Conflicting Federal Laws beg to differ on Marijuana enforcement

Posted on July 9, 2015

0


It Is interesting to follow the news on Marijuana/Cannabis/Hemp these days.  It seems that the law enforcement agencies have a really hard time deciphering which laws they can enforce and which ones to "not" enforce.

The Federal Government has previously issued  "policy guidelines" to help "guide" the differing agencies through the process of elimination but they still seem to be confused.

To refresh their memory I am inserting the link to that information HERE. 

Prior to that the "Guidance Regarding Marijuana Enforcement" was issued on August 29, 2013 to help ease enforcement issues as well.  The link to that information is HERE as well.

It is documented fact that they did "raid" an Indian Reservation yesterday where the Federal Government seized 12,000 Marijuana Plants along with some Marijuana packaged for sale.

A surveillance photo taken June 19 from the northbound shoulder of Highway 395 in rural Modoc County shows part of a large marijuana manufacturing site on the XL Ranch, which is American Indian land belonging to the Pit River Tribe. The white pickup truck belongs to a private security firm contracted to guard the site.

"By Denny Walsh

dwalsh@sacbee.com

Law enforcement officers from at least four agencies on Wednesday swooped onto American Indian land occupied by two tribes in Modoc County and seized at least 12,000 marijuana plants and more than 100 pounds of processed marijuana.

In a release announcing the raids, Benjamin Wagner, the U.S. attorney in the Sacramento-based Eastern District of California – which includes Modoc County – emphasized, “Other than contraband marijuana and items of evidentiary value, no tribal property was seized and no federal charges are pending.”

Warrants signed Tuesday by U.S. Magistrate Judge Carolyn K. Delaney authorized federal agents to search “two large-scale marijuana cultivation facilities located on federally recognized tribal lands at the Alturas Indian Rancheria and the XL Ranch in Modoc County.” The county forms the northeast corner of California, with Oregon on the north and Nevada on the east.

Read more here: http://www.sacbee.com/news/local/article26834551.html#storylink=cpy  "

While surfing the WWW for further information about this the following article was found regarding enforcement of "Federal Law".  Published April 2, 2015 in a Press Release by Drug Policy Alliance (DPA),

"Press Release | 04/02/2015

U.S. Justice Department Says It Will Ignore Federal Law and Prosecute People for Medical Marijuana Despite Congressional Spending Ban

Congress Passed One-Year Amendment in December Prohibiting Justice Department from Undermining State Medical Marijuana Laws; Members of both Parties Sought to Stop Prosecutions and Let States Set Their Own Medical Marijuana Policies

Drug Policy Alliance Calls on President Obama to Rein in Out-of-Control Prosecutors

A spokesperson for the U.S. Department of Justice (DOJ) told the Los Angeles Times that a bi-partisan amendment passed by Congress last year prohibiting DOJ from spending any money to undermine state medical marijuana laws doesn’t prevent it from prosecuting people for medical marijuana or seizing their property. The statement comes as the agency continues to target people who are complying with their state medical marijuana law. This insubordination is occurring despite the fact that members of Congress in both parties were clear that their intent with the amendment was to protect medical marijuana patients and providers from federal prosecution and forfeiture.

Read more here:  http://www.drugpolicy.org/news/2015/04/us-justice-department-says-it-will-ignore-federal-law-and-prosecute-people-medical-mari   "

 

All of this only serves to prove the theory that the only way to "make marijuana lawful" for everyone to grow and consume is to fight for the REPEAL OF THE PROHIBITION LAWS which have enslaved us for so long.

Of note, I found this article: 

"PREEMPTION UNDER THE CONTROLLED SUBSTANCES ACT  ROBERT A. MIKOS

States are conducting bold experiments with marijuana law. Since 1996,

eighteen states and the District of Columbia have legalized the drug for medical

purposes, and two of them have legalized it for recreational purposes as well.

1

These states have also promulgated a growing body of civil regulations to replace

prohibition. The regulations cover nearly every facet of the marijuana market.

Colorado, for example, has adopted more than s

eventy pages of regulations governing just the distribution of medical marijuana."

The link to this journal article is HERE.

Moving right along, I am going to input an article written by JackieTreehorn on a Forum concerning repeal of the CSA because, well, I could not have written it better myself – so I am inserting his wisdom here:

"

Lawmakers, sign on now, to repeal the Controlled Substances Act of 1970 (CSA). Without this authority, the ill-conceived War On Drugs (WOD) stops in its tracks. No one has talked about the War On Drugs for a long time. It has not gone away. We still squander scarce resources on the fight against ourselves, at a time when foreign enemies are at the gate. Enough is enough, too much is too much, and more of this futile war would be the height of fiscal irresponsibility. Do now, for the War On Drugs, what the 21st Amendment did for the 18th, and with it, alcohol prohibition. Stop throwing good money after bad.
We should have learned a lesson from alcohol prohibition, namely that it doesn’t work.

Isn’t there enough blood in the streets already, without continuing to shoot ourselves in the feet? Do we really need to ruin the lives of so many of our own children, perhaps on the theory it is for their own good?
The CSA is unconstitutional. The CSA never had a constitutional amendment to enable it, like the 18th amendment enabled alcohol prohibition. The drug warriors have, so far, gotten away with an end run, subverting the lack of constitutional authority.

An authority over Interstate Commerce provides a pretext of constitutionality. Any excuse is better than none. So, how is that interstate commerce going, these days? Why would a bankrupt treasury distain to derive revenue from its number one cash crop? The anti-capitalist policy inhibits small farmers from cultivating for a taxed market, and gifts a tax-free monopoly to outlaws, some of whom may be friends of our enemies. This is not what the founders had in mind when they authorized meddling in interstate commerce. Lets bring the underground economy into the taxed economy. The Supreme Court got it wrong in Gonzales V Raich. Good on Clarence Thomas for noticing that the so-called constitutionality of the law is a mockery.   www.law.cornell.edu/supct/html/03-1454.ZD1.html

How did we get this CSA? Was there an informed debate on the floor? Did the substances ever get their day in court? What congressman then, or now, would admit to knowing a thing or two about LSD? The lawmakers have never wanted to know more than it is politically safe to be against it. Governments around the world ignore fact-checkers and even their own reports. Forgive them, Lord, they make it their business to know not what they do. Common sense tells us that personal experience deepens the understanding of issues. Personal experience is a good thing. But we herd the experienced to the hoosegow. We keep them out of jobs. The many who avoid detection must live double lives.

congressmen who passed the CSA probably don’t even get it that they deny freedom of religion to those who prefer a non-placebo as their sacrament of communion. Congress shall make no law prohibiting the free exercise of religious freedom, says the First Amendment. But they did.

Many of the prohibited substances provide access to unique mental states. You can’t say your piece, if you can’t think it up. You can’t think it up, if you are not in a receptive state of mind. Neither the Constitution, nor its amendments, enumerates a power of government to prevent access to specific states of mind. How and when did the government acquire this power, to restrict consciousness and thought? Congress shall make no law abridging freedom of speech, says the First Amendment. But they did.

What would happen if the CSA was enforced one hundred percent? What if all the civil disobedient turned in notarized confessions tomorrow? That is a double digit demographic. Even after years of spending more on prisons than on schools, the prisons don’t have that kind of sleeping capacity. Converting taxpayers into wards of the state mathematically increases the tax burden on the remainder. Higher tax burdens are not what the doctor is ordering at this time.

None of these substances are alleged to be as harmful as prison is. Granny’s justice is a saner benchmark. A kid caught with cigarettes must keep on smoking them, right then and there, until he or she has wretched. Drugs are sometimes accused of causing paranoia, but it is prohibition’s threat of loss of liberty, employment, and estate, that introduces paranoia. Apparently it is true that some of these substances do cause insanity, but the insanity is only in the minds of those who have never tried them. There shall not be cruel and unusual punishment, says the Eighth Amendment. But here it is, in the CSA.

In the 1630’s, the pilgrims wrote home glowingly that the native hemp was superior to European varieties. Now, the government pretends it has a right to prohibit farmers from the husbandry of native hemp, but it so doesn’t. Could an offender get a plea-bargain, by rolling over on someone higher up in the organization? The farmer does nothing to nature’s seed that God Himself does not do when He provides it rain, sunlight, and decomposing earth. How can it be a crime to do as God does? Is the instigator to get off scot-free, while small users are selectively prosecuted? God confesses, in Genesis 11-12, it was He who created the seed-bearing plants, on the second day. Then, He saw they were good. There you have it, the perpetrator shows no remorse about creating cannabis or mushrooms. Neither has He apologized for endowing humans with sensitive internal receptor sites which activate seductive mental effects in the presence of the scheduled molecules. Book Him, Dano.

Common Law must hold that humans are the legal owners of their own bodies. Men may dispose of their property as they please. It is none of Government’s business which substances its citizens prefer to stimulate themselves with. Men have a right to get drunk in their own homes, be it folly or otherwise. The usual caveats, against injury to others, or their estates, remain in effect.
The Declaration of Independence gets right to the point. The Pursuit Of Happiness is a self-evident, God-given, inalienable, right of man. The War On Drugs is, in reality, a war on the pursuit of happiness. Too bad the Declaration of Independence is not worth much in court.

Notwithstanding the failure of the Supreme Court to overturn the CSA, lawmakers can and should repeal the act. Lawmakers, please get to it now, in each house, without undue delay. Wake up.
Who has the guts to put America first and not prolong the tragedy?

We don’t need the CSA. The citizenry already has legal recourse for various injuries to itself and its estate, without invoking any War On Drugs. We should stop committing resources to ruin the lives of peaceful people who never injured anyone. If someone screws up at work, fire him or her for the screw-up. The Books still have plenty of laws on them, without this one.
Without the CSA, the empty prisons could conceivably be used to house the homeless. Homeland security might be able to use the choppers that won’t be needed for eradication. Maybe the negative numbers that will have to be used to bottom-line our legacy to the next generation can be less ginormous.

Cannabis has a stronger claim to the blessing of the state than do the sanctioned tobacco and alcohol. Cannabis does not have the deadly lung cancer of tobacco, nor the puking, hangover, and liver cirrhosis of alcohol. To the contrary, cannabis shows promise as an anti-tumor agent. Nor is cannabis associated with social problems like fighting and crashing cars. Cannabis-intoxication is usually too mellow for fighting, and impaired drivers typically drive within the limits of their impairment. The roads will be safer, if slower, for every driver that switches from drink to smoke. Coffee drinkers cause more serious accidents by zipping in and out of traffic and tailgating. To assure public safety on the road, cops need a kit to assess driving competence and alertness objectively. Perhaps science can develop a virtual reality simulator. Hopefully it could also detect drowsy, Alzheimer’s, and perhaps road-raging, drivers.

John McCain should recuse himself on the CSA repeal issue, due to the conflict of interest of potential competition for his family beer franchise. Both candidates have promised to end ‘failed programs’, but neither has issued a timetable, or a roadmap, for standing down on the WOD.

The debate how a crippled USA can manage ‘the two wars’ is blind. Hello, there are three, not two, wars. The War On Drugs has not let up, after 38 years of failure. Its costs are in the ballpark of the foreign wars. There is no lower-hanging, riper, or higher yielding budgetary fruit than to stop this third war, cold turkey. We are making new enemies faster than we are killing the old ones. We are losing old friends. In this national crisis of global humiliation, we should cut a little slack to those who still love the United States of America, no matter what they may be smoking. Stave off national meltdown, by repeal of the CSA, this week, if possible. TIA.

Without the War On Drugs, Americans can come together as a people in ways that are not possible with so many of our best and brightest under threat of disenfranchisement."

The LINK to the above "Forum post" is HERE.

In conclusion I must reiterate what I have said before that if we want to end the war on drugs we must start by "repealing" the statutes which gave the Government and law enforcement agencies the power to enforce an unconstitutional statute to begin with.

http://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf

http://www.justice.gov/sites/default/files/tribal/pages/attachments/2014/12/11/policystatementregardingmarijuanaissuesinindiancountry2.pdf

http://www.sacbee.com/news/local/article26834551.html

http://www.drugpolicy.org/news/2015/04/us-justice-department-says-it-will-ignore-federal-law-and-prosecute-people-medical-mari

http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1287&context=jhclp

http://www.ar15.com/forums/t_1_5/773950_Call_for_Repeal_of_the_Controlled_Substances_Act_of_1970.html

Advertisements
Posted in: CANNABIS, JUSTICE, LATEST