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618State law supersedes Fed's, legal analysis: YES on CA Prop.19 supports Prop 215 & SB420 medical use and expands legalization

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  • David Crockett Williams
    Oct 27, 2010
      Re: [GlobalMarijuanaReLegalization] Don't Get Punked!  Prop. 19 LIES When It Tells You that Recreational Use Can Be Legalized Under State Law!

      A lawyer explains how passing CA Prop 19 will supersede federal prohibition and expand protections for medical cannabis use:


      Every government challenge under the theory of federal preemption has failed in the courts”




      Dear Friends,


      I am ashamed to say that I ignored the intricacies of Prop19 until very late in this Election 2010 game, emotionally caught up in the death of our good friend and hemp legalization hero Jack Herer whose speech against Prop19 was followed by the stroke/heart attack from which he died on April 15, 2010, even though I totally agreed with Jack’s first editor Chris Conrad’s message at Jack’s funeral that after it made the ballot in California Jack would certainly have supported Prop19 as the next important step to end the fraud of the hemp/cannabis/marijuana prohibition foisted on the US Congress by the global industrial elite following their takeover of the US money system with their illegitimate private Federal Reserve system and income tax ongoing fraud from the early 20th Century.


      Since I met Jack and Chris together at a radio station in 1991, I have followed this struggle as somewhat of an insider who at Jack’s request camped out for the month of February 1996 in front of the West Los Angeles Federal Building to maintain his 24/7 voter registration and kickoff to the Prop215 ballot access petition signature drive.


      Behind the scenes Chris Conrad has been the leader of the legalization movement largely responsible for the success nationally to date by the strategy of separating the industrial hemp and medical cannabis issues until the time becomes ripe for wider legalization efforts when public awareness permits.


      Folks, the time is ripe now, please VOTE YES! on CA Prop 215 and quickly now urge all of your friends to grasp the truth of the situation, this historic opportunity to strike a mortal blow at the elite bankster industrialists who are enslaving the world for their profit at great cost in wars over oil that hemp biofuels can replace.


      US Presidential Candidate Rep. Dennis Kucinich endorses Medical Marijuana 



      US Presidential Candidate Dennis Kucinich explains medical marijuana issue



      Grasp the reality:  http://www.jackherer.com

      Help support Jack’s work online, continued by his still grieving widow Jeannie Herer.  

      Read Jack’s famous book free online, The Emperor Wears No Clothes, and donate something if you can.


      Please Join Chris Conrad in making sure Prop19 passes into law!

      Check out his info about Prop19 here:



      ------begin fwd post


      From: Mikki Norris 

      Sent: Tuesday, October 26, 2010 10:30 PM
      To: Jeff Jones; DC Williams
      Cc: Ryan Landers; Chris Conrad
      Subject: Re: [GlobalMarijuanaReLegalization] Don't Get Punked! Prop. 19 LIES When It Tells You that Recreational Use Can Be Legalized Under State Law!


      Please post to your lists. If you can, please post to the [GlobalMarijuanaReLegalization] list, too.

      From J. David Nick, Attorney at Law:

      Here is a summary response to the BS (see Letitia Pepper message below):

      1. The reason the Fed's stopped their raids has NOTHING to do with the fact it was medical; the reason is 2 words: Obama and Holder.

      2. Anybody who thinks a federal challenge will be successful is just not realistic; the very first section of the FCSA explicitly permits states to enforce and create their own laws and that is why every attempt to have Prop.215 ruled preempted by federal law has failed in multiple appellate court cases -- that result has nothing to do whatsoever with the fact it’s medical.

      3. The argument that yes on 19 means delayed reclassification is also a faulty argument; if "dominance of recreational use" were the ONLY factor considered in reclassification then cocaine, which is a widely used hospital anesthetic along with all the downers which people find very recreational to use, would also be schedule I; so the claim is just baloney. Reclassification will be accomplished sooner once they see the sky did not fall.

      4. Since 19 will not be invalidated, then this outlandish claim of medical being left controlled and taxed by local governments is also not correct, invalidation of 19 is just not realistic as it has been demonstrated over the past 10 years. Every government challenge under the theory of federal preemption has failed in the courts.

      5. The claim that Prop 19 limits the amount a patient can grow is false also. Prop 19 explicitly exempts Prop 215 and SB420; and actually you can grow more than 25 square feet as long as it was for "personal use". The difference is that the 25 square foot is an amount where you can’t get arrested and beyond that amount the person has a right to defend their grow in court on the grounds it was grown for personal use, SO ACTUALLY PROP 19 ALLOWS YOU TO GROW MORE THAN YOU COULD EVER DREAM OF AND AS AN ATTORNEY DEFENDING THESE CASES, I MUCH RATHER HAVE THIS STRAIGHT-FORWARD LAW THAN THE TECHNICAL INTRICACIES OF A MEDICAL DEFENSE. This means the end of prohibition within short order as law enforcement, the courts and the system would collapse if they prosecuted every person or even half of the new growers. The end is near people. This is called "opening the flood gates, a term invented by prohibitionists as they know what happens to prohibition when you crack the door open.

      6. The claim that Prop. 19 will allow cities to close collectives is not correct; as my prior detailed opinion piece explained, Prop 215 and SB 420 are EXPLICITLY excluded from the reach of municipal regulators; thus, recreational will be controlled but medical is protected like the holy cow under prop 19.


      ---- above in response to these arguments pro/con:

      From: Jeff Jones
      Date: Tue, 26 Oct 2010 21:51:39 -0700

      Cc: Ryan Landers, Mikki Norris;  Chris Conrad

      Subject: Re: [GlobalMarijuanaReLegalization] Don't Get Punked!  Prop. 19 LIES When It Tells You that Recreational Use Can Be Legalized Under State Law!  But It WILL Change Medical Pateitns' Rights for the Worse!



        I guess that is where we part paths on what is wrong. Everyone in your camp Believes we have "very excellent medical cannabis laws"  The same one the brought your coop garden to broken sticks.

      Jeff Jones
      www.yeson19.com <http://www.yeson19.com>
      Patient ID Center
      Oaksterdam University

      On Oct 26, 2010, at 6:32 PM, "David Herrick"  wrote:


      From: Ryan Landers
      Don't Be Punked by the yes on 19 people. the reason the federal government backed off is many of us communicated during the campaign and got a promise to end the federal raids on Medical Marijuana patients and their providers because the sick shouldn't be attacked by the Federal Government. then when the Tahoe Raids happened I suggested letting the white house know that the know that these attacks were continuing then a few days later there were 3 raids in LA and we flooded the phone banks both days in what turned out to be a mass effort by several groups. It is stupid to think the Federal Government is going to attack California Marijuana gardens while trying to send a message about marijuana gardens their going to raid everyone not pick and chose this is medical don't pull it that will not happen. The fact that Assemblyman Ammiano included a clarifying statement that medical is to not to be affected by prop 19 if we are wrong and it is already covered Why would he write it if it were covered?

      No Public Consumption - I can't Eat at a restaurant or go out of my home for any length of time without smoking my medicine.


      NO NO NO NO NO NO NO......

      ...NO  on Prop 19 PLEASE cancer and aids patients could die with the cities and counties over regulating and over taxing so patients can't  afford the permits nor the taxes to grow at their home and can't pay the cooperate marijuana store that can afford the fees and regulations and will die because they can't continue their Chemotherapy or HIV Drug Cocktail and will not eat and will DIE!!! THIS IS NO JOKE!

      PLEASE VOTE NO on Prop 19?????????????????

      Ryan Landers

      -----Original Message-----
      From: David Herrick 
      To: Al ; John Alexander ; Lark 
      Sent: Tue, Oct 26, 2010 9:15 am
      Subject: FW: [GlobalMarijuanaReLegalization] Don't Get Punked! Prop. 19 LIES When It Tells You that Recreational Use Can Be Legalized Under State Law! But It WILL Change Medical Pateitns' Rights for the Worse!

      There is no protection of existing medicinal use laws, and cases fought and won, will be circumvented. Is this what we medicinals want? No on 19, is the only way to vote on this Proposition which will virtually fail in its defiance of Federal Law which in this case, does supersede Sate Law, since both have identical C.S.A’s.  

      From: GlobalMarijuanaReLegalization@yahoogroups.com On Behalf Of Letitia Pepper
      Sent: Tuesday, October 26, 2010 9:05 AM
      Subject: [GlobalMarijuanaReLegalization] Don't Get Punked! Prop. 19 LIES When It Tells You that Recreational Use Can Be Legalized Under State Law! But It WILL Change Medical Pateitns' Rights for the Worse!

                                                               DON'T GET PUNKED!

         The reason that the federal government gave up prosecuting medical marijuana patients was that the Controlled Substance Act (CSA), the federal law that makes marijuana a Schedule 1 drug, is intended to address the illegal recreational use of drugs.

      And California’s Compassionate Use Act, Prop. 215, allows only the medical use of marijuana. So the feds had to give up when patients fought back.

         Marijuana is still listed as a Schedule 1 drug, and until its listing is changed, any recreational use will bring the feds roaring in to SUCCESSFULLY (because it is still listed a Schedule 1 drug) challenge Prop. 19 -- if it passes.

         Did you know that it is the “dominance of recreational use” which is the “primary qualifying factor for Schedule I, even when there are medical uses which in theory disqualify them from being eligible for Schedule I”? So, by voting in a law that allows recreational use, you’re actually DELAYING the removal of marijuana from Schedule 1!

      (See http://www.economicexpert.com/a/Controlled:Substances:Act.html <http://www.economicexpert.com/a/Controlled:Substances:Act.html> )

         The only message Prop. 19 sends is, “Come and get us! Take away the good rights we’ve fought for to use marijuana as medicine! Keep marijuana a Schedule 1 drug!”

         If Prop. 19 passes, and the feds invalidate all the sections related to recreational use, guess what? All the bad changes that Prop. 19 makes to medical use stay in place! Because Prop. 19 contains a section called “Severability,” which provides that if any section is invalidated, the rest of Prop. 19 stays the law. So that anything relating to marijuana -- cultivation, distribution, processing, transportation, etc. -- will be subjected to unlimited taxation, control and regulation.

         And patients, who’ve had the right to grow as much marijuana as they need for their personal use, will be limited to one five-foot square “garden” per parcel of land regardless of how many patients live on the parcel.

         And collectives, which can legally exist and distribute marijuana to patient members under current law, can actually be legally banned under Prop. 19 in each and every city! If Prop. 19 passes, people will have to go to “Oaksterdam” (Oakland) or whatever city might allow dispensaries to exist -- and since over 138 cities in Southern California have banned collectives (a fight we’ll win if Prop. 19 does not pass), don’t hold your breath waiting for them to allow collectives if Prop. 19 passes!

      There is no protection from federal law for recreational use of any drug!

      (Can you imagine trying to pass a law allowing the recreational use of Oxycodone?) That is why, if Prop. 19 passes, it will ruin California’s excellent medical marijuana laws and the rights we’ve fought for for so long! Vote NO on Prop. 19!

      ----above forwarded by:


      David Crockett Williams

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