host of other medications including Keppra, clonazepam, valium, morphine, Benadryl, Xanax, inhaled lidocaine, Dilantin, Tegretol, Depakote, Flexeril, Artane, IVIG and Solumedrol … Previously Chaz was taking benzodiazepines while at school for episodes of breakthrough myoclonus which was sedating and ineffective to control symptoms. We now have Chaz on a medication regime which actually helps reduce the frequency and duration of his spells and have found a medication which reliably aborts the attacks (THC) when they occur.”

No side effects: “He has no significant side effects to the THC and is functional on the medication.”

Should be in school: “I strongly recommend that Chaz return to school on his current medication regimen and be allowed to take the THC which has been prescribed by a physician to treat his medical condition.”

Learn more about Chaz Moore’s rare disease

Name: Myoclonus diaphragmatic flutter

First identified: 1723 by Antony van Leeuwenhoek, who suffered from the disease and invented the microscope

Extremely rare: About 50 cases ever reported

National Jewish case in early 1990s: A 13-year-old girl was hospitalized for eight months at National Jewish Health in Denver. Her illness initially stumped doctors. Psychological experts believed at first that anxiety might have brought on her attacks. But they also occurred in her sleep.

Drug therapies failed: No improvement from Ativan, Tegretol, Valium, Prozac, Catapres or biofeedback.

Mystery solved: A member of the team caring for the girl, Dr. Anthony Liu, became convinced that the cause of her illness was physical, not psychological. He finally diagnosed diaphragmatic flutter.

Full recovery: The team decided to try a procedure called a “nerve crush” paralyzing the phrenic nerve that gives signals to the diaphragm. The nerve regenerated.

Quote: “She got a full recovery and the symptoms disappeared. I would liken it to rebooting your computer. At some point, the electrical activity gets out of whack and you have to allow it to regenerate,” Dr. Peter Cvietusa, Denver Allergy, Asthma and Immunologist, now with Kaiser Permanente. Cvietusa was a fellow at National Jewish and part of the team that cared for the girl. He is the lead author of a research paper about her rare condition.

Further reading: Diaphragmatic Flutter Presenting as Inspiratory Stridor


My Thoughts

The Government regulated Incorporated war on Marijuana and Hemp have destroyed the country we live in by replacing what is a totally natural substance with a host of chemical compounds for our every need. Problem is that the chemicals will kill us, the Marijuana and HEMP will save us.

The Kentucky Marijuana Party Activists will address any issue concerning Cannabis/Marijuana/Hemp Prohibition, Human Rights and Civil Rights, as we believe in adhering to the “original” Constitutional Rights of all United States Citizens.

About Me:

WE are the people of the United States of America. WE have the right to “life, liberty, and the pursuit of happiness!” WHERE THE FU*K IS IT???
K.E. Hardesty, Gatewood Galbraith, God, Nature,

major drug ring uncovered in Central Kentucky



We’re learning new information about a major drug ring uncovered in Central Kentucky.

We first told you about it this past October when police seized nearly $2 million in cash and thousands of pounds of marijuana in Lexington and Georgetown.

This week the last of six men plead guilty in Lexington.

According to the U.S. District Attorney Kerry Harvey, a Mexican man admitted in federal court Tuesday that he and six others conspired to distribute thousands of pounds of marijuana in Fayette County worth
well over a million dollars.

“In terms of marijuana there’s no question this was an extraordinarily large find,” Harvey said.

Harvey also said during the course of his guilty plea, Narcisco Munguia Pineda, 41, acknowledged that law enforcement discovered 300 pounds of marijuana in the trunk of his car when he was stopped in the Hamburg area by law enforcement on October 4, 2011.

Authorities then executed a search warrant for his residence on Ice House Way and found more than 3,000 pounds of marijuana along with two firearms.

Previously, Ismael Rodriguez Garcia, 37, Julio Cesar Robles, 33, Gilberto Rodriguez Hernandez, 32, Raul Rodriguez Rojas, 31, Luis Osvaldo Rodriguez Rojas, 38, each of Mexico, and Joaquin Diaz Verdin,19, of Lexington, pleaded guilty to their roles in the conspiracy. They were indicted by a federal grand jury in late 2011.

At the same time as the discovery of the marijuana in Lexington, law enforcement was performing surveillance at a residence at Starting Gate Point in Georgetown, Ky. The surveillance culminated in a series of traffic stops of vehicles that left the Starting Gate Point residence.

Police there, seized 300 pounds of marijuana they found in a trunk of a car at the residence on Starting Gate Point and $1,800,000 in cash.

The investigation was spearheaded by the U.S. DEA with assistance from the Lexington Metro Police Department, Georgetown Police Department, Versailles Police Department, Richmond Police Department, Kentucky State Police, Frankfort Police Department, Nicholasville Police Department, Winchester Police Department, Garrard County Sheriff’s Office, Kentucky Office of Attorney General, and Scott County Sheriff’s Office. The United States was represented in the case by Assistant United States Attorney Robert M. Duncan, Jr.

All six men are scheduled to be sentenced in May.