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Obama nominated Michele Leonhart as DEA Administrator, and the DEA is still raiding medical marijuana growers who are complying with state and local laws. A tragic failure by the administration.
"The DEA has gone rogue. Despite clear guidance from the Department of Justice directing them to do otherwise, agents are conducting raids of homes and businesses where the occupants are acting in compliance with state medical marijuana laws..
"..A recent raid in Mendocino County, California targeted a woman who had filed formal paperwork to grow medical marijuana, had paid a $1,050 application fee under the local ordinance, and whose operation had been inspected and approved by the local sheriff. When informed about this, the DEA agent in charge said, "I don't care what the sheriff says."
Obama nominated Michele Leonhart as DEA Administrator, and the DEA is still raiding medical marijuana growers who are complying with state and local laws. A tragic failure by the administration.
I thought states were supposed to be above the Fed?
Definitely not the first one. Definitely not the last.
We saw the contrary in Arizona today. We are well on our way to self destruction as a country.
Obama nominated Michele Leonhart as DEA Administrator, and the DEA is still raiding medical marijuana growers who are complying with state and local laws. A tragic failure by the administration.
"The DEA has gone rogue. Despite clear guidance from the Department of Justice directing them to do otherwise, agents are conducting raids of homes and businesses where the occupants are acting in compliance with state medical marijuana laws..
"..A recent raid in Mendocino County, California targeted a woman who had filed formal paperwork to grow medical marijuana, had paid a $1,050 application fee under the local ordinance, and whose operation had been inspected and approved by the local sheriff. When informed about this, the DEA agent in charge said, "I don't care what the sheriff says."
so what? FEDERAL law trumps state laws. Marijuana sale and distribution is illegal in the ENTIRE USA.
Until the law is changed on the Federal level, medical marijuana shops are still operating illegally.
Don't take this the wrong way; Im all for Marijuana being regulated for medical use only and only reputable pharmacies can distribute (not a mom/pop shop that has no regulation), but until the federal law is changed, nothing we can do about it, but to elect representatives that will push this.
so what? FEDERAL law trumps state laws. Marijuana sale and distribution is illegal in the ENTIRE USA.
Until the law is changed on the Federal level, medical marijuana shops are still operating illegally.
No... The Constitution sets up this hierarchy: the People over the State over the Fed. Only under explicit circumstances does the fed have the power.
The only thing in the Constitution that they use to justify blatant violations of state and human rights, is the commerce clause. Which if you look at Gonzalez v. Raich, you will see that it is the tiny thread they are hanging on to. Because the commerce clause only allows the fed to regulate interstate commerce, yet they use it to say they can regulate a person growing in their own home for med reasons, with no intent to sell!
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Don't take this the wrong way; Im all for Marijuana being regulated for medical use only and only reputable pharmacies can distribute (not a mom/pop shop that has no regulation), but until the federal law is changed, nothing we can do about it, but to elect representatives that will push this.
Electing representatives is not all we can do. Getting the word out like this thread is another thing to do. Urging current representatives is another.
There is also the principle of nullification. This allows the states to nullify federal law. During alcohol prohibition the states repealed their own phohibition laws before the feds repealed theirs, saying that the laws were unenforceable. This left it up to the feds to either repeal the federal law or try to enforce it across all the states by themselves. The principle of nullification is based on the idea that the federal government can not interpret it's own scope of power, otherwise the Constitution is no longer a limit on the federal government. Many people believe the feds have done exactly this. The federal prohibition on marijuana, not involved in actual interstate commerce, is not sustainable under any reasonable interpretation of the Constitution. If you read the court decision you will read some of the most twisted logic I've ever seen. Unfortunately the Supreme Court sided with the feds when they had the chance to overturn marijuana prohibition, so now it is left up to the states. As more and more states pass medical marijuana laws and decriminalization it will become harder for the feds to argue that marijuana should remain a schedule 1 drug. Once marijuana is reclassified things can really move forward. Recently the VA directed VA hospitals that veterans are entitled to benefits even if they are using medical marijuana as long as they are in a medical marijuana state. This puts the VA at odds with the DEA and is another nail in the coffin of marijuana prohibition.
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Not really
