Feds: Dispensaries are prosecution targets

Memo states that marijuana shops are in violation of federal law

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The Obama administration has taken its strongest stance yet in declaring that medical-marijuana dispensaries are legitimate targets of prosecution.

In a memo written this week, Deputy Attorney General James M. Cole wrote that people, “who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities” are in violation of federal law regardless of their state laws.

“Such persons are subject to federal enforcement action, including potential prosecution,” Cole wrote.

The memo comes nearly two years after a memo by another Justice Department official was seen as giving the green light for medical-marijuana businesses to open. That memo, from then-Deputy Attorney General David Ogden, declared that federal law-enforcement officials shouldn’t expend resources going after people who are in “clear and unambiguous compliance” with their state’s medical-marijuana laws.

Since then, federal officials have periodically re-asserted their authority to prosecute federal crimes, including marijuana distribution, regardless of state law. But Cole’s memo is the clearest statement to date that the Obama Administration does not believe dispensaries should have legal shelter.

The memo clarifies that Ogden was referring to “individuals with cancer or other serious illnesses,” not to dispensaries or other commercial marijuana businesses.

“The Department’s view of the efficient use of limited federal resources as articulated in the Ogden Memorandum has not changed,” Cole wrote. “There has, however, been an increase in the scope of commercial cultivation, sale, distribution and use of marijuana for purported medical purposes.”

Colorado U.S. Attorney John Walsh forwarded Cole’s memo to state Attorney General John Suthers this morning, on the same day that sweeping new rules for the state’s medical-marijuana industry go into effect. After two legislative sessions of feverish work, Colorado now has the nation’s most comprehensive system for creating and regulating cannabis businesses.

Meanwhile Friday, medical-marijuana advocates announced they have filed a lawsuit in state court challenging the new rules for dispensaries. The advocates argue the rules restrict patient rights and violate the state constitution’s medical-marijuana provisions.

Comments

mmjPatient22 2 years, 9 months ago

Well, and not that anyone was asking either, but here's what I say....

Damn the Feds, hell or high water.
I'm not in the dispensary business, nor have I ever made a red cent from any dispensing that's ever been done at any of them. But I do support their businesses. I believe that their businesses serve a purpose in this community, most especially if they're being taxed and generating revenue for other things. Granted, the overall issue has very little to do with that exact fact but it's an important point none the less.

Let's break that down for a short while, shall we?

If a business is taxed and the subsequent revenues are utilized by the taxing authority then, inherently, hasn't the entity that collected the tax given their approval of such taxable actions taking place? Therefore, if it is found that dispensaries are operating in violation of federal law(and have been for the entirety of their existence), what then will the status become of all of the tax-dollars that have been collected from this "illegal activity?" What then, oh wise bureaucrats, will become of the municipalities that have licensed, condoned, and financially benefited from(taxed) such activities?

Am I the only one here who's thoroughly convinced that it's high time to take this whole "war against cannabis" thing to a national vote? I mean, c'mon, this is getting ridiculous.

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Lisa Watts 2 years, 9 months ago

I believe in miracles. Finally, we've agreed

You've grasped my point from the beginning. Fight it where it needs to be fought.

Anything else is insanity and a blinded waste of energy, time, money and resource.

The enitre taxing issue, revenues and municipalities attempting to legislate this falls under that part:

"and those who knowingly facilitate such activities” are in violation of federal law regardless of their state laws."

But then, I've repeated myself....alot.

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Scott Wedel 2 years, 9 months ago

The Feds have yet to bust a dispensary anywhere that was following state law and so no State government has argued 10th Amendment issues in court. That is relevance because, in particular, HR 1284 is designed to remove federal jurisdiction from state operated dispensaries.

Second, the original memo of not bothering MMJ dispensaries was the result of Feds busting and putting on trial dispensary owners or growers in places like SF. So then the local governments passed MMJ sanctuary ordinances directing their local police to not cooperate with any federal investigation for activity legal under local or state laws. So the Feds wanted to stop cities passing those MMJ ordinances and wrote that first memo.

It goes to show how completely the war on MJ is so completely lost when not only has the federal government failed to stop usage or supply, but has lost cities and counties cooperation in the war. But now the genie is out of the bottle so now the Feds want to create fear uncertainty and doubt to try to limit investors willing to invest and grow the MMJ industry.

Thus, while Feds could bust a Colorado dispensary they could lose the case as a matter of law due to lack of jurisdiction, a MMJ sympathetic jury could decide not to convict and finally they could lose cooperation from local law enforcement. If the dispensaries are not banned in SB then I'd expect next City Council to be willing to pass a MMJ sanctuary ordinance.

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mmjPatient22 2 years, 9 months ago

Maybe you missed my points?(although I doubt it, seeing as how so many on your side of the issue loves to take what we've said and twist it all about in whatever way seems fit for whatever argument is trying to be made)

What I'm talking about is abolishing(completely/100%/unconditionally/no-exceptions) this ridiculous prohibition of cannabis. It serves no purpose. It has accomplished nothing towards it's implied mission. All it does is bring more and more harm to innocent people.

If you thought for a second that my original post had a damn thing to do with agreeing with you on what your views are on this particular topic, you're even more delusional than I had ever dreamed.

Furthermore, any progress that is made on our front(be it dispensaries, pro-mmj legislation in any number of states, or flat-out legalization ballot measures that have started to sprout up across the country) will be celebrated as a victory by us, even if they end up failing, simply on the grounds that it's a change from the past 70-80 years of unjust persecution of cannabis users. The cannabis movement is taking hold in a way that was completely unimaginable to those that fired the first shot(s) in this phony war against cannabis. The people of this country are starting to stand up and demand that their government reverse it's stance on cannabis. We're sick and tired of paying for these clowns to run around and bust a bunch of cannabis users. There is no justice to be served there.

And back to one of the other points, what exactly are you proposing that the feds do about all of this?
Abolish the 10th Amendment? Blackhawk choppers cruising through the valley rounding up every registered card-holder, dispensary owner&employee and taking them to some sort of medical internment camp for proper RE-evaluation of their medical needs? Are they going to have to go through and arrest every single state government worker that had anything to do with the legislative process surrounding medical cannabis? What about all of the cops that have just let these card-holding potheads just slip through their fingers after checking their card? Arrest them too? Talk about waste....

. How about you come back and talk when you can really figure out exactly what it is about cannabis that inspired this conquest that you and Kelly are raging on?

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freerider 2 years, 9 months ago

Lisa you are a drug cartels best friend

Do you even know why pot was made illegal ?? or do you believe government BS

IN 1937 Harry J. Anslinger was paid off by the Hearst family because he wanted his news printed on wood pulp instead of hemp ... that's just part of it along with racist comments towards blacks and mexicans

your ignorance takes this country back to the dark ages

there are now volumes of proof that Marijuana is medicine but you keep your head firmly planted in the sand

If pot is a problem for you then don't smoke it , but who the hell are you to

DICTATE ANYTHING TO ANYBODY !!!!!!

he sold his bill of BS with the following

Harry J. Anslinger quotes: ...the primary reason to outlaw marijuana is its effect on the degenerate races.

Harry J. Anslinger quotes: Marihuana leads to pacifism and communist brainwashing.

Harry J. Anslinger quotes: There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others.

Harry J. Anslinger quotes: Reefer makes darkies think they're as good as white men.

Harry J. Anslinger quotes Marijuana is an addictive drug which produces in its users insanity, criminality, and death.

Harry J. Anslinger quotes: You smoke a joint and you're likely to kill your brother.

Harry J. Anslinger quotes: Marijuana is the most violence-causing drug in the history of mankind.

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Rob Douglas 2 years, 9 months ago

Good to see the Denver Post Editorial Board taking a commonsense, states' rights position against Obama's federales when it comes to MMJ. This county's citizens and elected representatives should adopt the same posture. It's time for stiff spines. It's time to stand up and be counted. http://www.denverpost.com/news/marijuana/ci_18394420

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Glenn Little II 2 years, 9 months ago

Right now the federal government is asking states to be heard and stand up for there rights.. Either the state government decides to stand up for MMJ patients or lose all the revenue they have gained through this growing experience, or should I say experiment. This is a test for the people to be heard through the states government. What will the federal government possibly do with 127,000+ MMJ cardholders? They are better off imprisoning the state politicians who wrote the legislation to regulate marijuana. For every dispensary that goes down in flames a lawsuit will bring light to the situation. The need for complete reform on marijuana laws is long overdue. The time for legalization is coming in the near future !!! Please, Read, Hate, Repeat...

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kathy foos 2 years, 9 months ago

People with legal cards are law abiding citizens with a medical condition(no matter how some accuse of being a phony condition).They want to obey the law and notices like this from the federal government and other local stances ,seem like legal harassment against the disabled of the county.These are laws put in place by voters the USA and to slander the card users is approaching a hate crime mentality, that is being not only tolerated by the federal government,but encouraged.Maybe the card holding patients should start a class action civil lawsuit to stop the discrimination that is happening against the mj license that they are paying for.Don't make criminal's out of law abiding card holders,its not fair.The people without cards and the cocaine and meth,those are the ones that law enforcement should bother (please do).,again mj cardholders are law abiding or they wouldn't get the card.

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kathy foos 2 years, 9 months ago

Our state passed laws for mj industry and patients( the Colorado State Health Department administrates the law and patients ,they are the law for it here)to accuse it of being a bogus situation and that the patients are not really worthy ,but just doing an illegal drug for fun is a false opinion at best and discrimination against medical condition at worst.Our federal government was ordered two years ago not to spend money prosecuting in this area unduly.People are now being told that they are totally illegal and can be prosecuted.Since the federal government is the one to file discrimination cases with(our only recourse to remedy discrimination,the directives are ambiguous to each other .They set up disabled people for being legal ,then wait no they aren't legal.Many legally disabled people are mj patients,not just cancer,migraine sufferers etc.,they follow the laws to the letter and now they have to feel like lawbreakers because some one had a bad day in Washington?Never have I seen such action by our Federal government,they give a whole new meaning to the word wishy-washy.I think that being how the government has tromped on the rights of mj patients in our community,state and country,non-patients of mj should stand up now and protect the rights of a law that is being raped on the federal level.If anyone is exploiting the patients subjecting children to ads etc,that is wrong. If some one is breaking mj rules they need to be prosecuted (like booze is also)If however someone is obeying Colorado law and are being exposed and belittled,it should stop.Patients stick together and don't put up with it.Non-patients , the government looks a little weird on this one and maybe you need to protect the rights of America to vote in a law and not have the feds take it over on a whim.Protect the rights of all laws in America to be acknowledged,not just pick and choose,this is a democracy.

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Rob Douglas 2 years, 9 months ago

Interesting multi-part series by the Orlando Sentinel on Florida's pain medication "Pill Mills" and the role physicians play in addicting and killing "thousands" of folks every year.

A key quote: "Local and state leaders, and even the White House and Drug Enforcement Administration, point to Florida as a top source for prescription drugs. Yet politicians, law enforcement, health officials and others can't seem to get their arms around the problem. Years of weak regulation, a lack of legislation and no prescription-drug-monitoring program — combined with doctors who liberally prescribe narcotics — helped make Florida the poster child for the prescription-drug epidemic."

And, here is the knockout quote: "[P]rescription drugs kill thousands in Florida each year — nearly seven people a day."

Perhaps this is where King Obama and his henchmen along with the AMA should focus their attention instead of sticking their statist noses into the affairs of Colorado. Let Colorado decide for Colorado when it comes to both MMJ and MJ. see: http://articles.orlandosentinel.com/2011-06-12/news/os-prescription-drugs-how-we-got-here20110612_1_pill-mills-prescription-pills-prescription-drug-epidemic

By the way. The problem with doctors in Florida selling highly addictive and lethal prescription drugs is so rampant, the television show Cops last night devoted a segment to showing how easy it is to pick almost any "pain" clinic in Florida and find abuses.

But, this is nothing new.

The federales, state officials in many states, law enforcement and the AMA have known about Pill Mills for years (just Google "Pill Mills" and you could spend the rest of the month reading story after story and watching undercover videos of abuses) and, for the most part looked the other way. Why? Because the AMA and Big Pharma can dole out millions upon millions to legislators and other elected officials to have them keep the heat on one set of drugs they've deemed "illegal" while promoting, advertising and addicting folks to other drugs they declare "legal."

Here's a quaint notion. Let folks decide what to put in their own bodies - be it food, booze, smoke (damn I like a good cigar and a glass of scotch after an artery clogging steak) or "medicine." And, most of all, end this asinine "War on Drugs" that has done far more harm to our citizens physically and fiscally than the underlying problem of addiction that grabs some while ignoring others - which is what we should really be addressing with compassion instead of jail cells.

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Scott Wedel 2 years, 9 months ago

Pill Mills is an even more cynical business than Rob describes. Big Pharma tracks their sales in sophisticated database to track the success of marketing campaigns and under or over performing sales people. It would take a matter of minutes for them to identify pharmacies selling modestly more than to be expected and thus detectable to them, but not the government. But, big pharma fights any such efforts because it is internal information and would affect their sales.

Something that kills an average of seven people a day in just one state might warrant government regulation. The sort of patient and sales tracking that was implemented in Colorado for MMJ would certainly limit use of narcotics and would save lives if implemented in pharmacies for patients purchasing prescribed narcotics.

But no, we have the worst of both worlds with MJ which is a nonaddictive nonlethal drug is illegal at the federal level while lethal narcotic drugs are legal.

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1999 2 years, 9 months ago

This really makes me wonder and speculate on who is paying Ms Victory. she is tied to walgreens is she not?

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JLM 2 years, 9 months ago

Without taking a stance on the wisdom of MMJ, it is appalling to see the lack of knowledge as it relates to the Federal government's role in the regulation of pharmaceuticals.

This is long settled law and is made the more obvious by the notion that MMJ is a "pharmaceutical". If it is a pharmaceutical, then it is regulated by the Federal government as are all such substances. ALL such substances.

States cannot regulate pharmaceuticals and especially in conflict with Federal law. You may not like this notion, but it is the law of the land.

When State law attempts to intrude into areas which are the exclusive domain of the Federal government, the States always lose these confrontations. Not even a close call.

The goofy "estoppel" argument that a business which pays taxes is somehow legitimized by having paid those taxes is just plain nonsense.

Illegal acts may give rise to legitimate tax obligations that in no manner absolve the payment of taxes --- income, regulatory or otherwise.

The payment of those taxes does not somehow make the illegal activity legal.

Al Capone went to jail for income tax evasion.

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JLM 2 years, 9 months ago

The American Medical Association is an industry trade group of DOCTORS! Nobody w/ a brain would expect doctors to regulate themselves in an effective manner, would they? Really?

The issue w/ pill mills is the doctors who are willing to prescribe huge amounts of drugs as a means of making a profit through medical visits by the patients, follow up visits and pharmaceutical company sales incentives.

The parallels w/ the MMJ industry are quite striking inasmuch as a doctor is the gateway to both drugs.

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JLM 2 years, 9 months ago

To suggest that marijuana is not an addictive drug is to take a vacation from reality.

Marijuana is by its very nature a seductive mood and mind altering drug whose users use it for that very effect. If marijuana did not make you "feel" different why would anyone want to use it?

Addiction is simply the craving and uncontrollable desire to use some substance coupled with an inability to cease use easily. It is further characterized by the modification of behavior attributable to the seeking and use of the substance.

Marijuana addiction is the most swiftly growing area of the "rehab" industry; and, is touted as the desired alternative to law enforcement intervention or incarceration.

The physical craving creates a physiological dependency --- not unlike coffee on the benign end of the scale and heroin on the less benign end of the same scale --- in which the body requires more of the drug to induce the same drugged effect with the passage of time and the increase in the use.

The development of more potent marijuana by means of simple genetic selection and plant natural selection has resulted in more potent marijuana by any objective assessment.

The more potent marijuana creates a shorter time period for the addiction to be triggered and the addiction itself to become more virulent.

Today's marijuana is not that of the 1960s --- it 5-6 times more potent. The yield rates are enormously increased. This is not your Grandma's marijuana.

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mmjPatient22 2 years, 9 months ago

JLM-

Seeing as how the Federal government, ultimately, represents(or is supposed to) the will of the people whom it claims to be serving, how can they carry on like they have been when so many people are demanding that their stance on cannabis be reversed? It won't be long before 50% of our states in this union have pro-mmj legislation. When that happens, how on earth will the feds be able to justify themselves then?

What so many people on the anti-cannabis side of the debate have such a hard time understanding is that the foundation of the prohibition of cannabis was never laid on solid ground. There was no science behind it, no facts behind it, and no reason behind it....of coarse, unless you count "Reefer Madness" as some fashion of truth.

What strikes me as most interesting is that IF a person on the anti-cannabis side of the debate chooses to relay some fashion of "fact" that they think they know on the matter, it's normally nothing more than regurgitated propaganda that has been fed to them over the years. There are never any links to references or sources for their "information" and they expect everyone to just take them at their word. Well, not me bubba.

Just to show good faith, here are some FACTS about cannabis that you may find interesting; http://www.scientificfactsofpot.com/studies.htm#NP

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JLM 2 years, 9 months ago

@ MMJP

Your comment exposes the real issue --- mmj is not about medicine, it is about the legalization of marijuana in its entirety. MMJ is just an enormous head fake.

MMJ is not even amongst the top 5 treatments for any malady it purports to treat as measured by efficaciousness. [I may have invented that word, but you get what I mean.]

The Federal gov't does not in any way represent the will of the people. We have a representative democracy in which the people directly elect "representatives" to constitute the executive branch and the legislative branches of our government.

The executive then appoints --- subject to confirmation by the Senate --- the judicial branch of the government.

What we do not have is a DIRECT democracy in which the changing whims of the electorate control the then current policies of the government.

All of that aside, the legalization of mmj by the individual States is simply an abuse of power given that the Feds control pharmaceuticals and have forever.

The supremacy of the Feds over State legislation is simply the way it works and is constitutionally sound.

Personally, I would like to limit the power of the Feds including even their control over pharmaceuticals as it is the United STATES of America not the Federal Republic of America.

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mmjPatient22 2 years, 9 months ago

First of all, yes, you did indeed invent that word. The correct form would be "efficacy." But yeah, I got your meaning.

Secondly, you claim, "MMJ is not even amongst the top 5 treatments for any malady it purports to treat as measured by...." Any idea where I can look at that information for myself, or am I to just take you at your word? See, this is the problem with trying to hold a debate about this. Rarely do we ever see any references to the data that people on your side of the debate claim as fact. Even IF our side of the debate was totally "full-of-it" and had no validity to it what-so-ever, we at least reference what we're talking about so others can go and do their own independent exploration of those alleged facts.

And thanks for the lesson on our system of government but I sat in history class too. You know what I meant when I was talking about the feds representing us. Is this not a government that is supposed to be of/for/by the people?

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mmjPatient22 2 years, 9 months ago

To boot, did you even explore the link that I posted for 5 seconds?

I'm guessing you didn't, namely because facts from our side inherently(and automatically) are thrown out by people on your side just because it's a fact from one of us.(...and Lord knows you can't trust a damn thing that a cannabis user says)

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heboprotagonist 2 years, 9 months ago

My posts keep getting deleted w/o explanation, but I had to jump in here.

JLM says that "To suggest that marijuana is not an addictive drug is to take a vacation from reality."

As someone who has smoked daily for the better part of two decades, I can say unequivocally that such a statement couldn't be further from the truth. Sure, I know- I just said I've smoked daily for twenty years and JLM would probably think that makes me an addict.

But I smoke less now than ever. I used to think about it all the time. I would get anxious when I was getting low. Now that I'm "legal" I don't think about it at all and my consumption has dropped significantly. I had none of the "craving or uncontrollable desires" that he speaks of, nor have I faced any difficulties cutting back. In fact, it was my wife who pointed out that I seemed to be smoking less, I didn't even notice until I started monitoring myself more carefully.

Maybe I'm an exception, maybe I'm some sortof superhuman with divine willpower. Though if you've ever seen me chase down an ice-cream truck you'd know better. The simpler explanation is that pot is simply not addictive and that JLM doesn't know what he/she is talking about.

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JLM 2 years, 9 months ago

@MMJP ---

Haha, of course, efficacy. Sorry. I was probably stoned.

@ hebo ---

You have been smoking pot for 20 years and it is not addictive? LOL Thanks, that is a good one.

The reason you craving seems to have tapered off may simply be that the potency and virulence of your weed has increased dramatically.

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exduffer 2 years, 9 months ago

Ahh reminds me of the old joke... " What's wrong with chiropractors? I've been seeing mine once a week for the past 20 years and I'm in perfect health."

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cheesehead 2 years, 9 months ago

JLM your comments only reinforce everything MMJ22 has been saying about the pot hate campaign. No facts, pure speculation, and an "I'm better than you, therefore I am right" attitude. If you continue to not provide any valid information on the topic, you continue to hurt your own cause.

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cheesehead 2 years, 9 months ago

the word " addiction" keeps getting a new meaning. is there any substance/behavior that is not addictive anymore? If someone is addicted to their anonymous ego on the pilot forum should it be outlawed?
There's physical addiction (we've all known an alcoholic) and behavioral. ANY behavior can be addictive. If pot is physically addictive back it up. (I honestly don't know if is, but the only argument I here is that its behavioral)

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mmjPatient22 2 years, 9 months ago

JLM-

And that's supposed to be some sort of reply? That's your answer to all of that?

This just keeps getting easier and easier. Heck, at this rate, seeing as how there is no longer an argument coming from the cannabis haters anymore, we'll have cannabis completely re-legalized in under a year.(obviously, this is not a heartfelt prophesy, just an attempt at humor)

And just to drive my point home a little further, here's a brief synopsis of what that link that I posted mostly pertains to;

The Studies Marijuana Fights:

Heart Disease Cancer Diabetes Osteoporosis Alzheimer's Liver Disease Epilepsy Skin Allergies Post Traumatic Stress Disorder Anxiety and Depression and is also Neuroprotective and Causes Neurogenesis (brain cell growth)

However, on the actual site each one of those conditions is hyper-linked to the study that factually supports that claim. In my ignorance I am unable to duplicate that same hyperlinking here. Maybe I'm just not "medicated" enough? Nonetheless, here's that link one more time..... http://www.scientificfactsofpot.com/studies.htm

Are any of us on the pro-cannabis side of the debate to ever expect such factual references from the likes of you? Something tells me that I need to prepare myself for some more disappointment from the cannabis haters. But, try to prove me wrong.....again.

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mmjPatient22 2 years, 9 months ago

I think that it's a pertinent piece of information for the entirety of the debate and that's the only reason that I'm going to say what I'm about to say(or type, or what have you).

I'm "medicated" 99.5% of the time that I sit down to jot a little something on this website.

If cannabis has such a huge effect on the way that a human brain functions(negatively, as the prohibitionists would have us all believe), then shouldn't my posted all contain the most unintelligible blather that anyone has ever read? In spite of that, and more often than not, I find myself straining to understand the points that most of the prohibitionists are attempting to make. This is not because I'm lacking in brain function but more that, after reading their posts, I find myself wondering whether we've all even been taught the same frigin' English language, or not.

(and for a little cherry on top, I'm about 2.5 sheets to the wind right now too)

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james Patterson 2 years, 9 months ago

Now that the case regarding Florida's pain pill mills is settled, can I get an apology from Dr Victory for implying that because I knew of this situation I must be a pain med abuser? Dr Victory stated that she is a board certified Dr in Florida and would certainly know if the pain pill mills existed and if they were being abused.
So much for being informed about what's going on in Florida. Makes one wonder how informed she is about the MMJ situation here in SBS.

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1999 2 years, 9 months ago

thank you skypilot. I suspect ms victory will not respond

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Scott Wedel 2 years, 9 months ago

As for the Feds, HR 1284 is designed to take MMJ out of federal jurisdiction by being purely an intrastate business. While some may think that it is pointless and feds will still have jurisdiction, legally that is still unknown. The recent US Supreme Court decision (Gonzales v Raich) on MMJ was a split decision and HR 1284 could be viewed as an attempt to negate Scalia's argument that it cannot be denied there is interstate commerce of MJ and someone growing could just as easily be selling. Well, with HR 1284 the Colorado dispensaries document that their mmj is grown within the state of Colorado and their state licensed customers can neither legally take it out of the state and have purchases tracked so they are not buying it in bulk from numerous dispensaries to resell.

At the very least, with HR 1284, the feds know there are serious legal risks of busting any dispensary that is not also violating state law. The big danger for the Feds is if a court allows Colorado MMJ then any state could do the same. Thus, it is much safer for the Feds to spread fear, uncertainty and doubt than to actually take action. Which is probably why they have not busted any of the easy to locate Colorado dispensaries and instead have taken to writing memos.

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JLM 2 years, 9 months ago

If you are using e-mail to communicate you are involved in INTERSTATE commerce and therein lies the regulatory rub.

The issue of Federal regulation of pharmaceuticals is so completely settled law as to be akin to real estate.

Not going to happen.

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JLM 2 years, 9 months ago

@ mmj ---

Your long list of ailments upon which mmj is an effective medicine is very impressive until you recognize that mmj is not within the top 5 treatments of any of those diseases as measured by effectiveness and efficacy.

mmj just does not deliver relief at a level of effectiveness to justify its use.

It is a worthless weed medically. Of course, I recognize it is a religious experience to some. LOL

Sorry to laugh at mmj. I know you revere it.

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mmjPatient22 2 years, 9 months ago

JLM-

And there's still NO reference for your whole "top 5 treatments" thing that your spewing. Very interesting fact and all, but where can the rest of us find it.

OR are we supposed to just be satisfied with what comes straight from the horses mouth?

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Scott Wedel 2 years, 9 months ago

I wouldn't so causally dismiss the legal importance of HR 1284. The US Supreme Court Gonzales v Raich decision was split with a separate concurring opinion and sharply worded dissent. There was no claim by any of the justices that issues like email or phone calls meant that triggered the commerce clause of the US Constitution. The issue was personal growing of MMJ that no one denied being unregulated could be sold to dealers or mailed across state borders. It was about level of commerce that could be relevant. And that issue was split 6-3 with dissenting comments below. With HR 1284, the argument becomes possible for the dispensary and the state to demonstrate there was NO interstate commerce. If legal issue is so clear then certainly the feds would bust any of the major Colorado dispensaries.

O'Connor concluded: “ Relying on Congress’ abstract assertions, the Court has endorsed making it a federal crime to grow small amounts of marijuana in one’s own home for one’s own medicinal use. This overreaching stifles an express choice by some States, concerned for the lives and liberties of their people, to regulate medical marijuana differently. If I were a California citizen, I would not have voted for the medical marijuana ballot initiative; if I were a California legislator I would not have supported the Compassionate Use Act. But whatever the wisdom of California’s experiment with medical marijuana, the federalism principles that have driven our Commerce Clause cases require that room for experiment be protected in this case. ”

Justice Thomas also wrote a separate dissent, stating in part: “ Respondent's local cultivation and consumption of marijuana is not "Commerce ... among the several States."

Certainly no evidence from the founding suggests that "commerce" included the mere possession of a good or some personal activity that did not involve trade or exchange for value. In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana."

If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress' Article I powers -- as expanded by the Necessary and Proper Clause -- have no meaningful limits. Whether Congress aims at the possession of drugs, guns, or any number of other items, it may continue to "appropria[te] state police powers under the guise of regulating commerce.”

and further: “If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madison's assurance to the people of New York that the "powers delegated" to the Federal Government are "few and defined", while those of the States are "numerous and indefinite."

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mmjPatient22 2 years, 9 months ago

. .....and then, without warning, the prohibitionists go back into hiding for a while. .

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cheesehead 2 years, 9 months ago

Once again you laugh at it, but provide no useful information. Why can't the pot haters back anything up? PLEASE provide valid information so I can have an ounce of respect for your stance.

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mmjPatient22 2 years, 9 months ago

Any idea where can I go to make sure my "John Hancock" ends up on that list? ...and I'm pretty sure we should at least get A copy to circulate up here.

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mmjPatient22 2 years, 9 months ago

As a matter of fact, if there's an opening for a "signature collector" here in Steamboat it would be a great pleasure for me to do that. Something tells me that this area would be quite productive.

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