We really made an impact here. I don’t know if he’s saying it because he thinks it’ll get the protesters off his back, or because he really does see the value of it, but it’s good either way.
Via Morgan Fox at MPP:
During a press conference yesterday, Columbia Police Chief Ken Burton went out of his way to state his support for ending marijuana prohibition.
“I applaud your efforts,” he told a reporter who asked about campaigns to change marijuana laws. “If we could get out of the business [of going after marijuana offenders], I think there would be a lot of police officers that would be happy to do that.” [...]
Chief Burton also acknowledged that violence surrounding marijuana is often associated with the illegal market created by prohibition, and not the drug itself. “Crimes do occur because of marijuana,” he said. “And you may make the argument that it’s because it’s not legal, and you may be right.”
Of course, he’s not going to stop enforcing the law, but he’s indicated that he’s behind efforts to change the law.
“Constitutional challenges to Federal authority over drug law have failed. The latest case being Gonzales v. Raich. I suggest you read the summary.”
The Syllabus does not mention if the court in Gonzales v. Raich court determined or even reviewed the Constitutional or rational basis for including cannabis and cannabinoids in Schedule I despite the facts of it’s safe, accepted medical use in the United States.
Oral arguments, petitioner’s and respondent’s briefs are available with the syllabus here:
http://www.oyez.org/cases/2000-2009/2004/2004_03_1454/
from: http://www.law.cornell.edu/supct/html/03-1454.ZS.html
“California’s Compassionate Use Act authorizes limited marijuana use for medicinal purposes. Respondents Raich and Monson are California residents who both use doctor-recommended marijuana for serious medical conditions. After federal Drug Enforcement Administration (DEA) agents seized and destroyed all six of Monson’s cannabis plants, respondents brought this action seeking injunctive and declaratory relief prohibiting the enforcement of the federal Controlled Substances Act (CSA) to the extent it prevents them from possessing, obtaining, or manufacturing cannabis for their personal medical use. Respondents claim that enforcing the CSA against them would violate the Commerce Clause and other constitutional provisions. The District Court denied respondents’ motion for a preliminary injunction, but the Ninth Circuit reversed, finding that they had demonstrated a strong likelihood of success on the claim that the CSA is an unconstitutional exercise of Congress’ Commerce Clause authority as applied to the intrastate, noncommercial cultivation and possession of cannabis for personal medical purposes as recommended by a patient’s physician pursuant to valid California state law. ”
“All controlled substances are classified into five schedules, §812, based on their accepted medical uses, their potential for abuse, and their psychological and physical effects on the body, §§811, 812. Marijuana is classified as a Schedule I substance, §812(c), based on its high potential for abuse, no accepted medical use, and no accepted safety for use in medically supervised treatment, §812(b)(1). This classification renders the manufacture, distribution, or possession of marijuana a criminal offense. §§841(a)(1), 844(a). Pp. 6—11.”
“The Ninth Circuit cast doubt on the CSA’s constitutionality by isolating a distinct class of activities that it held to be beyond the reach of federal power: the intrastate, noncommercial cultivation, possession, and use of marijuana for personal medical purposes on the advice of a physician and in accordance with state law. However, Congress clearly acted rationally in determining that this subdivided class of activities is an essential part of the larger regulatory scheme. ”
from the petitoner’s brief:
“. . . respondents’ purported
medicinal use of marijuana, a schedule I drug, directly
interferes with Congress’ comprehensive regulation of
the drug and squarely conflicts with Congress’s determination
that the drug has no accepted medicinal use.”
source:
http://www.oyez.org/sites/default/files/cases/2000-2009/2004/2004_03_1454/briefs/Petitioner%27s%20brief.pdf
from the respondent’s:
“For purposes of the CSA, marijuana is classified as a schedule I drug with “no currently accepted medical use in treatment in the United States,” id. § 812(b)(1)(B), (c).3 Despite this classification, “the public record reflect[s] a legitimate and growing division of informed opinion on this issue.” Conant v. Walters, 309 F.3d 629, 640 (9th Cir. 2002)”
“Federal law defines “marihuana” to mean “all parts of the plant Cannabis sativa L” except “the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, . . . or the sterilized seed of such plant.” 21 U.S.C. § 802(16). In this brief, the term “cannabis” refers to any part of the plant Cannabis sativa L used for medical purposes.”
source: http://www.oyez.org/sites/default/files/cases/2000-2009/2004/2004_03_1454/briefs/Respondent%27s%20brief.pdf
As an ex-cop I deplore the use of paramilitary tactics for normal, municipal law enforcement activities. All American citizens must stand four-square against this practice. Ken Burton is a dollar short and many days late. If he has ANY personal integrity (which I sincerely doubt) he should immediately fire ALL of the officers that participated in this raid, then resign himself. This man is unfit, in my opinion, to carry a badge. He, and his ilk, make me ashamed that I EVER carried a badge. I am more than willing to fly from my current home in central Mexico to Columbia, Missouri and say that to his face, in public. But, of course, this official coward would not have the courage to debate me in public. BURTON, TAKE OFF YOUR BADGE, and apologize to me and thousands of other retired officers who assumed their duties to be “To Protect and to Serve” their citizens–not to terrorize and murder them.
@DTY: Truth and reconciliation works wonders. Perhaps you could encourage Burton to join LEAP.cc
Here’s some contact info:
Columbia Police Department
600 East Walnut
Columbia, MO 65201-4491
573-874-7652 / FAX: 573-874-3142
http://www.gocolumbiamo.com/Police/Contact_Us/index.php