Feds order California marijuana dispensaries to close

[Scotteq]

I still don't get how this falls under Federal Jurisdiction, isn't it a state matter?

Also why did they only target 16 shops? That's a tiny fraction of dispensaries.

If it so chooses, the feds can override state laws.

Federal law supersedes state law and according to federal law weed is illegal.

..and don't forget the Feds can pull all their subsidies, assistance, and cut programs to states who don't toe the line.

Look at the issue from that perspective, and I'd bet the math is compelling.

 

[guyver01]

Marijuana remains a Schedule I drug under the federal Controlled Substances Act, making it illegal anywhere in the United States.

Article VI, Clause 2 of the United States Constitution, known as Supremacy of National Law , establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.



In Gonzales v. Raich, the Supreme Court found that a Congressional act to prohibit marijuana outright is valid even when it conflicts with state laws that allow exceptions for medical necessity because banning marijuana falls under Congress's authority to regulate interstate commerce under the Commerce Clause.

Furthermore, in California v. ARC America Corp, the court found (according to Wikipedia) that "if Congress expressly intended to act in an area, this would trigger the Supremacy Clause and nullify State action."

 

[Wordplay]

No. That's what has made our country free and great.

See:


Don't forget it.

So what about the Supremacy Clause? Also the Controlled Substance Act of 1970?

EDIT: Looks like guyver covers it.

 

[EagleKeeper]

I am disappoint, part of Obama's platform was he was going to instruct the DEA to leave the Cally MJ industry alone, what a lie, then he pops on the $.80/pack on cigs to fund some insurance for kids program and since most who smoke reside in the lower income bracket it wound up being a tax on the poor or lower middle class, no vote from me next time around buddy, you blew it IMO..

The thread over in P&N has the exact details.

To summarize; Houlder stated that the Feds would leave the MMJ along as long as it was not being abused. It became openly abused in CA.

MMJ was to be used for those that needed it; not those that wanted it.

There is plenty of evidence here on AT itself that point to abuse; admitted recreational users that take advantage of an MMJ card to "legally" get it.

 

[BladeVenom]

There is plenty of evidence here on AT itself that point to abuse; admitted recreational users that take advantage of an MMJ card to "legally" get it.

So by cracking down, they can stop the abuse. The way pain killers aren't abused. Brilliant plan. No suprise, Holder is also behind fast and furious.

 

[guyver01]

so what about the supremacy clause? Also the controlled substance act of 1970?

Edit: Looks like guyver covers it.

gmta

 

[Wyndru]

Not surprising. The whole system has become a joke. It was supposed to be for medicinal purposes, now every stoner with a headache has a card.

I have no problems with the gov legalizing it, but this particular system was set up for a specific reason and now the abusers have ruined it for the people that actually need it.

 

[Patranus]

Thank you FDR.
He continues to shit on this country +65 years after his death.

 

[Paladin3]

Not surprising. The whole system has become a joke. It was supposed to be for medicinal purposes, now every stoner with a headache has a card.

I have no problems with the gov legalizing it, but this particular system was set up for a specific reason and now the abusers have ruined it for the people that actually need it.

This.

 

[KingGheedora]

That article and most of the posts in this thread ignore the details. This article explains better what's going on:

http://www.scpr.org/news/2011/10/07/29305/feds-announce-california-pot-dispensary-crackdown/

 

[Zebo]

Yup, the cartels are probably jumping for joy over this shit.

I really hope Obama is just waiting for his second term before doing anything about marijuana. Legalizing it now would only cost him votes.

Yeah I'm sure he'll get right on that after he's putting the Federal heat on California dispensaries.

 

[Patranus]

That article and most of the posts in this thread ignore the details. This article explains better what's going on:

http://www.scpr.org/news/2011/10/07/29305/feds-announce-california-pot-dispensary-crackdown/

We get it. The federal government is using "progressive" perversion of the constitution (thanks FDR) to regulate intrastate commerce.

Why they are doing it is irrelevant to the discussion.

 

[zinfamous]

Smart thing to do in difficult economic times - close down legitimate businesses in favour of illegal counterparts.

Indeed. this is fucking preposterous.

I know there are far more important issues out there, but this is one of those where Obama has done a complete 180 from his campaign to his administration.

I'd like to say that it's bowing to pressure/seeking the attention of conservative idiots that are afraid of drugs and false morality, but the Feds upped the pressure within one week after he took office.

He flat-out lied about this one.

 

[KingGheedora]

We get it. The federal government is using "progressive" perversion of the constitution (thanks FDR) to regulate intrastate commerce.

Why they are doing it is irrelevant to the discussion.

Good luck finding people who want to argue with you about that.

 

[Specop 007]

The entire "medical marijuana" industry is so corrupt anyways theres little difference between getting your weed from the cartel versus from your neighbor down the street.

Frankly its just a license to grow and distribute. They either need to legalize it in the same manner as alcohol or close it all down and be done with it.

 

[zinfamous]

Not surprising. The whole system has become a joke. It was supposed to be for medicinal purposes, now every stoner with a headache has a card.

I have no problems with the gov legalizing it, but this particular system was set up for a specific reason and now the abusers have ruined it for the people that actually need it.

very true. I think just about everyone I know has a card. None of them have chronic pain or are undergoing chemo. It's BS.

Then again, I've always been 50/50 with the current situation in CA. This needs to be an "everywhere or nowhere" type of law.

Talk about waste when it comes to government spending--fucking "War on drugs." President Fox (Mejico) was recently bitching about American pot smokers have blood on their hands regarding violence in his country--which is complete bullshit (not a single dispensary is involved with dirt-ass shitty Mexican weed), and their business is relatively insignificant in the state.

want to end this shit? legalize it everywhere, and eliminate the demand for shitty, mexican cartel weed. It's as if we have no precedent for this exact situation in our own history...

:hmm:

 

[zinfamous]

Thank you FDR.
He continues to shit on this country +65 years after his death.

won't have nearly the impact that Reagan has had, and will have. welcome to your saint's paradise. 10% unemployment. Praise be to Reagan!

 

[Corporate Thug]

nice 180 Obama...

 

[Eli]

LOL @ the system being abused. Of course the system is abused, every system is abused. Welfare? Check. Contraband cigarettes? Check. Underage drinking? Check.

The implication being that because the system is abused, it should just be shut down? That's nonsense.

If someone wants to get some weed, they're going to get some weed. There is NOTHING that is going to stop them. So why not tax and regulate it? Sure, there will be people who buck the system, just like there always has been. But at least its an attempt to make it legitimate, rather than just sweeping it under the carpet, plugging your ears and going "La la la la la".

All that does is give money to the criminals. These businesses pay taxes.

And the way marijuana is regulated under "interstate commerce" has got to be one of the biggest crocks of shit in our countries history. It took an amendment to the constitution to make alcohol illegal. Why didn't it take the same thing to make marijuana illegal? Because our own government found a loophole; it could control marijuana with an interstate commerce clause.

How convenient.

 

[nboy22]

I find it amazing that the federal government can't take a fucking hint. What's it gonna take? All the states legalizing for them to finally get the hint that no one really cares? I mean there's already 16 states that have legalized it, you would think more people in the federal government would look at that and say, "Gee, maybe we should just legalize it." Not to mention all the illegal drug cartels would have a tougher time which is another plus. Also the tax revenue from it would be amazing (alcohol makes the governments 5.6 billion dollars a year, and I'm willing to bet MJ would give billions as well).

For being called the land of the free, we are anything but free.

 

[OILFIELDTRASH]

Back in high school I saw a guy get hooked on weed. He would shake sometimes and get violent if he went without for a few days. Last I heard he was selling ass on the corner for his weed fix.

 

[Eli]

Back in high school I saw a guy get hooked on weed. He would shake sometimes and get violent if he went without for a few days. Last I heard he was selling ass on the corner for his weed fix.

Don't feed the troll.

 

[911paramedic]

Illegal dealers and growers must be rejoicing to those news. Profits made easy thanks to Obama.

QFT

The major pot growing area up here in northern california didn't come close to legalizing it in the elections. They are laughing all the way to the bank (again) with this move.

 

[xanis]

Jesus Tapdancing Christ... this is so stupid it hurts. With all of the other shit that's wrong with this country, we're worrying about legal pot shops?

 

[OILFIELDTRASH]

I always heard it was a gateway drug. All the guys in high school I knew that smoked weed ended up doing other drugs like crack.