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Obama's DEA Needs to Stop Raiding Medical Marijuana Dispensaries

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By now, you've probably heard about the DEA's full-scale assault on medical marijuana dispensaries in Montana on Monday. You're probably asking yourself what the hell happened to Obama's promise that state laws allowing medical marijuana would be respected, and I'm going to answer that question as best I can.

The big problem here seems to be that Montana's medical marijuana law doesn't explicitly authorize dispensaries. Claiming (as some have) that these businesses are perfectly legal under state law isn't exactly accurate, and thus DEA could argue that their actions are consistent with the Attorney General's pledge to intervene only when state laws are violated.

Similarly, when raids occur in states that do explicitly authorize dispensing, the implication (theoretically substantiated by sealed records) is that those operations were shady somehow. I'm not defending the DEA's actions by any means, but merely trying to shed light why some places are raided, while most are left alone. There actually is a policy in place, but it's impossibly vague and its enforcement is seldom accompanied by any explanation from the people calling the shots.

But let's get one thing straight: DEA intervention is unnecessary and intolerable regardless of whether or not violations of state law are taking place. DEA is a federal agency and has no business interpreting local laws that they don't even have authority to enforce. States have all the tools they need to address violations of their own laws. It's absurd to even pretend as through DEA is merely assisting in that process, since questions surrounding state law are irrelevant in federal court either way. There exists no logical role for federal enforcement at any stage in the process, the potential for abuse is dramatic, and no recourse exists in the event that a lawful business is targeted erroneously.

The bottom line is that few, if any, among us really understand what constitutes a fair raid under the current federal guidelines. Each subsequent high profile DEA attack on the medical marijuana community further fuels the public perception that the deeply unpopular war on patients is continuing under Obama's watch. It's a hideous thing to behold and the President's own words about not wasting resources on exactly this kind of crap come quickly to mind as the DEA continues to make headlines for smashing up dispensaries in medical marijuana states.

There's nothing surprising about DEA's behavior throughout all of this (we know what to expect from them), but I do think the White House would be wise to regroup and see if more can't be done to keep federal fingerprints off the medical marijuana issue entirely. Obama's reelection campaign will coincide with an aggressive push for full legalization in multiple states and anything he can do to appear less than hostile to an enormous segment of his base will serve him well. A reputation for hypocrisy with regards to medical marijuana will undermine the President's ability to pick up points as young voters turn out in large numbers to support reform measures in 2012.

As the movement for marijuana reform grows ever larger, so do the political risks associated with standing in our way. If Obama has any intention of learning to deal intelligently with the changing politics of marijuana, his first step is to end the federal war on patients, and to do so clearly and decisively.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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Media Awareness & DEA pills

Well said. In order to move the masses, media must be used. Educational programming on TV and media blitzes online, full of supportive scientific evidence and statistics, seem to be the most effective awareness platforms. To change ones awareness, it is necessary to show them the arguments and the solutions. We need MMJ advocates to show the people the truth via mass media. Show how people can drive under the sole influence of marijuana. Show how students perform better on tests under the sole influence of marijuana. Show how the monkey experiment was inaccurate. Show that alcohol is the gateway "drug". Show the money being wasted on putting marijuana users in jail. Show the counterproductive hypocrisy of million dollar anti-marijuana grants awarded to counties that are actually taxing collectives. Show and tell, the myths dispelled, a call to action on every democratic faction, progression of intelligence, less lobbyist dollars and more factual sense will keep the politicians more honest and street dealers not missed.

Marijuana pills are Schedule 3, yet marijuana flowers are Schedule 1. The DEA and the pharmaceutical companies are in bed together. They are on a path to make money on marijuana pills and want to stop the competition, i.e. grassroots growers and collectives. The rule of thumb with the DEA: if you  are making more money than they are, then you are considered a criminal. Remember folks, being discreet goes a long way.

Medical Marijuana lets legalize an stop the BS

Ok I have to agree we do need to educate the world in general; that is if they really want to hear us or do the see only the might dollar.  Yes it is true the doctors are here for our well being or is it as the post mention an we all know unless we give the deaf ear to not hear the truth.  What can we do well last time I heard this is still the USA an we have a history of changing things that are not right.  

 

Then are the two in bed with each other hell yes, this is worse than having no choice ready my profile on facebook Fumo MMj  or at twitter LaFumoPipeFan you ready about my nightmare with prescribed medication and the medical community. 

 

 

The truth is we need to unit as one and change this MF laws an if the people in any office need to go as well.  This is a new start a new or Ideas.

 

I have starting to educate the Spanish Speaking through Utube/Facebook/Twitter.

 

I am said to think that the government and Doctors of Modern Medicine(were is the Irony) an the MF DEA are not thinking of the people choice are we or do we not live in a free country. 

 

 

Freedom of Choice 

DEA Limits Its Ability to Express Itself

It seems the only time we hear from the DEA is when they bust somebody, or kill them.  Assuming some Montanans were operating on the fringes of Montana state law is still no justification for what the DEA did.

A civilized approach would be to warn Montanans that their local ordinances, or lack thereof, are setting up some of their local businesses for a criminal legal action.  So that Montanans, having nothing better to do that day, could quickly tweak their laws and put the dispensaries out of the DEA’s reach.

But the DEA didn’t do that.  It’s like the Nazis.  They don’t warn people.  They just shoot them. 

Civility is the power company sending you a warning before shutting off your electricity.  Civility is a friendly warning tap on the shoulder.  But there’s never anything civil about the DEA and its various prohibitionist branches.

The clumsy, iron-gloved approach the DEA takes in ‘communicating’ with American citizens manifests itself from something dark and cruel living deep inside the infamous drug agency.  Whatever makes this cruelty thrive, it’s a menace that must be removed if we are to live in a civil society.

Giordano

2012

this is an election cycle so expect this to happen in swing states and in swing districts.

Montana is pathetic

Montana is destroying what this country is all about. The DEA, Obama, and Holder have now proven beyond a shadow of a doubt that this country is a police state of hypocrisy that does not allow the freedom or justice this country was founded on. Get this jerk out of office now! 

Montana is Pathetic

Well my friend I was raised nearly Billings in one of those rural towns in Wyoming get this we had to travel a freaken 100 miles one way to see a concert back in the day.  Then I am sure you know this is a state that has their old mentality stuburn bullhead closed minded backcountry bunken mentality.

 

We are talking about a retard thats was hooked on heron well tell the pendejo that this mexican american says learn to read.  That's right MF go to google if you know what that is and their you will ready with wikpedia on how MARIJUANA/MARIJHUANA/MARIGUANA/CANNABIS/WEED is used to help people kick serious addictions.

 

Just ready my profile on facebook FumoMmj/Twitter LaFumoPipeFan or go to Utube.

 

Let get this retard out of office I went to school with these so called good old country boys.  The should remember what the will doing at the parties.  Lets hope you dirt does  come out to haunt this man an then he take his sorry ass up into the hills were no one will care to hear what he has to say.

 

Unite Marijuana Medical Community.

 

We are known to change what is wrong and to take idiots out of office.

D.E.A. CRIMINALS

THIS ALL SOUNDS VERY FISHY TO ME ...SEALED SEARCH WARRANTS???

DO YOU NOT HAVE THE RIGHT TO READ THE SEARCH WARRANT WHEN THEY KICK IN YOUR DOOR ???

SOUNDS TO ME LIKE ALL THESE BIG BAD DEA GUYS THAT WE HIRED TO DO A DANGEROUS JOB FOR US ARE SCARED TO DO THEIR JOBS, AND INSTEAD WOULD RATHER BE BULLY'S AND PICK ON THOSE WHO CHOOSE NOT TO, OR ARE UNABLE TO FIGHT BACK....

YOU KNOW WHAT THIS REALLY SOUNDS LIKE TO ME ???  TELL ME IF IM WRONG BUT DOESN'T THIS FIT THE BILL OF A HOME INVASION... I KNOW THESE WERE COMMERCIAL BUSINESS BUT DON'T WE EVEN HAVE THE RIGHT TO BE SECURE IN OUR PLACE OF BUSINESS ANYMORE ???

THEY KICK IN THE DOOR, WITH GUNS DRAWN SCREAMING ORDERS AT THE TOP OF THEIR LUNGS THAT WE HAVE TO OBEY LIKE OUR LIVES DEPENDED ON IT ,  BECAUSE THEY DO ...IF YOU DON'T DO WHAT THEY WANT , THEY WILL JUST SHOOT  AND KILL YOU... AND THEN RUN OFF TO CHUCKLE ABOUT IT LATER WITH THEIR FRIENDS

THEN FOR "THEIR" PROTECTION THEY SAY THEY HAVE TO RESTRAIN YOU. WHICH IN MOST CASES MEANS HANDCUFFED FACE DOWN ON THE FLOOR WITH A GUN TO THE BACK OF YOUR HEAD...

WHILE THEY ARE EMPTYING OUT YOUR CASH REGISTER, YOUR SAFE , AND ALL THE DISPLAY CASES OF THEIR MERCHANDISE... BASICALLY HELPING THEMSELVES TO WHAT EVER THEY WANT

AND IF ALL THAT WASN'T ENOUGH YOU SUDDENLY YOU REALIZE ....THEY ARE JUST HERE TO ROB YOU LIKE A COMMON THUG, LIKE AN OLD WEST BANK ROBBERY, BUT THESE ARE NOT COWBOYS  

THESE GUYS HAVE MACHINE GUNS AND BODY ARMOR AND A SECRET "SEALED" WARRANT  THAT ALLOWS THEM TO GET AWAY WITH THIS.... WITH OUT GOING TO JAIL LIKE ANYBODY ELSE WOULD 

... BUT THESE GUYS HAVE BADGES AND GUNS AND THEY ARE PAID WITH OUR TAX DOLLARS

SO LET SEE IF WE CAN RUN DOWN A LIST OF "FELONIES" THAT WERE COMMITTED HERE IN THE NAME OF JUSTICE...

FIRST OF ALL ... WE HAVE BREAKING AND ENTERING , MAYBE A LITTLE TRESPASSING EVEN

SECOND THEY USUALLY DON'T LEAVE WITHOUT DAMAGING ALMOST EVERYTHING SO NOW WERE LOOKING AT DESTRUCTION OF PRIVATE PROPERTY AND VANDALISM...

THIRD IM PRETTY SURE BRANDISHING A FIREARM DURING A ROBBERY IS A WHOLE NOTHER OFFENSE.

FOURTH  THEY RESTRAIN AND RELOCATE YOU AGAINST YOUR WILL WHICH IS KIDNAPPING...

FIFTH  IF NO ONE GETS ARRESTED OR EVEN HAS CHARGES FILED AGAINST THEM, BUT THEY STILL REMOVE MONEY AND ITEMS FROM THE STORE, THAN THIS IS JUST A GOOD OLD FASHIONED ARMED ROBBERY... 

THEY KICKED IN THE DOOR HELD YOU AT GUN POINT TOOK ALL YOUR MONEY AND STUFF AND THEN JUST LEAVE WITH OUT FILING ANY CHARGES...

I HAVE BEEN THE VICTIM OF A HOME INVASION ROBBERY AND THIS SURE SOUNDS JUST LIKE ONE TO ME!!!!

Robbery and Intimidation

A bunch of roid-raging squares out to rob and scare people. They absolutely do realize that the 'Drug War' is a lost cause. But they just can't stop, they make too much money from both sides of the legal spectrum. I hope they all get cancer and DIE! 

 

NOTHING BUT CRIMINALS!

 

We have a fascist, corporate oligarchy for a government...

 

Let them continue to show their true colors. Things will have to get worse, before they get better. The People will always win in the end...

Four more years! ;P

Four more years! ;P

Prohibition has enriched our

Prohibition has enriched our boys in blue, both in numbers, power and equipment.  We granted them the right to bust our doors down, ransack our homes, kill us if need be and our pet's too, arrest us and jail us,take our homes and properties and even our children, then force us into rehab!  All to punish us for the use of marijuana!  Sort of over the top punishment that in no way matches the "crime".  Where the hell has reasoning gone?  What an adult chooses to do in his home while harming no one else should never be the concern of our Government.  Stay out of my home, stay out of my medicine cabinet and stay out of my garden!  What are we teaching our children about democracy if we show them how we can bust doors down and take homes away for such trivial breaches of the law?  We come off as ignorant fanatics who let induced government fear take away our precious freedoms so easily.  The freedom to be secure in our homes.  The freedom from unwarranted search and seizure.  The freedom to medicate ourselves with herbs if we so feel without government oversight.  Do away with the DEA, it has hurt America much more than the threat of drugs.  They stole our freedoms.

Are we in a budget crisis or not ???

Because I can't believe tax dollars are paying this shit while we are closing schools and firing teachers.

First of all, the DEA is not

First of all, the DEA is not enforcing state law, the DEA is enforcing its own federal laws that bans the use or sale of marijuana. In fact, according to the federal government, all states that allow the sale of medicinal marijuana are breaking federal law.  This was the issue in the Gonzales v. Raich in which the Supreme Court upheld Congress's power to prohibit the sale of medicinal marijuana under the Commerce clause of the Constitution, even when there is a state law that allows it.  So Obama has taken the stance that, "ok it is against federal law, but if a state has passed medicinal marijuana laws, then we [the federal government] will not enforce our own laws there." The point I am trying to say is that this is not an issue of state law but wholly of federal law. Next, the DEA are not committing crimes as me and you commit crimes. If a DEA agent conducts an unreasonable search and seizure without a warrant then your remedy is the exclusion of evidence at a trial against you.  Businesses are afforded less protections under the 4th Amendment than a person's private home because the privacy interest in a public place is a lot less diminished then in a person's private home. This is especially true when these dispensaries are open to the public like a business.  An exception to the warrant requirement is the plain view doctrine. So if illegal drugs are within plain view of a law enforcement official, then they would not need to obtain a warrant from a neutral and detached magistrate.  Let me be clear, I am not arguing one way or another what the law should be, just trying to inform you guys that you are making the wrong arguments.

Um, your first mistake (and one that is all too common)

is trying to argue that federal law trumps State laws, this seems to be the consensus opinion of statists of all stripes.  But if you study the Founding Fathers' writings and the Constitution, this all-powerful Federal Government with states being subservient is not at all what they intended to create.  In truth the federal government is supposed to be subservient to the People and the States.  What the Founders attempted to create was a voluntaryist society; what we currently have is anything but voluntaryist.  The People need to restore the correct balance, with the People at the top of the heap, the States next, and the federal government at the bottom of the barrel!

i heard that the head of the DEA has an investment in Marinol?

and that this was the way he was enforcing a monopoly on a commodity, through big pharma.  Apparently, in CA the IRS is getting involved, and summarily refusing standard business deductions, (granted to every other business in the union), using a Reaganesque 'crack house forfeiture' law, 280E;  stating that the law abiding and state sales tax paying dispensaries owe hundreds of thousands of dollars, and they are in forfeit of tax law.  There is big money somewhere behind this.  Perhaps the CIA can't pay it's bartab anymore, and needs cash?  Criminals and thugs running rampant in the name of law and order is akin to the brown shirts in Hitler's Germany.  Resistance may be futile, but creative solutions are mandatory.

i heard that the head of the DEA has an investment in Marinol?

and that this was the way he was enforcing a monopoly on a commodity, through big pharma.  Apparently, in CA the IRS is getting involved, and summarily refusing standard business deductions, (granted to every other business in the union), using a Reaganesque 'crack house forfeiture' law, 280E;  stating that the law abiding and state sales tax paying dispensaries owe hundreds of thousands of dollars, and they are in forfeit of tax law.  There is big money somewhere behind this.  Perhaps the CIA can't pay it's bartab anymore, and needs cash?  Criminals and thugs running rampant in the name of law and order is akin to the brown shirts in Hitler's Germany.  Resistance may be futile, but creative solutions are mandatory.

genocide

Support the back stoppers and stop the Genocide

 

                        How many more deaths? It doesn’t take a rocket scientist to figure out what the foreign owned pharmaceutical companies, the medical monopoly, and the Arab oil money is doing to our cities, our towns and our country. A stop sign or a speeding ticket should not be a life or death encounter for either party, Ben Franklin said “a civilized society is based on liberty and tolerance” We need to restore that liberty and Tolerance, but the czar and his Nazi claim that cant get any community support, While the talibomb blatantly ignore the will of the people from Oakland California to Columbia Missouri.  Ozzy Osborne proves it’s genetic and with the disproportionate amount of blacks that become victims of their war proves their drug war is fraudulent. It took drugs and courage to settle the old west, anyone would be a fool to believe the future would be any different the only difference is are we going to give up our freedom, our property right As our Thomas Edison’s, our Thomas Jefferson’s, Our George Washington’s and our Henry Ford all illegal drug user fall victim to their war? The Indiana cop wonders why he can’t stop persecuting the peaceful pot smoker, when will the Christian be allowed to celebrate the power over the plants and animals’ God has granted all men in the first page of the Christian bible? Read more in the book

ABOUT CHRISTIANS AND FREEDOM @Amazon.com

Or  AN OPENING FOR THE LIVING @ Amazon.com

Stop the War on Sick People

I for one am ashamed to be part of a society where so many uneducated people fight so hard to keep a scientifically proven medicine from people who need it.

Yes, we need to educate the masses about cannabis and the cards are stacked against us. The government controls the media and you will never see the brutality in these raids on the national tv news. The best resources we have now are on the internet and they are also in danger of being lost, aka net neutrality.


 

wow... so surprised to see a

wow... so surprised to see a liberal tell us what and what not to put in our bodies... (note sarcasm). Apparently the only place "pro-choice" has any meaning with leftists is when it comes to a baby. 4 more years! Is this what to expect from Obamacare?

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