Monday, August 06, 2012

Smoke 'em if you got 'em in California


In the name of freedom, this is a great time to be alive in California.  Cannabis users are rejoicing in Los Angeles and elsewhere in the state. The courts actually ruled in favor of We The People last month and there is an air of joy in LA that I've not experienced before. 

The court has joined the people saying the federal government does not own us in this the land of the free and the home of the brave, even though we support it with tax dollars, personal accomplishments and voter participation.  

We are not their cattle. They do not "own us" as fulfillment to the debts of dead people, i.e. the Marijuana Tax Act of 1937 and counterproductive UN Drug Treaties from 1961.  They do not have a right to control our consumption of a plant.

We The People have determined to save ourselves with the simple hemp solution in issues regarding Fukushima, medical marijuana, global warming, the economy and whatever else it takes to fulfill our responsibility to secure life at least 7 generations ahead.  Restoring hemp to full participation in nature's process is a wise course of action.  

The source of this celebration, which kicks into full gear with September's much awaited THC Cup, September 15th & 16th in Hollywood, is the recent court decision regarding storefront and mobile dispensaries.
The SF Gate reports:

"An appeals court in Southern California recently struck down Los Angeles County's 2-year-old ban on dispensaries, ruling that state law allows cooperatives and collectives to grow, store and distribute pot. However, in a separate case, an appeals court said federal law pre-empts municipalities from allowing dispensaries.

Pot clinic advocates say government bans disregard the state law passed by voters in 1996 that allows the use of medical marijuana with a doctor's recommendation.

Read more: http://www.sfgate.com/news/article/Judge-says-Riverside-County-can-t-close-pot-shops-3760927.php#ixzz22mfPOGBX "

From the recent court ruling on medical marijuana that at least reads like the folks on the corner are legal too since they are mobile dispensaries:

"Subdivision (e) of section 11362.768 expressly contemplates that a “medical marijuana cooperative, collective, dispensary, operator, establishment, or provider” may have a “storefront or mobile retail outlet.”  Page 9, Paragraph 1 https://docs.google.com/gview?url=http://statecasefiles.justia.com/documents/california/court-of-appeal/b233419.pdf?ts%3D1341255677&chrome=true


Also from the above link court decision document - Page 19, Paragraphs 1-3

"A complete ban, such as County's ordinance at issue herein, stands in an entirely different relationship to California's medical marijuana law than a temporary moratorium, general regulations applicable to all business operations, and reasonable restrictions on the location of medical marijuana collectives and cooperatives. We conclude state law preempts County's ban.


DISPOSITION


The order granting a preliminary injunction is reversed, our stay of the injunction is dissolved when the remittitur issues from this court, and the matter is remanded for further proceedings consistent with this opinion. Defendants are entitled to their costs on appeal."

Here's a few relevant links to the decision.

Court Decision - 2 links to confirm text



I am not alone in my observation that life is radically better and more hopeful here on the US West Coast, considering what is going on in our sister states of Oregon, and Alaska


"As many California medical marijuana collectives breathe a deep sigh of relief, pot clubs in L.A. have been given the green light to operate – thanks to the Second District Court of Appeals decision in California on Tuesday. The court issued the groundbreaking ruling in the County of Los Angeles v. Alternative Medicinal Marijuana Collective or AMCC.
The second district Court of Appeals affirmed that medical marijuana collectives are allowed to operate under existing California state law. They further went on to reject any and all bans that the local municipalities may have imposed on these medical marijuana collectives."
We're having a celebration at the USA Hemp Museum to celebrate the end of prohibition in California this weekend, Saturday & Sunday, August 11 & 12 at the USA Hemp Museum, 1358 S. Flower Street, Los Angeles, CA to discuss "where do we go from here?" Richard M. Davis, the museum's curator and founder, can help you find a doctor for your medical conditions that qualify for medical marijuana.
All are welcome. 30% 501(c)3 donations to the World Cannabis Foundation are appreciated as support for the museum.  
Like the title of this article says "Smoke 'em if you got 'em in California."

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