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veggie

Registered: 07/25/04
Posts: 17,504
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Feds Threaten Marijuana Dispensaries Nationwide
#14138246 - 03/17/11 05:57 PM (12 years, 10 months ago) |
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Feds Threaten Marijuana Dispensaries Nationwide March 17, 2011 - tokeofthetown.com
In a little-publicized memo, the U.S. federal government has indicated that the gloves are off regarding medical marijuana dispensaries, "regardless of state laws."
Previous memos had indicated a loosening of federal prosecutions of medical marijuana; however the new memo states very clearly that the feds consider all dispensaries illegal under federal law and that their prosecution is a "core priority" of federal agents, according to the Cannabis Therapy Institute (CTI).
The "Haag Memo" [PDF], written on February 1, 2011 from U.S. Attorney Melinda Haag (Northern District of California) to Oakland City Attorney John A. Russo, was a response to an Oakland City Council request for guidance regarding medical marijuana and federal law. The memo was written with consultation and approval from U.S. Attorney General Eric Holder, according to CTI.
The Haag Memo clarifies the Ogden Memo, which was written by former Deputy Attorney General David W. Ogden on October 19, 2009 for the Department of Justice.
The Ogden Memo seemed to indicate that the new Obama Administration would restrict federal prosecution of medical marijuana providers in states where medicinal cannabis is legal.
This was heralded by many as giving the green light to pursue medical marijuana businesses, as long as they complied with state laws.
According to CTI, the Haag Memo clears up that misconception with some very unambiguous statements.
"The memo says clearly that the feds will not look the other way on medical marijuana," CTI said in a press release. "The 'Haag Memo' states very clearly that the feds will continue to investigate, arrest and prosecute medical marijuana dispensaries in every state 'regardless of state laws.' "
In addition, the memo calls the prosecution of medical marijuana dispensaries a "core priority" for the feds.
Medical marijuana commercial activity is still considered by the DOJ to be "a violation of federal law regardless of state laws permitting such activities," according to the memo, CTI said.
The memo may be the cause of the recent increase in federal raids and medical marijuana dispensaries, according to CTI. Only four days after the Haag Memo was issued, the DEA raided four dispensaries in California. Just this week, the DEA raided more dispensaries in California and Montana. Agents seized the assets and bank accounts of several dispensaries.
"Maybe this will wake people up who think that it can't happen here," said Kathleen Chippi of the Colorado-based Patient and Caregiver Rights Litigation Project, which is trying to raise money to file lawsuits to uphold the constitutional right of Coloradans to cannabis medicine.
Many legal observers agree that Colorado has the best chance of fighting the feds in court because it is the only state whose medical marijuana law is actually in the state Constitution.
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Annapurna1
liberal pussy


Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: veggie] 2
#14138300 - 03/17/11 06:07 PM (12 years, 10 months ago) |
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ive said it before.. and ill repeat myself ..i honestly believe that this is part of some backroom dealmaking between the administration and the congressional hard right over the budget..etc...
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astroblack
Space Teen

Registered: 10/25/10
Posts: 208
Last seen: 12 years, 10 days
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: Annapurna1]
#14138392 - 03/17/11 06:21 PM (12 years, 10 months ago) |
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I thought everyone knew marijuana is a very horrible and addicting drug. It's nice to see our tax dollars at work stopping this horrible crime. Potheads are a danger to society and need to be sent away IMMEDIATELY! /sarcasm
Really, where do they get off? Besides all the prostitutes they pay for, obviously. There's so many sex offenders and murderers on the loose that should be taken care of. I'm against a lot of the addicting substances as well but there are "more important" people to be going after.
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AnastomosisJihad
Hominid



Registered: 01/01/08
Posts: 700
Loc: Ohio
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: Annapurna1]
#14138477 - 03/17/11 06:34 PM (12 years, 10 months ago) |
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Quote:
Annapurna1 said: ive said it before.. and ill repeat myself ..i honestly believe that this is part of some backroom dealmaking between the administration and the congressional hard right over the budget..etc...
This is a plausible explanation. Sure makes me feel like a sucker for voting for obama on his promise to respect state law regarding plants and medicine.
-------------------- come together
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doses
Obsessive Purist



Registered: 11/21/10
Posts: 1,049
Last seen: 9 years, 5 months
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: astroblack]
#14138488 - 03/17/11 06:36 PM (12 years, 10 months ago) |
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That bitch just looks evil.
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5-HT2A
Registered: 01/30/10 
Posts: 1,794
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: doses] 2
#14138543 - 03/17/11 06:43 PM (12 years, 10 months ago) |
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Pathetic. This must be the final death groan of marijuana prohibition. The right wing has seized more influence since the mid-term elections and I bet this is related to that, as all the far-right billionaires and their friends seem to be trying to institutionalize fascism as they sense resentment against plutonomy building.
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setb
10th level beer nerd

Registered: 01/30/11 
Posts: 2,580
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: AnastomosisJihad]
#14138555 - 03/17/11 06:45 PM (12 years, 10 months ago) |
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Quote:
AnastomosisJihad said:
Quote:
Annapurna1 said: ive said it before.. and ill repeat myself ..i honestly believe that this is part of some backroom dealmaking between the administration and the congressional hard right over the budget..etc...
This is a plausible explanation. Sure makes me feel like a sucker for voting for obama on his promise to respect state law regarding plants and medicine. 
I just think the Obama crew is starting to fume about all these states defying federal laws. Remember, Obama believes in big government that dominates the states.
More and more states are passing medical mj laws; some states are even discussing legalizing/decriminalizing personal amounts. I just think they want to show the states who is boss.
Let's also not forget the states that are suing the feds over Obama care, states like Arizona trying to handle the illegal immigrant issues that the feds wont, etc. There is a lot of defiance out there and I think Obama is trying to make examples of people.
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BothHands
Dog Coffee



Registered: 10/28/09
Posts: 13,177
Loc:
Last seen: 4 years, 10 months
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: veggie] 5
#14138599 - 03/17/11 06:49 PM (12 years, 10 months ago) |
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Wow, seriously, fuck this shit.
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anomaly100716

Registered: 07/12/10
Posts: 269
Loc: CO
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: veggie]
#14138984 - 03/17/11 07:45 PM (12 years, 10 months ago) |
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Quote:
veggie said: The Haag Memo
Goddamn Haags!!!!
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destructo_low
Oh yeah!




Registered: 10/07/08
Posts: 4,328
Last seen: 10 years, 8 months
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: anomaly100716] 1
#14139059 - 03/17/11 07:57 PM (12 years, 10 months ago) |
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Quote:
anomaly100716 said:
Quote:
veggie said: The Haag Memo
Goddamn Haags!!!!
That's the first thing I thought. That fucking Haag!



-------------------- There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.
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setb
10th level beer nerd

Registered: 01/30/11 
Posts: 2,580
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: destructo_low]
#14139100 - 03/17/11 08:03 PM (12 years, 10 months ago) |
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Quote:
destructo_low said:
Quote:
anomaly100716 said:
Quote:
veggie said: The Haag Memo
Goddamn Haags!!!!
That's the first thing I thought. That fucking Haag!



Well done
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destructo_low
Oh yeah!




Registered: 10/07/08
Posts: 4,328
Last seen: 10 years, 8 months
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: setb]
#14139287 - 03/17/11 08:29 PM (12 years, 10 months ago) |
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I hope California tries to sue under the Tenth Amendment, but in previous cases the Supreme Court has ruled in the Federal Government's favor due to the Commerce Clause.
From Wikipedia:
Quote:
Most recently, the Commerce Clause was cited in the 2005 decision Gonzales v. Raich. In this case, a California woman sued the Drug Enforcement Administration after her medical marijuana crop was seized and destroyed by Federal agents. Medical marijuana was explicitly made legal under California state law by Proposition 215; however, marijuana is prohibited at the federal level by the Controlled Substances Act. Even though the woman grew the marijuana strictly for her own consumption and never sold any, the Supreme Court stated that growing one's own marijuana affects the interstate market of marijuana. The theory was that the marijuana could enter the stream of interstate commerce, even if it clearly wasn't grown for that purpose and it was unlikely ever to happen (the same reasoning as in the Wickard v. Filburn decision). It therefore ruled that this practice may be regulated by the federal government under the authority of the Commerce Clause.
This excerpt pisses me off the most.
"The Supreme Court stated that growing one's own marijuana affects the interstate market of marijuana. The theory was that the marijuana could enter the stream of interstate commerce, even if it clearly wasn't grown for that purpose and it was unlikely ever to happen."
-------------------- There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.
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Doc_T
Random Dude




Registered: 03/06/09
Posts: 42,395
Loc: Colorado
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: destructo_low]
#14139361 - 03/17/11 08:45 PM (12 years, 10 months ago) |
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There's like a hundred dispensaries in this town, are the feds going to bust all of them?
I just don't get it.
-------------------- You make it all possible. Doesn't it feel good?
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guest1
Mycena




Registered: 05/25/09
Posts: 852
Last seen: 1 year, 2 months
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: destructo_low]
#14139405 - 03/17/11 08:53 PM (12 years, 10 months ago) |
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"the feds will continue to investigate, arrest and prosecute people in every state 'regardless of state laws.' " "Maybe this will wake people up who think that it can't happen here,"
Yeah, wake up, the feds don't care about the people!  Let them show their ass. Let everyone see that no matter what the people want, the feds will do whatever the hell they please, even though it isn't about what the feds want, it's what the people want. There are more people than feds!
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Joolz


Registered: 09/19/10
Posts: 3,614
Last seen: 11 years, 2 months
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: veggie] 3
#14139449 - 03/17/11 09:00 PM (12 years, 10 months ago) |
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I'm soooooooooo dangerous when stoned...if you're a potato chip.
-------------------- Prohibition didn't work for God; Eve ate the fruit.
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destructo_low
Oh yeah!




Registered: 10/07/08
Posts: 4,328
Last seen: 10 years, 8 months
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: guest1]
#14139523 - 03/17/11 09:12 PM (12 years, 10 months ago) |
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You have to read the attached PDF. Holy fucking shit at the spelling errors. A pot head could compose a more grammatically correct paper than Melinda Haag. I have highlighted all the spelling errors for your amusement. 
Quote:
Melinda Haag 11th Floor, Federal Building (415) 436-7200 United States Attorney 4S0 Golden Gate Avenue. Bor 36055 San Francisco, California 94102-3495 FAX:(4l5} 436-7234 February 1,2011
John A. Russo, Esq. Oakland City Attorney 1 Frank Ogawa Plaza, 6th Floor Oakland, Califomia 94612
Dear Mr. Russo: I write in response to your letter dated January 14,2011 seeking guidance from the Attomey General regarding the City of Oakland Medical Cannabis Cultivation Ordinance. The U.S. Department of Justice is familiar with the City's solicitation of applications for permits to operate "industrial cannabis cultivation and manufacturing facilities" pursuant to Oakland Ordinance No. 13033 (Oakland Ordinance). I have consulted with the Attomey General and the Deputy Attomey General about the Oakland Ordinance. This letter is written to ensure there is no confiision regarding the Department of Justice's view of such facilities.
As the Department has stated on many occasions, Congress has determined that marijuana is a controlled substance. Congress placed marijuana in Schedule I of the Controlled Substances Act (CSA) and, as such, growing, distributing, and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities.
The prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of fhe Department. This core priority includes prosecution of business enterprises that unlawfully market and sell marijuana. Accordingly, while the Department does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen in compliance with state law as stated in the October 2009 Ogden Memorandum, we will enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law. The Department's investigative and prosecutorial resources will continue to be directed toward these objectives.
Consistent with federal law, the Department maintains the authority to pursue criminal or civil actions for any CSA violations whenever the Department determines that such legal action is warranted. This includes, but is not limited to, actions to enforce the criminal provisions of the CSA such as Titie 21 Section 841 making it illegal to manufacture, distribute, or possess with intent to distribute any controlled substance including marijuana; Title 21 Section 856 making it unlawful to knowingly open, lease, rent, maintain, or use property for the manufacturing, storing, or distribution of controlled substances; and Title 21 Section 846 making it illegal to conspire to commit any of the crimes set forth in the CSA. Federal money laundering and related statutes which prohibit a variety of different types of financial activity involving the movement of drug proceeds may hkewise be utilized. The govemment may also pursue civil injunctions, and the forfeiture of drug proceeds, property traceable to such proceeds, and property used to facilitate drug violations.
The Department is concerned about the Oakland Ordinance's creation of a licensing scheme that permits large-scale industrial marijuana cultivation and manufacturing as it authorizes conduct contrary to federal law and threatens the federal government's efforts to regulate the possession, manufacturing, and trafficking of controlled substances. Accordingly, the Department is carefully considering civil and criminal legal remedies regardhig those who seek to set up industrial marijuana growing warehouses in Oakland pursuant to licenses issued by the City of Oakland, hidividuals who elect to operate "industrial cannabis cultivation and manufacturing facilities" will be doing so in violation of federal law. Others who knowingly facilitate the actions of the licensees, includmg property owners, landlords, and financiers should also know that their conduct violates federal law. Potential actions the Department is considering include injunctive actions to prevent cultivation and distribution of marijuana and other associated violations of the CSA; civil fines; criminal prosecution; and the forfeiture of any property used to facilitate a violation of the CSA. As the Attorney General has repeatedly stated, the Department of Justice remains fumly committed to enforcing the CSA in all states.
I hope this letter assists the City ofOakland and potential licensees in making informed decisions regarding the cultivation, manufacture, and distribution of marijuana.
Very truly yours, Melinda Haag
Edited by destructo_low (03/17/11 10:25 PM)
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demonofchaos



Registered: 01/30/11 
Posts: 847
Last seen: 6 years, 5 months
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: Joolz]
#14139573 - 03/17/11 09:20 PM (12 years, 10 months ago) |
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so stupid even if they keep shutting down dispensaries people will still keep opening more its good business and with the economy as it is people will take whatever risk they have to
lol@ that letter someone should send it back to her like that
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Run
Questioning my existance



Registered: 10/22/09
Posts: 488
Last seen: 10 years, 3 months
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: demonofchaos]
#14139789 - 03/17/11 09:49 PM (12 years, 10 months ago) |
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this is dispicable .
Lets continue wasting more money on things that will never be able to get solved. It seems all of our money is just wasted to do the opposite of what its intentions are. Help , problem solve, make the world a better place America critical problem solving? thats a joke .
I guess I have to be in fear using my medicine, & have to trust getting it the illegal way
-------------------- You, me, this point in existence is undeniably so unique, we take everything for granite ,life , comprehension, feelings, thought, so accustomed to understanding that we've lost the meaning of fully understanding who we are..... we are the extra terrestrial, we are the unknown, we are the mystical...
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amilibertine
It’s good to be back!



Registered: 06/10/09
Posts: 3,241
Loc: Northern South Midwest
Last seen: 4 months, 23 days
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: destructo_low]
#14139813 - 03/17/11 09:52 PM (12 years, 10 months ago) |
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Quote:
destructo_low said: You have to read the attached PDF. Holy fucking shit at the spelling errors. A pot head could compose a more grammatically correct paper than Melinda Haag. I have highlighted all the spelling errors for your amusement. 
Quote:
Melinda Haag 11th Floor. Ftdtral Building (415) 436-7200 United States Attorney 4S0 Golden Gate Avenue. Bor 36055 San Francisco, California 94102-3495 FAX:(4l5} 436-7234 February 1,2011
John A. Russo, Esq. Oakland City Attorney 1 Frank Ogawa Plaza, 6th Floor Oakland, Califomia 94612
Dear Mr. Russo: I write in response to your letter dated January 14,2011 seeking guidance from the Attomey General regarding the City of Oakland Medical Cannabis Cultivation Ordinance. The U.S. Department of Justice is familiar with the City's solicitation of applications for permits to operate "industrial cannabis cultivation and manufacturing facilities" pursuant to Oakland Ordinance No. 13033 (Oakland Ordinance). I have consulted with the Attomey General and the Deputy Attomey General about the Oakland Ordinance. This letter is written to ensure there is no confiision regarding the Department of Justice's view of such facilities.
As the Department has stated on many occasions, Congress has determined that marijuana is a controlled substance. Congress placed marijuana in Schedule I of the Controlled Substances Act (CSA) and, as such, growing, distributing, and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities.
The prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of fhe Department. This core priority includes prosecution of business enterprises that unlawfully market and sell marijuana. Accordingly, while the Department does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen in compliance with state law as stated in the October 2009 Ogden Memorandum, we will enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law. The Department's investigative and prosecutorial resources will continue to be directed toward these objectives.
Consistent with federal law, the Department maintains the authority to pursue criminal or civil actions for any CSA violations whenever the Department determines that such legal action is warranted. This includes, but is not limited to, actions to enforce the criminal provisions of the CSA such as Titie 21 Section 841 making it illegal to manufacture, distribute, or possess with intent to distribute any controlled substance including marijuana; Title 21 Section 856 making it unlawful to knowingly open, lease, rent, maintain, or use property for the manufacturing, storing, or distribution of controlled substances; and Title 21 Section 846 making it illegal to conspire to commit any of the crimes set forth in the CSA. Federal money laundering and related statutes which prohibit a variety of different types of financial activity involving the movement of drug proceeds may hkewise be utilized. The govemment may also pursue civil injunctions, and the forfeiture of drug proceeds, property traceable to such proceeds, and property used to facilitate drug violations.
The Department is concerned about the Oakland Ordinance's creation of a licensing scheme that permits large-scale industrial marijuana cultivation and manufacturing as it authorizes conduct contrary to federal law and threatens the federal government's efforts to regulate the possession, manufacturing, and trafficking of controlled substances. Accordingly, the Department is carefully considering civil and criminal legal remedies regardhig those who seek to set up industrial marijuana growing warehouses in Oakland pursuant to licenses issued by the City of Oakland, hidividuals who elect to operate "industrial cannabis cultivation and manufacturing facilities" will be doing so in violation of federal law. Others who knowingly facilitate the actions of the licensees, includmg property owners, landlords, and financiers should also know that their conduct violates federal law. Potential actions the Department is considering include injunctive actions to prevent cultivation and distribution of marijuana and other associated violations of the CSA; civil fines; criminal prosecution; and the forfeiture of any property used to facilitate a violation of the CSA. As the Attorney General has repeatedly stated, the Department of Justice remains fumly committed to enforcing the CSA in all states.
I hope this letter assists the City ofOakland and potential licensees in making informed decisions regarding the cultivation, manufacture, and distribution of marijuana.
Very truly yours, Melinda Haag
I think you missed one....unless "11th Floor. Ftdtral Building" is correct.
Watch out for that Ftdtral Government....
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2ndChancesRDivine
I slayed the Jabberwock!



Registered: 04/19/10
Posts: 1,100
Loc: ked up in my mind..
Last seen: 1 year, 1 month
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Re: Feds Threaten Marijuana Dispensaries Nationwide [Re: demonofchaos]
#14139933 - 03/17/11 10:05 PM (12 years, 10 months ago) |
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Sounds like we need to start a petition to vote to bring the control of the DoJ to the hands of the people. Not elected officials who appoint members. A complete restructuring of the DoJ is necessary if we are to pull ourselves out of this double standard. The Feds don't live here. We live here. We are the people. They are our government. We should be electing them and telling them how to run things. Not the other way around.
Wouldn't it be great if we could make and enforce legislation that if Federal Agents arrest peaceful MMJ dispensary employees and target MMJ businesses then they themselves could undergo criminal prosecution? I am so livid right now. I try to live a good, ethical and moral life, I get my MMJ, I get my legal scripts, I trip on Acid, ecstasy and shrooms from time to time because I enjoy the experience, yet that makes me a criminal. I feel completely drowned in a sea of what everyone else wants me to be and completely helpless to make my own decisions. I really hope something changes. I am so sick of our government I just don't know how much more of this I can take.
--------------------
    All your RC are belong to me.
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