Hey guys, I think it is time to write my account of the events of 4 July 2008, the day my home was raided by the Australian Federal Police (AFP). This day was a historic day in the advancement and acceptance of medicinal Cannabis in Australia. I hope you enjoy the read, and delight in the outcome.
For those of you who don't know, I am a Cannabis activist living in Canberra, Australia. I am a grower and breeder of fine Cannabis genetics, and I co-ordinate one of the local compassion clubs here in Canberra. I am a medicinal Cannabis user, having a tincture of cannabis as the primary and sole treatment for chronic pain and PTSD. I have a broken back, and am a survivor of torture in Sagmalicar, Turkey; where I was imprisoned in 1977 after being arrested for smuggling cars from Germany to Iran. The tincture suppresses my night terrors and nightmares, and controls my pain.
The story starts in Nimbin back in April, when I met Mullaway Man. He and I made a pact to help sick people, with my role to be a messenger and facilitator of Mullaway's compassion. His incredibly special tinctures needed to be made available to sick people, and that was being done.
I first got an inkling that things were amiss, when funny things started to happen with my mail. A parcel of tincture from Mullaway was late in arriving, as well as a couple of large packs of cannabis genetics from Belgium. Then, an envelope with pictures from Mullaway arrived, and it had been opened and re-taped by Australia Post. The pictures inside had been opened and looked at.
Now this really pissed me off. First thing I did was ring the local post office and ask why the hell was my mail opened! This girl stumbled, then said awkwardly "it had come open, so it was taped up". I told her it had not just 'come open', it had been torn open completely! I asked for the manager, and told him I was pissed. He said straight up the parcel had come open and 'he' had re-taped it. Too quick an answer for me, but I got my answer lol. The Federal Police were on to me.
I then decided to send an email to the Minister for Health, and tell her what was happening. I was not going to take this laying down. I wanted to be on the front foot here! I wanted them to know what I was experiencing at the battle front.
Dear Minister Gallagher,
I am writing to let you know that the supply of my tincture has been interrupted. There is either an AFP or NSW Police operation in progress to intercept my mail. My mail is being delayed or gone missing, and an envelope from a 'friend' has been opened by Australia Post and the contents examined. This has been confirmed through sources in Nimbin.
I have not been able to medicate for 5 days now. My nightmares have returned with a terrifying intensity and frequency. I can hardly walk because my back and neck are hurting so much.
Minister I am in a terrible state. I am expecting a knock at the door any minute to arrest me. This is a very bad time.
What do I do? Do I go back to my GP and ask for Endone to ease my pain? No!!!!!!!!!! Do I ask my GP to put me back on Xanax so I can get sleep? No!!!!! If I do either, I am the loser.
My whole submission to you depends on me not falling back on conventional medicine. I have to suffer to move forward.
Minister, I am so worried that it may have been your office that has instigated this situation. When I took a bottle of my tincture into your office, I gambled that you would see it as a process of enlightenment for your medical advisors. The only way to convince them that tinctures were in fact available in Australia. Some may call it an act of brinkmanship. I hope I am wrong.
Minister, I know you cannot say one way or the other about the police, but I want you to know the dilemma I face in my quest to live free of pain and suffering - be it mental pain, or be it physical pain. It is my basic human right to be happy. It is my basic human right to live free of pain and torment.
Minister, my situation is in your hands. I desperately need your help. I need my tinctures.
Regards and compassion
Smokin Moose
Well, July 4 here in Canberra was a cold miserable day. About 10am I was sitting by the fire reading a book, when I heard what could only be the knock of a police raid. I opened the door to see about 10 Australian Federal Police. I was served with a search warrant, looking for cannabis and cannabis-related products.
My email to the Minister for Health, subsequent to the raid, explains what occurred.
Dear Minister, I would like to tell you about my visit from the Australian Federal Police on Friday, when they executed a search warrant at my home.
Minister, I opened the door to 7 or 8 Federal Agents. They presented me with a search warrant signed by the court. I spoke with Federal Agent Tarnya Franklin. She explained my rights to me, and made sure that I was settled and comfortable as the search got under way. At all times I was treated with kindness and dignity. I was constantly being asked if I was ok, and one of the Agents made sure I had a glass of water when I became stressed.
I was allowed to make a telephone call to advise a friend of what was happening to me.
I made a decision to be co-operative as I felt that I was in no position to do otherwise. I was in no way coerced to make any statement and my legal rights were respected at all times.
At the commencement of the search I volunteered up some rare Cannabis genetics that I was preserving in the fridge. I asked that they not be destroyed as they had immense medicinal value. These were lodged as property seized.
I was asked many questions, most of which I answered truthfully. Some I did not answer as was my legal right.
I had the opportunity to explain to Agent Franklin that I was in need of cannabis based medicines to treat my severe and debilitating Post Traumatic Stress Disorder, and chronic back pain. Agent Franklin asked me many questions about medicinal marijuana, and I answered her honestly.
I was told by Agent Franklin that the warrant had been issued after mail addressed to me, containing a tincture of Cannabis, and some Cannabis seeds, had been intercepted and seized. A police operation then ensued to investigate this seizure, as is normal police protocol. I told Agent Franklin that I knew the mail had been intercepted and that I had been expecting a visit from the police for some time. She smiled.
Minister, at the conclusion of the search, I was told that I was to be given a Simple Cannabis offence Notice (SCON) as a penalty for having cannabis seeds. It required me to pay $100 to the ACT Collector of Public Moneys within 60 days. I was also given a Preservation Notice, such that I could go to the Magistrates Court and apply to have the rare Cannabis genetics preserved, until such time as the laws on Cannabis changed. I was surprised and delighted by this gesture, and it came as a huge surprise to me that Agent Franklin and her team would have regard to the importance of these rare genetics. I thought I could not be happier, but I was in for 2 more surprises.
Minister, at the conclusion of the search and the departure of the Federal Agents, I went to tidy up the house. Usually after a police raid, one's house is in utter disarray. I found to my absolute amazement that the Federal Agents had tidied up my house for me! As best as possible, everything had been returned to it's proper place.
Minister, then came the dawning of a miracle. The Federal agents had left me my medicine. It had been in the fridge the whole time and could not have been missed. I also had some of my medicine on the table in my lounge, and it to was not seized. It is not possible that this was on oversight. To have 7 highly trained Federal Agents comb my house for an hour and not see my medicine is just not possible. I was NEVER asked specific questions about my medicine, and it was quite clear that it was a 'non-topic', almost, and certainly not in the ambit of the search warrant they were executing.
To say this was a miracle is an understatement. These Federal Agents left me with my meds, a sense of worth, and a sense of dignity. This was a profound act by Agent Franklin and her team.
Minister, I have taken this as a discrete endorsement for me to have my medicine. I am convinced that a decision was made by Agent Franklin that my health and welfare was of primary importance, and that no action was to be taken to seize my medicine. I won't say more on this, other than to say the Federal Agents exercised a discretion beyond the law, to ensure that my interests were best served by not taking my medicine from me. They guaranteed my basic human right to be happy and healthy, and live free from pain and anguish. These police officers are angels in a dark night as far as I am concerned.
Minister, I see my pain specialist on 14 July. After that appointment I will be tendering my formal submission to you to allow me to use a tincture of cannabis as the primary treatment for my disabilities.
Regards and compassion
Smokin Moose
After sending the email to the Minister, I got to thinking about the AFP, and it dawned on me that a new era was beginning. Again I decided to take the bull by the horns, so I sent an email to the Chief of Police, letting him know that I knew it was not an oversight to leave me my medicine. I wanted to tell him that I was grateful.
To Chief Police Officer.
Dear Mr Phelan, I am writing to you to commend the actions of one of your Federal Agents. Her name is Tarnya Franklin.
On Friday 4 July, Federal Agents executed a search warrant at my home in Canberra. The warrant was to look for Cannabis, and Cannabis products, etc.
Mr Phelan, I suffer from debilitating Post Traumatic Strss Disorder and chronic back pain. I use a tincture of Cannabis sub-lingually to treat my disabilities. This medicine is provided to me by a compassion club in New South Wales, at no cost to me. It is the only medicine on this planet that suppresses the horrific nightmares I suffer as a result of my imprisonment in Sagmalicar Prison, in Turkey.
Mr Phelan, as my letter to Minister Gallagher states, Agent Franklin MUST have been aware that my medicine was a cannabis based medicine. I believe that she and her team, once apprised of my medical need for a Cannabis tincture, made a judgenent call to not sieze my tincture. I believe Agent Franklin decided that it was in the best interests of me to take this action, thereby ensuring that my basic human right to live free of pain and anguish was respected.
Mr Phelan, this action by Agent Franklin is being applauded around the world. It is a profound act of kindness. I am pleased to bring this to your attention.
I am delighted that the AFP has informed regard for medicinal cannabis. It will be a long haul to change laws, but knowing that the AFP sees that medical marijuana has a rightful place in clinical applications is inspiring.
Regards and compassion
Smokin Moose
I was delighted when I got a response from the Chief of Police, in which he endorses the actions of his Agent, and tells me he is personally going to thank her for the good decision to not seize my 30 bottles of tincture. This was a landmark "non-bust" in AFP history, and the biggest single event that will be seen as the start of change in Australia re acceptance of Cannabis tinctures.
Keep in mind that the AFP are one of the best police forces in the World, and the least corrupted. I have known of Mick Phelan for many years, and I regard him as a damn good copper. He always had a rep as a tough nut, but he was fair and even player when in the drug area earlier on in his career. I had in mind when writing to the Chief, that he would know it was the right thing to do, given the circumstances. While not openly stating I could legally have my medicine, he acknowledged my basic human rights to be free of pain and happy. He made a stance, which I truly admire the man for. Great copper!
Dear Mr Smokin Moose,
Thank you for your email regarding the efforts of Constable Franklin who executed a warrant at your home on Friday 4 July 2008.
It is always pleasing to receive emails such as yours detailing the professionalism and efficiency displayed by AFP officers in the course of their duties.
I will ensure a copy of your letter, along with my personal thanks, is passed on to Constable Franklin.
Again, thank you for taking the time to write.
Yours sincerely
MICHAEL PHELAN
CHIEF POLICE OFFICER
ACT POLICING
What this effectively meant was that the Australian Federal Police had, for the first time in Canberra, recognised a tincture of Cannabis as a legitimate medicine for PTSD and chronic pain. The decision, made outside of the law, was in some ways similar to a verdict in a nullified jury trial. In other words, the police knew it was not lawful for me to have a cannabis-based medicine, but they did not determine that I was "breaking" that law in having and using it. This is a landmark case in many ways, but primarily to highlight that times ARE changing, and for the better.
Well, the miracles just keep coming! Yesterday on 9/11 at 9.30am, I saw a police paddy wagon pull into my driveway. Next thing I have two 6'4" Federal Agents at my front door. This is how it went.
"Mark, are you having bottles sent to you from *****"
"Yes mate, I have my medicine sent to me from *****"
"Australia Post has just contacted us re a suspicious parcel that came to their attention." "Seems a bottle inside had broken and fluid has escaped, scaring the postal worker!" "They are concerned you are sending drugs in the mail and have called the Federal Police." "What is in the bottles?"
"Mate, it is an orange blossom extract" (which the tincture is in a funny way)
"Is Tony **** the person sending you these bottles?"
"Mate, I am unsure of who the sender is. I have bottles sent to me from many places"
They then began to explain to me that the sender should take more care with packaging before sending. The Federal Agent told me to tell Tony to use bubble wrap, and make sure the bottles did not break.
The Federal Agent then said:
"Mark, do you want the 20 bottles of tincture?"
"Yes mate, I do. It is my medicine"
The Federal Agent then went to the locked Paddy Wagon and got my box of 20 bottles of tincture. He handed them to me, winked, and said on leaving "Don't scare the Postman"
They then returned to the car and went on their way.
A miracle had just occurred. An important delivery of necessary medicine was secured and delivered, to me. I even had to sign in the Federal Agent's day log to acknowledge receipt! Now keep in mind that they had already done a warrant on me on July 4, and knew they were cannabis-based tinctures coming from Mullaway. This was no oversight. The Federal Agents knew full well, but never overtly said it. In fact the word cannabis was never mentioned.
I am now sitting with my 20 bottles of tincture in my fridge, still amazed at this leap of faith by the AFP. This is a second historic day, whereby the AFP have facilitated the secure delivery of my medicine, a tincture of cannabis. This is profound beyond belief. I am still stunned and over-joyed, and proud.
Hybrid Mode
