State licensed medical marijuana farmer faces 99 years in federal prison.

[Webster Green]

This is an outrage! Nice work, President Obama. How in the hell is this fair? This amounts to cruel and unusual punishment.

http://www.sfgate.com/business/article/Medical-pot-provider-convicted-of-drug-trafficking-3898873.php#ixzz2AH0aZo1h

[Le Taz Hot]

1. K & R

because people here need to see what they're voting for.

[porphyrian]

2. Don't blame the President; he didn't make the law, Congress did. Congress has to change it, too.

The President is not the CEO of America, like the republicans believe. The President can set priorities, maybe, but he cannot tell law enforcement agencies not to do their job. If we want to stop this, we need to change the law. Nothing else will get it done.

[Le Taz Hot]

3. Um, no, that is incorrect.

It was President Nixon who placed cannabis as a Schedule I drug. All it would take is another president to reschedule to a II or III.

Another point. Obama said, during his first campaign that MM was low on his priority list. In the last 2 years, Holder and his jack boots have raided every state in which MM is legal.

One last point. The feds use local LE to do their dirty work. Occasionally the DEA will be involved but the the soldiers on the ground are the locals. The point being, the FEDS are behind the MM jihad and that points to the top. I know this makes the Loyalists uncomfortable but that is the reality.

[porphyrian]

6. Did President Nixon reschedule cannabis or did Congress at Nixon's suggestion?

Further, despite Nixon's declaration of the War on Drugs, the Congress of that time still had to put it into law or there would be none; the President is not a king. Our President has been trying to get Congress to pass a jobs bill for two years now, and they haven't. They are not working with him. The President is not in the lawmaking branch of our government. Laws are made, and changed, by Congress.

President Obama did tell Holder to deprioritize enforcement on medical marijuana, but not all marijuana production in America is medical. Since it is still against the law nationally, and since we are still in the Drug War, this was bound to happen eventually. We need people in Congress who will end the Drug War and who will change the existing law. President Obama cannot do this by declaration no matter how much you may want him to; he can only suggest it to Congress.

The Feds are behind this. They are doing their job, because this is the law. Direct your anger at the correct people - obstructionists in Congress. Change the law, end the Drug War.

[Romulox]

8. The Congress gave the Executive Branch the power to re-schedule. Direct cite to the law follows.

No more "confusion". No more refusing to look up basic facts before opining. No more pretending that the President isn't in charge of his own policy.

Controlled Substances Act
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT


PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES
§ 811. Authority and criteria for classification of substances.

(a) Rules and regulations of Attorney General; hearing
The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e) of this section, the Attorney General may by rule -

(1) add to such a schedule or transfer between such schedules any drug or other substance if he -
(A) finds that such drug or other substance has a potential for abuse, and
(B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 812 of this title for the schedule in which such drug is to be placed; or
(2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule.

Rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapter II of chapter 5 of title 5. Proceedings for the issuance, amendment, or repeal of such rules may be initiated by the Attorney General (1) on his own motion, (2) at the request of the Secretary, or (3) on the petition of any interested party.


http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm#cntlsbb

[porphyrian]

20. I'm not pretending that the President isn't in charge of his own policy.

If you would take the chip off of your shoulder for two seconds, you may realize that we are on the same side of this issue. I don't appreciate your attitude or implications about me, so chill the fuck out.

I am not a lawyer, but I understand civics better than many people, thus I was posting here to help, not to attack or be attacked. What I said is correct. What you have shown, however, is that there is an administrative law which grants power to the Attorney General, not the President, to reschedule drugs "if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule." If Holder has not rescheduled marijuana, he is not yet convinced that it should be rescheduled. The President can't make him decide this, though the President could replace him or threaten to. I'm guessing it is not yet a priority for the President. At any rate, if I'm not mistaken, the scheduling of marijuana is currently being challenged in court, so this subject may soon be moot.

[Romulox]

30. If you can't READ a paragraph that I've cited for you, you can't take part in any informed

discussion on this matter.

I am not a lawyer, but I understand civics better than many people, thus I was posting here to help, not to attack or be attacked.

You're posting incorrect information. It will be "attacked" as incorrect every time you post it.

[EOTE]

70. No, you're just saying he's powerless to do anything about it.

Which is utter bullshit. This was a large part of Obama's initial campaign and he has made a complete 180 degree turn. If you don't think that Obama can do anything about this, then you do not understand civics better than the average person at all. Democrats touted Obama when he made these promises, a large number of them forgot about it once he broke them. This is a miserable failure on the President's part, I'm sick of democrats making excuses for him regarding it.

[slackmaster]

13. There is no scientific justification for scheduling cannabis at all

It should be completely legal for private possession, use, and cultivation by adults.

[porphyrian]

23. I don't disagree. n/t

[Webster Green]

4. I will blame Obama.

He can set priorities, and his DOJ thugs are out of control. He is just fine with stealing medicine from patients and long prison sentences for marijuana. As an avid stoner himself, he shows what a hypocrite he is. It is disgusting!

[porphyrian]

11. I'm not at all happy about this, but part of the reason that it hasn't been changed yet...

...is that people aren't changing the law, which is ultimately what needs to happen. Changing state laws are just the first step; we have to change federal law. The President cannot change the law. Congress changes the law.

[frylock]

45. people are changing the law in WA state, and guess what?

the feds have stated that they will continue to make raids and arrests. the FEDS.

[Occulus]

56. AHEM

After the DEA accepts the filing of a petition, the agency must request from the HHS Secretary "a scientific and medical evaluation, and his recommendations, as to whether such drug or other substance should be so controlled or removed as a controlled substance." The Secretary's findings on scientific and medical issues are binding on the DEA. The HHS Secretary can even unilaterally legalize cannabis: "...if the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug or other substance." 21 U.S.C. § 811b

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

[EOTE]

71. Do you understand the difference between state and federal law?

You do know that it's not local police making these arrests, right?

[hifiguy]

27. You are correct.

One doesn't see the administration busting, say, porn sites on the internet because the administration does not apply a high priority to such action. Likewise, one does not see the DOJ pursuing Wall $treet criminals because it is not deemed "worthy" of action. Apparently busting MMJ is a vastly higher priority than jailing people who stole trillions of dollars. Actions speak louder, etc etc.

[Romulox]

5. I'm sick of this civic ignorance! The President appoints the head of the DEA, Justice. He IS in

charge of drug policy, and HE can re-schedule marijuana without an act of Congress.

Please look stuff like this up before posting incorrect information!

[porphyrian]

7. The job of the heads of the DEA and Justice Department is to enforce the law.

As long as marijuana is illegal, the danger of these departments enforcing national drug law exists. The President sets priorities, but unless he appoints robots, he cannot prevent them from doing their jobs.

How exactly can the President change a law without an act of Congress? I'm not saying that you are wrong, I may be wrong, but I'm curious as to where you got this information. If you provide a link, I'll happily correct what I've said if I am indeed wrong.

[Romulox]

9. You're wrong. I've cited the law, above. If you were truly curious, I wouldn't have had to...

Normally, people look up information first. THEN they lecture people.

[porphyrian]

22. Look, genius, you aren't as right as you think you are, so chill the fuck out. n/t

[Romulox]

31. I'm sorry, but that isn't a legal argument. Engage with the statute, or admit

that there is no legal basis for your argument.

[Occulus]

57. That's correct. He didn't mention that the Secretary of HHS has direct and binding input

over the DEA's actions and enforcement, and he didn't mention how that position is a Presidential appointment.

Oops, he wasn't wrong. Just incomplete.

[frylock]

60. translation: i got nothing, so i'll just hurl insults and quietly slink away

[EOTE]

72. Snark works much better if you're at least a little bit informed.

Otherwise, you come off looking like a bratty, ignorant kid that just needs to be right.

[Webster Green]

10. Really? How come Bush didn't go fucking crazy on medical mj?

Why has this become a huge priority since Obama took office?

[hifiguy]

28. That is a truly excellent question. nt

[Romulox]

41. Indeed. nt

[Comrade Grumpy]

46. To be fair, there were plenty of DEA raids under Bush.

But there have been more under Obama.

It wasn't a huge priority for Obama's first two years in office. But Deputy AG James Cole issued a new memo last year taking the reins off federal prosecutors, and we've seen this crackdown in CA, CO, MI, and MT.

I think the feds freaked out a bit at the way dispensaries were spreading.

[Romulox]

66. They've greatly increased under Obama. Reality, Comrade--deal with it! nt

[slackmaster]

12. It's "fair" because cultivation of cannabis is a felony under federal law

Please call or write your representatives in Congress and demand that they introduce legislation to legalize cannabis for private possession, use, and cultivation by adults.

[Webster Green]

14. You fucking think 99 years is a fair sentence for growing pot?

Good for you. Does it make you proud to be an American?

[Romulox]

16. He's "compassionate". Has been since I've been here. nt

[slackmaster]

18. I have consistently said for many years on DU that cannabis should be legalized

My record is quite clear and unambiguous on this.

Congress is responsible for this miscarriage of justice, but people keep voting the same clowns into office every two or six years.

[Romulox]

21. And yet you are STILL mis-stating the law, after all these years? How odd.

Link is in this very thread. Perhaps you should READ it before sharing your "expert" opinion?

[slackmaster]

24. I wrote that cultivation of cannabis is a federal felony

Where is the mis-statement in that?

BTW, why are you being so rude?

[Romulox]

26. READ the cited portion of the statute first, PLEASE. Rescheduling DOES NOT require Congress

to act; Congress has ALREADY acted.

[slackmaster]

29. You have presented a very weak and legally incorrect defense of a gun-toting federal felon

[Romulox]

32. Nonsense. I was talking about the power to re-schedule cannabis. You have misstated the law

as to this matter (by suggesting that Congress, and not the Attorney General, has the power to reschedule cannabis), and I've corrected you.

And I bet dollars to doughnuts that you STILL have failed to even briefly peruse the Controlled Substances Act.

[slackmaster]

35. I wrote that Congress has the power to LEGALIZE cannabis

You seem to be having some difficulty with reading comprehension this morning.

[Romulox]

39. That's technically true, but Congress has ALREADY delegated this authority to the Executive. Cite:

Controlled Substances Act, section 811(a)(2).

READ IT! It's the Law you are supposedly lecturing about!

http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm#cntlsbb

[slackmaster]

17. The Astute Reader(TM) will note the use of quotation marks around the word fair in my previous reply

If you had read the body of my reply you would know that I said it should be legal.

Does it make you proud to be an American?

I am proud that I finished school and always got good grades.

I am proud of being open-minded, and having the ability to think critically.

[Romulox]

25. The "astute reader" wouldn't immunize himself from facts by *refusing to read the actual statute*

(like YOU have!)

[slackmaster]

36. More rudeness from Remulox. I'm finished with this thread.

I have much more important things to do with my time than be subjected to brow-beating and misrepresentations of my posts.

[Romulox]

43. It's ASTOUNDING how you became "finished" without reading a single paragraph of the law, or

making a single legal argument. THIS is how you can hold the same position for years without letting ANY fact sway you.

[Romulox]

15. That argument falls flat once one actually becomes familiar with Federal Law. The cites are in this

thread.

[randome]

19. The possible sentence is unfair. But he was also convicted of firearms charges.

The guy was clearly trying to use medical marijuana laws to hide his dealing. A 99 year sentence is absurd but face facts -the guy was trafficking and so were his three partners.

[Romulox]

33. Here's another one who doesn't approve, but always seems to "understand"... nt

[randome]

37. What did you not understand about my post?

I think marijuana should be decriminalized but this guy was a trafficker, not a gentle, altruistic medical marijuana proponent.

[Romulox]

40. Oh, I understand perfectly. Your next move is demanding an invasive road-side sobriety test.

For reasons that you cannot explain, the existing roadside sobriety regimen is insufficient!

[randome]

42. Don't think I've ever even typed the word 'sobriety' on DU.

But you clearly need to be angry at someone. I would suggest finding a pillow and giving it a name like, 'Mitt'.

[Romulox]

44. LOL. You damn well made the argument, whether you used the word "sobriety" or not. nt

[me b zola]

34. K&R

[bhikkhu]

38. I hope it gets reduced or dropped, but he wasn't following state laws

which is the government's standard for prosecution (not that they have always kept it in some cases) - that if a person follows the laws of their state regarding medicinal marijuana. the federal government won't prosecute. Reading this one, Montana limits a grower to three customers, where it sounds like the grower here was supplying many customers statewide.

For the record, I just voted to legalize in my state, and I hope all this sort of thing gets settled and simplified.

[Comrade Grumpy]

49. He WAS following state law. The 3-patient limit didn't get passed until after he was raided.

The federal judge, as is always the case, did not allow any mention of the state's medical marijuana law at the trial. What a farce.

[marlakay]

47. I saw something on my local news last night in WA state

that said even if we vote it in the feds are going to make sure we don't get it….

I hoped if we voted it they would get the message….its so wrong to have it same as heroin…

[progressivebydesign]

50. I've seen how the medical pot has gone in Oregon and Washington...

weapons, home invasions, "small" growers turning out to be major drug operations that are selling to regular drug dealers, the mexican cartel are now involved. Not a fan.

[Comrade Grumpy]

53. I guess sending pot farmers to federal prison for 99 years is a more sane approach.

Weapons--Americans tend to have 'em.

Home invasions--blame the criminals, not the growers. (Do you blame 7-11s for getting robbed?)

"Small" growers--if they are not in compliance with state laws, they get prosecuted. By the state.

Mexican cartels--show me where they're involved in medical marijuana production.

Marijuana prohibition? Not a fan.

[frylock]

61. it should be easy for you to cite documentation of such events..

or is this merely anicdotal? seen some shit, have you?

[progressivebydesign]

48. Oh Bullshit. I read the story. It was not a little medical grow operation and he had weapons.

The entire medical marijuana thing is a joke now. Thousands and thousands of people have the cards, and you see signs on street corners about making money with the cards. He had a huge operation and had numerous weapons.

The idea of the medical MJ laws in States were that a person could grow a little bit of pot for themselves, and a few people. But what is happening is that they're trafficking it to other states and counties, selling to dealers, and violating the spirit of the law that was meant to hel people. Not to mention that the guy REFUSED to accept a deal in the case, and sees himself as some martyr.

Your post reminds me of the CONCERTED effort iN colorado to suppress the votes for the President because of one issue.

Well all I can say is this. Good luck under President Romney, because I KNOW that he, his Supreme Court, the republicans in Congress, the republican governors, will be very very good for your cause. no, really.. I think Romney is going to turn out to be PRO weed.

[Comrade Grumpy]

51. The man was in compliance with Montana's medical marijuana law.

He was growing for a series of a dispensaries.

He was not accused of trafficking to other states or selling to dealers or violating the spirit of Montana's law. In fact, he wasn't even allowed to mention Montana's law. How Kafkaesque.

Ooh, he had weapons. So do a huge number of Americans, especially in Montana. The guns only became an issue when the feds decided to prosecute.

If Obama loses Colorado because of the pot issue, he will have only his own Justice Department to blame.

[randome]

52. He said the guns were to protect the pot.

[Comrade Grumpy]

54. That's the same reason the convenience store clerk has a gun behind the counter.

To protect a valuable commodity from criminals.

[randome]

55. So growing a large amount of pot tends to attract criminal elements. I agree that it does.

People are not rational when it comes to even benign drugs like marijuana.

When I say 'people', I don't mean 'all people'. I mean there will always be a number of people who aren't content with growing their own.

[Comrade Grumpy]

58. It's not because it's pot; it's because it's a valuable commodity.

If pot were legal like tomatoes it would have a value like tomatoes. You don't hear of anyone doing home invasions of tomato grows.

Prohibition inflates the price and makes it an attractive target for criminals.

[frylock]

62. the real joke is idiot assholes arguing in favor of prohibition in the year 2012..

so fucking yuck it up! wooooooo!

[Romulox]

65. Have you ever considered NOT trying to dictate to others how to live their lives?

The entire medical marijuana thing is a joke now. Thousands and thousands of people have the cards, and you see signs on street corners about making money with the cards. He had a huge operation and had numerous weapons.

Ever consider minding your own business? Lemme guess, you think abortion ("the right to do what I want with my own body!&quot is an important issue, but the police state is just a big joke?

[Zorra]

59. The Dept. of Just Us Protecting Corporate Interests puts another flower grower

behind bars.

Big Daddy Pharma may even provide large bonuses to top law enforcement officials involved.

Meanwhile, widespread acts of voter fraud committed by GOP operatives are apparently, for some reason, immune from investigation by federal law enforcement, and the GOP can commit voter fraud at will with impunity.

[questionseverything]

63. we need to re elect obama and push him to de criminalize mj

[Romulox]

64. He promised to stop prosecuting MMJ in 2008. He lied. nt

[Selatius]

67. It's not like voters have a choice. We're left with Obama or Romney.

And Romney would probably be even more destructive than Obama in this particular arena.

[questionseverything]

69. yes romney would be more destructive on everything

does that excuse the pres? no but i still believe we can make him listen to us and i think presidential second terms are more liberating.......with romney and the neo cons we have absolutely no chance of being heard

[liberal_at_heart]

68. It's a long and hard fight

It will take more states passing these laws and putting pressure on the federal government to reschedule to make change happen. We just have to keep fighting.