Justice Department moves to shut down Harborside Health Center

[liketosmoke]

Harborside Health Center's co-founder said Thursday that he will fight the federal government's effort to shut down his sprawling medical cannabis complex in East Oakland.
And if he loses, he'll keep the operation going in any way possible, Stephen DeAngelo said.
"We have no intention of closing our doors," DeAngelo said at a news conference at Oakland City Hall, where he was joined by 50 community leaders, Harborside patients and other backers. "We will never abandon our patients."
U.S. Attorney Melinda Haag filed a federal court complaint Sunday alleging that the $22 million-a-year medical pot dispensary violates U.S. law prohibiting marijuana distribution. A court notice was posted on Harborside's door Wednesday announcing asset forfeiture proceedings.
A similar notice was sent to Harborside's smaller sister dispensary in San Jose.
The complaint is the latest shot in a campaign Haag and other U.S. attorneys have waged since last fall against medical marijuana operations in California. She says any activity that goes beyond small medical marijuana exchanges violates the spirit of the state law that voters passed in 1996 authorizing pot use for medicinal purposes.
Harborside, Haag said in a statement Wednesday, is among "superstores" that violate the spirit of the law.
"The larger the operation, the greater the likelihood that there will be abuse of the state's medical marijuana law, and marijuana in the hands of individuals who do not have a demonstrated medical need," Haag said.
The federal complaint filed Sunday makes no mention of the state law, however. It relies on Harborside's alleged violation of federal drug law in asserting the government's right to seize the property at 1840 Embarcadero, along the Oakland Estuary.
Ana Chretian owns the property and leases space to Harborside. She is also president ofABC Security, which is on the same plot of land, and her attorney Geoff Spellberg said the federal forfeiture action would shut down her business. ABC employs about 250 people.
"I have no position on the rightfulness or wrongfulness of medical marijuana dispensaries, but the strategy the federal government is employing here is wrong," Spellberg said. "We'll be reaching out to the federal government for another solution that is not so contentious."
Haag spokesman Jack Gillund had no comment on DeAngelo's resistance or on any timeline for federal action against the dispensary. Harborside was still open and doing business Thursday.
DeAngelo said the only reason his dispensary is so big is that "we do such a good job." With 108,000 users, who must get a doctor's certificate to purchase marijuana, Harborside is the biggest medical cannabis operation in the nation.
By offering an array of medical marijuana products authorized under state law, DeAngelo said, "We have deprived street gangs and cartels of hundreds of millions of dollars ... created hundreds of millions of dollars in revenue and improved safety."
Among the customers joining DeAngelo on Thursday was Jason David of Modesto, who tearfully explained that Harborside's cannabis is the only medicine that stemmed the pain and seizures of his 5-year-old son, Jayden, who suffers from a rare form of epilepsy.
City Attorney Barbara Parker, a former assistant U.S. attorney, released a statement calling Haag's action "a tragic waste" of resources better used to crack down on violent crime.
City Councilwoman Rebecca Kaplan noted that if Harborside closes, the cash-strapped city will lose $1.1 million in annual taxes from the dispensary, and its more than 100 employees will become unemployed.

 

[liketosmoke]

Like Oakland's Harborside Health Center, the Los Angeles Cannabis Resource Center had the approval of local law enforcement and political leaders for its medical marijuana dispensary. Host city West Hollywood was so supportive that it lent the center $300,000 to help buy its building, and the mayor gave a nationally televised interview in the grow room.
None of that helped the center, or the city, when the federal government moved to shut down the operation and seize the building. The government is now trying to do the same thing to Harborside, the state's largest medical pot supplier.
The West Hollywood dispensary, which had opened shortly before California voters legalized medical marijuana in 1996, was raided in October 2001 by federal agents - who deliberately kept the county sheriff's office in the dark to avoid tipping off the pot suppliers. The shutdown affected nearly 1,000 customers.
West Hollywood lost the $300,000 it had lent the center when the government sold the building in January 2003. The city's legal challenge to the forfeiture got short shrift from federal courts, which said city officials knew federal law was being violated but made no effort to evict the dispensary or contact federal authorities.
Current law may be more favorable for owners of such properties, however, thanks to rulings by two of the nation's most conservative judges. Harborside, with 108,000 patients, could be the test case.
One of many cases

The forfeiture claim filed this week by U.S. Attorney Melinda Haag is one of numerous suits filed or threatened by California's four chief federal prosecutors since they announced a campaign in October against medical marijuana suppliers, who they said were using state law as a cover for drug profiteering. Only a handful of cases have gone to court, but some 400 outlets have closed, either voluntarily or under threat of eviction by their landlords.
Before she targeted Harborside, Haag had gone after dispensaries within 1,000 feet of a school, park or playground. Harborside doesn't fit that description, but Haag said its sheer size made it likely that California law was being violated. That assessment arguably satisfies the Justice Department's policy of respecting state marijuana laws while seeking to shut down certain dispensaries.
Attorneys for Harborside and the building's owner said forfeiture shouldn't be used against a dispensary that follows all state and local regulations.
The dispensary was "in compliance with all state and local regulations to operate that kind of business," said Geoff Spellberg, whose client, Ana Chretien, owns the building. "We would have no reason to believe there was anything improper."
Looking to the courts

The U.S. Supreme Court has rejected attempts to shield medical marijuana in California from federal drug laws, allowing prosecution of patients as well as suppliers. But another set of rulings may provide a lifeline to owners like Chretien, who say they've done nothing to justify a government takeover of their property.
The first decision was in 1998, when the Supreme Court said property forfeitures were covered by the Eighth Amendment's ban on excessive fines - previously limited to criminal cases - and must be proportionate to the seriousness of the underlying offense. The 5-4 ruling was written by conservative Justice Clarence Thomas, joined by the court's moderate-to-liberal bloc.
Last month, another conservative jurist, Judge Carlos Bea, applied the high court's standard to third-party property owners in a ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco.
The case involved a Southern California woman, Maria Ferro, who challenged the loss of her half-interest in her husband's $2.5 million gun collection at their home, seized by federal agents because his felony record barred gun possession.
Forfeiture limits

Bea, writing for a three-judge panel, said forfeiture against a noncriminal property owner must be limited to the extent of that person's responsibility for the illegal conduct. He told a lower-court judge to grant Ferro a partial refund after assessing such factors as her own innocence, her knowledge of her husband's activities and her apparent unawareness of some of the guns.
Based on that standard, "if your only culpability is renting property to someone who pays X thousand a year ... you can't lose the whole property," said Brenda Grantland, a Mill Valley attorney and president of an organization called Forfeiture Endangers American Rights. She said forfeiture would be limited to some multiple of the owner's revenues.
New territory

Assistant U.S. Attorney Steve Welk of Los Angeles, a government lawyer in both the West Hollywood and Ferro cases, disagreed. He said an owner who knowingly leases a building to a marijuana dispensary isn't entitled to the same consideration as someone like Ferro.
Unless Harborside itself can successfully challenge the forfeiture, it will have to move out even if the building owner wins her case. It's not clear whether Chretien could keep the building or instead would receive part of the proceeds from a government sale.
But all sides agreed that the courts haven't yet addressed a case like Harborside.
As Henry Wykowski, lawyer for Harborside's operators, put it, "We're in virgin territory."

 

[chazbolin]

Roughly twice as many people are arrested for marijuana possession now as were arrested in the early 1980s, even though the number of people consuming marijuana is no greater now than then. If police had been as keen on making marijuana arrests back then, it's quite possible that a young man named Barry Obama would have landed up with a criminal record -- and even more likely that he would not have his current job.

'Change we can believe in' What a load of crap. I'm not going to get all political here but no matter who wins in the Nov 2012 elections it is assuredly not going to be good for the MMJ cause.

'Virgin Territory' is a good way to describe what the Harborside case represents. If a national organization, such as ASA, can mobilize as many states to stand shoulder to shoulder with Harborside (let's just say the State of California for starters) than the prospects for states rights and the constituents that vote for all these initiatives that ASA and others collect signatures and $$$ for may actually have some meaning.

Lets put it this way, if MJ/MMJ were legal why would you even need any advocacy groups like NORML or ASA? Now is the time, before the Nov 2012 elections and before Harborside goes to trial to send a message to the fed that while the fed currently claims subjective enforcement of the law, there is no such thing. Laws are written to be enforced equally. If, based on the 10th amendment, the fed does not have jurisdiction in state approved MMJ matters than its up to ASA to motivate each of the affected states to be heard on behalf of this case. If ASA can not spearhead this campaign than their entire reason for being is pointless.

 

[sanvanalona]

This is the thing with the courts, we will never win! The best outcome would be to hope for one that Ed Rosenthal got in the early 00's with a judge breaking ranks, or a jury nullification. Those are the only two ways I am aware of winning in court because of the way the law is written on a federal level. That said, I don't think much can come from the office of the president either, as it would be limited to decree that could still wind up on an unfriendly courts desk and we may still not have much done. I agree with Nancy Pelosi and think that if we want any lasting change it must come through congress. Every med state citizen should be grilling their congressional representatives and get them to start the progress of changing the law on the congressional level. If we raise enough of a stink they will smell us ;). It would start with the rescheduling of cannabis, but believe you me there are so many corporations right now waiting to jump on mmj as soon as it does that I am not sure that is the best way to handle things either.

 

[kolah]

....and some judges do not allow jury nullification to be addressed to the jurors. High Treason!

I keep kicking around ideas and I always come back to one thought. I do not care what the fuck goes on as long as people stop getting jailed for using MJ. If big corps are going to run it then so be it. They'll always be a few mom and pop shops too but for Christs sake, let's keep folks out of jail and release the millions who are now incarcerated for past MJ offenses.

 

[fishwhistle]

The only people that should worry about big corporate involvement are the cash croppers imo,the rest of us personal use guys would just continue with our grows,screw corporate weed.The election is astonishingly close right now,polls say 47% to 47% and the LGBT and illegal immigrant lobbies have gotten the current administration to buckle to their demands in exchange for support so maybe we could use this to our advantage?There are ALOT more potsmokers than gay folks im sure,romney would never budge imo but obama just might and those votes might be just what he needs,one wave of the pen and he can reschedule.My vote is for sale since i consider both these guys piss poor candidates we might as well get something out of it,reschedule you get our votes BUT not until its on paper,no bullshit promises!

 

[sky high]

Maybe it's cause I'm older and really don't care/have more important thngs to worry about... but personally I have never felt safer doin what I do than I do now. I know without a doubt that I sleep better than I did for about 20 years there when I had a commercial gig goin' and no "protection" (nod) whatsoever from county/State agencies.

I agree that "rescheduling" would help..... but to me...the bottom line is that until we see a seperation of NEED (personal) from GREED (commercial) we will all see more regulation come down the pipe that is unfavorable regarding cannabis....no matter who is sitting as our figurehead/puppet on the Hill.

keep growin and smokin and sharin' and we all win, IMO. Give it to the Gov't...in ANY form... and we all lose.

be safe out there...

s h

 

[ttystikk]

The pendulum swings... I think that the only way the Feds can win on their current approach to MMJ is to totally throw the rest of the Constitution under the tank treads. This is an invasion of our rights as citizens, nothing less than that. The only way the Feds can justify any of their actions is to dismantle the rights of citizens. When enough people realize that's what they're up to, they'll help out the legalization movement, even if they have to hold their nose.

What I wonder is whether the ratio of sheeple to activists has just gotten too high in recent years...

And never underestimate the enemy; Prescott Bush (yep, THAT family) was implicated in a plot by big bankers in the 1930s to overthrow the US gov't and install a fascist regime. They failed that time, but between RICO, The 'Patriot' Act and others, they've achieved the same thing, all while assuring the average american that it's being done 'for your own good'. When I hear any variation of that phrase, my gut reaction is to kick the person 'protecting' me right in the gut as hard as I can- after all, they're usually the ones I REALLY need protection from.

 

[markscastle]

A lot of people seem to think growing a cash crop is greed. Well,wrong! Most the greedy ones give up after they find out just how much work it is and how you can lose your crop so many ways from sunday. What cash crop growers are is a way to work for yourself and try to better yourself when everything goes right.Most are small farmers and many like myself can`t hold a regular job because of health reasons. Greed is what corperations would do to the product just for a bottem line without care of quality ,organics, additives. So wanting to protect small family farmers is wrong? The Tax,Regulate and Control freeks can Pog m`hone ! (Gaelic for Kiss my Ass) We don`t need no stinking laws about MJ or MMJ ,that`s what got us into this mess in the first place. Best to decriminalize! It`s already being done a little chip here and a little chip their. The greedy corps. would fool you into the Tax,Regulate,and control laws so they could suck the money out of the people`s pockets faster and F*@K things up more!

 

[ttystikk]

One of the worst crimes perpetrated on innocent American citizens is the disgusting pile of filth known as RICO. This is a monstrous abrogation of a citizens' right to protection from unlawful search and seizure, and not only has it been allowed to stay on the books for going on 30 years, elected idiots have repeatedly moved to EXPAND it!

This is a link to an OLD investigation, but I promise you it's still completely relevant:
http://256.com/gray/presume/

If corrupted, the link is (remove spaces);
. com/gray/presume

It's a long read in 6 parts, but every citizen needs to know what crimes are being commited against their fellow innocent citizens by a government that is wildly out of control and getting worse.

VOTE AND ACT ACCORDINGLY. You have been warned; Freedom is not merely given. It is taken- and those who cloak themselves in the grandest of guises of 'protection' or 'security' are the ones we need to keep the closest eye on.

 

[chazbolin]

While old that was a completely disturbing read. The lines are blurred when it comes to search and seizure and the rewards are what keep the civil wheels turning.

But it's worse today then when that report was written. In the interest of homeland security we've given up rights at the airports and I hear stadiums and other venues are next. Have you heard about scattered x-ray vehicles that can look through your whole house while they drive down the street?

What I took from that read is that if Harborside somehow survives this they're forced into an all cash business. What RICO has taught us is that all cash business's is another arrow in their prosecutorial quiver.

Now is the time to get all the states together on the HPG defense.

One of the worst crimes perpetrated on innocent American citizens is the disgusting pile of filth known as RICO. This is a monstrous abrogation of a citizens' right to protection from unlawful search and seizure, and not only has it been allowed to stay on the books for going on 30 years, elected idiots have repeatedly moved to EXPAND it!

This is a link to an OLD investigation, but I promise you it's still completely relevant:
http://256.com/gray/presume/

If corrupted, the link is (remove spaces);
. com/gray/presume

It's a long read in 6 parts, but every citizen needs to know what crimes are being commited against their fellow innocent citizens by a government that is wildly out of control and getting worse.

VOTE AND ACT ACCORDINGLY. You have been warned; Freedom is not merely given. It is taken- and those who cloak themselves in the grandest of guises of 'protection' or 'security' are the ones we need to keep the closest eye on.

 

[sky high]

What I wonder is whether the ratio of sheeple to activists has just gotten too high in recent years...

No wonderin' here, tyy.

Look at all of the folks who "believed" in MMJ so very, very much that they didn't have ANY involvement with her until Holder said it was safe to do so. These folks have done NOTHING but jump on the wagon and load it down. No activism. No real thought. Just an overblown sense of "privilege" that MMJ was something THEY were entitled to...whether they had a true medical need or not. (true greed is more like it) BAAAAAAAAAAAAAA....BAAAAAAAAAAAAAAA.....

Sheeple. Lots of sheeple.

 

[Seamaiden]

City of Oakland doesn't want to lose all the tax money Harborside is giving them. They are going to defend the business until the end. Also Steve is the kind of guy that would take it all the way to the supreme court and not stop until he is behind bars. The feds have chosen the wrong target this time. But if they manage to shut down Harborside, it's going to set a serious precedent and change the way MMJ is done in california. Really it's a shame that 16 years after prop 215 this is still going on! I thought california was showing that medical cannabis works and doesn't contribute to crime. All it takes is a few jerks to ruin it for everyone, like the idiots in fresno growing 12 foot plants in the middle of town for everyone to see and then shooting someone, causing fresno country to ban all outdoor grows.

I don't think the City of Oakland is going to do much more than pay lip service. They have much bigger, far more pressing problems to deal with from within their own ranks, that equal the problems Harboside is dealing with, if you get my drift.

As a national association ASA needs to let every state know that if Steve goes down than every state that has legalized MMJ is at risk for 'the aiding and abetting of a schedule 1 substance' by knowingly setting up the licensed distribution of this substance. That being the case, the contract between any state agency and the dispensary is complete when that government agency received payment for the revenues brought in by their having authorized said distribution.

fuck grass roots and money bombs Harborside has national implications to every state that has any form of legalized distribution and the defense has to be settled with Amicus Briefs from every single one of those 'legal' states.

If not ASA spearheading this action then who? It is that group and that national message I'd support. Since time is of the essence I would want to see the ASA letter up on their site which goes certified mail to every legal states Attorney General and requests a written response as to whether those states will file an Amicus Brief in this matter. It is those states that will not even respond to an ASA request or decide against filing an Amicus Brief or amici curiae that portends the future for MMJ.

And BTW whoever Steve's landlords are deserving of a special kind of thank you. As of this writing they're risking their properties in this matter.

You speak with as though you have at least some familiarity with the laws that are coming into play in these scenarios. I appreciate this, 'we' need more people who not only understand all the laws, but what we're all up against, this fully.

I mean, I can like your posts all I want, but some of 'em just bear repeating. I'm going to assume that you're also familiar with the infighting and perhaps some of the names of those who chose NOT to associate with or back ASA. I just kinda get that vibe.

I personally do hold my state representatives and lawmakers responsible for not taking the feds to task on a collective level. Unfortunately, I am represented by people like Dan Lungren at the federal level, and even Boxer and Feinstein are remarkably silent on this issue. Pelosi... I have issues with Pelosi and feel she is one of those who is merely paying lip service. We have 58 counties' worth of DAs, boards of supervisors, et alia, who SHOULD be representing US, yet aren't. In my county the claim was that they had the task of representing those who couldn't be bothered to get involved, which allowed them to drive their personal agendas home with easy disregard for the true spirit and nature of the laws involved, as well as complete and total disregard for local law enforcement's recommendations and thoughts on the true effects of their restrictions.

We are being assaulted from all fronts and sides, locally through nationally. I don't know entirely what's going on with that, because I doubt that, for example, our board of five supervisors are really in on any corporatization of the cannabis market. I truly think they just don't like people who use cannabis, as evidenced by their derisive remarks so often made during our fight against them (see my sig line), and they used their power to make that impact, send that message.

And so the beat goes on.

 

[ttystikk]

One of the reasons I enjoy what you have to say, Seamaiden, is because you have something to say; well thought out, carefully considered and on point. I appreciate the education, and I wonder what I can do to help push the boulder a little more in our direction.

 

[Hennepdesk]

Hi all this is my first reply on this topic.

I've seen Weed Wars and also about Harborside. They payed a lot of taxes and this is how governments say "thank you".

What is the plan from Harborside to fight this Feds action? How much time will it take or can it take?

The only way to have a change to legalize is to vote. Everyone should use his or her vote to get marijuana legalized.

Harborside good luck and kick ass!!

HD

 

[fractal]

One of the problems is that "our" representatives have been seduced by the perks of going to washington DC and partaking in their fringe benefits like child prostitutes, unlimited cocaine and champagne on airplanes whenever they want to travel. They have to go along with the feds and be complacent if they want to retain the pleasures of the flesh that they get for screwing us over. DC should come to us, not the other way around. Once a new representative gets the offical tour after being elected, they are already compromised beyond belief! The system is hopeless, it is set up to serve the interest of the rich east coast elite mentality. They don't have to give us anything because they have insider access to any drug they want for themselves, why would they give that up so some pathetic sick people in california can have medical cannabis? What the congress and senate deserve is some spartacus style justice. . .Line rout 66 with crosses from california to washington and crucify every single motherfucking politician on them. Then start over.

 

[chazbolin]

I don't think the City of Oakland is going to do much more than pay lip service. They have much bigger, far more pressing problems to deal with from within their own ranks, that equal the problems Harboside is dealing with, if you get my drift.


You speak with as though you have at least some familiarity with the laws that are coming into play in these scenarios. I appreciate this, 'we' need more people who not only understand all the laws, but what we're all up against, this fully.

I mean, I can like your posts all I want, but some of 'em just bear repeating. I'm going to assume that you're also familiar with the infighting and perhaps some of the names of those who chose NOT to associate with or back ASA. I just kinda get that vibe.

I personally do hold my state representatives and lawmakers responsible for not taking the feds to task on a collective level. Unfortunately, I am represented by people like Dan Lungren at the federal level, and even Boxer and Feinstein are remarkably silent on this issue. Pelosi... I have issues with Pelosi and feel she is one of those who is merely paying lip service. We have 58 counties' worth of DAs, boards of supervisors, et alia, who SHOULD be representing US, yet aren't. In my county the claim was that they had the task of representing those who couldn't be bothered to get involved, which allowed them to drive their personal agendas home with easy disregard for the true spirit and nature of the laws involved, as well as complete and total disregard for local law enforcement's recommendations and thoughts on the true effects of their restrictions.

We are being assaulted from all fronts and sides, locally through nationally. I don't know entirely what's going on with that, because I doubt that, for example, our board of five supervisors are really in on any corporatization of the cannabis market. I truly think they just don't like people who use cannabis, as evidenced by their derisive remarks so often made during our fight against them (see my sig line), and they used their power to make that impact, send that message.

And so the beat goes on.

Astute observations and thank you for the kind words. The reality is that there is not a 501 (c) 3 national organization that represents MMJ rights around this country. We need a national effort that is not fractured by infighting and throwing rocks near all of their competing glass houses. Which national association is prepared to do that and give up their right to lobby and fight for reform once that reform has been achieved. No there is alot more money to be made by raising money bombs, peaceful rally's, demonstrations, initiatives that even if passed go nowhere, and on and on...

You are also completely correct on Oakland not coming to the HPG defense in any serious capacity. They have enough on their plates. If I'm D'Angelo I'm demanding that The City of Oakland and The State of California be enjoined as Co-Defendants in this matter (which will never happen) since it was under their authority I got to build my business anyway. And that whole statement by Haag re the 'size' of the business and 'not in the spirit of the law'. Such utter fucking nonsense! You show me anywhere where the DOJ demarcates the size of the business being relevant to when enforcement action is kicked in. Complete and utter bullshit. What...I can gross, oh pick a number, $2.8M/yr and I'm not aiding and abetting but whoa run $2.9 and all of a sudden the wheels of justice are upon you.

At this point in time I would encourage anyone who has not yet done so to familiarize themselves with the United Nations Treaty on the Single Convention on Narcotics. This treaty is really what steers US drug policy. Please read it. It's long but if you take the time to understand how the USA has led the I believe 72 member countries in maintaining their allegiance to the treaty it centralizes drug interdiction controls to the UN assembly whereby we, as US citizens cede control of marijuana cultivation or distribution in any form to the UN Secretary General.

Here's a taste out of Article One:

1. Except where otherwise expressly indicated or where the context otherwise requires, the following
definitions shall apply throughout the Convention:
a) “Board” means the International Narcotics Control Board,
b) “Cannabis” means the flowering or fruiting tops of the cannabis plant (excluding the
seeds and leaves when not accompanied by the tops) from which the resin has not been
extracted, by whatever name they may be designated.
c) “Cannabis plant” means any plant of the genus Cannabis,
d) “Cannabis resin” means the separated resin, whether crude or purified, obtained from
the cannabis plant.
e) “Coca bush” means the plant of any species of the genus Erythroxylon.
f) “Coca leaf” means the leaf of the coca bush except a leaf from which all ecgonine,
cocaine and any other ecgonine alkaloids have been removed.
g) “Commission” means the Commission on Narcotic Drugs of the Council.
h) “Council” means the Economic and Social Council of the United Nations.
i) “Cultivation” means the cultivation of the opium poppy, coca bush or cannabis plant.
j) “Drug” means any of the substances in Schedules I and II, whether natural or
synthetic.
k) “General Assembly” means the General Assembly of the United Nations.



While the Pelosis and Feinsteins do not represent friendlies to the MMJ movement or would be willing to go on record in support of Mr. D'Angelo and his life work they must not be forgotten in terms of how they stand on the 10th amendment and how they see things as to whether states rights are being usurped. If they have any inclination to defend the 10th amendment and would not be willing to go on record criticizing the HPG matter and directing their AG to file an amicus brief on this matter than if I'm the honorable Steven D'Angelo I immediately sue the State and the City(s) that took my tax dollars and led me to believe I was in full compliance with the laws that governed my operation. And to not put too fine a point on it...the fed took my tax dollars as well, Obama admits to smoking pot and doing some blow, gets elected as a president for Change we Can Believe in, and Eric Holder testifies under oath that the DOJ will not, in general terms, be inclined to focus their 'limited resources' in enforcement of the Controlled Substance Act as long as those enterprises were operating within state guidelines. These are ALL the signs that WOULD suggest Harborside should not only be in business but to grow that business and serve his community!

Don't get me wrong here. I am NOT defending profiteers who build their business on the backs of patients. But let the market displace those pricks. Patients vote with their feet. If business A is screwing me then I'm going to business B. Or better yet, I'm growing my own meds. Perhaps Ms. Haag can tell what business's in California do meet their exacting criteria for purchasing our meds?

I'm still waiting...

The HPG case is our Alamo. Lets find the time to put the past behind us and let get serious about giving HPG the tools to mount a substantial defense. Which organization will be the one to carry that mantle I don't really care. They just have to be willing to work so that someday we won't need them to even exist. Pretty much like the Americans for Safe Beer. I think they rolled it up once prohibition ended. But once that defense is in place I for one would love to be in on the discovery requests for the DOJ. Pin them the fuck down!

Lastly don't think that your vote is for sale. Obama and Romney are no different whatsoever on their position as to how the fed would accept the legalization of MMJ. The only difference is Romney flat out tells you he does not support legalization. I don't believe a word out of Obama's mouth.

 

[chazbolin]

I could not be more serious about taking legal action against the states and localities that allowed HPG to go into and remain in business. If the property owner is considered aiding and abetting why is it that, and this is just for starters, whoever issued the business license, presumably as a dispensary of MMJ, is to be held harmless by the fed? Why is the fed not going after all taxes and licensing monies that were paid to those state and local agencies who most certainly benefited from HPG being in business?

In addition to all the other past mixed and conflicting state and federal signals (Ogden Memo of 10/09 and the 'clarification' memo of 06/11) being bandied about that would reasonably serve to encourage a businessman (first and foremost) like D'Angelo to get out front early and spend the money to bring meds to patients.

More recent developments, January 2011 in a directive issued by the Veterans Health Administration, which as a federal agency has some interesting language in their acceptance of treating those patients that show cannabis in their systems in determination that exists between the doctor/patient while beginning the directive that cannabis is a controlled schedule one drug and thus a falls under the controlled substance act. Further confounding this directive is that the VHA doctor can not sign the authorization for prescription cannabis since as a schedule one drug all schedule one drugs, cannabis included, is deemed to have no medical value and not eligible for patient prescription.

VHA policy does not administratively prohibit Veterans who participate in State marijuana programs from also participating in VHA substance abuse programs, pain control programs, or other clinical programs where the use of marijuana may be considered inconsistent with treatment goals. While patients participating in State marijuana programs must not be denied VHA services, the decisions to modify treatment plans in those situations need to be made by individual providers in partnership with their patients. VHA endorses a step-care model for the treatment of patients with chronic pain: any prescription(s) for chronic pain needs be managed under the auspices of such programs described in current VHA policy regarding Pain Management.

http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2362

This effort is going to take some horsepower. So what organization can be counted on with the resources and skill that will best serve as point in assembling all the states positions behind the HPG case? Will it be Norml, ASA, ACLU, or some other? Perhaps that is up to Mr. D'Angelo to best decide since it is his skin that swings in the balance. But before anyone donates one devalued dollar, or time to this campaign, it must be clearly stated what the mission will be and the success or failure of the rallied message transparent for all to see since it is our collective states/citizens/patients rights that are really at stake.

 

[chazbolin]

After having attended the Harborside Rally and speaking with some long time activists I come away with a different perspective, sadly even a more depressing one, in that the argument to make this a 10th amendment case is thwarted by two cases that went directly to federal enforcement of the Commerce Clause whereby the government rules that even a group of farmers growing wheat at home for their own consumption has to stop because this could affect interstate transportation of farm goods:

In Wickard v. Filburn (1942), in the context of World War II, the Court ruled that federal regulations of wheat production could constitutionally be applied to wheat grown for "home consumption" on a farm – that is, wheat grown to be fed to farm animals or otherwise consumed on the farm. The rationale was that a farmer's growing "his own wheat" can have a substantial cumulative effect on interstate commerce, because if all farmers were to exceed their production quotas, a significant amount of wheat would either not be sold on the market or would be bought from other producers. Hence, in the aggregate, if farmers were allowed to consume their own wheat, it would affect the interstate market in wheat.

RAICH descision - Angel Raich:
Most recently, the Commerce Clause was cited in the 2005 decision Gonzales v. Raich. In this case, a California woman sued the Drug Enforcement Administration after her medical marijuana crop was seized and destroyed by federal agents. Medical marijuana was explicitly made legal under California state law by Proposition 215; however, marijuana is prohibited at the federal level by the Controlled Substances Act. Even though the woman grew the marijuana strictly for her own consumption and never sold any, the Supreme Court stated that growing one's own marijuana affects the interstate market of marijuana. The theory was that the marijuana could enter the stream of interstate commerce, even if it clearly wasn't grown for that purpose and that was unlikely ever to happen (the same reasoning as in the Wickard v. Filburn decision). It therefore ruled that this practice may be regulated by the federal government under the authority of the Commerce Clause

So they are of the considered opinion that no national campaign which would propound an impact on states 10th amendment rights would help or create any type of defense in the D'Angelo case. Based on what is happening in LA right now the 'clean up' appears to be well orchestrated, high profile and a top to bottom drive to quash any commercialization of the industry.

 

[kolah]

Interesting articles, Chaz. With judges getting bought off, true justice is a rarity these days. The Supreme Court and it's rulings are a fucking joke.

You also raise some good points. If the state (with its' MMJ licensing, regulations and monetary collections) is committing illegal federal laws, are they to be held accountable as well? Should the DEA goons be crashing down the doors of these state offices that rake in the cash revenues from taxation and licensing fees?
Hmmm.