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Medical Pot Backers Sue Feds Over California Crackdown

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iscooterliberally Donating Member (228 posts) Send PM | Profile | Ignore Thu Oct-27-11 04:12 PM
Original message
Medical Pot Backers Sue Feds Over California Crackdown
Source: The Associated Press

SAN FRANCISCO (AP) Medical marijuana advocates in California sued the federal government Thursday in an effort to quash a recent crackdown on the state's storefront pot dispensaries, claiming government officials have overstepped their constitutional authority by not respecting how local officials have chosen to regulate pot stores and growers.

The lawsuit filed in San Francisco by the advocacy group Americans for Safe Access states that recent raids of licensed dispensaries and letters warning city officials they could be prosecuted for trying to regulate medical marijuana cultivation and sales constitute an illegal power grab under the 10th Amendment. The amendment awards to states legislative authority not explicitly reserved for the federal government.

"ASA does not challenge the congressional authority to enact laws criminalizing the possession and/or control of marijuana, as this issue has been resolved in the government's favor," Americans for Safe Access Chief Counsel Joe Elford wrote in the complaint. "It is, rather, the government's tactics, and the unlawful assault on state sovereignty they represent, that form the gravamen of ASA's claim."

Read more: http://www.google.com/hostednews/ap/article/ALeqM5iZy8v...



Let's see how this shakes out. At least they're fighting back.
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musiclawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 04:33 PM
Response to Original message
1. I think this is big
If they get the right judge, with the right ruling, the house of cards starts to collapse--just like Judge Walker's decision in the sam sex marriage case.
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iscooterliberally Donating Member (228 posts) Send PM | Profile | Ignore Thu Oct-27-11 04:38 PM
Response to Reply #1
2. I really hope that you are right. n/t
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WheelWalker Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 05:36 PM
Response to Reply #1
3. I agree.
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DreamSmoker Donating Member (442 posts) Send PM | Profile | Ignore Thu Oct-27-11 07:26 PM
Response to Original message
4. Real Justice Now????
Edited on Thu Oct-27-11 07:36 PM by DreamSmoker
This will be the case of the century if Advocates win this..
It will also be a test of our Justice System..
Will Politics rule over real Justice????

May real Righteousness prevail..
As so far Only Righteous ignorance has ruled for so long..
It has cost so many Americans their Freedom, Families, Property, and even their Lives..
Not to even mention the Billions and Billions of Dollars to support this so called
Drug war that has mainly focused on Cannabis
from every corner of America to across the Planet...

http://www.boston.com/news/nation/articles/2011/10/27/m... /

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frylock Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 08:20 PM
Response to Original message
5. The Obama Administration supports MMJ in 3 2 1...
Edited on Thu Oct-27-11 08:20 PM by frylock
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Mojeoux Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-28-11 01:15 PM
Response to Reply #5
7. From your finger tips to God's ear................NT
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Uncle Joe Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-28-11 03:42 PM
Response to Reply #5
12. Sort of like how the Mayor of Oakland and Police Chief supported the occupiers, almost to death..
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Cronus Protagonist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 09:48 PM
Response to Original message
6. There's no interstate commerce here, so the Feds have no jurisdiction
AFAIK. :P
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AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-28-11 01:21 PM
Response to Reply #6
8. By your logic Obamacare is unconstitutional.
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Cronus Protagonist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-28-11 02:37 PM
Response to Reply #8
9. That is interstate commerce, and it's unconstitutional due to the fascism
RomneyCareByObama includes forced payment and also involves interstate commerce. Apples and oranges.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-28-11 03:30 PM
Response to Reply #6
11. Cough. Wickard v. Filburn
Cough.
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Cronus Protagonist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-28-11 04:06 PM
Response to Reply #11
13. I would argue that this does not apply in the case of MC
"...because Filburn's wheat growing activities reduced the amount of wheat he would buy for chicken feed on the open market, and because wheat was traded nationally, Filburn's production of more wheat than he was allotted was affecting interstate commerce, and so could be regulated by the federal government."

None of these reasons for the decision apply in the case of medical cannabis. A cannabis grower cannot buy his product in any open market, his product is not traded nationally and the activities of Medical Cannabis Clubs are not affecting interstate commerce, ergo my original assertion is supported by this case, not undermined by it.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 08:51 AM
Response to Reply #13
14. The federal government does regulate commerce in cannabis
The tax is still $50 per ounce.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-28-11 03:30 PM
Response to Original message
10. IT'S NOT PRESIDENT OBAMA'S FAULT!!!
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