Medical Marijuana Providers Score Major Victory in Federal Court

Source: East Bay Express
Published: Apr 13, 2016
Author: David Downs
Post Date: 2016-04-13 14:23:11 by ConservingFreedom
Views: 12062

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

#1: ConservingFreedom    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   Reply   Private Reply


#2: U don't know me    To: ConservingFreedom (#1)

war on medical marijuana

Probably financed by big pharma.

U don't know me posted on 2016-04-13 22:30:54   Reply   Private Reply


#3: Deckard    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 08:25:07   Reply   Private Reply


#4: Deckard    To: U don't know me, ConservingFreedom (#2)

war on medical marijuana

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.

Deckard posted on 2016-04-14 08:29:12   Reply   Private Reply


#5: misterwhite    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 08:47:34   Reply   Private Reply


#6: misterwhite    To: Deckard (#4)

"They throw their monetary support behind groups that fight legislation that would legalize pot — even medical marijuana — and lobby Congress."

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.

misterwhite posted on 2016-04-14 08:53:20   Reply   Private Reply


#7: Deckard    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 09:06:00   Reply   Private Reply


#8: misterwhite    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   Reply   Private Reply


#9: Deckard    To: misterwhite (#8)

February 6, 1979

Really had to dig for that one, didn't you?

Anything from this millennium?

I didn't think so.

Deckard posted on 2016-04-14 10:39:28   Reply   Private Reply


#10: misterwhite    To: Deckard (#9)

Really had to dig for that one, didn't you?
Anything from this millennium?

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.

misterwhite posted on 2016-04-14 10:58:23   Reply   Private Reply


#11: Deckard    To: misterwhite (#10)

Just as I thought - you got bupkis.

Zero, zilch, nada.

Nothing.

Deckard posted on 2016-04-14 11:01:39   Reply   Private Reply


#12: misterwhite    To: Deckard (#11)

Just as I thought - you got bupkis.

I gave you plenty. A quote from the founder of NORML?

What's your rebuttal? Nothing.

misterwhite posted on 2016-04-14 11:13:35   Reply   Private Reply


#13: ConservingFreedom    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   Reply   Private Reply


#14: Deckard    To: misterwhite (#12)

A quote from the founder of NORML?

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.

Deckard posted on 2016-04-14 13:55:23   Reply   Private Reply


#15: Roscoe    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   Reply   Private Reply


#16: misterwhite    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   Reply   Private Reply


#17: ConservingFreedom    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   Reply   Private Reply


#18: Deckard    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   Reply   Private Reply


#19: Deckard    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".

I don't see any of them being forced to use it either.

For many, it's their last option.

Deckard posted on 2016-04-14 15:44:39   Reply   Private Reply


#20: misterwhite    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   Reply   Private Reply


#21: misterwhite    To: Deckard (#18)

"You got ONE guy, from almost 40 years ago, who said..."

And you got shit.

misterwhite posted on 2016-04-14 15:59:14   Reply   Private Reply


#22: misterwhite    To: Deckard (#19)

"For many, it's their last option."

Sure it is. Ask them.

misterwhite posted on 2016-04-14 16:00:11   Reply   Private Reply


#23: ConservingFreedom    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   Reply   Private Reply


#24: misterwhite    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   Reply   Private Reply


#25: ConservingFreedom    To: misterwhite (#24)

get you the same result.

Straw man.

ConservingFreedom posted on 2016-04-14 17:17:49   Reply   Private Reply


#26: Roscoe    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   Reply   Private Reply


#27: misterwhite    To: Roscoe (#26)

"They did not deal with ensuring that the product meets the standards of modern medicine: quality, safety and efficacy."

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.

misterwhite posted on 2016-04-14 18:32:38   Reply   Private Reply


#28: misterwhite    To: ConservingFreedom (#25)

Straw man.

Analogy.

misterwhite posted on 2016-04-14 18:34:01   Reply   Private Reply


#29: Roscoe    To: misterwhite (#28)

He's so dumb.

Roscoe posted on 2016-04-14 18:43:25   Reply   Private Reply


#30: Roscoe    To: misterwhite (#27)

In some states I believe the "doctor's recommendation" for marijuana is good for life.

Yep. Here in California, the law does not require the quack to even list a dosage. Total scam.

Roscoe posted on 2016-04-14 18:48:06   Reply   Private Reply


#31: GrandIsland    To: ConservingFreedom (#0)

East Bay Express

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.

GrandIsland posted on 2016-04-14 18:56:00   Reply   Private Reply


#32: misterwhite    To: 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 posted on 2016-04-14 18:57:10   Reply   Private Reply


#33: GrandIsland    To: Roscoe (#30)

It would be nice if Stone required formal personal interviews with any kookifornia resident prior to posting. A vile, disgusting libtarded state.

GrandIsland posted on 2016-04-14 18:58:48   Reply   Private Reply


#34: tpaine    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

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...

tpaine posted on 2016-04-14 19:26:47   Reply   Private Reply


#35: tpaine    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.

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.

tpaine posted on 2016-04-14 19:36:33   Reply   Private Reply


#36: GrandIsland    To: tpaine (#34)

tpaine

Speaking of kookifornia libtard posting garbage...

Commie Sanders lover before Trump... just admit it, kookifornian.

GrandIsland posted on 2016-04-14 19:37:20   Reply   Private Reply


#37: GrandIsland    To: tpaine (#35)

Questionable conservative.

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.

GrandIsland posted on 2016-04-14 19:43:48   Reply   Private Reply


#38: calcon    To: GrandIsland (#31)

Kookifornia libtard bullshit.

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.

calcon posted on 2016-04-14 19:46:59   Reply   Private Reply


#39: calcon    To: GrandIsland, tpaine (#36)

I'm the infidel... Allah warned you about. كافر المسلح

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 posted on 2016-04-14 19:52:53   Reply   Private Reply


#40: tpaine    To: GrandIsland, Y'ALL (#37)

Connie Sanders lover before Trump.

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.

Legalized drugs

All drugs were legal before you clowns criminalized some a hundred years ago.

Hatred of law enforcement or authority to enforce LAWS --- Elimination of search warrants and no-knock warrants with probable cause.

Rave on, as I support constitutional laws and their enforcement.

Shut your fat kookifornian liberal pie hole.

I'd love to shut you up, but you're too chickenshit to debate in a rational fashion, -- exactly like misterwhite and roscoe..

tpaine posted on 2016-04-14 20:06:25   Reply   Private Reply


#41: tpaine    To: calcon, Y'ALL (#39)

Speaking of kookifornia libtard posting garbage... Commie Sanders lover before Trump... just admit it, kookifornian. --- GrandIsland

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.

tpaine posted on 2016-04-14 20:24:32   Reply   Private Reply


#42: Deckard    To: Roscoe, misterwhite (#26)

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   Reply   Private Reply


#43: Roscoe    To: Deckard (#42)

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

Roscoe posted on 2016-04-14 21:01:46   Reply   Private Reply


#44: Roscoe    To: GrandIsland (#37)

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.

He's a complete waste of time. Never gets any better.

Roscoe posted on 2016-04-14 21:04:12   Reply   Private Reply


#45: GrandIsland    To: calcon (#39)

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

GrandIsland posted on 2016-04-14 21:15:15   Reply   Private Reply


#46: Roscoe    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

“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/

Roscoe posted on 2016-04-14 21:20:26   Reply   Private Reply


#47: buckeroo    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.

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.

buckeroo posted on 2016-04-14 21:46:12   Reply   Private Reply


#48: GrandIsland    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.

As soon as kookifornia breaks off and sinks in the ocean, my statement is factual. Foad

GrandIsland posted on 2016-04-14 21:58:01   Reply   Private Reply


#49: buckeroo    To: GrandIsland (#48)

As soon as kookifornia breaks off and sinks in the ocean, my statement is factual. Foad

Isn't your post known as a delusion?

buckeroo posted on 2016-04-14 22:02:38   Reply   Private Reply


#50: Fred Mertz    To: buckeroo (#49)

Fred Mertz posted on 2016-04-14 22:05:36   Reply   Private Reply