Ft Collins Dispenasries Closing

[putembk]

If you own a dispensary is the city limits of Ft Collins you have until tonight to remove all medical marijuana or have it seized by the feds.
Apparently the feds are coming in tonight to inspect and remove marijuana and any products associated with the plant.
It will be interesting to see if the feds make good on their promise. The spokesman for the feds seemed serious and if I owned a dispensary in the city it would be empty by tonight. To bad.

 

[kolah]

The feds are arrogantly flexing their muscles while our state reps stand down. And without any type of resistance we will see more of the same.

 

[squiggly]

Write to your sheriff.

He is the only person with the authority to put a stop to it.

 

[fishwhistle]

So much for playin by the rules...

 

[A20Grower]

state reps, sheriff cant really do much when it comes to feds..feds have the freedom to do what they want when they want. its about to get ugly :hunter:

I think there are probably people here who would disagree with that statement.

The sheriff has more control than you might think to keep out the federales.
edit - if they choose to exercise it.

 

[kolah]

I think there are probably people here who would disagree with that statement.

The sheriff has more control than you might think to keep out the federales.
edit - if they choose to exercise it.

That is 100% correct. See my "Sheriff Powers" thread that I started here on The Farm.

 

[putembk]

That is 100% correct. See my "Sheriff Powers" thread that I started here on The Farm.

Somehow a county sheriff doesn't comfort me much if I knew the feds were after my ass. Kolah, do you have any examples where a sheriff has turned the feds away from a bust they intend to make? If that's true I'm moving to your county and voting for you. :scared0016:

 

[outwest]

Years ago I remember seeing ghe sheriff of Mendocino county say something like "I don't work for the federal government, i work for the people of Mendocino county!"

I'd bet that's the exception and not the rule.

outwest

 

[rockymtnbuds]

state reps, sheriff cant really do much when it comes to feds..feds have the freedom to do what they want when they want. its about to get ugly :hunter:

Actually The Supremes just recently ruled that sheriffs hold the ultimate power in their counties and have the power to tell any Federal LEO to get the fuck out.

 

[chickenman]

Set em up, knock em down. They allowed it to go on for awhile, lots of fees collected, equipment bought, big investment for these outfits thats lost.

 

[kolah]

A big class-action lawsuit might be a way to go.

 

[kolah]

Somehow a county sheriff doesn't comfort me much if I knew the feds were after my ass. Kolah, do you have any examples where a sheriff has turned the feds away from a bust they intend to make? If that's true I'm moving to your county and voting for you. :scared0016:

See my thread "Sheriff Power" in the Colorado forum here on THC Farmer. Remember also that a county sheriff can have his own SWAT Team and other big toys. A State vs feds war of some type could surely be a possbility. Of course We The People would have to back the sheriff up as well. Power in numbers.

Sheriff Tony DeMeo.
http://www.youtube.com/watch?v=JaEKB8pU2Tw&feature=related

Sheriff Richard Mack
http://www.youtube.com/watch?v=QiBcC8_goVg

 

[waywardson]

Did they show up? Or was it just some bullshit tactic to scare honest people out of business?

 

[Texas Kid]

Doesn't really have anything to do with the powers of the sherriff at all, the city of Fort Collins voted to get rid of despenaries, not a federal action hwat so ever, so all the sherriff can do is enforce the will of voting citizens of Fort Collins and they voted to boot them out..pretty simple

The feds are not doing anything but acting in concert with the local law enforcement to press the deadline..

The sherriff may have all the power in the world but he can't just make stuff up and also have selective enforcement against the actual will of the masses, he is an elected official, elected to enforce the local laws, his personal views are pretty limited in the process when it comes to the scope of his job

Tex

 

[kolah]

You raise good points, Tex.

This is where I do not have a clue to how the system actually works. I will try to explain. Any and all help is appreciated.

Yes you are right Tex, since the sheriff is a public servant of the people he must enforce the voice of the people and keep his personal interests aside.

I have also read where the sheriffs other main duty is to NOT enforce any laws that go against the Constitution. IMO this is huge because most laws that have been passed are in complete disregard for the Constitution and the Bill of Rights. Think about it.

A sheriffs main job is his sworn duty to uphold The Constitution as well as the Colorado Constitution and Amend 20 is penned into the State of Colorado Constitution. If I am correct, it is his job to enforce it unless there are other steps that need to be taken (such as then polling individual counties, etc). Again, I am not sure exacty how that process is supposed to work. If the process calls for a preliminary entire state vote and then it has to be re-voted down into the seperate counties then Tex is correcto mundo.

The state of Colorado voted on Amend 20 and passed it. I am assuming (and correct me if I am wrong) that the people of ALL Colorado counties voted for its passage. I am also assuming that Amend 20 pertained to all counties in the entire state of Colorado. Now does this mean that Amend 20 should be upheld by all county sheriffs in Colorado and end of story? (that is if the sheriffs are following the Constitution which we all know most of them do not do)

It sounds a bit redundant to me but then again I am unsure how the game is played. We voted once and it passed and using my common sense (which is something that doesn't seem to matter much in bureaucracy) but I'd like to think it was a done deal. Why have more voting ? And then go further and gather up a million council meetings, debates, nitpicking wars, etc and set idiotic rules, regulations, yada yada.

I need to do some homework huh? .........but all and any advice is welcome.

 

[Dirty White Boy]

Well it would seem Tk is right on, based on what is currently happening. It's a county sherriff, seems like its the will of the county first and foremost then the will of the state then federal laws.......just my observervation......

It kinda seems simple if the state legalizes and the county allows it then its fine if not the county can zone it out regulate it out or straight up vote it out. The sheriff upholds the will of the people in the county not the will of the entire state.

 

[kolah]

I'd like to back-up-the-bus so to speak. If for a minute we can back to our roots and make decisions based on our Constitutions then things would be much easier and less bureaucratic bs.

The 10th Amendment: “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.”

It appears that We The People are sick and tired of too much government intrusion into our lives , especially from the federal government. The Founding Fathers offered very clear guidance on this – anything the States or The People can handle is NOT just fair game for federal overreaching and flat-out bullying.

It's a shame we have never enforced the 10th amendment huh? It appears that the
10th amendment leaves all decisions up to the states and prohibits any federal involvement. Now if a sheriff has a sworn duty to uphold the Constitution and its Bill of Rights it appears the 10th amendment must be upheld. Therefore, sheriffs should have told the feds to stuff it. And our sheriffs can STILL grow a pair and tell the feds to Get Otta Dodge as per The Constitution.

Sadly, the feds slickly got their foot in the door years ago though. The federales gave out money to the states for roads, schools, you name it which thereby created their governing (ruling) powers and higher authority. It has been said that "the government giveths and the government takes it away." Or better yet, they expect something in return. And we let them do it. And every sheriff is guilty of treason for letting it happen.

 

[Dirty White Boy]

But the people of that county did vote to remove the dispenseries, correct or am I wrong. It wasnt the government it was at a local level. Just like they've done in Calif, Oregon, new Mexico, Michigan.......in all those states I know first hand areas have banned this industry from either moving in or staying. The feds it seems are helping inforce what those areas have decided on......

 

[Texas Kid]

Closing the despensaries down has zero to do with Amendment 20.

Ammendment 20 makes absolutely no claim or reference to the commercial despensary system or the MMJ industry at all..not once

They can ban every single despensary in the state and not effect Ammmendment 20 in any way or violate any right what so ever that was voted on and approved by the state in Ammendment 20.

Until they say...1. you can't grow your own medicine or 2. you can't assign a caregiver in place of you growin it yourself or 3. possess 2oz, they have done nothing to infringe on Ammendment 20. Those are the only three specific issues covered by Ammendment 20, not a single other issue is covered at all.

Tex

 

[kolah]

Thanks DWB and Tex,

I apologize for my ignorance. I used Amend 20 as an example but in all reality I should have used HB 1284 as it pertains to the dispensary issues.

HB1284 says that a local government may “vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana‐infused products manufacturers’ licenses” permanently.

from Matt Brown (from last year) :
Colorado Revised Statues Title 31 Article 11 Section 105127 states that
citizens may contest any action taken by their local government by putting the
issue to a vote of the people. If a local government chooses to ban MMJ Centers
or other classes of license, the citizens have 30 days to collect signatures from at
least 5% of the registered voters in that district. Once the signatures are
certified, the proposed ban is stopped and placed on the ballot for the voters to
decide. When CMMR ran polls in November, our research suggested that wellregulated
medical marijuana had 64% statewide approval, with over 50%
support from Republicans, Independents, Democrats and virtually every age
group. Given such widespread support, it is unlikely that many of these bans
would pass if put to a public vote.

The same process applies to put a proposal allowing medical marijuana
businesses on a local ballot. If a particular city or county council is dragging their
feet on creating dispensary regulations, the citizens have the power to put their
own proposal directly on the ballot. Contact your city or county’s election office
to find out how many signatures would be needed to overturn a moratorium in
your area.

to be con't..