Navigation

Tag Archives | Medical Marijuana

Michigan Legislators Taking Action To Nullify Prohibition

By on June 3, 2013 in All Posts, Drug War, Health Care, Nullification, State Bills 2

Michigan is following the lead of Colorado and Washington as their State Legislature has proposed a bill that would decriminalize possession of marijuana and another that would affirm the right of medical marijuana dispensaries to operate.

House Bill 4623 was introduced in April by Rep. Jeff Irwin (D-Ann Arbor) and was co-sponsored by six other legislators as well. This bill would reduce possession of small amounts of marijuana to a civil infraction punishable by a small fine and would serve as an important rebuke of the war on drugs, one of the federal government’s most evident ongoing policy blunders.

Although this bill does not completely legalize marijuana for possession and cultivation, it does prevent people found with up to an ounce on them from being prosecuted criminally. Instead of potentially facing jail time and heavy fines, first time offenders would be fined no more than $25 dollars with second time offenders fined a maximum of $50 and offenses from that point on would be fined no more than $100. Continue Reading →

Continue Reading 2

Will DC be the next “State” to Nullify Federal Prohibition?

By on May 4, 2013 in Big Brother, Big Government, Constitution, Delegated Powers, Drug War, Nullification 5

Oh the irony to think that the capital city of these united states will be nullifying their own law even while their agents are raiding dispensaries in the states.  The voters in the city of DC approved medical Marijuana in 1998, and finally all of the licensing is complete.  The dispensary by the name of Capital City Care will be the first to open on the 22nd of April within blocks of the White House, and with a clear view of the US Capital.  This will be a hugevictory for the forces of liberty, in the face of the growing police state.

After resisting the clear will of the American people for so long, DC could have to call it quits and accept the demise of the war on drugs (police state), as they join the 18 states that have already nullified the war on pot (as a legal drug) .  As I have always said, weed is much like the war on drugs.

Respectable opinion on weed seems to be that it is a “gateway drug”.  This is meant to give the impression that one puff of it will lead one through a gateway and down a path towards desperation, and dependence upon drugs for daily functioning.  Doing unspeakable things for the next hit of your current drug of choice.  Theft and violence will become the life of the addict or so says this paradigm.  In reality it is the war on drugs that is the gateway, it is a gateways towards tyranny, and authoritarianism.

It is ironically the so called “Constitutional” Conservative who are the biggest cheerleaders for this insane policy.  Even as they hold the correct position on so many policies that you should not pile additional laws on already illegal behavior (such as opposing gun control because murder is already illegal, or opposing hate crimes because the crimes they punish are already illegal.)  None the less they point towards the culture of crime that surrounds the drug trade (as surrounds all black markets regardless of the banned items for sale) and say “look drugs cause murders and robberies.”  Murder and theft are already illegal, so why is that an argument for prohibition? Continue Reading →

Continue Reading 5

Left and Right Agree to Disagree

By on January 2, 2013 in Federalism 18

After an embittered presidential election, a never-ending kabuki on Washington finances, and now a fierce debate over property rights, many would be surprised to know that members from opposite sides of the political spectrum have found some common ground. Betsy Woodruf at National Review Online sure was. She was shocked to find agreement between the Republican Governor of Illinois, Mitch Daniels, and Tom Dickenson of Rolling Stone magazine regarding medical marijuana and federalism. Both, it seems, favor letting the states determine their own drug policy, even though they may not agree on what each state ultimately decides.

First, note that agreement between the two parties happens more often than not. In principle they all agree on war, debt, entitlements, taxation, police statism, drones, the central bank, socialistic healthcare, prohibition, and many other issues. Of course they disagree on just how much debt there should be; if the military ought to bomb the people of third-world countries or drop bombs and machine-gun them; and whether individuals should forfeit 35 percent of their income or only 33 percent. Some diversity of thought.

But what’s noteworthy about this particular case is that each can agree because neither is trying to force the other into submitting to a single policy. Here we see one of the great things about decentralized government: it tends to reduce conflict by allowing various groups to “live and let live.” This is isn’t possible when all policy decisions are made by one body, when a polity becomes too big. Continue Reading →

Continue Reading 18

New Marijuana ‘Controversy’ Being Pushed by Bureaucrats, Newspapers

By on October 1, 2012 in Drug War, Media 0

With the economy struggling and cities going bankrupt left and right, you would think that bureaucrats in the state of California would focus on shoring up the spending problems before expending more precious resources toward a crackdown on medical marijuana. But that is not the case. The Los Angeles City Council voted to ban medical marijuana dispensaries back in July, a decision that won the ire of voters.

This unanimous 14-0 bipartisan agreement that cut off commerce and jobs at a time when they are so desperately needed was so reviled by voters that signatures were quickly collected in enough time to get a repeal measure on the ballot in November. With marijuana being more widespread and popular than ever, it is very possible that these bureaucrats will have their prohibition overturned and the medical marijuana industry will be allowed to grow without senseless laws stifling them.

But according to a Sept. 23 editorial in the Los Angeles Times, the medical marijuana industry cannot be allowed to Continue Reading →

Continue Reading 0

Montanans Plead the 10th

By on July 3, 2012 in Drug War 0

Last August, a group of medical practitioners and pharmaceutical manufacturers filed suit against the federal government in U.S. District Court. They claimed the feds violated their rights by sending armed agents into their businesses and, according to a report in the Santa Fe New Mexican “‘seized and destroyed thousands of live plants,’ and ‘took away hundreds of pounds of dried marijuana’ during a March 2011 raid on licensed producers, and stripped certain providers of lights and other equipment used to grow and distribute the herb, which caused [...] significant financial damage.”

But the district court dismissed the plaintiffs’ claims, saying the issue had “already been decided.”

However, as Daniel Abrahamson notes, medical marijuana hasn’t really been decided by the courts, as most of the relevant cases haven’t actually been argued in court. In nearly all cases, the parties have settled or withdrawn their appeals. So it would appear to be an open question, ripe for such a challenge.

The group hopes they’ll have their chance to advance their case later this year in the 9th Circuit Court. One of the chief complaints raised by attorney Paul Livingston, who represents this Montana group, is that “It is truly astonishing that so much weight is given, so many actions taken, and so much reliance placed on a demonstrably false notion; that marijuana has no known medical uses.”

But the main thrust of their case doesn’t rest solely on the medical science regarding cannabis, the 10th Amendment will also be key to their argument. Livingston will attempt to show that both the power to police and provide safety to the public lie not with the Feds, but with the several states. Such a two-pronged approach ought to be the most effective, insomuch as petitioning the government courts to limit their own powers is concerned. Continue Reading →

Continue Reading 0

Number of States Resisting Federal Drug Policy Could Increase Significantly

By on March 6, 2012 in Drug War 0

The push to resist Federal Drug policy is advancing once again this legislative session with a number of bills and a number of different approaches being taken at the state level.  There are currently 17 states with cannabis legislation this session, despite a new Federal crackdown on cannabis operations in California that were within State and local law.

Pennsylvania lawmakers are now considering a new attempt to address the issue of marijuana, knowing full well that their Governor is not likely to sign anything along those lines.  As Governor Corbett has stated before, he believes that the Supreme Court is the ultimate authority of law and that states cannot freely exercise their power under the constitution until the SCOTUS gives them permission. he’s joined in that view by state Rep. John Lawrence, R-13th of Franklin who said, “I’m not a supporter of the legalization of marijuana for medical purposes. This is an issue that should be dealt with at the federal level.”

In Massachusetts, a group of lawmakers led by Representative Ellen Story of Amherst are seeking to establish state level cannabis laws.  The driving force behind “The Cannabis Regulation and Taxation Act” was a Public Policy Question in the 2010 elections, which clearly instructed Story and others to take this issue on.  This bill will go before the Judiciary Committee March 6th at 1:00, in a Legalization hearing at the statehouse, room A-2.  Anyone is free to attend and address the committee- a prime chance for even those who don’t support marijuana use to explain why in order to be in line with the constitution, cannabis must be addressed at the state rather than Federal level. Continue Reading →

Continue Reading 0

Arizona, South Dakota: A Chance to Advance the Nullification Movement

By on November 2, 2010 in Drug War, State Sovereignty 4

On Election Day, Arizona and South Dakota will vote on initiatives to partially nullify Federal narcotics laws pertaining to the medicinal use of cannabis. These initiatives are important to the residents of both states for many reasons. They offer a re-assertion of state sovereignty and interposition by the state(s) on behalf of patients and their caregivers.

They affirm the sanctity of the doctor/patient relationship independent of Federal meddling. They provide patients safe access to their medication. And perhaps most importantly, they affirm that Arizona and South Dakota are willing to join the group of states in this Union (as well as the Federal District) and the nations around the world who accept the standard that judges societies by how well they treat their weakest and most vulnerable members. Continue Reading →

Continue Reading 4

Question for Jason Chaffetz

By on June 24, 2010 in Delegated Powers, Drug War 1

The Salt Lake Tribune is reporting that Jason Chaffetz is working to “overturn action by the D.C. City Council that would allow medical marijuana usage in the nation’s capital.”

Here’s what he had to say:

“Marijuana is a psychotropic drug classified under Schedule I of the federal Controlled Substances Act as having ‘high potential for abuse,’ ‘no currently accepted medical use in treatment in the United States,’ and a ‘lack of accepted safety for use of the drug…under medical supervision.’ While certain of these principles may be open to significant debate within segments of the medical community, and among pro-legalization/decriminalization groups, I am opposed to re-classification and decriminalization efforts. And while derivatives of marijuana are available in pill form for medicinal purposes, smoked marijuana is a health danger, not a cure, and therefore remains a harmful and dangerous drug for people of all ages.”

Ready for my question?

WHERE in the Constitution is the federal government given the authority to criminalize OR decriminalize this plant? Is it the same place that the opposing political party claims to get the power to control health care?

Come on, Chaffetz…don’t support your opposition by claiming powers for DC that simply don’t exist.

Continue Reading 1

MD Senate: “Don’t Bogart that Joint, My Friend!”

By on April 12, 2010 in Drug War, Sovereignty Movement 4

On April 10, the Maryland Senate voted 35-12 to allow marijuana use by prescription. The bill now moves to the House. Fourteen other states currently allow medical marijuana use. California is taking a step further and will allow its voters to choose to legalize marijuana use for all adults on this November’s ballot.

Alcohol was prohibited after the Constitution was amended to authorize its prohibition by the federal government. Notwithstanding the obvious implication by analogy of alcohol to marijuana, the federal government has never seen a necessity to amend the Constitution to attempt to enforce a federal ban on marijuana. It just decided it could, and then, it did.

The U.S. Supreme Court upheld the federal ban on marijuana in Gonzales v. Raich, 545 U.S. 1 (2005), citing that even homegrown pot that never crosses state lines is “commerce among the states,” which Congress may regulate pursuant to its Article I, Section 8 powers. Whether you think pot should be regulated or not, a plain reading of the Constitution, with a little bit of horse sense, will tell any right-thinking person that smoking pot you grew in your yard is not an act of “commerce among the states.” Although the states might have the power to regulate marijuana, the federal government most certainly does not.

It is not entirely clear as to whether the Supreme Court was sober when it issued its Gonzales opinion. Speaking under anonymity, one source confided to journalists that, just before the ruling was handed down, he heard an unnamed Justice in chambers say, “Pffffffft! Here.” Speculation remains as to whether the Justice was passing along the opinion or something else.

Continue Reading 4

10th Amendment at Work: Will Ohio Legalize Medical Marijuana?

By on April 9, 2010 in Drug War, Nullification, Sovereignty Movement 1

grow-freedom-squareThe Tenth Amendment codifies in law that “We the People” of the several states created the federal government to be our agent for certain enumerated purposes only – those powers delegated to the federal government in the Constitution.

An honest reading of the Constitution with an original understanding of the Founders and Ratifiers makes it quite clear that the federal government has no constitutional authority to override state laws on marijuana.

All three branches of the federal government, however, have interpreted (and re-interpreted) the commerce clause of the Constitution to authorize them to engage in this activity, even though there’s supposedly no “legal” commerce in the plant. At best, these arguments are dubious; at worst an intentional attack on the Constitution and your liberty.

Currently, 14 states have legalized marijuana for medicinal use, and Ohio will now consider legislation to join them.

Introduced in the Ohio legislature is House Bill 478 (HB478), which if passed, would allow cannabis to be used for limited, medicinal purposes – and effectively defy federal laws which say that the plant is illegal in every situation.

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.

It’s long past time for people to demand adherence to the Constitution – every issue, every time. No exceptions, no excuses.

Fourteen (and soon more) states standing up to resist DC and refusing to comply with unconstitutional federal laws have rendered the feds incapable – and unwilling – to enforce their mandates. Pick an issue and put it into practice in your area – the marijuana activists have done it right.

Continue Reading 1