The time has come for California to exercise its 10th Amendment rights and Opt Out of the Controlled Substances Act. by Steve Kubby
(libertarian)
Sunday, October 9, 2011
“Under United States law, a dispensary’s operations involving sales and distribution of marijuana are illegal and subject to criminal prosecution and civil enforcement actions. Real and personal property involved in such operations are subject to seizure by and forfeiture to the United States … regardless of the purported purpose of the dispensary.” –U.S. Attorney Laura Duffy, San Diego
The United States government has just declared war on medical cannabis, throwing nearly everyone in the cannabis movement into a panic and with good reason. Even those with years of unblemished operations, including some of our finest and most respected MCDs, are being targeted. According to the latest proclamation from the Bluecoats, "Nobody is immune."
Our campaign team saw this coming when Bush holdover, Michele Leonhart, boasted she would ignore the administration’s formal medical marijuana guidelines, but was still appointed to head the DEA. As a result, our campaign team carefully crafted a revolutionary new voter initiative that will legally allow California toOpt Out of the Controlled Substances Act. Of course, the Feds can challenge our voter initiative once it passes, but we believe we have the necessary legal tools within this initiative to defeat them.
When the Obama Administration announced their drug war budget for 2011 was going to be bigger than last year, despite the severe cuts being forced upon all other government agencies, it became clear that funding for a major offensive was on its way. Likewise, on October 3rd, when the Justice Department announced $72 million in grants awarded for 182 narcotics officers to be hired in California, we knew the offensive was imminent.
Now that war has come, we are not surprised and our campaign team is ready, willing and able to execute our plan to qualify Regulate Marijuana Like Wine for the 2012 ballot. Meanwhile, most of our fellow activists did NOT see this coming and are in shock that they have been so completely betrayed by this President. Everyone agrees on one thing, this is serious, unprecedented and a battle we cannot afford to lose.
NORML has posted an inspired call for full legalization, but given that Legalization is currently polling at 46% in California, this is hardly a viable plan. In contrast, a poll by the Economist magazine shows 62% support for Regulation instead.
Activists have called for demonstrations, letters, federal legislation and acts of civil disobedience, but that has not worked in the past and there is no reason to believe it will work in the future.
Our major reform organizations are attempting to embarrass Obama into reversing his position, but this lame duck President has long since lost the ability to command anyone to do anything. So focusing on Obama is probably an exercise in futility.
September 30th was the last day to file an initiative for the 2012 California ballot. Two other initiatives have been filed, but both appear to be flawed. The Repeal Cannabis Prohibition Act, which I have publicly supported, received their Title and Summary on October 3rd, but they previously refiled a modified version of their initiative on September 30th. For reasons we do not understand, both versions of their initiative failed to include 11999 H&S and is already raising serious questions. Fortunately, the Regulate Marijuana Like Wine Act includes this statute in our list of laws repealed. The other initiative, The Marijuana Penalties Act, decriminalizes two ounces for cultivation, which is worthless, since one plant can easily exceed this amount. This Act also appears to raise the current $100 fine for possession of one ounce to $250.
Right now, a lot of MCDs and growers are worried about the 45 day ultimatum they are facing. A few MCDs and growers have already contacted us and we are providing specific confidential information to help protect them. For example, we tell them to delay any state prosecution against them until Nov. 7, 2012, when the RMLW Act will require the state to dismiss these cases, with prejudice, meaning the state has to drop it for good.
Together we can and will defeat these Federal bullies and their cowardly new war against everything this great country was founded upon. Truly, the most patriotic thing any of us can do is to join together and use the voter initiative process to authorize California to Opt Out of the CSA.
The road ahead may be difficult and even dangerous, but we have the right plan, the right initiative, and the right moment in history to succeed.
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Posted By: adaptune
Date: October 10, 2011 12:27:09 PM
So focusing on Obama is probably an exercise in futility.
Focusing on anything related to the political process is an exercise in futility! When the government starts yanking people out of their homes and disappearing them, will Kubby write a sternly-worded column about how we need to get a ballot initiative going? What nonsense!
The government is already illegitimate. Those of us who are unwilling to give up essential freedoms without a fight know that more basic actions will be necessary to keep what we've got and re-establish what has already been taken.
Mere babbling about ballots is the height of pointlessness.
Posted By: Bill Gee
Date: October 11, 2011 10:28:50 AM
To adaptune -
In principle I agree with you, but it is still important that activists pursue all legal channels available to them, including California's ballot initiative. If nothing else, it provides political legitimacy of the position of the voters in California, which will generate sympathy of voters in other states. Should the Federal Government succeed in shutting down what is essentially an Intra-state issue, then they would have overstepped their authority and the movement will have the legal backing it needs to take it to the Supreme Court. While you may believe the High Court may choose to side with the DEA on this one, history has shown that when clear legal lines have been drawn to show this as a state, not a federal issue, the Court tends to side with the state.
Posted By: Terry Hurlbut
Date: October 13, 2011 07:16:27 PM
That position has a problem. California is a liberal State. The only reason that they permit any sort of drug use is that the authorities did it themselves and want to reach out to the regular users for votes for some decidedly unlibertarian things.
If California had a libertarian population, then a 10th-Amendment-based lawsuit by them would be consistent and credible.
As is, they would be nothing more than hypocrites. They support ObamaCare, for example. Any State that would continue to send liberal-statists like Barbara Boxer to the Senate is suspect in my book. And any city (specifically, San Francisco) who would send an out-and-out statist like Nancy Pelosi to the House of Representatives is beyond the pale.
