Entire MMJ Industry illegal says Arapahoe judge - anyone see this?

[sedate]

Wow. Just wow.

Anyone else not see this yet?

http://blogs.westword.com/latestword/2012/08/medical_marijuana_illegal_state_blockbuster_ruling.php

And while we are on the subject - from a few hours ago:

http://blogs.westword.com/latestword/2012/08/marijuana_silver_lizard_dispensary_indictment.php

I can't decide how I feel about either of these. I'd be nervous if I had a dispensary.

 

[squiggly]

As for the 2nd one, the dude was asking for it.

 

[coloradochem]

Im personally tired of hearing this shit, yeah we all know state mmj programs are in violation of federal law. and in colorado, the state has illegally licensed these dispensaries, according to federal law. yet life goes on for everyone playing by the rules. How many times can the media rework the same story?

 

[sedate]

As for the 2nd one, the dude was asking for it.

Well yea. It's like 12 dudes. And they were mailing shit all over the country. Using creative psuedonyms like "DJ Freshy" to mail 3 pound packages and shit.

Anyway - it isn't what they did - def asking for it - so much as the flood of bad news in this department lately.

yet life goes on for everyone playing by the rules. How many times can the media rework the same story?

Life goes on? Rewrite the same story?

Maybe.

The opinion this judge wrote is pretty bold. And there has been a lot of federal action here lately - on the legal side as well.

The first 6 months after the election should be a real interesting time. Especially if any of these legalization measures pass. Part of me wonders if the feds will shut down the whole scene.

This is just a really weird political space right now.

 

[kolah]

The federal takeover at work.

Party on!

 

[Classic Remix]

well good thing for that judge, he is NOT the state, and his opinions are fucking worthless.

he can abide by the rules the state has set for him, which MMJ is unpunishable, and that is that.

let anyone cry all they want, but furthermore being a paranoid stoner doesnt get anyone anywhere.

look at it proud with what you do and fuck the stress. simple as that. i think of my red card like some shit in school, if you have a problem with what im doing, talk to my fuckin parents (the state of colorado).

 

[Classic Remix]

and sorry to double post, but maybe im just not stressing because i came from southern california. Ive heard all the threats and babble for years. yeah let them swoop up a bunch and stop shit for one day, the next everything will be back to normal for who wasnt fucked with. they dont have the time or money to be steppin on their own toes and they know it. herb brings a hefty penny for the state.

 

[putembk]

Im personally tired of hearing this shit, yeah we all know state mmj programs are in violation of federal law. and in colorado, the state has illegally licensed these dispensaries, according to federal law. yet life goes on for everyone playing by the rules. How many times can the media rework the same story?

Totally understand where you are coming from chem however I like posts like this from time to time. It reminds me that what we are doing is illegal under federal law. Keeps me in line. Hide!!

 

[sky high]

These folks weren't operating under a red card, Classic. They were operating under 1284. (and their OWN rules, obviously)

In fact, they have no affimative defense whatsoever under Amendment 20 because they are in the commercial realm (HB1284) ...not the patient realm. (amendment 20/Article 14)

I personally don't care about their idiocy though....at least beyond the way it may impact those who are still operating under their red cards and who are growing/possessing/using at home as Amendment 20 allows.

My real worry in such (media sensationalized) busts is that as all of this collapses...it will eventually lower the public perception of growing/smoking MMJ to the point that it takes down the rights of >everyone< to grow/possess.

At some point (IMO) the patients need decide if they are willing to risk their OWN right to grow/possess so these retail stores ("commencial industry") can exist....or if they want to say publically "we do NOT support this commercial model" so the rights that they >originally< banked on/operated under from 2000-2010 can continue to stand without further Federal involvement. (this is where I am on this, obviously...)

I don't wanna have to hide AGAIN, putmebk....especially not so a bunch mid-20's kids can play dope dealer and make waves/bad press for everyone else who is holding a red card and smoking their own bud at home/etc....as the law intended in the first fucking place.

you can only stack 'em so high before the inevitable happens...

 

[Goldenrod]

what youre failing to understand is that federal law works the other way. its set up to allow states & lower govts to have seperate laws & govern themselves thus the establishment of freedom that america used to go by. prescedents are any state or territory of the us that allows gambling. used to be they taught us these things in elementary school. then in secondary school we participated in school gov. based on our executive branch of gov. theyve stopped teaching the youth about how the 3 branches of gov operate so that they can violate our rights without challenge. dumb uneducated peoples dont know theyre allowed to do things another way. please someone with a bar degree file the federal injunctions neccesary to stop this abuse of americans. nuff said.

 

[NaturalTherapy]

I found the bit about all contracts being null and void to be quite interesting...since cannabis is federally illegal all contracts between any parties involved are null and void since you can't have binding contracts in illegal dealings... Businesses don't have to pay growers...does that mean fuck all property contracts, state power/water contracts?... And can these companies be held liable for knowingly doing business with illegal entities. How is the State not in some huge violation by licensing and accepting taxes?

Is that the doomsday worst scenario? Feds coming in and federalizing state power distributors...stealing land. In our prison system, it doesn't seem too inconceivable these days. Gotta get our guns first, but that curtailment doesn't seem too far off either

 

[sky high]

Property/power/utilities/goods....all are legal sales/dealings. All are viable/enforceable responsibilities in a court of law because they are legally provided goods/services.

Marijuana isn't legal... thus the ruling.


Landlords/property owners can (and may very well be) held responsible for doing business with this "industry". State employees have also been threatened with prosecution.... so there is a stated liability there as well. As far as the licensing and taxes the State has taken in/etc. and a liability there.... the Fed has FAR reaching powers over the States even if they have "States rights"......highway funding... (ask AZ why their original law passed a decade ago or so never went into effect)...social funding... economic funding..... >>>funding..funding..funding <<< that can be withheld by the Gov't as a starter to force the State into heading in a different direction. 1284 could be yanked TOMORROW if the Fed cut off sizeable funds to the State for these infractions in Federal Law.


The State has never..and will never side with the patients. The State will do what serves the (State and) the majority of the public first...not what serves the 1% known as "medical marijuana patients".

The State will also be the first cocksuckerroach to scatter if this all goes down hard....followed by many, many more littler cocksuckerroaches... LOL.

 

[sedate]

what youre failing to understand is that federal law works the other way. its set up to allow states & lower govts to have seperate laws & govern themselves thus the establishment of freedom that america used to go by.

What? Where are your civics? Constitutional law history? What about the Supremacy Clause? Commerce power and 75 years of Supreme Court precedent? NRLB v Jones? The Four Horsemen?

http://en.wikipedia.org/wiki/The_switch_in_time_that_saved_nine

This is the lynch-pin of governmental power in this country - so important that even John Roberts - that naked political actor - didn't have the balls to dismantle it as so many nut-fuck-Ron Paul conservatives hoped for with the health care ruling.

Anyway - speaking in broad generalities, an advanced technocratic society like the US should have a far-reaching and powerful central administration - one would just sort of hope that the powerful and far reaching central administration would be wisely governed - in such a fashion that these powers and resources gets pointed at actual governmental function (general welfare of the population, economic oversight, industrial pollution regulation, police, military power, foreign trade relations, that sort of stuff) not necessarily policing what goes in ones' pipe.

Property/power/utilities/goods....all are legal sales/dealings. All are viable/enforceable responsibilities in a court of law because they are legally provided goods/services.

Marijuana isn't legal... thus the ruling.

With the superstructure provided by hb1284 I still find the ruling mind-boggling. It reads more like a political polemic in some respects.

 

[Dopegeist]

The State has never..and will never side with the patients. The State will do what serves the (State and) the majority of the public first...not what serves the 1% known as "medical marijuana patients".

So I am a 1%!
Thanks SH, I'm off to go get a DUI in my parked Porsche in Boulder.

And obviously Pratt is interpreting how he feels (not the facts), judges are allowed to, that is why we have re-trails.
Fuck me, if Micheal Roberts could just for once, once, pretend that he was a Times reporter and do more than flesh out a headline, then maybe there wouldn't be so much confusion with the readers on what these cunts are really saying.

Translation #1: "Pratt don't like dope! No civil dope suits in his court, he'll make up whatever bullshit is needed to fit the agenda".
Translation #2: "You fucking around with the State AG, you fuck around and catch a seizure or a heart attack. You better back the fuck up before you get smacked the fuck up. This is how we do it on our side."

Makes you wonder how Garnett would have handled situation #2? It's not like the AG is going out of his way, dipshits abound, like maggots on meat.

 

[baba G]

I found the bit about all contracts being null and void to be quite interesting...since cannabis is federally illegal all contracts between any parties involved are null and void since you can't have binding contracts in illegal dealings... Businesses don't have to pay growers...does that mean fuck all property contracts, state power/water contracts?... And can these companies be held liable for knowingly doing business with illegal entities. How is the State not in some huge violation by licensing and accepting taxes?

Is that the doomsday worst scenario? Feds coming in and federalizing state power distributors...stealing land. In our prison system, it doesn't seem too inconceivable these days. Gotta get our guns first, but that curtailment doesn't seem too far off either

An obvious question comes to mind: How do the Feds take tax $$ from clubs in cali or any state?

 

[baba G]

They are breaking the law too, but who would tell them that or do a damn thing about it...they like $$

 

[Darth Fader]

There is nothing more important than individual rights, first and foremost being liberty. If we don't have individual rights, we certainly don't have collective rights.

 

[NaturalTherapy]

They are breaking the law too, but who would tell them that or do a damn thing about it...they like $$

Double standard of the century.

 

[baba G]

Yeah, if they close down Harborside they should have to come up with all the accepted tax $$ from them and give it back to the state. I mean they collect the whole time and then tell them you can't be open because your too big? If that contains a shred of fact, let's start with the banks as they are so big that there is major room for fraud and the like...lmao

 

[Dopegeist]

The law is written that you still owe taxes on illegal gains.