Opinion: SLT cultivation ordinance is unlawful and dangerous
Dear members of the South Lake Tahoe City Council,
Although I have publicly commended the council for the new cultivation ordinance, recent events have made me realize that this ordinance is clearly unconstitutional and represents a profound threat to the freedom and safety of city residents and their innocent family pets. I urge the council not to adopt this ordinance. If approved in its present form, I urge my fellow citizens not to obey any law that violates their constitutional rights.
The reason for my about face on this ordinance is based upon the announcement last Friday by United States Attorney General Eric Holder that federal agents will continue to raid, arrest and prosecute marijuana gardeners, even if Prop. 19 passes. In addition, Steve Cooley, who is currently in the lead to be elected as California attorney general, has publicly stated his belief that most, if not all, dispensaries are breaking the law by accepting money in exchange for marijuana and he has publicly promised to undertake massive felony prosecutions. “It’s a target-rich environment,” he proclaimed.
Now that the federal government and Cooley have gone on record that they will aggressively prosecute marijuana gardeners, regardless of what voters decide on Nov. 2, everything has changed. Such an openly hostile pronouncement, in the midst of an election, is an unprecedented attack on the very principles upon which this country was founded.
As a result of these direct threats by Holder and Cooley, it is clear that police and drug agents at the state and federal level will be targeting anyone who grows marijuana. Thus, any public disclosure that one is growing, such as is required to obtain a building permit, would create a real and appreciable hazard of incrimination, home invasions and felony prosecutions against otherwise law-abiding citizens. Such complete lack of respect for civil rights and state law by the United States attorney general, as well as the likely California attorney general-elect, is not only deeply disturbing, it shows that the current SLT cultivation ordinance will expose our residents to severe and traumatic attacks by federal agents who refuse to recognize state law or obey the U.S. Constitution or Bill of Rights.
The legal consequences for those who are forced to incriminate themselves under the proposed SLT cultivation ordinance are extreme. Under current federal law, growing just 101 plants could force a cannabis grower to face a ten year mandatory minimum in sentencing. Furthermore, as was the case for Dr. Marion Fry in nearby Cool, Calif., the feds can add up how many plants one grows over several years and if that number exceeds 100, the feds can demand a 10 year mandatory sentence.
There are other serious consequences for anyone who incriminates themselves by obeying the new cultivation ordinance. That’s because drug agents are notorious for shooting family dogs, even if the dog shows no aggressive behavior or is actually fleeing. ust ask Cheye Calvo, the mayor of Berwyn Heights, Md., about how SWAT team members burst into his home without knocking and shot his two dogs to death, as the dogs attempted to flee, all because a pound of marijuana was accidentally delivered to his home a few minutes earlier.
In Leary v. United States, 395 U.S. 6 (1969), the U.S. Supreme Court ruled upon the constitutionality of the Marijuana Tax Act. Dr. Timothy Leary, a professor and activist, was arrested for the possession of marijuana in violation of the Marijuana Tax Act. Dr. Leary challenged the act on the ground that the act required self-incrimination, which violated the Fifth Amendment. The unanimous opinion of the court was penned by Justice John Marshall Harlan II and declared the Marijuana Tax Act unconstitutional:
“Compliance with the transfer tax provisions would have required petitioner unmistakably to identify himself as a member of [a]…’selective’ and ‘suspect’ group, we can only decide that when read according to their terms these provisions created a ‘real and appreciable’ hazard of incrimination.”
Even requiring growers to disclose their activity to landlords violates their Fifth Amendment rights. If property owners don’t want marijuana grown in their homes, they can say so on their leases and evict anyone who violates those terms.
Most legal medical marijuana growers want to comply with the law, but if that law requires disclosures of any kind, it is not constitutional and not legally binding.
Meanwhile, the City Council should seriously consider crafting a cultivation ordinance that makes it a crime for agents conducting a drug raid to shoot a family dog or discharge a weapon when children are present. In fact, the city should demand that no marijuana raid can be conducted by any drug agents, unless a real victim — who is not an agent or paid informant — actually files a real police report and an investigation shows actual violations of state law taking place.
In closing, I dare you to watch this deeply disturbing video of a drug raid showing agents shooting the family dog with a 7-year-old boy present — even though no drugs were ever found. This is exactly the kind of violent, dangerous, state-sponsored terrorism that the current SLT cultivation ordinance would unleash upon our otherwise peaceful and law-abiding community.
Let freedom grow,
Steve Kubby, South Lake Tahoe
This is just outrage,I cant believe that the government is going to be so block headed as to come out and say we dont care what you vote your vote doesnt matter and we will raid you no matter what.This statement makes me sick it disgusts me,and has me wondering if this is a country i want to raise my kids in? This just goes to show they do not care one bit about our constitutional rights. I am ashamed to be part of this so called “free nation”,MY A*S!!
I was told the same thing when I tried to open a collective in Meyers. I had all the permits, Fire Department, Police Department, Planning Department, Zoning Variances and Ordinances approved and even the backing of our local County Superviser and was told no. There was an ordinance in the county that stopped all new collectives in the rural areas of the county for now. I went to the BOD meeting in Tahoe, last year, and was told in public that even if they changed the ordinance I would be arrested by the DA. When asked what that something was I was told anything they wanted. We anticipated $185K a month of TAXABLE sales and was still told no. The County would rather raise taxes and cut programs than give in to the nasty ole drug dealers. I was a Corporation and would have run it like a business, we even had a business plan to donate money back to the Meyers community for improvements to the Gateway To Tahoe. I don’t advocate for or against the general use of MJ but I do advocate helping our Local Community through increased revenue sources other than raising taxes and cutting services because they can’t balance the budget.
Steve,
Smoke one and relax dude!
This was anticipated. At the end of the day there is still a federal law that trumps state law no matter what the outcome on November 2. Looks like a change of federal law would be needed.
Confirms Kubby’s interests are pot and not the city, its well being, and its economy. It was always federal law that would trump state and local law.
The world is in the worst shape I,ve ever seen, and country is headed to 1930 type of conditions. Why do you think gold has went up 11 years in a row? So why are we wasting money on this issue for distraction purpose or what? This is a no brainer, in terms of the money that could go towards more urgent needs. To many needs to list, just look around. This issue is in everybodys interest, vote yes on 19 and vote for Kubby.
Interesting perspective Lou, generally in difficult times pawn shops do very well. Still, in tough times getting high is not the answer. Vote NO on Prop 19 and recognize that turning Tahoe into a marijuana mecca as Kubby advocates is not want most of us want. Endless fights with TRPA and destroying the environment are in store with Kubby.
lol@ Centurion
Lou, I agree with everything you said except your advocating of voting for Steve Kubby. My read on him is that SLT is not his top priority in his bid for a seat on the city council, and he seems to be more interested in his own personal agendas and furthering what he sees as some kind of bigger political future (delusions of grandeur?). He’s obviously a fairly intelligent individual, I just question his true intentions. I wish him no ill will, just think SLT should be any council members main focus.
Being a pawnbroker, exposes you to all types of people with many problems. From $10.00 loans to loans for 5 figures or more there is a story. Pawnshops in Ca. provide a service that lets people borrow $200.00 for 3 months for $20.00 in interest, which is much lower than many other states (25% per month in some i.e. $25.00 interest for a $200.00 loan for 1 month)so we fill a need that banks and payday lenders do not. Ive been in business here for over 30 years and gambling, legal an illegal drugs, domestic problems, and the end of the month bills make up 95% of pawns. Getting high could decrease 4 of the 5 issues I’ve mentioned above, so loans will decrease. Getting high, your words, is not the answer to our problems. Gambling causes most of these problems but the Gov. likes the taxes from gambling, regardless of the problems it causes.
Kubby is wrong again, I guess the 12 joints a day he claims to smoke has altered his mind for good. The swat team let off a series of flash bangs and didnt shoot and kill the dog as he claims. Fl;ash bangs are designed to disorintate and confuse the occupants in a confined location, giving the police the element of surprise, its also been back up by the Supreme Court that during SWAT raids, the offers in certain situations need not knock before entering. Get over yourself Kubby, Marijuana hurst our youth and ourt country and South Lake Tahope is just a foothole/stepping stone for you to try and spoon feed us your agenda, you really could care less about SLT
Cowboy25 you must have had the volume down on that video partner? Didn’t you hear the cops shoot the dogs and their dying whimpers? Kubby is so right, we in SLT do not want or need those jack-booted thugs bursting into our homes! And if you’ll read Kubby’s website you’ll understand that cannabis is a only one of issues he’s campaigning about. He’s way more than a one-issue candidate and he’s getting my vote.
The myths persist no matter how much we try to inform and educate. We all base our opinions on personal experience rather than rational thinking. If all you know about something is what the authorities want you to know or what you have seen for yourself and you never bother to research the facts you are easily misled. It is time to not only open our minds but to understand that you are only free if I am free and we are only free if they are free. I prefer Liberty to other control.
Seems like a “no brainer” Don’t vote for Kubby
Looks like the fed is making its move before things get too far out of control. There could be a cast of some shady characters moving in over the next few years consolidating their hold on these dispensaries. Hopefully they don’t bring the killing that is now more apparent on our southern border to our own neighborhoods.
Totally agree with Toogee. Kubby doesn’t come across as having our best interests at heart, has his own agenda, and that is not what this town needs.
An allegiance between the U.S. Attorney General and a large state’s potential Attorney General smacks of a way “to put our foot down”, but does not reflect legal history or paying atfention to the very legal precedents that guide our system of “of ‘law and order’ – which in current times is becoming less and less cognizant of the so-called “spirit” of the law, which is arguably its’ most important and significant part. . .
There is a huge difference between “security” and making people feel secure – something getting more and more lost to all those not living in either “Ivory towers”, “gated communities”, or “the halls of Congress”. . . the “I’ve got mine, now worry about getting yours crowd”. . .
We now have a “Department of Homeland Security” – does anyone really feel that much more secure (?). . .
Mr. Fark do you vote here?
God grew it.
Free people use it.
That settels it.
Forget Kirby’s push for pot. It is not that important. Kubby’s other thoughts are much more salient in regard to starting the rejuvenation of SLT.
Remember the other intoxicant. You know the one responsible for most fights, wife beatings, and killings. Not to overlook the 17,000 traffic deaths on our roads or destroyed lives in general. What is it called again, that’s right, alcohol.
And didn’t that idea called prohibition creat massive criminal empires that are still in business today?
@Cowboy25:
You pay attention to Supreme Court lackeys, and support fascist police thugs?
Good luck, you belong in Pyongyang N. Korea or working for the Chinese Communist Party. You don’t deserve liberty.
Kubby, once again thinks through a problem and poses possible problems down the road for our community. I don’t care what side of the issue you are on, wouldn’t you want to elect somebody with this uncanny ability? “Careaboutthecommunity” why don’t you “care” enough to elect someone smart enough to see the whole picture and not just a few pieces. Or do you just care about keeping pot out town? (way to late for that) Lets all “care about” being smart on November 2nd and not perpetuating the kind of stupidity that got us to 20% unemployement and a 12 acre crater in the center of town.
As a landlord if I put “no growing” on my rental agreement, and you grow, I will call in the Feds. Growing revenue will be offset by the states high cost of utility power consumption. Contaminated ground water and sewers from hydroponics. The health hazards of popular – inexpensive readily available use of Perlite, Vermiculite, and Rockwool for growing. Run down neighborhoods with bars on the windows. Uninsured Fire’s! Exposure to mold, asbestos, skin irritations, inhaling bio hazards in cleaning up a property after a grow is A health risk. Hazardous waste light bulbs in the trash and landfills. Pit bulls roaming the neighborhoods scaring our school children. The risks and costs to this community outweigh any gain. Growing should not be private if you don’t own the property. The landlord has rights also. Growing belongs in a lab, not in a residential neighborhood.
The timing of Holder’s announcement is suspect here, so close to the election –perhaps designed to provoke this kind of reaction from Prop 19 supporters like Kubby and others.
Despite these developments, I still believe and predict:
— Prop 19 will pass
— Use will incresase
— No good will come from it
@oddsox
Those predictions aren’t likely to take actually happen. If your predictions are based upon known facts that is. Its a fact that in the Netherlands cannabis use is much lower, by a factor of 2:1, both for adults and minors, than it is here in the USA even though its de facto legalized and sold/used openly in coffeeshops throughout the country. And because of the commerce provided by cannabis there is indeed “good” that comes from it. People are employed and taxes are gathered. Of course we will have to wait till Nov. 2nd to see if Prop 19 passes.
@chrissec
I agree, all this is predicated upon Prop 19 passing, and it’s no slam dunk. Last week’s Reuters poll shows it down by 10 points & Holder’s recent statement may have the desired effect.
At the same time, other polls still have the measure ahead. Then there’s Nate Silver’s fascinating analysis.
http://blogs.laweekly.com/informer/marijuana/pot-legalization-prop-19-polls/
..and lastly, there’s the big question:
Where’s the money???
http://projects.latimes.com/prop19/
Prop 8 fired up $83M in campaign contributions(combined for and against), but it’s not even close w/Prop 19. Why?
This is a tough one to predict. I’m sticking with my July prediction largely so as not to flip-flop. Things are a-changin’. Prop 19 passes by a slimmed down 2%-3%.
As for #2 & #3, Chrissec, can you go here? http://apps2.tahoedailytribune.com/utils/persona/ui/index.php?plckPersonaPage=PersonaComments&plckUserId=d09f5b31d1dea25812f42a702d6c772d&userId=d09f5b31d1dea25812f42a702d6c772d&plckCurrentPage=1&sid=sitelife.tahoedailytribune.com
My comments page from Tahoe Daily Tribune, I’ve gone pretty deep into this, you can get caught up. Links to columns re: Amsterdam and Portugal, the 2 Rand reports, etc. New stuff coming out all the time. Trust me, use will increase, and the tax money won’t be there in anywhere near the $1.4B predicted by CA State Board of Equalization. Other benefits will be offset by costs: Unintended, unforeseen, unfortunate. “Pine Tree” above has some insight, and I’m praying “Bob’s” nightmare scenario doesn’t play out (Rand report says no…), but too much chaos on tap for a post Prop 19 California.
Pine Tree you hit the nail on the head and expressed it way more eloquently than I ever could.
Growing a plant indoors that is meant to be grown outdoors, in a building not designed or meant to do it causes LOTS of problems.
Lets face it people who are growing won’t care about a landlords property and the damage they leave behind for the owner or next tenant. A home is not zoned agricultural or commercial or industrial, to use it such is wrong. We have rules in society for a reason and turning a home in a residential neighborhood into a commercial or agricultural use isn’t the right thing to do.
Hey Louis, is it wrong to turn my single family residence into a duplex including an illegal bathroom and kitchen? Is it wrong for me to run a construction business out of my home and store my tools, trucks and materials at my home and also receive deliveries of materials several time a week ? Is it wrong for me to turn my single family residence into a vacation rental and help destroy the neighborhood with noise, traffic and lots of strangers? I would say yes, and lets get rid of all of it. Save our neighborhoods, they are our HOMES!!!
sandsconnect, never said a thing about not wanting marijuana in town. Here’s what I said:
“Totally agree with Toogee. Kubby doesn’t come across as having our best interests at heart, has his own agenda, and that is not what this town needs.”
Steven:
I would love to see the figures on the people that grow pot in doors of their own home, not ones they rent. From all I’ve heard from real estate companies is that most are renting.
Louis is right as I know a lot of neighborhoods being invaded by the new pot growers. The mold that will take over the home is just one of the many problems a landlord will have to deal with. The frequent in and out traffic at all hours is another problem.
There has to be a solution that works within the law and whats best for ALL concerned.
I assume Mr. Farkworth does not vote here that,s a no brainer. Response?