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 Californias 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 governments 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 DOJs 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.
"Its 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 DOJs 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. Shaws 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 dont have to obey Congress. We dont 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.
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 |
#1: ConservingFreedom 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.
ConservingFreedom posted on 2016-04-13 17:03:57 Reply Private Reply
#2: U don't know me To: ConservingFreedom (#1)
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)
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)
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)
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)
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)
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)
Falsehood? You wish.
We are trying to get marijuana reclassified medically. If we do that, well 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)
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)
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)
Zero, zilch, nada.
Nothing.
Deckard posted on 2016-04-14 11:01:39 Reply Private Reply
#12: misterwhite To: Deckard (#11)
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 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)
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)
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)
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)
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).
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)
You got ONE guy, from almost 40 years ago, who said..."We are trying to get marijuana reclassified medically. If we do that, well 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)
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)
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)
And you got shit.
misterwhite posted on 2016-04-14 15:59:14 Reply Private Reply
#22: misterwhite To: Deckard (#19)
Sure it is. Ask them.
misterwhite posted on 2016-04-14 16:00:11 Reply Private Reply
#23: ConservingFreedom To: misterwhite (#20)
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)
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)
Straw man.
ConservingFreedom posted on 2016-04-14 17:17:49 Reply Private Reply
#26: Roscoe To: Deckard, misterwhite (#18)
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)
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)
Analogy.
misterwhite posted on 2016-04-14 18:34:01 Reply Private Reply
#29: Roscoe To: misterwhite (#28)
Roscoe posted on 2016-04-14 18:43:25 Reply Private Reply
#30: Roscoe To: misterwhite (#27)
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)
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)
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)
GrandIsland posted on 2016-04-14 18:58:48 Reply Private Reply
#34: tpaine To: GrandIsland, misterwhite, roscoe, Y'ALL (#31)
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 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)
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)
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)
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)
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)
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..
tpaine posted on 2016-04-14 20:06:25 Reply Private Reply
#41: tpaine To: calcon, Y'ALL (#39)
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)
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)
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)
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)
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)
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 Ive 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 Johns (Beresford) approach to things. Hes figured out that its 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 theres medial access, if we continue to do what we have to do, and we will, then well get medical, then well 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)
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)
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)
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