state law
Attorney General Eric Holder provides Update and further Confusion on Medical Marijuana
In the wake of the recent federal raids that have shaken the medical marijuana industry, many have been expecting legal answers. Will the raids continue in California? Does this signal a shift in President Obama’s medical marijuana policy? Analysts were sure that either the president or attorney general would be engaging America directly and explaining what can be construed as a change in policy.
Unfortunately, Attorney General Eric Holder only added to the confusion in a recent session of the House Judiciary Committee. Representative Jared Polis (D-CO), concerned over rumors of upcoming raids in his state, tried to get Mr. Holder to clarify the White House’s stance on medical cannabis. Holder stated that those who comply with state marijuana laws “should not be an enforcement priority.” He also went on to say “If in fact people are not using the policy decision that we have made to use marijuana in a way that’s not consistent with the state statute, we will not use our limited resources in that way.” For advocates this may sound like the worst is behind them but these statements do not seem very different than Mr. Holder’s 2009 statements, which certainly did not protect against federal raids.
While there is no legal clarity presented to the public with Holder’s statements, like most legally savvy individuals who appear regularly in the media, all statements seem to have an escape clause. The attorney general makes sure to use terms like “priority” and “limited resources”. Both of these terms seem flexible and subject to change. Additionally, previous statements of this nature did nothing in preventing California federal raids. The White House seems to want everyone to know that they do not want to step on state law. Such an accusation during an election year may not serve the Obama administration well. Of course, it only makes the water more murky as we ask why are federal agents raiding establishments who are in compliance with state law, especially a state law that does not agree with federal law? Is it not true that this whole issue stems from Federal law outweighing state law? But November 2012 is not far away so such double speak is to be expected.
The recent session of the House Judiciary Committee could have provided answers, but this administration seems to thrive under a confused legal situation. With a chance to reclassify marijuana as a schedule II drug and put an end to the guessing game, our government instead opted to sit on the fence and keep everyone on their toes. Mr. Holder may get his chance to see his statements at work. If they respect state law so much we will see if they move forward with the proposed raids in Colorado. Colorado has the tightest and most regulated medical marijuana program, so respecting state law in this case may be to just simply walk away.
Federal Attack on Marijuana has Market Impact
In another shocking development, the us government has proven that they’re novice at predicting how their actions will modify the economy. Although this might be a tale with a, medicinal marijuana costs are increasing as a direct consequence from the recent Federal raids. For a lot of patients, it is really an unfortunate development. Most People in america happen to be feeling the economical crunch, and already cash strapped patients trying to alleviate discomfort may have to find away out to stretch the dollar further.
Reviews indicate that the us government was lately focusing on shops in breach of Proposition 215 and California condition law. Since California made medicinal marijuana legal under condition law in 1996, patients happen to be treated to some steady reduction in prices. Large growing procedures were now allowed and didn’t require secrecy. The quantity of cannabis available clearly has jumped, so far. Tommy LaNier, director from the National Marijuana Initiative, place it very candidly and mentioned “Supply is lower, so costs are up.”
The Us Government has every to enforce its laws and regulations nevertheless its conflicting message makes existence hard for patients. Leader Obama and Attorney General Eric Holder have mentioned that they don’t aim to target legitimate medicinal marijuana patients. This might actually be true, however the recent raids appear to contradict this. Everyone knows that particular shops aren’t putting patient concerns first and possibly they must be shut lower. However, rather than a business shakeup they might used less dramatic techniques from the companies. An extended phase out process might have saved stress and cash for battling patients. Farmers indicate that lots of strains will rise around $2,000-$2500 per lb.
Because the year in politics has proven, our government is effective in disregarding long-term economic factors. Many sick patients discovered hard method in which their supply of medication was shut lower, as well as once they situated another facility it might be costing them more income. If the us government made the decision to acknowledge medical marijuana’s value and controlled it, they might get rid of the speculating game making existence simpler on already battling patients.
Arizona Governor Jan Maker told to obtain from the Fence on Medicinal Marijuana Problem
The title want to know , states quite a bit concerning the condition of yankee politics. Arizona, who is known recently to enact questionable legislation, finds itself in the center of another fight between condition and federal law. This past year Arizona approved Proposition 203, making medicinal marijuana use legal for individuals with being approved health problems.
Up to now, no patients have obtained any medical cannabis as experts have accused Governor Jan Maker of dragging her ft. In May of 2011, Ms. Maker filed a suit using the Department of Justice in an effort to block the outlet of 100 shops. Experts have accused the Governor of supplying conflicting claims whether or otherwise she supports Proposition 203. U.S. District Court Judge Susan Bolton agreed and told Governor “That’s how legal cases work, “the complaintant requires a position.” Justice Bolton also added “I am accustomed to getting the complaintant in opposition to the defendant,” and “You need to advocate for either, and you are not promoting for either.” Bolton has made the decision to obstruct her ultimate decision before the condition takes the official position. Governor Maker has stated she’s attempting to determine whether condition employees could be liable under federal law when the medicinal marijuana program progresses.
There has been many choices showing up in the tumble clean in our 24-hour news cycle that seem to be politically motivated. In the debt debacle (2x now), campaigns for 2012 and Governor Jan Maker, we view a lot political posturing leading to precious legislative time lost. Ms. Maker clearly doesn’t support medicinal marijuana but finds herself within an uncomfortable situation because the ballot initiative labored and clearly has got the support with a minimum of half her condition. Proposition 203 is becoming law and despite exactly what the Governor thinks personally, it’s her duty to determine what the law states completed. The fallout from proposition 203 has triggered some political experts also to question certainly one of Jan Brewer’s cornerstone positions.
Maker has championed the questionable Arizona Senate Bill 1070, a change from the states immigration law that needs cops to find out a person’s residency status if there’s reason to think they’re illegal aliens. Many have cautioned about racial profiling caused by this legislation. She mentioned that they thinks in condition privileges even when they’re going against federal law. This appears to place her inside a conflicting position. Governor Maker brought the charge if this found rallying against Federal immigration law. However, her claim of supporting condition laws and regulations is nowhere found as she seeks the aid of the us government to explain if she will support condition law for Arizona’s medicinal marijuana program. Is she also concerned about her cops being charged with repel Federal law while profiling immigrants? Obviously at this time, as U.S. Justice Bolton has came to the conclusion, we actually only need her administration to face behind the right podium within the court docket.
La City Councilman Proposes Prohibit on Marijuana Shops
Like a nation it seems we’re very unclear about what we should want legally. Political figures always appear to be a re-election campaign and don’t desire to join the countless unemployed People in america. They want to do something and grab head lines and put their mark on any political situation.
The protections granted to citizens of California through the 1996 Compassionate Use Act might be in danger. Also called Proposition 215, this law guaranteed marijuana’s safe use of patients. Councilman Jose Huizar features a motion to prohibit all shops until condition courts can resolve the problem. Councilman Huizar feels that shops are opening their doorways throughout and also the industry may grow past the city’s control. The town should consider an accreditation process for shops. Organizations like GLACA curently have associated with shops such as the following strict recommendations and hold patient safety and also the law like a priority.
Whether it prohibit provides any legal clarification is unclear. Many agree that some shops aren’t motivated by serving patients and following rules. However, even when Councilman Huizar is attempting to repair an problem, the opportunity of extended lawsuit might just complicate matters. Mr. Huizar feels the condition needs examine laws and regulations and hang more stringent rules for shops. Wouldso would a prohibit that will face numerous legal cases provide any legal clearness? Furthermore it’s not obvious how condition courts will see the problem. Despite the fact that Federal raids appear to possess produced momentum for local political figures to enforce restrictions, a condition judge ruled 2 yrs ago that rules restricting new shops in La wasn’t valid. This doesn’t always guarantee how justices will rule later on however it does indicate at the minimum a split view within the state’s judicial people.
We’ll update this story as occasions unfold. People from around the globe have started to La looking for medical relief. Our prime density of patients will probably need to be taken into consideration. Even when the town council does enact a prohibit (it’s not obvious the way they will election) then citizens can get a lengthy and attracted out legal fight. Consequently, this may lead to no movement around the situation before the legal aspects are completed. Any prohibit might be temporary before the courts problem a binding decision. Additionally, you should be aware from the ongoing and lengthy struggle for patients regarding federal law. California is exposed to raids because federal law supersedes California condition law. Likewise, California condition law must take priority over city law. California’s marijuana law might be looking for some clarification only one statement happens to be obvious. Proposition 215 pulls no punches and it is very direct in stating an assurance for patient’s safe access.