Raided Medical Marijuana Providers Sue U.S. Government

[LAION]

http://www.tokeofthetown.com/2011/05/raided_medical_marijuana_providers_sue_us_governme.php

Two Montana medical marijuana providers have accused the United States government of civil rights violations in what is believed to be the first lawsuit of its kind, in response to a federal crackdown on medicinal cannabis operations nationwide.

The owners of Montana Caregivers Association and MCM Caregivers said that federal raids on medical marijuana businesses across Montana in March were unconstitutional, exceeded the government's authority and preempted the states' medical marijuana law, reports Matt Volz at the Associated Press. Montana's medicinal cannabis law was approved by an overwhelming 62 percent of voters in 2000.

Since the Montana raids, Drug Enforcement Administration agents have raided two Washington state dispensaries, and federal prosecutors have sent threatening letters to political leaders in many of the 15 states which have legalized medical marijuana.

The lawsuit was filed on Tuesday in U.S. District Court in Missoula against the federal government, the Department of Justice, Attorney General Eric Holder and U.S. Attorney for Montana Michael Cotter.

The plaintiffs say the intent of the federal raids was to shut down the state's medical marijuana industry.

"The federal government has made it clear its intent to threaten and eventually eliminate any business or enterprise related to the medical use of marijuana," Christopher Williams of the Montana Caregivers Association and Randy Leibenguth of MCM Caregivers said in the lawsuit.

The Department of Justice had no comment on the suit when contacted Wednesday. U.S. Attorney Michael Cotter's spokeswoman, Jessica Fehr, also wouldn't comment, claiming the office hadn't been served with the lawsuit.

This is the first constitutional challenge of the government's actions, according to New Mexico attorney Paul Livingston, who is representing the plaintiffs.

"I'm surprised nobody's raised a 10th Amendment challenge," Livingston said. "This is a process going on in all the states that have approved medical marijuana. They're trying to set limits."

According to the 10th Amendment of the U.S. Constitution, powers not delegated to the federal government or prohibited are reserved to the states. Marijuana providers can't be arrested, prosecuted or penalized if they do not exceed the amount of cannabis they are allowed to keep per patient, according to current Montana state law.

DEA agents executed 26 search warrants against medical marijuana businesses in Montana on March 14, seizing cannabis, cash, weapons and vehicles in what U.S. Attorney Cotter claimed was a "drug-trafficking investigation." No charges have been filed in connection with the "smash and grab" raids, and Cotter's office won't comment on the "investigation."

Cotter's threatening letter to Montana political leaders said the Department of Justice considers it "a top priority" to prosecute those involved in the trade of "any illegal drugs." But the letter added that the DOJ would not pursue prosecution of seriously ill individuals who are following their state's medical marijuana laws.

Governor Brian Schweitzer has said he would allow a new medical marijuana "overhaul" bill to become law without his signature later this week. The law would gut the state's medical marijuana industry and make criminals of many currently legal patients.

Protesters are planning a petition drive in which they hope to gather enough signatures to block the bill from becoming law.

In their lawsuit, Williams and Leibenguth say that because the Constitution does not expressly grant the government powers over medical marijuana, the government violated the 10th Amendment to overrule Montana's medical marijuana laws.

They are asking They are asking Judge Donald Molloy to declare the raids unconstitutional and prevent the federal government from threatening, interfering or prosecuting them for activities which are legal under state law. They are also asking for to be compensated for an unspecified amount of damages.

L

 

[RAGGA MON]

Good for them!

 

[Maj.Cottonmouth]

Right on! This makes me hopeful.

 

[CannabisTHC]

Thats great, good luck to them!

 

[guest86120975]

I think everyone who gets raided should sue the government. I hope this starts something

 

[Eatatjoes]

What a great step, we need more of this going on. Good work to you guys filing these suits, you are hero's to us medical users.

 

[FreedomFightr]

Lol...the courts are rigged.

 

[havalota]

A violation of civil rights? This is an incorrect assumption, and the results of a lifetime of propaganda. Rather, it is a violation of sovereign rights. There is no such thing as civil, or constitutional, rights. There are only constitutionally guaranteed sovereign rights. We are all sovereign, and our government was formed for the people, of the people and by the people.

When sovereign people form a government, they delegate the enforcement and protection of only the rights so numerated. Keeping unto themselves all other rights and duties, and privileges inherent with said rights.

As all sovereigns are equal in rights, no one can dictate to another what they could, or could not, do. Such an action would destroy the sovereignty of all.
So in America all are sovereign. Being that the government derives all authority from the governed, and the governed have no right to limit the rights of another, as all are equal, where did the government legally acquire such authority?

Well, such usurpation of authority can only be illegal, or our government is not what most people think it is. Perhaps the current government is exactly what pres. Bush said it was, A CORPORATION, then they would not be restricted to the constitution. If it is a corporation, then the people are looked at as employees, and all employees are required to tow the corporate policy or face the penalty. So how would you stop being an employee in such a corporation?
Something to think about.

 

[bentom187]

quit

 

[LayedBack]

Man it's laughable these fools think they can keep putting us sick people in cages for using our medicine. It's only a matter of time now. The people have fucking spoken! What do they think they are going to do, have a civil war with cannabis users? Cause it's going to be grown and smoked, no matter what.

If only every dispensary sued the government right now things would go much much faster.

The Montana Caregivers Association is now officially on my list of Heroes.

 

[soil margin]

All we need is another couple thousand collectives to file their suits and the DOJ should give up on this bullshit.

 

[HUGE]

A violation of civil rights? This is an incorrect assumption, and the results of a lifetime of propaganda. Rather, it is a violation of sovereign rights. There is no such thing as civil, or constitutional, rights. There are only constitutionally guaranteed sovereign rights. We are all sovereign, and our government was formed for the people, of the people and by the people.

When sovereign people form a government, they delegate the enforcement and protection of only the rights so numerated. Keeping unto themselves all other rights and duties, and privileges inherent with said rights.

As all sovereigns are equal in rights, no one can dictate to another what they could, or could not, do. Such an action would destroy the sovereignty of all.
So in America all are sovereign. Being that the government derives all authority from the governed, and the governed have no right to limit the rights of another, as all are equal, where did the government legally acquire such authority?

Well, such usurpation of authority can only be illegal, or our government is not what most people think it is. Perhaps the current government is exactly what pres. Bush said it was, A CORPORATION, then they would not be restricted to the constitution. If it is a corporation, then the people are looked at as employees, and all employees are required to tow the corporate policy or face the penalty. So how would you stop being an employee in such a corporation?
Something to think about.

^ this

 

[GMT]

anyone know if this was succesfull or not?