The power of III

Summum ius summa iniuria--More law, less justice

23 March 2011

Feds raid State legal medical marijuana facilities in Montana

As people in Montana and beyond struggle to come to grips with a massive federal raid of Montana medical marijuana businesses, the question that comes up is: Were these businesses violating state law that allows medical marijuana, or were they raided because they are in violation of federal law, which prohibits the use and possession of marijuana.

This memo from a U.S. Attorney, shared with the Colorado Independent may shed some light on that question.
The memo was sent to the Independent by the Cannabis Therapy Institute, and can be seen here (pdf).

The “Haag Memo” was written on Feb. 1, 2011 by United States Attorney Melinda Haag (Northern District of California) to John A. Russo, Esq., Oakland City Attorney, in response to an Oakland City Council request for guidance regarding medical marijuana and federal law. Haag writes that the memo was written with consultation and approval from U.S. Attorney General Eric Holder.

Holder had previously said the feds would not interfere with states that legalized medical marijuana.

From the memo:
We will enforce the CSA (Controlled Substances Act) vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.

Others who knowingly facilitate the actions of the licensees, including property owners, landlords, and financiers should also know that their conduct violates federal law.

Taken verbatim from the Washington Independent, link here.


Big, big, big surprise: The Obama administration fails to live up to another of its 2008 campaign promises.  

In case you don't give a hoot for medical marijuana, a subject I suggest you learn more about, let me tell you why you should consider this another shovel full of dirt on the way to burying your liberty.

Every time the feds assert their law (meaning: send unopposed armed men to enforce a law that was passed in Washington, DC, but nullified by or contravened by preexisting State law), they grow in power, and we individuals, locales, and States shrink in power.  

This time it's state legal marijuana, the next time it's likely to be state legal (locally manufactured) firearms and ammunition. 

Do you want them arresting your 23 year old daughter, who's never been sick in her life, because she refuses to spend 15 or 20 grand on a healthcare policy she doesn't need because of the Obamacare mandate? 

Who knows? Someday, they might want to tax off the grid electricity production or confiscate personally owned gold or silver bullion.  Every time there is a new precedent in centralized Federal power over local law, the door to let them in your house creaks a little bit more open (I guess that is a ridiculous analogy, since the TSA is already in our pants).  

State laws need teeth when they nullify a Federal law.  The state law enforcement or state militia has to be tasked with arresting and punishing (as a felony) any individual federal employees that seek to violate a State law.

Personal liberty can only be maintained for the vast majority in this country if a person has the option of "voting with their feet," and relocating to a more preferable State which is more desirable based on their personal beliefs and values--this is an originalist Jeffersonian idea.


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