San Diego Fascism.... - California - International Cannagraphic Magazine Forums

**guineapig** · 12-08-2005, 08:39 AM

County To Sue over Prop. 215 in Federal Court
Posted by CN Staff on December 07, 2005 at 11:51:16 PT
By Daniel Strumpf
Source: San Diego City Beat

California -- The San Diego County Board of Supervisors voted in closed session Tuesday to file a federal lawsuit against the state of California in an attempt to overturn Prop. 215, which, approved by voters in 1996, established a patient’s right to obtain, grow and use marijuana with a doctor’s recommendation.

County Counsel John Sansone told CityBeat that the county’s challenge—soon to be filed in federal court—will argue that “the state law is preempted by the federal Controlled Substances Act law, which makes the use of medical marijuana a crime.

“Federal law is supreme and prevails over state law,” he said. “If one could show, which we will be attempting to show, that the state law is conflicting with the federal law or is antagonistic to the federal law, then courts in the past have ruled that state laws are federally preempted and have no force or effect.”

The decision comes one month after supervisors voted to sue the state using a similar argument over SB 420, legislation passed in 2004 that requires counties to issue medical marijuana identification cards to qualifying patients. At that Nov. 8 meeting, Sansone told supervisors he didn’t think they would win the legal challenge but was also asked to research the possibility of challenging Prop. 215.

Told of the decision by CityBeat, medical marijuana activist Barbara MacKenzie said she’s not surprised, given the supervisors’ earlier direction to their legal counsel, but said she finds it ironic that the supervisors believe it’s their duty to challenge California law when, as elected officials, they should be concerned with upholding the law.

“It blows me away that they’d go against state’s rights and the proposition process,” she said, “as if they’re not accountable to the people who elected them.”

In 1996, 55.6 percent of voters statewide, and 52.1 percent of voters countywide, cast ballots in favor of Prop. 215.

Sansone told CityBeat he thinks both challenges are unprecedented and amount to an “uphill battle.”

“This will be a difficult case,” he said. “This is not something where we can point to any other court rulings that will be completely in support, or, for that matter, against us.”

MacKenzie said she thinks a challenge to Prop. 215 will only help pro-medical marijuana activists rally more supporters than a lone challenge to SB 420.

Supervisors voted 4-0, with Supervisor Ron Roberts absent, to challenge Prop. 215.

Source: San Diego City Beat (CA)
Author: Daniel Strumpf
Published: December 07, 2005
Copyright: 2005 San Diego City Beat
Contact: editor@sdcitybeat.com
Website: https://www.sdcitybeat.com/

12-08-2005, 08:45 AM

This is sad sad news, what ever happened to democracy.

**guineapig** · 12-08-2005, 08:50 AM

ok people.....now that you've read the article......can i just say this?.....

The PEOPLE are the ones who determine the policy of this nation......policies are NOT to be decided by the judicial branch or court system.....

With the controlled substances act of 1970, congress enacted a broad and sweeping legislation which incorrectly classified Cannabis as Schedule I or "no potential medical uses"......this is what we the people are trying to correct......

why is it so hard for the federal government to accept that they have made a mistake with the classification of cannabis? it's not like there is a broad movement pointing out the medical benefits of methamphetamines, heroin, cocaine, pcp, etc......

when the courts dictate public policy it is absolutely unconstitutional and creates incredible resentment and conflict......this is what happened with roe vs. wade and it is what happened with the prohibition of Cannabis......

so even if you thought you had nothing in common with rabid pro-lifers, guess again...both pro-lifers and medical-marijuana advocates are victims of judicial tyrrany...-gp

KingRalph · 12-08-2005, 08:06 PM

how hard would it be to have those people unseated from their now-abused positions?

GMT · 12-08-2005, 08:12 PM

Someone would have to bring a private prosecution for abuse of public office.

12-08-2005, 08:37 PM

Do they even think they have the right to do something like that.
And were do they get off thinking there more important then o.. the rest of california. They talked alot in the paper about how they said its not for the sick and its all a front for trafficking.

Im gona traffic my foot right up each of their......

12-08-2005, 09:01 PM

If taken to the Ninth Circuit Court of Appeals, The case more than likely will throw the case out..... Saying that the Voters (the People) have spoken.

It seems to me that the San Diego County Board of Supervisors are grabbing at straws as they are fixing to fall off of a cliff.

I know that in the Angel Raich case in a way overturned the 10th amendment of the constitution, but the same thing can be argued in the lower courts.

Verite · 12-09-2005, 12:05 AM

I dont know how serious I would take the same city that thought it would be a good idea to build a nuclear power plant right on a major earthquake fault line.

12-13-2005, 08:34 AM

Emergency Alert: DEA Raids on Seven Dispensaries in San Diego

* This is an emergency alert from Americans for Safe Access. *

Today, Monday December 12th, federal agents raided at least seven medical cannabis dispensaries in San Diego with the help of the local police and sheriff.

If you live in the San Diego area:

We are asking all local medical cannabis supporters to rally in opposition to these raids at noon tomorrow, Tuesday, December 13th in front of the San Diego federal building, 880 Front Street, San Diego.

ASA activists are also holding an emergency meeting tonight at 9:00p.m. at Twiggs Coffee House, 4590 Park Blvd., San Diego.

If you live outside of the San Diego area:

We are asking all medical cannabis supporters to rally in opposition to these raids at noon on Wednesday, December 14th in front of your local federal building. Please contact Rebecca immediately at rebecca@safeaccessnow.org if you plan to organize one of these rallies so we can post the information on our website.

***********

These demonstrations are a vital part of our grassroots opposition to the federal crackdown. Please make plans to attend and encourage others to do so. Please check our web site or call the ASA office if you need additional information.

Our web site is www.safeaccessnow.org You can reach the ASA office directly at (510) 251-1856.

Thank you for your active support and participation.
--
Rebecca Saltzman
Field Coordinator
Americans for Safe Access
p (510) 251-1856
f (510) 251-2036
www.safeaccessnow.org

12-13-2005, 08:36 AM

If you live outside of the San Diego area:
We are asking all medical cannabis supporters to rally in opposition to these raids at noon on Wednesday, December 14th in front of your local federal building. Please contact Rebecca immediately at rebecca@safeaccessnow.org if you plan to organize one of these rallies so we can post the information on our website.

Confirmed Cities for Emergency Response Actions:

Chicago, IL: contact Matt matt@ssdp.org

Denver, CO: contact Brian brianvicente@sensiblecolorado. org

Los Angeles, CA: contact Amanda amanda@safeaccessnow.org

Providence, RI: contact Nathaniel nathaniel_lepp@brown.edu

Sacramento, CA: contact Aundre aundre@safeaccessnow.org

San Francisco, CA: contact Sarah sarahsmile@37.com

Tuscon, AZ: contact Mary mmackenzie2@juno.com

Washington, DC: contact Eric esterling@cjpf.org

Wichita, KS: contact C.A. criley2@cox.net

12-08-2005, 08:39 AM	#1
guineapig Moderator Join Date: Aug 2005 Location: In spite of my rage I am still just a rodent in a cage Posts: 4,601	San Diego Fascism.... County To Sue over Prop. 215 in Federal Court Posted by CN Staff on December 07, 2005 at 11:51:16 PT By Daniel Strumpf Source: San Diego City Beat California -- The San Diego County Board of Supervisors voted in closed session Tuesday to file a federal lawsuit against the state of California in an attempt to overturn Prop. 215, which, approved by voters in 1996, established a patient’s right to obtain, grow and use marijuana with a doctor’s recommendation. County Counsel John Sansone told CityBeat that the county’s challenge—soon to be filed in federal court—will argue that “the state law is preempted by the federal Controlled Substances Act law, which makes the use of medical marijuana a crime. “Federal law is supreme and prevails over state law,” he said. “If one could show, which we will be attempting to show, that the state law is conflicting with the federal law or is antagonistic to the federal law, then courts in the past have ruled that state laws are federally preempted and have no force or effect.” The decision comes one month after supervisors voted to sue the state using a similar argument over SB 420, legislation passed in 2004 that requires counties to issue medical marijuana identification cards to qualifying patients. At that Nov. 8 meeting, Sansone told supervisors he didn’t think they would win the legal challenge but was also asked to research the possibility of challenging Prop. 215. Told of the decision by CityBeat, medical marijuana activist Barbara MacKenzie said she’s not surprised, given the supervisors’ earlier direction to their legal counsel, but said she finds it ironic that the supervisors believe it’s their duty to challenge California law when, as elected officials, they should be concerned with upholding the law. “It blows me away that they’d go against state’s rights and the proposition process,” she said, “as if they’re not accountable to the people who elected them.” In 1996, 55.6 percent of voters statewide, and 52.1 percent of voters countywide, cast ballots in favor of Prop. 215. Sansone told CityBeat he thinks both challenges are unprecedented and amount to an “uphill battle.” “This will be a difficult case,” he said. “This is not something where we can point to any other court rulings that will be completely in support, or, for that matter, against us.” MacKenzie said she thinks a challenge to Prop. 215 will only help pro-medical marijuana activists rally more supporters than a lone challenge to SB 420. Supervisors voted 4-0, with Supervisor Ron Roberts absent, to challenge Prop. 215. Source: San Diego City Beat (CA) Author: Daniel Strumpf Published: December 07, 2005 Copyright: 2005 San Diego City Beat Contact: editor@sdcitybeat.com Website: https://www.sdcitybeat.com/
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12-08-2005, 08:45 AM	#2
Guest Guest Posts: n/a	This is sad sad news, what ever happened to democracy.
	Quote

12-08-2005, 08:50 AM	#3
guineapig Moderator Join Date: Aug 2005 Location: In spite of my rage I am still just a rodent in a cage Posts: 4,601	ok people.....now that you've read the article......can i just say this?..... The PEOPLE are the ones who determine the policy of this nation......policies are NOT to be decided by the judicial branch or court system..... With the controlled substances act of 1970, congress enacted a broad and sweeping legislation which incorrectly classified Cannabis as Schedule I or "no potential medical uses"......this is what we the people are trying to correct...... why is it so hard for the federal government to accept that they have made a mistake with the classification of cannabis? it's not like there is a broad movement pointing out the medical benefits of methamphetamines, heroin, cocaine, pcp, etc...... when the courts dictate public policy it is absolutely unconstitutional and creates incredible resentment and conflict......this is what happened with roe vs. wade and it is what happened with the prohibition of Cannabis...... so even if you thought you had nothing in common with rabid pro-lifers, guess again...both pro-lifers and medical-marijuana advocates are victims of judicial tyrrany...-gp
	Quote

12-08-2005, 08:06 PM	#4
KingRalph mellow jello Join Date: Jan 2005 Posts: 826	how hard would it be to have those people unseated from their now-abused positions?
	Quote

12-08-2005, 08:12 PM	#5
GMT I am, therefore I think Join Date: May 2004 Location: Wonderland Posts: 5,964	Someone would have to bring a private prosecution for abuse of public office.
	Quote

12-08-2005, 08:37 PM	#6
Guest Guest Posts: n/a	Do they even think they have the right to do something like that. And were do they get off thinking there more important then o.. the rest of california. They talked alot in the paper about how they said its not for the sick and its all a front for trafficking. Im gona traffic my foot right up each of their......
	Quote

12-08-2005, 09:01 PM	#7
Guest Guest Posts: n/a	If taken to the Ninth Circuit Court of Appeals, The case more than likely will throw the case out..... Saying that the Voters (the People) have spoken. It seems to me that the San Diego County Board of Supervisors are grabbing at straws as they are fixing to fall off of a cliff. I know that in the Angel Raich case in a way overturned the 10th amendment of the constitution, but the same thing can be argued in the lower courts.
	Quote

12-09-2005, 12:05 AM	#8
Verite My little pony.. my little pony Join Date: Jul 2005 Posts: 4,750	I dont know how serious I would take the same city that thought it would be a good idea to build a nuclear power plant right on a major earthquake fault line. __________________ Strains by Verite .......................... Holy Grail Intro, Seeds at Seebay, Private Breeders Orange Diesel Intro, Seeds now at Seedbay
	Quote

12-13-2005, 08:34 AM	#9
Guest Guest Posts: n/a	Emergency Alert: DEA Raids on Seven Dispensaries in San Diego * This is an emergency alert from Americans for Safe Access. * Today, Monday December 12th, federal agents raided at least seven medical cannabis dispensaries in San Diego with the help of the local police and sheriff. If you live in the San Diego area: We are asking all local medical cannabis supporters to rally in opposition to these raids at noon tomorrow, Tuesday, December 13th in front of the San Diego federal building, 880 Front Street, San Diego. ASA activists are also holding an emergency meeting tonight at 9:00p.m. at Twiggs Coffee House, 4590 Park Blvd., San Diego. If you live outside of the San Diego area: We are asking all medical cannabis supporters to rally in opposition to these raids at noon on Wednesday, December 14th in front of your local federal building. Please contact Rebecca immediately at rebecca@safeaccessnow.org if you plan to organize one of these rallies so we can post the information on our website. *********** These demonstrations are a vital part of our grassroots opposition to the federal crackdown. Please make plans to attend and encourage others to do so. Please check our web site or call the ASA office if you need additional information. Our web site is www.safeaccessnow.org You can reach the ASA office directly at (510) 251-1856. Thank you for your active support and participation. -- Rebecca Saltzman Field Coordinator Americans for Safe Access p (510) 251-1856 f (510) 251-2036 www.safeaccessnow.org
	Quote

12-13-2005, 08:36 AM	#10
Guest Guest Posts: n/a	If you live outside of the San Diego area: We are asking all medical cannabis supporters to rally in opposition to these raids at noon on Wednesday, December 14th in front of your local federal building. Please contact Rebecca immediately at rebecca@safeaccessnow.org if you plan to organize one of these rallies so we can post the information on our website. Confirmed Cities for Emergency Response Actions: Chicago, IL: contact Matt matt@ssdp.org Denver, CO: contact Brian brianvicente@sensiblecolorado. org Los Angeles, CA: contact Amanda amanda@safeaccessnow.org Providence, RI: contact Nathaniel nathaniel_lepp@brown.edu Sacramento, CA: contact Aundre aundre@safeaccessnow.org San Francisco, CA: contact Sarah sarahsmile@37.com Tuscon, AZ: contact Mary mmackenzie2@juno.com Washington, DC: contact Eric esterling@cjpf.org Wichita, KS: contact C.A. criley2@cox.net
	Quote