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51US CA: Prop. 19 Could Set UP Legal Battle Between California, Federal GovernmentWed, 13 Oct 2010
Source:Bellingham Herald (WA) Author:Hecht, Peter Area:California Lines:Excerpt Added:10/13/2010

SACRAMENTO, Calif. -- Backers of California's Proposition 19 call it a landmark challenge to America's war on drugs. But passage of the initiative to legalize pot for recreational use may open up a legal war between California and the federal government.

Some fear a renewed surge of federal raids - similar to actions that shut down medical pot shops, targeted suppliers and doctors after California voters passed Proposition 215, its medical marijuana law in 1996.

Even some fervent proponents of the initiative to allow anyone 21 and over to smoke pot say federal authorities will quickly sue California to overturn the new law.

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52US CA: Prop. 19 Passage Could Spark U.S.-California Legal WarFri, 08 Oct 2010
Source:Sacramento Bee (CA)          Area:California Lines:Excerpt Added:10/12/2010

Backers of California's Proposition 19 call it a landmark challenge to America's war on drugs. But passage of the initiative to legalize pot for recreational use may open up a legal war between California and the federal government.

Some fear a renewed surge of federal raids, similar to actions that shut down medical pot shops, targeted suppliers and doctors after California voters passed Proposition 215, its medical marijuana law, in 1996.

Even some fervent proponents of the initiative to allow anyone 21 and over to smoke pot say federal authorities would quickly sue California to overturn the new law.

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53 US CA: Legalization's OpponentsThu, 07 Oct 2010
Source:North Coast Journal (Arcata, CA) Author:Geluardi, John Area:California Lines:452 Added:10/09/2010

Critics of Prop. 19 Range From Skeptical to Rabid -- and Some of Them Come From Inside the Movement

In 1911, after years of scandal and high-profile corruption trials, California voters overwhelmingly approved one of the most rigorous ballot initiative laws in the country. The idea was to allow voters to bypass state lawmakers when they were too timid, cowed, or corrupt to act on the voters' behalf. Almost a century later, the process is still relatively simple and accessible. Any group or individual can write an initiative and submit it with a $200 fee to the state attorney general's office. After the initiative's fiscal cost was analyzed, the signature gathering began. If the authors didn't have access to a large group of well-organized volunteers, signature gatherers could be easily hired at a price. For about $1 million, a professional company would send paid staffers to shopping malls, commercial districts, and public transportation hubs to collect roughly 440,000 signatures of registered voters required to qualify the initiative for the California bal! lot. And if the initiative won 50 percent of the vote on Election Day, it became law.

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54 US FL: Edu: Column: Florida Should Decriminalize MarijuanaWed, 06 Oct 2010
Source:Independent Florida Alligator, The (FL Edu) Author:Quinn, Sean Area:Florida Lines:90 Added:10/08/2010

Katy Perry was right. In California, the grass is always greener. And as of last week, getting caught with an ounce or less of grass won't get you jail time, it will only get you a $100 fine and a citation. For those playing at home, that's about three days of parking citations from UF and less than one citation for using a duplicate decal.

Non-medical marijuana has officially been decriminalized in the state of California, making it the 12th state in the union to do so. It also puts California on a path to being on the right side of history.

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55US CA: Large Pot Farms On Verge Of Approval In OaklandTue, 20 Jul 2010
Source:San Francisco Chronicle (CA) Author:Kuruvila, Matthai Area:California Lines:Excerpt Added:07/20/2010

Oakland is on the verge of giving the city's blessing to large-scale marijuana farms, a plan that has provoked a backlash from small-time growers who fear being pushed out of the booming pot business.

The proposal before the City Council tonight would authorize officials to issue permits to four indoor marijuana farms. There would be no size limit, and some suitors who have expressed interest in winning licenses are proposing growing operations as large as 100,000 square feet - roughly the size of two football fields.

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56 US CA: OPED: Tax And RegulateWed, 09 Jun 2010
Source:Santa Barbara Independent, The (CA) Author:Bearman, David Area:California Lines:123 Added:06/10/2010

Not Tax And Become Hysterical

Someone needs to tell a few of the city council members that the approach to medicinal marijuana that the people of Santa Barbara and the state of California voted overwhelmingly for in 1996 is tax and regulate, not tax and get hysterical.

An article in the Santa Barbara County Medical Society News by current County Medical Society President Philip R. Delio, M.D., stated, "One would have hoped that as city council members gathered to discuss the methods of distributing medical marijuana in Santa Barbara, they would have asked doctors, pharmacists, or health care professionals for input and guidance. Instead, the topic is being sorted out via public forums that are dominated by emotion, personal opinion, anecdotal testimony, and the like." I couldn't agree more with Dr. Delio.

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57 US: OPED: Medical Marijuana and the LawThu, 22 Apr 2010
Source:New England Journal of Medicine (US) Author:Hoffmann, Diane E. Area:United States Lines:205 Added:04/22/2010

The U.S. legal landscape surrounding "medical marijuana" is complex and rapidly changing.

Fourteen states - California, Alaska, Oregon, Washington, Maine, Hawaii, Colorado, Nevada, Vermont, Montana, Rhode Island, New Mexico, Michigan, and most recently, New Jersey - have passed laws eliminating criminal penalties for using marijuana for medical purposes, and at least a dozen others are considering such legislation.[1] Medical experts have also taken a fresh look at the evidence regarding the therapeutic use of marijuana, [2], [3] and the American Medical Association (AMA) recently adopted a resolution urging review of marijuana as a Schedule I controlled substance, noting it would support rescheduling if doing so would facilitate research and development of cannabinoid-based medicine.

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58 US WA: Edu: Column: Say 'No' To Weed LegalizationMon, 12 Apr 2010
Source:Daily Evergreen, The (Washington State U, WA Edu) Author:Stetson, William Area:Washington Lines:79 Added:04/12/2010

State Marijuana Bill Counters Federal Law, Would Not Save Money in Long Run

With a nearly bankrupt government already exhausting Washington state's economy, the "do what feels good" lobby is attempting to make things worse. Using the floundering state economy as an excuse, pot advocates are trying to legalize marijuana.

A few Democrats tried to pass HB 2401 earlier this year. The bill would have legalized marijuana production and distribution at the state level. Supporters predicted a $380 million revenue increase per biennium through a 15 percent tax on cannabis, making the legislation a trade-off between citizens' well-being and money.

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59 US FL: PUB LTE: States' Rights LostSun, 11 Apr 2010
Source:Gainesville Sun, The (FL) Author:Diaz, Jordan Area:Florida Lines:31 Added:04/11/2010

Florida Attorney General Bill McCollum (and anyone who thinks suing the feds over health care is a good idea) should refer to Raich v. Gonzales or Raich v. Ashcroft.

Angel Raich sued the U.S. government saying that the Controlled Substances Act (1971) was unconstitutional in that all powers not explicitly given to the federal government was therefore inherent to each individual state. The court ruled that Raich's six or so cannabis plants were breaking federal law (even though growing medicinal cannabis is legal in California) and therefore affected interstate commerce.

I don't remember the Tea Party screaming when the precedent was set with Raich.

Jordan Diaz,

Gainesville

[end]

60 US WA: Marijuana Bills Tempt Cash-Starved StatesTue, 06 Apr 2010
Source:Joplin Globe, The (MO)          Area:Washington Lines:224 Added:04/08/2010

(MCT) WASHINGTON - Mary Lou Dickerson had seen enough. After wrenching cuts to Washington's state drug and alcohol treatment programs, Dickerson, a Democratic representative, introduced a bill this year to sell marijuana in state liquor stores - and tax it.

Dickerson is an unlikely crusader for marijuana legalization. A 63-year-old grandmother who doesn't use it, she says money was the only reason for proposing her controversial bill. "According to the state's own estimates, it would bring in an additional $300 million per biennium," she says. "I dedicated (in the bill) a great deal of the proceeds from the tax on marijuana to treatment."

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61 US CO: OPED: Precedent Suggests Court Will Uphold Mandate inSun, 28 Mar 2010
Source:Daily Sentinel, The (Grand Junction, CO) Author:Stacy, Tom Area:Colorado Lines:114 Added:03/29/2010

Colorado citizens are entitled to ask whether the lawsuit Attorney General John Suthers has joined serves valuable purposes. The suit maintains it violates the rights of states under the Constitution for Congress to require individuals to purchase health insurance. Whatever the abstract merit of this position, its premises have been clearly and recently repudiated by a majority of the justices who currently sit on the Supreme Court. Unless the court departs from the rule of law, the lawsuit has no reasonable chance of success.

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62 US: Health Law Has History As Its AllySat, 27 Mar 2010
Source:Los Angeles Times (CA) Author:Savage, David G. Area:United States Lines:141 Added:03/27/2010

Overturning the Insurance Mandate on Constitutional Grounds Is Unlikely If Courts Keep to Precedent

Lawsuits from 14 states challenging the constitutionality of the new national healthcare law face an uphill battle, largely due to a far-reaching Supreme Court ruling in 2005 that upheld federal restrictions on home-grown marijuana in California.

At issue in that case -- just like in the upcoming challenges to the healthcare overhaul -- was the reach of the federal government's power.

Conservative Justices Antonin Scalia and Anthony M. Kennedy joined a 6-3 ruling that said Congress could regulate marijuana that was neither bought nor sold on the market but rather grown at home legally for sick patients.

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63 US: Health Measure's Opponents Plan Legal ChallengesTue, 23 Mar 2010
Source:New York Times (NY) Author:Schwartz, John Area:United States Lines:129 Added:03/23/2010

Officials in a dozen states who oppose the health care bill say they hope to block it in court by arguing that requiring people to buy health insurance is an unprecedented intrusion by the federal government into people's lives - the equivalent of going a step beyond simply regulating automobiles to requiring people to buy a car.

They add that the bill would rewrite the relationship between federal and state government, and they plan to make their argument in court as soon as the legislation becomes law.

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64US MN: Minnesota Health Reform Foes Urge State LawsuitThu, 18 Mar 2010
Source:St. Paul Pioneer Press (MN) Author:Hoppin, Jason Area:Minnesota Lines:Excerpt Added:03/21/2010

Requirement That Citizens Buy Insurance Is Unconstitutional, They Say

Republicans in Minnesota want Attorney General Lori Swanson to file a lawsuit blocking federal health care reforms, citing the U.S. Constitution's Commerce Clause and 10th Amendment.

Standing in their way, though, might be a pot-smoking medical marijuana advocate from California named Angel Raich.

During a Capitol news conference Wednesday, prominent Republicans said they will introduce a resolution on the Senate floor today asking the Minnesota delegation to vote against the bill and seeking a lawsuit to block it if Congress passes it. In doing so, they raise an issue that has reverberated from tea party rallies to statehouses across the country -- that the federal health care bill is unconstitutional.

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65US CA: Chico Pot Grower Heads Back to PrisonTue, 23 Feb 2010
Source:Sacramento Bee (CA) Author:Walsh, Denny Area:California Lines:Excerpt Added:02/24/2010

Bryan James Epis, the first person associated with a California cannabis buyers' club to be tried in federal court for growing pot, was ordered back to prison Monday by a Sacramento judge to serve the balance of a 10-year term.

Epis, 42, had been free for nearly six years on an order issued by the 9th U.S. Circuit Court of Appeals after he had served more than two years of the term for growing and conspiring to grow marijuana.

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66 US: Weed Takes RootThu, 07 Jan 2010
Source:LA Weekly (CA) Author:Ferrell, David Area:United States Lines:594 Added:01/07/2010

Marijuana's Steady March Toward Legalization Nationwide

These are not your run-of-the-mill potheads jammed into the long, narrow classroom at Oaksterdam University, a tiny campus with no sign to betray its location on busy San Vicente Boulevard south of the Beverly Center. A serious vibe fills the loftlike space, where rows of desks are arranged like church pews under exposed ducts. No one clowns around or even smiles much. Instead, eyes fix intently on a screen at the front of the darkened room.

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67 US: High Time for ChangeThu, 07 Jan 2010
Source:Dallas Observer (TX) Author:Ferrell, Dave Area:United States Lines:638 Added:01/06/2010

With Shifting Attitudes and a Burgeoning Medical Marijuana Movement, the Future Looks Rosy for Legalized Weed

These are not your run-of-the-mill potheads jammed into the long, narrow classroom at Oaksterdam University, a tiny campus with no sign to betray its location on busy San Vicente Boulevard south of the Beverly Center in Los Angeles. A serious vibe fills the loft-like space, where rows of desks are arranged like church pews under exposed ducts. No one clowns around or even smiles much. Instead, eyes fix intently on a screen at the front of the darkened room.

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68 US: Weed Takes RootWed, 06 Jan 2010
Source:Seattle Weekly (WA) Author:Ferrell, Dave Area:United States Lines:528 Added:01/06/2010

Marijuana's Steady Creep Toward Legalization Nationwide.

These are not your run-of-the-mill potheads jammed into the long, narrow classroom at Oaksterdam University, a tiny campus with no sign to betray its location on busy San Vicente Boulevard in Los Angeles. A serious vibe fills the loftlike space, where rows of desks are arranged like church pews under exposed ducts. No one clowns around or even smiles much. Instead, eyes fix intently on a screen at the front of the darkened room. Projected there is a photograph of a healthy marijuana plant under an array of lights. Tonight's subject, Cannabis 101: growing the weed in indoor gardens. It's delicate alchemy, as most of these students, who range in age from their early 20s to nearly 60, already know. During the 13-week semester, many tend--and keep notes on--their own clandestine nurseries in bedrooms and garages scattered around Los Angeles.

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69 US: Marijuana's Steady Creep Toward Legalization NationwideWed, 06 Jan 2010
Source:SF Weekly (CA) Author:Ferrell, Dave Area:United States Lines:552 Added:01/06/2010

These are not your run-of-the-mill potheads jammed into the long, narrow classroom at Oaksterdam University, a tiny campus with no sign to betray its location on busy San Vicente Boulevard south of the Beverly Center in Los Angeles. A serious vibe fills the loftlike space, where rows of desks are arranged like church pews under exposed ducts. No one clowns around or even smiles much. Instead, eyes fix intently on a screen at the front of the darkened room.

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70 US CA: Local Rancher Goes Public With Quest To Sell MedicalFri, 06 Nov 2009
Source:Ledger Dispatch (Jackson, CA) Author:Anderson, Scott Thomas Area:California Lines:126 Added:11/07/2009

Confusion about the present. Uncertainty about the future.

Some of Amador's top officials found themselves trying to navigate a swamp of mixed messages and legal questions on Tuesday as a member of one of the biggest land-owning families in the county asked them to lift a ban on growing and selling medicinal marijuana.

In late October, Sutter Creek rancher Robert Allen told the Ledger Dispatch he proposed to open a cannabis dispensary for locals struggling with health issues. Allen's family owns vast tracts of land throughout the area. Despite his property holdings, Allen said he was having trouble finding a location to start the enterprise - which he calls Gold Country Harvest - mostly because Amador County has a ban on such operations.

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71US CA: Obama Policy Shift On Marijuana Turns HeadsMon, 19 Oct 2009
Source:Contra Costa Times (CA) Author:Simerman, John Area:California Lines:Excerpt Added:10/19/2009

Uncle Sam will no longer bother with medical marijuana users and their caregivers, so long as they adhere to medical pot laws in the 14 states that have them, according to new guidelines Attorney General Eric Holder announced Monday.

The guidelines, laid out in a memo sent to all United States attorneys, formalize earlier statements by both Holder and President Barack Obama that the administration has no interest in pressing a clash between federal and state pot laws that brought frequent marijuana dispensary raids and occasional prosecutions of backyard growers during the Clinton and Bush eras.

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72US CA: Fate of Alameda Pot Club Likely Heading to CourtSat, 23 May 2009
Source:San Jose Mercury News (CA) Author:Hegarty, Peter Area:California Lines:Excerpt Added:05/25/2009

ALAMEDA -- The City Council may have moved to close the Purple Elephant, the medical marijuana dispensary on Webster Street, but that does not mean the business will be going away any time soon.

Instead, the pot club's fate likely will be decided in court.

Attorney Edward Higginbotham, who represents the club's owner, called the decision Tuesday to uphold the revocation of the dispensary's business license "blatantly unconstitutional."

"I don't know if you could get away with it in North Korea," Higginbotham said. "But you certainly can't get away with it in the United States."

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73 US CA: Supreme Court Upholds California Medical Pot LawTue, 19 May 2009
Source:Los Angeles Times (CA)          Area:California Lines:101 Added:05/19/2009

Justices turn down appeals from San Diego and San Bernardino counties seeking to throw out the state's 13-year-old medical marijuana law.

The Supreme Court on Monday rejected appeals from two hold-out counties in Southern California that objected to the state's 13-year-old medical marijuana law and claimed it should be struck down as violating the federal drug control act.

Without comment, the court turned down the pair of appeals.

The action probably will clear the way for patients in San Diego and San Bernardino counties to seek county-issued identification cards that show they are eligible to possess and use marijuana.

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74 US: Web: America's Schizoid Pot CultureTue, 28 Apr 2009
Source:AlterNet (US Web) Author:Holland, Joshua Area:United States Lines:140 Added:04/28/2009

4 In 10 Have Smoked It, And Millions Are Still Getting Busted

The Obama administration is giving mixed signals on its pot policies despite a tidal shift in social views on legalizing marijuana.

Fully 80 percent of Americans approve of the use of marijuana for medicinal purposes, and fewer than one in five favor locking up non-violent adults who use pot in general. But since the inception of the disastrous "War on Drugs," politicians from across the political spectrum have found that being a dedicated drug warrior is an easy way to appear "tough on crime" without much political risk.

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75 US CA: Column: End Of Raids Is 1st Step Toward Sanity OnTue, 17 Mar 2009
Source:Record, The (Stockton, CA) Author:Page, Clarence Area:California Lines:99 Added:03/18/2009

When Charles Lynch asked local officials for permission to sell an herbal medicine in the Central California town of Morro Bay, they granted it to him - even though the medicine was marijuana.

That's because marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws. Illinois, Iowa, Minnesota and New Hampshire are among about ten states that have been debating similar measures.

So Charlie applied for a business license, joined the chamber of commerce, talked to lawyers and even called the Drug Enforcement Administration before opening his medical marijuana dispensary with a grand ribbon-cutting ceremony.

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76 US FL: Column: Science-Based Policy Not Just A Pipe DreamMon, 16 Mar 2009
Source:Sun-Sentinel (Fort Lauderdale, FL) Author:Page, Clarence Area:Florida Lines:67 Added:03/16/2009

When Charles Lynch asked for permission to sell an herbal medicine in Morro Bay, Calif., local officials gave it to him, although the medicine was marijuana.

That's because marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws.

So Lynch applied for a business license, joined the Chamber of Commerce, talked to lawyers and even called the Drug Enforcement Administration before opening his medical marijuana dispensary.

Unfortunately for Lynch, none of this prevented him from being arrested in March 2007, when federal authorities raided his home and small business.

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77 US CT: Column: Ending Pot Raids Only A First Step Toward SanityMon, 16 Mar 2009
Source:New Haven Register (CT) Author:Page, Clarence Area:Connecticut Lines:96 Added:03/16/2009

When Charles Lynch asked local officials for permission to sell an herbal medicine in the central California town of Morro Bay, they granted it to him, even though the medicine was marijuana.

Marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws. Illinois, Iowa, Minnesota and New Hampshire are among about 10 states that have been debating similar measures.

Lynch applied for a business license, joined the Chamber of Commerce, talked to lawyers and even called the federal Drug Enforcement Administration before opening his medical marijuana dispensary with a grand ribbon-cutting ceremony.

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78 US NY: Column: End Pot Raids, Begin New SanityMon, 16 Mar 2009
Source:Buffalo News (NY) Author:Page, Clarence Area:New York Lines:81 Added:03/16/2009

When Charles Lynch asked local officials for permission to sell an herbal medicine in the central California town of Morro Bay, they granted it to him -- even though the medicine was marijuana.

That's because marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws. About ten states that have been debating similar measures.

So Charlie applied for a business license, joined the Chamber of Commerce, talked to lawyers and even called the Drug Enforcement Administration before opening his medical marijuana dispensary with a grand ribbon-cutting ceremony. Unfortunately for Charlie, none of this prevented him from being arrested in March 2007 when federal authorities raided his home and small business. That's because the Supreme Court ruled 6-3 in Gonzalez v. Raich in 2005 that in the issue of medical marijuana federal law trumps the states.

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79 US PA: Column: End Pot Raids, And Begin New SanitySat, 14 Mar 2009
Source:Pocono Record, The (Stroudsburg, PA) Author:Page, Clarence Area:Pennsylvania Lines:98 Added:03/15/2009

When Charles Lynch asked local officials for permission to sell an herbal medicine in the central California town of Morro Bay, they granted it to him - even though the medicine was marijuana.

That's because marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws. Illinois, Iowa, Minnesota and New Hampshire are among about 10 states that have been debating similar measures.

So Charlie applied for a business license, joined the Chamber of Commerce, talked to lawyers and even called the Drug Enforcement Administration before opening his medical marijuana dispensary with a grand ribbon-cutting ceremony.

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80 US OH: Column: U.S. Needs To Modernize Policy On MarijuanaFri, 13 Mar 2009
Source:Repository, The (Canton, OH) Author:Page, Clarence Area:Ohio Lines:100 Added:03/14/2009

When Charles Lynch asked local officials for permission to sell an herbal medicine in the central California town of Morro Bay, they granted it to him -- even though the medicine was marijuana.

That's because marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws. Illinois, Iowa, Minnesota and New Hampshire are among about 10 states that have been debating similar measures.

So Charlie applied for a business license, joined the chamber of commerce, talked to lawyers and even called the Drug Enforcement Administration before opening his medical marijuana dispensary with a grand ribbon-cutting ceremony.

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81 US ND: Column: Reform Outdated Medical Marijuana LawsThu, 12 Mar 2009
Source:Grand Forks Herald (ND) Author:Page, Clarence Area:North Dakota Lines:101 Added:03/13/2009

Putting the brakes on medical marijuana raids is only one small step of the many that still need to be taken toward a sensible drug policy after years of backpedaling by President George W. Bush.

CHICAGO - When Charles Lynch asked local officials for permission to sell an herbal medicine in the central California town of Morro Bay, they granted it to him - even though the medicine was marijuana.

That's because marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws. Illinois, Iowa, Minnesota and New Hampshire are among about 10 states that have been debating similar measures.

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82US LA: Column: Turn Around The War On Medical MarijuanaThu, 12 Mar 2009
Source:Advertiser, The (Lafayette, LA) Author:Page, Clarence Area:Louisiana Lines:Excerpt Added:03/13/2009

When Charles Lynch asked local officials for permission to sell an herbal medicine in the central California town of Morro Bay, they granted it to him - even though the medicine was marijuana.

That's because marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws. Illinois, Iowa, Minnesota and New Hampshire are among about ten states that have been debating similar measures.

So Charlie applied for a business license, and even called the Drug Enforcement Administration before opening his medical marijuana dispensary with a grand ribbon-cutting ceremony.

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83 US SC: Column: Obama Should Reverse Bush PoliciesFri, 13 Mar 2009
Source:Sun News (Myrtle Beach, SC) Author:Page, Clarence Area:South Carolina Lines:86 Added:03/13/2009

When Charles Lynch asked officials for permission to sell an herbal medicine in the central California town of Morro Bay, they granted it to him - even though the medicine was marijuana.

That's because marijuana recommended by a doctor has been legal in California since 1996. A dozen other states have passed similar laws.

So Charlie applied for a business license, joined the Chamber of Commerce, talked to lawyers and even called the Drug Enforcement Administration before opening his medical marijuana dispensary with a grand ribbon-cutting ceremony.

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84 US IL: Column: Is It Reefer Madness?Thu, 12 Mar 2009
Source:Chicago Tribune (IL) Author:Page, Clarence Area:Illinois Lines:92 Added:03/12/2009

White House Moves to Revisit the Medicinal Marijuana Issue

When Charles Lynch asked local officials for permission to sell a herbal medicine in the town of Morro Bay on the central coast of California, they allowed his request--even though the "medicine" was marijuana.

That's because marijuana prescribed by a doctor has been legal in California since 1996. A dozen other states have passed similar laws. Illinois, Iowa, Minnesota and New Hampshire are among about 10 states that have been debating similar measures.

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85 US: Web: The Judge Who Ruled Marijuana Is MedicineMon, 02 Mar 2009
Source:CounterPunch (US Web) Author:Gardner, Fred Area:United States Lines:302 Added:03/05/2009

Most drug-policy-reform advocates know the name of Judge Francis Young and many can quote a line from his 1988 recommendation that the DEA remove marijuana from Schedule One: "Marijuana is one of the safest therapeutically active substances known to man."

Few if any activists know the name of Judge James A. Washington. And whereas Judge Young's recommendation was rejected by the DEA, Judge Washington's decision in United States v. Robert Randall had an actual and significant impact.

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86 Web: Hot Off The 'Net and What YOU Can Do This WeekFri, 27 Feb 2009
Source:DrugSense Weekly (DSW)                 Lines:122 Added:02/27/2009

************

AREN'T DRUG WARRIORS FUNNY?

By Pete Guither at DrugWarrant.com

"Smoking marijuana causes people to wear the same trench coat for 20 years. That's why it's illegal!"

http://blogs.salon.com/0002762/2009/02/24.html#a3314

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WILL LEGALIZING POT SAVE CALIFORNIA FROM ITS CASH CRUNCH?

By Bruce Mirken, Marijuana Policy Project

A new bill could make marijuana California's newest cash crop.

http://drugsense.org/url/1QZh5vXn

************

By Kristin Bricker

Yesterday the House Passed 2009 Plan Mexico Funding Despite Mexico's Failure to Comply with the 2008 Funding's Human Rights Conditions.

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87 US HI: LTE: Supreme Court Ruled Federal Laws ParamountFri, 20 Feb 2009
Source:Maui News, The (HI) Author:Faux, Robert Area:Hawaii Lines:47 Added:02/24/2009

It is unfortunate that Rep. Joe Bertram has proffered the notion of "dual sovereignty" on medical marijuana as if it were an established legal principle exempting Hawaii from federal law (Viewpoint, Feb. 13).

The U.S. Constitution gives Congress the authority to make laws within the constitutional framework that govern all people in all states, even if some states don't agree. The U.S. Supreme Court is the final arbiter in the interpretation and application of the Constitution and those laws, not the states. There is no "sovereignty" of the states equal to the U.S. government.

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88 US MO: Edu: Government Should Consider Legalizing MedicinalThu, 19 Feb 2009
Source:Northwest Missourian, The (Northwest U, MO) Author:Taylor, Jake Area:Missouri Lines:85 Added:02/20/2009

Why can't we smoke dope . when we are sick?

In 2005, the U.S. Supreme Court ruled in Gonzales v. Raich 545 U.S. 1 (2005) that the federal government may ban the use of marijuana, even for medical purposes, under Article 1, Section 8, Clause 3 of the U.S. Constitution (a.k.a. the Commerce Clause) which allows the federal government to "regulate Commerce.among the several States."

The bench used the Commerce Clause to say that the marijuana trade (even though illegal) is just that - trade. Therefore, Congress can pass laws that regulate the use and control of marijuana.

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89 US WA: Edu: Column: The War On Phelps: A Legal DistractionWed, 18 Feb 2009
Source:Daily Evergreen, The (Washington State U, WA Edu) Author:Mathis, Gavin Area:Washington Lines:87 Added:02/19/2009

As Somewhat Shamed Swimmer Continues To Make Splashes, The War On Drugs Continues Unsuccessfully

I'm not sure if USA Swimming's impotent three-month suspension of Michael Phelps is worse than the media's hysteria over 'the bong incident,' but one thing is certain: Phelps is the latest scapegoat in the war on drugs. Drug-related issues are a perennial scare tactic because they stir voter emotions and maintain the press's ratings. The outrage triggered by the infamous bong photo proves America's faux war on drugs still exists.

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90 US CA: OPED: Medical Marijuana Law Is ImperfectSun, 15 Feb 2009
Source:San Bernardino Sun (CA) Author:Hoops, Sheriff Rod Area:California Lines:66 Added:02/15/2009

I read with interest the guest commentary written by F. Aaron Smith regarding the San Bernardino County Sheriff's Department's policies on medical marijuana. (Re: "Medical pot policy needs change," Feb. 2.)

As incoming sheriff, I will take the opportunity to review our practices and policies in regard to a number of issues. I appreciate Mr. Smith's opinion, and as a public servant, value any citizen's input when it comes to how we do our job.

The county of San Bernardino is a party to a lawsuit which is asking for clarification of the conflict between federal laws which prohibit the possession of marijuana under any circumstances and the state's medical marijuana law which allows possession to authorized users and their caregivers. This action is being litigated by salaried county counsel at no additional cost to taxpayers.

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91 US NC: Should Smoking Marijuana Be A Medical Option?Sun, 18 Jan 2009
Source:Greensboro News & Record (NC) Author:Alexander, Lex Area:North Carolina Lines:292 Added:01/18/2009

Rocky Hoveland of Greensboro suffers pain from spine, neck and back injuries.

For a long time, he took prescription painkillers. But the drugs often left him dazed, if not null and void.

Then about 10 years ago, he began using marijuana to treat the pain. He found that it didn't eradicate the pain, but it made it more manageable.

"It keeps me from being in that haze of wanting to sleep all day or feeling hung over all day," he said. The prescription medications "were making me lay down, and I ain't one to lay around."

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92US NJ: OPED: Compassionate, But Still IllegalTue, 30 Dec 2008
Source:Times, The (Trenton, NJ) Author:Sullivan, Gregory J. Area:New Jersey Lines:Excerpt Added:12/30/2008

The movement in the New Jersey Legislature to enact the New Jersey Compassionate Use Medical Marijuana Act has much to recommend it. It is in fact a sound policy to allow those suffering great physical pain to use marijuana to relieve various symptoms. Nevertheless, creating an exception for the medical use of marijuana under state law does not create an exception under federal law. By using state law to sanction marijuana use in the medical context, New Jersey will be encouraging a violation of federal law. That is a problem that must be resolved before the policy deserves full support. The proposed New Jersey statute is admirable in the care with which it sets forth the medical exception. It cabins the possibility of abuse as well as can be expected. That is to say, it establishes a narrow, meticulously circumscribed exception to the general prohibition on marijuana use. The premises for the exception are found in the legislative findings, which include:

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93 US: Web: Could Obama's Pro-Marijuana Commerce Secretary Spell a Golden Era for PThu, 18 Dec 2008
Source:AlterNet (US Web) Author:Thill, Scott Area:United States Lines:185 Added:12/19/2008

December has been an interesting month for marijuana, or cannabis as it is known to scientists and all too few others. To kick off the month, the U.S. Supreme Court decided against reviewing a California state appellate court ruling arguing that its medical marijuana law trumped federal law. That, in effect, set the stage for better implementation of medical-marijuana law in not just California, but every state that has one, while also reminding local police that the job of enforcing federal drug policy is, in fact, not its job.

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94 US: Web: Federal Law Does Not Trump State Laws on Medical MarijuanaFri, 12 Dec 2008
Source:DrugSense Weekly (DSW) Author:Kubby, Steve Area:United States Lines:77 Added:12/12/2008

Last Monday, the U.S. Supreme Court Monday quietly, but overwhelmingly destroyed the allegations by state law enforcement that, "Federal law trumps state laws on medical marijuana."

The Supremes declined to review a lower court decision that ordered Garden Grove, California, police to return marijuana seized from a medical marijuana patient. In November 2007, the California Fourth District Court of Appeal had ordered the marijuana returned, finding that "it is not the job of local police to enforce federal drug laws."

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95 US WI: Are Marijuana Laws Changing To Keep Up With Public Opinion?Wed, 03 Dec 2008
Source:Shepherd Express (Milwaukee, WI) Author:Kaiser, Lisa Area:Wisconsin Lines:269 Added:12/03/2008

A Shepherd Q&A With High Times Editor David Bienenstock

People have been smoking pot ever since they discovered that sparking one was good clean fun. So why do we need The Official High Times Pot Smoker's Handbook, published just in time for the holidays? Editor David Bienenstock explains that even an experienced stoner could learn a few things-as well as get involved in the larger marijuana movement to make pot smoking legal, especially for those who are chronically ill.

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96 US MD: Edu: The Benefits of Decriminalizing Marijuana Use in MarylandTue, 14 Oct 2008
Source:Retriever, The (UMBC, MD Edu) Author:Tchiegg, Brian Area:Maryland Lines:120 Added:10/16/2008

Maryland is one out of the 11 states to include provisions for the use of medical marijuana in their drug laws. In 2003, former Governor Robert Ehrlich signed the medical marijuana affirmative defense law which allows defendants to make a case based on their medical need. Although Maryland is one of the more progressive states to pass such a clause, it still has some of the harshest penalties for recreational use and medical marijuana users can only make their defense after an arrest.

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97US CA: McNerney Changes Medical Marijuana StanceSat, 12 Jul 2008
Source:Alameda Times-Star, The (CA) Author:Richman, Josh Area:California Lines:Excerpt Added:07/11/2008

Rep. Jerry McNerney is now willing to vote for an amendment he'd opposed last year that would bar the federal government from spending money to arrest or prosecute medical-marijuana patients in the states - -- including California -- where medical marijuana is legal.

"In the past year, the congressman has met several patients with debilitating illnesses that use doctor-prescribed medical marijuana," McNerney spokesman Andy Stone said Friday. "Hearing their stories, he feels that he cannot in good conscience deny doctor-prescribed treatment to a person that experiences excruciating pain on a daily basis."

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98US WA: OPED: Medical Marijuana Is Needed by Seriously IllTue, 08 Jul 2008
Source:Seattle Post-Intelligencer (WA) Author:Bigelow, Allison Area:Washington Lines:Excerpt Added:07/08/2008

The federal government is waging war on some of our most vulnerable citizens, who Washington voters have acted to protect. Soon, our congressional representatives will have the chance to stand up for those people -- seriously ill patients who need medical marijuana.

This is an issue we both know personally. One of us is a physician and researcher specializing in rehabilitation medicine and neuromuscular diseases such as ALS ("Lou Gehrig's disease"). The other is a cancer survivor who got through the nausea and vomiting caused by chemotherapy with the help of marijuana, and who has again found relief with marijuana from the chronic pain caused by injuries in a car accident.

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99 US: Web: All Indicators Point to a Softening of America's Harsh Marijuana LawsTue, 03 Jun 2008
Source:AlterNet (US Web) Author:Zaitchik, Alexander Area:United States Lines:197 Added:06/04/2008

With Key Medical Marijuana Ballot Initiatives Likely to Pass, and a More Pot-Friendly Majority in Congress, There Is Room for Optimism.

You have to hand it to the Republican National Committee: Those guys really know how to pick the wrong fight.

John McCain, already running against the public opinion grain in support of the Iraq War and Bush tax cuts, received no help from headquarters last month when the RNC made medical marijuana a campaign issue. After Barack Obama told an Oregon weekly that he would end federal raids on medical marijuana users and providers in states with compassionate use laws, the RNC pounced. Obama's position, said an RNC statement, "reveals that (he) doesn't have the experience necessary to do the job of President (and) lacks the judgment to carry out the most basic functions of the Executive Branch." Because the Supreme Court has ruled that federal drug laws trump state drug laws, the RNC reasons that halting federal raids would be tantamount to ignoring the law.

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100 US CA: OPED: Raiding States' Rights?Tue, 22 Apr 2008
Source:Los Angeles Times (CA) Author:Sullum, Jacob Area:California Lines:166 Added:04/23/2008



Do federal raids of legal local marijuana dispensaries violate state sovereignty? Charles 'Cully' Stimson and Jacob Sullum debate.

Today, Stimson and Sullum debate the federal government's assertion of authority in states where certain kinds of drug use are legal. Previously, they compared drug legalization and decriminalization. Later in the week, they'll discuss drug-related violence, admitted substance use by successful politicians and more.



The law is on the feds' side

By Charles "Cully" Stimson

The answer to today's question -- not just mine, but the Supreme Court's -- is no.

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