Ken Kennedy's lifestream from Kenzoid's Autonomous Zone

So, I may have smoked my last clove cigarette, and not even known it? How did THAT happen?

Honestly, that’s not completely true…but the clock is at three months and ticking, thanks to the recently passed Family Smoking Prevention and Tobacco Control Act:

“Beginning 3 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, a cigarette or any of its component parts (including the tobacco, filter, or paper) shall not contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or tobacco smoke.”

Nice job, Philip Morris. Note a couple of things here. 1) I kept a certain level of attention on this legislation, and I was aware that packaging rules were being severely changed, the FDA was being given new powers, etc.

But I had NO clue that clove (and most other flavored cigarettes) were being permanently banned. There doesn’t seem to be much (domestic – more on this later) news talking about this; the focus is on the other aspects of the bill. Admittedly, I’m not a big clove smoker by any means…on the order of a handful a month, at most. But I checked around, and people I thought would be aware, aren’t. This may not have been stealth legislation, but it certainly wasn’t highlighted.

And 2)…note the exemption. Menthol. The flavoring ban is “for the children”, of course…but exempting menthol is a pretty big hole in that, unless you’re simply trying to get Philip Morris to drop their objections. Which Congress was, and Philip Morris did. Gak.

While the flavoring ban has flown under our radar, Indonesia, OTOH, is more than a little pissed. Cloves are a fairly niche product in the US, but there are a lot of fans, both native-borne and immigrants (these cigarettes, known generally as kreteks, are of Indonesian origin). Jakarta is threatening WTO action based on the menthol exemption (favoring a domestic product over an import).

That could be a monkey wrench for the ban, but who knows how far that will go. The only thing more confusing and uglier under the covers than domestic law-making is international legal action.

I could just stop being naive, and accept that this is the way the world works (which is, to a certain extent, absolutely true). But in the spirit of Shaw’s unreasonable man quote, you have to stand up at times for progress to occur. This is one of those times. This law, as passed, is really just execrable.

We’ve banned flavored cigarettes, arguably (one might say) as a first step to banning them all. Except we’ve exempted the largest domestic flavoring, and there’s not even a hint of banning tobacco PRODUCTION. But why would we continue to grow a crop we can’t sell?? Because we’re selling it abroad. A crop too dangerous to sell here is returning to it’s former status as a premier cash crop for export. That’s low. That’s truly low.

For more background on the bill (and the previous one in 2004, which seems to have been “Part 1″), this article is well worth reading: “Lost In The Weed“.

What do we do? The damn thing’s already passed, so I don’t know. But we certainly don’t have to be quiet about it, and maybe, just maybe, a little sunlight can still make a difference.

kkennedy posted a photo:

I just received an new action alert from the ACLU regarding the debate over ‘indefinite detention’ that’s going on in Washington right now. Apparently, it’s not so much over whether or not we SHOULD do it…rather, should it be by executive order, or legislation? I can hardly believe it.

I’m sending an action alert email thingie, from the ACLU’s website. I decided to copy the text here…I’m proud to send it. Note: this IS based on “suggested text”, but I’ve personalized it. I can provide a diff on request. *grin*

—BEGIN EMAIL—

It saddens me greatly that I have to send this email.

Unbelievably, there appears to be a debate over indefinite detention heating up in Washington, and I want you to know of my concerns. A debate. Over holding people without trial. Indefinitely. Some of whom we KNOW are not guilty of anything other than being in the wrong place at the wrong time. Indefinitely. Some of whom we have strong evidence against (which could be used, in perhaps…a trial). Some of whom we’ve tortured. (I say that without the ‘allegedly’ weasel word, because we’ve admitted we did so.)

I believe with all my heart that the administration is going down the wrong path in even considering a policy which would indefinitely imprison individuals without charge or the chance of a trial, beginning with the detainees at Guantánamo Bay. It’s wrong, plain and simple.

Indefinite detention is a violation of due process and the American principles of justice and fairness. It strikes at the heart of what makes us a great nation, and sets a terrible, terrible precedent.

Therefore, I urge you to reject any policy or proposal that would indefinitely imprison individuals without charge or the chance of a trial.

Those who disagree with me on this have every right to do so, though it concerns me greatly that it’s even an arguable point. I have little but contempt, however, for individuals that take this stance out of political expediency. There ARE things worth fighting for, and this is one of them. We are better than this. We have to be.

I realize the issues surrounding the closing of Guantánamo are difficult and complex, but we cannot afford to go down a path that violates our own Constitution. We simply cannot. If we do, we’ve done the terrorist’s job FOR them. Surely you understand that.

I respectfully ask that you do what is in your power to reject indefinite detention — whether through legislation or executive order.

Thank you for your time and consideration.

—END EMAIL—

Everyone should make their own decision on this, and I realize not everyone agrees with me. (It boggles my mind, but I accept it.) If you do agree, however, I encourage you to also share your views via this action alert form. If you disagree, I also encourage you to share your views, but I’d use a different form…you can’t change the subject line.

You can find your Senators and Representatives via this lookup form on the OpenCongress website, and the White House contact form is here. Whatever your opinion, communication with your elected representatives is a critical aspect of our form of government. Please reach out.