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Newsjock

(11,733 posts)
Fri Dec 7, 2012, 12:49 PM Dec 2012

Administration Weighs Legal Action Against States That Legalized Marijuana Use

Source: New York Times

Senior White House and Justice Department officials are considering plans for legal action against Colorado and Washington that could undermine voter-approved initiatives to legalize the recreational use of marijuana in those states, according to several people familiar with the deliberations.

... Marijuana use in both states continues to be illegal under the federal Controlled Substances Act. One option is to sue the states on the grounds that any effort to regulate marijuana is pre-empted by federal law. Should the Justice Department prevail, it would raise the possibility of striking down the entire initiatives on the theory that voters would not have approved legalizing the drug without tight regulations and licensing similar to controls on hard alcohol.

... One option is for federal prosecutors to bring some cases against low-level marijuana users of the sort they until now have rarely bothered with, waiting for a defendant to make a motion to dismiss the case because the drug is now legal in that state. The department could then obtain a court ruling that federal law trumps the state one.

... Another potential avenue would be to cut off federal grants to the states unless their legislatures restored antimarijuana laws, said Gregory Katsas, who led the civil division of the Justice Department during the George W. Bush administration.

Read more: http://www.nytimes.com/2012/12/07/us/marijuana-initiatives-in-2-states-set-federal-officials-scrambling.html

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Administration Weighs Legal Action Against States That Legalized Marijuana Use (Original Post) Newsjock Dec 2012 OP
Or the feds could fuck off and waste our money on something else. Ed Suspicious Dec 2012 #1
Or better yet... Not waste it at all? RevStPatrick Dec 2012 #2
CO & WA laws are instances of nullification proposed in Jefferson & Madison’s 1798 KY & VA jody Dec 2012 #3
Legislatures can't restore Colorado's anti-marijuana law. It's in the constitution. denverbill Dec 2012 #4
The federal government has every police department on the hook. former9thward Dec 2012 #89
Balance the budget SCVDem Dec 2012 #5
Anyone know how we can strongly and effectively communicate a "hands-off" message? RussBLib Dec 2012 #6
try the "states' rights" angle 0rganism Dec 2012 #18
Another possibility... Volaris Dec 2012 #84
Why would it matter that your "Congresscritter is a Tea Party Repug"? Holder (D) is a Democrat. AnotherMcIntosh Dec 2012 #23
Holder can't act... awoke_in_2003 Dec 2012 #46
"Not for long, anyway"? Why would you say that? As long as he doesn't prosecute banksters AnotherMcIntosh Dec 2012 #47
What I am saying is he won't... awoke_in_2003 Dec 2012 #55
I believe that the DoJ is separate from the Executive. BlueCaliDem Dec 2012 #58
If Obama did not want Holder to go after state-approved medical marijuana dispensaries, AnotherMcIntosh Dec 2012 #67
Bingo. nt awoke_in_2003 Dec 2012 #74
You would be wrong. Fuddnik Dec 2012 #71
Ah, another good story ruined by the facts. AnotherMcIntosh Dec 2012 #75
No. History shows clearly, I am CORRECT. You're wrong. BlueCaliDem Dec 2012 #121
There are three branches of government. Which one do you think the DoJ reports to? rhett o rick Dec 2012 #94
Yes. Keywords: BlueCaliDem Dec 2012 #105
Try the "you're going to cost us the 2014, 2016, 2018, 2020 elections" angle grahamhgreen Dec 2012 #81
We have a winner! calimary Dec 2012 #102
From an organizing point of view, the "Congresscritter...Tea Party" fellow might be the jtuck004 Dec 2012 #82
Let it go to trial and see what a jury in that state says. hobbit709 Dec 2012 #7
The method of jury nullification will have to be used, over and over villager Dec 2012 #11
What villager said. jody Dec 2012 #13
Agree! think Dec 2012 #15
That's not cheap nor free. AnotherMcIntosh Dec 2012 #48
What about the poor slob who gets a "law and order" jury. Hassin Bin Sober Dec 2012 #65
Why don't John2 Dec 2012 #8
You can only sue on grounds of Unconstitutionality. former9thward Dec 2012 #100
They John2 Dec 2012 #103
Commerce Clause and 10th Amendment bl968 Dec 2012 #107
OFFS. I can't believe the admin. would waste it's time on this. Why aren't States' Rights Advocates nolabear Dec 2012 #9
Maybe it John2 Dec 2012 #10
Because they're not really for "States Rights" that's just a wedge issue used by them to further Uncle Joe Dec 2012 #25
you get the gold star for today Volaris Dec 2012 #87
The President has decided not to enforce DOMA and let states decide marriage equality. progressoid Dec 2012 #40
You can support... awoke_in_2003 Dec 2012 #56
Pot, the cash crop for the Private Prison Complex. States' rights be damned on this issue. SammyWinstonJack Dec 2012 #114
Bongs Away! Gregorian Dec 2012 #12
This is a clear case of ignoring science and math. Pathetic..... think Dec 2012 #14
they're also ignoring democracy 0rganism Dec 2012 #19
"Pathetic" is an understatement. A fucking waste of time and money. GodlessBiker Dec 2012 #31
Obama may be a NARC, but Jimmy Carter wants to toke up MediaMan Dec 2012 #16
Kudos to Jimmy Carter; a great statesman, in many ways ahead of his time. Uncle Joe Dec 2012 #28
Inevitable & neccessary step maxsolomon Dec 2012 #17
This is one time when the feds need to keep their noses to themselves..... Swede Atlanta Dec 2012 #20
President Obama...take notice and leave it alone. SoapBox Dec 2012 #21
Bring 'em on! Ezlivin Dec 2012 #22
WTF has Obama got to lose by advocating a rescheduling of Marijuana? SHRED Dec 2012 #24
Only Congress can do that. Obama is the president. Different branch. eom BlueCaliDem Dec 2012 #60
Ok, John2 Dec 2012 #108
Time to get rid of Holder. /nt Ash_F Dec 2012 #26
Holder was a HUGE disappointment and should have been axed. Many wanted Jennifer Granholm SugarShack Dec 2012 #57
This would be Obama turning his back on us. Joey Liberal Dec 2012 #27
Again, you mean? villager Dec 2012 #52
Always. nt SammyWinstonJack Dec 2012 #115
the prison industrial complex demands it.... mike_c Dec 2012 #29
Marijuana listed as a Schedule 1 narcotic is obscene SHRED Dec 2012 #30
Remember... greyghost Dec 2012 #32
Sort of like the "Drive 55" federal requirement that tied highway funds to lowering the speed limit? MADem Dec 2012 #33
I heard something to that effect talked about on one of the morning programs. Uncle Joe Dec 2012 #38
Two words: "Jury Nullification" SHRED Dec 2012 #34
Two more words: "Good luck" DefenseLawyer Dec 2012 #77
the 60 Minutes piece said Denver citizens are doing it SHRED Dec 2012 #86
Try it feds, and states will secede Ter Dec 2012 #35
Oh Jesus Christ on a cracker. Arugula Latte Dec 2012 #36
The Ironic Thing Ccarmona Dec 2012 #37
Know what chaps arse bakpakr Dec 2012 #39
Why can't the state use it's National Guard to block the Narcs? - Seriously! socialindependocrat Dec 2012 #41
I just read article in Rolling Stone marlakay Dec 2012 #42
good luck with that-he helped create the drug czar green for victory Dec 2012 #53
Biden Also Pushed Through the "Rave Act" in the Dead of Night AndyTiedye Dec 2012 #70
Didn't he also vote to make student loans nondischargeable in bankrupty? What a populist. AnotherMcIntosh Dec 2012 #78
Huh. They want to treat voters like Michigan treats unions. n/t jtuck004 Dec 2012 #43
Obama smoked pot. Bush smoked pot. Clinton Smoked pot. dorkulon Dec 2012 #44
What a damn minute! Clinton NEVER INHALED!! AAO Dec 2012 #69
Drug laws for only for the little people, much like taxes. SammyWinstonJack Dec 2012 #116
K&R DeSwiss Dec 2012 #45
The DOJ is wasting effort on pot smokers........ Hotler Dec 2012 #49
Well, there goes all beliefs that I had he'd be different in the 2nd term... Comrade_McKenzie Dec 2012 #50
whatever, then make it a finable offense, 1 penny, to be paid, when you get around to it CreekDog Dec 2012 #51
I wouldn't legalize it at the state-level, I'd just change the penality to a 1 cent fine. David__77 Dec 2012 #54
Nothing but kudos for obama but... neffernin Dec 2012 #59
This option doesn't seem viable: JimDandy Dec 2012 #61
Hope for change _ed_ Dec 2012 #62
??? heaven05 Dec 2012 #63
Stop the sale of all liquor? You must be joking green for victory Dec 2012 #66
I think neffernin Dec 2012 #73
it's heaven05 Dec 2012 #79
being heaven05 Dec 2012 #76
When is someone going to take legal action against stupidity? nolabels Dec 2012 #64
Why don't they go after REAL criminals like Bush & CHEEEEney! AAO Dec 2012 #68
Exactly my thought. nt JudyM Dec 2012 #113
You're Welcome Mr. Obama SoCalMusicLover Dec 2012 #72
yep heaven05 Dec 2012 #80
Constant disappointment....Obama aims to please. SammyWinstonJack Dec 2012 #117
Here they go, flushing OUR tax dollars down the toilet LiberalEsto Dec 2012 #83
As A person that did time for pot BobbyBoring Dec 2012 #85
Exactly what I said in another thread musiclawyer Dec 2012 #90
Do they want a repeat of 2010? CrispyQ Dec 2012 #88
JURY NULLIFICATION! wildbilln864 Dec 2012 #91
I think there are a lot of questions union_maid Dec 2012 #92
In theory, yes Hydra Dec 2012 #97
So Telling and So Dumb colsohlibgal Dec 2012 #93
“In Colorado, Pot Got 50,000 More Votes Than Obama” frylock Dec 2012 #95
I live in a red county in WA marlakay Dec 2012 #96
Howdy again, cilla4progress Dec 2012 #109
Howdy back marlakay Dec 2012 #110
Back in the day, cannabis was decriminalized in OR, WA, AK Hestia Dec 2012 #98
Lets Stop the War elbloggoZY27 Dec 2012 #99
grrrr Marrah_G Dec 2012 #101
stupid, but for all politicians it's, "Whose your daddy?" fascisthunter Dec 2012 #104
It's a good thing that we aren't stuck with Romney FiveGoodMen Dec 2012 #106
This would be a very stupid thing for the Obama administration to do. yardwork Dec 2012 #111
This is the most pressing problem facing our nation today jsr Dec 2012 #112
Nauseating! JackRiddler Dec 2012 #118
Lets see who the government works for DiverDave Dec 2012 #119
We all know who it is harun Dec 2012 #120
 

jody

(26,624 posts)
3. CO & WA laws are instances of nullification proposed in Jefferson & Madison’s 1798 KY & VA
Fri Dec 7, 2012, 12:56 PM
Dec 2012

resolutions.

denverbill

(11,489 posts)
4. Legislatures can't restore Colorado's anti-marijuana law. It's in the constitution.
Fri Dec 7, 2012, 12:58 PM
Dec 2012

Federal prosecutors can bring cases, but that doesn't mean state and local cops will enforce their Federal law.

former9thward

(32,028 posts)
89. The federal government has every police department on the hook.
Fri Dec 7, 2012, 05:14 PM
Dec 2012

They all receive significant federal grants. They can threaten to withhold those if they refuse to enforce. Federal money always has conditions and strings attached.

 

SCVDem

(5,103 posts)
5. Balance the budget
Fri Dec 7, 2012, 01:02 PM
Dec 2012

End the insane war on drugs.

We can't even eliminate dandelions which nobody wants.

What lunacy makes them think they can win against plants we do?

Oh yeah! The for profit prison system.

RussBLib

(9,020 posts)
6. Anyone know how we can strongly and effectively communicate a "hands-off" message?
Fri Dec 7, 2012, 01:02 PM
Dec 2012

My Congresscritter is a Tea Party Repug so that's useless....

0rganism

(23,957 posts)
18. try the "states' rights" angle
Fri Dec 7, 2012, 01:42 PM
Dec 2012

this is a rare instance where the "tea party" republicans' knee-jerk impulse to destroy the federal government could work in our favor.

Volaris

(10,272 posts)
84. Another possibility...
Fri Dec 7, 2012, 05:05 PM
Dec 2012

what say you to the idea that the entirety of the Sovereign State Government Beaurracry (as the functional proxy of the Will of The People) of Colorado and Washington are engaging in an overt act of Civil Disobedience, on behalf of the People? Yes, the Governer could, in theory, be arrested for breaking the law and leading others to follow his example, but really, is Holder dumb enough to try it? I know it begs the questions "Can an entire organization be engaged in an act of Civil Disobedience, AND do States possess the same Rights to PEACEFUL Protest as any other sovereign agent (you and me)?"

It might could work....If I were the Governor of Colorado I'd do it...I'd DARE the atty. gen. to come up here and arrest me.

 

AnotherMcIntosh

(11,064 posts)
23. Why would it matter that your "Congresscritter is a Tea Party Repug"? Holder (D) is a Democrat.
Fri Dec 7, 2012, 01:50 PM
Dec 2012

He's a special type of Democrat, a DC Democrat.

In contrast to those of us who are registered as Democrats, make campaign contributions to Democrats, and who vote for Democrats, Holder is a Washington, DC Democrat who will do whatever he wants regardless of whatever communications that he receives from us.

 

AnotherMcIntosh

(11,064 posts)
47. "Not for long, anyway"? Why would you say that? As long as he doesn't prosecute banksters
Fri Dec 7, 2012, 03:19 PM
Dec 2012

and goes after state-approved medical marijuana dispensaries, why wouldn't he have job security as the U.S. Attorney General?

Or are you saying that he has plans to cash in on his Attorney General status and move on to further help the super-rich as one of their employees?

 

awoke_in_2003

(34,582 posts)
55. What I am saying is he won't...
Fri Dec 7, 2012, 03:28 PM
Dec 2012

be going after pot smokers unless that is what his boss wants him to do.

BlueCaliDem

(15,438 posts)
58. I believe that the DoJ is separate from the Executive.
Fri Dec 7, 2012, 03:31 PM
Dec 2012

In fact, as we can recall in the Clinton days, the DoJ can and will prosecute a sitting president, so your assertion that Holder can't act without permission from the president is ill-informed.

 

AnotherMcIntosh

(11,064 posts)
67. If Obama did not want Holder to go after state-approved medical marijuana dispensaries,
Fri Dec 7, 2012, 03:50 PM
Dec 2012

(1) he could pick up the phone and inform Holder of that,
(2) he could call a press conference and make his views known to the public, and
(3) he could choose to not re-appoint Holder as the Attorney General.

The DOJ, as you say, "can and will prosecute a sitting president."

Have you noticed that Holder did not prosecute former Vice-President Cheney who went on television and openly admitted his participation in war crimes by being involved in the water torture (nominally called "water-boarding&quot ?

Have you noticed that Holder did not prosecute other war criminals?

And that he has not gone after banksters?

Holder and Obama are in alignment on those policies. Holder is doing exactly what Obama wants.

Fuddnik

(8,846 posts)
71. You would be wrong.
Fri Dec 7, 2012, 03:53 PM
Dec 2012

DOJ is a part of the Executive.

And, it was a Special Prosecutor, independent from the DOJ, Ken Starr who prosecuted Clinton.

BlueCaliDem

(15,438 posts)
121. No. History shows clearly, I am CORRECT. You're wrong.
Fri Dec 14, 2012, 02:10 PM
Dec 2012

Janet Reno hired the Special Prosecutor Robert B. Fiske to investigate President Clinton in January 1994.

And after Congress passed the Independent Counsel law in 1994, Robert B. Fiske was replaced with Kenneth Starr in August 1994.

 

rhett o rick

(55,981 posts)
94. There are three branches of government. Which one do you think the DoJ reports to?
Fri Dec 7, 2012, 05:57 PM
Dec 2012

My guess is that it isnt the legislative branch that MAKES the laws.

My guess is that it isnt the judicial branch that INTERPRETS the laws.

My guess is that it is the executive branch that ENFORCES the laws.

BlueCaliDem

(15,438 posts)
105. Yes. Keywords:
Fri Dec 7, 2012, 11:51 PM
Dec 2012
enforces the law.

Ya'll forgot when the DoJ went after Clinton? Are you now of the opinion President Clinton wanted to be persecuted by the DoJ?

And since when did Democrats and Liberals become such fans of sovereign state's rights? Only when it comes to legalizing weed? Seriously?

calimary

(81,323 posts)
102. We have a winner!
Fri Dec 7, 2012, 08:40 PM
Dec 2012

If anything's gonna turn off the younger voters, fighting them on pot legalization would. And WILL.

 

jtuck004

(15,882 posts)
82. From an organizing point of view, the "Congresscritter...Tea Party" fellow might be the
Fri Dec 7, 2012, 04:47 PM
Dec 2012

a most passionate advocate, with a lot less to lose. How badly does one want to win? A bonus, it might do the racists among them some good to associate with others for awhile, see another way to live.

(Our state rep just won again. He got popped a while back for pulling a gun on an unarmed man in a road rage incident, but it doesn't seem to have impacted his popularity. I bet he wouldn't like this AT ALL, though I haven't heard his opinion on the weed vote.)

There is a huge group with interests all over the place here who could be organized among, to support the person who gets arrested by the feds with a 1/4 ounce on state or private property.

I wonder what they would do if 5 or 6 hundred thousand people (of the potentially millions interested) in a couple cities started showing up on state land around their nice federal offices, sitting down until they are arrested for the joint they have in their hand too? Well, ok, the roach. It would shut the justice system down and create a huge crisis. They want to send 60 new coal trains through here every day, for China. Imagine those folks just go sit on the tracks until their vote is respected. Because if we are gonna be railroaded, we might as sit on real tracks.

Big place, lots of people, and the IWW did some good work and dying here. Some people just don't take being dictated to well.

That whole demographic change that is pointed to in the last election is what carried these initiatives, I think. Those are the same ones that might get this thrown back in their face, so I don't know how wise it might be to pursue this. 2014 and 2016 need to be kept in mind, with 4 more years of 10,000 people a day turning 65 and economic conditions that may not be markedly different than they are now.

It will be interesting to watch the organizing, if any.





 

villager

(26,001 posts)
11. The method of jury nullification will have to be used, over and over
Fri Dec 7, 2012, 01:21 PM
Dec 2012

...until the Administration drops these insane, excessive policies.

People need to be taught about jury nullification, and prosecutors in these states need to learn they will no longer be able to get convictions on these ridiculous charges.

Hassin Bin Sober

(26,330 posts)
65. What about the poor slob who gets a "law and order" jury.
Fri Dec 7, 2012, 03:47 PM
Dec 2012

My public defender friend says that's who usually shows up. He goes absolutely insane when he hears his liberal friends talk about avoiding jury duty.

The feds are brutal in their prosecution. I would hate to see someone end up with 10 years in the federal clink. Would YOU want to risk it?

You would have to file a motion to dismiss. Absent victory based on that, you would have to plea bargain to avoid serious time.

 

John2

(2,730 posts)
8. Why don't
Fri Dec 7, 2012, 01:03 PM
Dec 2012

groups come back and sue the Congress and the Justice Department, on the grounds that they made marijuana a class level one drug period? Get it into a forum with competing experts. Then go to the issues of Constitutionality. Let Congress and the Justice Department prove why it should be illegal. Take it to the U.S. Supreme Court if you have to. I don't think Congress or the Justice Department can win this issue with the current research on marijuana. They had none of that in 1930.

former9thward

(32,028 posts)
100. You can only sue on grounds of Unconstitutionality.
Fri Dec 7, 2012, 07:32 PM
Dec 2012

What section of the Constitution prohibits Congress from passing a law and the President from signing a law making MJ a class one drug?

 

John2

(2,730 posts)
103. They
Fri Dec 7, 2012, 09:04 PM
Dec 2012

have the right to do that, under the right definition of MJ, but their evidence is weak about the characterization of MJ. If Congress has no evidence to prove what they are characterizing should be restricted, then they can basically make anything illegal, even a glass of milk.

That is where the fight meeds to be. MJ has been falsely characterized. How can this be a Level one drug when it is useful for medical purposes? The evidence did not exist at the time of its useful purposes. Now there is evidence. MJ was Labeled a narcotic under the Controlled Substance Act of 1970. It was also painted as addictive. A lot of successful people have smoked it and led successful careers. You get rid of the myths, then Congress has no reason to mis characterize it. When medical marijuana reached the U.S. Supreme Court, the plaintive used the Commerce Clause and lost the case 5-4. All the lIberals on the court voted against using medical marijuana, but the conservatives voted for except Scalia, who voted concurred. The case needs to be argued on different grounds. I think at the lower level, the labeling of marijuana by Congress needs to be challenged with scientific evidence by experts. The proponents need to show cases of harmful effects, such as addiction. I just don't think the Federal Government can prove it's case now. That needs to be re litigated.

bl968

(360 posts)
107. Commerce Clause and 10th Amendment
Sat Dec 8, 2012, 02:48 AM
Dec 2012

Actually the Federal Government can't, they are limited by the Commerce clause and the 10th amendment. As long as the states are using home grown pot, and only allowing it to be distributed in their borders, the DOJ is likely powerless, and they know it which is why they have resorted to threats.

nolabear

(41,987 posts)
9. OFFS. I can't believe the admin. would waste it's time on this. Why aren't States' Rights Advocates
Fri Dec 7, 2012, 01:07 PM
Dec 2012

howling their heads off about THIS one? Hmmmm?

Uncle Joe

(58,370 posts)
25. Because they're not really for "States Rights" that's just a wedge issue used by them to further
Fri Dec 7, 2012, 02:04 PM
Dec 2012

or maintain personal and/or party power.

They're for "big government" they just want a different type of "big government" one that will readily invade the privacy/sanctity of your home, bedroom and body.

progressoid

(49,991 posts)
40. The President has decided not to enforce DOMA and let states decide marriage equality.
Fri Dec 7, 2012, 02:41 PM
Dec 2012

But I guess pot is different.

0rganism

(23,957 posts)
19. they're also ignoring democracy
Fri Dec 7, 2012, 01:44 PM
Dec 2012

which might be the most pathetic part of this whole pathetic mess.

MediaMan

(9 posts)
16. Obama may be a NARC, but Jimmy Carter wants to toke up
Fri Dec 7, 2012, 01:34 PM
Dec 2012

Even as high officials within the Obama administration reportedly weigh action against two states which legalized use of marijuana, a number of other politicians and celebrities — including a former president — are pushing for wider international reform of drug laws.

Former president Jimmy Carter signed onto a declaration to “Governments and Parliaments” to begin re-examining the existing stringent criminalization of drug use worldwide. Carter was joined as a signatory by a number of current and former global presidents, including those from Mexico, Columbia, Guatemala, Poland and elsewhere. George Schultz, a secretary of state for President Ronald Reagan, also lent his support, as did Hollywood stars such as musicians Sting and Yoko Ono and director Bernardo Bertolucci — as well as many others.

- See more at: http://thedemocraticdaily.com/2012/12/07/pols-celebs-push-for-further-drug-reform/#sthash.Q5LA7CEN.dpuf

maxsolomon

(33,345 posts)
17. Inevitable & neccessary step
Fri Dec 7, 2012, 01:41 PM
Dec 2012

I called this months ago - WA state will never get to the point where state stores are opened to legally sell MJ.

The Feds will step in with an injunction as soon as the state Liquor Control Board issues its proposed regulations in Sept 2013, if not sooner.

This HAS to go through the federal court system sooner or later. Since we've all been used to MJ being a Schedule 1 narcotic for our entire lives, might as well be sooner.

 

Swede Atlanta

(3,596 posts)
20. This is one time when the feds need to keep their noses to themselves.....
Fri Dec 7, 2012, 01:47 PM
Dec 2012

The states are slowly waking up to the fact that the war on drugs is unnecessary and a waste of resources.

Although I do not smoke MJ, I don't believe its effects are any more destructive than those of alcohol.

If MJ is legal the state can license and TAX it. No more 3 strikes you are out for minor drug offenses. Selling MJ outside of the scope of the state licensing protocol becomes just that, a violation of the state licensing code (just like alcohol) and nothing more.

I am not so naive to believe that licensing MJ will significantly reduce the criminality associated with more substantive drugs such as Crack, Heroin, etc.

But this is a start.

SoapBox

(18,791 posts)
21. President Obama...take notice and leave it alone.
Fri Dec 7, 2012, 01:48 PM
Dec 2012

Period.

Go prosecute some of those wack job military types, that gunned down women and children.

Ezlivin

(8,153 posts)
22. Bring 'em on!
Fri Dec 7, 2012, 01:49 PM
Dec 2012

I'd much rather face these drug-warriors in court when public opinion is decidedly swinging in our favor.

If we can have open hearings where scientific evidence is utilized, we have a chance at making some fundamental, science-based changes.

 

John2

(2,730 posts)
108. Ok,
Sat Dec 8, 2012, 12:24 PM
Dec 2012

I've been convinced to join yall side in this fight. Obama needs to back off and join the right side. They need to help the states that have legalized marijuana and down grade the classification also. That is where DOJ needs to be. They need to get the research and join these states against those advocates, against marijuana. Put it in the politcal arena and see who wins the fight. I'm on the side of legalization.

 

SugarShack

(1,635 posts)
57. Holder was a HUGE disappointment and should have been axed. Many wanted Jennifer Granholm
Fri Dec 7, 2012, 03:31 PM
Dec 2012

OR anyone else! Holder is doing exactly what he spent the last term doing, going after states rights. Enough.

greyghost

(1,675 posts)
32. Remember...
Fri Dec 7, 2012, 02:16 PM
Dec 2012

The states are picking up the tab for trials and incarcerations, lets see if the Feds want to start picking up the tab on the National level. The issue has finally reached the tipping point.

MADem

(135,425 posts)
33. Sort of like the "Drive 55" federal requirement that tied highway funds to lowering the speed limit?
Fri Dec 7, 2012, 02:18 PM
Dec 2012

That's how that worked, even though many states didn't like doing it.

I think "federal officials" ought to wake up, smell the coffee, and see the light of damn day.

How long can Big Pharma and the prison industry and liquor producers' lobbyists push them around?

It's a frigging WEED that grows WILD, fachrissake.

It is used as an ornamental plant all over the middle east--it used to grow outside the police station and my bank in Iran. My neighbor had a MASSIVE bush of the stuff, that he shaped to make it look like a giant Christmas-like, pine tree. It added a lot of green to a brown land. They'd cut the worst part of the plant (the thick, woody stem), dry it, and add it to their flavored tobacco in the hookahs for a bit of added relaxation. They'd take the seeds and toast them in sesame oil and salt 'em--in pre-Khomeini Iran, those were sometimes found in downtown bars as a freebie snack, like popcorn or pretzels in USA. No one gave a shit.

The world won't end if the feds just let this go. And if the booze industry and the pharma industry had a brain, they'd start figuring out how to jump on the bandwagon, and create delivery systems that are more efficient than growing/rolling one's own, that would enable them to "get a piece of the pie." Because, in truth, that's what this objection is all about--some businesses will LOSE money if this legalization (of a frigging WEED) is allowed to, forgive the pun, take root.

I hope they "consider" the plan to crack down, and find it wanting.

Uncle Joe

(58,370 posts)
38. I heard something to that effect talked about on one of the morning programs.
Fri Dec 7, 2012, 02:26 PM
Dec 2012

They had Bush's AT Gonzalez on to discuss the issue and he mentioned the possibility of the federal government withholding health care dollars to the state of Washington as smoking cannabis might have a detrimental effect on health care.

 

DefenseLawyer

(11,101 posts)
77. Two more words: "Good luck"
Fri Dec 7, 2012, 04:05 PM
Dec 2012

finding spontaneous (since you can't argue for it) jury nullification from a federal criminal jury. The Feds have been prosecuting people for federal crimes related to medical cannabis that would be otherwise legal in California for several years now. We certainly haven't seen any jury nullification out there. That's a nice thought, and something we all would hope for, but it's not really part of the solution.

 

Ccarmona

(1,180 posts)
37. The Ironic Thing
Fri Dec 7, 2012, 02:22 PM
Dec 2012

is that I know growers in California who have told me they would make more money if the Feds crack down. If they are forced to go back underground, the demand for their product would increase from them directly and then they will be able to raise their prices from what they are currently getting from selling to the medical marijuana clinics in Cali.

bakpakr

(168 posts)
39. Know what chaps arse
Fri Dec 7, 2012, 02:35 PM
Dec 2012

I have always been taught that we the people run this country, not the politicians. Yes we elect them to represent us but at the end of the day we run this country. The will of the people trumps everything and every law of the land. We get enough citizens to either vote for or against a law or idea once the votes are cast and counted whichever way the chips fall that is the end of the story, period. So when the government advocates against a legally resolved issue by way of vote they are going against the will of the people. Thus they need to shown the error of their ways.

socialindependocrat

(1,372 posts)
41. Why can't the state use it's National Guard to block the Narcs? - Seriously!
Fri Dec 7, 2012, 03:00 PM
Dec 2012

Why does the Federal agency get to act within a state without notification?

If the feds want to trump the state then, why can't the state trump the feds by using the National guard?

Might makes right?

This whole thing is so stupid.
It just amounts to a power play between two factions who are too stupid to talk thru a solution to the problem.

marlakay

(11,477 posts)
42. I just read article in Rolling Stone
Fri Dec 7, 2012, 03:01 PM
Dec 2012

That said Joe Biden was the reason Obama is taking such a tough stance. Is that so?

I had no idea...we need to work on Joe.

 

green for victory

(591 posts)
53. good luck with that-he helped create the drug czar
Fri Dec 7, 2012, 03:26 PM
Dec 2012

As chairman of the International Narcotics Control Caucus, Biden wrote the laws that created the U.S. "Drug Czar", who oversees and coordinates national drug control policy. In April 2003, he introduced the controversial Reducing Americans' Vulnerability to Ecstasy Act, also known as the RAVE Act.

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

Joe Biden's Awful Record on Drug Policy

Biden has sponsored more damaging drug war legislation than any Democrat in Congress.Hate the way federal prosecutors use RICO laws to take aim at drug offenders? Thank Biden. How about the abomination that is federal asset forfeiture laws? Thank Biden. Think federal prosecutors have too much power in drug cases? Thank Biden. Think the title of a “Drug Czar” is sanctimonious and silly? Thank Biden, who helped create the position (and still considers it an accomplishment worth boasting about).

Tired of the ridiculous steroids hearings in Congress? thank Biden, who led the effort to make steroids a Schedule 3 drug, and has been among the blowhardiest of the blowhards when it comes to sports and performance enhancing drugs. Biden voted in favor of using international development aid for drug control (think plan Columbia, plan Afghanistan, and other meddling anti-drug efforts that have only fostered loathing of America, backlash, and unintended consequences). Oh, and he was also the chief sponsor of 2004’s horrendous RAVE Act....

http://stopthedrugwar.org/speakeasy/2008/aug/24/joe_bidens_awful_record_drug_pol

f biden the drug warrior

AndyTiedye

(23,500 posts)
70. Biden Also Pushed Through the "Rave Act" in the Dead of Night
Fri Dec 7, 2012, 03:51 PM
Dec 2012

in the conference committee, so that neither house actually ever got to vote on it by itself.

They consider our petitions, phone calls, and protests merely as evidence of the size of "the problem", and something to be worked around.
They would not ever consider actually listening to us on this issue.

The war on pot is the most sacred cow in Washington. They'll take away our Social Security and Medicare to fund it if necessary. They have been stealing resources from DoD for this for some time. (The fighter planes that were supposed to guard against a 9/11-style attack were diverted by then Atty General John Ashcroft to look for pot in mid 2001).

 

AnotherMcIntosh

(11,064 posts)
78. Didn't he also vote to make student loans nondischargeable in bankrupty? What a populist.
Fri Dec 7, 2012, 04:08 PM
Dec 2012

Can we hear the story again about he used to ride the train? I kinda miss that.

dorkulon

(5,116 posts)
44. Obama smoked pot. Bush smoked pot. Clinton Smoked pot.
Fri Dec 7, 2012, 03:05 PM
Dec 2012

When will the bizarre, in-our-face hypocrisy end?

 

DeSwiss

(27,137 posts)
45. K&R
Fri Dec 7, 2012, 03:06 PM
Dec 2012
"The war on drugs has been an utter failure. We need to rethink and decriminalize our marijuana laws… we need to rethink how we operate the drug wars." Barack Obama, January 21, 2004

"As for medical marijuana ... I'm not familiar with all the details of the initiative that was passed, but I think the basic concept of using medical marijuana for the same purposes and with the same controls as other drugs prescribed by doctors, I think that's entirely appropriate. ... I'm not going to be using Justice Department resources to try to circumvent state laws on this issue." ~Barack Obama, The Mail Tribune March 23, 2008



Hotler

(11,428 posts)
49. The DOJ is wasting effort on pot smokers........
Fri Dec 7, 2012, 03:22 PM
Dec 2012

They turned a blind eye to Wall St. crooks. Fucking rat bastards. I hope you're reading this agent Mike.

 

Comrade_McKenzie

(2,526 posts)
50. Well, there goes all beliefs that I had he'd be different in the 2nd term...
Fri Dec 7, 2012, 03:23 PM
Dec 2012

Off to find a big, juicy crow.

David__77

(23,423 posts)
54. I wouldn't legalize it at the state-level, I'd just change the penality to a 1 cent fine.
Fri Dec 7, 2012, 03:27 PM
Dec 2012

That would obviate the possibility of federal-state wrangling. Let the federal powers deal with enforcement effort and expense if they want to do that.

neffernin

(275 posts)
59. Nothing but kudos for obama but...
Fri Dec 7, 2012, 03:34 PM
Dec 2012

I gotta say this one issue would probably make me lose respect; regardless of the reasons. I can't help but feel our government is more and more broken; congress can't get @#$@# done anymore and all politicians treat us Americans like we are ignorant trash with misleading campaign ads, tons of lies spoken in public but never challenged. I feel the blame is on the republicans for much of this; but this side of the coin still gets lobbied and tailors towards special interests.

Lets do simple chart here:

Worst drugs in US by classification:
Herion. Crack. Meth. Pot.

Second tier:
Opium. Cocaine. Morphene. Methadone.

Gotta say, whoever had it out for MJ was more than successful at making it illegal as @#$@#; as it carries worse penalties than coke?

JimDandy

(7,318 posts)
61. This option doesn't seem viable:
Fri Dec 7, 2012, 03:37 PM
Dec 2012

"waiting for a defendant to make a motion to dismiss the case because the drug is now legal in that state. The department could then obtain a court ruling that federal law trumps the state one."

If the case was brought in a state court, how can the feds force state courts to enforce a federal law. I think the case would have to be dropped by the state and then brought to federal court by federal attorneys. Maybe a lawyer who is good with jurisdictional issues could weigh in on that?

Another problem with that is defendants are not having to petition for dismissals; county prosecutors in both states are dismissing the cases preemptively.

_ed_

(1,734 posts)
62. Hope for change
Fri Dec 7, 2012, 03:38 PM
Dec 2012

Keep hoping, because it ain't coming. The Big Pharma monopolists that own Barack Obama and the rest of Washington don't want it legalized. Neither do the corporate interests that push alcohol on you. Same as Obamacare: selling out to corporate interests is the answer, no matter what the question was.

Oh, and remind me again whether or not Obama smoked pot and did coke... And Bush ... And Clinton ...

 

heaven05

(18,124 posts)
63. ???
Fri Dec 7, 2012, 03:41 PM
Dec 2012

Not as progressive or liberal as I thought. Is it Holder, Obama, Michelle? Who in this administration is pushing this 'reefer madness' BULLSHIT!!!!!!!!! If I in smoking a joint from a plant that I grew for personal use and am not hurting anyone, the feds need to fuck off. IDIOTS!!!! Go find a war to stop. Stop rethug thuggery. Stop the sale of all liquor, it destroys livers, kidneys, stomachs and causes untold death on the highway.

 

green for victory

(591 posts)
66. Stop the sale of all liquor? You must be joking
Fri Dec 7, 2012, 03:48 PM
Dec 2012

but I can't tell anymore

in case you're not, they tried that before

neffernin

(275 posts)
73. I think
Fri Dec 7, 2012, 04:01 PM
Dec 2012

he was speaking to the fact that medically, Alcohol has been proving to be more damaging. If only this argument were that simple.

 

heaven05

(18,124 posts)
76. being
Fri Dec 7, 2012, 04:04 PM
Dec 2012

very sarcastic. I get frustrated by these people who call themselves Justice Department??? personnel. Not one wall street crook in jail, yet years in prison for a joint. This is insane! Yeah, yeah I know about prohibition, just trying to make a point.

nolabels

(13,133 posts)
64. When is someone going to take legal action against stupidity?
Fri Dec 7, 2012, 03:41 PM
Dec 2012

Like you can grow the stuff anywhere. The legal drug cartels and many other interests have a large investment in trying to keep the stuff illegal and off the over the counter market or any kind of other market

 

SoCalMusicLover

(3,194 posts)
72. You're Welcome Mr. Obama
Fri Dec 7, 2012, 03:58 PM
Dec 2012

Now you can resume your thug tactics against marijuana.

Time to repay all those drug company donors who contributed so handsomely to your campaign.

But I guess that's what happens in a 2-Party system, where one of the parties is a complete AHole, and the other is pretty much a constant disappointment, no matter what benefit of the doubt you give them.

BobbyBoring

(1,965 posts)
85. As A person that did time for pot
Fri Dec 7, 2012, 05:06 PM
Dec 2012

I am so fucking sick of this! We have money problems I hear. Legalize it and tax it. The two BIG obstacles, Big Pharma and the prison industrial complex will be hard to overcome. Still, the money legal weed would generate should have at least someones attention!

musiclawyer

(2,335 posts)
90. Exactly what I said in another thread
Fri Dec 7, 2012, 05:27 PM
Dec 2012

Cracking down on WA. and CO is guaranteed losing house seats in '14
Letting the states be guarantees the young and the activists are rewarded and they turn out and good chance of flipping the house

There must be mobilization here. Any ideas ? Pissing on your base is wrong

union_maid

(3,502 posts)
92. I think there are a lot of questions
Fri Dec 7, 2012, 05:39 PM
Dec 2012

If the feds leave this alone without changing federal laws does it set some kind of a precedent regarding other types of laws? Just asking, because I don't have a clue. But would having a policy of selective enforcement of laws open the door to successful challenges of civil rights laws if states wanted to pass laws which violate various civil rights, for example?

Hydra

(14,459 posts)
97. In theory, yes
Fri Dec 7, 2012, 06:41 PM
Dec 2012

The Feds should be enforcing all the laws on their books regardless of any interference on any level above or below them.

Theory in this case is bull though. Bush/Cheney and cronies are still running free, and so are Goldman Sachs and the other professional looters. That proves selective enforcement.

If we have selective enforcement...why are victimless crimes being pursued more zealously than crimes against humanity, treason or grand theft treasury??

colsohlibgal

(5,275 posts)
93. So Telling and So Dumb
Fri Dec 7, 2012, 05:54 PM
Dec 2012

Where was this initiative with Wall Street fraud? They broke the law, textbook fraud, trashed pension funds and other funds and where is the move to hold them accountable? It's nowhere but Obama just may go all Nancy Reagan and crack down on pot in these states.

Yet Obama is still getting ripped on the right for being a socialist. Sigh, America 2012 going on 2013 and the going gets stranger.

marlakay

(11,477 posts)
96. I live in a red county in WA
Fri Dec 7, 2012, 06:40 PM
Dec 2012

And pot got more votes than Obama here too...Enough to pass it in my area.

 

Hestia

(3,818 posts)
98. Back in the day, cannabis was decriminalized in OR, WA, AK
Fri Dec 7, 2012, 07:14 PM
Dec 2012

then Raygun came along and held highway funding over those states heads, oh, around 1985. It has been done before as a precedent.

 

elbloggoZY27

(283 posts)
99. Lets Stop the War
Fri Dec 7, 2012, 07:31 PM
Dec 2012

There was Prohibition and it was a disaster. Alcohol is now legal.

The DRUG WAR is a total failure and we now need total decriminalization

It's a new day and lets hope we do not regress.

DECRIMINALIZE.

Marrah_G

(28,581 posts)
101. grrrr
Fri Dec 7, 2012, 07:41 PM
Dec 2012

The President needs to put a stop to this. He would never be where he is if HE had gotten caught.

FiveGoodMen

(20,018 posts)
106. It's a good thing that we aren't stuck with Romney
Sat Dec 8, 2012, 12:07 AM
Dec 2012

It's a bad thing that Obama was our only other choice.

Not on our side.

Never was.

yardwork

(61,661 posts)
111. This would be a very stupid thing for the Obama administration to do.
Sat Dec 8, 2012, 05:07 PM
Dec 2012

I hope that they don't do this.

jsr

(7,712 posts)
112. This is the most pressing problem facing our nation today
Sat Dec 8, 2012, 05:25 PM
Dec 2012

I applaud President Obama for weighing legal action against those who have killed tens of thousands and caused the collapse of our economy.

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