Obama administration has so much money sitting around, they’ve decided to bust every pot smoker in California

Eric Holder To Prosecute Distribution, Possession If Prop. 19 Passes

SAN FRANCISCO — Attorney General Eric Holder is warning that the federal government will not look the other way, as it has with medical marijuana, if voters next month make California the first state to legalize pot.

Marijuana is illegal under federal law, which drug agents will “vigorously enforce” against anyone carrying, growing or selling it, Holder said.

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88 Responses to Obama administration has so much money sitting around, they’ve decided to bust every pot smoker in California

  1. primus says:

    My father was a champion bullshitter; this has the odor.

  2. David Marsh says:

    And in the PS he added, “If they don’t like it, Let them eat cake!”

  3. B-roll says:

    Look at that, the drug warriors are now scared shitless so they have to incite some kind of irrational fear that they are going to bust everyone who smokes pot in cali. Good luck in trying to build a prison to house all of those people.

    What a laugh.

  4. BuelahMan says:

    I wonder where all the state’s rights advocates are?

  5. WyldPirate says:

    This bit from Holder would be funny if it wasn’t so indicative of what a goddamned failure our system of government has become at every level:

    “Mr. Holder did not fully spell out the reasons for the decision, but he did allude to the reluctance of the federal government to enforce drug laws differently in different states. “If passed, this legislation will greatly complicate federal drug enforcement efforts to the detriment of our citizens,” he wrote.”

    First, Mr. Holder, you’re DOJ is ALREADY fucking enforcing the law differently in Cali than it is in the rest of the country. You’re already basically turning a blind eye to one state law–passed by fucking a voter-approved initiative–but this one is somehow differnt in that you have to bring out the storm troopers?

    Secondly, what about all of the “detriment to the citizens” that the 40+ years of the absolutely ineffectual “drug wars” that has already gone tdown the pike? What happened to the Obama who said his administration was “going to do things smarter and get rid of Government programs that didn’t work”?

    Is there ANY US Government “program” with more evidence that it is a complete and utter failure than the War on Drugs? Hell no.

    Fuck the politicians…they’re a bunch of worthless sonsabitches.

  6. Chuck says:

    Here’s the perspective of That Asshole Mark Kleiman. Asshole, but not a moron.

  7. claygooding says:

    The feds did the same thing when the medical marijuana law was voted in. They ruffled their feathers,danced back and forth rattling their swords and shields,then retreated into a hole and run out ever once in awhile to chase a car going by.
    And using this tactic keeps Calderon lined out,because he
    may believe that the feds are protecting one of his countries main sources of income.
    All those billions of dollars going to the cartels also feeds millions of Mexicans.

  8. Stephen Young says:

    If the Prop passes, and Holder lives up to his words, Obama is gonna be giving a lot of farewell kisses in 2012. California is an electoral vote treasure trove, usually reliable for the Democrats – but, if the administration decides to alienate every voter in the state by more or less nullifying all ballots cast in the initiative, I have a feeling there there will be a backlash. Add that to the general disillusionment with Obama that is likely to continue over the next two years and you’ve got a recipe for a Republican administration in 2012. I just hope it’s Gary Johnson.

  9. darkcycle says:

    Yeah. Mr Holder, Do THAT. Take all your desperately thin federal resources and put them into Cali. Put armed federal troops (or federal police, as there is no longer a difference) into California, and use them to crack down on the most populous State in America. Send them in with the job of suppressing the will of the people of California as expressed by popular referendum and then sit back and watch what happens.
    The Obama’s will need moving boxes delivered to 1600 Pennsylvania Avenue, and they will need them by January, 2013.
    Mr. Holder, one more thing; ‘bluffing’ successfully in poker requires that the other players in the game are ignorant of what you hold in your hand. I won’t work if everybody knows the cards you hold. So before you try to push this bluff of yours, realize that in the process you will be destroying actual people with actual lives.

  10. claygooding says:

    Darkcycle,if they cared how many lives they ruined needlessly we would not be at this impasse.
    They created this whole mess. And we are paying for it.
    I wonder what the next budget hearing for the ONDCP will sound like?

  11. ezrydn says:

    In a swift moment, President Obama, via AG Holder, slashed the throat of every Democrat running for office, this year and in 2012. Where’s Holder going to get all that YEN to turn California into a Penal Colony? China won’t give us any more.

    In 1968, The front page of the LA Free Press listed the name, address and phone number of all the narcs in Los Angeles. We need a hacker to do the same for us in California.

    And to think, a piece of legislative paper TRUMPS the US Constitution. Who’d a thunk? President Obama’s Bright and Shining Lie will be recorded as “Change begins from the bottom up.” Democrats won’t have a chance for years to come if Holder stands true to his vow to the ONDCP9. Democrats will become a defunct party that no one will listen to. First, Janet decided that, due to my being a combat vet, I’m a terrorist, due to what Unkle Sugarista taught me. Now, Holder has decided that my voting style makes me a criminal.

    And you guys ask me why I moved to Mexico. Do I need to paint a picture?

    It’ll be good to see the socio-communists get the hell out of “our House!” And that time is getting closer and closer. Why not just outlaw voting and set himself up as Dictator?

    I can see this headed to SCOTUS real quick. And I’ll give all I can to help the cause. Gonna vote Democratic? It’s called “guilt by association.”

  12. ezrydn says:

    The unfortunate part is people are looking at this via tunnel vision and only seeing “drugs.” Expand your minds and look at the other ramifications that could come from it.

    Holder is interfereing with a state’s right to vote by harrassing and threatening the People solely on how they decide to vote. That’s the new Democratic way.

  13. darkcycle says:

    I mean, and this isn’t a rhetorical question, could they possibly be that stupid?
    This part is rhetorical: When Obama was elected, a bare two years ago and after the reign of King George the II, I wasn’t sure what to expect. I knew he was no liberal, and his speeches were a bit misleading (I have watched Barry for awhile now) but I never expected THIS. While I knew he would likely prove to be far to the right of the image he projected in the election, he struck me as overall, extremely competant. He has immolated himself. He set himself on fire.
    The base that elected him isn’t going to show (including me) next time around with the flood of two-hundred dollar donations. He THOUGHT the corporate structure would come around when they found out how cozy he could be with them. They won’t. They are benefiting from the deals he’s making for them even while they pour BILLIONS into defeating him and his party.
    This is like the guy who finds out that he’s the fall guy for the mob for some crime, and goes along with it, thinking it’s his ‘way in’. It’s just pathetic.

  14. RossB says:

    I’m furious right now. If you think I’m angry, my guess is there are a bunch of people in Obama’s White House that are even more pissed. We are a month away from an enormously important election, where (according to the polls) there are dozens of close House races and a huge number of close Senate races. In short, everything that Obama wants to accomplish rests on what happens in the next month, and Holder says THIS! Jesus, what a moron. Never mind that he is wrong — that it is bad, asinine policy. Just shut the F*** up, for God’s sake! Make the same statement a month from now, and Obama can fire your ass. He can’t do it now, because that would add to the flames. One of the great fears of this administration is that folks who voted for “Change”, who voted for this smart, reasonable, clear thinking guy, will just stay home. They will cynically believe that nothing changes. Now, this (along with the decision to appeal the “Don’t Ask, Don’t Tell” decision) just makes the the cynics more cynical. Somewhere in California, there is a voter who was going to vote for the initiative and vote for Boxer, but he/she will just stay home. Worse yet, he/she will vote for the initiative, but vote for Fiorina, just out of spite for the Democratic party. Holder is lucky that Boxer is probably in California right now, otherwise, she would live up to her surname, and beat the crap out of that guy. Instead, she has to figure out what to do about this, she has to respond, quickly, to save her job. If she loses it, it’s on your head, Mr. Holder.

    Oh yeah, one more thing to add to my rant. Would you have jailed a young Barack Obama, Mr. Holder? Back in the day, he didn’t just inhale, he inhaled, held it, then blew it out. He probably helped other guys (young adults, mind you) get the weed (thus committing a bigger felony). If you think Cannabis ruined his life, then how do you explain him holding the most important job of the mother fu**ing planet. Would you, back in the day, have jailed his ass — cut off his student loans, cut off any chance for this working class guy to get ahead, stuck him in a cell to hang out with murderers, thieves and rapists so that he could become just another black guy with a record? Would you, Eric? Would you?

  15. Mike R says:

    This guy is a Nazi.

  16. darkcycle says:

    @Ross. Yes, he would have. And with extra effort and extra penalties. Because Obama was a black kid in a city.

  17. claygooding says:

    I see only one move from Obama that would turn his support around,,,,,the rescheduling of cannabis to any other classification would shut down the AG and law enforcement
    machine. It is about the only defensive move he can make.
    That or out and out decriminalization at the federal level.
    They have painted themselves into a corner,as Pete and several other advocates here have pointed out since Prop 19 was published,and the corner they are standing in is getting smaller,every day.

  18. claygooding says:

    @Ross,what makes you think Eric Holder didn’t inhale and hold?

    !0,000 comments in less than 8 hours at Huffington Post,and of the too many I read,no support for Eric.
    One of the few supporters said Eric was just doing his job.

  19. jhelion says:

    Our own Malcolm Kyle getting kudos for his comments at salem-news.com
    http://www.salem-news.com/articles/october152010/marijuana-studiesbk.php

    excellent work, Malcolm!

  20. darkcycle says:

    Heh, heh, heh. Go Malcolm!

  21. claygooding says:

    Excellent article Kyle,especially the research links.

  22. the guy is only doing his job, which in case it escapes any one, is to enforce federal laws.

    the reality of the situation, though, is that he won’t have to arrest a single person in california to make the mess that’s on the way.

    it’s your doctors, employers and insurance companies who hold the trump cards. and they intend to play them.

    the plan is spelled out fairly clearly on page one of the latest ndcs — the new weapon of choice in the war is not bullets and battering rams, it’s the cotton swab.

  23. Duncan20903 says:

    Hopefully the people of California will have the good sense to say to the Federales, “come on down and make yourselves happy.”

    I’d think this could be a major gaffe by the Feds. There are an awful lot of voters who would cast a no vote because they had been worried about cannabis users ‘getting away with it’. Now they have been reassured that the potheads will still get arrested, and it will be done with Federal money rather than California money so it helps the state budget. The only problem with this theory is that it takes a rational thought process to understand, and I’m not sure any know nothings are capable of doing that.

    We could really play this angle for all that it’s worth. “Vote yes on Prop 19 to save the State budget the expense. We’ve been reassured by the Feds that the potheads will still be put in prison. Heck, we can even play up the fact that petty possession of cannabis carries a possible jail sentence and a substantial fine in the Federal code. If they vote down Prop 19 those same people will only be at risk for a hundred dollar fine.

    I’ve found amusing the know nothings that invoke the newly identified piece of fallacious logic, the appeal to the children fallacy. If Prop 19 passes the penalty for selling to underaged consumers will have an enhanced penalty so they’re actually lobbying for dealers that sell to children to suffer a lower penalty. Amazing, ain’t it? Potheads in Calvina’s bed, know nothings arguing against tougher laws for selling narcotics to children, my god this controversy brings the old saw that politics makes strange bedfellows to life.

    Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. Not all marijuana convictions require jail time under federal sentencing guidelines, but all are eligible for imprisonment. If convicted and sentenced to jail, a minimum of 85% of that sentence must be served.

    http://www.safeaccessnow.org/article.php?id=2638

    ——————————————————————————————————————
    BuelahMan said: —“I wonder where all the state’s rights advocates are?”—

    They are at the state polling locations voting for or against Prop 19.

    There’s no issue of State’s rights here as Holder is as much as saying that they won’t be trying to overturn Prop 19. California has a right to pass Prop 19 into law, and the Feds have Constitutional authority to enforce Federal law in any of the various states, districts, and territories of the United States and in foreign countries as well if they say they have that right. One can wax philosophical about whether the US Constitution assigns them the job in this specific matter, and it can certainly be argues that Wickard v Filburn and Raich v Gonzales were decided on the parts of the Constitution written in invisible ink but the SCOTUS has ruled so it really doesn’t matter.

    Go Google “dual sovereignty” to gain a better understanding of what’s going on with this controversy.
    ——————————————————————————————————————
    clay, cocaine, PCP and methamphetamine, and Oxycontin are all Federal schedule 2 drugs and they seem able enough to prosecute the fans of those drugs. The Feds fined the company that makes Oxycontin approaching a billion dollars, and it was a felony criminal action.

    Under the settlement, Purdue pleaded guilty to one felony count of fraudulently misbranding a drug. The company will pay $600 million in fines, including $160 million to state and federal health care programs and $130 million to resolve private lawsuits now pending (Los Angeles Times, 5/11). Purdue CEO Michael Friedman, general counsel Howard Udell and former Chief Scientific Officer Paul Goldenheim each will pay a fine ranging from $7.5 million to $19 million. Friedman, Udell and Goldenheim will not serve jail time (Wall Street Journal, 5/11).

    http://www.medicalnewstoday.com/articles/70753.php

  24. claygooding says:

    Duncan,the difference between the other drugs you mention is that if marijuana were schedule 2,the government would no longer be able to stop the clinical testing of marijuana or furnishing the marijuana for the tests. They lose control of the studies that will disprove all their harm studies and show the medical efficacy of
    marijuana.
    How long do you think they could keep marijuana illegal if it was not schedule 1?

  25. Craig B says:

    New York picked the same fight with the federal government during alcohol prohibition, so the precedent has been set. This is from a friend of mine named Michael:

    In May of 1923 the New York state Legislature repealed the Mullan-Gage Act.

    The repeal of that law was a sign to the federal government that New York state’s 25,000 state and local law enforcement officers would no longer enforce the federal statue regarding the prohibition of alcohol within its borders.

    It was then left to the 225 federal officers in the state to enforce the federal law on prohibition.

    The bill was signed on June 1, 1923 by Gov. Al Smith.

  26. Just me. says:

    What part of”Our drug policies are working” doesnt Holder and the rest of these flunkies get?Oh let me guess, this will give them a reason to hire thousands more DEA and other fed agents and expand their influence over freedom and WE THE PEOPLE. So Mr. Holder, are you really going to attck the people of CAli? Thats what you statement says, your going to attack the will of the california people.

    Mr. Holder, It was Thomas Jefferson that said:
    Democracy is 51% of the people taking away the rights of the other 49%.
    Thomas Jefferson (1743 – 1826)

    In the case of prop 19 , it will be 51% of the people REGAINING RIGHTS. You on the hill love the Idea you can remove our rights in your democrasy but, if 51% of the people are regaining rights , you decide you will attck us. Well screw you, this isnt the only ‘attack’ we will launch upon your democracy, for this will be a republic again.
    “Republic . . .
    it means people can live free,
    talk free, go or come, buy or sell,
    be drunk or sober, however they choose.”
    ~ John Wayne

    So Holder…Is the Duke wrong?

    @WyldPirate,
    Thanks for the dierctness, they are absolutely F-ing worthless, F-ing stupid or F-ing greedy or all of the above.

  27. Common Science says:

    It “is a very tough-sounding statement that the attorney general has issued, but it’s more bark than bite,” Mikos said.

    From the Attorney General down to the County mounties, their regurgitated bluster purporting a call to arms against a harmless vice, is not meted out with any concern for our amusement. Their ‘preaching to the choir’ is an effective tactic aimed at the people who haven’t yet figured out what’s going on. The faithful consensus continuously expresses objective servitude upon hearing from authoritarians that police power and resources are at the ready to keep them safe, as long as they are willing to relinquishing petty rights of the feared, for the mirage of personal security.

    “The size of the lie is a definite factor in causing it to be believed, for the vast masses of the nation are, in the depths of their hearts, more easily deceived than they are consciously and intentionally bad. The primitive simplicity of their minds renders them a more easy prey to a big lie than a small one, for they themselves often tell little lies but would be ashamed to tell a big one.”

    -Benito Mussolini
    London Sunday Express
    December 8, 1935

  28. jonb says:

    For those saying we would vote them out if they go after everyone. My concern with that is the Federal election wont allow convicted persons to vote, so I am not sure that would stop them. I believe California would have to assert their 9th and 10th Ammendment rights and start arresting the Federal Agents who violate the State Law.
    That is the only way we will stop this Federal Govt. is by electing People at the State level that are against this overbearing Federal Govt. Everyone is to focused on the people we send to Washington DC, we need to get our Individual States back in our hands first. The Federal Govt. receives its power from the States not the other way around. Read The Constitution!!!

  29. Ron Combs says:

    Right now our politicians are in the buisness of selling their autographs to the highest bidder.And until we change that,We The People are fucked.

  30. Rob says:

    This is the problem why this country is the way it is, “The Politicians” and the “Government” knows exactly whats best for us, well then what do we vote for if the people dont have a voice then the government should just take get rid of voting. So your gonna tell me that a bunch of 75+ year old politicians , that sit around know whats better for the people that live and work on the streets of every day life.

  31. Guy#1 says:

    BS, all talk, typical of this administration.

  32. vicky vampire says:

    Hmm,I thought the Dems were the compassionate and tolerant party huh Attorney General Holder Huh Huh HUH huh idiot get with the program people. Oh don’tI vagely remeber something in the news about voter intimidation at the polls involving clubs and black panther group hmm you were not not that interested in that were you Gen Holder but little old pot smokers sitting around enjoying their lives and taking care of pain that has your pantys in a wad get your priorities in order sir.

  33. garrettt says:

    There needs to be mass protest and civil disobedience on a grand scale if the feds try to start coming in and arresting the good citizens of Cali for following state law. If everyone and their grandma disobeys the unjust law eventually they will come to a realization that they cannot enforce these unjust and archaic laws.

  34. claygooding says:

    “”However, here’s what is noteworthy. Despite the claims of various Prop. 19 opponents that the measure is in ‘direct conflict‘ with federal law or is somehow ‘unconstitutional‘ and would thus be ‘preempted’ by the Feds, at no time today did the federal government challenge the fact that Californians have the legal right to determine their own marijuana policies. Rather, the federal government simply reinforced that they remain of the opinion that marijuana ought to be criminally outlawed — a position that is out-of-step with the American public’s sentiment.

    Furthermore, Californians have been here before, and not just in 1996. Seventy-eight years ago this November, Californians overwhelmingly voted for the repeal of a morally, socially, and economically failed public policy – alcohol prohibition. Voters did not wait for the federal government to act; they took the matter into their own hands. And they will do so again this November.”” Paul Armentano, NORML Deputy Director

  35. frijoles jr says:

    Sounds like a dare to me

  36. Dee says:

    Obviously…”We The People” no longer means anything.

  37. Just me. says:

    “Shall I tell you what the real evil is? To cringe to the things that are called evils, to surrender to them our freedom, in defiance of which we ought to face any suffering.”
    — Lucius Annaeus Seneca, c. 4 BC – 65 AD

    How can Holder or any politician ignore thier concience(if they have one) and not change this law? Why , because a peice of white paper says so? They chould be helping us change these laws . Instead they walk against BLINDING truth.

  38. fixitman says:

    I’m often baffled by the logic and decisions of the prohibitionists….so this move by the AG is just more of the same. WTF were you thinking Mr. Holder?

    The article in the Salem News is brilliant! Thank you M Kyle!

    Nothing to do w/the AG’s announcement but one of the prohibitionist “arguments” that keeps showing up in comments sections that has really begun to bother me is “legalization will reduce productivity”. I personally am not a poster child for a cannabis user that gets things done. It seems possible to make the case that there will be some loss of individual productivity with the use of cannabis. But to make the case for a loss in general productivity you have to include the 800,000 plus people per year that are convicted for drug crimes and of course the lawyers, judges and other court employees. If you are cynical enough to include the “production” that the private prisons are making on the (I want to say slave, but) indentured servitude of those “in their care,” and willing to believe that those same people would have contributed nothing if they weren’t incarcerated, then and only then can you make the case that legalization will cause a lose of productivity.
    Yes I know I’m preaching to the choir here. I just needed to put in in writing to help me think it through and perhaps get some feedback.
    Thanks Pete for setting up this place for us to gather.
    Thanks all you war on the war on drugs warriors keep up the good work we are on the “right” side of this battle but it isn’t going to be easy. Passage of Prop 19 is a huge step. California residents take everyone you can to the polls.
    Peace

  39. Dano says:

    While disappointing, politically I really don’t expect the administration to say anything other than what Holder has released. Obama is trying to play just about everything safe in the political world, at least until after this election. Don’t give the Republicans any fuel for propaganda seems to be their mindset.

    We’ll see what kind of action really happens if Prop 19 passes. I’d expect to see a few show prosecutions from time to time unless we can get Congress to take up the cause. Not unlike the current stance on medical marijuana.

    Los Angeles Sheriff, Baca, has already stated that no matter what happens with Prop 19 he sees the law as unconstitutional and will continue to enforce marijuana laws. Rather strange thing to say, since if it passes the state criminal law will cease to exist, and he won’t have that to arrest anyone on.

    I think we are going to see alot of veiled threats over the next couple of weeks in an attempt to keep the status quo.

  40. Cobb says:

    I wonder if the heads in government actually believe the politics they impose or if they are just being instructed by their corporates masters in order to make the USA a fascist state of status-quo preservation, this decisions are inhuman and in the future this kind of imposed politic system will be remembered like it is, a prison state, the corporatocracy controlling the USA is making the institutions a war-mongering human-consuming money-hungry cannibal monstruosity of global reach. This is not conspiracy anymore, these are facts and you people start waking up and direct your attention to this issue. PLEASE PLEASE understand, CHANGE means not FUCKING going anymore against pot smokers, CHANGE is not keep enforcing a fascist law. WAKE UP.

  41. Das Kapital says:

    Sure when you have other people’s money the supply is endless. How is that hopey changey workin’ out for everyone? Hopey changey? They let 12 year olds vote?

  42. David Marsh says:

    No matter what you may think Mr. Holder is not stupid. What he said and who he said it to is important. He used the phrases “significant impediment” and “significantly undermine”. Why?

    In Raich v Gonzales they used Perez v. United States to (regulate purely local activities that are part of an economic “class of activities”) and Wickard v. Filburn to (regulate purely intrastate activity that is not itself “commercial”) and established the validity of the use of the commerce clause to enforce the CSA.

    GONZALES v. OREGON however found that the DOJ could not use the CSA to interfere in a States right to establish “accepted medical use” in this case, assisted suicide.

    Why did DOJ back off enforcement on Dispensaries that operated within state law? Now DOJ is threatening recreational enforcement. Why? Because they CAN enforce recreational and CAN NOT enforce medical.

    I think Holder is setting up for a recreational court challenge.( “significant impediment” and “significantly undermine”) He might win, in Wickard v. Filburn they told a farmer he could not grow wheat for his own consumption because it effected the whole wheat market. It may not be right, but it is the law.

    I also think it is just a distraction. He is baiting the reform movement to challenge Federal resistance on 19. The CSA is vulnerable not to a recreational challenge but to a medical challenge. Resistance to 19 is a delay tactic and an attempt to derail Medical States from petitioning DEA for cannabis rescheduling. “Accepted Medical Use” is a major criteria in the CSA and within a state’s right to determine. Once Schedule I is challenged and the eight part test is engaged, who knows, out of the CSA and DEA authority and over to ATF where it belongs!

    This is the real fight fells, DEA vs. ATF. Real tax and regulate not state hodge podge. Brewing English ale and growing sour diesel at home, that’s what I’m talking about!

    Don’t get mad, get even. Vote, force his hand. Prop 19 only changes State law. What we ALL need is Federal to change! And it starts with the pressure of 19 and ends with out of the CSA, by their own rules, passin the eight part test.

  43. Civil War version 2.0 says:

    Black panther party members in Cali will be allowed to partake. Hee hee *giggle*

  44. Just me. says:

    Fixitman said:” prohibitionist “arguments” that keeps showing up in comments sections that has really begun to bother me is “legalization will reduce productivity”. I personally am not a poster child for a cannabis user that gets things done. It seems possible to make the case that there will be some loss of individual productivity with the use of cannabis.”

    What I want to know fixitman is why they think its up to them when it comes to ‘Productivity’. If its your personal life, you can be as lazy and unproductive as you want. Its no ones buisness but yours. Thats the great thing about freedom, its YOUR choice. If its about worker productivity, if and employee is lazy and unproductive…so freaking what. The employer has the ability to FIRE that lazy ass! If you havent noticed MR.Holder…there is this thing called high unemployment. That means lots of people willing to get up off their ass and do the job and ‘unproductive’ worker is unable to do.

    ITS NOT YOUR BUISNESS TO REGULATE OUR PRODUCTIVITY ! We are not slaves.

  45. darkcycle says:

    David, well argued. The sticky part comes not with the Fed’s ability to go after recreational users legally under federal law. You are likely right on with that, although it may depend more upon the Judge who hears the case. Where the feds run afoul is with the reality on the ground, their physical ability to go after recreational users (there aren’t enough officers do make more than a token effort), and the political climate in the United States at this time.
    Holder is a law enforcemnt officer second and a political appointee/hack first. He also understands the concept of prosecutorial discretion very well (eg; don’t pick a fight that you don’t want to have).
    Obama is a first term President with substantial problems on both of his political flanks. IF he picks this fight, and pushes federal power (a second priority, but currently second to re-election) he will with little doubt lose in his re-election bid, as this will cost him California. If he really wants this fight, he wants it after the 2012 general.
    If as you imply in your response above, Obama really does want to use this to push Federal police powers further, and establish a federal precedent for enforcement of the CSA on the ground, he doesn’t really need to go through any of that. He has that power. Through the FBI.
    And as I understand it, only congress can re-schedule a substance. Courts would have to overturn Congress’ authority to controll medicine by legislation to monkey with the CSA. I might be wrong (anybody?)

  46. ezrydn says:

    “Status Quo” is that gun barrel held to the back of your head.

  47. strayan says:

    Has everyone watched the test case series of videos posted by the Voluntary Committee of Lawyers on Marijuana & Federalism and the Prop. 19 Legal Issues?

    http://www.youtube.com/watch?v=vvCE272WR-E

  48. claygooding says:

    These may help clear the fog,,,,,or thicken it.

    Marijuana & Federalism:Prop. 19 Legal Issues

    http://www.youtube.com/user/RachelVCL

    There are about a dozen 12-15 minute segments on federal
    issues an Prop 19

  49. Servetus says:

    An Americans for Safe Access lawsuit to address the federal Schedule 1 cannabis ranking has been rejected by the 9th Circuit appeals court. The reason? Because this is how the federal government operates:

    ” …the lawsuit was premature because the government is still pondering the 8-year-old request. The agency has not yet taken a final action that can be challenged in court, the three-judge panel said.”

    http://www.commondreams.org/headline/2010/10/16-2

  50. Duncan20903 says:

    I have been informed that should Prop 19 pass everyone in the country will start enjoying cannabis. If this law changes even Calvina’s wicked witchcraft will be overwhelmed. Tommy Chong will not only be elected California Governor, he’ll be elected POTUS as well. But I’ve saved the most heinous part for last. If this social catastrophe comes to fruition we’re going to see “The Star Spangled Banner” by Francis Scott Key replaced as our National Anthem with Bob Dylan’s “Rainy Day Women #12 and 35.” For those unfamiliar with our new National Anthem here is a link to Youtube where some degenerate pothead named Jimmy Buffet performs the song in concert:

    http://www.youtube.com/watch?v=bQUEWcNy2HU
    ——————————————————————————————————————
    Someone finally suggested a court action against Prop 19 by Federal authorities that seems that it could have legs.

    Presumably the Justice Department would ask for an injunction barring any California official from issuing a license – in effect, a license to commit a federal felony – under Prop. 19, and I expect that the courts would issue such an injunction. Even if no injunction issued, any grower or retailer who filed California tax or regulatory paperwork would be confessing to a federal felony.

    http://tinyurl.com/23czp67

    He is incorrect about the regulatory paperwork. The CBOE just wants to collect the money due from sales & use taxes and have acknowledged that filling out a form specifically stating that the vendor is committing actions which under the Federal code are felonies would be a confession, so they only require Cannabis vendors to submit the most general of information, such as stating that their business is selling herbs, it’s perfectly legal to open a retail herbalist outlet. That’s why the accurate statement about 2009 sales tax receipts is between $50 million and $100 million. I’m actually a little annoyed with Dale Gieringer representing it at $100 million. The figures of $50 million and $100 million are almost certainly two specific sums of money that were not the actual sales tax receipts receipts.

    …the board doesn’t have more precise figures because dispensaries are not required to report the exact business they are in. Their taxes come in under several categories of business like “retail” and “pharmacy,”

    http://tinyurl.com/3855fft

    Did you know that there are a lot of professional criminals that do pay income tax. There’s even a CPA blessed method of declaring ill got gain on your 1040.

    Enter your receipts on Schedule C and label them as “I am under the protection of the 5th amendment to the United States.”

    We’re entering the deductions next, label them the same ‘under 5th protection.’

    Don’t be stupid and decide to enter a significant amount of deductions. The point here is to actually pay some income tax. You defeat the purpose of the entire exercise unless you do so. Remember that cost of goods sold is practically the only deduction you’re entitled to take, so you’ll want to set up your retirement accounts as Roths.

    Write the Treasury a check and mail it off.

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