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Foreign Invaders crisis cost $150B in 2023, forcing some areas to cut police and fire services: report Israel kills head of Hezbollah Intelligence. Status: Not Logged In; Sign In United States News See other United States News Articles Title: Medical Marijuana Providers Score Major Victory in Federal Court Source: East Bay Express URL Source: http://www.eastbayexpress.com/Legal ... ore-major-win-in-federal-court Published: Apr 13, 2016 Author: David Downs Post Date: 2016-04-13 14:23:11 by ConservingFreedom Keywords: None Views: 8296 Comments: 76 The federal war on legal medical marijuana providers is paused for now, thanks to a major legal victory in California. Lynnette Shaw, who is one of California’s oldest dispensary operators prevailed Wednesday in her bid to overturn a nineteen year-old civil injunction barring her from the cannabis trade for life. Shaw won using the argument that Congressional law now forbids the Department of Justice from spending a single cent interfering with state-legal medical cannabis businesses. In October, a District Judge sided with Shaw and called the government’s argument "tortured." The Department of Justice moved to appeal to the decision in March. But the DOJ could see that they were losing the appeal, so on Wednesday, US Court of Appeals for the Ninth Circuit granted the DOJ’s own motion to dismiss the case. Rather than continuing to pursue Shaw and potentially setting an even bigger legal precedent, the DOJ gave up the case. Shaw is now free to run a dispensary. Licensed dispensary operators, edibles makers, and growers in the twenty- three states with medical pot laws can breathe easier today, legal experts said. “This to me, I believe, is the end of the medical marijuana war,” Shaw said. “We are ending that war — starting now.” "It’s hard to overstate the significance of this ruling," said Alex Zavell, a California medical marijuana regulatory expert and lawyer with the Oakland law firm of Robert Raich. In 2014, the US Congress de-funded the DOJ’s war on medical marijuana through the Rohrabacher-Farr Amendment. The Amendment was renewed with even bigger Congressional support in 2015. The DOJ had hoped the courts would narrowly interpret the Amendment. They have not. "[The case] means that so long as the Rohrabacher-Farr amendment remans in effect, the Department of Justice will be barred from expending funds to target medical cannabis businesses that operate in compliance with state law," said Shaw. "This is a victory for everybody." The win is also very symbolic. Shaw’s injunction nineteen years ago was part of the first wave of federal intimidation of state-legal cannabis patients after California legalized medical marijuana in 1996. Since then, twenty-two other states have followed. Shaw ran arguably the first lawful dispensary in California, with a permit from the city of Fairfax. In 2011, as part of the most recent federal crackdown, the DOJ used the old injunction to close her dispensary, the Marin Alliance of Medical Marijuana. The DOJ threatened to seize the property of Shaw's landlord. The Obama Administration has spent hundreds of millions of dollars on similar federal interference operations in states with legal pot regimes. Governor Jerry Brown has criticized the operations of these "federal gendarmes" in California. Shaw's legal team was led by attorney Greg Anton. Anton motioned to sue the government for monetary damages related to frivolous lawsuits, if the DOJ used the same failed argument in the Ninth Circuit that it used in District Court. As the April 19th deadline to file such an argument neared, the DOJ kept stalling, and then motioned to dismiss, said Shaw. "All they had was the same argument, 'We don’t have to obey Congress. We don’t have to obey the constitution'," said Shaw. Congressman Dana Rohrabacher also leaned on the DOJ, she said. Rohrabacher sent the Inspector General evidence that the DOJ was breaking federal law in the Shaw case. "If they come after me, they can be arrested with a felony, from [Attorney General] Loretta Lynch on down," Shaw said. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 62. #1. To: All (#0) In 2014, the US Congress de-funded the DOJ’s war on medical marijuana through the Rohrabacher-Farr Amendment. The Amendment was renewed with even bigger Congressional support in 2015. The DOJ had hoped the courts would narrowly interpret the Amendment. In other words, the DOJ had hoped the courts would let them circumvent the law and the clear intent of Congress so they could continue to harass sick people. The DOJ are filthy soulless scumbags. ConservingFreedom  posted on  2016-04-13   17:03:57 ET  Reply   Untrace   Trace   Private Reply   #3. To: ConservingFreedom, misterwhite, Roscoe (#1) US Court of Appeals for the Ninth Circuit Of course, there are some Reefer Madness ideologues here (you know, the ones who vehemently deny the medical benefits of cannabis) who will claim that the Ninth Circuit Court is stacked with liberals and therefore their ruling is just another attack on America by the godless liberals. I'd like to know when compassion for the sick and dying was declared a "liberal" issue. The DOJ are filthy soulless scumbags. Agreed, and so are the politicians who vote against the medical use of marijuana, especially the hypocrites who used marijuana in their youth. Deckard  posted on  2016-04-14   8:25:07 ET  Reply   Untrace   Trace   Private Reply   #5. To: Deckard (#3) "The DOJ are filthy soulless scumbags." Not as filthy and not as soulless as the marijuana activist scumbags who use the sick and dying as pawns in their quest to legalize recreational marijuana. misterwhite  posted on  2016-04-14   8:47:34 ET  Reply   Untrace   Trace   Private Reply   #7. To: misterwhite (#5) Not as filthy and not as soulless as the marijuana activist scumbags who use the sick and dying as pawns in their quest to legalize recreational marijuana. Man, you sure are getting a lot of mileage out of that falsehood. With all due respect, your own antiquated views are no longer relevant. The days of scaring folks with your "Reefer Madness" propaganda are drawing to a close. Deckard  posted on  2016-04-14   9:06:00 ET  Reply   Untrace   Trace   Private Reply   #8. To: Deckard (#7) "Man, you sure are getting a lot of mileage out of that falsehood." Falsehood? You wish. “We are trying to get marijuana reclassified medically. If we do that, we’ll be using the issue as a red herring to give marijuana a good name.” -- Keith Stroup, Founder of NORML, Emory U University, February 6, 1979 misterwhite  posted on  2016-04-14   10:23:26 ET  Reply   Untrace   Trace   Private Reply   #15. To: misterwhite (#8) “We are trying to get marijuana reclassified medically. If we do that, we’ll be using the issue as a red herring to give marijuana a good name.” -- Keith Stroup, Founder of NORML, Emory U University, February 6, 1979 And Stroup still serves as NORML's legal counsel. Deckard is so easy. Roscoe  posted on  2016-04-14   15:06:46 ET  Reply   Untrace   Trace   Private Reply   #18. To: Roscoe, misterwhite (#15) And Stroup still serves as NORML's legal counsel. You got ONE guy, from almost 40 years ago, who said..."We are trying to get marijuana reclassified medically. If we do that, we’ll be using the issue as a red herring to give marijuana a good name.” And that's it? Talk about "grasping at straws". You Anslinger groupies are too easy. Deckard  posted on  2016-04-14   15:43:14 ET  Reply   Untrace   Trace   Private Reply   #26. To: Deckard, misterwhite (#18) You got ONE guy, from almost 40 years ago How craven. The "guy" is the founder and current legal counsel of NORML. “Organizers behind the ‘medical’ marijuana movement did not really concern themselves with marijuana as a medicine – they just saw it as a means to an end, which is the legalization of marijuana for recreational purposes. They did not deal with ensuring that the product meets the standards of modern medicine: quality, safety and efficacy. There is no standardized composition or dosage; no appropriate prescribing information; no quality control; no accountability for the product; no safety regulation: no way to measure its effectiveness (besides anecdotal stories); and no insurance coverage.” --U.S. Department of Justice, May 2014 Roscoe  posted on  2016-04-14   17:49:01 ET  Reply   Untrace   Trace   Private Reply   #42. To: Roscoe, misterwhite (#26) (Edited) How craven. The "guy" is the founder and current legal counsel of NORML. Like I said - you two idjits have ONE quote from almost 40 years ago. And that's your "proof" that there is some huge conspiracy? “Organizers behind the ‘medical’ marijuana movement did not really concern themselves with marijuana as a medicine – they just saw it as a means to an end, which is the legalization of marijuana for recreational purposes.-U.S. Department of Justice, May 2014 Nah - they'd never lie about cannabis, would they? The fact is - the government (and shills like you) have LIED about cannabis for nearly a century. Deckard  posted on  2016-04-14   20:25:55 ET  Reply   Untrace   Trace   Private Reply   #62. To: Deckard (#42) you two idjits have ONE quote Five sources on the thread so far. Versus NOTHING. Roscoe  posted on  2016-04-15   9:02:46 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 62.         There are no replies to Comment # 62. End Trace Mode for Comment # 62. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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