cannabisnews.com: Brown Doesn't End Pot Debate





Brown Doesn't End Pot Debate
Posted by CN Staff on August 27, 2008 at 07:03:57 PT
By Wendy Leung, Staff Writer
Source: Daily Bulletin
California -- If state Attorney General Jerry Brown's medical-marijuana recommendations released this week were meant to clarify a muddied issue caused by conflicting state and federal law, not all local officials saw the light. Some welcomed Brown's effort to protect legal dispensaries and patients, but others believed the guidelines released Monday were far from the final word.
San Bernardino County and its Sheriff's Department are challenging Brown's recommendations with a petition to the U.S. Supreme Court. "We still think the recommendation is in direct conflict with federal law," said San Bernardino County sheriff's spokeswoman Arden Wiltshire. "Our sheriffs believe federal law supersedes state law." Brown's 11-page recommendation tells local law-enforcement officers not to arrest medical-marijuana patients under federal law if their conduct is legal under state law. Furthermore, the directive states that a properly run dispensary operating as a nonprofit is legal. "I'm sure the feds want to challenge that," said Claremont Councilman Sam Pedroza. "It certainly isn't the end of the issue." Claremont was poised to open a medical-marijuana dispensary but a change of heart led a council majority to vote against it. The city now has a ban on dispensaries. "I think it's a step in the right direction in helping cities out, but I think we also need the same type of clarification from the federal government," Pedroza said. "I don't think it'll change our position from the city yet. Everything is still in flux between the state and federal government." California voters passed a proposition in 1996 that legalized medical marijuana, but the federal government continues to treat this alternative medicine as an illegal substance. The contradictory positions have for years created a quandary among police, lawyers and public officials. Many local law-enforcement agencies, like the San Bernardino County Sheriff's Department, have been abiding by federal guidelines on this issue. "I'm not sure if the new determinations make a difference or not, it's too soon to tell," said Fontana police Sgt. Jeff Decker. "We still treat a violation of marijuana possession as a violation of the federal law." Decker said arrests of medical-marijuana patients are not common, but patients who are charged can use a medical-marijuana card in their defense. The confusion between state and federal governments and a fear that businesses selling medical marijuana could attract crime have led to a wave of dispensary bans by cities across the Inland Valley. Norco banned them in 2007 after a Riverside County judge shut down the dispensary Collective Solution. Mayor Frank Hall said the recent recommendations were politically motivated. "I think it's wrong," Hall said. "I don't think that the state can pass a law that supersedes the federal government." The recommendations are the first that a state agency has issued since voters passed the medical-marijuana initiative 12 years ago. Claremont Mayor Ellen Taylor, who supports a regulated dispensary in the city, welcomed Brown's recommendations. She said she's not sure whether the guidelines will change the city's ban or if there's still enthusiasm behind establishing such dispensaries. "You never know. I'd never say `never,"' Taylor said. "But it's good that the state is putting some muscle behind (the initiative). It's about time the state steps up to the state law."Source: Inland Valley Daily Bulletin (Ontario, CA)Author: Wendy Leung, Staff WriterPublished: August 27, 2008Copyright: 2008 Los Angeles Newspaper GroupContact: letters dailybulletin.comWebsite: http://www.dailybulletin.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #16 posted by FoM on August 28, 2008 at 17:18:31 PT
museman
Thank you.
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Comment #15 posted by museman on August 28, 2008 at 17:15:01 PT
the compassion center
Well I went by, and sure enough there was a hand written note on the inside of the glass door, as reported. There was an individual standing there looking very disapointed and a little lost. He didn't know what was up, and was hoping I did. There were also a couple of notes on the door asking what the hell was going on. I sent an email to the general manager, but haven't gotten any reply yet. Took pictures, but can't get 'em off my camera until I get home.Will post any new info.
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Comment #14 posted by FoM on August 28, 2008 at 11:59:27 PT
museman
I just looked in the Register Guard and I didn't find anything else. Let us know if you do. Good Luck.
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Comment #13 posted by museman on August 28, 2008 at 11:45:37 PT
FoM#7
I happen to be in Eugene right now. I just sent an email tot he general manager asking for details. I might cruise by and take a picture.
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Comment #12 posted by Commonsense on August 28, 2008 at 08:49:50 PT
TGorden
One thing the 10th Amendment did was help spell out the law that already existed. I think there was some worry back then that the feds would become too powerful and usurp the sovereign powers of the states. The states have always had "police power." That means they had the power to make and enforce laws to maintain order within their boundaries. That includes prohibitions, something we've had many of throughout our history. Some people look at the 10th Amendment and think it must mean that if something wasn't illegal before then it could not be made illegal after the 10th Amendment. I can't imagine that being the intent of the people that drafted it and/or ratified it. Personally, I think states have always had the power to regulate cannabis with their inherent police powers. I don't think the Constitution gives the feds the power to regulate use, possession, productoin or commerce in marijuana as long as that is all done within the borders of a state, but of course Congress and the Supreme Court have another take on it. 
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Comment #11 posted by OverwhelmSam on August 28, 2008 at 06:58:09 PT
TGordon
Actually, you are correct about the tenth amendment. It has never been ruled on by the Supreme Court, and to my knowledge, has only been ruled on once by a US Appeals court recently.They way the Supreme Court gets around the constitution is under the Commerce Clause. They ruled ridiculously that the growing of a field of wheat for your own personal consumption affected interstate commerce and thereofore, may be regulated by the government! So if you grow one marijuana plant for your own consumption, it affects interstate commerce and may be regulated (banning is considered regulation) by the Congress. At least that's my summary on the Supreme Court's overly broad reading of the Constitution which is a Fraud and Misrepresentation on the People of the US.
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Comment #10 posted by OverwhelmSam on August 28, 2008 at 06:44:02 PT
Sheriffs Can Be Arrested Too!
If this creep Sheriff wants to break California Marijuana laws, have him arrested and charged! If I were local, I would foster a campaign to have this Sheriff fired, de-elected or busted! 
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Comment #9 posted by TGordon on August 28, 2008 at 00:04:03 PT
???
Can someone please help me out on this one. I could have sworn that Amendment X of the Bill of Rights states:The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.Isn't this the very reason that Amendment XVIII (Prohibition) as well as Amendment XXI (Repeal of prohibition) had to be put into the Constitution of the United States of America?Am I missing something or are federal laws against the consumption of cannabis(or any other drug for that matter) unlawful?
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Comment #8 posted by ekim on August 27, 2008 at 19:19:59 PT
good going Jerry Brown
i worked hard for him for Pres but ol Bill got in seeing Jerry now makes me glad i tried to help him.
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Comment #7 posted by FoM on August 27, 2008 at 17:46:31 PT
Oregon: Medical Marijuana Group Shuts Down 
By Tim Christie, The Register-GuardWednesday, August 27, 2008The Compassion Center, a medical marijuana advocacy office in Eugene, has closed, leaving thousands of cardholders without a place to turn for advice and support in dealing with Oregon’s medical marijuana law.A hand-written note on the door of the office at 2055 W. 12th Ave. says, “Due to circumstances beyond our control, we are closed until further notice. We are so sorry. The management.”Read more in Thursday’s Register-Guard.Copyright: 2008 The Register-GuardURL: http://www.registerguard.com/rg/Home/story.csp?cid=128470&sid=1&fid=7
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Comment #6 posted by observer on August 27, 2008 at 15:29:41 PT
Want it Both Ways
Does this mean I can get an assault rifle now? Surely the two idiots quoted above wouldn't cherry pick laws would they? By their logic Fed law says I can buy assault weapons but Calif. law says I can't. Which one is it guys? My guess is they want whatever keeps their paycheck coming, and they want to fight whatever might kick in survivor benefits.Tyrannical governments always seem to want it both ways, don't they? Heads, government grabs new powers to crush the people's freedom; tails, you lose traditional rights that went back to the Magna Carta. Sweet deal. A sweet deal for governmental liars, thugs, thieves, and killers, that is. 
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Comment #5 posted by FoM on August 27, 2008 at 14:24:37 PT
Poll: The Orange County Register
Do you think Jerry Brown is going too far with his directive or do you think it's needed? http://www.ocregister.com/articles/marijuana-law-medical-2137862-orange-city
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Comment #4 posted by goneposthole on August 27, 2008 at 13:37:16 PT
cognitive dissonance (once again)
1889The John Hopkins Hospital, in Baltimore, Maryland, is opened. One of its world-famous founders, Dr. William Stewart Halsted, is a morphine addict. He continues to use morphine in large doses throughout his phenomenally successful surgical career lasting until his death in 1922.http://paranoia.lycaeum.org/war.on.drugs/misc/prohibition-historyhttp://www.medicalarchives.jhmi.edu/halsted/hbio.htmUnfortunately, the idea of prohibiting the use of substances that can't be understood by those who refuse to do so is the real danger and cause of great harm to society.Smoke more cannabis.It's ok.
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Comment #3 posted by user123 on August 27, 2008 at 11:03:53 PT:
Whatever gets ya thru the Day, idiot.
"Our sheriffs believe federal law supersedes state law." 
"I think it's wrong," Hall said. "I don't think that the state can pass a law that supersedes the federal government." Does this mean I can get an assult rifle now? Surely the two idiots quoted above wouldn't cherry pick laws would they? By their logic Fed law says I can buy assult weapons but Calif. law says I can't. Which one is it guys? My guess is they want whatever keeps their paycheck coming, and they want to fight whatever might kick in survivor benefits. 
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Comment #2 posted by Zandor on August 27, 2008 at 08:51:14 PT
Now they need to go after local cops who play DEA
Our state constitution grants all police and sheriff's the ability to carry a gun, arrest people and detain them.That does not come from the Federal government but fro our state constitution, it comes from the PEOPLE.That means that when cops choose to ignore state law they are in violation of our constitution. They should have their rights to carry a gun and arrest people stripped for failure to uphold our state constitution.Every officer sworn in swears to uphold our state constitution and that included Prop 215!!ASA and NORML should sue SBPD and the sheriff under that FACT written in our state constitution. Take away their toys and watch the little bullies cry!!
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Comment #1 posted by FoM on August 27, 2008 at 08:10:43 PT
OT: Blaming The Sixties 
http://www.counterpunch.org/sommer08272008.html
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