The Coalition for a Drug Free California had a daylong conference to discuss how to stop marijuana dispensaries.
More than 20 community leaders, elected officials and law enforcement officials met at the Ayres Hotel to discuss the reality of shutting down or stopping dispensaries, co-ops, collectives from opening.
It seems this poor, beleaguered group is beset with obstacles. First, their opposition apparently has the people on their side
Attorney Martin Mayer said it will be a difficult battle because those in favor of medical marijuana always have people in attendance when the issue is being discussed in meetings or in the court.
“I don’t think you can organize the way your opposition is organizing, I haven’t seen it,” said Mayer, who serves as legal counsel to sheriffs and chiefs of police in 70 law enforcement agencies throughout the state.
Second, the opposition apparently has the law on their side
Another battle facing the organization, he said, is the law.
“Many times we wind up in court and we lose,” he said.
But if they’re sneaky, they still can succeed sometimes:
The city of Claremont, however, was successful in temporarily stopping a dispensary by implementing a moratorium on those businesses, he said.
The court recently upheld the city’s decision because Claremont was using zoning laws to implement the moratorium, Mayer said.
And what’s the point of all this?
“Our main goal is to help kids get off drugs,” Brenda said.
Which is, of course, why they want to deny medicine to sick people.
These people sicken me.
From the article: “California Code 37100 which, Mayer described as the “silver bullet,” states that only businesses that are in compliance with state and federal law are permitted.”
I went and googled “califonia code 37100” and the only place it was found was in this clown’s quote. Now, the CA Constitution does specifically say that state officials have to enforce state law unless there’s been an appeals court ruling saying otherwise. But then again, that’s just part of the State Constitution. I sure would like to read the text of this CA code 37100.
It should be obvious that the Coalition for a Drug Free California are neither good for democracy or good for America (of, by, for the people?). They are authoritarian fascists and very poor losers. I’m reminded of the unpopular spoiled-brat rich kid who hates the majority of kids in town because they don’t agree with him and won’t let him have his way.
OK, I found the code, it exists. Hey Pete, you need an edit function!
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1484825792+1+0+0&WAISaction=retrieve
“37100. The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States.”
Hmm, so is SB420 illegal?
I sometimes wonder what the Founders would have done with such people. They systematically attempt to override the expressed ‘will of the people’ in a barely concealed contempt for their paymasters, thinking them ‘fools for having been ‘deceived’ by drug law reformers. And yes, they’ve implied that publicly, in the (in)famous December 30 1996 news conference made by Barry McCaffrey, Donna Shalala and Janet Reno during the Clinton Administration, immediately after Props 200 and 215 were passed.
Me, had they been alive back during the Founders days, I know what I would have done to such people: considered them agents of King George 3 and acted appropriately.
You can fool some of the people some of the time… but there are, and will continue to be hundreds of med mj sites remaining in CA. Are they “poor losers” or just natural born ones?
“Our main goal is to help kids get off drugs,†Brenda said.
No, Brenda. You’re making sure that the black market thrives in your community, making not just cannabis available to kids but harder drugs as well. You’ve had over 40 years to see that fact and STILL, you confess your blindness.
“Criminal Stupidity” really should be on the books! She’s willing to sacrifice the very citizens she’s swearing she wants to protect.
These people are wolves in sheep’s clothing. Truely nasty individuals.
Duncan – here’s my understanding. San Diego and San Bernadino Counties already tried to use that to nullify California’s medical marijuana laws. They were rejected by the Fourth District Court of Appeal and the Supreme Court of the U.S. refused to hear the case.
As you have found out, the so-called “silver bullet” is not, as was stated in the article “that only businesses that are in compliance with state and federal law are permitted” but rather that the legislature can only pass laws that are compliant with both.
The courts have been dancing a fine line that states that federal law is supreme, but does not prevent state law from being different. I’m not sure I understand it completely myself, but every single court has refused to take the position that state laws regarding medical marijuana are negated by federal laws — merely that the feds are free to enforce their own laws as well.
“The courts have been dancing a fine line that states that federal law is supreme, but does not prevent state law from being different.”
The path of least resistance for prohibition reform and ultimate elimination is the medical use route. As time goes on, more and more states are taking that approach, allowing a legal market to form and demonstrate the free exchange of a useful, tangible, valuable, product (cannabis) or service related to cannabis for a reasonable price in a clean, professional environment. This gives the market a chance to decide, which it is in spades. Additionally, it also makes the prohibitionists look like the puritanical fools that they are when they impede this kind of responsible use and distribution.
Medical Marijuana has reached its limits in terms of reform. They’ve carved out a nice niche in California, but that’s as far as they can take reform here.
Most clubs have higher prices than on the street plus a $150/year tax just to get in. I think it’s a stretch to call Medical Marijuana a legal market. They’re more like speak-easies than liqueur stores.
Prop 215 is the law of the land.
State Citizens initiatives over rule politicians.
State citizens initiatives over rule county and city governments.
All intiatives over rule cops opinions.
SB 420 and Measure G are over ruled by Prop 215.
CA code 37100 is over ruled by Prop 215.
The 10th Amendment over rules DEAth.
But that doesn’t mean they will be enforced or not appealed…
Scam DEAgo and similar reefer phoebes have tried and failed.
California Supreme Court Lets Collective Marijuana Cultivation Continue
September 25 2009
In a major victory for pot advocates, the California Supreme Court has refused to review a landmark appellate court ruling protecting the right of medical marijuana patients and their caregivers to collectively grow marijuana.
Rural sheriff’s departments in California may have to find a new pastime to replace bullying medical marijuana growers. In a major victory for pot advocates, the California Supreme Court — right around harvest time! — has refused to review a landmark appellate court ruling protecting the right of medical marijuana patients and their caregivers to collectively grow weed.
The 2-1 ruling by California’s Third Appellate District Court also affirmed patients’ ability to take civil action when their right to collectively cultivate marijuana is violated by law enforcement. The case, County of Butte v. Superior Court, involved a private seven-patient medical marijuana collective in Paradise, California (oh! the delicious irony — props to God or whomever is responsible).
Note. Compassionate Use Act not the MMJ Act
HS 11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
* has been recommended by a physician
* person’s health would benefit
* or any other illness for which marijuana provides relief.
* no physician in this state shall be punished,
* Illegal possession and cultivation of marijuana,
shall not apply to a patient, or to a patient’s primary caregiver
* upon the written or oral recommendation or approval of a physician
* The department shall establish and maintain a voluntary program for the issuance of identification cards to qualified patients who satisfy the requirements of this article and voluntarily apply to the identification card program.
* “Qualified patient” means a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this article.
* It shall not be necessary for a person to obtain an identification card in order to claim the protections of Section 11362.5.
* A qualified patient or a person with an identification card
* Any individual who provides assistance
* A designated primary caregiver who transports, processes, administers, delivers, or gives away marijuana for medical purposes
* (a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability.
Politicians and Cops are not necessary!
Renegade Cops & Ganja Props
Safe Access Now Online Handbook
Cannabis Yields and Dosage (Part 1)
By Chris Conrad (c) 2004 , 2005, 2007
or any other illness for which marijuana provides relief.
This 6-inch diameter canister held 254.89 grams of federal medical marijuana for an IND patient, a typical monthly supply mailed from the federal cannabis research garden in Mississippi.
An indoor garden: More harvests, but smaller plants
Outdoors: With a typical growing season that lasts from March or April into September or October, outdoor plants have a long time to grow and usually much more space to spread out, so they tend to be larger.
Half the plants grown from cannabis seed are males that are worthless for marijuana.
100 square feet of mature female canopy from seed or clone is harvested at one time outdoors, with a total yield of ±50 ounces (3.1 pounds) of bud to last the entire year.
“The quantity possessed by the patient or the primary caregiver, and the form and manner in which it is possessed, should be reasonably related to the patient’s current medical needs.”
— California Court of Appeals, People v. Trippet (1997)
and this…
The current War on Medical Cannabis in California
California Code 37100 which, Mayer described as the “silver bullet,” states that only businesses that are in compliance with state and federal law are permitted.
I hate it when these people lie. Here is section 37100:
Quote:
37100. The legislative body may pass ordinances not in conflict
with the Constitution and laws of the State or the United States.
That’s the long and the short of it. (The “legislative body” referred to in 37100 means city councils and other municipal authorities.)
The drug warriors are getting desperate! Those city councils that try to write these anti-mmj laws need to be brought to task and reminded that they too have to follow the law.
PharmaCan
brenda chabot and her husband are tools of the federal goverment much as the feds violated state law by advertising against state ballot propositions.these 2 pieces of shiite recieve their funding from federal grants,isn’t that nice? your paying for these two fucknuts propoganda.major media sucks when they don’t point these facts out or opposing viewpoint revealing their true bias and total irrelevance in all things political.
nephilthim
Of course another big problem with their sincerety is the failure to include more dangerous drugs like alcohol in the SAVE the Children… from other peoples drug… equation! Perhaps attorney Martin Mayer can tell us what right ‘joe six-pack’ has that ‘tony the toker’ doesn’t? Perhaps he’ll have to drink on it for a while with the top kops he counsels first! 2 beers a day or 6 per week constitutes alcohol drug abuse… which is for life… poor diseased bastards! They ought to incarcarate themselves now… it’s the compassionate & responsible thing to do after-all! Wonder what they are really waiting for? A financial incentive you suppose? Because the evidence of their danger to society is overwhelming!
That’s because its never about the safety of the children, its about profits. Booze has a huge fossil fool infrastructure, Pharmaceuticals and all the Hemp products kept off the trade market only by prohibition. Same thuggery and lies intimidating citizens into going along with the program, after-all its for the kids. BS!
Most of the drug worriers get Federal grants to lie. Not to legalize. Prohibition paraphernalia profits or keeping profits free of competition. Nothing to do with the kids and these cut throat low life scumbags should be more than held accountable. They are terrorizing citizens, knowingly, with malice and foresight. They plan to terrorize citizens and care less. These fascist wannabes need serious jail time.
Aunuld’s corporatism vetoing hemp keeping these products from fair competition.
The Elkhorn Manifesto
@Pete please check this out as it may help answer some of of the questions posed:
Vanderbilt University Law School
Public Law and Legal Theory
Working Paper Number 09-05
Legalizing Federal Crime: The Example of State Medical
Marijuana Laws
Robert A. Mikos
This paper can be downloaded without charge from the
Social Science Research Network Electronic Paper Collection:
http://ssrn.com/abstract_id=1356093
Please correct me if I’m wrong, but I was under the impression MJ is illegal under Federal law if it does not have a tax stamp (like tobacco) and the Federal government does not sell the stamp.
That would mean California law is not directly in conflict with Federal law. California says that it is OK to sell it for medical reasons inside of California. If it doesn’t have a Federal tax stamp, that is a Federal problem. California is not required to chase after people who don’t pay their Federal taxes.
Or is that all just an urban legend?
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@Ddc:) The $40+ billion a year drug war, not including the cost of incarceration which comes out of the judiciary budget, is like a private lottery that all drug warriors are guaranteed to win… thye just gotta play the game of kill or incarcerate. Win/Win for the liarticians responsible and their tools vs. Lose/Lose for the citizens and the rule of law. How can we compete with those odds… they have become the worst organized criminals imaginable to our founders. Horse thieves with immunity! Damned brigands if ask me…
Paul, if i remember correctly, that was the way it was before the Controlled Substances Act. It is not the case anymore, but that was once true.
We can easily end the sick profits the liquor companies use to buy votes and bribe politicians to punish us… the cannabis consumer/competitor. It is just another drug/market competition in the end to these guys. Anyone can learn how to home brew. It’s quite easy, legal and liberal as far as the law is concerned. Allowing 5 gallons per adult, per month, per household for personal use. In my case thats 15 gallons per month for 3 adults 2 of which are women that don’t drink much. Always enough for my buds, poker games, and weekend bbq’s. Plus the beer always tastes better… when you grow your own… yeast that is! Wonder if the CO2 that naturally occurs and escapes could be used for something else? “Humm, I don’t know… i’d have to think about it” – ICP ;]
I really wish I had a religious belief that included the place called Hell. Then, at least, there’d be some justice for this sort of people.
@paul
The marijuana tax act of 1937 was found unconstitutional and practically immediately after was replaced by the Controlled Substances Act around 1970.
Hell for prohibs would be a place where the populace pays not one bit of attention to their rantings and demands to conform to their belief systems. Sort of like being forced to stand on the street corner wearing a sign that says “The End is near!” and scream all day long at passersby like some mentally unbalanced ‘bag lady’.
The difference between such unfortunates and the prohib would be that said passersby would be legally allowed to make the traditional gestures regarding an audience’s displeasure with a poor drama performance, namely, hurling rotten produce at said screeching prohib.
If the prohib tried to use force to cause others to accede to their demands, the prohib would be detained and remanded to a warm, safe, comfortable ‘treatment’ facility room where they would be forced to inhale concentrated hash oil fumes until they calmed down, and engage in a 12 step program where they have to initially greet fellow prohibs by saying, “Hi, I’m _________ and I’ve been a damned fool” or some such.
You’ll note that, unlike our opponents, we wouldn’t engage in the more cruel aspects of enforcement, such as they do. But the humiliation they’d receive would be sufficient to dissuade others of like mind to keep their nose out of their neighbors business and their laws off their neighbor’s bodies.
All is not lost for the drug warriors. They can move to Cuba, North Korea or Iran. There they can lead a life under strict control by the government. Lets take up a collection for them to help them move so America is left for the real Americans…
Unless they want to ban alcohol and tobacco, their name is a filthy lie. Doing their best to make people think alcohol and tobacco aren’t drugs. Doing their cruel best to make sure many seriously or terminally ill patients can’t get the best available medicine. Pathetic is the world for it. And sadistic.
All is not lost for the drug warriors. They can move to Cuba, North Korea or Iran.
You’ve bought the BS on Iran, I see. I spose you’ll be burning a doobie when we bomb them to hell, like we did to Iraq?
Well, at least you didn’t include Venezuela in the equation, so you can’t be all that bad.
As far as the drug warriors go we should send them, and their prohibitionist enablers, all to afghanistan on the pretense of poppy eradication – no offense to the rational afghanies… it’s not personal – then revoke their passports. Let the ‘terrorist’ poppy growers deal with them however they see fit. That way we won’t have to foot the bill for trial and imprisonment when the war crimes trials begin… in a few years?. B.S. But beware since many are just in it for the money they’d just switch sides… then officially become terrorists kingpins themselves? A Win/Win?
Truth,Justice and the American way.The truth in this statement is that we the People of the U.S., and the World are being lied to. I know that this is strong ,but it’s true.Remember,truth is treason in the kingdom of lies.True Patriots to a cause are hard to find in these difficult times,and not one is more dedicated to our cause than Marc Emery.In a country whose primary export is war,it’s not really that hard to understand why we seem to have no heart. Marc Emery, Roman Polanski, Charles Lynch, just to name a few,must pay for their crimes,while the American government continues to commit massive crimes against it’s own people, and the people of the entire World. The poor soles in Mexico whose plight would end if only we faced the truth,and we truly practiced Justice, and not just preached it.Common sense is the foundation of all Authorities,of the laws themselves,and of their construction. Why do we so lack common sense in this world. Life Liberty & the Pursuit of Happiness.
Roman Polanski is a child molester that is for sure-`-
i thin that Roman Polanski should not only be jailed but he should be hanged *