Humboldt County Woman Suing to Stop Eviction From Federally Subsidized Housing After Small Amount of Medical Marijuana Was Found

Medical marijuanaA local attorney is arguing that the U.S. Food and Drug Administration’s recent decision to approve a medication derived from cannabis cancels their previous position that marijuana has no medical value.

Courthouse News Service is reporting that his client, Emma Nation, a Humboldt County resident, is suing the Trump administration.

Nation, they said, is “seeking an injunction to stop a local housing authority from evicting her from federally subsidized housing because she uses medical cannabis in edible form.”

Her attorney, Frederic Fletcher, argues, according to Courthouse News, that the recent approval of the epilepsy medication by the FDA means that it can no longer argue that marijuana has no medical value. Frederic Fletcher said, “We don’t even need to go there. The FDA has already done that part.”

Read more about Nation’s case here.

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83 comments

  • Marinol was a synthetic derivative from the THC in marijuana and approved by the FDA in the 1990’s. So, why was nothing said about marijuana’s medical use and rescheduling then? Seems like now that corporations and governments (same thing in my eyes) see the tax revenue to be made by legalizing it, now it’s okay. If the government truly cares about plants that harm our fellow citizens, tobacco, poison ivy, and poison oak would all be illegal and eradicated (and so would Round Up, but that’s a another story.)

  • Dear Federal Government;

    It’s 2018!

    Sincerely,
    – California

  • Alt Right For Life

    Medical value isn’t the issue, the issue is rules were broken, she voided a contract when she brought dope on the property.

    Evict the dope head but someone else in who will follow the rules.

    • Something has been irritating me about this article. I have always been drug free and busted my hass to pay for living expenses to a place to only come home to for sleep, with never 1 penny from the dammed government, yet the government gives people homes to live in all the time?? Either EVERYONE should be given assisted housing or nobody should. Drug free or not. AND with the government out of the rental market maybe the rent prices will go down! A wonderful socialism mess we are living in.

  • Best of luck to her and her lawsuit.

    We lost a good neighbor due to a federal inspector who dug thru her trash and found a roach, she has had weed for a long time for her arthritis, she is the very definition of a good citizen, and elderly and single.
    The federal rules were in place because of federal senior housing subsidies…but a zealot inspector found a roach.

    They gave her 30 days to get out after she had been on a senior housing waiting list for years. we suspect a teabagger neighbor complained about her, the rwnj complained about everything all the neighbors did.

    • Yeah, that’s probably who snitched her out, those damn right wingers. You should have taken her in. That would have shown them.

    • The blaming of the party that demands a smaller constitutional govt made me laugh out loud.
      The blaming of the parties that demand a larger, all encompassing govt is more accurate.
      If you don’t want the govt ordering you around, then don’t demand for them to take charge of your schools, housing, food, meds, marriage, transportation, air, water, thoughts, words, beliefs, children, and where you can work, live or play.

      • local observer

        the right wing use to be the party that believes what happens on your own property is none of anyone’s business. not anymore, they are full of fear. you can thank the [edit] for that. this entire problem we see today started in mid 2010 and has only grown worse with trump. I was accused of having a massive indoor grow by my [edit] neighbor, I have a massive shop, the kind with tools and bright light for safety. instead of telling him he was an idiot and that I would sue him if his actions harmed me, I decided just to show him my shop.

        • You have skipped over the ‘until the tea party was infiltrated” part.

          Also, another point that is necessary to make is, not every person is either wearing angels and halos or red horns and tails. Most people fall into the grey area.. they swing according to whatever suits their immediate knowledge on any given issue.
          Your neighbor was/is an Ahole first and foremost, despite their political leanings. It’s your job to discern the difference.

        • What happened in the real (read not fantasy) world was the left and right both sucked up the poison thrown off by the internet and politicians. Both assimilated ideas that were irrational, cultivated hate as if it was a positive virtue and most of all would not try to understand was each was saying for even a split second. Each found a sizable part of the citizenry to be worse than Hitler or worse than Stalin, depending on their political leanings . Name calling and insults prevailed at the lowest level they could stoop to.

          Poor souls. The left hated George Bush. If course so did the right ( if bothering to listen) but it was the left that gloried over the defeat of the right, deciding that the Jubilee had come with Obama. They let their passions over just about everything run away with what little tolerance they had- it became a sign of the New World Order to attack everything not in accord with their constant outrage. Disagree with the smallest tenet and the villagers came with torches and pitch forks to slay. Now of course the left’s attack on Bush looks overblown, comparing him to Trump. So sad, too bad now. You’d have thought they’d learned to tone down the insults if for no other reason than to have some ammunition left in case some real bad arose.

          And none it needed to be at all. The sweeping and silly generalizations just show that listening, much less trying to understand, is still an anathema.

          • ignorance causes fear. my computer is on mute and I don’t have cable. we watch DVDs we choose for entertainment. I don’t listen to the radio, I listen to cds I choose to listen to. I have a closet full of tiny violins to hand out to complainers. you have been brainwashed.

            • Bingo you’ve got them PEGGED!

              • Sadly, although I hate to find any parallel at all with local observer, I only watch DVDs and my computer is also on mute. I however know that means nothing as far as wisdom and understanding goes. It simply means I don’t like being hectored. I’m short tempered.

                The most egregious ugliness in rabid anti anythings is their tendency to confuse what is their own thoughts with what exists and that there can only be one acceptable view point. So, they believe, if the view point is not that same one, the holder of that wrong view point must be (enter any one of a string of insults) and it is fair game to attack them viciously.

                In reality hardly anyone is either good or bad. Most all are a bit of both. And few of those who think to insult others in a series of one liners are as smart as they think they are. So it behooves all to treat each other with a little more courtesy because the dumb ass you think you may be showing up by your insults might just be yourself.

          • The left did not hate Bush. The left lamented having a peabrain for President, similar to but not the same as despising Hair Hitler Chump trump. It’s the right that hated LOSING to a BLACK MAN for President TWICE IN A ROW!

            • local observer

              the main agenda for trump is to reverse everything a black man did as president. I wasn’t around in the 60s but something tells me the next couple of years are going to be worse. meanwhile asphalt melted down under today while the US places a Coal lobbyist as head of the EPA.

              • How unthinking these responses are. You drag racism into it simply because a difference in race between the majority and the President existed. However that ignores he got elected twice by people voting for him who would not vote for Clinton.

                No wonder Trump won against all odds. The arrogance and self righteousness and aggression of the left made it impossible to shine on the voting public about Clinton. Your idea will certainly be that Russian trolls “interfered” with the defective thought processes of racist and uneducated white people. Russian trolls were not necessary as the massive self satisfaction of the left in announcing constantly how everyone who thought differently was uneducated and racist was an effective Clinton repellent all by itself. If Clinton had been a saintly, charismatic character, you all certainly screwed her chances all by yourself, hateful folk that you are.

            • You are not all there buddy….sorry…comparing to Hitler is insane and makes you look nuts……vote republican if you want a better USA …..serious read a book do you even know what Hitler did ..you crazy…?.. So glad the majority is not like you…seriously thank god….you all keep it up and its for sure win again for trump…lol…..go trump….😃

              • Hail Bevis

                • That makes a series of 3 posts where reading the comment needed to come before responding to it. Reading every third word does not count as reading. Stop leaping to conclusions. It’s too exhausting to keep up.

            • In my 1911 I trust

              What’s him being a black man got anything to do with it?

  • Brilliant suit. Fingers crossed.

  • Back up the boat

    There is a heck of a lot more going on in subsidized housing than someone smoking pot. Seriously? How about the drug dealers and meth heads that live in the housing? This makes me laugh.

  • I like stars too!

    I love that subsidized housing in Humboldt is full of folks from Oakland and other places where none was available. Also, as someone who has Social Security income above the stupid low income limits arbitrarily placed on Subsidized Housing, I am unable to live there! Fuck all of this!

    I will file suit also.

    Meanwhile, if you can’t follow the rules, get the fuck out! Tough shit!

    AND: Marijuana is not recognized as medicine. It has no medical value. It does cause old ladies to act stupid and entitled, and causes them to file frivolous lawsuits when they get in a bad mood.

    As a lifestyle choice, moving to Humboldt to live in Subsidized Housing and smoke dope, is probably not the best idea! No wonder they all become drug dealers!

    Marijuana is an intoxicant who’s primary value is causing Heroin addiction and sexual difficulties. It also causes women to act masculine and men to develop breasts and act like whiny little girls… Also, many rapists started out smoking dope, and the guy who takes photos up your skirt with a selfie stick: probably a doper!

    Do yourself a favor. Don’t smoke that shit! Seniors: Don’t deal those pain pills you got by going to 25 doctors!

    Smoking Dope caused all this.

    Shame on you!

    • Fish food

    • It hard to believe that people believe this propaganda still. It’s so hard to read such ignorance. I’ll probably be edited out anyway because, I like stars too seems to have all the say anyway! [edit]

      • You are unlikely to be edited if you attack the message not the messenger. For instance, if you were to offer reasons why cannabis is medicinal that won’t be edited. Accusing someone of lying when they are expressing their opinion will be.

        See the rules here: http://kymkemp.com/2018/05/20/commenting-rules-on-redheaded-blackbelt/

      • Contemporary Satire 4 you!

        Actually, Mr Too! is entirely correct! Marijuana is responsible for most of the social erosion we are commonly experiencing in Northern CA, from Mexican Drug Gangs to total control of all politics and workplaces by Zaftig Tattooed Women!

        Heroin Abuse is mostly precipitated by chronic Marijuana use, and Marijuana has no peer-reviewed, dose related medical effect of any kind! If it does have any efficacy as medicine, it mostly can be attributed to inducing paralysis, mental and physical, in the case of local Indica, since the patient is too stoned to complain about further symptoms…

        In the case of Subsidized Housing being locally occupied by “outsiders”, you will have to verify this by your own poll. Start in Garberville.

        Old people can live there, but not if they have income over $5/month. See the comment above about transition from Agriculture and Timber to Welfare…

        If you have a problem with the statements made by Mr Stars Too, I suggest you construct some convincing arguments of your own.

      • Who needs stinkin’ facts. And fake news is any news I don’t like. So easy.

    • not an ounce of truth in any of that.

    • Just some casual reading http://www.beyondthc.com or do some historical research on Dr. Wm. Brook O’Shanughnessy to learn more.

  • Lawsuits are an insanely powerful tool. Frivolous say some? It will likely pay handsomely because that’s business.

    • Groba dude trustafarian osnt

      But the suit will only be filed if it will make a lawyer some money!

      • Your point? The suit HAS been filed. And will likely result in a settlement because trials are expensive and juries sympathetically often award more huge sums than simply tossing out a 5 figure sum to make it go away….

        • The Entropic Empath

          Why would it result in settlement? It’s a federal case.

          The woman entered into a contract which stated she would comply with rules. Upon pain of eviction.

          She broke the rules and got caught.

          Some argument about the alleged legality of Cannabis products is real cute, but has nothing to do with the rental agreement!

          Obviously there is something else in the background and unmentioned here… Is she a management problem? Does she pay here rent on time? Has she made other problems or made herself a pest in other ways?

          As a landlord, you learn that some folks bring lots of fucking drama, and cause problems. When your tenant sues you, you may not want that tenant around. I wouldn’t put up with much of this kind of behavior for very long… Has she threatened to sue, has she sued before?

          Drug addicts suck! I would evict you in a second!

          I predict this claimant will lose, and I think her attorney is an idiot.

          • Extortion by attorney. It is cheaper to settle with the settlement as high as careful analysis can make it. It doesn’t have to be good or true, the plaintiff’s attorney just has to convince the county’s attorney that he’s pit bull enough to make them pay so much for a victory that they will give up.

            • Guest gets it. Until u see the civil litigation process in action you think it has to do with right and wrong.

          • Entropic Empath: I feel your anger. I am glad it’s confined within this thread and not unleashed on the unsuspecting. Good job using your words.

  • The Myth of Authority, the most dangerous superstition in the world.

    https://www.youtube.com/watch?v=0k4pXwmis7A&t=5s 18 mins.

  • The epilepsy drug is not sold as edibles at your local pot store. It will be prescribed by an MD not the kid behind the counter.
    Pot, weed, MJ or whatever you want to call it is not Federally recognized as anything other than Ldvel 1 narcotic till that changes they will prosecute, arrest, and evict.

  • Oh but I thought weed was legal? Isn’t that why we have bankrupted our county and thrown our neighbors into poverty- for freedom and such?! Wah wah wah

  • Canada!

    Where freedom is not just some bullshit they tout in a car commercial or tweeted by some mentally unstable, morally corrupt politicians.

    • you can’t even visit there if you have a dui

      • That’s because you’re a criminal if you have a DUI.

        Seems fair. It is their country.

      • Visiting? that would mean that you are not a citizen of Canada. A US citizen cant get into China, Japan, Malaysia, Iran, New Zealand, Iran or UAE contries if you have a dui. Try entering the USA with a criminal record. You can’t, and neither can your spouse or kids.

        Good luck Emma Nation.

        • In my 1911 I trust

          People enter our country with criminal records all the time. Pretty easy when you don’t have a damn border

    • Congrats on legalizing cannabis in Canada. Freedom: Liberty!

  • The lawyer says? Well, yes he does. However a lawyer’s statement should not be taken at face value ever. It is always self serving. There could be a car wreck caused by a drunk driver and their attorney will not mention the impairment but instead, like a stage magician, will try to direct the blame at the county for allowing a mailbox to be put by the side of the road. It would not surprise to find this last was a just the hook for getting a PITA tenet out. Especially since eviction takes a lot of time and must have been going on for months what with appeals and such. Oh well. Money will be the lawyer’s and he will be having fun in the meantime.

  • So what is her affliction that requires medical marijuana??

  • What ever happened with mr. Ed Densons county lawsuit? Any word on that @kymkemp

    • Still moving forward.

      • Thanks Kym. @perspective – no the lawsuit is about the county allegedly changed who was taxed among other things (the county currently sends the tax bill to the landowner instead of the person who actually holds the cultivation permit) which is not the rules that got voted on. There’s a few other things also but Basically in a nut shell, they changed a bunch of rules without voters consent. Hope mr Denson sticks to his guns and rains victorious in court

    • Why sue? The county already said if you didn’t plant a crop in 2017 and you paid the cultivation tax, they will refund money. Is the lawsuit for people who planted, grew out and sold black market AND paid taxes in 2017? Funny!

      • Answered your question above. Also when did the county say that? I really doubt there refunding anyone’s money. If that’s the case everyone would just say they didn’t cultivate. Plus word is they already spent all that tax money on a fancy new satellite imagery system that updates all of humboldt once per month.

        • I hope that such a gaping loophole as billing the permit holder instead of the property owner is allowed. That would be a wonderful thing for criminal growers who simply have a shill get the permit then waive off any fines for unpermitted work done on their land by say they didn’t know the permit holder didn’t have permission. The county would never be able to collect a fine.

          • But as it is now the county sends the bill to the property owner and NOT the person who actually holds the permit

            • I meant” is not allowed. “

            • In my 1911 I trust

              The county tried to sneak one by and change the tax code big time and got caught with their hand in the cookie jar. The big issue here is that they did it without voter approval. So unless you are ok with governments circumventing democracy and changing tax codes in order to help themselves to more of your money without permission, this is a pretty big deal. It doesn’t matter if the gov’t says its only for pot, this affects all of us. Tax on pot one day, property taxes the next

              • Frequently laws and regulations are passed that are internally in conflict or unadministerable. That is why they always go to an analyst whose job is to make it workable. It not only sometimes happens. It always happens.

                The only alternative to the property holder being responsible would be to demand the permit holder be bonded before permits are issued. Otherwise it becomes de facto unenforcable in an industry historical riddled with law breakers. Which I suspect is why some are making such a point of it.

            • About the “refund”, Estelle said and I can’t quote exactly, “We will refund taxes collected if the farmer did not plant. Of course they would have to prove it” That was said during an interview when this issue came up.

              • Which I heard involves sending a picture of vacant grow scene with a copy of a newspaper with date visable in the image …Lol pretty hokey Humboldt.

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