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December 2012
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Odds and Ends

Sorry for the lack of posts the past few days — the L.A. trip wiped me out, and now it’s the last week of school with a lot of catching up to do.


bullet image Interesting legal development: California Court: Landlord Can’t Evict Medical Marijuana Dispensary

One of the tools that the feds have been using has been to threaten the landlords and get them to do the dirty work for them by evicting the dispensary. This ruling notes that as long as the lease indicated that the business was for medical marijuana, the landlord can’t use the state courts to evict them for doing what they said they would do and what’s legal under state law.


bullet image Gee, maybe there really are some limitations to applying U.S. law to the entire globe. U.S. law targeting drug smugglers in foreign waters is deemed illegal

In a bit of a blow to the endless war on drugs, a federal appeals court has concluded the 1986 law used to charge the defendants is illegal. In November, the 11th U.S. Circuit Court of Appeals in Atlanta vacated their convictions after finding that Congress exceeded its constitutional power when it passed a portion of that law that was used to prosecute them.

The appeals court found that the Maritime Drug Law Enforcement Act could not be used for prosecuting drug smugglers arrested within the 12-mile territorial waters of foreign countries such as Colombia, Panama, Guatemala and Honduras.

Only a minor restriction to the global domination of the U.S. drug war, but important nonetheless.


bullet image Pretty pathetic. Colorado Business Groups Ask Feds to Enforce Marijuana Laws

That’s right – a bunch of Chambers of Commerce and other organizations have sent a letter asking for the feds to step in. It’s a truly bizarre letter. They say that the legal uncertainties of the clash between state and federal laws create a difficult business climate, but their only suggestion for solving it is for the Feds to impose draconian enforcement and they completely ignore the other way to resolve the difference.

On November 6, 2012, Colorado voters passed Amendment 64, a statewide initiative that makes it lawful for any adult to possess up to one ounce of marijuana for recreational use. Passage of Amendment 64 has left considerable uncertainty for employers and businesses in Colorado with regard to their legal rights and obligations. At a time when the Colorado economy is successfully emerging from the most recent economic downturn, enjoying certainty in our business decisions will assure continued growth in our economy.

The Colorado business community, as represented by the signatory organizations noted below, seeks clarity from the Department of Justice with regard to your intentions to enforce federal law under your prosecutorial discretion.

The provisions of Amendment 64 are in direct conflict with the Controlled Substances Act (CSA) and other provisions of federal law. The CSA clearly states that federal law preempts state law when there is a positive conflict between the two jurisdictions.1 Furthermore, Amendment 64 violates the Supremacy Clause of the US Constitution as well as our government’s treaty obligations ratified by Congress.2
Consequently, we encourage the enforcement of the CSA, to provide the certainty and clarity of law we seek.

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55 comments to Odds and Ends

  • Duncan20903

    .
    .

    Isn’t it fascinating that in the last 16 years that all of the arguments citing federal preemption have been made by State and local authorities trying to hide under the apron strings of the nanny state?

    You know, I think I could make a good argument that the response to the 2009 Ogden memo is a significant part of why the Feds are being so quiet about the ballot initiatives. Presuming that they didn’t predict the depth of the medicinal cannabis vendors and that they’re going to leave Colorado & Washington to muddle through this in their own way then it would be very reasonable to assert that they want to avoid a repeat and that’s why they’re standing mute on the issue. Don’t think that this argument is being presented as anything other than speculation.

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    • claygooding

      I think the silence can be directly connected to funding,,as countries around the world move forward with measures that will result in either changing or removing the STC the cost of buying,trade sanctions and other means to bring those countries back into support of the STC plus enforcement costs at home may prove to be the straw,,,praying for rain now,cause wet straw weighs more.

      If the US loses the STC their global prohibition of hemp will be over and America sure doesn’t want to be “hemp-less” while it is on the open market and produced everywhere else,

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    • I think you are right Duncan, but as soon as this budget issue is resolved, I think we will hear something. That is, unless we hear first from the Courts or the Congress.

      There are a lot of factors. I think the biggest one will end up being how it relates to the overseas wars.

      http://www.wired.com/dangerroom/2012/12/diplo-air-force/

      BIG MONEY.

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  • Duncan20903

    .
    .

    Well what do you know, The Massachusetts Medical Society has used some imagination and come up with a totally new way to try to monkey wrench that State’s implementation of their new medicinal cannabis patient protection law. Heck, just the fact that they’re involving themselves is something I don’t recall seeing happen in any other State that has adopted such a law. I really thought that I’d seen the prohibasites use every trick in the book but now I’ve been disabused of that silly thought.

    Doctors group seeks marijuana prescription guidelines
    The medical society, which represents about 24,000 Massachusetts physicians, wants marijuana registration cards to be provided only after a determination is made that a patient’s pain or symptoms cannot be treated with conventional therapies.

    I’m not familiar with how much leeway the Bay State gives the Legislature to muck around with a law enacted by a citizen generated ballot initiative. Often even a State’s native residents aren’t aware of those limits either. I’ve lost track of how many times I’ve seen a California resident demand that the Legislature change the Compassionate Use Act (CUA). In California the only way to alter a citizen generated ballot initiative is with another citizen generated ballot initiative unless the citizen generated law gives the Legislature the power to do so. The CUA makes no such authorization. Of course there’s the other end of the spectrum where we find the Montana Legislature and the DC Council where the lawmakers can do anything that a simple majority of the lawmakers decide to do.

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    • claygooding

      I smell big pharm influence,,doctors supporting and pushing the pharmaceutical companies products is nothing new.

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    • stlgonzo

      I think Clay is correct about Big Pharma.

      I really have a problem with the

      -“wants marijuana registration cards to be provided only after a determination is made that a patient’s pain or symptoms cannot be treated with conventional therapies.”-

      Let us force you to use more dangerous drugs before you can use the non lethal one.

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  • Servetus

    The list of Chamber of Commerce organizations in Colorado promoting the CSA doesn’t include the Chambers of Commerce of Boulder, Denver, Aspen, Vale, or any other liberal locale in Colorado. Grand Junction, Greeley, Fort Collins, Pueblo, Colorado Springs, and Loveland, by contrast, are all backwater refuges for right wing extremists.

    It’s also not clear who the prohibitionist Chambers really represent. If any one particular business were to front themselves off as enemies of Prop 64, they would risk a state or even a national boycott of their products and services. If it were really the feds, or the DEA itself behind the letter, we would have no way of knowing the truth, nor would the businesses represented by the Chambers know that the DEA was actually speaking on their behalf, and without their permission.

    The Citizens United decision by the U.S. Supreme Court gave the various Chambers of Commerce a means by which to camouflage and conceal political treachery. We don’t know specifically which Chamber members are behind the current attempt to keep the CSA alive, but it might as well be the Mexican cartels, because it is they who stand to benefit the most from continuing the prohibition of drugs.

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  • darkcycle

    Two days. That’s where we stand. In two days possession of Cannabis by adults will no longer be a crime in Washington State. And so far the crickets are the loudest sound out of D.C..
    Really It’s only a bit more than 39 hours from now….

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    • claygooding

      and in 15 days several of the locals will be huddled around my chiminea(weather permitting)with a fire for company and plenty of weed for our “Last Nite” psrty,,just in case.

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    • Plant Down Babylon

      Darkcycle, Too bad they don’t have coqui frogs in DC as those little buggahs with their decibel blasting ‘ko keee’ would drown out all the crickets, lawmakers, kops and everyone else!
      Hey! If we could get them on our side, they’d be an excellent tool to drown out prohibs like kevie.
      Too bad that they only care about mating, wouldn’t be able to distinguish between Ethan or Kev, and only make a ruckus at night.

      Maybe Wiggles could train them….

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    • I hear the Spaced Needle is gonna be the place to be…

      and imagine, a pre-Xmas, post-Thanksgive holiday… Legalization Day

      That sure has a nice ring to it!

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      • darkcycle

        I dunno, I think the best bet will be to enjoy yourself privately. The law still states very clearly that open smoking is a no-no.
        Plus, I REALLY hope people keep this day low key and that nobody does something to create a poster child for the prohibs.
        Remember, even Kleiman is already looking for some reason to declare this experiment a failure.

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        • Windy

          How does this “no smoking in public view” affect Hempfest?

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        • claygooding

          Windy,,I think the public view law will eventually be challenged to allow for “coffeeshops” type businesses where smoking is allowed the same as drinking beer in a bar.

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        • I dunno… I’ve long been a proponent of the right to peaceably assemble. And what could be more peaceful than sharing some.

          Sorry, but I like rocking boats, poking some eyes with blunt objects. If cig smokers still can smoke publicly (within limits), if alcohol can be consumed publicly (within limits)…

          And HF? I expect the Nat’l Whether Service will show clouds over Seattle those days.

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        • darkcycle

          Not in anti-smoking Washington Clay. You can’t even smoke a cigarette (legally) in a city park around here. It’s a violation to light up virtually anywhere but your home and or car. They will NOT make looser regs for pot, you can bank on it. I have a friend who owns the Cigar Shop down in Fairhaven. He had his lawyer look into opening a cigar club. The short answer is- you can’t… not here.

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        • darkcycle

          Windy, did you notice the Hempfest people opened a giant high end head shop and gallery in Lake City? They may have seen that writing on the wall….I’m sure they’ll ask for event permits for next year though, we’ll have to see. I haven’t asked Vivian, but I’m equally sure he’s going to say it’s on (whether it is or isn’t).

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  • ezrydn

    When does Colorado’s law kick in?

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  • stlgonzo

    In a national sample of 1,325 registered voters, 58 percent said “the use of marijuana should be made legal.”

    Here is the poll.

    http://www.mpp.org/assets/pdfs/blog/MPPResults.pdf

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    • Deep Dish

      But, bizarrely enough, only 47% believe Obama should respect states rights. So, 11% of Americans think Obama should rape them up their own ass.

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      • stlgonzo

        More woman opposed, and more women want Obama to use federal strong arm tactics.

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        • Deep Dish

          True, but there wasn’t much of a difference. 62% of men think it should be legal but only 52% think Obama should respect their opinion, so there’s still 10% who want to be sodomized.

          The difference is 12% for women.

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        • stlgonzo

          I like the way you put that Deep Dish. My guess is the “should be legal, but not a priority” and “unsure if Obama and the feds should do anything” cross allot there.

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        • Windy

          This woman says too many women are ridiculously uniformed. Many more of the female gender need to get educated on economic matters via the Mises Institute and then they won’t be backing the kinds of policies that do more harm to women and children than do good for anyone except government. I try to inform the one’s with whom I have contact and I am making headway with some of them but some are just damn stubborn.

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    • claygooding

      CBS poll puts it at 59% support allowing states to decide marijuana policy.

      CBS News Poll Finds 59% of Americans Want States – Not Feds – to Determine Marijuana Policy
      Drug Policy Alliance

      http://tinyurl.com/cwnvbqm

      Majorities Across the Political Spectrum – Including 65% of Republicans – Say the Federal Government Should Leave Matter to the States

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    • Nice!

      And some gage to go with it.

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    • Windy

      I listen to a CAnadain rock station, the DJ said, yesterday, “In WA State they legalized marijuana the same month Twinkies went bankrupt. America you rock.”

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      • divadab

        which station? I like the jazz on 90.9

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        • Windy

          diva, it’s 100.3 The Q out of Victoria. I really like it because no matter where I go around Puget Sound (from Blaine to Deming to Olympia and over on the other side, Shelton to Key peninsula to Port Townsend) I can receive that station with a very few (and very short) exceptions.

          I also like their long weekends; whenever they have a 3 or 4 day weekend in Canada, the Q plays only requests. So besides getting to hear great Canadian bands never played on US stations, I also get to hear a wide variety of rock music that doesn’t get played often anymore, anywhere. They also do other weekends devoted to a single band, they call them Legends of Rock weekends.

          In addition to all that they post a list of what they’ve played for the last 24 hours on their website, so if you hear a song you like and don’t recognize it, you can go to the playlist and scroll to the time of day you heard it and get the name of the song and the artist, it’s a great feature.

          If you’re interested here is the url for their website:
          http://www.theq.fm/

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  • Peter

    “conventional therapies”
    I can see lawyers arguing over the definition of that one for years.

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  • primus

    Actually, the lawyers in Washington, Colorado and California will make mucho dinero for years because of these voter initiatives. What with federal prosecution, state regulation and defining abuse and intoxication should make it easy for their kids to attend university.

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    • claygooding

      Lawyers have always been in the catbirds seat on cannabis since 1937,,seldom mentioned as a lobby force or having any influence over ending prohibition but nearly every legislator is a lawyer and they are notorious for not cutting another lawyer’s throat.

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    • darkcycle

      What, and these same lawyers have been poverty stricken under prohibition? Uh, Primus, didn’t your mom ever teach you about lawyers? that The first Task of the very First lawyer was to create a job for the second, and so on?

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  • a commercial interruption…

    you all know at least one stoner that wants one of these on their wall:

    High Hopes

    Just the cover shot of the Hemperor is worth the price. These really are top quality… and you’ll be aiding the cause.

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    • darkcycle

      And I have it on good authority that all of the days and most of the months are included in their proper order.

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  • Francis

    They say that the legal uncertainties of the clash between state and federal laws create a difficult business climate, but their only suggestion for solving it is for the Feds to impose draconian enforcement and they completely ignore the other way to resolve the difference.

    This is sort of like asking your kidnapper to go ahead and kill you in order to resolve the “uncertainty” about whether or not he is in fact going to kill you. No, that’s not quite it. This is like asking someone else’s kidnapper to go ahead and kill them.

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  • darkcycle

    I love December. Did you know that Hot Chocolate (much like traditional bhang drinks) is the PERFECT vehicle for Cannabis?
    My own fav is my “Knock my ass out for eight hours of sleep uninterrupted by PTSD Special”. It consists of twelve ounces of Hot Chocolate (your choice) with one tablespoon STRONG alcohol based tincture. Garnish with peppermint stick.
    Get yer P.J.’s on first…

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    • darkcycle

      Nighty-night…..droooool…..

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    • claygooding

      I quit alcohol,,will have to try it with cannabutter.

      I made my first batch of cannabutter and made molasses cookies with it,,awesome.

      I was wondering if in the process of making cannabutter does it remove all the medicine from the leaf or are some locked inside the plant and require using the ground up marijuana instead of cannabutter.

      I wonder the same about vaping,,I know it melts the thc but there are other ingredients that it doesn’t melt,,so vaping may be better for the lungs but you could be missing some of the stuff you need.

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      • Matthew Meyer

        Butter extracts less than alcohol or oil. You can get European butter with a higher fat content, apparently that helps a bit. Also, you might try using coconut oil instead. If you can start with bubble hash instead of green plant material so much the better.

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  • Duncan20903

    .
    .

    New Survey Finds Record Majority Support for Legalizing Pot

    Public Policy Polling is consistently among the polling companies with the most accurate results. That probably won’t matter to the prohibasites since MPP paid for the survey but it impresses the heck out of me.

    Does anyone think that Kev-Kev might have a crisis of self identity when he realizes that the potheads have kicked him to the curb like last week’s garbage? I think we ought to make him go to at least 2 Prohibitionist Anonymous meetings a week to hurry along his recovery.

    —[paid advertisement]—

    Is reality getting you down?

    If you can’t lick ‘em with logic, then baffle them with bullshit! Call the specialists in re-writing reality. Over 57 years of combined expertise is available from Kerlikowske, Kleiman and Sabet Consultancy Ltd. The first consultation is always free and we don’t get paid until you get the reality you want. It’s very rare when we accept new clients so hurry down to 420 K Street today and let the experts make that pesky reality jump through the hoops the way that you want!

    —(parking validated)—

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    • darkcycle

      But wait! Two Free Junk Science Research studies, FREE! You can select two of our poorly designed, statistically flawed studies, and we will RE-INTERPRET them to say what YOU want, free, just for signing up! Special rates for Global Warming deniers and Creationists!

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      • Windy

        You know, dc, most of the GW “deniers” don’t claim there is no global climate change happening, we just question that humanity has had anything to do with it and that humanity can do anything about it without doing more damage to our civilization than climate change could or would. We think a much better way to address the “problem” is to start looking at ways we can adapt to it and live with it, rather than trying to stop what cannot be stopped. As some of us have asked, over and over, what has humanity to do with the warming going on on the other nearby planets in our solar system?

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  • Part 3 of 3, a series on using MDMA to treat PTSD, from CNN:

    Ecstasy and PTSD: One story

    Hope said it certainly worked for her. She estimates that 80% of her symptoms disappeared after that first MDMA-assisted session. “It allowed me to rewire my brain,” she said. Another 10% of her symptoms went away over the next few weeks, she said.

    According to results published last month in the Journal of Psychopharmacology, the effect was typical. Of 19 subjects in the study, more than two-thirds still showed significant improvement more than three years later — what Mithoefer and colleagues describe as “meaningful sustained reductions” in their symptoms.

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    • Windy

      So this is finally getting some attention by MSM, about damn time! Some of us have known about this (and other treatments involving psychedelics and MDA analogs) for a number of years now. In fact, I was reading about the psychiatric use of these and other (now illicit) drugs being helpful in their practices before a lot of them were criminalized.

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  • goblet

    This is scary. So much for govt accountability:

    http://www.businessinsider.com/ndaa-legalizes-propaganda-2012-5

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    • Windy

      “The amendment — proposed by Mac Thornberry (R-Texas) and Adam Smith (D-Wash.) and passed in the House last Friday afternoon — would effectively nullify the Smith-Mundt Act of 1948, which explicitly forbids information and psychological operations aimed at influencing U.S. public opinion.”

      This is from back in May, odd that it didn’t get more coverage at the time, wish it had, perhaps if it had, Adam Smith would have lost his election bid this year.

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