Calif. pot dispensaries told by feds to shut down

[Hydrosun]

Let’s see. I suspect 280E can readily be traced back to claimed legislative authority of the Commerce Clause. This authority would properly be restricted to international - interstate trade.

I suggest the Cannabis materials proffered can be shown to be of domestic California production and not items of interstate trade subject to Federal Regulation.

Congresses taxing power is plenary and 280E mentions nothing about interstate commerce.

Congress chose to disallow these businesses expenses to punish the business owner, not to regulate interstate commerce.

Remember the luxary tax on autos over $30K and on boats? Well that killed the boat building industry and was a stupid idea, but that didn't mean congress enacted the tax inappropriately.

280E is bad law and the only real hope is that the 9th circut makes a similar ruling as federal judge who allowed payroll deductions as caregiveing expense (NOT and expense of drug trafficking).

Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal purposes. (wiki)

AND even where the production is entirely for personal home consumption.

Because of this case I think we need to look away from the commerce clause and towards other remedies (such as 14th amendment equal rights protections).

 

[HempKat]

The simple fact that they are sending letters and asking dispensaries to close rather than coming out all guns blazing is their admission that these threats are nothing but empty threats.

Not necessarily, it could also be acknowledgement that the Federal Government has allowed these places to flourish by not enforcing Federal law all along and therefore they're giving these places a chance to shut down before the government does start enforcing the law.

I just don't get it though, why? I mean one would speculate that it's because they consider marijuana to be harmful. However if that is the case then why not take the same stance with Tobacco and alcohol and make them illegal as well since they are proven harmful. Of course the reason they don't try that with tobacco and alcohol is because both those bring in way too much tax revenue to give up. Which then begs the question of why not let people have marijuana and tax it too just like with alcohol and tobacco?

 

[Paco]

although i can see this as the most backhanded way to legalization by the obama administration, if it is, it will backfire so badly we will be seeing legal precedents being set within the next few months that MMJ in our hands will be all but gone. Good luck everyone. this is just too sad.

 

[Mrs.Babba]

I work at a dispensary, I havent heard anything about this yet. I think my boss would have said something if she had to close down.

 

[Smoke Buddy]

Those that have mentioned that big pharma may be playing a part, its a valid thought... this was released yesterday.. Coincidence?
Check this:
http://www.marketwatch.com/story/ca...d-october-2011-new-product-release-2011-10-06

"press release

Oct. 6, 2011, 1:49 p.m. EDT

Cannabis Science Announces Manufacturing is Underway for Scheduled October 2011 New Product Release
DENVER, Oct 06, 2011 (BUSINESS WIRE) -- Cannabis Science, Inc. /quotes/zigman/549794 CBIS -4.78% , a pioneering US biotech company developing pharmaceutical cannabis products, is pleased to announce manufacturing is underway for its upcoming release of the first Cannabis Science brand of products. The Company expects to receive the first sample for market release testing in a few days. The Company will then announce the formal release of the products through its designated suppliers."

------------------
Personally, I dont see dispensaries as competition to these pharma guys anyway. Obviously, if you are a cancer patient and you are under chemo and you have lost your apetite, you can def benefit from smoking. The benefits from smoking canna are many. But how many of the people walking through the dispensary door would choose a pill over herb? Very Very few. The point is, these are 2 different markets. If you are trying to kill the cancer, ie: Rick Simpson method, you wont get enough from smoking or vaping. You need concentrates. So I think its good there will be pills for people who want to saturate with a clean product (In a perfect world) versus a home made oil that very easily could have some solvent or nastiness in it. I have been making oil for a patient who is terminal and now she doesnt need her pain pills any more after about a month on the oil. So I believe in the oil big time. I wish more people realized what a natural healer canna is. Very few are really using it as the cure it is. Anyhow, the clubs may be gone shortly leaving only homegrown or a pill. The pill may actually help more seriously ill people so I dont want to poopoo it too much. Its a good idea. I dont support drug companies at all but I do think this pill may be good from a seriously ill patients point of view. The question I have is: Isnt it better to have the entire spectrum of canabiboids to ingest, as nature made it, rather than an extracted single or abbreviated cannabinoid profile in order be effective? I have a gut feeling that nature provided a properly balanced medicine.

I applaud the dudes who had the BIG BRASS BALLS to actually open a dispensary. The party may be over. The profit will now return to the little guys. I know allot of people will be happy about that. Dispensaries have driven the wholesale price into the dirt and the retail price into the sky with a handfull of peeps making a pile of cash and almost everybody else in the loop struggling... and growing more than they would have because the price is so low. This will ease the pain at the grower level, unless of course they have no grey outlet... then it may not be so easy.

One more thing: Obama = EPIC FAIL.

peace

 

[itisme]

VOTE RON PAUL!!!!

 

[mrcreosote]

Yup,
You're right. I forgot about Gonzales v. Raich settling ICC question as far as MMJ goes.

Justice Thomas' dissent raises the obvious question that the ICC can be so broadly defined
as placing NO limits on the Feds should they choose to use it.
This ultimate loophole law needs to be attacked again and again but it will have to be through other issues other than MMJ. SCOTUS will consider it settled and will not revisit it.

Good point about the 14th.

 

[SeaMaiden]

Did all of you miss this? It's not just the feds. Maybe if I make the text BIGGER....

Cities can't give permits to pot clubs, court says

Bob Egelko, Chronicle Staff Writer
Thursday, October 6, 2011

Federal law prohibits California cities from issuing permits to collectives authorizing them to supply marijuana to medical patients, a state appeals court has ruled, raising questions about the scope of local regulation of pot dispensaries.

In overturning a Long Beach ordinance, the court said the city went a step beyond California's action in 1996, when state voters eliminated criminal penalties for patients who used marijuana with a doctor's approval.

Deciding not to prosecute someone for drug use doesn't conflict with the federal ban on marijuana possession and distribution, the court said. It also said a city's restrictions on marijuana dispensaries, such as limiting their locations and operating hours, wouldn't violate either federal or state law.

But by issuing permits that let a certain number of pot collectives operate within city limits, the court said, Long Beach has put a stamp of approval on an activity that federal law forbids and is interfering with nationwide drug enforcement.

"The city's ordinance ... goes beyond decriminalization into authorization," the Second District Court of Appeal in Los Angeles said in a 3-0 ruling Tuesday.

Long Beach could appeal to the state Supreme Court or could try to revise its ordinance, either by following the appellate panel's guidelines on regulations or by banning dispensaries altogether. The city attorney's office did not respond to a request for comment Wednesday.

Medical marijuana advocates said the ruling, if it stands, will set new criteria for the diverse rules on pot suppliers adopted by many cities and counties since California voters approved the law in 1996.

"It makes it more difficult for cities (to regulate), but I don't think it eliminates their authority," said attorney Michael Risher of the American Civil Liberties Union in San Francisco. He said cities could apply health, safety and zoning laws to marijuana collectives.

Although the ruling appears to prohibit local governments from limiting the number of suppliers by issuing permits, a city could largely reach that goal by requiring dispensaries to locate in certain zones and at certain distances from each other, said attorney Ruthann Ziegler, who has represented cities in other marijuana cases.

The Long Beach ordinance limits dispensary locations and operating hours, sets safety standards including laboratory testing of the drugs, and requires dispensaries to pay a nonrefundable application fee of more than $14,000 and an annual renewal fee of at least $10,000 if they win a lottery for a permit.

But Matthew Pappas, lawyer for two patients who challenged the ordinance after their collectives did not qualify for permits, said Long Beach is actually trying to ban medical marijuana collectives. He said one client's dispensary was the target of a raid in May by more than 25 officers who used a battering ram to break down the door.

"Patients don't have any problems with reasonable restrictions," Pappas said. But he contended a local ban on dispensaries would violate federal disability law, a position he argued in another Southern California case now pending before a federal appeals court.

 

[resinryder]

Well, Obama is going to be hitting California hot and heavy campaigning real soon. Maybe every time he shows up you guys be outside his events and make so much noise he has to hear ya.

 

[Bi0hazard]

I really hope they don't evict the dispensaries by putting pressure on the people renting it to them. This would be such a step backwards for the safe and effective medical cannabis movement.

And don't they have better things to do than further attack the economy of California?

 

[JHerbz]

Im really worried, so this is like a forsure thing happening or what?
I live in socal(orange county) and have my med card, cant grow for myself yet for reasons. And if they take my dispensary's away wtf am i gonna do?? where am i gonna get my wax's??

 

[Leon Brooks]

Thank you anti-prop 19 kids for letting the Fed gov. know "we" don't want cannabis in our state.

Are patients next?

 

[StoicStoner]

Thank you anti-prop 19 kids for letting the Fed gov. know "we" don't want cannabis in our state.

Are patients next?

People warned 'em. I wasn't signed up here, but I was lurking, heavily lurking. I saw the predictions... if 19 fails they're coming after medical next. Sure enough, the statements were issued and here we are. I hope you guys that voted nay are happy. Top price for pounds ain't gonna mean shit when you ain't go nobody to sell it to. Let this be a lesson.

 

[StoicStoner]

http://www.lawfuel.com/releases/fou...argeting-commerical-marijuana-industry-30137/

They are going to announce further plans for the crackdown at 11 AM California time. Be ready, be vigilant.

 

[JHerbz]

I really fucking hope my dreams arent crushed

 

[Budweiser13]

This really sucks but sorry to say I seen this coming this plant will never be legalized very sad. Well back to Black Market I expect prices to also go up

 

[kmk420kali]

this is basically what happened in michigan... dont you guys belong to the union UFCW?

what are they saying about that???

Actually, I spend 99% of my time out in the desert with the plants-- I don't get much time to talk with my Employers about this-- To be honest, I have no idea if we are members, but I don't think so--

 

[PeterGriffin843]

If that happens drug dealers make more?

 

[Tokin' KneeGrow]

shit'll be $8K an elbow by christmas

californy here I come!

 

[Budweiser13]

Also a while back a news article came out form some health organization (Doctors from some where) stating that cannabis has no medical benefits what so ever very sad...