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InvisiblecoAsTal
Registered: 04/21/08
Posts: 32
Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws
    #112593 - 08/21/08 10:01 PM (11 years, 10 months ago)

This is historic!!! :grin::gethigh:



Quote:

Federal Court Rules U.S. Government May Not Deliberately Subvert California’s Medical Marijuana Laws (8/20/2008)

FOR IMMEDIATE RELEASE
CONTACT:  media@aclu.org

SAN JOSE, CA - In a first-of-its-kind ruling, a federal court today held that the U.S. Constitution bars deliberate subversion by the federal government of state medical marijuana laws.

"Utilizing selective arrests and prosecutions, the federal government has sought to sabotage California’s reasoned approach to medical marijuana use," said Graham Boyd, Director of the ACLU Drug Law Reform Project. "For the first time, a court has recognized that a calculated plan by the federal government to undercut state medical marijuana laws is patently unconstitutional. Today’s decision forecasts an end to any organized federal effort to sabotage state medical marijuana laws."

While previous high-profile cases affirmed the federal government’s power to enforce federal drug laws against individual medical marijuana patients and providers on a case-by-case basis, today’s ruling clearly recognizes that a calculated pattern of federal enforcement can render state medical marijuana laws effectively inoperable, which would violate the Tenth Amendment of the U.S. Constitution.

"It is obvious to anyone paying attention that federal officials have gone to great lengths to sabotage state efforts to allow for appropriate medical marijuana use," said Boyd. "The court made clear that this deliberate interference - once proved - would be unequivocally unconstitutional."

The case, County of Santa Cruz v. Mukasey, originated in 2003 when Bingham McCutchen LLP and the Drug Policy Alliance, along with private attorneys Gerald F. Uelmen and Benjamin Rice, sued the federal government for raiding a Santa Cruz-area medical marijuana cooperative, the Wo/Men’s Alliance for Medical Marijuana.

The ACLU and others argued, and the court agreed, that the U.S. Constitution permits states to determine for themselves what is legal and what is illegal under state law, and that the federal government may not deliberately undermine this process.

"The federal government has purposely set out to systematically subvert California’s medical marijuana program," said Daniel Abrahamson, director of legal affairs for the Drug Policy Alliance. "Let us hope that this ruling leads to the merciful end of the federal government’s cruel war on sick and dying medical marijuana patients."

In today’s ruling, which rejected the federal government’s motion to dismiss the case, Judge Jeremy Fogel of the U.S. District Court for the Northern District of California, San Jose Division, relied on U.S. Court of Appeals for the Ninth Circuit Chief Judge Alex Kozinski’s opinion in Conant v. Walters, which stated, in part, "Applied to our situation, this means that, much as the federal government may prefer that California keep medical marijuana illegal, it cannot force the state to do so."

In addition to U.S. Attorney General Michael Mukasey, the lawsuit names as defendants U.S. Drug Enforcement Administration (DEA) agents involved in the raid of WAMM, and administrators of the DEA and Office of National Drug Control Policy.

The court’s ruling is available online at: www.aclu.org/drugpolicy/medmarijuana/36494lgl20080820.html




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InvisibleSativus
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: coAsTal]
    #112598 - 08/21/08 10:10 PM (11 years, 10 months ago)

:rockon:

I saw they were debating this, glad to hear the courts sided with law & justice (rare for the two to go together, ennit?)


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OfflineNobodyImportant
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: Sativus]
    #112600 - 08/21/08 10:12 PM (11 years, 10 months ago)

Sweet, Hope this makes the news (tv news I mean) :laugh:


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InvisiblecoAsTal
Registered: 04/21/08
Posts: 32
Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: NobodyImportant]
    #112604 - 08/21/08 10:19 PM (11 years, 10 months ago)

I have a feeling that anything 10th-Amendment-affirming will be avoided at all costs by the MSM-- call it a hunch...

Regardless-- we're winning, and this is a powerful event that needs to make headlines.

Perhaps this will ease the reservations other states have about legalizing-- now that those bastard DEA fucks have had their leash tightened/twisted around their corrupt, immoral, violent, murderous, arrogant and blatantly unconstitutional,  vile necks...ahem... :blush:
sorry-- now that the Fed has been forced to recognize that it is subservient to the states.

:cheers:


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Invisibleandyistic
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: coAsTal]
    #112608 - 08/21/08 10:24 PM (11 years, 10 months ago)

Well then - now I have to get myself a card and start using the shit LEGALLY! :discodance:


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OfflineCaptTrip
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: andyistic]
    #112611 - 08/21/08 10:27 PM (11 years, 10 months ago)

Guess I should move to California then...


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Invisibleandyistic
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: CaptTrip]
    #112614 - 08/21/08 10:29 PM (11 years, 10 months ago)

Yes indeed - once you obtain residency, you can no longer be arrested/prosecuted for doing weed after obtaining a valid card.

Also, I hope the dispenseries/clinics that were raided in the past can go back into operation.


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InvisibleOmbient
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: andyistic]
    #112617 - 08/21/08 10:31 PM (11 years, 10 months ago)

Why are most of the MMJ states in the west? :cuss:


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Invisibleandyistic
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: Ombient]
    #112620 - 08/21/08 10:32 PM (11 years, 10 months ago)

Farther away from Washington D.C. - where all the Feds hang out.


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Offlineb0b gnarley
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: coAsTal]
    #112621 - 08/21/08 10:33 PM (11 years, 10 months ago)

summary? no way im reading tonight didn't even read the title :drunk:


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Invisibleandyistic
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: b0b gnarley]
    #112623 - 08/21/08 10:34 PM (11 years, 10 months ago)

If you won't read that OP, then why would you bother reading the summary? :doh:


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OfflineCaptTrip
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: andyistic]
    #112624 - 08/21/08 10:34 PM (11 years, 10 months ago)

Quote:

andyistic said:
Yes indeed - once you obtain residency, you can no longer be arrested/prosecuted for doing weed after obtaining a valid card.

Also, I hope the dispenseries/clinics that were raided in the past can go back into operation.




I saw some of that happen watching Super High Me. It was really interesting to be doing something deemed legal by your state, but then still getting raided by the feds.

:banghead:

American tax dollars hard at work.


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Offlineb0b gnarley
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: andyistic]
    #112625 - 08/21/08 10:37 PM (11 years, 10 months ago)

cos my eyes hirt :bucktoothfattygangsta:

so feds cant fuck with card holders in cali?
does this apply to dispensaries and anyone growing also?


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OfflineCaptTrip
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: b0b gnarley]
    #112626 - 08/21/08 10:40 PM (11 years, 10 months ago)

Quote:

b0b gnarley said:
cos my eyes hirt :bucktoothfattygangsta:

so feds cant fuck with card holders in cali?
does this apply to dispensaries and anyone growing also?




I believe it will still be illegal to grow your own. I'm sure you have to get some kind of government license before you can grow.


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Invisibleandyistic
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: CaptTrip]
    #112627 - 08/21/08 10:43 PM (11 years, 10 months ago)

Quote:

CaptTrip said:
I believe it will still be illegal to grow your own. I'm sure you have to get some kind of government license before you can grow.



Nah, card holders can grow their own, as long as it doesn't exceed a certain number of plants.
Care providers can grow much more.


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OfflineCaptTrip
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: andyistic]
    #112628 - 08/21/08 10:46 PM (11 years, 10 months ago)

Quote:

andyistic said:
Quote:

CaptTrip said:
I believe it will still be illegal to grow your own. I'm sure you have to get some kind of government license before you can grow.



Nah, card holders can grow their own, as long as it doesn't exceed a certain number of plants.
Care providers can grow much more.




Oh wow, that is awesome.

That makes me want to pack up right now and head west.


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Offlineb0b gnarley
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: andyistic]
    #112629 - 08/21/08 10:46 PM (11 years, 10 months ago)

Quote:

andyistic said:
Quote:

CaptTrip said:
I believe it will still be illegal to grow your own. I'm sure you have to get some kind of government license before you can grow.



Nah, card holders can grow their own, as long as it doesn't exceed a certain number of plants.
Care providers can grow much more.




so same shit, except the feds cant fuck with us anymore

god bless americaz :yesnod:


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OfflineDungenessDank
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: b0b gnarley]
    #112713 - 08/22/08 01:05 AM (11 years, 10 months ago)

Too bad living in California sucks, more homeless than you can shake a stick at, and a bunch of spoiled rich yuppie kids, and sleeze bags.

I'd rather live in my state.

The bud and hash in cali is really good on average, I just don't like the people.


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OfflineCoaster
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: DungenessDank]
    #112715 - 08/22/08 01:11 AM (11 years, 10 months ago)

yuppies ftw :tarantino:


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InvisibleSativus
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: Coaster]
    #112717 - 08/22/08 01:12 AM (11 years, 10 months ago)

Quote:

Coaster said:
yuppies ftw :tarantino:





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InvisiblecoAsTal
Registered: 04/21/08
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: Sativus]
    #112946 - 08/22/08 03:22 PM (11 years, 10 months ago)

I hope this spreads to the rest of the country-- unless I'm mistaken, this is the last hurdle the states had to jump before being fully able to tax and regulate to the open market-- or at the minimum, decriminalize...


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InvisibleHarry_Ba11sachM
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: coAsTal]
    #112954 - 08/22/08 03:37 PM (11 years, 10 months ago)

so does this just affect cali, or will med patients in other states be free now too?


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Invisiblemel_lonta_tauda
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: Harry_Ba11sach]
    #112955 - 08/22/08 03:50 PM (11 years, 10 months ago)

hopefully other states will start to follow along


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OfflineCoaster
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: mel_lonta_tauda]
    #112956 - 08/22/08 03:51 PM (11 years, 10 months ago)

after november it will all be different


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Invisiblemel_lonta_tauda
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: Coaster]
    #112958 - 08/22/08 03:53 PM (11 years, 10 months ago)

you know if there's penalties for smoking out in public somewhere?


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Invisibleandyistic
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: mel_lonta_tauda]
    #112962 - 08/22/08 04:02 PM (11 years, 10 months ago)

Sure, in Russia.


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OfflineFerris
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: coAsTal]
    #112966 - 08/22/08 04:20 PM (11 years, 10 months ago)

Quote:

coAsTal said:
I have a feeling that anything 10th-Amendment-affirming will be avoided at all costs by the MSM-- call it a hunch...




Was the 10th ammendment mentioned as a factor in the decision?

I'll definitely be skimming through the abstract and opinions later today.

EDIT: ya, that seems to be the basis of the case.  It was upheld in part due to that claim (parts of the claim were denied).  Furthermore, 4th, 5th, and 9th ammendment claims were dismissed by the plaintiffs.

Of course, you will never ever ever see a case like this go all the way to the supreme court in our lifetimes.  Just making sure nobody here is holding that delusion.  A tenth ammendment claim being upheld is rare indeed, and is a great minor victory.

One thing to keep in mind:

"If Plaintiffs can prove that Defendants are enforcing the CSA in the manner alleged, a question as to which the Court expresses no opinion, they may be able to show that Defendants deliberately are seeking to frustrate the state’s ability to determine whether an individual’s use of marijuana is permissible under California law. A working system of recommendations, identification cards and medicinal providers is essential to the administration of California’s medical marijuana law."

So the burden of proof and litigation are still there, meaning that there will be more court cases in the coming months and years.


Edited by Ferris (08/22/08 04:50 PM)


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InvisiblecoAsTal
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Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: coAsTal]
    #113180 - 08/23/08 10:38 AM (11 years, 10 months ago)

I still see this as a vital accomplishment in the fight to undo the ban on cannabis, and I look forward to hearing the government flop around trying to justify keeping something illegal and categorized as Schedule 1 (meaning high potential for addiction and no medical value whatsoever) when there's copious evidence, laying in plain sight, all over the place showing otherwise :smile:

I believe cannabis will be legal before you know it-- even with the cynical zealots we have in washington and mindless idiots clogging churches nationwide, there's simply too much money being left on the table for the parasites to leave alone--

Think about it: this crusade has always been about 1) inflating/creating a "need" for more and more violent government; and 2) targeted punishment of certain races/classes of people to keep them out of "civilized society"

These tyrants have pissed on the rights of millions, and terrorized hundreds of millions, to justify taking your tax money to spend on perpetuating itself, but I think that they realize now that the BS facade is flaking off, and people just aren't buying the propaganda anymore (when over 70% of Americans think it should be decriminalized, despite billions spent on a "war" against peaceful users of this plant, that says a lot about the ineffectiveness of the disinformation campaign, doesn't it?) They're not stupid-- they can see this as easily as you and I.

I think the bottom line is this: it's NEVER been about public safety-- else alcohol and cigarettes would be in the scope, not a demonstrably harmless plant. It's been about bringing money into the government via an ever-expanding "program" offered by government. In this case, law enforcement.

Since the entire program is failing, along with the rest of the economy, they will soon forget their moralizing on cannabis, like California and over 10 other states have already done, and shift to taxing/regulating the use of it so they can replace the increasingly unpopular law-enforcement revenue with sales-tax revenue-- which is much more valuable money for the simple fact that they can spend it in more places than just on more law-enforcement.

Our government is bankrupt, whether you are currently educated enough to know it or not. I assure you, they themselves are slowly coming to this realization, and when that reality hits with full force, watch how fast they scramble to find more money anywhere.

Legalizing and taxing cannabis is an easy, and popular, way to add billions to their coffers without costing them much of anything in return.

We'll see what happens... but I think that pragmatism, not altruism, is what will make this decision go our way in the end... just as it did with alcohol.

We're closer to our goal than many think...


:cheers:


Edited by coAsTal (08/23/08 10:40 AM)


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