Feds escalate efforts to close pot dispensaries in California
By John Hoeffel, Los Angeles Times
Federal prosecutors are threatening to shut down medical marijuana dispensaries throughout California, sending letters that warn landlords to stop sales of the drug within 45 days or face the possibility that their property will be seized and they will be charged with a crime.
The stepped-up enforcement escalates the Obama administration’s efforts to rein in the spread of pot stores, which accelerated after the attorney general announced in 2009 that federal prosecutors would not target people using medical marijuana in states that allow it.
“It’s coming out of left field as far as we’re concerned,” said Joe Elford, the chief counsel for Americans for Safe Access, which advocates for medical marijuana use. “I really don’t know what inspired this. It’s a complete about-face from what [Obama] said when he was campaigning.”
The initiative, spearheaded by the four U.S. attorneys in the state, will focus on dispensaries selected by the prosecutors, said a person familiar with the operation. He declined to say what criteria would be used to target dispensaries and asked not to be identified because the prosecutors are scheduled to make the official announcement at a news conference Friday morning in Sacramento.
Landlords for some dispensaries have already received letters, including the owner of the building that houses the Marin Alliance for Medical Marijuana in Fairfax, Calif., the oldest dispensary in the country. “I assume the story you’re calling about is: Obama takes resources away from fighting terrorists and goes after old ladies with glaucoma,” said Greg Anton, a lawyer who represents the dispensary.
The letter to the Marin Alliance notes that the dispensary is within a prohibited distance of a park, raising the possibility that enforcement will zero in on stores within 1,000 feet of schools and playgrounds, a distance that can bring enhanced penalties for illegal drug sales. But letters received by dispensaries in San Diego make no mention of such prohibitions. “We’re trying to figure this out,” said Jessica C. McElfresh, who represents some dispensaries in the city. “I am surprised at the size of this. I am surprised by the vast amount of planning that has clearly gone into it.”
Given that Obama’s Drug War budget is the biggest ever and that he just gave California $72 million to hire hundreds of new narcs and oppose marijuana legalization, this declaration of war should come as no surprise.
Yes, I know everyone wants to hold a protest and write a letter, but you don’t win a war like this by gathering up the peasants and begging the ruling class for relief. It is time for new tactics and a strategy that will result in real freedom.
Clearly, it is time for us to push back against the new Federal war on MCDs and growers by standing up for what we believe and not backing down.
Thanks to the genius of attorney Bill McPike and Judge Gray, we just happen to have a revolutionary new initiative that authorizes California to legally opt out of federal law. And thanks to a recent Supreme Court decision, we have case law to back us up.
Of course, there are those who will claim that the courts don’t respect the 10th Amendment and our initiative won’t allow us to opt out of Federal law, but they are wrong. I’m pleased to report that the Supreme Court has just upheld the 10th Amendment. Just so there are no doubts, see this quote from the case of US v Carol Bond, which was argued February 22, 2011 and decided June 16, 2011:
“By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power”
–Justice Anthony Kennedy, US v Carol Bond 6-11-11
The time has come to stand up for liberty, insist upon our 10th Amendment right to opt out of Federal laws that violate the sovereignty and safety of our state. MCDs and growers now have a simple choice: Support the Regulate Marijuana Like Wine Act and stand up to these Federal bullies.
Or do nothing and be wiped out.
Let freedom grow,
Steve Kubby
Campaign Manager
Regulate Marijuana Like Wine Act 2012
I am under the impression that the 10th Amendment allows the States to decide on regulations, unless it is specifically given to the Federal government in the Constitution. If marijuana is not specifically identified in the Constitution, why is the Federal government involved at all?
Steve, Sounds like you should be in the heat of this battle instead of the backweeds of Lake Tahoe. You are needed in places like Marin where this battle would be taking place. Why aren’t you on the front lines where your leadership and bravery are needed? I think you would be a great organizer for pickets and such. Look forward to seeing your picture and hearing about your prescence on the front lines of this major battle. I know you are not a coward so get out there and let your voice be heard.
My home is first chair on a blower powder day. No friends OR politics on a powder day. Or on the cusp of another awesome La Nina winter. I’m a mountain person and so are most of my friends. It’s how we roll — especially during safety checks!
With a battle this big looming I would think you would sacrifice a year of pow for the longer and greater good. I’ve never though of you as an armchair quaterback but I guess you are. I’m disappointed that you are not willing to get out there and make a difference. Like lots of other bloggers, you talk a good game but are not really willing to make a difference. I’ll be reading your future posts with a different take going forward. You’ve lost street cred.
Apparently some folks are clueless that I’ve already paid my dues. http://en.wikipedia.org/wiki/Steve_Kubby
TIME FOR CARTELS TO DOUBLE THEIR PROFITS!
CIA, MUST NEED MONEY FOR ANOTHER GREAT WHITE HOPE WAR!