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Calif. pot dispensaries told by feds to shut down

GET MO

Registered Med User
Veteran
Some people with a lot of money are scared the way weeds are goin... I think they feal if weed is legalized hemp will be next, which would fuck over a lot of other industries. Oh yeah, and big pharma.
plus the feds are losing money, they need more slaves in their federal prisons.
it is time for a full blown american revolution, and a new constitutional convention.
 

vta

Active member
Veteran

Source: Los Angeles Daily News (CA)
Author: Susan Shelley
Note: Susan Shelley of Woodland Hills is running for Congress in
California's 30th District. She's the author of the novel, "The 37th
Amendment" and of a history of the Bill of Rights "How the First
Amendment Came to Protect Topless Dancing."


FEDERAL GOVERNMENT WRONG IN ITS MARIJUANA CRACKDOWN

U.S. prosecutors are presently informing marijuana dispensaries in California that they have 45 days to cease operations or face criminal charges and confiscation of their property.

The dispensaries are operating legally under state law, but according to a letter sent to at least a dozen marijuana dispensaries in San Diego and obtained by the Associated Press, federal law "takes precedence over state law and applies regardless of the particular uses for which a dispensary is selling and distributing marijuana."

There's only one problem with this assertion. The U.S. Constitution doesn't give the federal government any authority whatsoever to ban marijuana that's grown, sold and used within the state of California.

True, there's a clause in the Constitution that gives federal laws supremacy over state laws, but there's a big qualifier in it: only laws made "in pursuance" ( following or carrying out ) of the Constitution take precedence over state laws. A federal law that is not made "in pursuance" of the Constitution is unconstitutional.

The supremacy clause, which can be found in Article VI, states: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

There's no use arguing that the supremacy clause gives the federal government unlimited power.

The entire Constitution prohibits the federal government from exercising unlimited power. "Shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever?" a frustrated James Madison asked in Federalist No. 41. This is not a new problem.

Many people who read the proposed Constitution in 1787 were concerned that it didn't do enough to restrain the power of the federal government. That's why the First Congress adopted 10 amendments before the chairs were warm.

The Bill of Rights is a long list of things the federal government is specifically not allowed to do, plus the Ninth Amendment to make it clear that there were lots of other things the federal government wasn't allowed to do, plus the Tenth Amendment to make it absolutely clear that any power not delegated to the federal government by the Constitution was a power that belonged to the states or to the people. It couldn't have been more "clear and precise."

So if you're one of the millions of Californians who are doing a slow burn today because the Obama administration's Justice Department is shutting down pot dispensaries that are operating lawfully in California, here's some free advice: Count to 10, slowly. Then, read the Tenth Amendment.

Wouldn't it be ironic if the Progressive movement toward greater and greater national control of every part of life was completely undone by a national uprising of states' rights fervor over marijuana laws? James Madison would be proud to know that generations of college students were studying the principles of federalism at every Grateful Dead concert they ever attended.
 

Zen Master

Cannasseur
Veteran
lol if anyone thinks they can just say "hey judge, uh, 10th amendment man" when you've got federal prosecutors trying you, good fuckin luck.

chest thumpin before elections, using up budgets, same as every other few years.

speaking of which, they do this crackdown now, some places close, some don't, they might pinch a few here and there but it wont stop it. However this is the year before elections, its gonna be even more shitty next year this time because its the last hurrah for them.

any guesses what the scene is gonna be like in 10-12 months?
 

vta

Active member
Veteran
Here's a couple from Mickey Martin. His rebuttal nails it.

CW = CannabisWarrior.com


US Attorney plays doctor to justify his assault on patients

Posted by Mickey Martin

In a fairly lame interview with NBC, US Attorney for the Central District of California, Andre Birotte Jr. (Is it just me or does Junior sound weird after US Attorney?) decided to double down on the nonsense behaviors of the Federal Government and justify his action based on his theory that some people are not “righteously deserving of a medical cannabis recommendation?” Huh? I am not sure of it, but I believe if I sat outside of Walgreen’s I could find several people who do not “righteously deserve their Vicodin, or Vallium, or Paxil, or whatever the bullshit chemical concoction they lied to their doctor to get so that they could abuse the system and get a little high. The fact is that pharmaceutical abuses are through the roof right now, and evidence shows that many of these super dangerous drugs ARE getting into out high schools and junior highs, but where is Andre Birotte Jr. in all of that mess? Nowhere to be found….

images

Cop/Lawyer. Not a doctor.

Instead he ramps up a war escalated by local law enforcers who have run into a brick wall in trying to shut down the medical cannabis movement. Why? Because cops miss busting everyone for weed. It begs them to wonder how such an easy target could now be legal and why they cannot continue to jail and terrorize people who use cannabis because they have a doctor who says that they indeed DO qualify to use cannabis. I am no doctor. I do not even play one on TV, but apparently Andre Briotte Jr. does. He has the nerve to judge an entire movement based on a few perceived abuses and chooses to waste our federal resources chasing down, jailing, and taking the property of non-violent small business owners and their landlords because he thinks he can tell by looking at them who is sick and who is not. It is such bullshit. People like this will burn in hell. I am sure of it.


U.S. Attorney Defends Medical Marijuana Crackdown
Recent proliferation of federal involvement has some people questioning the Department of Justice’s role.


CW: Yeah…like everyone. Why is the DoJ overstepping into State law so much on this issue? Why are they flexing their muscles in an effort to circumvent the democratic process? Why does local law enforcement call in the Feds when the people start passing petitions to block their draconian ordinances and take them to court over their intolerance? Why? Because they know we are winning and they know the Feds are the only ones who can stop democracy from winning. It is their hail mary pass….

Two years after the Department of Justice said it would respect state laws, U.S. attorneys based in California announced a crackdown on medical marijuana dispensaries.

“What we’ve seen, unfortunately, is the Compassionate Use Act has really turned into the Commercial Use Act,” said Andre Birotte Jr., U.S. attorney for California’s central district.

CW: While that is an interesting play on words, Junior, the fact is what we are seeing is a system of safe access where up to a million patients have access to safe and effective cannabis medicines in a well-lit and clean facility. When the people voted for the Compassionate use act, the third purpose they voted for was, “(C) To encourage the federal and state governments to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.” Our Government has failed us at implementing that plan over 15 years later. Patients do not deserve to have to get their medicine from shady street sources because you have decided that “safe and affordable distribution” is too “commercial” for you. What it is is a valuable resource for patients who cannot or do not want to grow their own medicine. Furthermore, it is working…and that is what really pisses you off, now isn’t it?


Birotte claimed that although California voters approved of Proposition 215 in 1996, which created a legal, medical defense for the use of marijuana, many dispensaries in the Southland are operating as for-profit entities and are selling high volumes of marijuana to other states.

CW: There is little evidence of dispensaries selling marijuana to other States. Generalizing the entire industry into the bad behaviors of one person in NoHo is not a way to set policy for anything anywhere.

We’ve been receiving feedback from law enforcement circles and communities throughout the state that this has been a growing problem, Birotte said.

CW: Law Enforcement Circles should have the power to shut down operations that are breaking State law. For local and State enforcement to have to call in a favor from big brother at the Feds just shows that they are the ones circumventing State law and working to uphold Federal law over State law, a clear violation of the Kha ruling. If there were abuses at the State level then these “law enforcement circles” could do their own investigations and shut down bad behaving organizations on their own. But that is not the problem, now is it? The problem is that they do not agree with medical cannabis and cannot eradicate it on their own, so they called you to carry their water for them. And like a sucker, you do….

Eight Lake Forest dispensaries, all operating out of the second floor of a strip mall, shut their doors earlier this week after federal authorities requested asset forfeitures from their landlords.

CW: Isolated incident….

Birotte said the Department of Justice has requests these forfeitures in instances when repeated attempts to shut down the dispensaries have failed.

CW: Yet there is no evidence of repeated attempts to speak of…hmmm.


California legislatures have asked the federal government to pull back on their marijuana crackdowns, claiming the closures affect people who are ill.

While Birotte said he respected those differing opinions, he added that marijuana is a controlled substance and the federal authorities will continue targeting those dispensaries that violate state and federal law.

CW: In other words, “We know you are right, but this law says otherwise and instead of using common sense we will blindly follow the law and continue to waste resources busting people for cannabis medicines because, like Nazis, we just follow orders.” Think for yourself already. Quit feeding into the demands of law enforcement lobbies and ask yourself, “Is this really how I want to spend my career? Is this what I want to be known for? Busting providers of medical cannabis?” Well if that is going to be your legacy Andre, then so be it. Let us give you a nickname then…Andre “The Medical Cannabis Enforcer” Birotte…Jr. That has a nice ring to it….

It is estimated about 1 million Californians hold a medical marijuana card.

Birotte said he could not guess how many of those holders were erroneous, but said it is fair to question their legitimacy.

CW: Why is it fair to question their legitimacy? Because they use cannabis? Do you spend a lot of time questioning the legitimacy of people to use opiates? Sleeping pills? Mood enhancers? Viagra and other rope dick treatments? Why are you so interested in questioning the legitimacy of medical cannabis users? Is there a huge outbreak of cannabis related deaths? No? Well there is a lot of pharmaceutical deaths, so it begs to wonder…WHO ARE YOU REALLY PROTECTING, MC Enforcer? Why all the concern over such a benign substance when our society is ravaged by much more dangerous and addicting drug abuse? And where did you get your medical degree?


“There is some question as to whether all those million people are those who righteously deserving of a medical marijuana recommendation,” Birotte said.

CW: So the next time you go to the doctor for some rope dick medicine or for some Prozac because you are depressed, or even for some Tylenol with Codeine because your in some sort of pain from tennis or whatever it is you do with your life when you are not trying to save the world from the evil cannabis plant, can I sit outside of the doctor’s office and decide if I personally think you are “righteously deserving” of your prescription? Why not? Because I am not a doctor? Oh…that makes sense. So what gives you the fucking right to say that others are not “righteously deserving” of their medical cannabis recommendation? You have no right…..and you are on the wrong side of history. You will be held accountable for your crimes against humanity. Never forget, Karma is a Bitch.

So when that day comes when one of your loved ones, or someone close to you comes down with a disease or condition for which cannabis can help. When you are watching your wife vomit uncontrollably, or your best friend unable to eat regularly because of a medical condition and they beg you to help them find that relief that only cannabis can bring them, do me a favor…..make sure you tell them that if you are lucky enough to find a seed, and lucky enough to know how to grow it correctly, that you could have them some relief in 3-6 months….Is that what you are shooting for? For patients who need cannabis to have to either wait for the plant to grow and produce medicine or find it in some dark alley to provide relief? Because when you take away the clean well-lit facilities because you believe they are too commercial, you directly attack the patients who count on these organizations to access their medicine. It is unconscionable to force our neighbors into the streets to prove some weak point of failed justice. You should rethink your strategy and quit giving into the pressures of DAs and Sheriffs frustrated with our democratic process, Junior….You are better than that. You are being used.

PS: I really like how when the interviewer asks you about the investigation of the abuses at LA County Jail that you all of the sudden “cannot comment on ongoing investigations,” yet just minutes before commented on your ongoing investigation into the “8 dispensary for profit strip mall” and condemned it. You are a hypocrite…..and a liar.
 

HUGE

Active member
Veteran

Source: Los Angeles Daily News (CA)
Author: Susan Shelley
Note: Susan Shelley of Woodland Hills is running for Congress in
California's 30th District. She's the author of the novel, "The 37th
Amendment" and of a history of the Bill of Rights "How the First
Amendment Came to Protect Topless Dancing."


FEDERAL GOVERNMENT WRONG IN ITS MARIJUANA CRACKDOWN

U.S. prosecutors are presently informing marijuana dispensaries in California that they have 45 days to cease operations or face criminal charges and confiscation of their property.

The dispensaries are operating legally under state law, but according to a letter sent to at least a dozen marijuana dispensaries in San Diego and obtained by the Associated Press, federal law "takes precedence over state law and applies regardless of the particular uses for which a dispensary is selling and distributing marijuana."

There's only one problem with this assertion. The U.S. Constitution doesn't give the federal government any authority whatsoever to ban marijuana that's grown, sold and used within the state of California.

True, there's a clause in the Constitution that gives federal laws supremacy over state laws, but there's a big qualifier in it: only laws made "in pursuance" ( following or carrying out ) of the Constitution take precedence over state laws. A federal law that is not made "in pursuance" of the Constitution is unconstitutional.

The supremacy clause, which can be found in Article VI, states: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

There's no use arguing that the supremacy clause gives the federal government unlimited power.

The entire Constitution prohibits the federal government from exercising unlimited power. "Shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever?" a frustrated James Madison asked in Federalist No. 41. This is not a new problem.

Many people who read the proposed Constitution in 1787 were concerned that it didn't do enough to restrain the power of the federal government. That's why the First Congress adopted 10 amendments before the chairs were warm.

The Bill of Rights is a long list of things the federal government is specifically not allowed to do, plus the Ninth Amendment to make it clear that there were lots of other things the federal government wasn't allowed to do, plus the Tenth Amendment to make it absolutely clear that any power not delegated to the federal government by the Constitution was a power that belonged to the states or to the people. It couldn't have been more "clear and precise."

So if you're one of the millions of Californians who are doing a slow burn today because the Obama administration's Justice Department is shutting down pot dispensaries that are operating lawfully in California, here's some free advice: Count to 10, slowly. Then, read the Tenth Amendment.

Wouldn't it be ironic if the Progressive movement toward greater and greater national control of every part of life was completely undone by a national uprising of states' rights fervor over marijuana laws? James Madison would be proud to know that generations of college students were studying the principles of federalism at every Grateful Dead concert they ever attended.


this is what ive been screaming for fucking years now. its about time someone pressed the issue. the feds have no fucking business when it comes to regulating cannabis.

if you are a real american, or a real conservative, or a real smart person. its time to pull the tampon out and stand up for states rights. framing the argument this way should bring anyone with a brain and balls to our side.

alas i though the same would happen when the attacked the guns of patients. however the usual religious conservative base pussied out and ron to the nanny state for protection from the scaur stoners with guns.

the sleeper must awaken. were fucked.
 

ForestBuds

Member
lol if anyone thinks they can just say "hey judge, uh, 10th amendment man" when you've got federal prosecutors trying you, good fuckin luck.

chest thumpin before elections, using up budgets, same as every other few years.

speaking of which, they do this crackdown now, some places close, some don't, they might pinch a few here and there but it wont stop it. However this is the year before elections, its gonna be even more shitty next year this time because its the last hurrah for them.

any guesses what the scene is gonna be like in 10-12 months?

Around a year from now.... I expect Obama to lose during the 2012 election! There are 1 million patients in California. If 1 million of us encourage 3-4 others to not to re-elect Obama and vote YES to regulate marijuana like wine act *That if it comes on the ballot* then we will be able to take control of our destiny. The time is NOW to exercise our unalienable rights!

Don't act like we are losing. If there is no dispensaries then we can just overgrow the whole damn state and find another ways for Californians to be able to have safe access to meds.

Phuck the Pharms, DEA, ATF. They all are trembling in the leg with the idea of MMJ succeeding making them look BAD.

Every 50 states should be considered as its own country! The feds are there to regulate issue between states and to ensure that the constitution is being followed. If they keep on pushing our button. It will get UGLY! We need to show them that we are not to be fucked around with. :moon:


293hset.jpg
 

igrowone

Well-known member
Veteran
this is what makes me scratch my head, what does Obama think this is going to do for him?
i can not see any political advantage coming, looks to be very negative
the card carrying republicans in Cali are not going to vote Obama, no way
he's alienating part of his own base
it's not like he had to do anything, just some pressure on the state government to reign in the more blatant state illegal dispensaries
someone has convinced him this is the thing to do, not sure where the tracks lead back to
 

vta

Active member
Veteran
lol if anyone thinks they can just say "hey judge, uh, 10th amendment man" when you've got federal prosecutors trying you, good fuckin luck.

chest thumpin before elections, using up budgets, same as every other few years.

speaking of which, they do this crackdown now, some places close, some don't, they might pinch a few here and there but it wont stop it. However this is the year before elections, its gonna be even more shitty next year this time because its the last hurrah for them.

any guesses what the scene is gonna be like in 10-12 months?

According to polls and people I talk too...going after MMJ is not a popular witch hunt. It may be within the rank and file of gov agencies but not with voters....and I think this lady knows it and is playing her hand. Woodland Hills is home to a shit load of clubs...this is "The Valley" were talking about....tons of MMJ users...tons. I think going after clubs is political suicide at this point. The people that live there are now accustomed to seeing MMJ shops and their neon weed signs. It's normal now. They know crime is not going up...it's going down. There goes LEO's best argument, crime rate...people are catching on.

anyways...10/12 months you ask...same as today...total chaos but clubs will still be around.

One thing for certain, there is a backlash coming to Obummer for this and how he reacts is anyone's guess cause this guy can't help but flip-flop. Since he just flipped, he might flop back :) doubt it though. He will have to address it at some point...it will be interesting to see how he spins it...
 

Tela

Member
We encourage all who are able, to make it to the press conference Rick Shaw mentioned, at the W Hotel, Oct 25 at 11:30, 3rd & Mission. Let the President know your opinion. We are the oldest licensed dispensary in the nation and we're currently under fire from both the IRS and DOJ. Needless to say, we feel betrayed by the Obama administration. But, the acceptance of marijuana will eventually prevail. The Gallop Poll 50% number is up from 46% just last year. And the evidence for the medicinal properties of cannabis is now overwhelming. There are reams of peer reviewed studies and articles that support its efficacy. The 70% support for its medical use is helping to seal the deal. The trend is clear; the numbers will only go up. This is how last gasps play out - entrenched government bureaucrats who've had a stake in this battle their entire careers now doubling down in a losing effort. And, no doubt, big Pharma plays a role, as well. It's an uphill battle, but....

Go Go Go! Thank God for people like you with some spine! I read about your pre-prepared Supreme Court case on another forum. Tons of Respect.
 

huligun

Professor Organic Psychology
Veteran
VTA Thanks for the encouraging story (about it being Unconstitutional. I didn't want to quote that whole thing).

The problem with your legal system is that they can stop a business from operating while fighting in the courts. The businesses will be drying up and dying and there will be criminal prosecutions for the supply network while that is happening. This could be in court for 10 years and many different kinds of cases spending billions of dollars. It is an effective way to knock it down hard while they try to figure out what to do with a giant shit sandwich.
 

vta

Active member
Veteran
r-OBAMA-MARIJUANA-SAN-FRANCISCO-PROTEST-large570.jpg


Medical Marijuana Advocates Protest Obama's San Francisco Visit

SAN FRANCISCO
-- Hundreds of marijuana advocates gathered in downtown San Francisco Tuesday to protest recent federal crackdowns on California's medical cannabis industry while President Obama attended a fundraising luncheon at the nearby W Hotel.

Among the demonstrators was an employee at a local marijuana collective. "I've worked there for years," the man, who asked to remain anonymous, told The Huffington Post. "But if the Feds close us down, I'll be out there on the street with the Occupy Wall Street protesters because I'll be out of a job. This is my career, my livelihood. What Obama has done to our industry is nothing short of entrapment."

Despite an earlier promise to leave medical marijuana laws to the states, federal officials recently launched a whirlwind crackdown on cannabis dispensaries throughout the state, threatening to shut down certain pot shops and targeting others with exorbitant IRS bills and other sanctions. At a press conference held prior to the demonstration, Assemblyman Tom Ammiano (D-San Francisco) joined advocates, local lawmakers and business owners in calling on the Obama administration to intervene.

"It's a total overreaction by the U.S. attorneys and they need to be reined in," Ammiano said. "I don't know who let the dogs out, but they need to be called off."

San Francisco resident Misha Breyburg, who participated in the protest, said he was disappointed in Obama's regression from his campaign promises. "It's important for politicians to stand by their words," he said. "These people out here -- they've worked hard, they've saved their money and they've taken all of the legal steps -- and then to have their property taken away from them? Maybe in North Korea."

California voters approved the use of medical marijuana in 1996 with the passage of Proposition 215, later named the Compassionate Use Act, which allows patients to possess and cultivate cannabis with a doctor's permission. The law has been interpreted many times since its inception. In City of Garden Grove v. Superior Court in 2007, trial court sided with the patient, finding it "is not the job of local police to enforce the federal drug law." A California Supreme Court ruling in 2010 found residents may grow or possess "reasonable amounts" of marijuana with a doctor's blessing.

As a candidate, Obama promised to maintain a hands-off approach toward pot clinics adhering to state law, telling a 2007 town hall in Nashua, N.H., that a Justice Department prosecuting medical marijuana users was "not a good use of our resources." Now Ammiano, a self-described Obama supporter, is asking the president to "exercise some leadership on this issue."

"We have it on tape," Ammiano said of Obama's promise. "Eric Holder early in the campaign said that the Attorney General would not raid medical marijuana dispensaries -- there are around 16 states that have them -- then out of the blue comes this droid missile aimed at medical marijuana and the dispensaries, and there's a lot of untruth...to me this is kind of a 'Reefer Madness' mindset."

The crackdown comes even as 50 percent of Americans favor legalizing marijuana, according to a recently released Gallup poll, up from just 36 percent in 2006.

Authorities estimated nearly 1,000 protesters descended on the W Hotel during the duration of Obama's appearance. In addition to the marijuana enthusiasts, the president was greeted by environmentalists, anti-war activists and a smattering of Occupy Wall Streeters. The most vocal demonstrators opposed the construction of the Keystone pipeline in the Midwest.

Rally signs ran the gamut, from "Yes We Cannabis" and "Obama Changed," to "No Pipeline For The One Percent" and "Bring Our Troops Home." Another group set up a loudspeaker and played clips of promises made during Obama's 2008 campaign speeches that have not yet been met.

The president stopped by San Francisco as part of a West Coast tour promoting his economic and jobs plans as well as his 2012 campaign. Take a look at images and video from the demonstrations below:
 

Grendelkhan

Member
Knock on wood but it appears as though things are calming down a bit with the clubs being shut down. Any county's that were working on getting them out have gotten their wish and the ones that want to have MMJ appear to have put everything on hold until it settles out a bit. I believe that even though many county's are getting rid of clubs, there will be other county's that want the revenue. I have said this before and I'll say it again. The clubs left over are going to have to have their books in order, good legal representation, no affiliations, ie gangs and be in a county that is progressive and fairly liberal.
 

megayields

Grower of Connoisseur herb's.
ICMag Donor
Veteran
Knock on wood but it appears as though things are calming down a bit with the clubs being shut down. Any county's that were working on getting them out have gotten their wish and the ones that want to have MMJ appear to have put everything on hold until it settles out a bit. I believe that even though many county's are getting rid of clubs, there will be other county's that want the revenue. I have said this before and I'll say it again. The clubs left over are going to have to have their books in order, good legal representation, no affiliations, ie gangs and be in a county that is progressive and fairly liberal.

WELL 3 more were shut down in Visalia, 2 more in San Diego, and my sister called 2 were shut down in Woodland (i think it's near Sacto)

Good news...I saw one dispo's open in Denver in this shithole of a location in nothing but warehouses and sketchy surrounding....not the place I would want to drive too......and I'm 6'1" 225 and a guy!
 

Bullfrog44

Active member
Veteran
it is time for a full blown american revolution, and a new constitutional convention.

It's more like we need to go back to our roots. I love ya man but wake up. Revolution is the wrong direction. George Washington grew hemp, you could pay your takes in hemp. Hell, in war time you were forced to grow hemp for your government. Who ever tells you we need revolution think to yourself what revolution ends without massive deaths? Restore America is what I say.

Had to get that out there, :).
 

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