AGGRESSIVE California U.S. Attorney Says SHE'LL KEEP PROSECUTING On Marijuana

[Segami]

In the past few years, as some medical marijuana business people have been made into criminals in states with their own laws, no state has been more center stage than California. The state saw the first marijuana law, so the medical marijuana industry has had longer to develop. And crackdowns have been vigorous, particularly at the hands of U.S. Attorney Melinda Haag, who covers the Northern District of California.



It is Haag who is pursuing seizure of two major Bay Area dispensaries that even the cities that host them have considered crucial to public health and defended in court. It is Haag who played a key role in the raid of a dispensary that was the model for a county program to police pot. And it is Haag who recently threatened some seemingly state-compliant dispensaries with as much as 40 years in jail. In its latest guidance, the Department of Justice made explicit that the size and commercial nature of a dispensary was no longer reason enough to prosecute. And Haag has been equally explicit that size and commercial nature played a role in her crackdowns, saying, “The larger the operation, the greater the likelihood that there will be abuse of the state’s medical marijuana laws, and marijuana in the hands of individuals who do not have a demonstrated medical need.”



Nonetheless, Haag said Friday that she does not expect a “significant change” in her approach, adding, “for the most part it appears that the cases that have been brought in this district are already in compliance with the guidelines.” There are a number of grounds on which Haag might be able to justify this comment. The guidelines leave significant leeway to determine what constitutes a “strong and effective regulatory system,” when there is “exacerbation” of drugged driving or “other public health consequences,” and when a dispensary is considered to be marketing to minors. But Haag’s explicit professed targeting of dispensaries because they are large and commercial would make such justifications particularly suspect.



Her response is an early demonstration of how the DOJ’s announcement will require the cooperation of the regional U.S. attorneys to change the legal landscape.





http://thinkprogress.org/justice/2013/09/04/2568071/aggressive-california-attorney-says-shell-prosecuting-marijuana/

[Scuba]

1. Then Holder / Obama need to fire her ass.

[MindPilot]

7. In a functional system, yes, that might happen.

But the way things work now, this allows the administration to say one thing, (Of course the federal government will respect the will of the people in states that have legalized or decriminalized marijuana.&quot while actually doing something entirely different, i. e. continuing to go after dispensaries, no matter how compliant they are. And doing so with the cover of "rogue" prosecutors.

[Donald Ian Rankin]

53. In a functional system the legal system would be answerable to politicians?!?

In a functional system, no elected official would have any ability whatsoever to influence any part of the judicial process, *except* by changing the laws.

Police, prosecutors, judges and the like would be appointed and dismissed by, and answerable to, non-political bodies of public servants, which *in turn* would be controlled by the elected executive, but would be set up to make it impossible for elected officials to influence any specific case, just to change policies for the future. They could say, for example, that the civil servants should permit a wider range of interpretations of these laws, or enforce a narrower one, but *not* to dismiss individuals.

[indepat]

68. Yeah, it's a rotten shame they can't just fire her. Shame on whomever appointed this RW zealot

[Scuba]

69. They can order her to direct her assets towards specific crimes (and apparently have done so).

[indepat]

75. Then shame on those who order her to direct her assets toward the prosecution of marijuana

issues when serious criminal offenses are not being prosecuted.

[bemildred]

2. They are fanatics. nt

[Eleanors38]

13. Prohibition REQUIRES fanaticism. Punisment & Pain is the true objective. nt

[bemildred]

17. Indeed, Orwell:

"The object of persecution is persecution. The object of torture is torture. The object of power is power." ~ George Orwell 1984

Huxley:

"Morality is always the product of terror; its chains and strait-waistcoats are fashioned by those who dare not trust others, because they dare not trust themselves, to walk in liberty." - Aldous Huxley

And behind it all lies that fear.

[Warren Stupidity]

3. As expected the DAs are all fucknutz insane on WOD and will ignore Holder.

Somebody should investigate her finances.

[Bluenorthwest]

73. She is not a DA, she's a United States Attorney who serves at the pleasure of Obama

Big difference.

[Warren Stupidity]

89. yeah huge difference.

Melinda Haag is serving her first term as the United States Attorney for the Northern District of California.

http://www.justice.gov/usao/can/meetattorney.html

United States Attorneys (also known as federal prosecutors and, historically, as United States District Attorneys.)

http://en.wikipedia.org/wiki/United_States_Attorney

whatever.

[mike_c]

4. cannabis prosecutions are cheap, easy notches in US Attorney guns....

They're low hanging fruit for racking up conviction rates. Haag is one of the worst, IMO.

[Romulox]

5. It's more "good cop/bad cop" garbage. Obama been playing this game since 2009. nt

[forestpath]

6. +1

[Eleanors38]

14. Clinton set the tone.

[Romulox]

15. Both Clinton and Obama greatly ramped up the Drug war as compared to their Republican predecessors.

DU as a whole maintains a willful ignorance of this.

[woo me with science]

86. +1 Thank you. nt

[riderinthestorm]

8. Disgusting. Fire her ass NOW nt

[MindPilot]

9. What an appropriate name. nt

[MNBrewer]

10. I bet Melinda wants DiFi's chair when she's finally done with it.

Prosecutors such as she often have their sights set higher (e.g., Amy Klobuchar).

[Le Taz Hot]

11. If she thinks this is going to gain her points in

California, Oregon & Washington (or whatever her jurisdiction is), she's too stupid to be a U.S. Attorney, much less a U.S. Senator. Besides, we have some GREAT prospects for the DiFi's Senate seat.

[FreakinDJ]

33. Why not - Difi voted Republican on every major issue

[Le Taz Hot]

46. DiFi is entrenched with the CDP and an incumbant.

She won't have either of those advantages. There's too many really good candidates for DiFi's seat, Kamala Harris being one of them.

[HappyMe]

12. Doesn't say much about her abilities.

I would think those are the easiest damn 'wins' to rack up.

[olddots]

16. her picture doesn't surprise me

n.t.

[bobduca]

23. Village of the Damned PTA Member?

[Segami]

24. Young Hagg future prosecutors

[Supersedeas]

56. scary

[snooper2]

18. I know why she is pissed off...Look What I Found!

[Segami]

20. BADA-BING! - LOL!

Nice find!

[progressoid]

41. Excellent.

[Jesus Malverde]

19. i don't think she's going rogue

Melinda Haag is serving her first term as the United States Attorney for the Northern District of California. She was appointed by President Barack Obama and confirmed by the United States Senate in August 2010.

She's relatively new to the Job and appointed by the President Obama, it's unlikely she is independent enough to be making her own policy.

[librechik]

27. who was the USA there before her appointment?

this has been going on a long time. i suspect Bush involvement, because drug money.

[Jesus Malverde]

29. Sad to say, Bush didn't mess with the dispensaries

Many of the ones she has closed were open under Bush.


Marin Alliance For Medical Marijuana, California's Oldest Pot Club, Closes

Buckling under increased pressure from the federal government, California's oldest marijuana dispensary quietly shuttered over the weekend.

U.S. attorneys began forfeiture proceedings against the Fairfax-based Marin Alliance for Medical Marijuana, in operation since the state legalized cannabis for medical use in 1996, in November. The shop's landlord had already started a similar eviction process earlier this year.

"We are very sorry to announce that we have shut our doors until we can resolve certain legal issues," the club's statement read. "The battle is not over, but we must await further court action that will allow us to reopen, hopefully within a month or two."

Marin Alliance is one of a handful of dispensaries to close in the wake of the Justice Department's renewed crackdown on California's medical marijuana industry. Three San Francisco collectives also shut down this fall after receiving intimidating letters from federal officials.

U.S. Attorney for Northern California Melinda Haag specifically targeted Marin Alliance for closure because of its proximity to nearby Bolinas Park. Under federal law, medical cannabis shops are prohibited from operating within 1,000 feet of a park or school.

http://www.cannabisculture.com/content/2011/12/22/Marin-Alliance-Medical-Marijuana-Californias-Oldest-Pot-Club-Closes

[kestrel91316]

21. So, I guess she thinks she doesn't have to do what her boss says

when it comes to prioritization of cases?

Wouldn't surprise me if Holder apologized to her and told her to go ahead and do what she wants.

We need to make sure that this woman's career goes NO FARTHER. I smell a RWer with political ambition.

[Jesus Malverde]

30. Appointed by Obama, would he choose a RWer?..nt

[kestrel91316]

59. To his credit, he does try to be nonpolitical in these matters. But it doesn't serve

him or us well.

[mulsh]

22. If the federal drug laws were actually rescinded or changed that would definitely end these actions.

I fully support legalizing pot and medicinal marijuana but I recognize that federal laws trump state laws. According to the article Ms. Haag has found parts of the laws that provide a way to work around the new guidelines. The attorney general can do much to set his department's priorities but until the laws are actually changed we'll encounter determined folk like Ms. Haag.

[Romulox]

26. The Controlled Substance Act gives the power to the Executive Branch to unilaterally reschedule

Cannabis.

Please don't believe the excuses.

[librechik]

28. frankly, i expect the schedule to be changed soon, possibly at end of 2015.

we'll see.

[TeamPooka]

35. Obama could reschedule cannabis to schgedule 2 today...if he wanted to end the madness

But he doesn't.
It will go down as his greatest failure.

[Zorra]

25. Persecuting, arresting, prosecuting, and imprisoning herb growers, etc, is big business in N. Cal.

Ms. Haag is apparently reluctant to retire her cash cow it seems.

[Lint Head]

31. She is the epitome of the type of human closed mindedness that slows humanity's progress.

She would do well to join a bigoted cult. She is an example of the very person who causes a persons life to be wasted in prison because they smoked one joint.

[heaven05]

32. RW IDIOT!

get a life. Quit harassing americans over something benign. Dummy. POS

[bobclark86]

36. Yeah! RW idiot!

Go back to your master who appointed you and go scrape out your own party... Oh, wait.

http://en.wikipedia.org/wiki/Melinda_Haag

She was appointed by President Obama. Oh, and she's a Democrat.

Carry on... RW idiot! YEAH!

[heaven05]

42. Yep,Yeah RW IDIOT

Just because she's a democrat doesn't mean she can't be RW! I read the responses of quite a few on here.....Or right of center to be technical, they are still RW. She needs to get back to what she's good at. Catching criminals.

[OnionPatch]

44. A rose is a rose by any other name

Just wish Obama were a real rose and appointed real roses.

[bobclark86]

48. Please show me...

where in the 2012 Democratic National Platform it discusses marijuana -- either the straight-up legalization or the promotion of medical uses.

Go ahead... I'll wait.

[Bluenorthwest]

82. Here is what Obama himself promised when he wanted our votes in 2008

Would you stop the DEA's raids on Oregon medical marijuana growers?

Obama: " I would because I think our federal agents have better things to do, like catching criminals and preventing terrorism. The way I want to approach the issue of medical marijuana is to base it on science, and if there is sound science that supports the use of medical marijuana and if it is controlled and prescribed in a way that other medicine is prescribed, then it's something that I think we should consider."
http://www.wweek.com/portland/article-9003-six_minutes_with_barack.html
Better things to do. Apparently terrorism is no longer a problem?

[SammyWinstonJack]

54. DINO in both cases.

[bobclark86]

58. First off...

The early 1990s called, and much like this joke, they want their RINO/DINO label back.

Second, please show me in the 2012 Democratic National Platform the discussion about marijuana legalization.

[TeamPooka]

34. Prohibition is a failed public policy...again. But she's too dumb to know it. nt

[bobclark86]

37. Eh, who cares if it's the law...

Who needs to pay attention to the law, anyway...

[TeamPooka]

38. That's the same argument that was used to keep slavery in place...it's the law. Find a new argument.

Unjust and unfair laws are to be protested and changed.
That's what activists like myself are doing here.

[bobclark86]

47. Breaking the law...

and pissing and moaning when you get in trouble isn't protesting. It's breaking the law. She's doing her job, to enforce the laws of the U.S. Getting caught moving a few kilos across from Mexico, growing a couple acres on your own, or opening a store selling it AND ADVERTISING IN THE PHONE BOOK ain't the way. Nullifying federal law at the state level ain't the way.

Change the federal law.

Oh, wait. Nobody in elected office with national exposure wants the law changed except Rand Paul. Good luck with that piece of shit.

Truth be told, I'm much more worried about the millions of malnourished children in America, the rising debt of pretty much everyone under the age of 30 just because they wanted to learn something and get a better job, the death of 400,000 Americans A YEAR from smoking-related illness (or the 20,000 killed a year by radon because of low housing standards), and the gassing of civilians by a desperate fucktard within Scud missile range distance of Jerusalem than about somebody being allowed to sell a plant in California. My priorities are different than yours, I apologize.

Oh, and did you REALLY just compare the mass kidnapping and forced labor of MILLIONS to being arrested for smuggling a couple pounds of banned plant across state lines? Great job dropping trou' and shitting on the memories of the slaves who were kidnapped, beaten, raped, and murdered; as well as those who fought and died to free them. Because it's not like slaves were people (they were 3/5th of a person... how much of a person is a kilo of weed?).

[MindPilot]

50. Another low-post-count authoritarian.

A lot of you around here of late.

[bobclark86]

57. Aww, I don't post a lot...

so I MUST be a troll. Great bit of logic there.

[MindPilot]

60. Didn't say you were a troll

Authoritarian is the word I used.

[TeamPooka]

70. it is the content of your posts that is more revealing than the quantity of your posts

Now head back to the Gun Forum where you authoritarian types all like to hang out.

[TeamPooka]

64. yup. Easy to spot. Always say the same things.

[TeamPooka]

66. We are a polce state and have more prisoners in jail than any country in the world.

Just because of our drugs laws.
So yeah I'm making the analogy to slavery because it's a form of it.
Apology accepted.

[bobclark86]

72. So, what crimes did the slaves commit?

Did they voluntarily buy and sell illegal substances?

Comparing a dude who opened a business on Main Street selling a federally-banned substance (and advertising it in the newspaper and the phone book) to a person kidnapped from their home, taken halfway around the world and set into slavery for the next five generations isn't a fair analogy. The guy with the store (who had enough money to set up a store) made a decision.

Yeah, some drug dealers were kind of forced into it -- previous run-ins with the law, or family issues making so one has to find ways to make money to support a family before graduating high school and college. It's a sign of a horrible system. A society that shits on the lower class, minorities, etc. Yes, drug laws are a part of that. They are a modern day Jim Crow. They need to be changed.

I think states have the right to decriminalize the personal possession of marijuana (A $10 fine like a parking ticket if you're dumb enough to light up in front of a cop), but promoting the manufacture and distribution of a Schedule I drug isn't OK.

Also, the woman being described in the OP is a federal employee who swore an oath to defend the constitution. The constitution was interpreted to give Congress the right to set drug laws (that's a whole other can of worms), and to demand the US Attorney's Office prosecute violations of said laws. Should the laws be changed? Fuck yeah. Should she be allowed to ignore existing federal law? No. She's doing her job.

The administration lacks the balls to ask for changes to federal law. THAT is the leadership we need on the topic. I'm not holding my breath, though.

[Romulox]

78. So an argument in favor of the Drug War is...slavery was worse?

Truly, a stunning argument.

[bobclark86]

79. Did you even READ my post?

I take it no. Apparently you missed the bit about how I compared drug laws to Jim Crow and I think drug laws need to be changed -- in fact, I think the drug war is a colossal waste of time, money and lives. I just had a problem with the particular analogy.

<Ignore>

[Romulox]

80. I gave it the attention it deserved, to be sure. It was standard authoritarian apologia claptrap.

with an admittedly bizarre (e.g. "slavery was WAY worse than the drug war&quot red herring.

[Romulox]

81. Your first post to this thread was "Who cares if it's the law", btw. Way to move the goalposts! nt

[MindPilot]

85. I think he was being sarcastic with that one. n/t

[nadinbrzezinski]

39. I was expecting my local one

Pleasantly surprised, but Duffey is fanatical too

[hvn_nbr_2]

40. What I expected. Holder's "policy" is full of weasel words

The "policy" is camouflage lipstick on a wallowing Prohibition pig.

[dbackjon]

43. She needs to be fired

Otherwise, Holder and Obama are just blowing smoke

[KurtNYC]

45. Perhaps if California would legalize cultivation

of say 40 plants or less for personal use it would:

- take big money out of the equation
- minimize the high profile dispensaries which are the targets of federal enforcement
- stop people who are hiding grow operations in the national forests (which are now on fire), and
- provide the state with a bargaining chip in the on-going alignment of state and federal laws.

[JRLeft]

49. This is all about merit.

Some prosecutors see big drug busts as a way to get their name out. They may have ambitions of being a judge, a municipal, county, state, or federal DA. Police see the same opportunity, as a way to gain rank, or to eventually become Chief of Police or Commissioner.
And some on both sides see that as an opportunity to run for political office such as; congress, mayor, city council, etc.

Take away the merit and that will eliminate motivation for a lot of them.

[Bluenorthwest]

76. This woman is a United States Attorney appointed by Obama and she serves at his pleasure

Her actions are wildly unpopular in CA where voters oppose what she's doing.

[JRLeft]

88. I'm from CA, so I know. I am not defending Obama, but there is truth to what

I am saying.

[Jeff In Milwaukee]

51. Marijuana policy aside, I don't get this....

The owners say that they're complying with the law and make weed available only to people by prescription.

Haag seems to be saying that, "You're so big, you must be doing something illegal"

How can she do this without any specific violation of the law?

[MindPilot]

62. You will notice there are very rarely any arrests.

No, it is all about coercion. The landlords of the buildings used for marijuana operations receive letters threatening them with property seizure if they don't give the dispensary the boot.

Surely if the operations were that illegal, all these raids would result in arrests, charges, trials, and convictions.

It is just the jackbooted thugs of government making sure we the people know who is in change.

[Jeff In Milwaukee]

65. Aside from nasty-grams, I don't see what the government can do

If the dispensary is operating outside the law (which I highly doubt), then charge them with illegal distribution and shut the place down.

If they're within the law, what the hell?!

[Scuba]

71. Seizeure of assets is a major motivator for law enforcement. As always, follow the money.

[deutsey]

52. Bill Hicks might shed some light here...

"I think it's interesting the two drugs that are legal, alcohol and cigarettes, two drugs that do absolutely nothing for you at all; and the drugs that might open your mind up to realize how badly you're being fucked every day of your life? … Those drugs are against the law. He-heh, coincidence?"

[Politicalboi]

55. I bet she's getting paid off

By the police so they can still confiscate businesses and homes. She may have a chip on her shoulder because even though her name isn't spelled the same way she sure looks like a hag. Fuck you Hag.

[lsewpershad]

61. Haag or hog

either way it's funny IMHO.

[felix_numinous]

63. That's what I thought, healthy looking

-but when she or the ones she loves gets sick, and finds that pot is the only relief, then maybe a lightbulb will go on.

Sometimes people need to be taught by personal experience. Or not.

But Karma is a bitch.

[blackspade]

67. Haag is a drug warrior.

In other words, someone used to being able to abuse their power without consequences.

[Bluenorthwest]

83. Her actions would indicate that she serves the interests of the cartels which profit

from the prohibition she enforces against the will of the people.

[blackspade]

84. Exactly

[B Calm]

74. This little fascist needs to resign her post!

[Blue Owl]

77. Hey look it's the C Haag

As in "The Cannabis Hag"

[beevul]

87. This is what decades of propaganda and indoctrination lead to.

Zealotry.

[Niceguy1]

90. according to potus

The clinics must follow local and state laws. The ones in my area that were shut down (and theynlostbin court when they sued) were blantently violating CA's mwd mj laws....for kne they were making profits. .obscene ones at that.