The Uncertainty Principle for Legal California Cannabis Businesses After Sessions Rescinds Cole Memo

Businesses in all industries mostly prefer to work in stable, predictable environments. Buying permits and licenses, setting up storefronts, building facilities up to code, and training employees costs money and takes time. And if the rules change mid-stream, then more money and time must be spent to adapt.

Cannabis businesses which are already struggling in a new industry with changing rules are worried about Attorney General Jeff Sessions rescinding the Cole Memo this week.

Without a stable business climate, legal cannabis businesses will find it difficult to thrive. Marijuana related stocks plummeted after news of Sessions’ actions began to be reported. According to CNN, the leading marijuana index lost 25% of its value on Thursday following Sessions’ announcement. Politico reported that even mainstream companies such as Scotts Miracle-Gro Company were affected–their stock price dropped more than 5% as a result of Sessions’ decision.

Slate, an online magazine with a liberal slant, argues,

What comes next? Prosecutions—big ones. Eight states and the District of Columbia have legalized marijuana for recreational use. In light of state law and the Cole memo, growers and distributors have made no effort to conceal their businesses. They’re sitting ducks. Federal prosecutors can easily charge them with possession, distribution, even racketeering. Participants in the cannabis economy face decades in prison for doing their job. Prosecutors could also go after individual users who obtain their marijuana openly and lawfully, scaring customers back to the black market, which will undoubtedly prosper from Sessions’ move.

With Sessions’ decision, federal prosecutors in each district could now choose to crack down on cannabis businesses within their district which, while following state laws legalizing marijuana, are not within federal guidelines which allow for severely prosecuting growers, distributors, and even those merely possessing cannabis.

The four judicial districts in California.

The four judicial districts in California. [Graphic from here]

California is divided into four federal judicial districts–South, Central, Eastern, and our Northern District. In spite of their names, the districts only roughly conform to their geographical descriptions with, for instance, the Northern District running from south of San Francisco to the Oregon border in a thin strip along the West Coast.

Trinity County is in the Eastern District but Humboldt, Mendocino, and Del Norte are in the Northern District.

Each of these districts has a United States Attorney that files federal charges–typically much more severe than state charges for the same crime. Two of those US Attorneys—in the South and Central Districts of California–are temporary or interim appointments until the Trump administration nominates someone to fill the positions permanently. The interim attorneys, were appointed by Sessions and presumably sympathetic to his agenda. The Eastern District is led by US Attorney McGregor “Greg” Scott who was nominated by Trump and is awaiting confirmation by the Senate.

The Northern District was led by US Attorney Brian Stretch who was appointed by the Obama administration. Then on Thursday, he announced he would be leaving the post. According to the San Francisco Chronicle, Stretch said that Session’s actions didn’t affect his decision to step down. He said that he had planned to leave and it was simply time to move on. Presumably, Sessions will appoint someone to replace Stretch temporarily until President Trump nominates someone to fill this position. [UPDATE: On Sunday at 9:34 a.m., the Department of Justice announced that the acting US attorney would be Alex G. Tse who had served under Stretch and was the Chief of the Office’s Civil Division from 2012 – 2015.]

According to the East Bay Times,

During Stretch’s tenure, federal [marijuana] charges were rare but not unheard of. In 2016, his office filed federal drug trafficking charges against a suspected large-scale trafficking ring that was connected to a homicide in Mexico and last year, charged a New Orleans man with marijuana trafficking before securing a conspiracy to commit murder indictment months later.

California’s new recreational cannabis laws may now be shaken at its foundation by its four federal judicial districts led by attorneys appointed by either Sessions or Trump.

Perhaps more importantly and most disturbingly for cannabis businesses, “Enforcement is “going to vary from district to district,” said Timothy Purdon, a former U.S. attorney for North Dakota,” according to a report in the Washington Examiner.

The black market which doesn’t have permits, licenses, and, for the most part, storefronts, to worry about will be affected less by the instability Sessions’ decision engenders and it may actually be revitalized by prosecution of legitimate cannabis state businesses.

Facebooktwitterpinterestmail

Join the discussion! For rules visit: https://kymkemp.com/commenting-rules

Comments system how-to: https://wpdiscuz.com/community/postid/10599/

Subscribe
Notify of
guest

This site uses Akismet to reduce spam. Learn how your comment data is processed.

92 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Taurus Ballzhoff
Guest
Taurus Ballzhoff
6 years ago

This is a last-ditch effort by the government to punish the evil potheads, and throw a monkey wrench into legalization.

Which is more stupid, allowing cannabis to be freely consumed, like the commodity it is, while collecting stiff taxes and closely regulating it’s distribution, or to confuse and obfuscate the actual legal status, at one minute to midnight, in an attempt to continue the impossible prohibition?

Well, our country has a long history of tying things up in litigation, look at the problems Mr Trump has had… Did anyone expect this to go smoothly?

The legalization of weed is only occurring about 50 years late: I was in my early 20’s when the first ballot in CA was shot down, now I am mid-60’s and we are still fighting the government over this! I haven’t smoked pot in years, couldn’t care less if you do, but I do care that the country can’t get past allowing people to make their own choices in a truly free economy, and that the US is unable to discard nanny-ism and go forward.

Ultimately, the rich have to apply pressure, since the government only responds to legal opinions and the desires of those with the gold.

We can only vote, write to legislators, and carry on. Do what you can, hopefully it won’t take another 50 years…

Conservative Stupidity
Guest
Conservative Stupidity
6 years ago

Excellent comment. I thought cannabis would be Federally legal by now but that underestimated the peabrain party of STUPID Conservative Republicans congenital useful pawn idiot nature. Whatever the case may be, it won’t stop us from using cannabis and if losers don’t like it, all the better.

HOGRANCH
Guest
HOGRANCH
6 years ago

PEOPLE HAVE BEEN SMOKIN WEED FOR HUNDREDS OF YEARS LAWS OR NO LAWS, SO WHAT IS THE BIG DEAL? MOM AN POP STILL GOT A JOB, AN HAVEN’T BEEN FORCED OUT OF BUSINESS, BY BIG DOLLAR FORTUNE 500 COMPANY,S, PUKING BILLIONS INTO STATE POLITICIANS POCKETS. THE SMALL GUY STILL LIVES, AN TRY’S TO THRIVE. IF FEDERAL LAWS STAY THE SAME MOM AN POP WILL BE OK.

?
Guest
?
6 years ago
Reply to  HOGRANCH

WHAT?

Ernestine
Guest
Ernestine
6 years ago
Reply to  ?

You have heard haven’t you that legalization is vacuuming the money out of our local economy? No one can get paid to do diddly/squat locally.

Veterans friend
Guest
Veterans friend
6 years ago
Reply to  HOGRANCH

People have been consuming cannabis unimpeded by law for millenia. Only in the last 80 years has ANYONE given a rat’s ass.
The laws regarding the production & consumption of cannabis are the product of irrational minds. I include the current “legalization” movement.
IT IS A NATURAL PLANT. ANY ATTEMPTS TO BAN OR REGULATE IT ARE IRRATIONAL

Guest
Guest
Guest
6 years ago

Hemlock, nightshade, heroin and jimson weed are also natural. So whatever…

Commoncents
Guest
Commoncents
6 years ago
Reply to  Guest

H is synthesized [edit]

LabeledaNazi
Guest
LabeledaNazi
6 years ago

So are mushrooms,coca plant and opium….your point?

Miggy
Guest
Miggy
6 years ago

Not irrational minds. Corrupt minds.

Brian
Guest
Brian
6 years ago

Many Republicans are pro-medical cannabis and /or support more lenient laws.

Let’s try to not always separate into a party war.

Sessions is a minority in his own club.

Sessions wins against Weed because Trump was elected!!
Guest
Sessions wins against Weed because Trump was elected!!
6 years ago
Reply to  Brian

Sessions IS the Attorney General. To discard his position is a mistake. And it only works if Trump is ousted in 2020. Read the Cole memo and then the Sessions memo. Sessions has a lot of authority because of his position. If you think him incorrect in the move against legalization of weed you better become an active citizen in your Constitution, which mandates we live under, and states “Gov’t BY the People”. Trump is in office because few people took part in the Constitution of our Gov’t. This only works if there is Gov’t, “BY the People” and more than 40% of legal voters in California bother to vote. Nationwide average an average of only 38% of legal voters voted. And the choice of two unacceptable candidates (my view only) emerged because of Americans individually not becoming active in their election process. If Sessions is successful in curtailing the free legalization of weed you got what you deserved. Quit bitching and get involved. Too many Americans are very good at complaining, but have little idea of how Gov’t works. Australia and Canada have similar Gov’ts and yet in Australia 96% of legal voters vote in elections. Just because you didn’t like the people running is just a lame excuse to not being involved or worse yet NOT voting. Every ballot has a line for a write-in vote. Or you had three other candidates to vote for.

Brian
Guest
Brian
6 years ago

Know me you do not.

I’ve been more involved in my time than I care to admit or remember. You could find me in a NY times piece or published by a major comic publisher or elsewhere if I cared to share.

You are correct in what you say. But I was not alive for Vietnam, Kennedy killing or Watergate. I live in a failed system and it’s my parents generations fault for losing the battles of governance and tyranny.

So, I’ve made my choice to self-govern off the grid in the hills. I voted in 08 for the last time until a pres. candidate is put forward that I like and agree with – not one that I’m forced to pick.

I say good luck to us all.

Everyone can do something to become involved.
Guest
Everyone can do something to become involved.
6 years ago
Reply to  Brian

OK so you are one. There are about 47 million legal voters in the U.S. And you a voice of one. But like you I have been up to my ass being an American who takes literally Government by the people. Not only nationally but locally. And I recruited friends to email everyone they knew and asked them to tell their friends to email everyone they knew. On average I email letters to my Representatives, Senators, elected members in Congress that support my political views at least twice a month. Never emails that were three or more pages. Short and direct is appreciated by elected officials. Some of my most interesting responses came from Senator John McCain and Vice President Joe Biden. Both told me to let them know when I was in Washington D.C. and arrange a visit. But I have never made the trip. Mass emailing is easy to do. I have about ten email address groups with common elected officials and combinations of members. To date I have received answers to all of my feelings pertaining to different issues. Some even had thank yous attached. Anyone with an email can do what I do. If we did there would be millions of emails sent. Elected people react to millions of views. I have personally talked to both of our Senators and many times with our Representatives and asked if letters and emails make a difference. All said YES. When I asked if they would like to receive more contact that was a YES also. The squeaky wheel does get oiled. If Sessions received a million emails and letters you can bet he would take notice. There are 12 States that have passed some type of weed laws. Know someone you can email in Oregon, Colorado, Washington or New York? and ask them to pass the message on to send letters and emails to Sessions with copies to Trump and……….? Could be the beginning of a landslide! I also help voters fill out absentee voter applications. People who do not have transportation or time to attend a voter place can have their ballots sent to their homes, places of work or colleges. There is no excuse to not vote when you can vote at your most convenient place. I have been receiving voters ballots since 1990. Never missed one election.

Brian
Guest
Brian
6 years ago

So you say picking the better of two evils is better than remaining absent from the choice?

If so, I disagree. Stay pure in my opinion.

I commend your work, I do really. More of you the better for the old US of A.

Emily
Guest
Emily
6 years ago
Reply to  Brian

I think that ‘staying pure’ and not voting by many people who thought they were too enlightened is why we have trump as prez. Anyone who compares Hillary to trump is not paying attention or uneducated. Many people have died over the right to vote, if you didn’t have it you’d be so indignant I’m sure.
If you care at all about the direction of this country you should vote for the least bad. It’s the system we have and not doing anything is LAME.

Veterans friend
Guest
Veterans friend
6 years ago

245million registered voters-not 47 million.

Everyone can do something to become involved.
Guest
Everyone can do something to become involved.
6 years ago

My error. Thanks for clearing that up.

groba dude osnt trustafarian
Guest
groba dude osnt trustafarian
6 years ago
Reply to  Brian

Good luck is right!

I hope you never need anything at all, from the outside world, but I doubt this is the case.

Isolationists never isolate 100%, in my experience, they always get an internet connection, a cell phone, a credit card – they always participate…

The world changes every day, and you can’t blame the current state of affairs on your parents!

Sticking your head in the sand sounds good in principal, but if you can spell words, thank the school your parents sent you to, and if you have funds to afford your Shangri-La, thank the monetary system…

You participate, even though you deny…

Brian
Guest
Brian
6 years ago

Well, I didnt consider or name myself as an isolationist now did I.

Off the grid doesn’t mean out of touch or head in the sand.

There’s nothing wrong with focusing on self and healing it, for me, that required some retreating from the front lines of the insanity of politics and governance.

Anon Forrest
Guest
6 years ago
Reply to  Brian

I totally understand; thank you for your service. Heal well.

Bushman
Guest
Bushman
6 years ago
Reply to  Brian

😓

Steve
Guest
Steve
6 years ago
Reply to  Brian

You don’t vote you have no say,what so ever, [edit]

Drop da mic!
Guest
Drop da mic!
6 years ago

Great comment, Sessions wins against weed cause Trump was elected. Much of what you said is happening, for instance, voter involvement.

Look at Virginia & Alabama, that’s from higher voter turnout, & new registrants. Folks are getting involved. I’m making calls & writing emails to senators & congressmen every month. My friends are out there on the lines, getting peppered sprayed, while sitting peacefully protesting. Young folks are out there registering, educating, volunteering more than I’ve ever seen in my short span of a lifetime. I’ve always seen the adults involved but rarely my generation and after. We seemed like a dud, till now! Turns out we were listening to our elders, inbetween all the distractions of life & media, this whole time! We just had a delayed reaction to the shapes & size, evil forms can come in, like reality tv’s birth to an orange abomination!

Lets just hope it’s not an election too late. If these new #s & new activated involvement, change the course of this growing evil oligarch blob, I will finally know & understand what my great-uncle fought & died for, at age 19, ambushed saving someone in the water, WW2. If we finally make a difference, I will appreciate the sacrifice & time my father, grandfather’s & cousins gave & give to this very day.

Everyone can do something to become involved.
Guest
Everyone can do something to become involved.
6 years ago
Reply to  Drop da mic!

But not in California. Weed is not our only issue the Feds want to squash. We are the largest State population in the nation and we are treated like Rhode Island. We need to mobilize every voter in California and mount a stand. Numbers are our strength. Money is our ammunition. Don’t wait. Another year and a lot will be lost.

shak
Guest
shak
6 years ago
Reply to  Brian

Very true, Brian.

JustMyOpinion
Guest
JustMyOpinion
6 years ago

Your more interested in throwing insults than stating facts. Stick to the facts.

HRLO
Guest
HRLO
6 years ago

As a Conservative Republican, I don’t care if you stuff that stuff up your a$$. It’s your life. [edit] need to light up and chill out.

What's in a name?
Guest
What's in a name?
6 years ago
Reply to  HRLO

Name calling and side blaming will never work. Now let’s all slide back to who was first. This is cards and Trump is playing his High Aces, Kings and Queens. So Conservative Duece where does that put you?

LabeledaNazi
Guest
LabeledaNazi
6 years ago

It’s all in the plan. Milk growers for the last of there money based on fear n greed. Make em pay to put a bust me dot on there property then bring in the feds to clean it all up. There smart. Just leave it up to humboldt/California to screw themselves. It’s a win win for county , state and federal.maybe someone should have seen this coming

R -DOG
Guest
R -DOG
6 years ago

Prices are only going to go down for a little while

Cove guy
Guest
Cove guy
6 years ago

Black markets matter

LabeledaNazi
Guest
LabeledaNazi
6 years ago
Reply to  Cove guy

Yes they do and always will cove guy. That is NOT going away

just me
Guest
just me
6 years ago
Reply to  Cove guy

lol very funny

SourTangant
Guest
SourTangant
6 years ago
Reply to  Rusty

Thanks for the link! Stupid Siskiyou County. Why would you say no to all that tax money?! Now they’re just pouring money out instead of bringing it in. No wonder they need help from feds.

Me_too
Guest
Me_too
6 years ago

Come on everyone. They are making America Great again! It’s gonna be a great 7 more years.

Conservative Stupidity
Guest
Conservative Stupidity
6 years ago
Reply to  Me_too

I think you’re lying!

john
Guest
john
6 years ago

I think s/he is being facetious.

It's a Farce
Guest
It's a Farce
6 years ago

Firstly- it is “traditional market” not “black market” as the mainstream corporate press wants to smear it. Do not fall for their propaganda campaign.
Secondly- It is not “legalization” but a system of regulate and tax that heavily favors well-funded corporate entities arriving from out of state and even out of country to squash an already-established network of tens of thousands of small, mostly family-run producers. I welcome almost anything that knocks this foul and unfair set-up down.
Thirdly- CA with its simultaneous approval of massive corporate grows and lack of control is exporting tons of weed to states that would rather keep marijuana from being readily accessible to its children. Many of them have decriminalized yet do not approve of the CA model where any teenager can easily find cheap weed and high-powered dabs. It’s a legitimate concern. Perhaps people here can get off their high horse about morality and ideological war and admit that maybe other people in other places think a little differently and that they are allowed to do so? Yeah- didn’t think so. people here think they have the right to cram it down everybody else’s throats in the name of justice or some such demented logic. …Perhaps the rescinding of the Cole Memo has to do with other states’ legitimate opposition to CA producers flooding their states with weed.

De cu
Guest
De cu
6 years ago
Reply to  It's a Farce

👍🏼👍🏼👍🏼

Will Smith
Guest
Will Smith
6 years ago
Reply to  It's a Farce

Yes and it really is CA that is producing the most volume out of all the legal states. Pretty sure we over produce by almost 90%. That is currently without the massive corporate grows that are about to come. Now with the new CA regulations a corporation or person can stack unlimited amount of quarter acre licenses. As long as they have the capital. I understand that with state legalization more people within the state are more likely to consume as well as tourists, but that won’t make a dent in the current over production. It’s not a secret that CA produces for the rest of the country and probably beyond aswell with new deepweb markets. People are driving and shipping tons of it out of state everyday and it’s mostly a free for all. The logistics of busting all the exporters is impossible so they will go after production. Farms and places of production can be seen from satellite images. Alot now are registered with the county and state. Emerald Family Farms planted 7 acres in willow creek last year and you think all of that was sold in legal store fronts? LOL!

Ernestine
Guest
Ernestine
6 years ago
Reply to  It's a Farce

Farce. You nail it. I will only add a tangential matter. When california officials made rules and accepted taxes and fees for pot, they took the heat on to themselves. What is the legal precedent for that? The only one I can think of is the slavery issue. When the proclamation was signed, states were allowing human ownership. If the states had not taken up arms and begun the civil war, what would the consequences have been to state officials that continued to allow it?? I’m not thinking we are headed for civil war, but I’m wondering what the consequences are for the state to defy the AG

Anon Forrest
Guest
6 years ago
Reply to  Ernestine

Mendocino County certainly did NOT “take the heat on themselves.”

I checked out the requirements for “going legal” down here and stopped when the form asked me to PROVE that I have been committing a federal offense for the past two years. Think about that.

Why would I do that? Even if Sessions weren’t the AG, why would anyone do that?

Julia Wood
Guest
Julia Wood
6 years ago
Reply to  Anon Forrest
Veterans friend
Guest
Veterans friend
6 years ago
Reply to  It's a Farce

‘Zactly

Jeffersonian
Guest
Jeffersonian
6 years ago
Reply to  It's a Farce

No one is cramming weed down people’s throats as you contend. And cali producers aren’t flooding other states with weed that don’t want it, the market decides where the weed goes. Don’t like dabs? Then don’t dab, dude. No one cares one way or the other , bro

Secondly is after Firstly I guess
Guest
Secondly is after Firstly I guess
6 years ago
Reply to  It's a Farce

Firstly?? Huh?

Lone ranger
Guest
Lone ranger
6 years ago

As soon as the Fed comes up with their tax rate on weed then they too will legalize it lmao,growing legal or not either way the Fed confiscates your product, all politicians are GREAT too funny

Hmmmm
Guest
Hmmmm
6 years ago

This is great news for ganja.
Bust em and jail em.

Long overdue.

Hmmmm
Guest
Hmmmm
6 years ago

Yep. You are correct and I hope the same.
Jail them

Brian
Guest
Brian
6 years ago
Reply to  Hmmmm

Big GOVT. Republicans: the new party.

Where have the principles gone fellas?

Brian
Guest
Brian
6 years ago

Why do you scream for more Big Goverment?

Feds out. Local ordinace and enforcemental only plz.

Tax dollars stay here too, thx.

Bushman
Guest
Bushman
6 years ago
Reply to  Brian

Democrats want more government not Republican’s.. Google it..you don’t even know what your talking about..geez..do some research then comment.. your not sounding too smart

Loon
Guest
Loon
6 years ago

Love the boom that’s coming. 500 bucks a pound will be a thing of the past.
Long live the federal laws.
Who wants to smoke R.J.Reynolds cannabis?
Not me.
Humboldt Boutique forever.. lolol

Will Smith
Guest
Will Smith
6 years ago
Reply to  Loon

👏👏

Hmmmm
Guest
Hmmmm
6 years ago

In California’s Eastern District, newly sworn-in U.S. Attorney McGregor “Greg” Scott grew up in Humboldt County, deep in California’s famed “Emerald Triangle” marijuana-growing region. He later became a career state and federal prosecutor who has spoken favorably of a previous federal marijuana crackdown.

Scott’s spokeswoman, Lauren Horwood, said he declined to comment on the most recent federal move.

“The cultivation, distribution and possession of marijuana has long been and remains a violation of federal law for all purposes,” she later said in a statement. “We will evaluate violations of those laws in accordance with our district’s federal law enforcement priorities and resources.”

As it should be …

shak
Guest
shak
6 years ago

“The clock is ticking on the Obama administration. Absent further congressional action, will the president finally find the political will to end federal pot prohibition? Or will he leave it to a future Congress or POTUS?” -Reason
https://reason.com/reasontv/2016/04/20/how-president-can-end-pot-prohibition

W
Guest
W
6 years ago

We wouldn’t be in this mess if the previous admin made laws instead of memos.

Hmmmm
Guest
Hmmmm
6 years ago
Reply to  W

Yeah well mr o was an ass and a racist.
F—k that guy.

Veterans friend
Guest
Veterans friend
6 years ago
Reply to  Hmmmm

You belong in an institution. I cannot decide on mental or penal.

JL
Guest
JL
6 years ago
Reply to  W

W, you hit the nail on the head. Executive orders and memos are NOT laws, and can be easily rescinded. They are, without a doubt, the easy way to get some quick political capital, but do not make for lasting change. We need leaders to do the hard work of real change…and not just on cannabis.

shak
Guest
shak
6 years ago
Reply to  JL

FDR’s memo was pretty long lasting.
BHO considered vetoing it, but instead left it up to the next POTUS, whom he thought would be a certain Dem who would need an extra push for distractions.
Now it’s up to Trump. Will he veto FDR’s memo?

Livin' Easy
Guest
Livin' Easy
6 years ago

We will wait and see how for the feds push this. Will they go all out and bust all they can, or go after only those who are abusing the legalization laws; and leave the state to regulate enforcement? My thought with this is not so much they have chosen not to accept state laws, but that they might go after all state legal businesses; and ignore state laws. It will show if they really care about upholding all federal laws, or just those they choose to. If they state they are true law officials, and go after the marijuana industry 100%, why not go after the illegal/undoc immigrants 100%?? Illegal immigrants, even in ‘sanctuary cities’, are not protected under federal laws, so why are they not enforcing that law to the fullest? If the feds come in and bust/arrest all marijuana business personnel, why are they not doing the same thing on illegal immigrants, sanctuary city or not? Why are they not arresting and deporting all illegal immigrants? I know we are talking about a plant compared to people, and I get that. I am just stating an example. If it is ‘laws’ they are talking about, enforce them all; not just the ones that make you look good. Any law enforcement agency should not pick and chose which laws they want to follow and enforce and which ones they don’t. Enforce one, enforce all! Federal gov needs to let each state elect and pass, or not pass, their own laws. If Calif passes a law that says you can go 90 MPH on the freeways or the legal bac limit is .20, so be it. Feds should not have a right to come in and use their own regulations against individual state choices. (fyi…when I was 21, the legal bac limit was .20 and there were very few deaths due to dui’s) crazy!

Thinking allowed
Guest
Thinking allowed
6 years ago
Reply to  Livin' Easy

It gives the Feds leeway to take what action they want. It is likely to be targeted.

(Not that) Guest
Guest
(Not that) Guest
6 years ago
Reply to  Livin' Easy

Because pot farms have more desirable a$$et$ to confiscate.

Veterans friend
Guest
Veterans friend
6 years ago

Good time to have a mortgage.

Ice
Guest
Ice
6 years ago
Reply to  Livin' Easy

Living Easy- The limit for alcohol in Ca has never been higher than .10, never even close to .20…it got dropped from . 10 to. 08 where it is now, except commercial drivers have .04..

Livin' Easy
Guest
Livin' Easy
6 years ago
Reply to  Ice

You must be young. Back in 1968, the legal limit was .20. You could be pretty drunk and the cops knew they couldn’t arrest you. We used to get pulled over with full beers. Poured them out on the floorboard and had the empty can between our legs. If there wasn’t an ounce left in the can, it wasn’t against law either. Cops even used to take us to a pay phone to call a friend if we were too drunk to drive. Was with a friend and he threw a beer can out the window into the back of his Ranchero. The only thing is that it flew out and hit a cop car. Got pulled over and all he got was a $18.00 litter ticket. So much was different in the 60’s

Robert Zigler
Guest
Robert Zigler
6 years ago

I keep wondering about the commerce clause that allows federal jurisdiction over interstate commerce as the basis for many federal laws. Do the federal courts have jurisdiction over a product that never crosses state lines?

Matthew Meyer
Guest
Matthew Meyer
6 years ago
Reply to  Kym Kemp

Yes, the feds have asserted, and the courts have affirmed, that cannabis is under their jurisdiction even when it’s grown, transferred, and consumed entirely within one state.

That was the issue at stake in Raich.

The feds offered interesting reasoning: if Angel Raich (and Diane Monson, a co-litigant) were gifted cannabis by people who grew it for them in the state, there would be an impact on interstate commerce because the women would be taking themselves out of the market.

That’s right: by not participating in the interstate market, they made themselves just as subject to federal control as if they had participated in it.

The logic is straight out of a WWII-era case, Wickard v Filburn. In that case, a wheat farmer was penalized for growing too much grain. He argued that the grain was to feed his own animals and never left his farm. Ruling against him, the court opined that interstate commerce was implicated because he would have had to buy the wheat on the market if he hadn’t grown it himself.

Does this sound absurd? Like there is no theoretical limit to what can be justified with this reasoning? To me, it does.

On the other hand, the same federal powers are used in protecting civil rights against recalcitrant states, which seems right to many.

Thinking allowed
Guest
Thinking allowed
6 years ago
Reply to  Robert Zigler

The Constitution specifically assigns some authority to the Feds and some to the States. Everything not covered under those sections is reserved for the States and the People.

State Rights is weighted back and forth between State and Federal authority with different courts. But the most recent Supreme Court interpretation is that if something creates the environment of likely interstate exchange, whether there is proof it has happened or not, the Commerce Clause applies and the Feds have authority.

Would anyone like to suggest that California pot doesn’t cross the border? Considering the stories on this site about it happening frequently? Then the idea that somehow pot is an exception is disingenuous and magical thinking. As long as pot is an illegal controlled substance under Federal law, then illegal in one State is illegal in all.

Maybe the only good out of this silliness will be that some woefully uninformed Americans will have to actually think about the Constitution. Not deeply or honestly but at least some.

Hmmm
Guest
Hmmm
6 years ago

Yes. You are correct.
The states don’t simply get to change the drug laws for their profit.
All open eyes can see that legalization has only to do with money.
States want the money and they will do anything to get it. The same as the dems wanting votes so badly that they will protect criminals illegally in this country to get their votes.

Thinking allowed
Guest
Thinking allowed
6 years ago
Reply to  Hmmm

With a major difference that immigration is specified as a Federal power. So California certainly loses that battle as everyone who signed the sanctuary bill knows but callously disregards. Don’t look to the State to develop a sudden respect for the Constitution just because a Proposition passed. They are too busy flaunting their disregard.

Matthew Meyer
Guest
Matthew Meyer
6 years ago

You may find it helpful to distinguish between the supremacy clause and the anti-commandeering doctrine.

Just because federal law is supreme, and may be enforced by federal authorities, does not mean that federal authorities can compel state and local law enforcement to enforce federal law.

Some good info on this here: http://tenthamendmentcenter.com/2013/12/28/states-dont-have-to-comply-the-anti-comandeering-doctrine/

shak
Guest
shak
6 years ago
Reply to  Matthew Meyer

The tenth amendment center link confirms:
“Laws passed in pursuance of the Constitution do stand as the supreme law of the land. But that doesn’t in any way imply the federal government lords over everything and everybody in America.”

If it is not a delegated duty or a necessary and proper duty for carrying out the delegated duties of the Federal Government, then it is not a constitutional law. ONLY constitutional laws are considered to be a part of the supreme law of the land. All other laws are considered null and void because they are unconstitutional laws. Only constitutional laws are valid.

Livin' Easy
Guest
Livin' Easy
6 years ago
Reply to  Hmmm

To Hmmm….According to your comment, states should not be able to override, or contest, any federal laws period. Profit for money, or any reason, should not and cannot be reason to change any federal laws, right? So, in my comparison above, all illegal/undoc immigrants should be rounded up and arrested and deported if we follow federal law; according to what you said. In the end, your reasoning is that states have to obey and follow all federal laws, without voting any changes, and don’t have any choices what so ever. That means the president can force any law he wishes, if it passes senate and congress, to apply to all states. I just don’t think that is what America is about, sorry.

Zoltan
Guest
6 years ago
Reply to  Robert Zigler

Hobbs act applied to pot?

Anon Forrest
Guest
6 years ago

I checked out the requirements for “going legal” down here and stopped when the form asked me to PROVE that I have been committing a federal offense for the past two years. Think about that.

Why would I do that? Even if Sessions weren’t the AG, why would anyone do that?

LabeledaNazi
Guest
LabeledaNazi
6 years ago
Reply to  Anon Forrest

Fear based greed,that’s why

Livin' Easy
Guest
Livin' Easy
6 years ago

To “Thinking allowed”…..I understand what you say about product crossing borders. If a Calif business is legally growing, producing and selling product within Calif laws, why should they be penalized if someone illegally takes it across borders to an illegal state? If the feds want control, they should do marijuana border checks, and make that their position on it. If some states wanted to legalize certain guns that are federally banned in other states, should the feds come in and make it illegal in all states because people are illegally taking those guns across borders? What they need to do is concentrate on the states who have not legalized pot, and help those states go after people selling/possessing it illegally. Marijuana is here to stay, like it or not, so let each state manage their own control methods. Too much fed govt control will ruin America. I’m not a grower or user, Dem or Rep; but at the same time, I keep an open mind on all issues.

Elric of Melniboné
Guest
Elric of Melniboné
6 years ago

The real enemy is Steve DeAngelo and Corporate Weed. Not Jeff Sessions.

Cole s
Guest
Cole s
6 years ago

Stevie d is the dipshit from harbor side right? Ya fuck them , supposedly they have huge ops underway in the valley and how bout the ad on Craigslist that offers a buy in with a company that has secured 87000 acres and 500000 sq fr of green house holy shit !!!! There’s papa trump and uncle jeffy’s First target 🎯 go get em boys !!!!!!

LabeledaNazi
Guest
LabeledaNazi
6 years ago

Ill sum it up. Weed is a drug. This is STILL a drug war. Nothings changed

Capitalist pig
Guest
Capitalist pig
6 years ago

I’m so excited !! this is the best news I’ve heard since President Trump one on election night .

Jaded
Guest
Jaded
6 years ago

it sounds like a classic squeeze. Corporations could go ahead and buy lots of licences and start growing and then flood the market with cheap product and take a loss for a couple of years while they choke off all competition. — or they could pay Jeff Sessions to do their bidding for them. rescind the Cole memorandum, use tax payer money to set the Federal government loose on the entire industry, licensed or not. Seize assets and shut the industry down in two years.
Once they have achieved their goal they can call off the Feds and enact new laws and allow the corporations to take over the entire cannabis landscape.
It is a much cheaper and more eloquent solution than having to compete. Who would want to do that when you own a government .
Welcome to the Oligarchy

Ice
Guest
Ice
6 years ago

Lets see: after 30 years of not being able to catch growers, the law folks offer ” permits”, just write down where your crops are. Then, offer ” legal businesses” permits to sell weed, just write down where you sell it from…now, they let people know what they wanted all that info for, as the Fed’s pick off grow by grow, dealer by dealer…smart move. Cops 1, Growers 0

Perspective
Guest
Perspective
6 years ago

Let me know when something actually happens. Until then, business as usual.

R -DOG
Guest
R -DOG
6 years ago

Why will you not let me commet. I have rights allso

shak
Guest
shak
6 years ago

“Though the Earth, and all inferior Creatures be common to all Men, yet every Man has a Property in his own Person. This no Body has any Right to but himself. The Labour of his Body, and the Work of his Hands, we may say are properly his. Whatsoever then he removes out of the State that Nature hath provided, and left it in, he hath mixed his Labour with, and joined to it something that is his own, and thereby makes it his Property. It being by him removed from the common state nature placed it, it hath by his labour something annexed to it, that excludes the common right of other Men. For this Labour being the unquestionable Property of the Labourer, no Man but he can have a right to what that is once joined to, at least where there is enough, and as good left in common for others.”
-John Locke
Private Property https://www.libertarianism.org/columns/john-locke-justification-private-property

jeffersonian
Guest
jeffersonian
6 years ago

all i know is that marijuana has ruined humboldt county, which used to be paradise and is now a hellhole. thats the trouble with liberal causes, it brings in the vermin.and having the govt manage it and try to profit from it will just aid the vermin. in the meantime, the rivers are sucked dry, wildlife is exterminated and murderous crime goes on.