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Jan-04-2012 18:52printcomments

Gov Brewer's Medical Marijuana Lawsuit Officially Thrown out by FED's Today!

The Honorable Judge Bolton may understand that marijuana crimes are all invalid due to lack of corpus delciti.

Medical marijuana

(SURPRIZE, Ariz.) - A lawsuit filed by the Arizona's Governor Brewer in an effort to stop medical marijuana patients from using the lawful herb was dismissed by the judge hearing the case.

The ruling seems to come as a response to the motion to dismiss filed by the ACLU. The judge agreed, stating "These issues, as presented, are not appropriate for judicial review."

Whether or not Arizona attorney general Tom Horne will file an appeal remains to be seen however I would assume its already been in the works for some time now. the state was well aware that their case was not "ripe" and that is more than likely one reason it was filed the way it was. Simply buying time? We'll never know the truth.

"Plaintiffs do not challenge any specific action taken by any defendant," Bolton wrote. "Plaintiffs also do not describe any actions by state employees that were in violation of the CSA (the Controlled Substances Act) or any threat of prosecution for any reason by federal officials."

AG Horne and his counter parts apparently forgot to mention that they were authorizing the use of marijuana via the registry card and registry system. last time I checked it was illegal for the State to give us authority to break federal Law, it would make them a conspirator. Apparently no one over at DHS was willing to take the hit for the team and fess up to committing a federal offense to make the case "ripe."

Judge Bolton was quoted as saying "the state could file an amended complaint, but would have to satisfy two key problems: Federal prosecutors have not threatened to prosecute state or municipal employees for following the law; and the state can't show that any harm will come absent a court ruling."

Hold the phone Jan!

Did Bolton just reaffirm my never ending claim that marijuana "crimes" technically do not exist due to lack of Corpus Delciti?

The State has no valid claim of "injury, loss or harm" a necessary element in a "criminal" case. There is no "harm" if they implement the law and tell thousands of people to use cannabis? Really? Someone pinch me. I have been telling people for years that marijuana crimes are all invalid due to lack of corpus delciti and it would appear at face value, Honorable Judge Bolton agrees with me. There is no "prove-able harm" or any factual evidence of any "injury, loss or harm" in a marijuana case, none.

Amazingly this decision comes shortly after several states have petitioned to have marijuana rescheduled.

Is the tide turning, and for real this time? Is it possible the "movement" has made such an impact that people are not so quick to over look the medical marijuana community any longer?

We are after all the largest voting force in the country are we not? Over 50% of the US regularly uses cannabis and with petitions, dismissals such as Arizona's and more and more States implementing medical marijuana programs every year one would have to assume it is only a matter of time now. In fact one would almost have to assume it is a topic our next President will be forced to address if they have any hope of gaining that title at all.

Will this force Arizona's political personal agenda seekers to finally yield to the voice of the voters or is it as I suggested, just another stall maneuver designed to appease various constituents?

Only time will tell, however one thing remains the same regardless of the outcome of any of these cases, and that is the "fail-safe" that was so thoughtfully written into the law. Medical marijuana patients will have the ability to see a doctor and get a recommendation with or without the State's involvement.

As the State decides what it's going to do Arizona's medical marijuana patients have not had any problem finding medication regardless of the lack of dispensaries. Cannabis Clubs and Compassion Clubs started opening in Arizona long ago and show no sign of slowing down. Arizona Cannabis Society is the largest medicinal cannabis collective in the state and have recently added another Phoenix location to the already swelling list of discreetly converted businesses and shops across the valley being opened by the "Mom's and pop's" that were literally penciled out of the dispensary program.

The Rules & regulations portion of the implementation process made it very hard for the average business owner to get a permit from DHS but now they have found redemption and started offering compassionate assistance to patients all across Arizona.

Something I have noticed that isn't very prevalent in other states is Arizona's cannabis industry seems to be regulating itself in the absence of the State presence and regulations. I simply don't see cannabis clubs opening across from day cares or schools.

It seems that Arizona medicinal cannabis industry listened to the opinions of the public during the rule making open online sessions and has responded accordingly, of their own behalf.

Granted some are much better than others, but that is what makes us who we are folks, the ability to choose. As long as these operators put their necks on the line, Arizona's medical marijuana patients will have safe access to reliable medical grade marijuana.

With the medical marijuana case dismissed by the federal courts will the state courts force the opening of the dispensary portion of the AMMA, after all their are five other lawsuits still pending regarding medical marijuana here in Arizona.

It seems no one knows for sure and considering there was a law voted on, then enacted, we the people should be questioning daily just what the state intends to do regarding their position on medical marijuana in Arizona.

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Malcolm Kyle January 5, 2012 4:31 am (Pacific time)

Thanks to Prohibition we now have far more people locked in cages than would normally be the case. Apart from the fact that these extra prisoners are not contributing economically to society, it also costs 50,000 dollars per annum to incarcerate them. Additionally their families often go on government assistance, and it's again the average tax payer who has to pick up the bill. Their kids may be taken into care or raised by foster parents, again with tax payer money. Now add to all this the court costs, jail costs, and the salaries of all those people that have to deal with the enforcement of prohibition, like police officers, judges and public defenders and you'll start to get a fair idea of why "Black Thursday", October 24, 1929 happened during the period of another of our great experiments - Alcohol Prohibition.

* The United States has the highest incarceration rate in the world.
* 743 adults incarcerated per 100,000 population at year-end 2009.
* 2,292,133 adults were incarcerated federal and state prisons, and county jails at year-end 2009, that's approx. 1% of US adults.
* Additionally, 4,933,667 adults at year-end 2009 were on probation or parole.
* In total, 7,225,800 adults were under correctional supervision (probation,parole, or incarcerated) in 2009 — about 3.1% of adults in the U.S. resident population.

Prohibition has helped fill our Prisons and Jails to capacity. Violent criminals, murderers, rapists and child molesters are released early to create space for so called 'drug offenders'. Half of court trial time and also a huge chunk of police officers time is pointlessly wasted. Enormous untaxed profits from illegal drugs fund multi-national criminal empires which bribe law enforcement authorities and spread corruption faster than a raging bush fire. Prohibition takes violent criminals and turns them into multi-billionaires whilst corrupting even entire countries, including our own. Our drug laws are also funding the Taliban and al-Qaeda whose illegal opium profits allow them to buy weapons and pay it's fighters more than $300 a month, compared with the $14 paid to an Afghan policemen.

Maybe many of the early Prohibitionists did not really intend to kill hundreds of thousands worldwide, or put 1 in every 30 American adults under supervision of the correctional system. But similar to our "Great Experiment" of the 1920s, the prohibition of various other drugs has once again spawned rampant off-the-scale criminality and corruption, a bust economy, mass unemployment, a mind-boggling incarceration rate, a civil war in Mexico, an un-winnable war in Afghanistan and an even higher rate of drug-use (both legal and illegal) than in all other countries that have far more sensible policies.

Prohibition is nothing less than a grotesque dystopian nightmare; if you support it you must be either ignorant, stupid, brainwashed, insane or corrupt.

James M January 4, 2012 11:25 pm (Pacific time)

Yes, but if you are a patient currently cultivating and a dispensary moves in 24 miles from you, you have to move? That CAN'T pass equal protection muster! I hope someone sues and gets an injunction on this point, the first and every time a dispensary is licensed! They can't give you a right and then take it away so that they can SELL it to someone else. Patients invest thousands of dollars and months of time growing their medicine. This is a very real concern that nobody will address.

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