U.S. Attorney Makes a Case to Legalize Marijuana in California

Categories: Marijuana

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Now what are you gonna do with that?
Obama's cops are finally for pot?

Sure, in a way. In Washington and Colorado, where small amounts of marijuana are legal for adults, the federal Justice Department isn't as interested in busting cannabis users, medical or otherwise, as the feds are eager to go after cannabis in California, a federal prosecutor noted.

That's because, according to Benjamin Wagner, the U.S. Attorney for the Eastern District of California -- one of the four federal prosecutors who announced a crackdown on the state's legal weed in November 2011 -- the laws that have allowed the medical use of the plant for almost 17 years are just no good.

California is a "free-for-all" in Wagner's eyes, according to the Sacramento News and Review, which captured the rare explanation for the Obama Administration's prosecutions. The state-legal cannabis operations that make up 3 percent of Wagner's case load are in trouble because they're "loosely described," the newspaper reported.

The explanation is a puzzling one. After all, it's not loosely described state law that's landed medical cannabis providers like Scott Feil in prison and the state's biggest dispensary, Harborside Health Center, in risk of being put out of business -- it's federal law, which fairly plainly says all use of marijuana is illegal.

Not that anyone is defending California state law. This week, reforms to the 2003 Legislature bill and the 1996 ballot initiative that have led to dispensaries selling medical cannabis in California passed the state Senate. Though the "reforms" are merely a "ratification" of sorts of the 2008 guidelines for medical cannabis written by now-Gov. Jerry Brown.

Alleged violations of state law have been noted by the feds when writing federal charges, the Justice Department has said in the past -- but neither Wagner nor Melinda Haag, the U.S. Attorney for Northern California based in San Francisco, whose office has effected the shutdown of eight dispensaries in San Francisco and who has sued to shut down the biggest pot clubs in both Berkeley and Oakland, have ever identified what state laws the likes of HopeNet or Vapor Room have violated.

Harborside, Oakland's biggest taxpayer and the largest dispensary in the country, has in fact been successful in state court actions brought by its landlord -- it was obeying the law, as far as California courts have found.

Haag's office has filed property forfeiture actions against dispensaries in Berkeley, Oakland, Marin County, and San Francisco.

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JohnReagan like.author.displayName 1 Like

What I find very interesting is that to prohibit alcohol (Prohibition) our government had to write the 18th Amendment. And then to end prohibition, it had to author the 21st Amendment. Where is the Amendment that outlaws pot, or any other drug for that matter? IMO, if for no other reason, prosecuting pot users, sellers and the like is plainly unconstitutional, based on the precedent set by the 18th and 21st Amendments.


@JohnReagan Wickard -v- Filburn "trumped" the constitution.  Raich was based on that.


@rsteeb **Thanks for that. I did look the decision over and don't really see how regulating commerce (wheat growing) has much to do with drugs, but I'll dig a bit deeper to see if I can figure it out.

dregstudios topcommenter

The War on Drugs failed $1 Trillion ago! This money could have been used for outreach programs to clean up the bad end of drug abuse by providing free HIV testing, free rehab, and clean needles. Harmless drugs like marijuana could be legalized to help boost our damaged economy. Cannabis can provide hemp for countless natural resources and the tax revenue from sales alone would pull every state in our country out of the red! Vote Teapot, PASS IT, and legalize it. Voice you opinion with the movement and read more on my artist’s blog at http://dregstudiosart.blogspot.com/2011/01/vote-teapot-2011.html  


Actually, the bad law here is the Federal prohibition of marijuana.  After all, marijuana has been proven to be safer than what the govt. currently allows!

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