Judge rules in FAVOR of Cali's laws, 10th Amendment violated by Bush

Moldy

Well-Known Member
Court Tells Feds They Violated the 10th Amendment
The battle for medical marijuana usage in California took a turn for the people recently when a US District Judge ruled that the 10th Amendment of the U.S. Constitution bars the federal government from targeting the enforcement of federal laws to intentionally subvert state medical marijuana laws.

California's landmark 1996 medical marijuana law has been upheld by U.S. District Court Judge Jeremy Fogel, thus denying a Bush administration request to dismiss a lawsuit by Santa Cruz city and county officials and the Wo/Mens Alliance for Medical Marijuana (WAMM) ,against them.

The ruling is the first of it's kind. It's also the first time a court recognized that a concerted effort by the federal government to sabotage state medical marijuana laws violates the U.S. Constitution.

This ruling is important because it recognizes the constitutional significance of the fact that the federal government has gone out of it's way to arrest and prosecute some of the most legitimate doctors, patients, caregivers, and dispensary owners that have been working with state and local officials.

One example is WAMM. The organization is widely recognized as a model medical marijuana patients collective, and has been fully supported by the City and County of Santa Cruz, and has been functioning smoothly in strict compliance with city and county ordinances and California state law.

The city even allowed WAMM to hold regular meetings to distribute marijuana to it's members on the steps of City Hall. The non-profit organization has been operating now for 15 years.

The feds were taken to task by the ACLU who filed the lawsuit to stop them for targeting medical marijuana providers and patients. The Bush administration wanted to sue city and county officials in Santa Cruz, along with WAMM.

The judge tossed out their lawsuit, and said that the U.S.Attorney General Michael Mukasey, DEA agents involved in the raid of WAMM, and administrators of the DEA and Office of National Drug Control Policy violated the U.S.Constitution.

He noted that these agencies were threatening physicians who recommended marijuana. He also said that they threatened government officials who issue medical marijuana identification cards, and interfered with municipal zoning plans.

The judge also ruled that there was a calculated pattern of selective arrest and prosecutions by the federal government with the intent to render, "California's medical marijuana laws impossible to implement and therefore forced Californian's and their political subdivisions to re- criminalize medical marijuana.

With the judges ruling we now have a potential breakthrough on the war against medical marijuana. It was a wise decision because the marijuana brings the state about $100 million each year in tax revenue, and it is finally saying that Californian's will get their wish's carried out after 12 years of illegal warfare.

There's no doubt it's a setback for Bush and his cronies, who have been so happily violating Californian's pot law since it was passed by a majority of voters. Wamm is now clear to file suit against the feds who raided them back in 2002.

California's top law dog, Jerry Brown passed out new medical marijuana guidelines recently that say even the feds are supposed to honor them. I'll take a wait-and-see approach, but this is still good news.
As It Stands, with the Bush regime fading away we can only hope that whoever takes office will allow Californians their liberty and their laws.
 

MrFishy

Well-Known Member
"The judge tossed out their lawsuit, and said that the U.S.Attorney General Michael Mukasey, DEA agents involved in the raid of WAMM, and administrators of the DEA and Office of National Drug Control Policy violated the U.S.Constitution."

Yeeee-haw!
 

ElBarto

Well-Known Member
The powers not delegated to
the United States by the Constitution,
nor prohibited by it to the States,
are reserved to the States respectively,
or to the people.​

(So go fuck yourselves you jack-booted fascist bastards)
 

Thraxz13

Well-Known Member
Twenty years ago today, the Drug Enforcement Administration's chief administrative law judge issued a landmark ruling on marijuana — but our government has ignored this historic decision since the day it was issued.

"Marijuana, in its natural form, is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within a supervised routine of medical care ... The evidence in this record clearly shows that marijuana has been accepted as capable of relieving the distress of great numbers of very ill people, and doing so with safety under medical supervision. It would be unreasonable, arbitrary and capricious for DEA to continue to stand between those sufferers and the benefits of this substance in light of the evidence in this record."
— DEA Administrative Law Judge Francis L. Young, September 6, 1988

Judge Young had just finished holding extensive hearings, in response to a petition asking for marijuana to be moved from Schedule I of the federal Controlled Substances Act, which bars medical use, to a lower schedule that would permit physician prescriptions. He heard from an array of expert witnesses, generating thousands of pages of documentation.

Young — the chief administrative law judge in the top federal agency responsible for enforcing our drug laws — laid out his findings in a detailed, 69-page ruling, walking readers through the scientific evidence in detail. He concluded that the law didn't just permit moving marijuana to Schedule II, but required it.

The response? Six years after top DEA officials rejected Judge Young's recommendation, the U.S. Court of Appeals for the D.C. Circuit ruled that the agency did had the right to ignore its own administrative law judge.

And as a result, seriously ill medical marijuana patients continue to be arrested, terrorized, and even have their children taken away — cancer patients living in fear of arrest for using marijuana to quell their nausea and help them keep food down ... AIDS patients using medical marijuana to ease the pain and nausea that too often are side effects of the drugs that keep them alive, terrified of losing their homes if caught ... tens of thousands of people turned into criminals simply for following their own doctors' advice.




Above is from an article I read and Pasted and Below Is all me!!



The Fed makes up their own Laws as they go, Their own Chiefs recognize the many uses of Cannabis Hemp as a Medicine, But for 20 years have refused to listen and "Change"..There has to be Congressional hearings on this, also their has to be a Ballot put on the Card at a National level!!
Just my two since:I am a patient and have a Private small Collective, I have some seriously ill patients,as well as people that just hurt. Why should any one of us or anywhere else have to be forced to turn to pharmaceuticals, or suffer? The Baby boomers are the ones who want that, We want our Cannabis as our DR.s Recommended Medicine, We do have certain inalienable rights, to Pursue freedom and happiness without our Government holding us down and crushing our will !!!!!!
At what point does the will of the People override the injustices done by their Government? Whats greener and grows bigger or has more photosynthesis occurring in it then Cannabis Hemp ( Green House effect= Killing us and the Planet) ? To me the War on Drugs is a war on Man, the planet, and GOD (Genesis Ch 1 verses 27-31, talk about the tree of life)!!
So if you care and do want to make a difference in your life and others Educate yourself, then someone else.Talk to to those you come in contact with about the positive effects that Cannabis hemp can have on the Environment and the Future for the generations to come!!
 

Fman

Well-Known Member
A friend of mine told me he saw a piece on tv that stated the L.A. Mayor was going to help the feds, bust clinics that are clearly NOT non-profitable. Anybody know anything about that . The feds will never give up.
 

ta2drvn

Well-Known Member
Don't know about the mayor, but Jerry Brown (CA Attorney General) has moved his offices position on the subject from a 'hands off' stand point when it comes to MMJ and those that distribute it, to a regulate and enforcement of state laws stance.

This is good and bad news:

Good, because it does open the way for those that do and can comply with state laws. Because now, local attorneys will have more ammo to fight 'state' criminal cases. His opinion also clearly stated that 'storefronts' are allowed, this will help in zoning battles with cities that have placed moratoriums on 'dispensaries' due to gray areas of laws. It will also help clean up the image that prohibitionists continue to try to tarnish, it will remove SOME of the profiteer's and those that try to subvert these new laws instead of trying to work within them.

Bad, because now there will inevitably be major mistakes and miscarriages of justice because of the callous attitude of some enforcement officers misuse of 'officers judgement' that is allowed for.

Also it re-enforces limits that some feel are too restrictive; especially for those employee's of a legit collective that are caring for several patients and need more on hand to help these patients. The AG's opinion stated in this matter that if more than 8 oz's are found, EVEN if there is proof that the individual is within CA law, the officer has the digression to confiscate ALL medicine and basically let a judge decide the validity of the individuals legality and return of medicine if found so. This could easily disrupt patients treatment for an extended period of time!
 

Thraxz13

Well-Known Member
Great and valid points!! We as patients and human beings just need to stand up and just say"NO"!! We have the right to certain inalienable rights!! We just need to have a united front, there are to many separate entities..
With the technology and information out there, We can and someday will make a change for the better or we will all keep suffering!! "True Environmental Freedom" comes from us standing up for the life of a defenseless planet and for the generations that are still yet to come!!

Jesus saved us, Lincoln Freed us, and Cannabis Hemp can fix it all!! Just one mans opinion!!
 
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