Do They Also Believe That The Earth Is Flat?

  • by Paul Armentano, NORML Deputy Director August 27, 2008

    Pot Dispute Still Unresolved
    via The San Bernardino County Sun

    If state Attorney General Jerry Brown’s medical-marijuana recommendations released this week were meant to clarify a muddied issue caused by conflicting state and federal law, not all local officials saw the light.

    … San Bernardino County and its Sheriff’s Department are challenging Brown’s recommendations with a petition to the U.S. Supreme Court.

    “We still think the recommendation is in direct conflict with federal law,” said San Bernardino County sheriff’s spokeswoman Arden Wiltshire. “Our sheriffs believe federal law supersedes state law.”

    … “I’m not sure if the new determinations make a difference or not, it’s too soon to tell,” said Fontana police Sgt. Jeff Decker. “We still treat a violation of marijuana possession as a violation of the federal law.”

    This, of course, would be humorous if it wasn’t so pathetic.

    Let’s review shall we.

    The voters of the state of California approved legislation to exempt qualified medical marijuana patients from state arrest and prosecution in 1996 — that’s 12 years ago.

    Since then, the Legislative Counsel of California, the state Attorney General’s Office, the Superior Court of California, the 4th District Court of Appeals, and a majority of the California legislature have all determined that local politicians and law enforcement are obligated to uphold the provisions of California’s medical marijuana laws.

    California’s constitution is also quite clear on this point — mandating that police have a sworn duty to uphold state law, not to enforce federal statutes.

    In short, there is no ‘confusion’ regarding the legality of California’s pot laws.

    There is only arrogance and recalcitrance on the part of those who have chosen to abuse their power and position to hamstring the will of the voters, the legislature, and the courts.

    31 responses to “Do They Also Believe That The Earth Is Flat?”

    1. bob says:

      This is honestly quite sickening. I don’t know what else to say.

    2. Mike Hackett says:

      It embarrasses me to live in San Bernardino County.

    3. I’m so glad that I haven’t eaten anything… Otherwise I would have just puked… This makes me absolutely sick… Someone should Sue the hell out of the police for upholding the wrong set of laws. All those that refuse to serve the people should be stripped of any and all authority. They should be thrown out of their positions. Will not the people stand and do something about this outrage!?
      Also, How did the democratic convention go? Did they respect the peoples wishes or did they continue to prosecute innocent civilians?

    4. Lonehead Lee says:

      that’s a stirring post and all, but of course there is quite a bit of confusion out here. that’s why jerry brown posted the guidelines — people were confused. the confusion is about how to distinguish between medical use and recreational use. recreational use has not been legalized but a lot of people are acting like it has been. this creates a situation. the law contains ambiguity, like every law. not to mention the state/federal issues. time will tell.

    5. Mikmo6 says:

      It’s a good gig and you can’t expect these guys to give it up easy (the SB Shitheads — I mean sheriffs) because you know it’s much easier bullying some pothead cancer patient than trying to catch real criminals — sheez! Give law enforcement a break!

    6. Dennis says:

      Surely we can foster a campaign to get this “Sheriff” fired, de-elected or otherwise put out to pasture with the rest of the old cows. I mean, he should have to pay for his oppression against the people against their will.

    7. Thomas Adams says:

      It’s long overdue for some Federal reform. I’m sick of hearing about out of control federal officers and corrupt politicians who abuse their power and dis-regard the constitution! We’re constantly losing liberties and freedom everyday. We the people should have control over our government, not the other way around! It’s time for a change everybody, a REVOLUTION!!!

    8. Florida is a facicst state says:

      The sheriff is elected by the people of San Bernardino & sworn to uphold California law his job dose not include enforcing federal law the same as it doesn’t include fighting the war in Iraq/Afghanistan. The people of San Bernardino pay his salary not the Federal government. When the sheriff gos off using resources to enforce Federal law he is really steeling from the people of his county by using their tax money to enforce law out side of his responsibility and contrary to their wishes. It’s a clear miss use of tax payer money the same as if he had his deputies mowing his lawn and painting his house.
      If I lived in San Bernardino I’d look in to what kinds of civil actions I could bring also maybe impeachment.

    9. Robert says:

      I can’t believe their sworn duty is to uphold california law but they somehow find a way around it.

    10. Eric Johnson says:

      Why are these people not cited and tried for mal/mis-feasance in office?

      What is required to do so?

      None is forced to be a Sheriff in San Bernadino County, and if they want to uphold marijuana laws over any other, let them join a Federal law enforcement organization.

      Otherwise these people have got to realize the marijuana gravy-train is -over- for them, no matter for how many years they have schemed to arrest people for smoking pot, just hours before they go pop open a beer and light a cigar(ette).

      I just wonder what their response is when confronted with the constitution and the decisions which say they have to uphold CA law over Federal statutes.

      By the way, which other Federal laws do local police and county sheriffs bother to enforce?