Quote Originally Posted by hugs not drugz
heres the thing with the law with mmj, the state gov in cali is chill with it, totally legal. BUT the Federal government is not.. and techniqually they got more power cuz they are like the USA government rather than the California government.
Acutally that is only partially correct. The federal government is not the supreme ruler of the states. The states are sovereign and the federal government's job is supposed to be to resolve issues between the states, not to tell them how to run themselves. The supreme court stated that federal drug laws DO NOT preempt state medical marijuana laws. This means that the state law is NOT superseded by federal drug law. If you would like to read more about this click here. State employees (sheriffs, state cops, DA's etc) must uphold state law as they have sworn to do when they are put in office. They do not have the authority to prosecute someone based on federal law. That's why they call in the feds to raid the clinics they want to shut down. If that clinic were really breaking state law the local LEO would have the authority to shut it down themselves and prosecute the people who owned and operated it.

The law says that the RX bag has still got to be stapled, un opened, and concealed (i think the trunk but idk) until u get home and it is to stay at your house.... that is the law =/
Please show me the law you are referring to. I know of no such state law in California. As a matter of fact under California state law you can roll up a joint and smoke it anywhere that 1)smoking isn't prohibited by law or that isn't 2) within 1000 ft near a school, recreation center or youth center (unless inside a residence) 3)on a school bus 4)While in a motor vehicle that is being operated; and 5)While operating a boat. As far as I am aware you can eat it anywhere. I know of no state law that limits where you can posses Cannabis in California only the quantity you may posses. The state quantity laws can only be increased by local county and city ordinances. Any ordinance that restricts possession amounts to below state levels is not valid according to SB 420.

you come across asshole cops like that one, they can pretty much do whatever they want unless its in your trunk, because it is against federal law, but the victim will probably get cleared in court....
This was addressed above. State and local cops do not have the authority to enforce federal laws, period. While MMJ is illegal on a federal level there are far less federal LEO than state. If it were not for local LEO calling in the feds there would be far less federal prosecutions. Right now the fed is only going after people who stretch the law to its limits and those who are vocal and active politically trying to change federal drug laws. The DEA is currently using the law against political opposition. I believe there is (or was) a lawsuit filed by WAMM or ASA about their selectively targeting people based on their political activities. It is my opinion that state LEO do not have the right to use federal LEO to do the job of prosecuting law abiding citizens. If they cannot arrest or prosecute someone then they should not have the option of calling in the feds to do so. They should in no way cooperate with federal LEO to prosecute any law abiding citizen and should be charged with a crime for doing so.

Other cops on the other hand will go out of there way to protect it because it is legal in state law. like there was a police station that stood outside a dispensary that was about to get raided by feds a few years back and they ended up protecting the club from being shut down. ive also seen and heard cops giving people (minors included) herbals/pieces back with no ticket.
As they should when they are enforcing and upholding state laws. Which is their job. Of course you will find cops do what they think is appropriate and let the courts sort it out. Another reason to have clear rules regarding MMJ is to keep people out of the already overtaxed justice system.

still though most cops are faggot fucking pigs that need to be shot execution style, but there are some tight ones. so yea that's pretty much how it is... Good luck broski
I think that's a bit extreme and not really a productive attitude to have. There is a war on drugs and how can you not want to fight back. :thumbsup: I just think there are more productive ways to fight against the war. But I understand your frustration about the abuse of power of a significant number of LEO. Not to mention the abuse of power of the DA's, judges, and other elected and appointed government officials including the governors, congress, and president.

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men." Lord Acton

I am not a lawyer so if I've left anything out or am incorrect in my understanding of this issue please point me to the correct information so that I may learn and gain the proper knowledge. Thank you for your help.

As for the original post, I'm sorry to hear that the local LEO are still not doing their job properly. The state is working to make it easier to legitimize mmj use but as long as LEO use their discretion people will still have to go to court to assert their rights. You should have never said you had it in the first place. I know it seems like the right thing to do but you need to assert your rights. It's your tax dollars they earn anyway make them work for them. Hope the courts give you justice so you can take your meds and get :stoned:
Blessed be~