D.A. Suggests Supervisors Ban Dispensaries

D.A. Suggests Supervisors Ban Dispensaries
Posted by CN Staff on October 10, 2007 at 06:49:06 PT
By James Burger, Californian Staff Writer
Source: Bakersfield Californian
California -- Kern County District Attorney Ed Jagels offered two suggestions to Kern County supervisors on the medical marijuana controversy Tuesday morning.Repeal the county's marijuana dispensary ordinance, he suggested. Or as a preferred alternative, he said, ban dispensaries, cooperatives and collectives.
State law allows marijuana collectives and cooperatives under strict conditions. But Jagels argued it is prohibitively difficult to operate a marijuana cooperative or collective that is actually legal under state law."It's almost impossible to operate one of these things that is legal," he said. And dispensaries, like those that closed down recently in Bakersfield, are illegal under federal law, Jagels said. "I agree with Mr. Jagels. It's nearly impossible to have legal operation," County Counsel Bernard Barmann said. Supervisors struggled with the consequences of following Jagels' advice. If they repeal the ordinance, supervisors said, they risk allowing dispensaries to proliferate without government regulation.Jagels said the county ordinance puts the sheriff, and his office, in a bind when prosecuting violations of the law. "If I'm in court prosecuting these individuals for distributing marijuana in violation of federal law, one of the things they're going to bring up is, 'I got a permit from the sheriff to do exactly that,'" Jagels said. He suggested supervisors get rid of the law that permits local dispensaries. "I do not think we benefit from the cooperative/collective licensing ordinance," Jagels said. Supervisors asked him if his second recommendation -- banning all collectives and cooperatives -- didn't violate provisions in state law.The county could "arguably be required to allow a valid cooperative or collective that distributes this stuff," Jagels said. But other counties have banned those organizations and have not been sued because operating one that is legal under state law is so difficult.Supervisors took no action on Jagels' recommendations Tuesday. Barmann said his office will soon come back with another report and ask the supervisors to take an official stance on the issue.Source: Bakersfield Californian, The (CA)Author: James Burger, Californian Staff WriterPublished: October 9, 2007Copyright: 2007 The Bakersfield CalifornianContact: opinion bakersfield.comWebsite: Medical Marijuana Archives 
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Comment #30 posted by FoM on October 11, 2007 at 15:54:33 PT
News Article from CBS 2 - KCAL 9
Medical Pot Activists Rally Outside Gov.'s OfficeOctober 11, 2007 
Original CBS 2 - KCAL 9 About 200 pro-medical marijuana activists demonstrated Thursday outside Gov. Arnold Schwarzenegger's office in downtown Los Angeles, demanding he do more to end federal raids on cannabis clinics.In a lively rally that lasted more than an hour, and was punctuated by the smell of pot, the protesters gathered outside the Ronald Reagan State Office Building to call on Schwarzenegger to urge the Bush administration to tell federal drug agents to back off.Representatives from Schwarzenegger's office were not immediately available for comment.Los Angeles City Councilman Dennis Zine did not attend Thursday's rally, but released a statement in support of the dispensaries."This year has seen a dramatic increase in federal law enforcement activity surrounding medical cannabis, including raids, confiscation of medicine and plants, and indictments," he stated.Orange County Board of Supervisors Chairman Chris Norby, who also did not attend the rally, also expressed solidarity with the protesters via e-mail.Norby urged Schwarzenegger to implement Proposition 215, the ballot initiative California voters approved in 1996 that legalized the sale and use marijuana for medicinal purposes.Marijuana is still an illegal drug under federal law.Opponents of medical marijuana say the dispensaries aren't regulated, attract crime and make it easier for everyone, not just those with serious illnesses like cancer and AIDS, to gain access to the drug.The demonstrators protested what they called illegal and intrusive raids conducted by federal drug agents on Los Angeles marijuana dispensaries that sell the drug to anyone with a doctor's prescription."An attack on safe access is an attack on patients," said Don Duncan, a man whose Hollywood dispensary, California Patient's Group, was shut down by the U.S. Drug Enforcement Administration on July 25."Los Angeles is where we're going to win the war for safe access in California," Duncan said.Duncan told reporters his dispensary sold marijuana, but was also a community center that featured massages and social activities for mostly older patients.Steph Sherer, executive director of Americans for Safe Access, a pro-medical marijuana group, urged Schwarzenegger to coordinate with the 12 other governors whose states have legalized medical marijuana to send a message to Washington."We are tired of coming and protesting about our medicine," Sherer said.Stephanie Landa, who is serving more than three years in federal prison for running a medical marijuana clinic, called Duncan during the rally to support the demonstrators.During the protest, uniformed LAPD officers and Los Angeles County sheriff's deputies stood by. At least one LAPD officer filmed the rally.One protester held up a sign that read: "Coming Soon: The Gov. in 'TERMINATE THE DEA.'"Numerous passing vehicles honked their horns in apparent solidarity.Copyright : 2007 CBS 2 - KCAL 9
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Comment #29 posted by fight_4_freedom on October 11, 2007 at 12:33:25 PT:
I would say the petition drive is going pretty well. But in order for us to have enough, we are going to have to give it our all in these remaining six weeks. About 2 weeks ago, someone told me we had around 250,000 raw signatures. But that figure may not be totally accurate. We need about 305,000 VALID signatures to get it on the ballot. And what worries me is that now all the big festivals are over with. It's getting colder and colder with each passing day. So it's going to take pure determination to get this thing done. But the good thing is, I believe we have that.SO ANYONE IN MICHIGAN THAT WANTS TO SEE THE MEDICAL MARIJUANA INITIATIVE ON THE BALLOT AND IS PHYSICALLY ABLE TO CIRCULATE PETITIONS, NOW IS THE TIME TO STEP UP TO THE PLATE. THIS IS OUR CHANCE TO SHINE. SO GET UP, GET OUT, AND GET THOSE SIGNATURES PEOPLE.THIS IS YOUR CHANCE TO BE PART OF HISTORY.CALL TODAY TO JOIN313-615-6702
Michigan Coalition for Compassionate Care
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Comment #28 posted by whig on October 11, 2007 at 11:33:00 PT
She really made the audience gasp.
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Comment #27 posted by Dankhank on October 11, 2007 at 11:09:12 PT
rose-colored glasses ...
and acquiescence required if you hang around The Dick ...
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Comment #26 posted by FoM on October 11, 2007 at 05:58:46 PT
nuevo mexican 
I say I say thank you very much! LOL!
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Comment #25 posted by FoM on October 11, 2007 at 05:53:56 PT
It really shocked me when she said what she said. It's all about our interests and nothing more is what I got out of her comment.
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Comment #24 posted by FoM on October 11, 2007 at 05:24:54 PT
You can tell I don't know anything about the Cheneys since I don't even know their names.
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Comment #23 posted by afterburner on October 10, 2007 at 23:21:33 PT
fight_4_freedom #12 
How is the Michigan Coalition for Compassionate Care (MCCC) medical marijuana initiative in Michigan for November 2008 going? They seem to have removed the graphic showing the progress toward the 300,000 signatures. What's going on? 
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Comment #22 posted by whig on October 10, 2007 at 23:00:46 PT
Liz is their daughter. Lynn Cheney is the one who was on.
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Comment #21 posted by Dankhank on October 10, 2007 at 22:27:04 PT
silly me ...
it was at the end, I think she said it by implication ...
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Comment #20 posted by nuevo mexican on October 10, 2007 at 22:06:42 PT
Check out the New Rules from Bill......
Speaking of banning dispensaries, someone should do a version this spoof of Bill, which makes it's point well, as to the common sense of 'availability'. Duh!Thanks for the link Mayan, I look forward to following them daily and FOM, for all of the great articles here and your thoughtful, entertaining and insightful posts, you're the Greatest!I like Bill sometimes, on Cannabis issues he's good, though he lost me with his anti 911-truther rant.O/T:
This is good, in case you missed it:9/11 Truthers Respond to Bill MaherBest viewed on full screen to see the detail, if your computer can do it, you'll be alot more impressed.From the comment section:
valerie1 (40 minutes ago) (Reply) 
Christine Todd Whitman (head of the EPA)said the air at the WTC site was safe to breathe. She lied. Many died and are still dying. I wonder what the anti conspiracy folks who trust the government so much think about that? Mayan and RP fans, 
can't argue with this!
And it's at Democratic Underground!Ron Paul on Hardball post-debate 10-09-07
php?az=view_all&address=385x61231Al Gore, think twice! takes out Full page ad in New York Times:
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Comment #19 posted by dankhank on October 10, 2007 at 21:52:08 PT
came in in the middle of her interview, will look at it again, soon
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Comment #18 posted by FoM on October 10, 2007 at 20:39:51 PT
Just a Comment
Did anyone see Jon Stewart interview Liz Cheney? She said at one point that there weren't interests in those countries he mentioned and got booed. Jon Stewart said they are our allies. That really shocked me.
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Comment #17 posted by mayan on October 10, 2007 at 18:25:49 PT
I wouldn't count on the fox to guard the hen-house.Thanks for that link, observer! It is clear that Paul is the only RepubliCrat with the balls to speak truth to power,end the drug war and get us out of the mess we're in. The fascist apparatus that brought us the last two stolen presidential elections,9/11,Iraq,Afghanistan,etc. is absolutely terrified of him so he must be doing something right...The Ron Paul Factor: Paul Wins Michigan Debate: PULLS ONLINE POLL SHOWING RON PAUL HANDILY WINNING TODAY'S DEBATE: Paul a 'Stranger' in the GOP: From Michigan: WAY OUT IS THE WAY IN...'9/11 Truthers' flip the bird at Bill Maher: Resoundingly Booed   Yankee Game: Trek (video): WAS AN INSIDE JOB - OUR NATION IS IN PERIL:
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Comment #16 posted by FoM on October 10, 2007 at 14:54:45 PT
I hope it goes well and please let us know, if you have time, how it went when you get back. 
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Comment #15 posted by Max Flowers on October 10, 2007 at 14:46:24 PT
Wish I could go...
This should have happened quite a while ago! Schwarzenegger has been allowed to skate on this issue for far too long...Give 'im hell!
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Comment #14 posted by OverwhelmSam on October 10, 2007 at 14:44:12 PT
I honestly believe that Ron Paul is the best bet for the almost immediate legalization of recreational marijuana use. His philosophy would at least leave it up to the state and municipalities where We The People have a lot more clout with politicians and elections.I read an article on drug war rant that confirmed what I've been thinking. There is a conspiracy among Republicans to keep marijuana illegal. It's like they've been briefed to keep marijuana illegal at all costs.
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Comment #13 posted by Graehstone on October 10, 2007 at 14:27:24 PT
Stand Up for Patients' Rights Rally
Anyone from here going? I shall perhaps see you there.On Thursday, October 11, 2007, ASA is calling on medical cannabis supporters to join us in a statewide mobilization to the Governor’s office in Los Angeles.What: Stand Up for Patients' Rights Rally
When: Thursday, October 11, 2007, starting at 12:00pm.
Where: Governor Schwarzenegger's Los Angeles District Office
300 South Spring Street, Los Angeles, CA 90013
Why: Governor Schwarzenegger needs to know that patients are being attacked and need their rights protected!
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Comment #12 posted by fight_4_freedom on October 10, 2007 at 14:14:40 PT:
I would have made the trip down
to Ann Arbor if I would have known about Ron Paul speaking. Looks like they had a good turnout too. Which sucks because I'm sure they could have used some more help petitioning.heres an article i just found from the baltimore sun. Sorry if it was already posted.Pot helps; policy hurtsSteve ChapmanOctober 8, 2007Through all his years in politics, despite the endless obligation to shake hands, smile for the cameras and coax money out of contributors, Sen. John McCain has somehow avoided becoming a complete phony. Annoy Mr. McCain, and you won't have to wait long to find out.Even a sickly, soft-spoken woman in a wheelchair gets no pass from him. The other day, at a meeting with voters in New Hampshire, Linda Macia mentioned her use of medical marijuana and politely asked his position on permitting it. Barely were the words out of her mouth before Mr. McCain spun on his heel, stalked away and heaped scorn on the idea."You may be one of the unique cases in America that only medical marijuana can relieve pain from," he said, in a skeptical tone. "Every medical expert I know of, including the AMA [American Medical Association], says there are much more effective and much more, uh, better treatments for pain." He also ridiculed the notion that police would arrest patients for using marijuana as medicine.It's refreshing that the Arizona Republican is willing to state his position with such unvarnished candor. It would be even better if he knew what he was talking about.Apparently he missed the news that federal agents recently raided the home of Leonard French, a paraplegic who had been authorized under New Mexico law to use cannabis for his condition. He now faces possible federal charges, not to mention that he was deprived of the medicine recommended by his doctor.As for medical experts, Mr. McCain could easily find plenty who testify to the therapeutic value of pot. The American Academy of HIV Medicine says that "when appropriately prescribed and monitored, marijuana/cannabis can provide immeasurable benefits for the health and well-being of our patients." The New England Journal of Medicine has called the federal ban on medical marijuana "misguided, heavy-handed and inhumane."It's true that arrests of patients are rare. But that's often little consolation. Consider the case of Angel Raich, a California cancer victim whose marijuana was confiscated in a federal drug raid. When she challenged the federal law, an appeals court ruled against her. But the court also had to acknowledge, "Raich's physician presented uncontroverted evidence that Raich 'cannot be without cannabis as medicine' because she would quickly suffer 'precipitous medical deterioration' and 'could very well die.'" But none of that mattered. In the end, the government and the courts gave Ms. Raich a choice: Obey federal law, or risk jail by using the only treatment that helped her.Bush administration officials often insist there are no definitive studies proving the curative powers of marijuana. What they omit is that the federal government has done everything in its power to prevent such research.That effort has not entirely succeeded, though. Recently, the journal Neurology published the results of one clinical trial of HIV patients. It showed that pot "effectively relieved chronic neuropathic pain from HIV-associated sensory neuropathy," with no adverse side effects.The mystery is not why anyone believes cannabis can be safe and effective therapy. The mystery is why so many politicians, particularly GOP presidential candidates - Ron Paul, a physician, being the heroic exception - are unwilling to consider the possibility, or to leave the matter up to the states.Wherever you look, public opinion supports medical marijuana. In Texas, a 2004 Scripps-Howard poll found that 75 percent of the people favor allowing it - including 67 percent of Republicans. Such red states as Alaska, Colorado, Montana and Nevada are among the 12 that have legalized medical marijuana.What Mr. McCain ought to say is that he would rather ignore medical opinion, and inflict needless pain on people whose doctors say they could be helped by marijuana, than admit the federal ban is a mistake. Now that would be real candor.Steve Chapman is a columnist for the Chicago Tribune. His column appears Mondays and Fridays in The Sun. His e-mail is schapman,0,5084495.story
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Comment #11 posted by observer on October 10, 2007 at 13:50:49 PT
news from U of MI 
Source: Michigan Daily (U of MI, Edu) (today), excerpt: 
... Before the speech began, a motley crew of supporters filled nearly the entire Diag. Some audience members circulated a petition to legalize medical marijuana. Some carried signs like the "Back to the Future" parody sign that read "Back to the Constitution: ... Music like The Beatles's "Revolution" and a reggae song featuring a chorus of "Ron Paul is here/Helping people everywhere" entertained some, but when an event organizer announced that Paul was still 15 minutes away at about 8 p.m., the crowd showered the speaker with a chorus of boos and chants of "We want Ron."When Paul finally appeared, the crowd erupted.In his speech, Paul also criticized the federal government's restrictions on drug use.He said the government shouldn't have the authority to override state laws legalizing marijuana for medical purposes."I believe in freedom of choice, but that doesn't mean I endorse everything you do," Paul said.Paul sponsored the States' Right to Medical Marijuana Act, a bill that would give each state discretion to decriminalize marijuana for medical purposes.LSA sophomore Andrew Kent, the executive director of the University chapter of Students for a Sensible Drug Policy, attended the event to get signatures on his petition to legalize medical marijuana."We don't have any position except on Ron Paul's (opposition to the) war on drugs," he said... 
Continues: When Ron Paul ran as a Libertarian in 1988, I can remember how difficult it was to get people to sign a petition to even allow him on the ballot. Most people were confused, thought I might be a Moonie/JW/LaRouchie/etc.. Most people also thought that signing a petition to merely allow others to vote for him (i.e. allow him on the ballot) was the same as endorsing him, and they certainly wanted no part of any of it. So it is refreshing to see how, 20 years later, the same ideas of freedom and liberty are really starting to catch on with people. Finally. 
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Comment #10 posted by FoM on October 10, 2007 at 13:18:45 PT
Slate: Rx for Reefer
October 10, 2007
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Comment #9 posted by OverwhelmSam on October 10, 2007 at 13:08:04 PT
This Pot Prohibition Is So Funny
Regular everyday religious families trying to do the right thing in lock step with their government's wishes get in trouble with the law and government agencies all the time, especially if they're using alcohol, beating their kids and cheating on their taxes. Pot smokers rarely seem to get in trouble, except the cop magnets who get caught for possession. Woo Hoo, pot possession, big deal.
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Comment #8 posted by OverwhelmSam on October 10, 2007 at 13:04:18 PT
If I were a thinking Cannabis Grower, I would shop for energy efficient lighting. Gets me about Cannabis Clubs too, why would they keep product and files related to their business in their homes? A thinking person would rent a small secluded office to keep separate items that should not be included in a bust. Maybe it's just me, but people should use their thinking caps.
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Comment #7 posted by museman on October 10, 2007 at 12:40:54 PT
The Sheriff
The Kern County Sheriffs have come a long way since Sheriff Dodge flew his copter to hassle the kids necking in their cars on the bluffs, (before Reagan got him to use it in the WOD) and sending in his 'boys' to smash up the hot-tubs at Box-Five hot springs. They actually learned to speak proper english! Altough they still need lessons in reality...
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Comment #6 posted by Mike on October 10, 2007 at 12:28:03 PT
Oops.. Wrong link!!)
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Comment #5 posted by Mike on October 10, 2007 at 12:25:35 PT
And in Canada..
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Comment #4 posted by OverwhelmSam on October 10, 2007 at 10:45:10 PT
To Every Cannabis and Freedom Lover
...We stand against the small tide of those who want to make everyone unhappy with conflicting theory and thought. We have our fingers in the dike. Hold steady. Don't let the torrent of melancholy and drear philosophy drown our world. We depend on you. I don't think you realize how important you are, we are, to our happy world as it stands now.~Ray Bradbury, Fahrenheit 451
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Comment #3 posted by fight_4_freedom on October 10, 2007 at 10:05:35 PT:
from the americans for safe access website
For Immediate Release: October 9th, 2007Advisory: Hundreds to Rally in LA, Urge Governor to End Medical Marijuana RaidsRepublican elected officials speak out against federal attempts to undermine state lawLos Angeles, CA -- Hundreds of patients and advocates are expected to rally in front of Governor Arnold Schwarzenegger’s Los Angeles office on Thursday, October 11, calling on him to stand up for patients’ rights and defend the state’s medical marijuana law by urging the Bush Administration to end the raids on patients and providers. The rally is being organized by Americans for Safe Access (ASA), a national medical cannabis (marijuana) advocacy organization.What: Hundreds rally to call on Governor to “Stand Up for Patients’ Rights”
When: Thursday, October 11 at Noon
Where: Los Angeles office of Governor Schwarzenegger, 300 South Spring St.
Who: Statements from Los Angeles City Councilmember and former LAPD officer Dennis Zine, and Orange County Supervisor Chris Norby; as well as the following speakers: medical marijuana patient and U.S. Supreme Court plaintiff Angel Raich; raided dispensary operator and advocate Don Duncan; recently raided edible-producer Michael Martin. ASA Executive Director Steph Sherer will MC the eventResponding to recent federal enforcement of medical marijuana, Los Angeles Councilmember and former police officer Dennis Zine said in a July 2007 letter to Drug Enforcement Administration (DEA) Administrator Karen Tandy that, “Voters in California and in Los Angeles support the medical use of cannabis and want safe, well-regulated access. Medical cannabis facilities are a community based response to the need for safe access and represent the State of California’s effort to fully implement California’s medical cannabis law.”Patients and advocates, angered by increased federal attacks on medical marijuana patients and providers, are calling on Governor Schwarzenegger to take action to end interference by the federal government in the state’s medical marijuana law. Paramilitary-style raids by the DEA have become routine since the June 2005 U.S. Supreme Court ruling in Gonzales v. Raich, which gave the federal government the discretion to arrest and prosecute patients.However, this year the DEA has conducted at least 44 separate raids of patients and providers, more than twice that of the prior two years. Illustrating the breadth of these attacks, the DEA has conducted raids in no less than 10 counties across the state and has shut down entire regions of access to medical marijuana. Bringing a new dimension to the federal effort to undermine state law, letters were recently sent to more than 150 landlords in California, threatening asset forfeiture and criminal prosecution if they continued to lease to medical marijuana providers.By contrast, the state has had its share of success in implementing Proposition 215, the Compassionate Use Act. After Governor Davis signed SB 420, the Medical Marijuana Program Act (MMPA), into law in 2003, Governor Schwarzenegger allocated more than $1 million to establish a statewide ID card program. In addition, more than 30 California cities and counties have adopted ordinances regulating medical cannabis dispensaries, which are now required to pay sales tax to the State Board of Equalization.“We cannot continue to effectively implement state law with this level of federal interference,” said ASA Executive Director Steph Sherer. “It is time for the Governor to hold the Bush Administration accountable for its actions and to fend off federal attacks so that we can avert further harm to patients.”The October 11 rally will culminate weeks of advocacy that resulted in more than 40,000 postcards sent to the Governor, as well as hundreds of phone calls and emails, all urging him to take action to defend patients’ rights. In addition to calling on the Governor to end the federal raids on patients and providers, advocates are seeking a directive from the Governor to local law enforcement discouraging cooperation with federal raids. Advocates are also urging Schwarzenegger to solicit support from Governors of other medical marijuana states in order to ward off federal interference. In August, New Mexico Governor Bill Richardson sent a letter to President Bush after the DEA threatened state officials with criminal prosecution if they implemented the state-mandated medical cannabis distribution system.
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Comment #2 posted by unkat27 on October 10, 2007 at 09:11:13 PT
Gotta better idea...
Why not ban low-IQ moronic prohibitionists instead?We can start with this DA, Ed Jagels. Hmm... did he get his position because of his name (JAG-els?) or did he change his name after he became a lawyer?Btw, was he a military lawyer? 
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Comment #1 posted by HempWorld on October 10, 2007 at 09:08:30 PT
All California officials are employed by the State
of California and are sworn to uphold California State Law and not Federal Law! If these officials do not uphold California Law they should be fired at once!The Federal Government is currently distributing and manufacturing Marijuana and has been for about 28 years. The Federal government thus does recognize the medicinal value of Marijuana and they are in violation of their own CSA (controlled substances act).Who is playing games here?
On a mission from God!
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