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44-435: Jack Herer ( / ˈ h ɛr ər / ; June 18, 1939 – April 15, 2010), sometimes called the "Emperor of Hemp", was an American cannabis rights activist and the author of the 1985 book The Emperor Wears No Clothes . Herer founded and served as the director of the organization Help End Marijuana Prohibition (HEMP). As an activist, he advocated for the decriminalization of the cannabis plant and argued that it could be used as

88-506: A bill of rights or similar document. They are also defined in international human rights instruments , such as the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights . Civil and political rights need not be codified to be protected. However, most democracies worldwide do have formal written guarantees of civil and political rights. Civil rights are considered to be natural rights . Thomas Jefferson wrote in his A Summary View of

132-577: A book — in 2020 in its fourteenth edition after having been continuously in print for 35 years — frequently cited in efforts to decriminalize and legalize cannabis and to expand the use of hemp for industrial use. In 1987, Herer opened the Third Eye Shoppe head shop in Portland, Oregon . Herer's son Mark Herer took over as the shop's owner in 2001. The Third Eye closed on March 31, 2017. A former Goldwater Republican , Herer twice ran for President of

176-536: A group focused on fighting racism and Jim Crow. Other things that civil rights have been associated with are not just race but also rights of Transgender and other LGBTQ individuals. These have been fights over sexuality instead of race and focused around whether these individuals may access certain spaces like bathrooms according to their sexual identity or biological sex. Gavin Grimm's fight in Virginia over whether he could use

220-433: A renewable source of fuel, medicine, food, fiber, and paper/pulp and that it can be grown in virtually any part of the world for medicinal as well as economic purposes. He further asserted that the U.S. government has been deliberately hiding the proof of this from its own citizens. An early glass pipe entrepreneur, Herer opened his first head shop in 1973. In 1985, Herer self-published The Emperor Wears No Clothes ,

264-524: A role. Implied or unenumerated rights are rights that courts may find to exist even though not expressly guaranteed by written law or custom; one example is the right to privacy in the United States , and the Ninth Amendment explicitly shows that other rights are also protected. The United States Declaration of Independence states that people have unalienable rights including "Life, Liberty, and

308-412: Is a documentary made about Herer's life that aired on PBS stations throughout the U.S., and was translated into French and Spanish. Books Articles Cannabis rights Cannabis rights or marijuana rights (sometimes more specifically cannabis consumer rights or stoner rights ) are individual civil rights that vary by jurisdiction. The rights of people who consume cannabis include

352-506: Is a well-known non-profit organization that helps to preserve freedom of speech and works to change policy. Another organization is the NAACP , founded in 1909, which focuses on protecting the civil rights of minorities. The NRA is a civil rights group founded in 1871 that primarily focuses on protecting the right to bear arms. These organizations serve a variety of causes, one being the AFL–CIO , which

396-434: Is fun," to being about health and social justice. It's been noted that African-American communities may be suffering the most from the continued prohibition of cannabis, although consumption rates are approximately the same as white citizens. Arrests for African-Americans are 3.73 times higher in comparison. Activists hope to see those numbers decrease with gained rights. Until the 20th century, there were no prohibitions in

440-562: Is punished by imprisonment for several years. The movement around cannabis laws and rights has been growing since as early as the 1960s. Multiple organizations both for and against cannabis usage have been created and merged over the past 60 years as the country has changed and perception of marijuana rights has changed. One pro-marijuana group is NORML (The National Organization for the Reform of Marijuana Laws). The conversation about cannabis rights has shifted from picket signs declaring "Pot

484-402: Is that if individuals have fewer political rights than are they more likely to commit political violence such as in countries where individual rights are highly restricted. That is why it is important for countries to protect the political rights of all citizens including minority groups. This extends to racial, ethnic, tribal, and religious groups. By granting them the same rights it helps reduce

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528-490: Is the most common drug, consuming of cannabis goes up to 66 percent than other drugs in the country. The death penalty is given to the people who grow cannabis, or a minimum fine of $ 550,000, based on the National Anti-Narcoticts (BNN) law. Different religions have varying stances on the use of cannabis , historically and presently. In ancient history some religions used cannabis as an entheogen , particularly in

572-544: Is unclear about cannabis rights because despite state laws, cannabis remains federally illegal. Consequently, cannabis consumers do not belong to a protected class . Courts will address the issues surrounding housing and employment law, and disability discrimination . As of 2019 in the United States, eleven states and the District of Columbia have legalized medical and recreational cannabis, with 25 more states decriminalizing

616-583: The District of Columbia . An additional 14 states have more restrictive laws allowing the use of low-THC products. Cannabis remains illegal at the federal level by way of the Controlled Substances Act , under which cannabis is classified as a Schedule I drug with a high potential for abuse and no accepted medical use. In December 2014, the Rohrabacher–Farr amendment was signed into law, prohibiting

660-635: The Edict of Milan in 313, these rights included the freedom of religion; however, in 380, the Edict of Thessalonica required all subjects of the Roman Empire to profess Nicene Christianity. Roman legal doctrine was lost during the Middle Ages, but claims of universal rights could still be made based on Christian doctrine. According to the leaders of Kett's Rebellion (1549), "all bond men may be made free, for God made all free with his precious blood-shedding." In

704-504: The Indian subcontinent where the tradition continues on a more limited basis. In the modern era Rastafari use cannabis as a sacred herb. Meanwhile, religions with prohibitions against intoxicants, such as Islam, Buddhism, Bahai, Latter-day Saints (Mormons), and others have opposed the use of cannabis by members, or in some cases opposed the liberalization of cannabis laws. Other groups, such as some Protestant and Jewish factions, have supported

748-628: The Justice Department from prosecuting individuals acting in accordance with state medical cannabis laws. An international argument for medical usage includes the right to health , as guaranteed by the International Covenant on Economic, Social, and Cultural Rights. What determines "health" or "healthy" is disputed between individuals and governmental bodies. There were around two million cannabis users in Indonesia in 2014, reported by

792-534: The National Anti-Narcotics Agency ( Badan Narkotika Nasional - BNN ). This makes cannabis the most popular drug in Indonesia followed by amphetamine-type stimulants (ATS) such as methamphetamine (shabu) and ecstasy . Most of the cannabis is distributed by the western province of Indonesia called Aceh . 37,923 people were imprisoned because of cannabis between 2009 and 2012. Twenty-six people were imprisoned, on average, each day. Because cannabis

836-525: The U.S. Bill of Rights (1789). The removal by legislation of a civil right constitutes a "civil disability". In early 19th century Britain, the phrase "civil rights" most commonly referred to the issue of such legal discrimination against Catholics. In the House of Commons , support for civil rights was divided, with many politicians agreeing with the existing civil disabilities of Catholics. The Roman Catholic Relief Act of 1829 restored their civil rights. In

880-642: The right to a fair trial , (in some countries) the right to keep and bear arms , freedom of religion , freedom from discrimination , and voting rights . They were pioneered in the seventeenth and eighteenth-century during the Age of Enlightenment . Political theories associated with the English, American, and French revolutions were codified in the English Bill of Rights in 1689 (a restatement of Rights of Englishmen , some dating back to Magna Carta in 1215) and more fully in

924-493: The 17th century, English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed such rights . The Parliament of England adopted the English Bill of Rights in 1689. It was one of the influences drawn on by George Mason and James Madison when drafting the Virginia Declaration of Rights in 1776. The Virginia declaration heavily influenced

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968-880: The French Declaration of the Rights of Man and of the Citizen in 1789 and the United States Bill of Rights in 1791. They were enshrined at the global level and given status in international law first by Articles 3 to 21 of the 1948 Universal Declaration of Human Rights and later in the 1966 International Covenant on Civil and Political Rights . In Europe, they were enshrined in the European Convention on Human Rights in 1953. There are current organizations that exist to protect people's civil and political rights in case they are infringed upon. The ACLU , founded in 1920,

1012-502: The Rights of British America that "a free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate ." The question of to whom civil and political rights apply is a subject of controversy. Although in many countries citizens are considered to have greater protections against infringement of rights than non-citizens, civil and political rights are generally considered to be universal rights that apply to all persons . One thing to mention

1056-659: The September 2009 heart attack. He was 70 years old at the time of his death. Herer was buried at the Eden Memorial Park Cemetery in Mission Hills, California . European experts on hemp, like Dr. Hayo M.G. van der Werf, author of the doctoral thesis Crop physiology of fibre hemp (1994), and Dr. Ivan Bocsa criticized Herer for making unrealistic claims regarding the potential of hemp (cf. the work of Lyster Hoxie Dewey ). A sativa -dominant hybrid strain of cannabis

1100-421: The U.S. against growing and consuming cannabis. By the mid-20th century, possession of marijuana was a crime in every U.S. state (and most other countries). In 1996, the passing of Proposition 215 by California voters restored limited rights for medical cannabis patients in the state. Other states and countries have since joined California in guarding rights of cannabis consumers. In the United States, much

1144-618: The United States , in 1988 (1,949 votes) and 1992 (3,875 votes), as the Grassroots Party candidate. In July 2000, Herer suffered a minor heart attack and a major stroke while attending the BioFach trade show, resulting in difficulties speaking and moving the right side of his body. Herer mostly recovered, and claimed in May 2004 that treatment with the Amanita muscaria , a psychoactive mushroom ,

1188-625: The United States gathered steam by 1848 with such documents as the Declaration of Sentiment. Consciously modeled after the Declaration of Independence , the Declaration of Rights and Sentiments became the founding document of the American women's movement, and it was adopted at the Seneca Falls Convention, July 19 and 20, 1848. Worldwide, several political movements for equality before

1232-485: The United States, the term civil rights has been associated with the civil rights movement (1954–1968), which fought against racism. The movement also fought segregation and Jim Crow laws and this fight took place in the streets, in public places, in government, and in the courts including the Supreme Court. The civil rights movement was also not the only movement fighting for civil rights as The Black Panthers were also

1276-412: The accused , including the right to a fair trial ; due process ; the right to seek redress or a legal remedy ; and rights of participation in civil society and politics such as freedom of association , the right to assemble , the right to petition , the right of self-defense , and the right to vote . These rights also must follow the legal norm as in they must have the force of law and fit into

1320-435: The area include Wesley Newcomb Hohfeld , and Jean Edward Smith . First-generation rights, often called "blue" rights, deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature, as well as strongly individualistic : They serve negatively to protect the individual from excesses of the state. First-generation rights include, among other things, freedom of speech ,

1364-420: The bathroom of his choice is a well known case in these civil right fights. Another issue in civil rights has been the issue with police brutality in certain communities especially minority communities. This has been seen as another way for minority groups to be oppressed and their rights infringed upon. Outrage has also been a massive result of incidents caught on tape of police abusing and in some cases causing

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1408-463: The deaths of people from minority groups such as African Americans. That is why to address the issue has been accountability to police engaging in such conduct as a way to deter other officers from committing similar actions. T. H. Marshall notes that civil rights were among the first to be recognized and codified, followed later by political rights and still later by social rights. In many countries, they are constitutional rights and are included in

1452-478: The drug. Fourteen state and federal laws still classifies cannabis as illegal, placing cannabis as a "Schedule 1" drug. Being federally illegal, profits cannot be handled through federally-insured banks (including checks or deposits), so cannabis retailers are forced to use cash or remain vague about business practices. In the United States, the use of cannabis for medical purposes is legal in 33 states, four (out of five) permanently inhabited U.S. territories , and

1496-498: The government intervene to protect individuals from infringement on their rights by other individuals , or from corporations —e.g., in what way should employment discrimination in the private sector be dealt with? Political theory deals with civil and political rights. Robert Nozick and John Rawls expressed competing visions in Nozick's Anarchy, State, and Utopia and Rawls' A Theory of Justice . Other influential authors in

1540-424: The law occurred between approximately 1950 and 1980. These movements had a legal and constitutional aspect, and resulted in much law-making at both national and international levels. They also had an activist side, particularly in situations where violations of rights were widespread. Movements with the proclaimed aim of securing observance of civil and political rights included: Most civil rights movements relied on

1584-653: The pursuit of Happiness". It is considered by some that the sole purpose of government is the protection of life, liberty , and property. Some thinkers have argued that the concepts of self-ownership and cognitive liberty affirm rights to choose the food one eats, the medicine one takes , and the habit one indulges . Civil rights guarantee equal protection under the law. When civil and political rights are not guaranteed to all as part of equal protection of laws , or when such guarantees exist on paper but are not respected in practice, opposition, legal action and even social unrest may ensue. Civil rights movements in

1628-547: The right to be free from employment discrimination and housing discrimination . Anti-cannabis laws include civil infractions and fines , imprisonment , and even the death penalty . The use of cannabis for recreational purposes is prohibited in most countries. Many have adopted a policy of decriminalization to make simple possession a non-criminal offense (often similar to a minor traffic violation). Others have much more severe penalties such as some Asian and Middle Eastern countries where possession of even small amounts

1672-466: The risk of political violence breaking out. According to political scientist Salvador Santino F. Regilme Jr., analyzing the causes of and lack of protection from human rights abuses in the Global South should be focusing on the interactions of domestic and international factors—an important perspective that has usually been systematically neglected in the social science literature. Custom also plays

1716-436: The second portion). The theory of three generations of human rights considers this group of rights to be "first-generation rights", and the theory of negative and positive rights considers them to be generally negative rights . The phrase "civil rights" is a translation of Latin jus civis (right of the citizen). Roman citizens could be either free ( libertas ) or servile ( servitus ), but they all had rights in law. After

1760-429: The system of administrative justice. A key feature in modern society is that the more a state can guarantee political rights of citizens the better the states relations are with its citizens. Civil and political rights form the original and main part of international human rights . They comprise the first portion of the 1948 Universal Declaration of Human Rights (with economic, social, and cultural rights comprising

1804-560: The technique of civil resistance , using nonviolent methods to achieve their aims. In some countries, struggles for civil rights were accompanied, or followed, by civil unrest and even armed rebellion. While civil rights movements over the last sixty years have resulted in an extension of civil and political rights, the process was long and tenuous in many countries, and many of these movements did not achieve or fully achieve their objectives. Questions about civil and political rights have frequently emerged. For example, to what extent should

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1848-406: The use of medicinal cannabis . Civil rights Civil rights generally include ensuring peoples' physical and mental integrity, life , and safety , protection from discrimination , the right to privacy , the freedom of thought , speech , religion , press , assembly , and movement . Political rights include natural justice (procedural fairness) in law , such as the rights of

1892-481: Was named after Herer in honor of his work. The Jack Herer strain was originally created by Sensi Seeds . Today almost all seed banks carry their own take on this famous cannabis favorite. This strain has won several awards, including the 7th High Times Cannabis Cup . Jack Herer was also inducted into the Counterculture Hall of Fame at the 16th Cannabis Cup in recognition of his first book. Emperor of Hemp

1936-571: Was the "secret". On September 12, 2009, Herer suffered another heart attack while backstage at the Hempstalk Festival in Portland, Oregon . He was discharged to another facility on October 13, 2009. Paul Stanford of The Hemp and Cannabis Foundation said, "He is waking up and gazing appropriately when someone is talking... but he is not really communicating in any way." On April 15, 2010, Herer died in Eugene, Oregon , from complications related to

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