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: 9142
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
#1. To: All (#0)
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. A government strong enough to impose your standards is strong enough to ban them.
Probably financed by big pharma.
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. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much Probably financed by big pharma. Not "probably". America's Drug Companies Are Bankrolling The Crusade Against Legal Weed As more U.S. states legalize marijuana, special interest groups that have a financial stake in the fight have been pushing back under the guise of fighting drug abuse. Last week, The Nation published an interesting look at who's driving the fight against the legalization of marijuana. Pharmaceutical companies that make billions off painkillers and police unions are two big heavy hitters in the fight against marijuana legalization. They throw their monetary support behind groups that fight legislation that would legalize pot — even medical marijuana — and lobby Congress. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much 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.
Of course. They're pissed off that they have to spend tens of millions of dollars to jump through FDA hoops to get their product to market while marijuana providers don't have to do shit. No peer-reviewed studies. No animal trials. No human trials. No reporting. Nothing about drug interactions. Nothing about dosage and frequency.
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. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much 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.”
Really had to dig for that one, didn't you? Anything from this millennium? I didn't think so. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much Why? Do you have any reason to think NORML's position has changed? Seems to me their plan to dupe the public by appealing to their sympathies is working.
Just as I thought - you got bupkis. Zero, zilch, nada. Nothing. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much I gave you plenty. A quote from the founder of NORML? What's your rebuttal? Nothing.
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". A government strong enough to impose your standards is strong enough to ban them.
Couldn't find anything from this millennium? Figures. I bet you could get all kinds of quotes from your hero, Harry Anslinger. There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others. ...the primary reason to outlaw marijuana is its effect on the degenerate races. You smoke a joint and you're likely to kill your brother. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much And Stroup still serves as NORML's legal counsel. Deckard is so easy.
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.
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? A government strong enough to impose your standards is strong enough to ban them.
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. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much I don't see any of them being forced to use it either. For many, it's their last option. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much You mean the 1999 report? That report did not support smoked marijuana.
And you got shit.
Sure it is. Ask them.
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). A government strong enough to impose your standards is strong enough to ban them.
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.
Straw man. A government strong enough to impose your standards is strong enough to ban them.
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
In some states I believe the "doctor's recommendation" for marijuana is good for life. Me? My prescription is good for only 6 months and I have to see the doctor to get it refilled.
Analogy.
He's so dumb.
Yep. Here in California, the law does not require the quack to even list a dosage. Total scam.
Kookifornia libtard bullshit. This site and LP has always had its hippie Jane Fonda loving drug loving libtard tool bags posting their libturd kookifornia GARBAGE. I'm the infidel... Allah warned you about. كافر المسلح
Total irony that California was the birthplace of the anti-smoking movement.
It would be nice if Stone required formal personal interviews with any kookifornia resident prior to posting. A vile, disgusting libtarded state.
I'm the infidel... Allah warned you about. كافر المسلح
Roscoe (#30) --- "Yep. Here in California, the law does not require the quack to even list a dosage. Total scam." Total irony that California was the birthplace of the anti-smoking movement. --- misterwhite Yep, this site, freerepublic and LP has always had its hippie Jane Fonda loving drug hating libtard tool bags posting, pretending to be conservative constitutionalists, -- their libturd kookifornia GARBAGE. Empathise on PRETENDING TO BE CONSERVATIVE...
It would be nice if Stone required formal personal interviews with any questionable so-called conservative persons prior to posting. They are vile, disgusting libtarded statists. But we all know that this is impossible. We must suffer these fools, living in a constitutional republic.
Speaking of kookifornia libtard posting garbage... Commie Sanders lover before Trump... just admit it, kookifornian. I'm the infidel... Allah warned you about. كافر المسلح
The "conservative" platform does NOT include: Legalized drugs Hatred of law enforcement or authority to enforce LAWS Elimination of search warrants and no-knock warrants with probable cause. Shut your fat kookifornian liberal pie hole. I'm the infidel... Allah warned you about. كافر المسلح
I love it when the morons have all these cute little names for california. There's a reason why housing prices are so high here, Everyone wants to live here, brokeass people like retired meter maids couldn't handle the rent.
Actually I think he's the bad spelling dickhead, my mom warned me about. Like not "taking candy from" "or getting in the van" with the crazed dork.
I don't love trump, but I truly support him, unlike you and your phony conservative pals, who think he can't win against your REAL CHOICE, Hillybutt. All drugs were legal before you clowns criminalized some a hundred years ago. Rave on, as I support constitutional laws and their enforcement. I'd love to shut you up, but you're too chickenshit to debate in a rational fashion, -- exactly like misterwhite and roscoe..
Comments (41 - 76) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/LatestIn 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.
#2. To: ConservingFreedom (#1)
war on medical marijuana
#3. To: ConservingFreedom, misterwhite, Roscoe (#1)
US Court of Appeals for the Ninth Circuit
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#4. To: U don't know me, ConservingFreedom (#2)
war on medical marijuana
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#5. To: Deckard (#3)
"The DOJ are filthy soulless scumbags."
#6. To: Deckard (#4)
"They throw their monetary support behind groups that fight legislation that would legalize pot — even medical marijuana — and lobby Congress."
#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.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#8. To: Deckard (#7)
"Man, you sure are getting a lot of mileage out of that falsehood."
-- Keith Stroup, Founder of NORML, Emory U University, February 6, 1979
#9. To: misterwhite (#8)
February 6, 1979
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#10. To: Deckard (#9)
Really had to dig for that one, didn't you?
Anything from this millennium?
#11. To: misterwhite (#10)
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#12. To: Deckard (#11)
Just as I thought - you got bupkis.
#13. To: misterwhite (#5)
the marijuana activist scumbags who use the sick and dying as pawns in their quest to legalize recreational marijuana.
#14. To: misterwhite (#12)
A quote from the founder of NORML?
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#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
#16. To: ConservingFreedom (#13)
"The sick and dying get access to a substance with known medical benefits"
#17. To: misterwhite (#16)
#18. To: Roscoe, misterwhite (#15)
And Stroup still serves as NORML's legal counsel.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#19. To: ConservingFreedom, misterwhite (#13)
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".
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#20. To: ConservingFreedom (#17)
"benefits are what the Institute of Medicine noted"
#21. To: Deckard (#18)
"You got ONE guy, from almost 40 years ago, who said..."
#22. To: Deckard (#19)
"For many, it's their last option."
#23. To: misterwhite (#20)
That report did not support smoked marijuana.
#24. To: ConservingFreedom (#23)
"It noted the benefits as I said"
#25. To: misterwhite (#24)
get you the same result.
#26. To: Deckard, misterwhite (#18)
You got ONE guy, from almost 40 years ago
#27. To: Roscoe (#26)
"They did not deal with ensuring that the product meets the standards of modern medicine: quality, safety and efficacy."
#28. To: ConservingFreedom (#25)
Straw man.
#29. To: misterwhite (#28)
#30. To: misterwhite (#27)
(Edited)
In some states I believe the "doctor's recommendation" for marijuana is good for life.
#31. To: ConservingFreedom (#0)
East Bay Express
#32. To: Roscoe (#30)
"Yep. Here in California, the law does not require the quack to even list a dosage. Total scam."
#33. To: Roscoe (#30)
#34. To: GrandIsland, misterwhite, roscoe, Y'ALL (#31)
This site and LP has always had its hippie Jane Fonda loving drug loving libtard tool bags posting their libturd kookifornia GARBAGE. ---- GrandIsland
#35. To: GrandIsland, A K A STONE, Y'ALL (#33)
It would be nice if Stone required formal personal interviews with any kookifornia resident prior to posting. A vile, disgusting libtarded state.
#36. To: tpaine (#34)
tpaine
#37. To: tpaine (#35)
Questionable conservative.
#38. To: GrandIsland (#31)
Kookifornia libtard bullshit.
#39. To: GrandIsland, tpaine (#36)
I'm the infidel... Allah warned you about. كافر المسلح
#40. To: GrandIsland, Y'ALL (#37)
Connie Sanders lover before Trump.
Legalized drugs
Hatred of law enforcement or authority to enforce LAWS --- Elimination of search warrants and no-knock warrants with probable cause.
Shut your fat kookifornian liberal pie hole.
.
.
.
[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]