cannabisnews.com: Medical Marijuana Guidance
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Medical Marijuana Guidance
Posted by CN Staff on October 13, 2011 at 20:37:24 PT
Editorial
Source: Los Angeles Times 
California -- What is the status of medical marijuana in California? May people possess it, use it, distribute it, sell it? Those ought to be easy enough questions to answer, but because of state and local fumbling on the issue, they're not. And now, after last week's announcement by federal authorities of a crackdown on dispensaries, the answers may be harder than ever to nail down. So complicated are the legal and enforcement issues surrounding medical marijuana that the attempt by California's four U.S. attorneys to bring some clarity — just like earlier attempts by federal Justice Department officials — actually makes things murkier.
The core of the problem is the same as it has always been: the interplay, and conflict, between the federal prohibition of marijuana and the state authorization of medical use under Proposition 215, passed in 1996. Any law student will tell you that federal law prevails, but that's hardly the end of the matter.Before last week's announcement, the best-known attempt at clarity came in the form of a 2009 memo from U.S. Deputy Atty. Gen. David W. Ogden. "The Department of Justice is committed to the enforcement of the Controlled Substances Act in all states," the memo said. "Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs and cartels."But the memo went on to state that it would be an inefficient use of scarce resources to prosecute people "whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."So what is "clear and unambiguous compliance"? Purveyors kept pushing the envelope until supporters of fully legalized marijuana argued that they had virtually achieved their goal.Now the U.S. attorneys say marijuana sellers and the cities that allowed them to set up shop have gone too far. Under the guidelines laid out in the Ogden memo and other federal advice and instructions, they appear to be correct. But where does that leave us? Will the federal government target those dispensaries located near schools and parks, as one prosecutor suggested? And if so, does that give a safe harbor to others? Or will prosecutors move against anyone in the marijuana industry who is making a profit, as one U.S. attorney spokesman said they would? Will they go after "large-scale industrial marijuana cultivation centers," as one Justice Department official said? Can they at least cite a state that they believe does it right and will be left alone?Federal prosecutors have respected the wishes of California voters and their counterparts in more than a dozen states to allow people to acquire and use medical marijuana out of courtesy and prudence, not because they believed they had to. They, or their successors, could at any time go further, and scrutinize, for example, whether use is truly medical. The balance between federal and state marijuana laws has been re-calibrated for now, but for there to be any reliable truce, we need guidance from California Atty. Gen. Kamala Harris on what constitutes "clear and unambiguous compliance" with state medical marijuana laws. Then we need some unambiguous guidance from the feds about what they can live with, rather than a long period of silence and then a sudden snap to attention. Source: Los Angeles Times (CA)Published: October 14, 2011Copyright: 2011 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/URL: http://drugsense.org/url/eTCj1Yu6CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #23 posted by museman on October 15, 2011 at 11:11:09 PT
cannabis and liberty
"Congress has determined that marijuana is a dangerous drug,...."Yes, in the early 30's, as they were all secretly planning which companies and manufacturers would get all the contracts for the upcoming war (WWll) -the congress got hit with a scary prospect; that cannabis smokers might not want to actually go to war, because of the unhealthy effect that cannabis smoking can cause; 'consciousness.' Young men might take a moment before leaping up into the carefully orchestrated, emotionally charged 'patriotism' and 'national pride' that came about immediately after the 911 of the 40's -Pearl Harbor.Add to that the anecdotal evidence of their WASP social peers -(one James Anslinger who became an 'expert' by producing 'reefer madness.') that all the 'inferior races' would start lusting after white women, well it was a shoe in.And during Nixon's reign, it became obvious that the dire warnings of Anslinger were true! All those young men who smoked pot in the 60's suddenly didn't want to go die in a war that no one could tell them why, or what for. So the CSA was created as an enhancement to the prohibition set by congress in the 30's.And now, just look! The entire world has seen an upsurge in young people wanting something new and different from governments whose total agenda has always been about how to screw the common man for fun and profit. Of course not all young people smoke pot, but where they can't get bud, they smoke hash.Consciousness, awareness, and the ability to think outside the provided boxed-in parameters of government sanctioned 'acceptability' is the bane to governments. When the people learn -as is happening globally- that they don't need all that 'help' (LMAO) from big brother and the fed, and the cops, and the lawyers, and all the other fake 'positions' that control society though coercement, threat, and brutality, then all that is left for the rulers is violence and destruction -since they have no original thinking, talent, or actual real time skills amongst them that amounts to anything -just send in the thugs, and whomever isn't physically destroyed (justifiable cop 'excessive force') is put into the system where they can suck them and their families dry, before they slam the steel bars on them.There is a history of revolution that is written between the lines that the government paid historians wrote down; the people who wage the fight aren't the ones who initiate, or control it. That's why very few 'common' men ascended through the ranks to high position -and anyone who thinks all these Ivy-League politicians are even close to the common man in any way -except maybe some loose association in their youth; ("I didn't inhale!" "I inhaled, that was the point!") are going to go against the grain of their clubmasters, better look again real close.No the people may not know all the solutions -yet- but they have been well placed to witness the facts of corruption and wrongness exemplified in every form of government since Sumeria.Congress is an assembly that ceased to be representative of the peoples interests the moment they started making laws without the peoples consent. The congress, and all the rest of government, down to the cop on the street, is unconstitutional, illegal, corrupt, and needs to be ended as soon as possible. The Earth, and all life not turned into government-supporting zombies demands it!As runruff points out; "Don't look away!"LEGALIZE FREEDOM
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Comment #22 posted by afterburner on October 15, 2011 at 10:24:35 PT
Legalize or Cartels, Your Choice, Uncle Sam
Paul Mott.
Dopey War on Drugs.
Paul Mott, 10/14/11.
Hosts, The Motts Show.
I don't buy for one second that the big minds on the House Judiciary Committee actually believe this bit of nonsense will help turn the war on drugs, an effort that was doomed to failure from the get-go. People want what people want, and no number of laws, no matter how strictly enforced, will stop them from getting it.
Read Post | Comments 
http://www.huffingtonpost.ca/paul-mott/war-on-drugs_b_1009546.html
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Comment #21 posted by afterburner on October 15, 2011 at 09:11:56 PT
OT - Occupy Comes to Canada
"Respect existence or expect resistance." -sign   #OccupyToronto support rallyOccupy Toronto blog with live feeds and news of other Occupy events
http://livenews.thestar.com/Event/Occupy_Toronto_BlogOccupy Toronto: Copycat protest or the start of a true people’s revolution.
Published On Fri Oct 14 2011.
  * Comments (6).
Photo:
Protesters hold up their hands and wiggle their fingers, signifying agreement, at an Occupy Toronto assembly on Thursday.
Jayme Poisson/TORONTO STAR.
Jayme Poisson, 
Staff Reporter
http://www.thestar.com/news/article/1070254--occupy-toronto-copycat-protest-or-the-start-of-a-true-people-s-revolution?bn=1
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Comment #20 posted by Oleg the tumor on October 15, 2011 at 04:18:11 PT:
Triskaidekaphobia anyone?
As of this morning there are 13 White House petitions that mention marijuana, cannabis, legalization, decriminalization, etc. (not including the petitions to release nonviolent prisoners convicted under current drug laws) so I think the White House might have a clue by now… (Not that we should expect much with the feds raiding Denver now, too)
Richard Nixon made it oh so "perfectly clear" that yes, he was a crook, and he is still screwing us!
We must separate "Cannabis" from "Drugs". We don't talk about alcohol and tobacco as if they were "drugs", though those two are responsible for thousands of deaths each year. I don't know anyone who wants to legalize open use of heroin, cocaine, crystal meth or anything else that has to be cooked up and refined. Marijuana is a natural plant and that is the difference. Every time I see an article like this Huffington piece of crap, where "Legalizing Recreational Drug Use" lumps marijuana together with all the others to disqualify Marijuana in the eyes of the average Joe blow American, it makes me sick. 
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Comment #19 posted by Canis420 on October 14, 2011 at 21:04:54 PT:
WTF
"Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs and cartels."Illegal distribution is only illegal cause its illegal cause congress says its illegal. This illegality leads to serious illegal crime and provides an illegal source of revenue to illegal criminal enterprises including illegal gangs and illegal cartels dammit!Again I say WTF!How do we get Congress to revisit this. Its like tryin to dig a hole when someone keeps throwin the dirt back in.
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Comment #18 posted by Storm Crow on October 14, 2011 at 17:52:42 PT
A small bit of better news!
Ohio medical marijuana ballot language approved
http://www.northwestohio.com/news/story.aspx?id=674688COLUMBUS (AP) -- Ohio Attorney General Mike DeWine says a group seeking to legalize medical marijuana has met initial requirements toward putting the measure before voters in 2012.DeWine on Friday said the group submitted a fair and truthful statement to describe the issue on the ballot, as well as the required 1,000 valid voter signatures.The proposed "Ohio Alternative Treatment Amendment" faces review by the Ohio Ballot Board before supporters can start gathering signatures that would secure placement on the ballot. Issues require about 385,000 signatures to make the ballot. (snipped)
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Comment #17 posted by The GCW on October 14, 2011 at 14:47:22 PT
more
US CO: Feds raid marijuana growing operation in north Denver warehouseWebpage: http://www.denverpost.com/breakingnews/ci_19114538
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Comment #16 posted by An Adult on October 14, 2011 at 13:32:52 PT:
Feds bust Colorado dispensary & a grow operation
http://www.9news.com/news/article/224595/339/Feds-bust-medical-marijuana-growersSo much for the thought that the Feds might stay out of Colorado because of the stringent regulations. It will be interesting to see if these guys were doing something blatantly against the rules, or if the Feds chose them at random.
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Comment #15 posted by Hope on October 14, 2011 at 12:09:11 PT
Oleg the tumor 
I'm not sure about that. But I know she's spinning it. Big time political double speak. Like a shell game. She's trying to obfuscate and hide the truth. I don't like that. I like plain truth. And again, I never thought about it like she's implying. And she's wrong about cannabis not being a social staple. It has been for some many decades. She just isn't in the right social circles and is not likely to be invited into one, where it's no different to share a bit of cannabis, than sharing a drink in some social circles. She seems to have great respect for what she sees as traditional social alcohol sharing. And... not all social circles... I can tell her... accept that sharing a drink of an alcoholic beverage is a natural social nicety. 
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Comment #14 posted by Oleg the tumor on October 14, 2011 at 11:46:47 PT:
Hope
Doesn't "failure to survive" essentially mean the same as "dead"? Huffington spins like a Frisbee, but advertising the funeral sounds like a good idea. 
We'll bring some bakery.
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Comment #13 posted by Oleg the tumor on October 14, 2011 at 11:25:17 PT:
California!   Heave Boys, Heave!  . . .
. . . We'll Not be Neptune's Guests Tonight! De-crease the sail! More starch in sheets! More Fog! More Fog!
Ambiguate! Obfuscate! Then: TACK TO PORT! ER, TO COURT! TO COURT! HARD AGROUND! BET ON UNENFORCEABLE PROVISIONS TO APPLY! Bad Cop-No Donut! Remember, indoor voices. No running or mis-behaving, please. California, the world is watching. Peace Be With You.
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Comment #12 posted by dongenero on October 14, 2011 at 10:28:12 PT
More Huffington lunacy.....
..about how the US has basically no culpability in the drug war problems in Mexico. Simply......uh, amazing.I'm wondering....AOL acquired Huffington Post. Probably explains it. Huffington has "jumped the shark" as the Wall Street Journal did, post-News Corp acquisition.http://www.huffingtonpost.ca/miranda-frum/mexico-drug-war_b_1008895.html
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Comment #11 posted by Hope on October 14, 2011 at 10:27:21 PT
They prohibited alcohol...
Alcohol had to have plant products to produce it... but, of course, I got my prohibited substances interchanged there.
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Comment #10 posted by Hope on October 14, 2011 at 10:23:45 PT
Dongenero Comment 6
Just starting to read that. Got to "Those in favor of drug legalization see prohibition's inability to survive as irrevocable proof that today's "drug prohibition" is equally unsustainable." Where do they come up with that stuff. "Inability to survive"? Good grief. I never thought such a thing and I don't know of anyone else that thought that."Inability to survive"? What the heck? It was a failure, lady! A complete and total deadly corruption filled failure! It affected the course of history and many people's lives and futures, now passed. It corrupted them, as a failure of society, law, and government. They should have just made stumbling drunk in the street or public against the law. But no. They had to prohibit a plant product... and not a bad public behavior.The prohibition of alcohol caused people to be killed, harmed many people, and touched many others, without need. It caused wealth and dynasties, alive today, built on "Illegal" business activities. Prohibition caused vast corruption of all sorts... high and low at all levels of society, including government and law enforcement. It spread distrust and fear. Prohibition had people spying on others and reporting them to the government. *sigh*Maybe I can get back to the article now. It's going to be putrid stuff, looks like.
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Comment #9 posted by afterburner on October 14, 2011 at 10:11:34 PT
Canadian Medical Cannabis Patients Fear Grow Loss 
Fiorito: Are pot rules going to pot?
Published On Thu Oct 13 2011.
  * Comments (24).
By Joe Fiorito, City Columnist
http://www.thestar.com/news/article/1068994--fiorito-are-pot-rules-going-to-pot?bn=1
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Comment #8 posted by afterburner on October 14, 2011 at 08:59:03 PT
clarity, courtesy and prudence
Strange words to use to describe the arrogant, unscientific federal government. This new crackdown just increases crime and gives criminal welfare to gangs. It seems that's what the federal government wants, what with all that financing of cia black ops and slush funds for "too big to fail" banks. Shame on you U.S. federal government!You are destroying the economy with your dogmatic superstition. You are blockading access to a modern medical miracle. You are preventing the implementation of a robust hemp industry that would do so much to benefit the future economy, bringing energy solutions, jobs and taxes. 
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Comment #7 posted by runruff on October 14, 2011 at 08:14:34 PT
Mark my words!
Prohibition maggots are heading for their bunkers while the revolution is just getting fired up. One day soon the fascist will be made silent.As the song goes "I wanna be around to pick up the pieces..."Don't look away!"
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Comment #6 posted by dongenero on October 14, 2011 at 08:14:17 PT
check out this baloney
...along with some sad and sorry statement positions from Ken Burns of PBS' Prohibition. And the comments are ripping it, along with LA Times editorials and LEAP responses (links in comment forum).http://www.huffingtonpost.com/deni-carise/the-effects-of-prohibition_b_1007057.html
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Comment #5 posted by dongenero on October 14, 2011 at 08:01:31 PT
comment #1
It certainly does appear there is a Prohibitionist surge underway. This crap is even showing up on Huffington lately.It has been said they would fight hardest just before they go down. The death rolls are part of it I think. And when the end of cannabis Prohibition does finally comes it will actually come faster than anyone thinks.I hope this will be the case. At any rate this is the time to just increase the pressure on our part.
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Comment #4 posted by The GCW on October 14, 2011 at 06:38:29 PT
US CO: Medical-marijuana workers unionizing
Webpage: http://www.denverpost.com/breakingnews/ci_19107764Pubdate: 13 Oct. 2011Source: Denver Post (CO)
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Comment #3 posted by The GCW on October 14, 2011 at 06:37:02 PT
NY NEWS
Former Detective: NYPD Planted Drugs on People to Meet Drug Arrest QuotasAccording to a former officer who testified at trial yesterday, New York City police regularly planted drugs on innocent people to meet quotas. October 13, 2011 |    Petition � The NYPD has been under fire in recent months for illegal searches resulting in thousands of low-level marijuana arrests, mostly of people of color. As corrupt as this practice is, testimony...Cont.http://www.alternet.org/drugs/152727/former_detective%3A_nypd_planted_drugs_on_people_to_meet_drug_arrest_quotas 
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Comment #2 posted by GentleGiant on October 14, 2011 at 05:58:27 PT:
Legalize Pot 2012
Well, we should be messing with them. Like hopefully, four states with the legalization of marijuana on their ballots next year. That should do it.
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Comment #1 posted by John Tyler on October 13, 2011 at 22:03:45 PT
another PR campaign
The prohibitionists are running another PR campaign it seems. The ones in charge get together and plan a campaign. They plant phony, slanted news articles in the media. (The Rand Corp pointed out their lies and got smacked for it.) They threaten property owner, businesses and lending agencies with prosecution and schedule and carry out raids on selected targets and make it a big publicity event so they can show that they are working against cannabis. It is political theater, except a lot of people are getting hurt. It doesn’t affect the overall industry though. The industry, legal or illegal, is not going to go away. People want it and there is too much money involved.  If it were made a regulated legal product like wine or beer it would solve a lot of problems. So it gets down to this, the prohibitionist don’t want to solve this problem, nor do they want to make things better. They just want to mess with everybody because they can.
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