Sunday, November 25, 2012
We have a hint of progress on multiple fronts to discuss today, so grab your reading glasses, make a turkey sammich and get a cup of coffee! I hope you had a very lovely Thanksgiving. Im gonna try to keep the news brief so y’all can focus on the important stuff…
I got an email from Julie Postlethwaite of the MMED on Friday, concerning the new rulemaking agenda & timeline. I am attaching the entire document, (see below) in hopes you will use this info to get empowered and involved! The game is speeded up and the stakes are higher than ever. Share this email in an effort to reach as many small independent MMJ business owners so that we can stand in solidarity against the
lobbyists and profiteers.
At least it is progress. on the local level….
Today I have for you all the 1st document to surface post election from the Federal Government concerning Medical Cannabis…
Here’s some Gov’rmnt circle logic thinkin for ya… fresh quotes from the Congressional Research Service’s Medical Marijuana: The Supremacy Clause, Federalism, and the Interplay Between State and Federal Laws
Todd Garvey, Legislative Attorney November 9, 2012
As part of a larger scheme to regulate drugs and other controlled substances, federal law prohibits the cultivation, distribution, and possession of marijuana.
1 No exception is made for marijuana used in the course of a recommended medical treatment. Indeed, by categorizing marijuana as a Schedule I drug under the Controlled Substances Act (CSA), the federal government has concluded that marijuana has no currently accepted medical use in treatment in the United States.
2 In the medical marijuana context, an individual can comply with the CSA and a state medical marijuana exemption by refraining from the use of marijuana altogether. Under established precedent, it would appear that the federal prohibition on marijuana would only preempt a state medical marijuana law under the impossibility prong of conflict preemption if the state law required individuals to use medical marijuana. State laws, of course, contain no such mandate.
Liability for State Officials?
It should be noted that state laws that provide a mechanism by which state officials who participate in helping qualified individuals gain access to marijuana may theoretically expose those state officials to federal criminal liability. It is not only individuals who possess, produce, or distribute marijuana who are subject to federal sanctions, but also those who conspire, aid and abet, or assist in that proscribed conduct.103 Take for example, state laws that require state officials to return marijuana improperly seized from a qualified individual.104 Theoretically, the action of returning that marijuana would qualify as a felony distribution of marijuana under the CSA.
The legal status of state laws respecting the use of medical marijuana remains ambiguous. Although state laws that merely exempt qualified users of medical marijuana from state prosecution have consistently survived preemption challenges, state laws that affirmatively authorize and regulate medical marijuana may pose a more serious obstacle to the accomplishment of federal objectives. For example, operators of licensed marijuana dispensaries which may represent legitimate licensed business ventures under state law are subject to felony prosecutions under federal law at any time. Thus, it appears that it is generally the discretionary restraint of the federal government, in addition to the necessity to prioritize limited resources, that brings some modicum of stability to the interplay between state medical marijuana laws and the federal prohibition on the production, possession, and distribution of marijuana.
link here for the full report: http://www.fas.org/sgp/crs/misc/R42398.pdf
*I think it is important to note that this report was written for Congress in regards to Medical not Recreational Marijuana. While we may think the guy who wrote this has an obvious Anti-Cannabis agenda, we need to be aware that this is step #1 in the old boy government’s strategy to build the federal case against MMJ in general,(and for funds to combat MMJ legalization spreading) despite broad public support for changes to national cannabis policy.
this seems to be the intellectual response, lets hope it prevails.
maybe these folks should be doing more listening, to the businesses already in operation… Following win, Colorado marijuana activists debate how hard to pushwww.denverpost.comColorado marijuana activists, empowered after backing a successful legalization effort in the state, are in the midst of a dialogue about how far to press their success.
so begins the justifications of funding grabs….
Springs police chief estimates he will need 50-200 additional officers to enforce road safety after A64.http://www.koaa.com/news/marijuana-dui-a-concern-especially-after-amendment-64/
We want to offer some sweet savings in Thanksgiving for having such awesome MMC partners to sell our products to patients
if you order by 7pm on Monday the 26th you will save $5 off any order of 20 units, $10 off any order of 35 units, and $15 off any order of 50 units… any products, and mix and match…
Also we’ve had great response to our Full size 9″ customized cheesecakes, here is a glimpse of a small section of flavors we made last week. Get on sending your order forms in for the next round of Holidaze!
Alright, get on the ordering, Apple Crisps are hot n perfect for the snow coming this week, and we have the final week of Pumpkin Cheesecake! snozzberry & black forest are available too!
This is the week for Durango, Telluride and points south, let me know if you need our delivery services.
PS if you want to team up on a holiday offer to do a discounted cheesecake or some other Twirling Hippy edible call me at 303 922 3661 and lets see what we can do together to build some holiday good cheer!
Twirling Hippy Confections
2145 W Evans, Denver CO
303 922 3661- call me if you have any questions,
at 8:41 PM
Submit for publication: I consider any emails I receive to be publishable unless otherwise indicated e.g. (FYI ONLY, DO NOT PUBLISH, NOT FOR PUBLICATION. ETC.) [email protected]
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