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veggie

Registered: 07/25/04
Posts: 17,504
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[MT] Raided Medical Marijuana Providers Sue U.S. Government
#14443410 - 05/13/11 01:22 AM (12 years, 8 months ago) |
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Raided Medical Marijuana Providers Sue U.S. Government May 12, 2011 - tokeofthetown.com
Two Montana medical marijuana providers have accused the United States government of civil rights violations in what is believed to be the first lawsuit of its kind, in response to a federal crackdown on medicinal cannabis operations nationwide.
The owners of Montana Caregivers Association and MCM Caregivers said that federal raids on medical marijuana businesses across Montana in March were unconstitutional, exceeded the government's authority and preempted the states' medical marijuana law, reports Matt Volz at the Associated Press. Montana's medicinal cannabis law was approved by an overwhelming 62 percent of voters in 2000.
Since the Montana raids, Drug Enforcement Administration agents have raided two Washington state dispensaries, and federal prosecutors have sent threatening letters to political leaders in many of the 15 states which have legalized medical marijuana.
The lawsuit was filed on Tuesday in U.S. District Court in Missoula against the federal government, the Department of Justice, Attorney General Eric Holder and U.S. Attorney for Montana Michael Cotter.
The plaintiffs say the intent of the federal raids was to shut down the state's medical marijuana industry.
"The federal government has made it clear its intent to threaten and eventually eliminate any business or enterprise related to the medical use of marijuana," Christopher Williams of the Montana Caregivers Association and Randy Leibenguth of MCM Caregivers said in the lawsuit.
The Department of Justice had no comment on the suit when contacted Wednesday. U.S. Attorney Michael Cotter's spokeswoman, Jessica Fehr, also wouldn't comment, claiming the office hadn't been served with the lawsuit.
This is the first constitutional challenge of the government's actions, according to New Mexico attorney Paul Livingston, who is representing the plaintiffs.
"I'm surprised nobody's raised a 10th Amendment challenge," Livingston said. "This is a process going on in all the states that have approved medical marijuana. They're trying to set limits."
According to the 10th Amendment of the U.S. Constitution, powers not delegated to the federal government or prohibited are reserved to the states. Marijuana providers can't be arrested, prosecuted or penalized if they do not exceed the amount of cannabis they are allowed to keep per patient, according to current Montana state law.
DEA agents executed 26 search warrants against medical marijuana businesses in Montana on March 14, seizing cannabis, cash, weapons and vehicles in what U.S. Attorney Cotter claimed was a "drug-trafficking investigation." No charges have been filed in connection with the "smash and grab" raids, and Cotter's office won't comment on the "investigation."
Cotter's threatening letter to Montana political leaders said the Department of Justice considers it "a top priority" to prosecute those involved in the trade of "any illegal drugs." But the letter added that the DOJ would not pursue prosecution of seriously ill individuals who are following their state's medical marijuana laws.
Governor Brian Schweitzer has said he would allow a new medical marijuana "overhaul" bill to become law without his signature later this week. The law would gut the state's medical marijuana industry and make criminals of many currently legal patients.
Protesters are planning a petition drive in which they hope to gather enough signatures to block the bill from becoming law.
In their lawsuit, Williams and Leibenguth say that because the Constitution does not expressly grant the government powers over medical marijuana, the government violated the 10th Amendment to overrule Montana's medical marijuana laws.
They are asking Judge Donald Molloy to declare the raids unconstitutional and prevent the federal government from threatening, interfering or prosecuting them for activities which are legal under state law. They are also asking for to be compensated for an unspecified amount of damages.
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Hrunting
Geekologist

Registered: 05/28/09
Posts: 125
Loc: Mid West Side
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Re: [MT] Raided Medical Marijuana Providers Sue U.S. Government [Re: veggie]
#14443479 - 05/13/11 01:52 AM (12 years, 8 months ago) |
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this was long overdue
cant wait to see if anything comes of it
really theres a lot of fed BS that could take some 10th amendment scrutiny.
-------------------- yall be good to each other
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LightShedder
Trading currencies



Registered: 08/30/05
Posts: 3,026
Loc: AustinDenverLA
Last seen: 4 years, 7 months
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Re: [MT] Raided Medical Marijuana Providers Sue U.S. Government [Re: Hrunting]
#14443502 - 05/13/11 02:02 AM (12 years, 8 months ago) |
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FUCK YES!!!! That is amazing news! Fuck yes.
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tizjack
Tizzy



Registered: 09/20/10
Posts: 618
Loc: Melbourne, Victoria
Last seen: 8 years, 5 months
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Re: [MT] Raided Medical Marijuana Providers Sue U.S. Government [Re: LightShedder]
#14444086 - 05/13/11 07:31 AM (12 years, 8 months ago) |
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Yes! Fuck the man!
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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: [MT] Raided Medical Marijuana Providers Sue U.S. Government [Re: veggie]
#14444326 - 05/13/11 08:49 AM (12 years, 8 months ago) |
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The Federal Government will hide behind the Commerce Clause.
-------------------- 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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LightShedder
Trading currencies



Registered: 08/30/05
Posts: 3,026
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Last seen: 4 years, 7 months
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Re: [MT] Raided Medical Marijuana Providers Sue U.S. Government [Re: destructo_low]
#14444527 - 05/13/11 09:47 AM (12 years, 8 months ago) |
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Quote:
destructo_low said: The Federal Government will hide behind the Commerce Clause.
Fortunately, I see no legal application of that ruling in this case. I see how you could think that but in this case, there is 0 effect on interstate commerce. None whatsoever. Except maybe that more goods are purchased to cultivate the plant. I think the state has a much better leg to stand on citing the 10th amendment than does congress citing commerce clause.
Now, when it comes to going up to the armed Mafia and explaining that they've wronged you and you're entitled to compensation, GOOD LUCK!
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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: [MT] Raided Medical Marijuana Providers Sue U.S. Government [Re: LightShedder]
#14445028 - 05/13/11 11:25 AM (12 years, 8 months ago) |
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Quote:
LightShedder said:
Quote:
destructo_low said: The Federal Government will hide behind the Commerce Clause.
Fortunately, I see no legal application of that ruling in this case. I see how you could think that but in this case, there is 0 effect on interstate commerce. None whatsoever. Except maybe that more goods are purchased to cultivate the plant. I think the state has a much better leg to stand on citing the 10th amendment than does congress citing commerce clause.
Now, when it comes to going up to the armed Mafia and explaining that they've wronged you and you're entitled to compensation, GOOD LUCK!
What they say is that because the medical marijuana has the ability to enter the illegal marijuana market and affect intrastate or interstate commerce of illegal marijuana, it does fall under the commerce clause. They have ruled in favor of the Federal Government using Wickard v. Filburn before concerning State's Rights and medical marijuana.
-------------------- 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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Mushie23
Entheogens



Registered: 11/19/10
Posts: 789
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Re: [MT] Raided Medical Marijuana Providers Sue U.S. Government [Re: destructo_low]
#14446037 - 05/13/11 03:18 PM (12 years, 8 months ago) |
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Wow, all should follow suit. I need to dust up on my Amendents, had no idea about this. This is great, it sounds like a legitimate argument...but the governoment/feds always seem to come up with some bullshit reason about how they're right. Hope a judge sees this correctly.
-------------------- Eat Mushrooms----plug into life and nature.
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SWEDEN
Miracle of Science


Registered: 10/25/04
Posts: 2,577
Loc: PNW
Last seen: 6 years, 8 months
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Re: [MT] Raided Medical Marijuana Providers Sue U.S. Government [Re: destructo_low]
#14446301 - 05/13/11 04:04 PM (12 years, 8 months ago) |
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Quote:
destructo_low said:
Quote:
LightShedder said:
Quote:
destructo_low said: The Federal Government will hide behind the Commerce Clause.
Fortunately, I see no legal application of that ruling in this case. I see how you could think that but in this case, there is 0 effect on interstate commerce. None whatsoever. Except maybe that more goods are purchased to cultivate the plant. I think the state has a much better leg to stand on citing the 10th amendment than does congress citing commerce clause.
Now, when it comes to going up to the armed Mafia and explaining that they've wronged you and you're entitled to compensation, GOOD LUCK!
What they say is that because the medical marijuana has the ability to enter the illegal marijuana market and affect intrastate or interstate commerce of illegal marijuana, it does fall under the commerce clause. They have ruled in favor of the Federal Government using Wickard v. Filburn before concerning State's Rights and medical marijuana.
The logic of their argument is flawed. Guns have the ability to enter illegal markets, yet you don't see gun stores being raided.
Any judge who isn't bought or half-senile should rule in favor of the Caregivers.
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Remix
grammer natze



Registered: 08/05/10
Posts: 4,171
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Re: [MT] Raided Medical Marijuana Providers Sue U.S. Government [Re: SWEDEN]
#14452179 - 05/14/11 04:21 PM (12 years, 8 months ago) |
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Logic doesn't mean much when the laws and politicians themselves are illogical.
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