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Medical pot group sues Obama administration over California crackdown

Category: News | Posted on Fri, October, 28th 2011 by THCFinder

Fed up with the raids and constant harassment, a local Medical Marijuana group has decided enough is enough, it's time to take action.

Los Angeles (CNN) -- A medical marijuana advocacy group sued the Obama administration Thursday, saying its policy "to subvert local and state medical marijuana laws in California" is unconstitutional.
 
Americans for Safe Access accused the U.S. Justice Department of deploying aggressive SWAT-style raids, prosecuting medical marijuana patients and providers, and threatening local officials for implement state medical pot laws.
 
The group, a nonprofit based in Oakland, California, that says it's the country's largest medical marijuana advocacy organization, cited U.S. Attorney General Eric Holder and U.S. Attorney Melinda Haag of the northern district of California in its federal lawsuit filed in San Francisco.
"Under the Tenth Amendment, the government may not commandeer the law-making function of the state or its subdivisions or indirectly through the selective enforcement of its drug laws," the lawsuit said. "It is this misuse of the government's commerce clause powers, designed to deprive the state of its sovereign ability to chart a separate course, that forms the basis of the plaintiff's claim."
 

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Give tickets for small pot busts

Category: News | Posted on Thu, October, 27th 2011 by THCFinder

It looks like Chicago police may be on the right track afterall, the local sheriffs departyment wants to decriminalize small amounts of marijuana realizing that posession charges should be nothing more than a ticket and not jail time for such small amounts that are obviously for personal use.

A handful of Chicago aldermen and Cook County Commissioner John Fritchey are calling for the city and neighboring towns to decriminalize small amounts of marijuana possession.
 
The move would allow officers to issue a $200 ticket to someone suspected of carrying 10 grams or less of marijuana, rather than spending hours off the streets to haul someone to jail on a misdemeanor charge. It is similar to an ordinance passed by county commissioners in recent years that calls for issuing a ticket to those busted with marijuana in the forest preserves, unincorporated Cook County and areas where the sheriff has primary policing duties.
 
“We want to make it clear — we’re not approving the smoking of pot,” said Ald. Ariel Reboyras (30th). “What we’re asking is the police to make the right decision when someone has 10 grams or less in their possession — simply write them a ticket and let them go. That police officer will stay working on his beat.”
 
Considering the time and money spent on an arrest or jailing someone, Reboyras said: “We can better use our resources in the streets.”
 

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Feds Target Financial Institutions Associated with Medical Marijuana Clinics

Category: News | Posted on Wed, October, 26th 2011 by THCFinder

The harassment continues across the state where Feds are sending more and more letters out to landlords and now including financial institutions into the mix.

In its effort to shut down California's booming medical marijuana dispensaries, the Justice Department is seeking to seize the property where the clinics are based, even going after at least one bank that holds the mortgage on a clinic.
 
Chase bank received a letter to evict the Marin Alliance for Medical Marijuana, according to Greg Anton, attorney for the clinic. The bank owns the note on the building in Fairfax, Calif.
 
According to Anton, the bank received a similar letter from U.S. attorney Melinda Haag for the northern district of California that was sent to the Alliance's landlord on Sept. 28 and other medical marijuana dispensaries. The letters threatened that unless the owners evicted the cannabis clinics within 45 days, they could face criminal action.
 
Anton said he obtained a copy of the letter to JPMorgan Chase through the clinic's landlord, as reported by the Bay Citizen.
 
A spokesman for JP Morgan Chase said he had no comment and would not confirm whether the bank received a letter from the U.S. attorney.
 

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DUI law regarding marijuana unconstitutional

Category: News | Posted on Fri, October, 21st 2011 by THCFinder

Being charged for DUI just becuase they find trace amounts of marijuana in your system that could of been from weeks or months ago is 100% unconstitutional in our eyes. If you smoked a joint 2 weeks ago and got into a car accident tomorrow, how would that be fair to be charged for a DUI becuase you still had traces of Cannabis in your system? Well it's bullshit and we hope the Judge will agree!

ST. CHARLES TOWNSHIP – A judge will rule next week whether a woman accused in the 2009 traffic crash that killed a St. Charles couple can legally be charged with aggravated driving under the influence  because she had marijuana in her system at the time of the crash.
 
On Thursday, a lawyer for defendant Alia Bernard and prosecutors argued the matter before Kane County Judge Allan Anderson. Bernard, 27, of Aurora, has pleaded not guilty to charges of reckless homicide and aggravated DUI. The charges stem from a May 23, 2009, traffic crash on Route 47 at Smith Road near Elburn that resulted in a multi-vehicle pileup in which motorcyclists Wade and Denise Thomas, of St. Charles, died. She was charged with aggravated DUI after prosecutors said tests revealed she had consumed marijuana. Under Illinois law, anyone who consumes marijuana and was involved in a crash can be charged with DUI. And if someone dies in the crash, the charge can be upgraded to aggravated DUI.
 
However, Bernard’s lawyer, Bruce Brandwein, said Bernard was not impaired at the time of the crash, and prosecutors have not disputed that assertion. Brandwein has asked the court to declare that portion of the DUI statute unconstitutional and dismiss the aggravated DUI charge against Bernard. He argued in a motion filed in August and in oral arguments in court Thursday that the law, by specifically singling out drivers who consume marijuana “unlawfully,” creates a distinction that cannot pass the test of equal protection under law.
 
For instance, he notes that the law would not allow charges of aggravated DUI to be brought against a motorist in Illinois who has consumed marijuana in a state in which it is lawful to do so, but whose driving is not impaired by the use of the drug
 

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Colorado to formally ask DEA to designate pot Schedule II controlled substance

Category: News | Posted on Thu, October, 20th 2011 by THCFinder

If Colorado is successful this could be a game changer for the entire industry and may finally give some relief to medical marijuana patients in neeed.

The Drug Enforcement Administration dubs marijuana a Schedule I controlled substance -- meaning it has no accepted medical use. Switching pot to Schedule II, like morphine and cocaine, among other drugs, would instantly change the dynamic between the feds and medical marijuana states. And a Colorado spokesman confirms that his agency will make such a request by year's end.
 
Not that the state has a choice. Hidden within the language of House Bill 1284, the 2010 measure that established the regulatory structure for medical marijuana in Colorado, is a passage that enumerates the powers and duties of the state licensing authority. Under the heading "The state licensing authority shall," the seventh of them reads:
 
"IN RECOGNITION OF THE POTENTIAL MEDICINAL VALUE OF MEDICAL MARIJUANA, MAKE A REQUEST BY JANUARY 1, 2012, TO THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION TO CONSIDER RESCHEDULING, FOR PHARMACEUTICAL PURPOSES, MEDICAL MARIJUANA FROM A SCHEDULE I CONTROLLED SUBSTANCE TO A SCHEDULE II CONTROLLED SUBSTANCE."
 

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Medical Marijuana Resolution Filed in Florida House to Let Voters Decide the Need for Weed

Category: News | Posted on Wed, October, 19th 2011 by THCFinder

Could Florida be the next state to step up and try to legalize medicinal marijuana for the patients with serious health issues?

 

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