May 29 2011

When you own all the horses in a race

Posted by J. Craig Canada in Canada on Cannabis, law, legalization, letitia pepper, politics, tax

Canada on Cannabis – The show that believes the prohibition of marijuana is a crime against humanity

A somewhat different view of marijuana, medical marijuana, and the marijuana anti-prohibition movement.

Sundays, 6-8pm Pacific on Free Radio Santa Cruz, 101.1 FM.

Listen Live Online: Call-In: (831) 427-3772

Canada on Cannabis 014, broadcast 29 May 11:

Letitia Pepper, Southern California Director of Legal and Legislative Analysis for Crusaders for Patients Rights discusses The Regulate Marijuana Like Wine initiative and the lawsuit she filed against the San Bernardino County California ban on medical marijuana dispensaries.

0:07 – Opposed to Prop. 19 – a trojan horse designed to trick people. Regulate Marijuana Like Wine was a moving target, versions circulated kept changing.

0:10 – Yahoo discussion group, Global Marijuana Legalization, is where these discussions regarding Kubby initiative took place. Group concluded Kubby initiative was a trojan horse.

0:17 – Taking the medical out of marijuana. People behind Prop. 19 are now the Coalition to Reform Marijuana Laws, writing another initiative. It is not legally possible to legalize the recreational use of any federally scheduled drug no matter what the schedule number is. That’s why all propositions that promise they will legalize recreational use are a lie.

0.22 – Prop. 19 lead everyone down the primrose path, ignoring all the legal problems the intiative would have created. Problems with taxing marijuana – for a city or county to participate of the dissemination of a federally illegal product implicates the city, county, or state in an illegal activity.

0:33 – Narc Squad – HROs. David Malmo-Levine lied, said they had taken it out of the initiative.

0:36 – When these people promote these initiatives they talk about all the people in prison, but when it comes to writing an initiative, they don’t do a damn things about it.

0:41 – Does affect Prop. 215 rights, even with phrase removed.

0:46 – Kubby is working with big pharmaceutical companies, and that is why they are trying to trick people into voting against their own best self-interest. Kubby’s initiative specifically allows the enforcement of federal law in California.

1:03 – Designed to create a goon squad. They claimed they had taken it all out. They did not provide discussion group with official version, and David Malmo-Levine claimed they had take the HROs out.

1:11 – The way to win a horse race is to own every horse in the race. People feel like they have to vote for one initiative, but the end result is the same, it’s going to change the good laws that we have. I hate to say it, but I think people have to vote no, even on the CCHHI2012 initiative because you cannot legalize the recreational use of a federally illegal drug. It’s going to be pre-empted by federal law. Any time you change the law regarding marijuana, you change the law regarding medical marijuana.

1:19 – Discussion of Prop.215 and non-profit vs. profit. Jerry Brown thought a lot about guidelines he issued as Attorney General. You don’t turn this into a way to make a lot of money off the backs of sick people.

1:30 – Letitia Pepper filed lawsuit against County of San Bernardino on behalf of Crusaders for Patients Rights. San Bernardino claimed a dispensary was 2 or more people cultivating or in possession of marijuana. Patients are now legally banned for living where they are living because there are two or more medical marijuana patients cultivating marijuana and dispensaries are banned in unincorporated areas of San Bernardino. Also bans outdoor cultivation. Pepper argues this subjects people to health risks as there are health risks associated with growing indoors that you dont’ have outdoors and that they violated state law by not conducting an environmental review of the impact of the ordinance.

Model ordinance posted on the California Police Cheifs Association by Martin Meyer, general counsel, promoted as a silver bullet against medical marijuana. San Bernadino ordinance is a copy of this ordinance. She sued under the California Environmental Quality Act. San Bernardino claimed the ordinance was exempt from CEQUA because it couldn’t have an impact on the environment.

Since many other ordinances are based on this ‘silver bullet’ they hope the success of this lawsuit will have a big impact statewide.

1:42 – It is not legally possible to legalize the recreational use of a federally banned substance. When people say Prop. 215 has failed, it’s like saying the Civil Rights Act of 1964 failed.

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