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	<title>Comments on: Nearly 13 Years After Prop. 215, Law Enforcement Still Resists Medical Marijuana</title>
	<atom:link href="http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/feed/" rel="self" type="application/rss+xml" />
	<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/</link>
	<description>Working to reform marijuana laws</description>
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		<title>By: skip</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-62229</link>
		<dc:creator>skip</dc:creator>
		<pubDate>Wed, 18 Nov 2009 01:45:54 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-62229</guid>
		<description>To me this board is just mental masturbation, who do you think reads this crap, the cops. Gee I&#039;m a cop and now that I&#039;ve read this shit I&#039;m going to leave everybody alone now. The only road to freedom is through revolution, plane and simple. Are forefathers tried this bullshit for several hundred years and it still took bloodshed to change things, do you really believe humans are different now, come on! People who have the power, no matter what that power is will not give it up easily, just the way it is. So if your not willing to fight, please then, shut the fuck up!</description>
		<content:encoded><![CDATA[<p>To me this board is just mental masturbation, who do you think reads this crap, the cops. Gee I&#8217;m a cop and now that I&#8217;ve read this shit I&#8217;m going to leave everybody alone now. The only road to freedom is through revolution, plane and simple. Are forefathers tried this bullshit for several hundred years and it still took bloodshed to change things, do you really believe humans are different now, come on! People who have the power, no matter what that power is will not give it up easily, just the way it is. So if your not willing to fight, please then, shut the fuck up!</p>
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		<title>By: Nearly 13 Years After Prop. 215, Law Enforcement Still Resists Medical Marijuana &#124; Marijuana News Data Portal Magazine</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-52955</link>
		<dc:creator>Nearly 13 Years After Prop. 215, Law Enforcement Still Resists Medical Marijuana &#124; Marijuana News Data Portal Magazine</dc:creator>
		<pubDate>Thu, 30 Jul 2009 17:59:20 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-52955</guid>
		<description>[...] Read more &#8230;  [...]</description>
		<content:encoded><![CDATA[<p>[...] Read more &#8230;  [...]</p>
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		<title>By: Anonymous</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-51620</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Mon, 20 Jul 2009 13:35:36 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-51620</guid>
		<description>164 Neurogenesis1:29

Thanks for the info.  Good clarification.  I knew there was something deeply wrong with that grant/bribe
shit.  Good to here from you again.  You know who.</description>
		<content:encoded><![CDATA[<p>164 Neurogenesis1:29</p>
<p>Thanks for the info.  Good clarification.  I knew there was something deeply wrong with that grant/bribe<br />
shit.  Good to here from you again.  You know who.</p>
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		<title>By: NeuroGenesis1:29</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-51501</link>
		<dc:creator>NeuroGenesis1:29</dc:creator>
		<pubDate>Sun, 19 Jul 2009 15:05:51 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-51501</guid>
		<description>#163  Anonymous Says:
July 19th, 2009 at 7:11 am

&quot;Pray tell…a Byrne Grant…what the hell is that…
&lt;i&gt;a federal bribe.&lt;/i&gt;&quot; 

&lt;b&gt;RE: You could say that... 

Drug Policy Alliance article: 
&lt;a href=&quot;http://www.drugpolicy.org/drugwar/funding/&quot; rel=&quot;nofollow&quot;&gt;Drug War Funding: 
The Byrne Grant Program&lt;/a&gt;
&lt;/b&gt;
&lt;i&gt;
&quot;The Byrne Justice Assistance Grant program 
provides hundreds of millions of dollars a year 
to local and state crime prevention initiatives. 
In recent years the program has come under 
scrutiny for its role in perpetuating racial disparities, 
police corruption, and civil rights abuses. 
This is especially true when it comes to the program&#039;s 
funding of hundreds of regional anti-drug task forces across the country.....&quot;
&lt;/i&gt;</description>
		<content:encoded><![CDATA[<p>#163  Anonymous Says:<br />
July 19th, 2009 at 7:11 am</p>
<p>&#8220;Pray tell…a Byrne Grant…what the hell is that…<br />
<i>a federal bribe.</i>&#8221; </p>
<p><b>RE: You could say that&#8230; </p>
<p>Drug Policy Alliance article:<br />
<a href="http://www.drugpolicy.org/drugwar/funding/" rel="nofollow">Drug War Funding:<br />
The Byrne Grant Program</a><br />
</b><br />
<i><br />
&#8220;The Byrne Justice Assistance Grant program<br />
provides hundreds of millions of dollars a year<br />
to local and state crime prevention initiatives.<br />
In recent years the program has come under<br />
scrutiny for its role in perpetuating racial disparities,<br />
police corruption, and civil rights abuses.<br />
This is especially true when it comes to the program&#8217;s<br />
funding of hundreds of regional anti-drug task forces across the country&#8230;..&#8221;<br />
</i></p>
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		<title>By: Anonymous</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-51483</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Sun, 19 Jul 2009 12:11:07 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-51483</guid>
		<description>Pray tell...a Byrne Grant...what the hell is that...a federal bribe.  State law is &quot;the law&quot; of the state.  What are we talking about here...medicinal use...
religious use...WHAT!...because any other use is illegal. Not only does gov. have its head up its ass, it&#039;s cork-screwed up there...but...it&#039;s business as usual.</description>
		<content:encoded><![CDATA[<p>Pray tell&#8230;a Byrne Grant&#8230;what the hell is that&#8230;a federal bribe.  State law is &#8220;the law&#8221; of the state.  What are we talking about here&#8230;medicinal use&#8230;<br />
religious use&#8230;WHAT!&#8230;because any other use is illegal. Not only does gov. have its head up its ass, it&#8217;s cork-screwed up there&#8230;but&#8230;it&#8217;s business as usual.</p>
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		<title>By: Mark S.    Arcata CA</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-51447</link>
		<dc:creator>Mark S.    Arcata CA</dc:creator>
		<pubDate>Sat, 18 Jul 2009 20:58:57 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-51447</guid>
		<description>RE:
That’s how it’s supposed to be…
- However,
some departments accept federal-money,
(i.e. Byrne-Grants),
and / or are located in
highly-federalized areas of the state,
(i.e. the U.S. - Mexican border,
national-parks, etc, for example),
perceiving themselves as
more obligated to
enforce federal-law,
rather than
state-law…




It is a direct violation of the California Constitution for the police to enforce federal law over state law.</description>
		<content:encoded><![CDATA[<p>RE:<br />
That’s how it’s supposed to be…<br />
- However,<br />
some departments accept federal-money,<br />
(i.e. Byrne-Grants),<br />
and / or are located in<br />
highly-federalized areas of the state,<br />
(i.e. the U.S. &#8211; Mexican border,<br />
national-parks, etc, for example),<br />
perceiving themselves as<br />
more obligated to<br />
enforce federal-law,<br />
rather than<br />
state-law…</p>
<p>It is a direct violation of the California Constitution for the police to enforce federal law over state law.</p>
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		<title>By: Mark S.    Arcata CA</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-51446</link>
		<dc:creator>Mark S.    Arcata CA</dc:creator>
		<pubDate>Sat, 18 Jul 2009 20:49:22 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-51446</guid>
		<description>Under the latest appeals court ruling in Butte county V Butte County Superior Court, you can indeed sue the police for this very thing. It also clearly states that members may simply contribute financially, and that NO LOCAL ORDINANCE can override state law.

&quot;For Immediate Release: July 1st, 2009

Landmark Ruling Issued on Collective Cultivation of Medical Marijuana
Appellate court protects collective cultivation and affirms civil actions by patients

Sacramento, CA -- The California Third District Court of Appeal issued a landmark ruling today on the right under state law of patients to collectively cultivate. The 2-1 appellate court decision stems from the case County of Butte v. Superior Court involving a private medical marijuana collective of 7 patients in Paradise, California. The nationwide advocacy group Americans for Safe Access (ASA) filed a lawsuit in May 2006 on behalf of 56-year-old David Williams and six other collective members after a 2005 warrantless search of his home. Williams was forced by the Butte County Sheriff to uproot more than two-dozen plants or face arrest and prosecution. Contrary to state law, which allows for collective cultivation, Williams was told by the Sheriff that it was not lawful to grow collectively for multiple patients.

&quot;This ruling by the California Courts sends yet another strong message to state law enforcement that they must abide by the medical marijuana laws of the state and not the competing federal laws,&quot; said Joe Elford, ASA Chief Counsel and the attorney that litigated the case on behalf of Williams. Today&#039;s appellate court ruling affirmed this position by concluding that, &quot;the deputy was acting under color of California law, not federal law. Accordingly, the propriety of his conduct is measured by California law.&quot;

The appellate court also stated that to deny patients protection from warrantless intrusions and seizures by law enforcement &quot;would surely shock the sensibilities of the voters who approved [Proposition 215].&quot; Especially worthy of note is the appellate court&#039;s assertion that the Compassionate Use Act of 1996 is not simply an affirmative defense to criminal sanctions, but &quot;...we see an opportunity for an individual to request the same constitutional guarantee of due process available to all individuals, no matter what their status, under the state Constitution. The fact that this case involves medical marijuana and a qualified medical marijuana patient does not change these fundamental constitutional rights or an individual&#039;s right to assert them.&quot;

Today&#039;s appellate court decision upholds Butte County Superior Court Judge Barbara Roberts&#039; ruling from September 2007, in which she states that seriously ill patients cultivating collectively &quot;should not be required to risk criminal penalties and the stress and expense of a criminal trial in order to assert their rights.&quot; Judge Roberts&#039; ruling also rejected Butte County&#039;s policy of requiring all members to physically participate in the cultivation, thereby allowing collective members to &quot;contribute financially.&quot;

Even in his dissenting opinion, Court of Appeal Judge James Morrison stated that, &quot;the United States Congress should reconsider its refusal to amend the federal drug laws to make reasonable accommodation for the 13 states that have enacted some form of compassionate use exception to their penal codes.&quot;

ASA was compelled to file the Williams lawsuit after receiving repeated reports of unlawful behavior by Butte County law enforcement, as well as by other police agencies throughout the state. After uncovering Butte County&#039;s de facto ban on medical marijuana patient collectives, ASA decided to pursue the case to show that collectives and cooperatives are protected under state law. &quot;In addition to protecting patients&#039; right to collectively cultivate, the Court has reaffirmed that medical marijuana patients enjoy the same constitutional rights as everyone else, including the ability to file civil rights actions when those rights are violated,&quot; continued Elford.


This ruling came down just after the police chiefs put out this rag. 
It could be considered RICO, since they know they are violating the law.</description>
		<content:encoded><![CDATA[<p>Under the latest appeals court ruling in Butte county V Butte County Superior Court, you can indeed sue the police for this very thing. It also clearly states that members may simply contribute financially, and that NO LOCAL ORDINANCE can override state law.</p>
<p>&#8220;For Immediate Release: July 1st, 2009</p>
<p>Landmark Ruling Issued on Collective Cultivation of Medical Marijuana<br />
Appellate court protects collective cultivation and affirms civil actions by patients</p>
<p>Sacramento, CA &#8212; The California Third District Court of Appeal issued a landmark ruling today on the right under state law of patients to collectively cultivate. The 2-1 appellate court decision stems from the case County of Butte v. Superior Court involving a private medical marijuana collective of 7 patients in Paradise, California. The nationwide advocacy group Americans for Safe Access (ASA) filed a lawsuit in May 2006 on behalf of 56-year-old David Williams and six other collective members after a 2005 warrantless search of his home. Williams was forced by the Butte County Sheriff to uproot more than two-dozen plants or face arrest and prosecution. Contrary to state law, which allows for collective cultivation, Williams was told by the Sheriff that it was not lawful to grow collectively for multiple patients.</p>
<p>&#8220;This ruling by the California Courts sends yet another strong message to state law enforcement that they must abide by the medical marijuana laws of the state and not the competing federal laws,&#8221; said Joe Elford, ASA Chief Counsel and the attorney that litigated the case on behalf of Williams. Today&#8217;s appellate court ruling affirmed this position by concluding that, &#8220;the deputy was acting under color of California law, not federal law. Accordingly, the propriety of his conduct is measured by California law.&#8221;</p>
<p>The appellate court also stated that to deny patients protection from warrantless intrusions and seizures by law enforcement &#8220;would surely shock the sensibilities of the voters who approved [Proposition 215].&#8221; Especially worthy of note is the appellate court&#8217;s assertion that the Compassionate Use Act of 1996 is not simply an affirmative defense to criminal sanctions, but &#8220;&#8230;we see an opportunity for an individual to request the same constitutional guarantee of due process available to all individuals, no matter what their status, under the state Constitution. The fact that this case involves medical marijuana and a qualified medical marijuana patient does not change these fundamental constitutional rights or an individual&#8217;s right to assert them.&#8221;</p>
<p>Today&#8217;s appellate court decision upholds Butte County Superior Court Judge Barbara Roberts&#8217; ruling from September 2007, in which she states that seriously ill patients cultivating collectively &#8220;should not be required to risk criminal penalties and the stress and expense of a criminal trial in order to assert their rights.&#8221; Judge Roberts&#8217; ruling also rejected Butte County&#8217;s policy of requiring all members to physically participate in the cultivation, thereby allowing collective members to &#8220;contribute financially.&#8221;</p>
<p>Even in his dissenting opinion, Court of Appeal Judge James Morrison stated that, &#8220;the United States Congress should reconsider its refusal to amend the federal drug laws to make reasonable accommodation for the 13 states that have enacted some form of compassionate use exception to their penal codes.&#8221;</p>
<p>ASA was compelled to file the Williams lawsuit after receiving repeated reports of unlawful behavior by Butte County law enforcement, as well as by other police agencies throughout the state. After uncovering Butte County&#8217;s de facto ban on medical marijuana patient collectives, ASA decided to pursue the case to show that collectives and cooperatives are protected under state law. &#8220;In addition to protecting patients&#8217; right to collectively cultivate, the Court has reaffirmed that medical marijuana patients enjoy the same constitutional rights as everyone else, including the ability to file civil rights actions when those rights are violated,&#8221; continued Elford.</p>
<p>This ruling came down just after the police chiefs put out this rag.<br />
It could be considered RICO, since they know they are violating the law.</p>
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		<title>By: Southern California Legal Growers - Marijuana Growing</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-51235</link>
		<dc:creator>Southern California Legal Growers - Marijuana Growing</dc:creator>
		<pubDate>Fri, 17 Jul 2009 00:17:43 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-51235</guid>
		<description>[...]     this is some bullshit too ---&gt; http://blog.norml.org/2009/07/12/nea...cal-marijuana/          __________________ MY 09 OUTDOOR MEDICAL MONSTER [...]</description>
		<content:encoded><![CDATA[<p>[...]     this is some bullshit too &#8212;&gt; <a href="http://blog.norml.org/2009/07/12/nea...cal-marijuana/" rel="nofollow">http://blog.norml.org/2009/07/12/nea&#8230;cal-marijuana/</a>          __________________ MY 09 OUTDOOR MEDICAL MONSTER [...]</p>
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		<title>By: NeuroGenesis1:29</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-51166</link>
		<dc:creator>NeuroGenesis1:29</dc:creator>
		<pubDate>Thu, 16 Jul 2009 12:03:18 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-51166</guid>
		<description>#147  Wendy from Good &#039;ole Utah Says:
July 14th, 2009 at 2:51 pm

THE BEVERLY HILLS BILLIES

NOW LISTEN TO MY STORY ABOUT A MAN NAMED JED

A POOR MOUNTAINEER BARELY KEPT HIS FAMILY FED

AND THEN ONE DAY HE WAS SHOOTING AT SOME FOOD

AND UP FROM THE GROUND CAME A BUBBLELING CRUDE….

OIL THAT IS…TEXAS….TEA…!

BLACK GOLD!


&lt;b&gt;RE: 
Before you know it, all the kinfolk are sayin&#039; 
Yeah, buddy, move away from there, 

That litttle Clampett got his own cement-pond, 
That little Clampett, he&#039;s a millionaire 

&lt;a href=&quot;http://www.youtube.com/watch?v=KPObq_EvIg8&quot; rel=&quot;nofollow&quot;&gt;Everyone said California 
is the place you oughta be...&lt;/a&gt;
&lt;/b&gt;</description>
		<content:encoded><![CDATA[<p>#147  Wendy from Good &#8216;ole Utah Says:<br />
July 14th, 2009 at 2:51 pm</p>
<p>THE BEVERLY HILLS BILLIES</p>
<p>NOW LISTEN TO MY STORY ABOUT A MAN NAMED JED</p>
<p>A POOR MOUNTAINEER BARELY KEPT HIS FAMILY FED</p>
<p>AND THEN ONE DAY HE WAS SHOOTING AT SOME FOOD</p>
<p>AND UP FROM THE GROUND CAME A BUBBLELING CRUDE….</p>
<p>OIL THAT IS…TEXAS….TEA…!</p>
<p>BLACK GOLD!</p>
<p><b>RE:<br />
Before you know it, all the kinfolk are sayin&#8217;<br />
Yeah, buddy, move away from there, </p>
<p>That litttle Clampett got his own cement-pond,<br />
That little Clampett, he&#8217;s a millionaire </p>
<p><a href="http://www.youtube.com/watch?v=KPObq_EvIg8" rel="nofollow">Everyone said California<br />
is the place you oughta be&#8230;</a><br />
</b></p>
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		<title>By: Wendy from Good 'ole Utah</title>
		<link>http://blog.norml.org/2009/07/12/nearly-13-years-after-prop-215-law-enforcement-still-resists-medical-marijuana/comment-page-4/#comment-50875</link>
		<dc:creator>Wendy from Good 'ole Utah</dc:creator>
		<pubDate>Wed, 15 Jul 2009 00:41:57 +0000</pubDate>
		<guid isPermaLink="false">http://blog.norml.org/?p=1082#comment-50875</guid>
		<description>And For It Is I

I Say Unto You

Amen Amen Amen.</description>
		<content:encoded><![CDATA[<p>And For It Is I</p>
<p>I Say Unto You</p>
<p>Amen Amen Amen.</p>
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