Obama's War On Medical Marijuana Just Got Even Uglier

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One month ago, Eric Holder testified before Congress that the Dept. of Justice is only targeting medical marijuana businesses that violate their state's laws. Anyone who didn't realize it was a lie should be getting the message right about now.

The federal government is moving to shut down the nation's largest and highest-profile medical marijuana dispensary operation, filing papers to seize properties in Oakland and San Jose where Harborside Health Center does business.

Copies of the federal Complaint for Forfeiture were taped to the front doors of the two dispensaries Tuesday, alleging that they were "operating in violation of federal law."

Medical marijuana advocates, as well as some state and local officials, decried the action, saying it hurts patients in legitimate need of the drug and breaks repeated promises by President Obama's Justice Department that it was targeting only operations near schools and parks or otherwise in violation of the state's laws. [LA Times]

They're not even pretending it's about state law anymore. Harborside has a permit from the City of Oakland and pays millions in taxes to the state of California. They've been covered extensively in the press, and featured on the Discovery Channel program "Weed Wars". Everyone knows exactly what goes on inside Harborside because we've seen it with our own eyes: they provide high-quality medical cannabis and other services to qualified patients. This is the definition of a legal and well-regulated medical marijuana dispensary.

So how are the feds justifying their attempt to shut down the most responsible business in the industry? They are claiming, I kid you not, that it's just too successful:

I now find the need to consider actions regarding marijuana superstores such as Harborside. The larger the operation, the greater the likelihood that there will be abuse of the state’s medical marijuana laws, and marijuana in the hands of individuals who do not have a demonstrated medical need. – U.S. Attorney Melinda Haag

This is beyond outrageous and it flies in the face of even the most recent excuses put forward by the Attorney General and the President himself when attempting to justify their escalating war on medical marijuana.

By targeting Harborside solely on the basis of its reputation as the nation's "biggest" medical marijuana provider, DOJ forgets something rather important: it's the biggest because it's the best. Harborside is a model of safe, secure, patient-oriented medical marijuana services. It's also a model of legal compliance, and any effort to shut its doors simply obliterates the Attorney General's recent claims that DOJ is merely upholding local laws. He really should stop saying that.

It boggles the mind to imagine what sort of perverted logic is driving Obama's vicious assault on a voting block that helped elect him four years ago. What little the President has said on the matter in recent months is now even more obviously false, and if it isn’t about upholding state laws, then the question of the Administration's true agenda is something about which we can only speculate. It isn't winning him any votes, that's for sure.

Today, anyone who's tried to make excuses for Obama's horrible handling of all this should just stop. Anyone who says this President is secretly a friend of the marijuana reform movement should close their mouth. Anyone who's claimed that "they're only busting bad dispensaries" can cut the crap. This is a war. It's Obama's war. And to my friends who are too afraid of Mitt Romney right now to criticize Obama, I say you're making our President more dangerous by meeting his mistakes with silence.

If you don’t want Obama to destroy medical marijuana in America, this would be a good time to speak up about it.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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ANd if making new courts

ANd if making new courts fail, then by all means, we are justified to take justice into our own hands and dispense summary justice to all of these satanic politicians.

 

Either two ways- let's make new courts or let's just kill the fuckers

Drug Lords

We can only assume that Obama is getting larger political contributions from Drug Lords than he is getting from Medical Marijuana Dispensaries!!!!!!

VOTE RON PAUL

VOTE RON PAUL OR BE A HYPOCRITE 

FED Gov proven medical use

http://www.cancer.gov/cancertopics/pdq/cam/cannabis/healthprofessional/page4

What is wrong with people??!!!!

I am CONSTANTLY disillusioned by people in general, lately, and it just keeps getting worse. This is a discussion about how the federal "government" is attempting to derail the medical marijuana industry but it seems every other or every third comment is someone trying to tell someone else how dumb what they think is, or argues about semantics! WHO GIVES A SHIT?! Seriously people! Pull your heads out of your behinds and realize that we should NOT be against EACH OTHER ... if no other time, this is when we need to be coming together for the betterment of our homeland, not telling someone else that their opinions, statements, etc. are DUMB or wrong or what have you. Everyone has their opinions, AS WELL AS THE RIGHT TO VOICE THEM ...so if it happens to be something you don't agree with.... DON'T LISTEN!

Does it make you feel better or in control or less like an ass to speak negatively to another?  I just don't get what the purpose of displaying a bad attitude and pointing out the smallest, most ridiculous issues IN A PUBLIC FORUM, directed at people you don't know and scenarios you know nothing about!! No wonder there is endless conflict in the world - sad, depressed, unhappy and discontented people hanging around CLEARLY picking fights for no reason just because they live a miserable existence?? And don't tell me "i'm not miserable! don't judge me!" because if you were a HAPPY PERSON these negative types of thoughts wouldn't even enter your mind.

I'm just so disgusted with the masses of people that seem to thrive from being antagonistic and oppressive.

It's been damn near impossible to not call some people SELF-RIGHTEOUS IDIOTS but look at how they act, listen to the poison words they spew.  How can we change our world unless we change ourselves first?

Hope and change

It is unfortunate when presidents do not honor their promises.  Or what were perceived as promises.  And in this instance, it was generally anticipated that the president would loosen the inflexible restraints of the past decades with respect to cannabis.  But four years into his administration this has not come to pass.   

Carl Olsen's picture

Stop Blaming Obama and get to work

The problem is that California hasn't done anything thing about federal scheduling. When a state accepts the medical use of marijuana, that creates a duty on the state to follow through by changing federal scheduling. Take Oregon's assisted suicide law for example. The U.S. Department of Justice tried to shut it down, and Oregon sued them and won. Gonzales v. Oregon, 546 U.S. 243 (2006). Blaming President Obama isn't going to fix this. The people of California need to fix it. California has the law, but the people of California haven't sued their California state officials for failure to stand up for it at the federal level.  Blaming President Obama shows real ignorance of how our system works.

 

Obama hasn’t changed his position since 2008 when he promised he would do nothing to help with this issue, or since 2009 when the U.S. Department of Justice wrote this memo:

 

October 19,2009 MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS

FROM: David W. Ogden - Signature of David Ogden

Deputy Attorney General

SUBJECT: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana

 

"in prosecutions under the Controlled Substances Act, federal prosecutors are not expected to charge, prove, or otherwise establish any state law violations"

 

http://www.justice.gov/opa/documents/medical-marijuana.pdf

 

If you lived in California, you could sue the state for failure to file for federal reclassification today. Stop blaming President Obama for something the people themselves have the power to do and will not do.

 

Blaming the President is so easy. Meanwhile, there's something that could actually be doing about it. I'm sick of this whining.

 

What Obama told us all in 2008 is that he wasn't going to spend any political capital on this issue and he's kept that promise. He never said he would fix this. And, why should he? If the people themselves won't do the right thing and sue their state for failure to challenge federal classification, then it’s the people who are responsible for the problem you are complaining about. http://www.youtube.com/?watch?v=LvUziSfMwAw

 

Gonzales v. Oregon, 546 U.S. 243, 258 (2006):

 

The Attorney General has rulemaking power to fulfill his duties under the CSA. The specific respects in which he is authorized to make rules, however, instruct us that he is not authorized to make a rule declaring illegitimate a medical standard for care and treatment of patients that is specifically authorized under state law.

 

Gonzales v. Raich, 545 U.S. 1, 28 n.37 (2005):

 

We acknowledge that evidence proffered by respondents in this case regarding the effective medical uses for marijuana, if found credible after trial, would cast serious doubt on the accuracy of the findings that require marijuana to be listed in Schedule I. . . . But the possibility that the drug may be reclassified in the future has no relevance to the question whether Congress now has the power to regulate its production and distribution.

 

It would be far more productive to be critical of the people who live in these state that have legalized medical use of marijuana than to complain that Santa Claus didn’t bring you a new toy this year.

Yes I agree. I'm going to

Yes I agree. I'm going to take it a step further and accuse people of not really actually reading the 2009 memo about federal law and state law. To me this is a pretty clear statement:

"On the other hand, prosecution of commercial enterprises that
unlawfully market and sell marijuana for profit continues to be an enforcement priority of the
Department. To be sure, claims of compliance with state or local law may mask operations
inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement
should not be deterred by such assertions when otherwise pursuing the Department's core
enforcement priorities. "

http://www.justice.gov/opa/documents/medical-marijuana.pdf

This states that the federal government intended full well to go after dispensaries like Harborside because they are large scale commercial enterprises whether or not they are in compliance with state law. However again if Harborside thinks they are in the right then I hope they take it to court and fight till the bitter end. We'll see.

The absolute best post I've

The absolute best post I've ever read here.  Thank you

Carl Olsen's picture

What Harborside needs to do now

I tried to tell this to Harborside a year ago, and all they did was friend me on Facebook.  What they need to do now is counter sue the state of California and make the state pay their federal tax penalties and loss of property.

Thinking Clearly's picture

Gary Johnson will legalize marijuana

He will end the war on drugs.

Obama never said that. He didn't even do what he said he would do. What's confusing about that?

If you want to end the war on drugs and see legal marijuana vote for Gary Johnson. Vote for someone that will do what he says he will do.

If you are going to stay home instead like a child pouting, you have no one to blame but yourself. Don't blame Obama or Romney. You get what they have to offer and no more. Neither has much to offer unless slavery is your idea of freedom in America. The Citizens are now United.

What are you going to do about it? Add your 2 cents?

kkk

I need. Help I I'm in Fla Eusti s. Fla zap 32726

Where's Jimmy Carter when we need him?

The only President that actually had a plan to legalize cannabis but was brought down by a sting on one of his aides.The forces of prohibition have no interest in compromise.They use fear and blackmail to get to anyone who makes too much noise.That may be Mr.Lee's crime.He should never have had to step down but was wise to do so.This does,if nothing else,show the total insanity of the war on cannabis.It also puts the lie to everything that this administration has claimed in their misinformation campaign.They are at war with all forms of marijuana.They are liars and hypocrites.

T.H.C.

I put my name on the medical side of this foundation & await to see how "Our Country Tis of the will treat me for this signature.

Why wouldn't Obama declare war on Medical Marijuana?

There is absolutely no downside for him.  Our Idiot In Chief may gain a few votes for being "tough on drugs" but will not lose a single vote because of it.  Is there anyone here that was planning on voting for Obama but is now voting for Romney? 

Yeah, I didn't think so.

propaganda always wins

I found this article to be quite opinionated and clearly written by someone who has an ax to grind with Obama. I personally think 'dispensaries' are bs. Granted I have had family members who had cancer and used marijuana to ease the pain and also restore their appetite. They are dead now. So who knows how the MJ helped their quality of life while they were still living. They also got the weed from their doctor not a dispensarie. I live in LA where there is one of these places on just about every third block. I hate weed with a passion and if all of them closed I would not care one wit. People also argue having them open stops street level crime from terrorizing neighborhoods. Sure whatever. It's a joke that these places are for 'sick' people and everyone knows it. Anyone who supports these places who is not a cancer patient is just a pot head.

 

See, that is an opinion.

 

NOT news.

 

it shouldn't be printed as news.

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