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www.lawyerdude.s5.com/6416pt3.html Contains the factual history of the case with verbal (not electronic) link to the transcript. Contains the chronology of the case.

Issue #41 Mapp v Ohio http://www.lawyerdude.s5.com/mappohio.html issue. State statute making criminal the mere possession of LSD incidental to its use is invalid because inconsistent with the rights of free thought and expression assured against state action by the 14th amendment. The arena of constitutional rights involves balancing of competing societal goals. Having entered Palaschak's office on the flimsiest pretext, the police had no business staying there in their hysterical zeal to find drugs - just as the police had no right to seize the pornography in 1957 in DollRee Mapp's16 apartment having gone there to search for

Footnote 18The federal budget does indeed provide money for propaganda. Early propaganda was the cult film "Reefer Madness".

Footnote 19: Brandeis, Louis, in Burns Backing Co. v Bryan (1924) 264 US 504@520.

"policy paraphernalia" - or the dirty movies in 1967 Robert Stanley's bedstand17 having gone there also to search for gambling equipment. It is illustrative that drug laws are now undergoing the legalization that pornography laws were then undergoing. Pornography was then been subject to the same state-promulgated18 hysteria as drugs are now. In Mapp, Stanley, and now Palaschak, the police invaded the suspect's privacy and found something controversial, something lascivious, something in that grey area of the era where the law was then in flux, something that they had no business finding. The 4th amendment works as a buffer in the grey area - and Palaschak's conviction must be overturned because police violated his inalienable right to be let alone absent compelling state interest.

Issue #42 "If we would be guided by the light of reason, we must let our minds be bold."19 1st amendment right to chemical acceleration of learning of emotions and experience. Palaschak's LSD use was an attempt to acquire knowledge and therefore triggers 1st amendment analysis - particularly Least Drastic Means analysis.

Empathogens enhance empathy. Once a person experiences new emotions with the help of empathogens he can experience some of the same emotions again without the drug - which is not to say that the LSD experience can be repeated without LSD - but merely that there is a learned component to the experience - a learned emotion - and there is an additional component of knowledge.

Issue #43 1st amendment right to chemical amplification of signals. LSD is a neurotransmitter. Part of the effect of LSD is mere amplification of light, smell, touch, hearing, and other signals. Conceptually the LSD proscription is equivalent to a proscription against amplified music. The LSD proscription is promoted by the same people who would like to proscribe amplified music.

The LSD molecule has several active chemical bonds - as distinguished from a drug with only one psychoactive bond; therefore it has several different effects - and indeed its extreme potency may be due simply to the synergistic effect of 2 or 3 interactive neurotransmitter systems being amplified simultaneously.

“LSD directly affects the neurons involved in sensory perception...All the major psychedelic drugs bear a close resemblance to the neurotransmitters serotonin, norepinephrine, and dopamine. Two of the four rings in LSD's [molecule] are identical to the ring system in serotonin, and the side chain...of serotonin is identical to a third part of the LSD molecule...[Locus] coeruleus cell bodies give rise to axons that ramify all over the brain and provide the majority of the norepinephrine neuronal input in most brain regions [which accounts for the stimulant effect of LSD - but not all its effects]...Rats in whom the locus coeruleus has been stimulated seem to go into a state of panic. They stare about, hyper-responsive to all stimuli...whether visual, auditory, or

tactile...Rats show the same hyper-responsiveness...when they have been treated with a psychedelic drug...Hyper-responsiveness...is just what one observes in humans under the influence of psychedelic drugs...George Aghajanian of Yale University [discovered in the 1980s that] sight, sound, smell, taste, or tactile sensation speeds up the firing of locus coeruleus neurons in rats, and that the accelerated firing is greatly enhanced by...LSD. The locus coeruleus is a funneling mechanism that integrates all sensory input...The exclusively sensory systems of our brains, the systems responsible for vision, hearing, touch, and so on, are organized into precise point-to-point connections that enable us to scan the environment and assemble an almost photographic register of the scene in our brain. The pervasive ramification of the locus coeruleus neuronal system, on the other hand, provides the emotional coloring, the feeling response,to sensory percepts. The research on psychedelic drugs also suggests that the amazing sense of oneness with the universe produced by psychedelic drugs might reflect an extreme activation of the locus coeruleus which causes a breakdown of the barriers between self and nonself. By influencing our level of awareness under normal circumstances, the locus coeruleus may play an important role in defining what psychologists call the ego, the awareness we each have of being a distinct person, separate from all others, confronting the universe on our own." - Drugs and the Brain, Chapter 7.

Issue #44 Equal protection paradox in laws that protect us from ourselves. Theoretical law. Natural law.

Tort theory of crimes. In a famous pornography case that I could not readily find the state

proffers the argument that the laws are necessary for protection of women and minors. The

Supreme Court ruled that when we must regulate our private library to the level of minors we

limit our reading level to that of minors. By logical extension then, drug law intended to protect

those who do not know what they are doing should be narrowly drafted to apply to only those who

may be harmed by their own ignorance. Otherwise the statute would unnecessarily impede the

citizen's right to acquire knowledge regarding a particular drug. However, if we design the law so

that only certain people can use certain drugs, then 1) we obligate ourselves to draft complicated

laws; and 2) we necessarily violate the constitutional mandate of equal protection. The paradox

is that by increasing specificity we decrease equal protection. However, competition among

competing societal goals is common - and a problem readily solved by theories of theoretical law

(keeping in mind that law is applied philosophy). Some solutions that are commonly used in the

law are licensing, prescriptions, and age discrimination, age being used as a proxy for the

absence of ignorance of the danger regarding automobiles, or whatever is the subject of the

statute. In the case of LSD for which a prescription cannot be obtained, the state has

unnecessarily curtailed access to a part of life without adequate justification.

Issue #45 We don't need protection from ourselves. The genius of democracy is that even the least

intelligent people have a say in who will be president. Similarly we subscribe to the fundamental

premise that we do not need protection from ourselves. When the California legislature tells us

that we cannot possess LSD in the privacy of our homes it is telling us that we cannot take care

Issue #46 Excessive punishment is prohibited by the 8th amendment and the California constitution and 90

days in jail is excessive punishment for simply trying LSD - a rite of passage in California.

Issue #47 The crime/tort distinction is an arbitrary classification. No harm, no foul. Every crime is a

tort. Natural law theory proves that since there is no damage in drug use then there is no crime.

Our system of laws has evolved differently than science. There is no unifying theory of law -

well, not yet. Science is ahead of law in this regard. But one step forward would be to recognize

that crimes and torts are merely arbitrary classification systems designed to achieve a goal.

However, under theories of natural law and theoretical law, we can look at the crime of drug

possession in terms of tort analysis and see that if this crime were a tort there would be no

damages. By comparison, if the crime of murder were a tort (and it always is a tort in addition to

a crime) we see that the magnitude of the crime is the value of the life of the deceased -

wrongful death - plus a punitive factor which is proportional. There is a mathematical formula.

Libertarians have struggled for years to fight the historically recent escalation in victimless

crimes. One reason for the increase in crime is that the police continue to invent new crimes -

Issue #48 Libertarian Manifesto - The 1st rule of Natural Law. Almost everybody eventually

spontaneously discovers the 1st rule of natural law. Stated simply the 1st rule of natural law is:

Issue #49 8th amendment. Proportionality of the punishment to the crime is a fundamental concept of

natural law. We have all heard of the Bible's mention of "an eye for an eye". However, the drug

laws violate this fundamental precept. The Magna Carta mandates proportionality in clause 20 -

see tables of authority. Palaschak's punishment is disproportional to the crime committed and is

therefore unconstitutional. 90 days in jail is excessive punishment for using LSD. As discussed

at issue #61, the automatic suspension and indefinite suspension by the state bar is excessive

Issue #50 GENETIC AUTONOMY - INALIENABLE RIGHT UNDER NATURAL LAW and the California

Constitution to recognize evolutionary symbiosis and to select, associate with and

procreate with like-minded people to genetically ensure propagation of empathetic

Issue #50.1: Some humans react to some drugs because of receptors to these drugs in their nervous system.

Issue #50.2: The presence of these receptors gives these people a biological advantage - or the receptors

Issue #50.3: Plants, and particularly psychotropic plants such as marijuana, peyote, magic mushrooms, and

ergot mold (similar chemically to LSD) continue to evolve and become more chemically reactive with man - and

enjoy a Darwinian biological advantage in evolving in the direction of being psychotropic. The proof is obvious;

simply observe the reported increase in the quality of indigenous marijuana in the past 20 years (a relatively

Issue #50.4: Psychotropic plants therefore (and by logical extension psychotropic chemicals) have a symbiotic

Issue #50.5: Certain unquestionably desirable traits such as empathy, compassion, and passion are

"selected for" (using genetic parlance) in high correlation with a propensity to enjoy empathogens such as

#Issue #50.6: Genetics and breeding are respectable legal human endeavors and curtailment of natural

Issue #51 Our inalienable rights include procreational rights which include the right to select a mate on the

basis of genetic traits (as manifested in the phenotype) including ability to enjoy psychotropic

substances - a trait that might well be called "mystic" - even if the majority of society does not

agree that we should have "mystic" babies or non-catholic babies. This is a fundamental choice

Issue #52 . The California Constitution recognizes such evolving rights, specifically, Article 1, Section 1

"All people are by nature free and independent and have inalienable rights [including]

#Issue #52.1: The US Supreme Court has recognized multitude of similar rights. They are collected at 47 L Ed

Issue #52.2: One cannot truly know how a person reacts while using psychotropic drugs unless one shares the

Issue #53 Therefore the right to use psychotropic drugs absent some grave, imminent, and compelling

state interest is an inalienable right and there is no grave, imminent, and compelling state

interest in precluding Palaschak from trying LSD with a friend in private. "A free man must be a

reasoning man, and he must dare to doubt what a legislative or electoral majority may most

passionately assert." Jackson, Robert, American Communications Ass. v Douds(1950) 339

Issue #54 Conclusion: Whether or not Palaschak was attempting to exercise procreative rights, Palaschak

has an inalienable right to deference for his privacy. Officers Matz and Dawson should have

respected those right and stayed away - rather than intrude - especially since Jessica's alleged

jeopardy did not constitute probable cause or reasonable grounds. Being behind closed doors

with a prospective sexual partner should trigger restraint by police - not increased vigilance -

although humans and other animals always get emotional regarding the sexual activity of others.

Explanation and drivel: Dr. Solomon Snyder in his 1988 book Drugs and the Brain, published by a

subsidiary of Scientific American, explains that almost all recreational drugs are neurotransmitters - chemicals

that react with the human central nervous system to either enhance or impede signal transmission along a nerve

circuit. (It must be noted that all forms of matter are chemicals, and all chemicals - including food - are drugs.

Proof by the Socratic Method: Why do we have a "Food and Drug Administration"? Answer: Because foods and

drugs differ only in degree. Chemistry is merely a way of interpreting life.) Until President Nixon's war on drugs

in 1968 society knew of only 1 neurotransmitter - acetylcholine. As part of his war on drugs, President Nixon

persuaded Congress to fund extensive research to find out why heroin users became addicted - more

specifically, to see if there is something in the brain to which heroin sends a signal. President Nixon's work

backfired on him - just as did the work of the Commission on Pornography. (Our parents sent us to learn - and

then were dismayed at the truth that we learned.) We learned that there is indeed something in the brain that

reacts with heroin (morphine). Darwinians then concluded the following: If there is a heroin receptor in the brain

then in must have evolved and it must have a purpose. We then learned that the human body produces

synthetic narcotic - which the popular press calls "endorphins" - a conjunction of the words "endogenous" (as

distinguished from exogenous) and "morphines". In the past 30 years we have isolated approximately 50

neurotransmitters. All recreational drugs are neurotransmitters. Pharmacologists - amateur and professional -

have mapped the nerve circuits triggered by each particular neurotransmitter. The science of drug design is the

science of achieving the specific desired reaction without any other reactions. The beauty of the drugs LSD and

ecstasy is that they are very specific with very little side effect. Furthermore, pharmacologists measure the

safety of drugs by a ratio called the "therapeutic ratio" - the drugs safety against overdose - which simply states

how much overdose would theoretically be required for an adverse reaction. Typically the adverse reaction is

tested on laboratory animals and the standard level is the level at which 50% of the exposed animals die. In

terms of safety, LSD and ecstasy are very safe because they lose their effectiveness after several consecutive

days of use - but more significantly, even a massive overdose is not toxic. Much of the bad press about LSD

was myth. In particular the stories about LSD inducing genetic mutation were found by the Department of

In the 1992 book entitled Viruses in the same series by Scientific American, we see that a huge world of

information is encoded in the DNA and RNA that we carry with us. Of importance is the observation that human

cells isolated in a petri dish multiply 80 times and then die. By comparison, cancer cells multiply forever. From

this observation scientists learned which proteins in a virus control its growth (or death). These proteins are

called appropriately "cell growth factors". It is obvious from reading this book that eternal youth and the cure of

cancer and all disease is within our grasp if we would only accelerate our rate of learning (by developing artificial

intelligence) regarding cell growth factors. One way to do this is build a computer model of the human system

expressed in terms of chemical concentrations - like we built computer models of steel structures in the 60s

based on mathematical formulas that relate stress and strain. Thankfully some people are building models now.

So why are we not finding a cure for cancer faster? Obviously, the pace is determined by many other factors

besides the presumed desirability of curing disease, but we digress. The point is that we don't yet know all we

need to know about this tremendously important aspect of molecular biology - but some of us know that it is only

a matter of time until we can directly design the kind of body we want - and rebuild old bodies, but for today, we

Issue #55 Ectomorphs, a discreet and insular minority, tend, by virtue of their relatively predominant

neural tissue and sensory organs, to enjoy and perceive psychotropic drugs and deserve special

protection by the judicial branch from majoritarian oppression - like laws against LSD.

Issue #56 Believers in Timothy Leary's theory of rejuvenalization are entitled to equal protection under the

law. Under Leary's theory the genetic aspect of behavior can only be utilized by those people

who reproduce. Corollary: Opinions of young people are important because they are the people

who have babies. Limitation: This is merely a transient phenomena - until we overcome barriers

Predicate: If we focus on that collection of genes that creates a genetic predisposition toward intellectual

Predicate: There is a subset of desirability (intellectual only - as far as we see now)that manifests itself after the

Comment: The genes are there before the trait manifests itself, and therefore will be carried on - but the theory

The theory restated: To the extent that one gender continues to reproduce after the age at which the

other gender has ceased to reproduce, there is a biological advantage to the later producing gender for

Application: Women stop reproducing before men. Any gender linked traits will be selected for in men more

Related theory: Why men are aggressive and women are nice. Palaschak’s other theory.

Application: The prosecution was a proxy for the imagined crime of punishing Palaschak for using his power to

attempt to seduce young girls. The problem of basing a prosecution on unspoken assumptions is that there is not

statutory basis or chance for defense. In this country thankfully we have the right to consensually reproduce.

Palaschak’s prosecution is Ventura county’s misguided application of prejudice against men and attempt to hold

them down the promote equality in a negative way - and it must not be tolerated. It is interference with a

More specifically: There is a particular subset of genes that fully manifests itself in later age when one

can see the achievement. Indeed sometimes the achievements of people are not recognized until after they die.

If one can reproduce late in life than one can select for these late manifesting traits - but only men can do that.

Palaschak’s corollary is related to the concept of Eugenics which is accepted in animal husbandry but

unpopular in a equalitarian societies. Robert Noyes successfully bred a generation of humans whose populace

were nearly all above the prior average - but Palaschak’s corollary is not concerned with breeding a mass of

20See ALR3d 50:1164 Marijuana, psilocybin, peyote, or similar drugs of vegetable origin as

above-average but a lower percentage of higher achievers - are these merely differences in focus, differences in

Issue #58 The suppressed 1st amendment religious rights of natural recurring Pharmacological cults

include right to express (here used in its genetic sense) in the phenotype of their progeny a

"Pharmacological cults. Although it is a foreign idea to some, drugs have played an important

role in certain religious practices in the history of religion. Indeed the ceremonial use of wine

and incense in contemporary ritual is most likely a relic of the time when the psychoactive

properties of these substances were designated to bring the ancient worshipper into closer

touch with supernatural forces. Modern studies of the 'hallucinogens' or 'psychedelic' drugs

have indicated that such drugs in certain individuals under certain conditions release or bring

about what they claim to be profound religious experiences of mystical and transcendental

nature. Such experiences involve an immediate subjective experience of ultimate reality, or the

divine, resulting from the stirring of deeply buried, unconscious, largely non rational

sensitivities. Modern students of pharmacological cults who have participated in such

ceremonies and used the drug themselves, have often been amazed at the depth of such

experienced. R. Gordon Wasson, an eminent Researcher in this field, suggests that the religious

impulse ITSELF may have had its origin in such amazement among primitive savages,

accidentally finding and ingesting psychoactive plants while foraging for food. Whatever the

psychological origin of such impulses, they are viewed as religious in nature and have been

". . . the type of drug usually encountered in cultic ceremonies is most generally

" . . .Due to the demand by drug users to practice religion in their own way a legal crisis

"Many of the drug users have performed what history shows is a characteristic act of those who

are deeply committed to any religious ideal or practice. They have defied the law and have suffered the

Of course, Palaschak did not defy the law because he MERELY USED LSD - and LSD use is not against the law.

R. Gordon Wasson (mentioned in the above article - and also in Drugs and the Brain cited elsewhere in

this brief) opened a can of worms in his Life Magazine article circa 1957 regarding the "magic mushrooms" of

South America. Hoffman, the inventor of LSD at Sandoz laboratories in 1934 later synthesized the active

ingredient in peyote cactus and found it to be mescaline which is very similar to psilocybin which is the active

ingredient in the mushrooms. We have discovered in the past 30 years that nearly all recreational drugs,

including the mushrooms of South America, and likely all organic products20 ingested by pharmacological cults,

are neurotransmitters, chemicals that significantly impede or enhance the likelihood of signal transmission at the

21 Source: Drugs and the Brain, page 188. "Stone sculptures of psychoactive mushrooms found

synapses of particular nerve circuits in humans. Hops, an ingredient in beer, is related to marijuana and likely

Teonanactl mushrooms are what we call "magic mushrooms." Teonanactl literally means "food of the

gods" in the language of the Indians Central America and Mexico. This is no more ridiculous than catholics

calling bread and wine the body and blood of Jesus Christ. Furthermore, mushroom use predates21 Christianity

although its users are obviously less globally dominant. Hence the majoritarian oppression of pharmacological

cults. From the footnote in US v Carolene Products we know that legislation affecting discrete and insular

minorities may be entitled to strict scrutiny - especially where the legislation infringes upon their religious beliefs -

or strongly held philosophical beliefs. Seeger. When the recent Uniform Controlled Substances Act was passed

in 1972, alcohol and cigarettes were then, as they are now, far more damaging to society than all the other drugs

combined, yet due to the prevalence of their use, the legislature would not think of banning them - although

California clearly has the constitutional power to do so - especially alcohol by virtue of the amendment repealing

prohibition and giving each state the right to control alcohol. The discrimination in drug laws affects the rights of

classes of Californians - and that denies these classes the right to equal protection under the California and US

Issue #Issue #58.1: Furthermore, users of LSD are more harmed by H&S code §11377 than Catholics would be

harmed by alcohol prohibition. The water and wine in the Mass are merely symbolic, the words of Jesus Christ to

the contrary notwithstanding. By comparison the LSD is more than symbolism. It is the real deal - the most

potent of the recreational drugs - and yet one of the safest in terms of therapeutic ratio. In the words of Marshal

McLuhan, the medium is the message. This is another way of saying that LSD is the center of the ritual just as

peyote is called the "flesh of the Gods". But Catholics would never face the threat of prohibition of sacramental

wine; Even during prohibition, sacramental wine was permitted, and furthermore, as cited elsewhere in this brief,

Part of the common law is the concept of inalienable rights - which occasionally we establish in writing -

in a field at Runnymede in 1215, for example, when we forced King John to sign the Magna Carta - in 1776 when

we sent the Declaration of Independence to King George and shed blood for it. Will this court, sworn to uphold

the constitution, find that our forefathers concept of liberty did not include the right to try a harmless drug? Keep

in mind that the colonists were required by law to grow marijuana so that the Navy would have hemp for ropes.

Benjamin Franklin probably used marijuana. The constitution is written on marijuana- hemp. The right to pursuit

of happiness is in the California Constitution. Palaschak now calls on this court of appeal to vindicate not only

his 1st amendment rights to speech and press and information, but his rights to associate and procreate with

other people who seek pleasure - and Palaschak asserts that said right is guaranteed to him by the Magna Carta,

the US Constitution, and most recently by the California Constitutions clause guaranteeing him the right to

pursuit of happiness. Recognizing that rights do not exist in a vacuum and that the issue of competing societal

goals requires a weighing of competing societal interests, Palaschak now asserts that in his particular situation,

his right to experience the effects of LSD - as all leading scientists in the area have done - far outweighs

societies interest in proscribing its use - and if fact the legislature has NOT proscribed the use of LSD. Therefore

to the extent that possession was incidental to his use, the proscription against possession cannot stand in this

Timothy Leary articulated a theory of rejuvenalization that states that in terms of evolution and

genetics, the opinions of people who are too old to have babies are not important in the big picture -

evolution. Leary’s theory is consistent with Darwin’s theories - and those of anthropoligists before Darwin. As a

corollary, those who want to make a difference in the gene pool must do so through procreation. If drugs are a

tool to enhance procreation then we have a fundamental right to use them - and there should be no objection if

A substantial portion of the people in Ventura County have tried and liked LSD - and the percentage is

even higher among the brighter, socially adept humans. They use their human defense mechanism of silence

(and that is why LSD use is not so obvious) to avoid oppression and invidious discrimination from Christian

The 1974 Encyclopedia Brittanica reports that sociologists have observed that for thousands of years

human cultures have based religions on the mystical feeling that they receive from eating or otherwise ingesting

certain species of plants indigenous to their geographical region. Pharmacological cults were the dominant

religion of the world until the 4th century when the Catholic Church became the official religion of the Roman

Empire. The Roman Empire then combatted other religions - resulting in such phenomena as the Spanish

Inquisition, other Inquisitions, witch burnings, and today, oppression of people who manifest their genetic

Issue #59 The hypocrisy of outlawing drugs used by young people today while continuing to permit alcohol

and continuing to subsidize tobacco - a manifestation of majoritarian oppression of discreet and

insular minorities who depend upon the judicial branch of government for relief and parity in

Issue #60 Automatic suspension by the state bar chills appellant's right to appeal this case since appellant

extends his suspension by appealing. Palaschak has been on interim suspension since his

conviction but if he dropped his appeal he would receive a punishment by the bar (generally 0 to

30 days license suspension) that is less than what he has received in punishment from the bar

Issue #61 Palaschak's 1.5 years of automatic state bar interim suspension upon this conviction with

no hearing constitutes Double Jeopardy violates due process mandates in violation of California

Constitution Article 1 section 15 and US Constitution, 5th amendment. In Re Ming (1971 CA 7th

(Chicago)) 469 F2d 1352, In Re Ruffalo 390 US 544, 20 L Ed 2d 117, 88 S Ct 1222. Ordinarily

this issue would be before the state bar, but this issue is appropriate for this court of appeal

because the harms follows so automatically from the mandate of an unconstitutional statute

(B&P 6102 c - conflicts with PC 17 b) and is so contrary to the intent of the sentencing Judge that

a criminal remedy is appropriate. The state bar has held no hearing; its punishment is therefore

strictly punishment for this crime - possession of LSD - and, more egregiously, as seen from the

order of suspension - the basis for suspension appears to be speculation regarding the facts

Issue #62 Validity of Automatic Federal Bar upon state bar suspension is improper delegation and a

violation of federalism - not to mention due process. This issue is in another brief. US v Wong

Quong Wong (DC D. Vermont 1899) Wrongfully seized papers could not be used in deportation

Issue #63 Business and Professions Code §6102 b is unconstitutional in that it permits the prosecution to

usurp judicial authority and thwart Judge Henson's intent in deeming Palaschak's crime a

misdemeanor (at RT 478) for the purpose of saving Palaschak's bar license (RT 464:12).

Authority: People v Treadwell (1885) 66 C 400, 5 P 686 ; In Re Riccardi (1920) 182 C 675, 189 P

694; Humboldt v Exxon 532 FS 899 (DC Nevada 1982) A LEADING CASE FOR MING LOGIC.

Injunction issued to prohibit Termination of franchise upon conviction of felony before conviction

is final. Termination is prohibited because conviction is not final a conviction until it has

finished the appeal process. Judge Henson deemed it a misdemeanor (RT 478) pursuant to

Penal Code 17 B. This unconstitutionally permits the prosecutor to usurp a judicial function. It

also denies Palaschak of equal protection under the California Constitution and US Constitution

conviction would result in Palaschak's loss of his license at CT 464:12 as follows:

(Trial and Sentencing Judge Burt Henson): "Well the serious problem here is whether if

he is convicted of a felony, I am sure his license to practice law is going to be revoked."

By placing Palaschak on probation, Judge Henson intended to save Palaschak from the loss of his license which

loss would (in Henson's opinion, obviously) otherwise be the result. However, because of the unconstitutional

provision of B&P 6102 the prosecution has been given the ability to subsume the role of judge and ensure that

Palaschak's punishment by the state bar is the same as if he had been convicted of a felony - which thwarts the

intention of the sentencing judge (Henson) as expressed in the above quoted sentence. This appears to be an

issue of first impression, the current section c of 6102 having apparently never been challenged on

Issue #64 Reality is in the eye of the beholder. Use of LSD is a religious experience: US Supreme

23A shaman is a priest-doctor who divines the unknown. Webster's big unabridged dictionary

explains that shamanism is a religion popular in North America, the distinctive feature of which is the

"mediumistic trance". A shamanist is one who practices shamanism. Some people who takes LSD are

shamanists - whether they call it that or not - they do it for the religious experience. Some people who

administers are shamans - it depends on the attitude. There is a special feeling of trust between a

shamanist who tries LSD or ecstasy for the first time and that shaman who administers the LSD or

ecstasy. For Palaschak this religious experience far surpassed anything that he experienced in

24Law review articles on the subject are listed in separate section of the table of authorities and

include Religious Aspects of Psychedelic Drugs by Author Walter Houston Clark in Cal. L Rev. (1968)

56:86; and LSD and Freedom of Religion Univ. of San Fran. L Rev. 1:131 (18 pages) 1966

emergence of pharmacological cults which were suppressed when Catholicism became

the dominant religion of the Roman Empire in the 4th century. Palaschak's experiment

constitutes religion and Jessica Jobin functioned as a Shaman23 - and they are entitled to

There is now no doubt that the LSD experience is a profound experience - psychically equivalent to a

religious experience24. Scientists in recent years we have discovered the reason for the profound effect of LSD -

and chemically similar neurotransmitters. (See Drugs and the Brain published by Scientific American, 1989.)

LSD works in 2 ways. It is a neurotransmitter and increases the sensory input to the brain by increasing the

tendency of certain neurons to fire. LSD also reacts with neurons in the dorsal raphe nucleus of the brain - a sort

of central clearing house on the centerline of the brain through which signals to and from the brain pass. People

routinely call the LSD experience "religious". It is not the hallucination that makes the experience religious but

rather the temporary suppression of the ego. Indeed the hallucination may not be part of every LSD experience

since Palaschak did not experience hallucinations. (Testimony of reporter Jeff Sturgeon: RT 281:14). Before

deciding whether the LSD experience of Palaschak constitutes free exercise of religion, we must consider a

A standard dictionary definition is problematic because it refers to the majoritarian view religion including

a reference to a supreme being. This was precisely the problem facing the Supreme Court in US v Seeger

where the court was faced with a statute that seemed to required religious belief in a supreme being in order to

qualify as a conscientious object. The court stretched the meaning of the concept of belief in a supreme being in

order to save the statute - in order to uphold forced conscription into the military. Quoting from the concurring

"Indian philosophy, which comprises several schools of thought has advanced different theories

of the nature of the supreme being. . . . Philosophically, the supreme being is the transcendental

reality which is truth, knowledge, and bliss. . . .In the continental United State buddhism is found

in real strength in Utah, Arizona, Washington, Oregon, and California. The Buddhist Churches of

North America, organized in 1914 as the Buddhist Mission of North America . . . In 1961 this

group alone had 55 churches and an inclusive membership of 60,000. . . When the Congress

spoke in the vague general terms of a supreme being I cannot, therefore, assume that it was so

parochial as to use the words in the narrow sense urged on us. I would attribute tolerance and

sophistication of the Congress, commensurate with the religious complexion of our communities.

In sum, I agree with the court that any person opposed to war on the basis of a sincere

belief, which in his life fills the same place as a belief in God fills in the life of an orthodox

religionist, is entitled to exemption under the statute. . . [Seeger's] questions and doubts

on theological issues, and his wonder, are no more alien to the statutory standard than are the

The conclusion is inescapable that what some people call religion is really a combination of deeply imbedded

personal philosophy and the pleasant social meetings of the religious organization - if there is an organization.

Many of the world's greatest religious figures were once considered criminal, mad or both. Jesus Christ

was crucified. Moses was a fugitive. The early Christians were accused of hatred of the human race. Martin

Contemporary public opinion is always a step behind philosophical leadership - especially as reflected in

new and transient statutes (such as national prohibition). The wisdom of popular opinion does not always bear

the test of time. There is little social value in trying to change the philosophy of people. In the 2nd century,

Pliny, Roman Governor of Bithynia killed people who would not recant their Christian beliefs. In his own words

"Those who persisted I ordered to be executed, for I did not doubt that whatever it was they

Similarly the Inquisition gave pagans a chance to recant.This lack of understanding and failure of

communication is compounded when the offense involves mystical religion. Mysticism is neither superstition nor

vague emotion but an identifiable state of mind described by Plato in the 7th book of The Republic as "the

brightest region of being." See W. Stace, Mysticism and Philosophy (1960)Walter Houston Clark. See also,

Abraham Maslow describing "peak-experience." At the core of mysticism is a perception of the world so different

from what is usually called reality that mystics universally fail to convey its nature to those who have not enjoyed

some measure of mystical perception themselves. REALITY IS IN THE EYE OF THE BEHOLDER25. Mystics

perceive unity of life and are compassionate, empathetic , and understanding as a result of the mystical

experience. Plato's analogy is that of a seeing man in a society of blind. His attempts to convey to the blind his

experience of sight would only mark him as peculiar; and his adventures into the world based on a sense of sight

Socrates was executed for mysticism. Unable to convey his wisdom to those who were imprisoned in a

world of blindness, he was executed by people who regarded anyone with a wider vision as a madman and a

Linus Pauling was awarded 2 Nobel prizes - and then condemned when he spoke out against the

During the Middle Ages, mystics were called heretics. Same result. Different name. Death. Meister

Eckhart who preached pantheism - the philosophy that God is everywhere and in all things was considered a

heretic. However, he survived because his heresy was not widely realized until after his natural death.

From Socrates and Eckhart we see history repeating itself in the case of Timothy Leary

Religious practice of polygamy by Mormons provided the occasion in 1878 for the US Supreme Court's

first articulation of the meaning of religious freedom as guaranteed in the 1st amendment. In Reynolds v US

Issue #65 (From Timothy Leary's successful brief in Leary v US 23 L Ed 2d 57 found at Hastings Law

Journal 19:667 1967/68 Psychedelics and Religious Freedom.) The court erred in denying

Palaschak an opportunity to demur to a charge of possession of LSD on the basis that LSD use

in his case constituted an experience entitled to religious protection, that LSD is very effective

and predictable but relatively safe, and that the 1st amendment protection is not outweighed by

Issue #66 Whether we consider Palaschak's LSD experience to be a delayed rite of passage, an

educational experience, a bonding ritual, or simply a ceremony, it was important to him and use

of LSD in a religious ceremony, quasi-religious ceremony, rite of passage, or personal

celebration may not be infringed by generally applicable statue unless it amounts to a grave

abuse endangering paramount interest or there is a compelling government interest in denying a

"The Religion then of every man must be left to the conviction and conscience of every

man; and it is the right of every man to exercise it as these may dictate . . . Before any

man can be considered as a member of Civil Society, he must be considered as a subject

of the Universe . . ." James Madison, Memorial and Remonstrance, in 6 Papers of James

Conventional wisdom might scoff at affording religious protection to a Grateful Dead Concert equal to the

protection that we give conventional churches but in the final analysis they are both gatherings of like-minded

people celebrating their deeply held beliefs. At a Christian religious ceremony a substantial portion of the

congregation may partake of that drug known as alcohol in the form of wine - even those children who are under

21 drink it. At a Dead Head concert a substantial portion of the congregation may partake of LSD - the

Issue #66.1: Religious protection is a preferred right - and this triggers strict scrutiny analysis.

Within our constitutional system, religious exercise, like speech receives special protection against

legislative infringement. These preferred rights guaranteed by the 1st amendment, more so than general

liberties assured by the 5th and 9th amendment, may not be infringed by legislation supported merely by rational

basis testing. The singular importance of religious exercise and political and other speech in our constitutional

jurisprudence imposes on the government the burden of demonstrating a compelling,not merely a reasonable,

interest in their abridgment. Authority: Sherbert V Verner, NAACP v Button, Thomas v Collins, Bridges v

In Sherbert v Verner the Supreme Court held that a state could not constitutionally deny unemployment

compensation to one whose "unavailability" for Saturday employment was religiously motivated. The court

"It is basic that no showing merely of a rational relationship to some colorable state interest

would suffice; in this highly sensitive constitutional area only the gravest abuses, endangering

paramount interests, give occasion for permissible limitations." - Sherbert V Verner 374

At In Re Jenison 374 US 398 (1963) the court remanded the criminal contempt conviction of a woman who

based her refusal to render jury service on religious grounds. In Sherbert the court reaffirmed it understanding of

the free exercise clause expressed 20 years earlier in West Virginia State Board of Education v Barnette (1943)

319 US 624 invalidating a compulsory flag salute as applied to Jehovah's Witnesses.

Religious liberties "are susceptible to restriction only to prevent grave and immediate dangers to

Religious exercise can be constitutionally inhibited by laws "which are either imperatively

necessary to protect society as a whole from grave and pressing imminent dangers or which,

without any general prohibition, merely regulate the time, place or manner of religious activity." -

Does California have a lawful interest in protecting an adult from himself when the adult desires to use a drug

that is used everyday in Ventura County with no more risk than other normal activities? If the use of the drug is

not serious enough to prohibit, then its possession incidental to use cannot logically constitute a "grave and

As to the speculative fear of fraudulent religious claims, the Supreme Court concluded in Sherbert that

speculative fear of fraudulent claims did not approach a compelling state interest, and that there was no

evidence to support the assertion that allowance of religious exemptions would significantly impair statutory

The Supreme Court reversed a breach of peace conviction arising from religious solicitation in the

absence of a "clear and present danger" in Cantwell v Connecticut (1940) 310 US 296, 311.

But more significantly for the case at hand, where California seeks to protect Palaschak from himself, the

Illinois Supreme Court upheld the right of an adult to refuse a blood transfusion on religious grounds at In Re

Issue #66.2: The rationale of religious freedom. Religion, like speech, is afforded constitutional priority over all

by compelling state interest because of its vital significance to the individual and to society. The framers of the

constitution understood that the highest value is man himself and that religious experience was a profound

means toward self-fulfillment. Observe that man - not Got - is the highest value - since we cannot agree on

the meaning of God - much less God's intent. Our drug laws have turned the law on its head by

proclaiming that some higher authority mandates that we refrain from using drugs for the purpose of

pleasure - and this means that the statutes have a religious intent - and they are unconstitutional on that

basis. Our forefathers knew that to forbid unorthodox modes of religious experience and worship is to make . . .

[religious] beliefs an empty shell and religious life a hollow mockery." Authority: -Summers, The Sources and

Limitations of Religious Freedom 41 Ill L Rev 53, 69 (1949). In preserving religious freedom the framers

preserved man's opportunity to know and experience the deepest, the highest, the ultimate, the infinite, the good

26J. Nerv. and Mental Disease 130:30 (1960) Lysergic Acid Diethylamide: Side Effects and

and the true by whatever means he believed could most profoundly reveal it. Our awareness and our pursuit of

intellectual stimulation and emotional satisfaction (pleasure, for some) is what distinguishes us, and only to the

Religious experience, in providing man with important insights about the meaning and purpose of life and

about man's obligations to his fellow man, not only facilitates persona fulfillment, but provides society with a vital

safety valve - a way or place for exploration of matter of ultimate societal concern, for a profound view from

another dimension. Thus, like freedom of speech, religious freedom keeps open the channels of investigation

and exploration through which the purposes and principles of man and society may be ever tested and

Through out our constitutional history, the Supreme Court has affirmed these values of religion.

Appellant will demonstrate by comparing the testimony below that he would have provided by demurrer with the

writings of religious scholars and opinions of the Supreme Court, that the experience he sought through LSD is

"We can have intellectual individualism and the rich cultural diversities that we owe to

exceptional minds only at the price of occasional eccentricity and abnormal attitudes." Supreme

Court in West Virginia State Board of Education v Barnette (1943) 319 US 624, 641.

Issue #67 To the extent that drug laws regulate private harmless activity they exist merely to enforce

the Bible. Palaschak in biblical terms "ate the fruit from the forbidden tree of the knowledge of

good and evil". Perhaps Moses was talking about eating psychotropic plants; maybe Moses was

proscribing us from acting with pharmacological cults - competing religions. The proscription

against harmless adult use of LSD more than intolerance of alternative religious views; the

Issue #68 The constitutional right to religious use of similar hallucinogens has been enunciated by the

Issue #69 The ingestion of LSD, a relatively harmless substance cannot reasonably be deemed a grave

abuse endangering paramount government interest. A survey of 5000 persons who had used

LSD or mescaline in a supervised setting concluded that "with proper precautions the drugs are

safe when given to a selected healthy group."26 Issue # LSD is not a narcotic, nor is LSD

addictive. LSD is much safer than gasoline, matches, automobiles, alcohol and most other

drugs. LSD does not cause chromosome damage (source: Acid Dreams) and it was clinically

administered to children for over a year to treat autism. Source: 1974 Ency. Brit.

Issue #70 LSD does not cause crime - indeed Timothy Leary succeeded in reducing recidivism by treating

27Edna and Donald Ballard ran the "I am" movement largely by mail order. They told their

followers that Guy Ballard after death came back to earth to dictate, and that the Ballards could cure

diseases. This is no more bizarre than that of 14 year old boy named Joseph Smith who, in 1820, said

that God had appeared to him, and later, in 1823 that an angel named Moroni told him about engravings

in gold which were supposedly delivered to Smith in 1827 and then were taken back by the angel.

Palaschak doesn't believe Joseph Smith's implausible story. But a Ventura Municipal Court Judge does;

and a Superior Court Judge in Ventura says that he believes that he has a 6th sense that permits him to

know when people are telling the truth (Source: Judicial Profiles). Palaschak believes in science, more

particularly, in pharmacy, in chemistry, in the biochemistry of neuropharmacology, and in the potency of

LSD. He can prove to you that certain drugs will make you feel a certain way in certain situations - and

he experienced the profound feeling that LSD induces. But the US Supreme Court held in Ballard that

we are not to question the sincerity of Palaschak's beliefs - nor those of the Municipal Court Judge who

prisoners with LSD. Sources: 1) Acid Dreams; 2) Flashbak - Timothy Leary’s biography; 3)

Issue #70.1: LSD does not lead to heroin addiction; indeed, like ecstasy, it loses its effect after approximately 3

Issue #70.2: LSD does not cause physiological or psychological harm - the therapeutic ratio is very high -

Issue #70.3: Since alcohol, being almost certain to cause heart stoppage upon consumption of only 40 ounces,

is much more dangerous than LSD, and since society does not find the former sufficiently dangerous to warrant

general prohibition even of its frivolous uses, there is o sound logical basis for finding that LSD creates a grave

abuse justifying infringement of religious exercise or that there is a compelling governmental interest in

Issue #71 Since the transcript (if and when available) will show that appellant was denied a reasonable

opportunity to demur to his complaint and to bring forth witnesses to support his contention that

LSD is potent but safe, and since the record will show that appellant was scoffed at when

requesting time to prepare the demur, appellant is entitled to a rehearing upon his demur unless

Issue #72 Appellant is being punished for heresy - like William Penn and like the victims of the Alien and

Sedition acts. Justice Douglas said in US v Ballard (1944) 322 US 78, 86-88, 88 L Ed 1148:

"Heresy trials are foreign to our Constitution. Men may believe what they cannot prove...Religious

experiences which are as real as life to some may be incomprehensible to others...So we

conclude that the district court ruled properly when it withheld from the jury all questions

concerning the truth of falsity of the religious beliefs or doctrines of the respondents27.

Issue #73 Under Seeger and Woody and the California Constitution's Equal Protection Clauses, it would

be invidious discrimination not to permit Palaschak to use LSD while permitting persons of other

races and religions similar rights to similar rites. See US v Seeger (1965) 380 US 163, 13 L Ed

2d 733, 85 S Ct 850. See also L Ed 2d 37:1147 Supreme Court cases involving establishment

28This book change my life. - Douglas Palaschak. There are 2 books by this same author with the same title. The book

published by the book branch of Scientific American is the correct book - and much better than the other book with the same title.

and freedom of religion clauses of federal constitution. See also ALR3d 35:939 Free Exercise

Ojai is not merely a local center but a global center of Eastern mysticism - and a threat to hostile

Christians (as explained by the strictly Christian ministers that are invited to the jail - and the jail provides free

bibles also - but no mystic literature or ministry). Timothy Leary at age 41 learned about drugs from a person

from Ojai - Maynard Fergeson's wife. Source: Timothy Leary's biography and Acid Dreams, 1992. A substantial

portion of the young adult population has used LSD - a rite of passage in California.

There is a trend away from dogmatic monarchial religion and a trend toward individualized religions

including secular humanism and more individualistic and personally customized beliefs. The constitution does

not protect merely organized religion, it protects all religions - and Seeger says that constitutional protection

inures to the benefit of those whose strongly held philosophical beliefs occupy that same mental space as

organized religion would otherwise occupy. But we need not found our argument on an absence of religion

because our claim is that mysticism and pharmacological cults are natural religion and older than Christianity -

and that the pursuit of the LSD experience is merely the pursuit of the Peyote experience in a faster-paced, more

advanced culture. One need not belong to a particular religion at birth to claim the constitutional protection of

Issue #74 Health and Safety Code §11213 is unconstitutional as applied in that it discriminates against

discrete and insular minorities by permitting only certain majoritarian factions to perform

research on drugs in violation of California's equal protection clause and in violation of the 1st

amendment and in violation of unenumerated rights which be default inure to the citizen by

virtue of our limitations upon the powers of government - and furthermore outcome driven

research is bad science. All the prominent writers and researchers have tried LSD - Solomon

"Research scientists and clinicians such as psychiatrists have sometimes deliberately taken

compounds [LSD] in efforts to understand how it feels to be a ... psychotic patient...It has been

hoped that the study of such chemically induced 'model psychoses' would improve methods of

treatment... Some psychiatric workers speak of psychedelic substances, controversially held to

expand perceptional horizons and insight among a variety of people under treatment for such

disorders as alcoholism, rigid personality patterns, and sexual frigidity. The ... changes

produced by psychedelic chemicals have sometimes been interpreted as loosening of the ego

boundaries, or disrupting ego defenses [inducing] ...thoughts feelings and perceptions that are

usually outside the individual's awareness [conscious]. Persons who take such drugs may

Issue #75 If we permit only established factions to experiment and write about drugs, then we have

destroyed the free marketplace of ideas. Dr. Solomon Snyder, author of "Drugs and the

Brain28" tells about his own LSD experience at page 179 of his book. English writer Aldous

29Albert Hofman discovered the psychedelic powers of LSD by accident at Sandoz laboratories

on April 16, 1943. His peculiar feelings after handling LSD that day caused him to eat 0.25 milligrams of

LSD the next day - when he confirmed that it was indeed the LSD that caused the remarkable mental

adventure. 0.25 milligrams = 250 micrograms = 2.5 times the normal dosage of LSD. By comparison,

the normal dosage of ecstasy and similar drugs is 150 milligrams = 150,000 micrograms. Therefore LSD

30 Ecstasy is also called xstasy or MDMA which is short for 3,4 methylenedioxy-Nmethamphetamine.

31Case #B045046, CR 24214, Art Silver, 4216 Thatcher Road, Ojai. Raid was September 14,

1988. 11378/9 via 11401. Sgt. Pentis: narc. Dave Volmer:snitch. $15,000 buy money for 3000 E tabs.

Co-def Gary Bennion took narcs to Art's house. 1st counsel: Larry Noble. Counsel:prelim:Richard

Walton, 880 W 1st, LA 90012. Appellate Counsel: Brother Bob Silver's office mate, Robert Foote, 21 S.

Cal. #305, Ventura CA 93001. Pros:Kim Gibbons. Cases cited by court of appeal in adverse analog

ruling: US v Mazurie 1975 419 US 544, US v Desurra 865 F2d 651, 916 F2d 1008, 1010.

Huxley described his personal experience with the hallucinogen mescaline in the 1954 classic

"Doors of Perception". Swiss chemist Albert Hofmann29 of Sandoz laboratories wrote about LSD

from firsthand experience in "LSD -My Problem Child". Similarly, Alexander Shulgin, a prolific

pro-chemical writer and retired Dow chemist in San Francisco, discovered ecstasy30 and a

multitude of similar drugs - and even testified in Ventura County31. H&S 11213 and similar

federal restriction on research and experimentation are NOTHING LESS THAN SUPPRESSION

now know that the forces that drove Timothy Leary from Harvard were not anti-LSD; rather they

wanted LSD for military use - and had secret research contracts. An LSD analog, BZ, was used

in combat in Viet Nam32. R. Gordon Wasson, a vice president of J.P.Morgan Bank in 1956

traveled to Mexico to experiment with magic mushrooms and to write about them in Life

Magazine. If we suppress experimentation and research then the only people who will truly know

about LSD are people who either work for established laboratories (like Shulgin, Leary, Hofmann,

and the people who work for the DEA) or who can afford to travel abroad (like Banker Wasson).

Issue #76 Stay of Search terms pending appeal. Palaschak's 4th amendment rights were violated by Judge

Henson's refusal to stay the search terms of probation pending appeal. Refusal of the trial court

to stay imposition of ALL terms of probation effectively denies a defendant of his constitutional

right to appeal - and discriminates against poor defendants who cannot afford the cost of a bail

bond. There is case right on point but I don’t recall the name and it is a ruling against

Issue #77 The election to give up a dealer to obtain a conviction upon a user was invidious discrimination

33Sledge v Sup. Ct. (1974) 11 C3d 70. People v Hayes (1985) 163 CA3d 371;People v

MacAfee 109 CA3d 808; Frederick v Just.Ct. (1974) 47 CA3d 687; People v Duncan (1990) 216 CA3d

discrimination on age and gender basis as forbidden in Yick Wo v Hopkins (1886) 30 L Ed

220. See Cal Crim Forms. §27.5: Mot. to Dis. for Disc. Pros.; US v Steele (1972) 461 F2d

1148; ALR3d 95:280 - Disc. Pros.; In Re Carol Lane 58 C2d 99,110; People v Sup. Ct. (Hartway)

19 C3d 338; Murgia v Muni. Ct. (1975) 15 C3d 286; People v Smith (1984) 155 CA3d 1103

Issue #78 Probation search terms are unconstitutional. Palaschak should not be required to relinquish his

4th amendment rights to utilize the benefits of probation. Our civil rights are inalienable.

Issue #78.1: Palaschak must be granted diversion because prosecutor's purpose is electing to utilized a grand

jury on the eve of the preliminary examination was to ensure that: 1) Palaschak would continued to remain

ineligible for diversion (the preliminary hearing would have revealed the fatal deficiencies in the allegations of

nondivertible offenses; and 2) that unconstitutional Business and Professions Code 6102 c would trigger interim

suspension (because the determination by a magistrate that the crime is a misdemeanor pursuant to Penal Code

section 17 b 5 would be precluded). See ALR4th 44:401 Lim. on Pros. Dis. re: indictment.

Issue #79 Refusal to appoint counsel to replace withdrawn appointed counsel. Judge Henson's

refusal to appoint new counsel upon withdrawal of appointed counsel Cassy on _ (date to be

obtained from augmented record) constitutes a denial of counsel - and mandates reversal even

after judgment since Palaschak was required to litigate several post-trial motions to correct

mistakes of the sentencing judge and was prejudiced by virtue of being INCARCERATED

unconstitutional search terms - and other prejudices about which Palaschak does not know

because he has no trial court counsel - and appellate counsel Dolge has cut off communication

with Palaschak despite appellate court's refusal to relieve Dolge. Thus, in effect, Palaschak is

entitled to trial counsel and appellate counsel and has neither - and faces the prospect of going

Issue #80 Palaschak was entitled to a preliminary examination because his prosecution was started with

Issue #81 Penal Code section 1000 is unconstitutional to the extent that it deprives Palaschak of the

opportunity to participate in drug diversion despite being acquitted of the allegation that

prevented him from being eligible for drug diversion. Palaschak requested diversion and was

denied on 27 September 1991 (CT 8) and several times thereafter. An order denying diversion

Issue #82 De Minimus crimes. November 9, 1995: When I researched de minimus I found the following

stuff which should be added to an argument regarding denial of diversion. Argument: Zero

tolerance is oppressive. Look at all the other areas where we permit deminimus violation -

HLTH & S Sec. 11550, Unlawful acts; penalties; rehabilitation programs; possession of firearms;

Failure to divert in a de minimus situation, as where person uses for a bad headache a codeine tablet

prescribed for someone else, would be a gross abuse of discretion. Bosco v. Justice Court of

Exeter-Farmersville Judicial Dist. (App. 5 Dist. 1978) 143 Cal.Rptr. 468, 77 Cal.App.3d 179.

Sec. 25811.5. Low-level radioactive waste; plan for management, treatment and disposal; elements

In addition to the requirements imposed by Section 25811, the department shall develop an overall

plan, in consultation with other state, regional, and federal agencies, for the management, treatment, and

disposal of low-level radioactive waste generated within California. The plan shall contain, at a minimum,

(a) Specific contingency plans to address the needs of the state for the short-term storage of low-level

radioactive waste in the event of a precipitous closure of existing out-of-state commercial waste disposal

facilities and to evaluate feasible alternatives for meeting the state's needs. This element of the plan shall

(1) The amount and kinds of low-level radioactive waste generated by California licensees and current

(2) The size and nature of an interim storage facility required to meet California's interim low-level

(3) The cost of developing and operating an interim storage site by the department or contracting

(4) Criteria for the siting of an interim storage site, including, but not limited to, all of the following:

This element of the plan shall be completed and submitted to the appropriate committees of each

(b) A classification scheme for the separation of low-level waste which will facilitate the management,

treatment, storage, and ultimate disposal of such waste. This classification scheme shall consider such

matters as possible de minimus radiation levels for specific radionuclides, the quantity and specific

activity of the material, its persistence, toxicity, chemical form, reactivity, and the principal radionuclides

present. The classification scheme shall also include the specifications necessary to determine which

classes of waste may or may not be accepted for storage in an interim storage facility established

pursuant to Section 25813, which may or may not be held by the licensee for decay to specified residual

radioactivity levels and which require long-term isolation from the environment, as the case may be, for the

protection of the public health and safety. The department may require as a condition of licensure the

submission of information necessary to determine the total amount of waste produced in each class of the

classification scheme. The department may, by regulation, adopt the classification scheme establishing

which wastes may or may not be accepted at an interim storage facility or at a treatment or disposal

LABOR Sec. 6317, Citation or notice, abatement; civil penalties; limitations; records

Under no circumstances shall a notice be issued in lieu of a citation if the violations are serious,

The division may impose a civil penalty against an employer as specified in Chapter 4 (commencing

with Section 6423) of this part . A notice in lieu of a citation may not be issued if the number of first

instance violations found in the inspection (other than serious, willful, or repeated violations) is 10 or more

No citation or notice shall be issued by the division for a given violation or violations after six months

The director shall prescribe procedures for the issuance of a citation or notice.

The division shall prepare and maintain records capable of supplying an inspector with previous

The 1991 amendment deleted the proviso regarding civil penalties, which read, "provided, that no civil

penalty shall be imposed against any employer for first-instance violations of any standard, rule, order or

regulation, (other than serious, willful, or repeated violations) resulting from the inspection of the

employer's establishment or workplace, unless the establishment or workplace is cited, on the basis of the

The 1976 amendment inserted, in the first paragraph, the last two sentences; and inserted "with

respect to such de minimus violations" in the second paragraph [see Historical Note for 1985 amendment,

"In the event the violations found in an inspection or investigation do not have a direct relationship upon

the health or safety of an employee a 'notice' in lieu of citation may be issued with respect to such de

minimus violations. The director shall prescribed guidelines for the issuance of such notices."