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Segami

(14,923 posts)
Thu Aug 29, 2013, 02:12 PM Aug 2013

BREAKING! - DOJ SURRENDERS ON LEGAL WEED





Eric Holder Says DOJ Will Let Washington, Colorado Marijuana Laws Go Into Effect




WASHINGTON -- The United States government took a historic step back from its long-running drug war on Thursday, when Attorney General Eric Holder informed the governors of Washington and Colorado that the Department of Justice would allow the states to create a regime that would regulate and implement the ballot initiatives that legalized the use of marijuana for adults. A Justice Department official said that Holder told the governors in a joint phone call early Thursday afternoon that the department would take a "trust but verify approach" to the state laws. DOJ is reserving its right to file a preemption lawsuit at a later date, since the states' regulation of marijuana is illegal under the Controlled Substances Act.


Deputy Attorney General James Cole also issued a three-and-a-half page memo to U.S. attorneys across the country. "The Department's guidance in this memorandum rests on its expectation that states and local governments that have enacted laws authorizing marijuana-related conduct will implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health and other law enforcement interests," it reads. "A system adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in practice." The memo also outlines eight priorities for federal prosecutors enforcing marijuana laws. According to the guidance, DOJ will still prosecute individuals or entities to prevent:



the distribution of marijuana to minors;
revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels;
the diversion of marijuana from states where it is legal under state law in some form to other states;
state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
violence and the use of firearms in the cultivation and distribution of marijuana
drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands;
preventing marijuana possession or use on federal property.




The eight high-priority areas leave prosecutors bent on targeting marijuana businesses with a fair amount of leeway, especially the exception for "adverse public health consequences." And prosecutors have shown a willingness to aggressively interpret DOJ guidance in the past, as the many medical marijuana dispensary owners now behind bars can attest. U.S. Attorneys will individually be responsible for interpreting the guidelines and how they apply to a case they intend to prosecute. A Justice Department official said, for example, that a U.S Attorney could go after marijuana distributors who used cartoon characters in their marketing because that could be interpreted as attempting to distribute marijuana to minors.



cont'


http://www.huffingtonpost.com/2013/08/29/eric-holder-marijuana-washington-colorado-doj_n_3837034.html
156 replies = new reply since forum marked as read
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BREAKING! - DOJ SURRENDERS ON LEGAL WEED (Original Post) Segami Aug 2013 OP
neat dionysus Aug 2013 #1
The DOJ didn't have a legal leg to stand on Warpy Aug 2013 #2
I saw that! Iggo Aug 2013 #24
Same here! Segami Aug 2013 #25
Damn straight. Warren DeMontague Aug 2013 #85
Actually they did (have a legal leg) Ms. Toad Aug 2013 #130
All antidrug law is still based on tax law Warpy Aug 2013 #150
No. Ms. Toad Aug 2013 #156
This is a small, but very pivotal and important step. FINALLY, some sanity is prevailing. CaliforniaPeggy Aug 2013 #3
Do you get the impression they're throwing bones to cut the edge off the criticism about the war? Baitball Blogger Aug 2013 #7
I really think this is unrelated. CaliforniaPeggy Aug 2013 #9
Agreed, but I'd still bet the order came from on high. Lizzie Poppet Aug 2013 #46
Did the order come "from on high" Art_from_Ark Aug 2013 #100
Ba-dum...tish! Lizzie Poppet Aug 2013 #101
Maybe both. nt awoke_in_2003 Aug 2013 #115
Tin hat moment here. vaberella Aug 2013 #19
I think they got a new dog to distract from NSA. When that didn't work, it became war. magical thyme Aug 2013 #21
"Waiting for the right moment." Baitball Blogger Aug 2013 #23
exactly. they have a bag of bones they can throw us as needed when the heat is on. magical thyme Aug 2013 #26
Oh, FFS CakeGrrl Aug 2013 #28
YUP ... after all the screaming about this topic ... this will be a non-event. JoePhilly Aug 2013 #44
Oh, heavens, that sounds terrible Warren DeMontague Aug 2013 #86
I think it is fine to let states decide bhikkhu Aug 2013 #118
That's exactly it right there. NYC Liberal Aug 2013 #48
Save your breath, Cake Grrl.. they have Cha Aug 2013 #65
+1000% Isoldeblue Aug 2013 #74
between the nsa fall out and the new war thingy questionseverything Aug 2013 #50
Good observation. Baitball Blogger Aug 2013 #54
I get the impression they are throwing in the towel, backing away from the floodgates bhikkhu Aug 2013 #117
VERY pivotal & important first step! Segami Aug 2013 #18
High time the DOJ let some sanity prevail! chimpymustgo Aug 2013 #39
Yeah - imagine that! Plucketeer Aug 2013 #69
So... we can now grow a plant for our personal use on our own land? mainer Aug 2013 #4
More important... Jeff In Milwaukee Aug 2013 #10
My question as well LearningCurve Aug 2013 #41
No, not with this. Obama could use his commutation/pardon powers... Comrade Grumpy Aug 2013 #63
Perhaps we should all encourage him to take that step to pardon. Left Coast2020 Aug 2013 #120
If he pardons anyone he will pardon Bush and the Iraq War gang. Just sayin. nm rhett o rick Aug 2013 #129
Wow, that sounds kinda like... FREEDOM! Blue Owl Aug 2013 #37
Not unless it's legal in your state. WCLinolVir Aug 2013 #59
No, not unless it is legal to do so under state law in your state. Comrade Grumpy Aug 2013 #60
Unrelated, I'm sure... Jeff In Milwaukee Aug 2013 #5
BWHAAAAAAA. Segami Aug 2013 #6
so many positive ripples will spread out from this one thing KittyWampus Aug 2013 #8
A great big kudos to the AG and President. mick063 Aug 2013 #11
..to be celebrated this weekend during Seattle antiwar protest leftstreet Aug 2013 #12
Prohibition is a failed public policy...again. nt TeamPooka Aug 2013 #13
DOJ policy may only last until the next presidential election. Mr.Bill Aug 2013 #14
Definitely an election issue. Segami Aug 2013 #15
That is correct. This is a shift in policy, not a change in law. Comrade Grumpy Aug 2013 #64
2014, after the mid-terms. tridim Aug 2013 #89
I hope so. Mr.Bill Aug 2013 #90
It's not happening in CA because of the corrupt MMJ industry. tridim Aug 2013 #91
You really think there will be no corruption Mr.Bill Aug 2013 #92
Of course there will be corruption. tridim Aug 2013 #95
I wish you would quit slandering the good people involved in medical marijuana in CA. Comrade Grumpy Aug 2013 #146
There are MANY good people in the MMJ industry. tridim Aug 2013 #147
For some people, it's about making money. But that is the American way. Comrade Grumpy Aug 2013 #149
The corruption is not just about making money, it's about making money illegally. tridim Aug 2013 #152
Sorry, but this is a lie RainDog Aug 2013 #154
You keep saying that shit. Explain BPG. Explain Northstone Organics. Explain MAMM. Comrade Grumpy Aug 2013 #155
Whoohoo for a moment of sanity,. lark Aug 2013 #16
Does that pronouncement extend to the DEA as well as DOJ? nt 99th_Monkey Aug 2013 #17
The DEA is an agency of the DOJ jberryhill Aug 2013 #29
Somrtimes it seems that the reverse is true-- Jackpine Radical Aug 2013 #32
Thank you. 99th_Monkey Aug 2013 #33
"Okay, if you don't screw it up we'll let you handle it." Buns_of_Fire Aug 2013 #20
Good libodem Aug 2013 #22
Wow! An actual progressive policy from this administration! villager Aug 2013 #27
He said "joint phone call." Blue_In_AK Aug 2013 #30
Ba da Jackpine Radical Aug 2013 #35
Kicked and recommended. Uncle Joe Aug 2013 #31
Way tooo little, way toooo late for so many that have been incarcerated MindMover Aug 2013 #34
It's a trick. Enthusiast Aug 2013 #36
Good news madokie Aug 2013 #38
hell to the yeah. nashville_brook Aug 2013 #40
Will companies in those states still be able to drug test for marijuana? ZombieHorde Aug 2013 #42
Yes leftstreet Aug 2013 #47
That is pretty lame. Still, this decision by the DOJ is step in the right direction. nt ZombieHorde Aug 2013 #70
You need your union to fight the companies on this. Comrade Grumpy Aug 2013 #81
Yup, and insurance (multiple types) will still be affected Spike89 Aug 2013 #93
Intresting Robbins Aug 2013 #43
I hope so! DemocraticWing Aug 2013 #105
I pray that yesphan Aug 2013 #45
Print his mug on rolling papers... Segami Aug 2013 #52
US Legality Is Just A Matter Of Time colsohlibgal Aug 2013 #49
My thinking exactly! Just Saying Aug 2013 #56
K&R! n/t RKP5637 Aug 2013 #51
They didn't "surrender"! George II Aug 2013 #53
This line, I think, is REALLY important: Volaris Aug 2013 #55
What would be more productive jberryhill Aug 2013 #58
agreed. Or, just get Congress to de-criminalize the stuff for Personal Use, Volaris Aug 2013 #68
+1, sounds fair to me... uponit7771 Aug 2013 #151
k & r that too! n/t wildbilln864 Aug 2013 #57
K&R B Calm Aug 2013 #61
Holder gets bashed a lot, and sometimes deservedly so, but I give him kudos on this. Comrade Grumpy Aug 2013 #62
Fuckin' A Go Vols Aug 2013 #66
It will be interesting to see how many states Segami Aug 2013 #67
Tyranny! railsback Aug 2013 #71
To quote Fred Willard: Warren DeMontague Aug 2013 #125
NOW can we talk about a blanket amnesty for all weed offenses and lower our prison population? Spitfire of ATJ Aug 2013 #72
Mark me cautiously optimistic. I'll wait and see what CA-based federal prosecutors do. n/t DisgustipatedinCA Aug 2013 #73
Every little bit helps... Isoldeblue Aug 2013 #75
So now will the Ron Paul cheerleaders STFU a bit? n/t Ratty Aug 2013 #76
We are not Ron Paul cheerleaders and no we will not shut up until marijuana is legal at the federal liberal_at_heart Aug 2013 #123
uh huh They_Live Aug 2013 #77
Yeah.. quakerboy Aug 2013 #99
Probably so. I wouldn't trust 'em. SammyWinstonJack Aug 2013 #116
kick kick kick defacto7 Aug 2013 #78
Now release the thousands of people incarcerated for minor drug offenses and we're getting somewhere OnlinePoker Aug 2013 #79
That's excellent news, maybe the beginning of the end of The War on Drugs and associated madness. MNBrewer Aug 2013 #80
K & R !!! WillyT Aug 2013 #82
I've been critical of Holder on this issue, but this is an unequivocally positive step in the right Warren DeMontague Aug 2013 #83
I hope every holdout in the DOJ and the DEA contract Small Fiber Sensory Neuropathy and Dustlawyer Aug 2013 #84
About snort Aug 2013 #87
Great news! felix_numinous Aug 2013 #88
So I guess this means in California, there will be no more raids AsahinaKimi Aug 2013 #94
Sorry to be a fly in the ointment Ruby the Liberal Aug 2013 #96
The AG can decide who and how he wants to prosecute. mucifer Aug 2013 #97
Agreed, but doesn't this put the gun/abortion laws Ruby the Liberal Aug 2013 #102
Isn't it just defining prosecutorial discretion? RainDog Aug 2013 #108
Any significant restrictions on abortion will run up against Roe v. Wade, which establishes Warren DeMontague Aug 2013 #111
This won't change anything LiberalLovinLug Aug 2013 #98
Finally! Great news. polichick Aug 2013 #103
This will make my youngest son happy. ladyVet Aug 2013 #104
Yeah Right, BillyRibs Aug 2013 #106
A lot of loose-jointed exceptions, but I see a light. nt Eleanors38 Aug 2013 #107
I look forward to seeing no more raids on medical dispensaries Incitatus Aug 2013 #109
Sounds like dispensaries are still firmly in the cross-hairs DirkGently Aug 2013 #114
"It is fair to ask whether they are more concerned with maintaining public safety... Warren DeMontague Aug 2013 #121
No, they didn't just make it illegal for armored cars to transport cash to dispensaries. tridim Aug 2013 #134
According to several news sources, this is happening RainDog Aug 2013 #142
There is no order, directive or law issued by any federal agency. It doesn't exist. tridim Aug 2013 #144
it's not just Harborside, or just CA dispensaries making the claim RainDog Aug 2013 #145
Let's see the order. Scan, upload, done. tridim Aug 2013 #148
so that's enough for you to claim they're lying? RainDog Aug 2013 #153
Great sign & good move nradisic Aug 2013 #110
Why isn't the market reacting......... Historic NY Aug 2013 #112
What market did you expect to react? tridim Aug 2013 #135
OK, this looks a little less awesome now that I have read the details blackspade Aug 2013 #113
The headline for the OP is misleading RainDog Aug 2013 #119
Now what will Holder's excuse be for not going after Legs Dimon or Pretty Boy Lloyd? Jack Rabbit Aug 2013 #122
Old news _ He declared them ALL too big to jail last year or so. Dragonfli Aug 2013 #127
I'm cautiously optimistic. We will have to see how individual US attorneys react to this. liberal_at_heart Aug 2013 #124
LAT: More states likely to change pot rules, both sides say BeyondGeography Aug 2013 #126
They'll give y'all the medical marijuana, but in exchnage for it, you'll have to give them another blkmusclmachine Aug 2013 #128
A word of advice to Democrats running in red states next year... tridim Aug 2013 #131
What about large scale hemp growing? SHRED Aug 2013 #132
I'm willing to bet that is already happening in CO. tridim Aug 2013 #133
A lot of people do not realize... SHRED Aug 2013 #136
A farmer in CO planted the first hemp crop this year RainDog Aug 2013 #141
I don't believe them. nt Romulox Aug 2013 #137
That's because you're so filled with irrational hate. tridim Aug 2013 #138
It's because I remember candidate Obama's lies on the matter, as well as the phoney "Ogden" memo. Romulox Aug 2013 #139
This directive is a restatement and expansion of the original Ogden memo... tridim Aug 2013 #140
Funny Line!!! bleedinglib Aug 2013 #143

Warpy

(114,615 posts)
2. The DOJ didn't have a legal leg to stand on
Thu Aug 29, 2013, 02:16 PM
Aug 2013

since the whole drug war is a catch 22 based on tax law and states with various legal weed laws are collecting the taxes on it.

It's high time they realized this and backed down.

(see what I did there?)

Ms. Toad

(38,638 posts)
130. Actually they did (have a legal leg)
Fri Aug 30, 2013, 10:10 AM
Aug 2013

All use of marijuana (medical included) is prohibited by federal law, so any use (or sale) in states where it is legal under state law is still against federal law. What this memo does is announce an exercise of prosecutorial discretion. No government entity prosecutes every crime it is aware of - resources are too small to do that. This is just an announcement it will exercise its discretion where there is a state law contrary to federal law.

And here's the key thing - once a different administration takes over (or a different attorney general), the discretion may change because it is still against federal law, and the next administration may not choose to turn a blind eye to it.

Warpy

(114,615 posts)
150. All antidrug law is still based on tax law
Fri Aug 30, 2013, 12:56 PM
Aug 2013

That is its foundation. Kick the tax law out from under it and it all collapses.

Ms. Toad

(38,638 posts)
156. No.
Fri Aug 30, 2013, 03:40 PM
Aug 2013

The federal anti drug law is based on the Commerce Clause of the Constitution. The Congress has the authority to regulate interstate commerce as one of the few areas of law not reserved by the states.

Motivation may be a different matter, but the foundation is the commerce clause.

CaliforniaPeggy

(156,619 posts)
3. This is a small, but very pivotal and important step. FINALLY, some sanity is prevailing.
Thu Aug 29, 2013, 02:17 PM
Aug 2013

The DOJ has to be dragged, kicking and screaming, into the 21st Century.

About fucking time.

Baitball Blogger

(52,345 posts)
7. Do you get the impression they're throwing bones to cut the edge off the criticism about the war?
Thu Aug 29, 2013, 02:21 PM
Aug 2013

(Though, admittedly, it is a meaty bone.)

The timing reeks of politics.

CaliforniaPeggy

(156,619 posts)
9. I really think this is unrelated.
Thu Aug 29, 2013, 02:23 PM
Aug 2013

This has been developing for some time.

Of course, I could be wrong...

 

Lizzie Poppet

(10,164 posts)
46. Agreed, but I'd still bet the order came from on high.
Thu Aug 29, 2013, 03:23 PM
Aug 2013

Continued support of marijuana prohibition (and particularly aggressive enforcement thereof) is a no-win situation for Democrats. The only people who support that crap would never vote Democratic in the first place.

vaberella

(24,634 posts)
19. Tin hat moment here.
Thu Aug 29, 2013, 02:40 PM
Aug 2013

People will always speak out against the war and some of those people who are anti-war are also anti-marijuana. They are not one in the same. This is only good because that means California will have it legal and so the west coast is cleared on MJ legalized. But this may not spread across the US.

 

magical thyme

(14,881 posts)
21. I think they got a new dog to distract from NSA. When that didn't work, it became war.
Thu Aug 29, 2013, 02:44 PM
Aug 2013

Now that we're not marching up behind them like a bunch of lemmings, they're pulling this out of the hat.

All stuff they maybe would have done anyway, but were waiting for the right moment. Just like somebody "evolved" on gay marriage jit for the last election.

Just color me cynical.

Baitball Blogger

(52,345 posts)
23. "Waiting for the right moment."
Thu Aug 29, 2013, 02:46 PM
Aug 2013

Like a burglar that throws a steak down to calm the guard dogs.

 

magical thyme

(14,881 posts)
26. exactly. they have a bag of bones they can throw us as needed when the heat is on.
Thu Aug 29, 2013, 02:48 PM
Aug 2013

and they can always change their minds and take the bones back later.

JoePhilly

(27,787 posts)
44. YUP ... after all the screaming about this topic ... this will be a non-event.
Thu Aug 29, 2013, 03:20 PM
Aug 2013

Didn't happen soon enough.

Doesn't go far enough.

The government should have made pot free in every state.

So on.

Warren DeMontague

(80,708 posts)
86. Oh, heavens, that sounds terrible
Thu Aug 29, 2013, 05:08 PM
Aug 2013

Perhaps he's mad about the crows pooping on his shoulders.

bhikkhu

(10,789 posts)
118. I think it is fine to let states decide
Thu Aug 29, 2013, 10:27 PM
Aug 2013

as so many people have strong feelings on the matter. A judgement from on high has far less meaning than if the people themselves making the decision.

In my state (Oregon) there was much debate over it in 2012 and it was narrowly defeated, but many people became more educated about the issue, and many people changed their minds. I expect some form of legalization to pass in 2014, and then it will be by the consensus of voters - a very good thing to have in a democracy.

Cha

(319,076 posts)
65. Save your breath, Cake Grrl.. they have
Thu Aug 29, 2013, 03:49 PM
Aug 2013

no fucking clue what they're talking about but it makes them feel all superior on the internet. Rah Rah, BFD.

questionseverything

(11,840 posts)
50. between the nsa fall out and the new war thingy
Thu Aug 29, 2013, 03:29 PM
Aug 2013

yes we get a bone...but this is why we must keep the pressure on about both

bhikkhu

(10,789 posts)
117. I get the impression they are throwing in the towel, backing away from the floodgates
Thu Aug 29, 2013, 10:22 PM
Aug 2013

and resigning themselves to the dominoes falling, state by state, toward legalization.

Importantly, the position they are taking is one they could maintain long-term even if every single state came up with its own legalization regimen. I don't care about the timing, its a good policy!

mainer

(12,554 posts)
4. So... we can now grow a plant for our personal use on our own land?
Thu Aug 29, 2013, 02:17 PM
Aug 2013

if we avoid the above circumstances?

Jeff In Milwaukee

(13,992 posts)
10. More important...
Thu Aug 29, 2013, 02:23 PM
Aug 2013

Are people in jail for marijuana arrests (that avoid the above circumstances) going to see early paroles?

 

LearningCurve

(488 posts)
41. My question as well
Thu Aug 29, 2013, 03:16 PM
Aug 2013

I would like to think the answer is yes, since prisons are overcrowded. However, sense does not always factor into the equation.

 

Comrade Grumpy

(13,184 posts)
63. No, not with this. Obama could use his commutation/pardon powers...
Thu Aug 29, 2013, 03:47 PM
Aug 2013

...but he hasn't seemed very interested in doing that so far.

And the vast majority of people doing time for pot offenses are doing state or local time, not federal, so even if Obama were to commute the sentence of every federal pot prisoners, most pot prisoners would not be affected.

WCLinolVir

(951 posts)
59. Not unless it's legal in your state.
Thu Aug 29, 2013, 03:42 PM
Aug 2013

I live in Virginia and I don't think I'm going to plant. Still plenty legal for them to prosecute you at the state level.

 

Comrade Grumpy

(13,184 posts)
60. No, not unless it is legal to do so under state law in your state.
Thu Aug 29, 2013, 03:42 PM
Aug 2013

Holder is saying they're not going to enforce the federal pot laws in states where it is legal (with some limited exceptions). If you want to grow pot plants, you need to change the law in your state.

Jeff In Milwaukee

(13,992 posts)
5. Unrelated, I'm sure...
Thu Aug 29, 2013, 02:19 PM
Aug 2013

But on Wall Street, futures in Doritos and Little Debby Cakes are soaring...

 

mick063

(2,424 posts)
11. A great big kudos to the AG and President.
Thu Aug 29, 2013, 02:23 PM
Aug 2013

They have effectively removed an argument against them.

I give them much credit for a courageous and correct approach.

This Washington resident is grateful and confident that we will hold up our end of the bargain.

Mr.Bill

(24,906 posts)
14. DOJ policy may only last until the next presidential election.
Thu Aug 29, 2013, 02:29 PM
Aug 2013

We need federal law changed.

tridim

(45,358 posts)
89. 2014, after the mid-terms.
Thu Aug 29, 2013, 05:29 PM
Aug 2013

I was right about the fed response to WA and CO, and practically a lone-voice on the subject on DU.

Legalization is HAPPENING, and Obama will get the deserved credit.

Mr.Bill

(24,906 posts)
90. I hope so.
Thu Aug 29, 2013, 05:33 PM
Aug 2013

It sure hasn't happened in California, and it's been over a decade since we legalized medical marijuana.

tridim

(45,358 posts)
91. It's not happening in CA because of the corrupt MMJ industry.
Thu Aug 29, 2013, 05:36 PM
Aug 2013

They have ZERO interest in Cannabis being legal recreationally.

I bet their heads are exploding at this news.

Mr.Bill

(24,906 posts)
92. You really think there will be no corruption
Thu Aug 29, 2013, 05:41 PM
Aug 2013

in the MJ business in Washington and Colorado? Some of the greedy assholes who screwed things up in California are already up and running there.

tridim

(45,358 posts)
95. Of course there will be corruption.
Thu Aug 29, 2013, 05:52 PM
Aug 2013

Which is why Holder's statement specifically addressed it.

Of course it will all be moot after the mid-terms when Cannabis is removed from Schedule I.

 

Comrade Grumpy

(13,184 posts)
146. I wish you would quit slandering the good people involved in medical marijuana in CA.
Fri Aug 30, 2013, 12:42 PM
Aug 2013

Your buddies in the DEA have raided some of the most upstanding, by-the-book medical marijuana operations in the state:

Northstone Organics in Mendocino. They paid the sheriff's office to get tags for their plants. Totally controlled and regulated, all the medicine going to patient collectives, and the DEA raided them.

Berkeley Patients Group One of the oldest and most respected in the state. Run out of one location by federal threats, hassled by the IRS, now threatened again.

Marin Alliance for Medical Marijuana. The oldest dispensary in the state. Gone now, shut down by federal government threats.

Harborside Health Center. The iconic flagship dispensary. The only reason they're still open is that they have the bucks to defend themselves. Oh, and the city of Oakland is on their side, too.

Oaksterdam University. Not even a dispensary!

I could go on. Sometimes the DEA goes after crooks, sometimes it doesn't. There is no rhyme nor reason.

The problem in California is not the character of medical marijuana providers. The problem is that there is no statewide regulation. Part of the fault for that lies with the people who wrote Prop 215; part of the fault lies with the legislature for failing to fix the problem.

tridim

(45,358 posts)
147. There are MANY good people in the MMJ industry.
Fri Aug 30, 2013, 12:47 PM
Aug 2013

And MANY corrupt assholes in the MMJ industry.

From my experience in CO it's about 50/50. Which is a shame.

 

Comrade Grumpy

(13,184 posts)
149. For some people, it's about making money. But that is the American way.
Fri Aug 30, 2013, 12:55 PM
Aug 2013

I confess, I find it bizarre for people to attack medical marijuana providers on the grounds that "they're making money!" As if everything in this whole country wasn't about making money.

Or is it that some of the "patients" aren't really sick? To some degree, medical marijuana here in CA is a charade. It's written so loosely that anyone can be a "patient." We ought to get past the hypocrisy and just legalize it here. We already have a working model in place. Just take down the green crosses and turn the dispensaries into pot shops.

tridim

(45,358 posts)
152. The corruption is not just about making money, it's about making money illegally.
Fri Aug 30, 2013, 12:58 PM
Aug 2013

Legal dispensaries remain open and profitable, and NOT raided.

RainDog

(28,784 posts)
154. Sorry, but this is a lie
Fri Aug 30, 2013, 01:03 PM
Aug 2013

that you have repeated many times.

the reality is that the feds have targeted legally-operating dispensaries in CA. Grumpy gave you a list of legally-operating businesses that have been targeted by the feds using their prosecutorial discretion to go after these businesses because they violate federal, not state, law.

 

Comrade Grumpy

(13,184 posts)
155. You keep saying that shit. Explain BPG. Explain Northstone Organics. Explain MAMM.
Fri Aug 30, 2013, 01:29 PM
Aug 2013

And all the other by-the-book dispensaries that have been raided or threatened.

Buns_of_Fire

(19,161 posts)
20. "Okay, if you don't screw it up we'll let you handle it."
Thu Aug 29, 2013, 02:41 PM
Aug 2013

I think it's a small step, but a very important one.

People are going to be watching Colorado and Washington closely. I hope they've got their act together and crossed all their "T"s and dotted all their "I"s...

libodem

(19,288 posts)
22. Good
Thu Aug 29, 2013, 02:44 PM
Aug 2013

Now go concentrate on real crimes that actually hurt people.

Victimless crime
is a waste of time
So go drop that dime
Where some sun can shine.

 

villager

(26,001 posts)
27. Wow! An actual progressive policy from this administration!
Thu Aug 29, 2013, 02:50 PM
Aug 2013

I'm both surprised, and impressed!

MindMover

(5,016 posts)
34. Way tooo little, way toooo late for so many that have been incarcerated
Thu Aug 29, 2013, 03:02 PM
Aug 2013

and are still behind bars....

Enthusiast

(50,983 posts)
36. It's a trick.
Thu Aug 29, 2013, 03:03 PM
Aug 2013

It's a SMOKE screen. They hope you'll be too stoned to protest an attack on Syria.

madokie

(51,076 posts)
38. Good news
Thu Aug 29, 2013, 03:04 PM
Aug 2013

although it won't do me any good here in OK. I just wish they'd call off the dogs on pot period. The safest way to cop a buzz there is

ZombieHorde

(29,047 posts)
42. Will companies in those states still be able to drug test for marijuana?
Thu Aug 29, 2013, 03:17 PM
Aug 2013

This is a great step, but employment is still a big issue.

leftstreet

(40,680 posts)
47. Yes
Thu Aug 29, 2013, 03:26 PM
Aug 2013

There's nothing in the law to protect employees, and state courts have previously ruled for employers

Spike89

(1,569 posts)
93. Yup, and insurance (multiple types) will still be affected
Thu Aug 29, 2013, 05:43 PM
Aug 2013

Pot may become truly legal everywhere in the US soon, but that doesn't mean you'll be able to smoke and hold a job, or that your insurance company won't void your accident claim because you had THC in your system. Pretty big issues to deal with, and I don't see a clean answer short of the development of a reliable field test for "pot intoxication".

I would like to see less drug testing done and perhaps more competence/capability testing done onsite. If the goal is to improve safety, then stopping an airline pilot who hasn't slept in 2 days from flying makes more sense than firing a baggage handler that smoked a joint two weeks ago (or even an hour ago, if he/she can still do the job within performance specs).

Robbins

(5,066 posts)
43. Intresting
Thu Aug 29, 2013, 03:20 PM
Aug 2013

We are on first step towards eventual legalizing weed after voters In washington and Colorado voted for it.

DemocraticWing

(1,290 posts)
105. I hope so!
Thu Aug 29, 2013, 08:20 PM
Aug 2013

I've come to believe in the last couple years that we're within 10-15 years of ending prohibition nationwide.

yesphan

(1,604 posts)
45. I pray that
Thu Aug 29, 2013, 03:21 PM
Aug 2013

Harry J. Anslinger is spinning like a fucking top in his grave. Wretched bastid !

colsohlibgal

(5,276 posts)
49. US Legality Is Just A Matter Of Time
Thu Aug 29, 2013, 03:28 PM
Aug 2013

Legalize it and then tax it. Meanwhile I always wanted to visit the NW, may have to book a trip soon.

Just Saying

(1,799 posts)
56. My thinking exactly!
Thu Aug 29, 2013, 03:38 PM
Aug 2013

I look forward to our country allowing adults to make their own choices about marijuana use. The waste of time, energy and money (not to mention ruined lives) to arrest and prosecute users of what most adults would say is a mild drug that's less addictive than caffeine and nicotine and has fewer side effects, is beyond ridiculous.

Volaris

(11,704 posts)
55. This line, I think, is REALLY important:
Thu Aug 29, 2013, 03:38 PM
Aug 2013

"A system adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in practice."

DOJ basically just said "All right, here's why the FEDERAL GOVERNMENT is worried about legal Weed. You keep this list of things from happening AT A STATE LEVEL, and whatever else you want to do with this is fine with us. But if you DON'T keep these things from happening, we promise you're going to find out what the Business End of a Hammer is used for." It's a warning as much as it is an acquiescence.

Welcome to the Modern, and I think quite appropriate and useful, interpretation of States' Rights. As the above poster stated, it's also the only position DOJ could have taken, and not been left a laughing stock.

 

jberryhill

(62,444 posts)
58. What would be more productive
Thu Aug 29, 2013, 03:41 PM
Aug 2013

Would be a "uniform code" type of approach to state regulation of marijuana.

Either the DoJ or an appropriate commission could draw up a set of laws and regulations which, if adopted and enforced by a state, would essentially boil down to "do this and the feds will leave you alone".

More desirable would simply be a piece of federal legislation that accomplished the same result - "here's a set of rules which, if followed, will keep your citizens out of trouble with us".

Volaris

(11,704 posts)
68. agreed. Or, just get Congress to de-criminalize the stuff for Personal Use,
Thu Aug 29, 2013, 03:51 PM
Aug 2013

and be done with it.

 

Segami

(14,923 posts)
67. It will be interesting to see how many states
Thu Aug 29, 2013, 03:50 PM
Aug 2013

follow suit with Colorado & Washington's lead after today's announcement.

 

railsback

(1,881 posts)
71. Tyranny!
Thu Aug 29, 2013, 03:54 PM
Aug 2013

Now Obama is going to use the NSA to illegally hunt down all the pot smokers and disappear them! Follow the self written memes…

Back in RealityLand.. C'mon, CA! We can do it!

 

Spitfire of ATJ

(32,723 posts)
72. NOW can we talk about a blanket amnesty for all weed offenses and lower our prison population?
Thu Aug 29, 2013, 03:57 PM
Aug 2013
 

DisgustipatedinCA

(12,530 posts)
73. Mark me cautiously optimistic. I'll wait and see what CA-based federal prosecutors do. n/t
Thu Aug 29, 2013, 04:00 PM
Aug 2013

liberal_at_heart

(12,081 posts)
123. We are not Ron Paul cheerleaders and no we will not shut up until marijuana is legal at the federal
Fri Aug 30, 2013, 12:40 AM
Aug 2013

level.

quakerboy

(14,868 posts)
99. Yeah..
Thu Aug 29, 2013, 07:47 PM
Aug 2013

My personal interpretation is that they will keep raiding medical and now recreational MJ operations. They just wont waste time prosecuting folks after they rip apart the buildings and destroy the supplies and terrorize the workers and owners.

Add a heaping side order of civil asset forfeiture, both of the quasi legal and the off the books types, and you have.. well, really not that far off of what we've had for most of my lifetime.

So be sure and register and let them know you have pot at your place. I'm sure it will work out swimmingly.

defacto7

(14,162 posts)
78. kick kick kick
Thu Aug 29, 2013, 04:44 PM
Aug 2013

&R

This is one time all caps are not only appropriate, they are necessary.

YEAH!

OnlinePoker

(6,127 posts)
79. Now release the thousands of people incarcerated for minor drug offenses and we're getting somewhere
Thu Aug 29, 2013, 04:45 PM
Aug 2013

I seem to recall reading something last week that the cost for all the people imprisoned in the U.S. is somewhere around $85 Billion a year. You could probably cut that by a third or half if you did release those "offenders".

MNBrewer

(8,462 posts)
80. That's excellent news, maybe the beginning of the end of The War on Drugs and associated madness.
Thu Aug 29, 2013, 04:46 PM
Aug 2013

Warren DeMontague

(80,708 posts)
83. I've been critical of Holder on this issue, but this is an unequivocally positive step in the right
Thu Aug 29, 2013, 04:53 PM
Aug 2013

direction.

Dustlawyer

(10,539 posts)
84. I hope every holdout in the DOJ and the DEA contract Small Fiber Sensory Neuropathy and
Thu Aug 29, 2013, 04:53 PM
Aug 2013

that they are allergic to most of the commonly used medications for nerve pain like myself! They would change their minds so fast it would make all of our heads spin! Pardon my language but to keep pot away from people that really NEED IT, should be fucking crimminal! To still contend that marihuana is as dangerous as heroin or OxyContin means that they do not know about any of the drugs they are trying to regulate, or they are lying to justify big, fat budgets and their own worthless existence!

AsahinaKimi

(20,776 posts)
94. So I guess this means in California, there will be no more raids
Thu Aug 29, 2013, 05:46 PM
Aug 2013

of medical Marijuana dispensaries? That is great, and ...I predict in a year or so, Marijuana may even be on the ballot as a recreational drug.

Ruby the Liberal

(26,665 posts)
96. Sorry to be a fly in the ointment
Thu Aug 29, 2013, 05:57 PM
Aug 2013

but how will this impact the insane gun and abortion laws being bandied about in Oklahoma, Alaska and Texas under 'state right to overrule federal law"?

Thrilled they backed down, but it could have some unintended consequences.

Anyone know?

mucifer

(25,667 posts)
97. The AG can decide who and how he wants to prosecute.
Thu Aug 29, 2013, 07:28 PM
Aug 2013

It looks like they decided with all the lack of federal funds and who knows, maybe for moral reasons, they are not going after the recreational and medical marijuana state laws.

Each issue takes different consideration.

RainDog

(28,784 posts)
108. Isn't it just defining prosecutorial discretion?
Thu Aug 29, 2013, 08:44 PM
Aug 2013

The AG is saying... we're not going to enforce the law in this way at this time but we reserve the right to change this direction if, say, the state of Colorado turns reefer mad.

It doesn't change anything, permanently, it just says... go ahead and create a framework and we'll back off for now.

But the govs. really needed to have some guidance for their states, so at least this gives them some boundaries.

...it's sort of like The Netherlands, without the official decriminalization.

Senator Leahy mentions Congressional decriminalization of one ounce for possession in those states - but, honestly, this still doesn't address what needs to be done. But it starts the conversation.

Warren DeMontague

(80,708 posts)
111. Any significant restrictions on abortion will run up against Roe v. Wade, which establishes
Thu Aug 29, 2013, 09:48 PM
Aug 2013

individual rights above and beyond the scope of what can be legislated.

I think the debate between state and federal law is a legitimate one. I definitely think in the case of the drug war, federal law is in overreach mode. Particularly given that it's absolute insanity to try to argue, as the feds have, that somehow arresting a cancer granny for smoking pot she grew herself, is somehow aligned with the interstate commerce clause.

LiberalLovinLug

(14,689 posts)
98. This won't change anything
Thu Aug 29, 2013, 07:43 PM
Aug 2013

If you have another fundi/puritan megalomaniac anti-marijuana federal law enforcer. Most people will continue to buy off of someone who got it from some person or group that could be considered a "criminal enterprise".

And the DOJ made it clear they will work to prevent: revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels, at least that could be argued in court.

Also what is included in "Federal property"? Buildings and grounds but also federal parks.

ladyVet

(1,587 posts)
104. This will make my youngest son happy.
Thu Aug 29, 2013, 08:18 PM
Aug 2013

He plans on moving to Colorado after he finishes school and can save enough money.

I'll probably never see him again.

Incitatus

(5,317 posts)
109. I look forward to seeing no more raids on medical dispensaries
Thu Aug 29, 2013, 08:46 PM
Aug 2013

but I'm not holding my breath.

Didn't they just make it illegal for armored cars to transport cash for the dispensaries?

DirkGently

(12,151 posts)
114. Sounds like dispensaries are still firmly in the cross-hairs
Thu Aug 29, 2013, 10:16 PM
Aug 2013

SAN FRANCISCO --Less than two weeks after Attorney General Eric Holder announced plans for sweeping drug sentencing reform to help fix a "broken system," the Drug Enforcement Administration has ordered security and armored vehicle companies to quit serving state-legal cannabis providers, according to industry sources.

The DEA, an arm of Holder's Department of Justice, confirmed the order to The Huffington Post, but wouldn't elaborate.

(snip)

"In 2011 they closed our bank accounts, which forced us to handle and store cash on-site," said Steve DeAngelo, executive director of Oakland dispensary Harborside Healthcare, in a release. "Now they have denied us any secure way to transport that cash to those whom we owe money, like the City of Oakland and the California Board of Equalization.”

DeAngelo told The Huffington Post that the DEA's order contradicts the administration's stated policy.
"Either there is a very serious disconnect between the views of the administration and law enforcement on ground, or the administration is playing a cynical double game," DeAngelo said.

http://www.huffingtonpost.com/2013/08/22/armored-vehicles-marijuana-dispensaries_n_3800281.html

Apparently both sides of Holder's mouth are in motion again.

Warren DeMontague

(80,708 posts)
121. "It is fair to ask whether they are more concerned with maintaining public safety...
Thu Aug 29, 2013, 11:42 PM
Aug 2013

Last edited Fri Aug 30, 2013, 02:02 AM - Edit history (1)

or maintaining their marijuana-fighting jobs,"


DING DING DING

tridim

(45,358 posts)
134. No, they didn't just make it illegal for armored cars to transport cash to dispensaries.
Fri Aug 30, 2013, 11:06 AM
Aug 2013

That story was made-up, whole cloth. There is NO order from the DEA or DOJ.

The MMJ industry is FREAKING OUT because of Holder's directive, and are now lying about it because legal Cannabis is their worst nightmare. A good chunk of the MMJ industry is corrupt. I saw it with my own eyes when I lived in CO. The raids that you read about are for corrupt dispensaries that are breaking state law.

RainDog

(28,784 posts)
142. According to several news sources, this is happening
Fri Aug 30, 2013, 11:52 AM
Aug 2013

do you have a link to support your claim this was made up?

http://www.businessweek.com/news/2013-08-28/legal-pot-sellers-say-armored-car-companies-won-t-serve-them

Steve DeAngelo says his staff may need to carry cash in personal vehicles to pay Harborside Health Center’s bills after his armored car provider told his co-founder that a federal agency ordered it to stop serving cannabis businesses.

DeAngelo isn’t alone. Several large marijuana dispensaries in California and Colorado received similar notices from their armored vehicle services, said Steve Fox, director of government relations for the Washington-based National Cannabis Industry Association.

The U.S. Justice Department declined to comment on the matter, Ellen Canale, a spokeswoman, said by e-mail in response to repeated requests. The U.S. Drug Enforcement Administration referred questions to the Justice Department, its parent agency.


I have not seen any evidence to indicate this is made up, while several news sources are reporting MULTIPLE dispensaries have been told the armored car service will not do business with them under threat from the DEA.

tridim

(45,358 posts)
144. There is no order, directive or law issued by any federal agency. It doesn't exist.
Fri Aug 30, 2013, 12:29 PM
Aug 2013

I've been asking for a link for a week, and there simply is none.

Harborside is lying, as they have many times before.

Unless and until they post a scan of the "notice" they received, they have no credibility.

RainDog

(28,784 posts)
145. it's not just Harborside, or just CA dispensaries making the claim
Fri Aug 30, 2013, 12:34 PM
Aug 2013

I don't see that you have any evidence to claim this isn't true. I'm not saying it is or isn't - I am saying I am more inclined to believe the multiple reports that it is.

It doesn't have to be a law or directive. The DEA could tell the armored car group that they will be targeted for their practice. The DEA can do this with a letter sent directly to the company.

tridim

(45,358 posts)
148. Let's see the order. Scan, upload, done.
Fri Aug 30, 2013, 12:50 PM
Aug 2013

Harborside says they have a document from an "agent". Why not show it?

RainDog

(28,784 posts)
153. so that's enough for you to claim they're lying?
Fri Aug 30, 2013, 12:59 PM
Aug 2013

because you haven't seen it, while several news outlets report this for more than just harborside?

...when the DEA, in May of this year, sent dozens of letters to landlords threatening them if they continued to allow dispensaries on their properties? (the claim was a violation of 1000 yards of a park or a school. not just a school.

when, in 2011, more than 250 landlords were warned they faced confiscation of their property if they allowed dispensaries to operate on those properties?

tridim

(45,358 posts)
135. What market did you expect to react?
Fri Aug 30, 2013, 11:13 AM
Aug 2013

Big Pharma still has plenty of product and lots of stupid doctors to push it.

blackspade

(10,056 posts)
113. OK, this looks a little less awesome now that I have read the details
Thu Aug 29, 2013, 10:16 PM
Aug 2013

Still, it is at least a baby step in the right direction.

RainDog

(28,784 posts)
119. The headline for the OP is misleading
Thu Aug 29, 2013, 10:35 PM
Aug 2013

but people are happy to see some forward momentum.

I think this is a good signal, too, because Leahy's judicial committee hearing on Sept. 10th will address this in Congress - or at start to address some of the problems.

The federal agencies that determine drug schedules need to address the errors in drug scheduling, as well. If Michele Leonhart, as head of the DEA, is incapable of responding to the scientific evidence that indicates marijuana is not a schedule I substance, she should be removed from her position.

Jack Rabbit

(45,984 posts)
122. Now what will Holder's excuse be for not going after Legs Dimon or Pretty Boy Lloyd?
Fri Aug 30, 2013, 12:36 AM
Aug 2013

I'm sure he'll have one.

Dragonfli

(10,622 posts)
127. Old news _ He declared them ALL too big to jail last year or so.
Fri Aug 30, 2013, 02:43 AM
Aug 2013

Some nonsense about seeking convictions against such large banks will destroy the economy or something, the details are not that important as they are only excuses you will not find in any law book as valid defenses of criminal acts and should not be used to justify the reality that Wealthy elite bankers and their too big "Frankenstein's monsters" of international corporations are a class firmly believed to be above the laws of our country.

They are above the laws and we are not, that is all that is relevant, the excuses for this are of little import and are only PR window dressing anyway that can and will change as necessary to keep this special class firmly above the laws that bind those in the lower classes while excepting them, the new royal class.

 

blkmusclmachine

(16,149 posts)
128. They'll give y'all the medical marijuana, but in exchnage for it, you'll have to give them another
Fri Aug 30, 2013, 04:51 AM
Aug 2013

illegal, budget-busting WAR FOR PROFIT

tridim

(45,358 posts)
131. A word of advice to Democrats running in red states next year...
Fri Aug 30, 2013, 10:41 AM
Aug 2013

Run on state legalization, you will beat the Republican with ONLY the young vote.

tridim

(45,358 posts)
133. I'm willing to bet that is already happening in CO.
Fri Aug 30, 2013, 11:00 AM
Aug 2013

Kansas farmers are likely very upset about this since Kansas will likely be one of the last states to legalize.

I bet the southern states legalize after CA, for commercial purposes.

 

SHRED

(28,136 posts)
136. A lot of people do not realize...
Fri Aug 30, 2013, 11:14 AM
Aug 2013

...that growing and product production of industrial hemp will be where the largest tax revenues will come from regarding the Cannabis plant.

Romulox

(25,960 posts)
139. It's because I remember candidate Obama's lies on the matter, as well as the phoney "Ogden" memo.
Fri Aug 30, 2013, 11:24 AM
Aug 2013

You want to drag it into juvenile name-calling for obvious reasons.

tridim

(45,358 posts)
140. This directive is a restatement and expansion of the original Ogden memo...
Fri Aug 30, 2013, 11:35 AM
Aug 2013

Which never was a "lie". The Ogden memo never said ANYTHING about not going after dispensaries that break STATE law. Legal dispensaries are not raided by anyone.

Progress is happening despite your shitting all over it because you are so angry and misinformed.

Get over it.

bleedinglib

(212 posts)
143. Funny Line!!!
Fri Aug 30, 2013, 11:55 AM
Aug 2013
The Governors were having a "Joint" phone call?? That must have been Wash. Colo. & Calif ?
I hope they call me soon!!
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