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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: 8400
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.
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#37. To: tpaine (#35)
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..
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. ---- calcon Yep, he's a crazed dork, at least. He's claimed to be an officer of the law.. Gawd help us all.
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. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much How craven. “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
Legalized drugs Hatred of law enforcement or authority to enforce LAWS Elimination of search warrants and no-knock warrants with probable cause. He's a complete waste of time. Never gets any better.
why is it that California became the magnet for libtards, libturds, serial killers and Paultards? Because most of you are drug lovers. AIDS came about by Mother Nature to curb drug users and fags. The San Andreas Fault was also Mother Natures answer to dysfunctional drug loving libtards... hope you can swim. lol I'm the infidel... Allah warned you about. كافر المسلح
“With all the talk about medical marijuana, I have to tell you that I also use marijuana medically (laughter),” he says. “I have a latent glaucoma, which has never been diagnosed (more laughter). And the reason why it has never been diagnosed is because I’ve been treating it (laughter)?But there is a reason why I do use it. And that is because I like to get high. (cheers, applause). Marijuana is fun.” --Ed Rosenthal “I also wanta say I like John’s (Beresford) approach to things. He’s figured out that it’s possible for me to legalize marijuana tomorrow…Rights are taken, not given. And that, what it comes to this is simply that we have to have the determination that we are going to do this and not in the by, not in the great by and by but within a finite time period. And tomorrow is none too soon…The key to it is medical access. Because, once you have hundreds of thousands of people using marijuana medically under medical supervision, the whole scam is going to be bought….So that once there’s medial access, if we continue to do what we have to do, and we will, then we’ll get medical, then we’ll get full legalization.” --Richard Cowan, former director of NORML At a 1991 N.O.R.M.L. pro-legalization conference, speaker Eric Sterling, instructing his audience on how to use “medicalization” to achieve legalization of marijuana, emphasizes to his audience (a quarter of of whom admit to being stone at the time): “Packaging is important and messages get packaged!!” --http://braha.com.br/us/quotes-from-the-drug-culture/
GI - do you ever wake up after your paranoid delusions and re-read your posts? you sound like someone that needs a straitjacket as opposed to a kup o' koffee & eclair.
As soon as kookifornia breaks off and sinks in the ocean, my statement is factual. Foad I'm the infidel... Allah warned you about. كافر المسلح
Isn't your post known as a delusion?
He claims to be a 50,000 primer owner. Whats he going to do with all that stuff? Become Rambo with belts of primers wrapped around himself?
Wiki Leak of officer GI on the job. 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 your buddies, misterwhite and roscoe.. Poor fellaheen roscoe, can't debate, so he hates.
MY, My, what an unloved little boy you must have been!!!!!
Sure it is. Ask them. Who the hell are you to presume to decide what's the best medical option for a sick or dying person? What a self-righteous, arrogant prick! In a Cop Culture, the Bill of Rights Doesn’t Amount to Much I've told the delirious, sterno-drinking sot not to post while he's drunk. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much Yet you post while retarded. lol Enjoy your new president, Donald Trump. You, Bucky and Fred can Paultard this forum up all you like... but at the end of the day... you three are a tiny minority group, and most voters don't give a F' what you think, Sonny. I'm the infidel... Allah warned you about. كافر المسلح
Nothing in your video negates the proven medical benefits of cannabis. When are you Anslinger groupies ever going to be honest? My guess is never. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much And that right there illustrates my argument. Using the sick and dying as pawns in your quest for legalization. You're pond scum. Show me the studies (not anecdotal stories) where smoked marijuana provides relief where an FDA- approved medicine cannot. Don't bother looking. You can't.
He lied, then he doubled down when exposed. Totally predictable.
Five sources on the thread so far. Versus NOTHING.
I'm not surprised. It wasn't meant to. It was meant to illustrate the "medical" marijuana scam, whereby proponents use the sick and dying as pawns in their scheme to legalize pot.
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.
A government strong enough to impose your standards is strong enough to ban them.
What factual claims are you disputing? Any of the following? 'In October, a District Judge sided with Shaw and called the government’s argument "tortured."' '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.' A government strong enough to impose your standards is strong enough to ban them.
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.
And that right there illustrates my argument. Using the sick and dying as pawns in your quest for legalization. You're pond scum. Actually it illustrates my point. You would deny a sick patient who has exhausted all other optinons to make THEIR OWN decisions as to what is the best course of treatment for themselves, or in the case of parents, what medicine works best for their child. You're a fascist who believes that the government owns our bodies. I've posted numerous stories where cannabis has been used with success when your pharma drugs don't But you have such a fetish for authority, you won't accept the documented facts simply because the FDA tells you so. Show me the studies (not anecdotal stories) where smoked marijuana provides relief where an FDA- approved medicine cannot. And now we see your real agenda. paulsen, you are a shill (or a lawyer) for Big Pharma. And you still can't seem to comprehend the fact that smoking marijuana is not the only way to ingest cannabis. Fucking assclown. There's no other explanation for your refusal to admit that cannabis has helped tens of thousands of sick and dying people. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much Quote one. A government strong enough to impose your standards is strong enough to ban them.
Hey! We can bring back the elixirs, too. Cures baldness, acne and cancer! We have a process for medicine in the U.S. It's called thr FDA. Get marijuana approved and I'll support it. "I've posted numerous stories where cannabis has been used with success" Yep. Stories is what they are. What they're not is scientific evidence.
What would that prove, other than you know how to waste my time?
What?! Perpetual motion machine stories aren't science?
That you're not pulling your "facts" out of your ass. A government strong enough to impose your standards is strong enough to ban them.
Did you wash your hand after pulling that "fact" out of your ass?
Of course I can't prove a negative so I shouldn't assert one - my bad. Make that 'there is no evidence on the table for anyone claiming that marijuana will get its user "the same result" medically as an extraction of standardized composition.'
A government strong enough to impose your standards is strong enough to ban them.
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. A government strong enough to impose your standards is strong enough to ban them.
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.
#41. To: calcon, Y'ALL (#39)
Speaking of kookifornia libtard posting garbage... Commie Sanders lover before Trump... just admit it, kookifornian. --- GrandIsland
#42. To: Roscoe, misterwhite (#26)
(Edited)
How craven. The "guy" is the founder and current legal counsel 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
#43. To: Deckard (#42)
#44. To: GrandIsland (#37)
The "conservative" platform does NOT include:
#45. To: calcon (#39)
(Edited)
#46. 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
#47. To: GrandIsland, calcon (#45)
AIDS came about by Mother Nature to curb drug users and fags. The San Andreas Fault was also Mother Natures answer to dysfunctional drug loving libtards... hope you can swim.
#48. To: buckeroo (#47)
GI - do you ever wake up after your paranoid delusions and re-read your posts? you sound like someone that needs a straitjacket as opposed to a kup o' koffee & eclair.
#49. To: GrandIsland (#48)
As soon as kookifornia breaks off and sinks in the ocean, my statement is factual. Foad
#50. To: buckeroo (#49)
#51. To: Fred Mertz (#50)
#52. To: Fred Mertz, buckeroo (#50)
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
#53. To: Roscoe, Y'ALL (#44)
Gland island -- 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.
roscole ---He's a complete waste of time. Never gets any better.
#54. To: GrandIsland (#45)
AIDS came about by Mother Nature to curb drug users and fags. The San Andreas Fault was also Mother Natures answer to dysfunctional drug loving libtards... hope you can swim.
#55. To: misterwhite (#22)
"For many, it's their last option."
“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
#56. To: GrandIsland (#48)
GI - do you ever wake up after your paranoid delusions and re-read your posts?
“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
#57. To: Deckard (#56)
I've told the delirious, sterno-drinking sot not to post while he's drunk.
#58. To: Roscoe (#46)
#59. To: misterwhite (#58)
“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
#60. To: Deckard (#55)
"Who the hell are you to presume to decide what's the best medical option for a sick or dying person?"
#61. To: misterwhite (#60)
Using the sick and dying as pawns in your quest for legalization.
#62. To: Deckard (#42)
you two idjits have ONE quote
#63. To: Deckard (#59)
"Nothing in your video negates the proven medical benefits of cannabis."
#64. To: misterwhite (#28)
#65. To: GrandIsland (#31)
Kookifornia libtard bullshit.
#66. To: ConservingFreedom (#64)
"Nobody claims that marijuana will get its user "the same result" medically as an extraction of standardized composition."
#67. To: misterwhite (#60)
"Who the hell are you to presume to decide what's the best medical option for a sick or dying person?"
“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
#68. To: misterwhite (#66)
Every doper who signed up for medical marijuana will make that claim.
#69. To: Deckard (#67)
"You would deny a sick patient who has exhausted all other optinons to make THEIR OWN decisions as to what is the best course of treatment for themselves, or in the case of parents, what medicine works best for their child."
#70. To: ConservingFreedom (#68)
Quote one.
#71. To: misterwhite (#69)
Stories is what they are. What they're not is scientific evidence.
#72. To: misterwhite (#70)
What would that prove
#73. To: ConservingFreedom (#72)
Nobody claims that marijuana will get its user "the same result" medically as an extraction of standardized composition.
#74. To: Roscoe (#73)
#75. To: ConservingFreedom (#72)
"That you're not pulling your "facts" out of your ass."
#76. To: misterwhite (#75)
By quoting one doper?
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