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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: 8327 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 # 75. #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   #13. To: misterwhite (#5) the marijuana activist scumbags who use the sick and dying as pawns in their quest to legalize recreational marijuana. The sick and dying get access to a substance with known medical benefits that they otherwise would be denied - I don't hear them complaining about thus being "used". ConservingFreedom  posted on  2016-04-14   11:56:46 ET  Reply   Untrace   Trace   Private Reply   #16. To: ConservingFreedom (#13) "The sick and dying get access to a substance with known medical benefits" Smoked marijuana has no medical use in the U.S. "I don't hear them complaining about thus being "used". Complaining? More like laughing their asses off because they're neither sick nor dying. As you well know. misterwhite  posted on  2016-04-14   15:24:54 ET  Reply   Untrace   Trace   Private Reply   #17. To: misterwhite (#16) The sick and dying get access to a substance with known medical benefits Smoked marijuana has no medical use in the U.S. Move those goalposts. Use is what the DEA schedule forbids - benefits are what the Institute of Medicine noted (along with, as is the case for most if not all medicines, some detrimental side effects). laughing their asses off because they're neither sick nor dying. We're talking about the people YOU introduced to the discussion in post #5 and identified as "sick and dying". Something interfering with your short term memory? ConservingFreedom  posted on  2016-04-14   15:40:32 ET  Reply   Untrace   Trace   Private Reply   #20. To: ConservingFreedom (#17) "benefits are what the Institute of Medicine noted" You mean the 1999 report? That report did not support smoked marijuana. misterwhite  posted on  2016-04-14   15:58:11 ET  Reply   Untrace   Trace   Private Reply   #23. To: misterwhite (#20) That report did not support smoked marijuana. It noted the benefits as I said, although its ultimate recommendation was against its use except for some terminal patients (if held hostage to a research level of record-keeping). ConservingFreedom  posted on  2016-04-14   16:03:07 ET  Reply   Untrace   Trace   Private Reply   #24. To: ConservingFreedom (#23) "It noted the benefits as I said" The possible benefits of the cannabinoids in marijuana. Gasoline may contain chemical compounds that are medically beneficial. Doesn't mean drinking gasoline will get you the same result. misterwhite  posted on  2016-04-14   16:22:27 ET  Reply   Untrace   Trace   Private Reply   #25. To: misterwhite (#24) get you the same result. Straw man. ConservingFreedom  posted on  2016-04-14   17:17:49 ET  Reply   Untrace   Trace   Private Reply   #28. To: ConservingFreedom (#25) Straw man. Analogy. misterwhite  posted on  2016-04-14   18:34:01 ET  Reply   Untrace   Trace   Private Reply   #64. To: misterwhite (#28) Gasoline to marijuana was the analogy, which is fine - "get you the same result" is a straw man. Nobody claims that marijuana will get its user "the same result" medically as an extraction of standardized composition. ConservingFreedom  posted on  2016-04-15   12:54:37 ET  Reply   Untrace   Trace   Private Reply   #66. To: ConservingFreedom (#64) "Nobody claims that marijuana will get its user "the same result" medically as an extraction of standardized composition." Every doper who signed up for medical marijuana will make that claim. They're not calling for the legalization of "medical" marijuana so they can take a pill. misterwhite  posted on  2016-04-15   14:00:05 ET  Reply   Untrace   Trace   Private Reply   #68. To: misterwhite (#66) Every doper who signed up for medical marijuana will make that claim. Quote one. ConservingFreedom  posted on  2016-04-15   14:10:37 ET  Reply   Untrace   Trace   Private Reply   #70. To: ConservingFreedom (#68) Quote one. What would that prove, other than you know how to waste my time? misterwhite  posted on  2016-04-15   14:38:19 ET  Reply   Untrace   Trace   Private Reply   #72. To: misterwhite (#70) What would that prove That you're not pulling your "facts" out of your ass. ConservingFreedom  posted on  2016-04-15   15:43:57 ET  Reply   Untrace   Trace   Private Reply   #75. To: ConservingFreedom (#72) "That you're not pulling your "facts" out of your ass." By quoting one doper? misterwhite  posted on  2016-04-15   16:51:57 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 75. #76. To: misterwhite (#75) By quoting one doper? Quote as many as you think suffices to establish your claim that 'Every doper who signed up for medical marijuana will make that claim [that marijuana will get its user "the same result" medically as an extraction of standardized composition].' So far your claim has precisely nada for supporting evidence. ConservingFreedom  posted on  2016-04-15 17:11:15 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 75. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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