What the hell is going on?? Now here Come The Feds!

[killerweed420]

It boils down to the constitution and more specifically the bill of rights 10th Amendment. States have the legal authority to allow for sale anything they want as long as it doesn't cross state lines. The commerce clause Article 12 come into play on this. Its whats commonly called the commerce clause. It gives the feds the right to regulate anything that crosses state lines and thats the point. MMJ does not cross state lines. Inform your governors that you are tired of them not upholding the constitution of this great land and that if they don't start doing that they need to be replaced.

[Purple Daddy]

It boils down to the constitution and more specifically the bill of rights 10th Amendment. States have the legal authority to allow for sale anything they want as long as it doesn't cross state lines. The commerce clause Article 12 come into play on this. Its whats commonly called the commerce clause. It gives the feds the right to regulate anything that crosses state lines and thats the point. MMJ does not cross state lines. Inform your governors that you are tired of them not upholding the constitution of this great land and that if they don't start doing that they need to be replaced. >>>>>

That is all fine and dandy and when the Fed's show up, shut everything down and confiscate everything you can sing the star spangled banner, god bless america or God Save the Queen, it won't mean shit.

Cannabis is not considered commerce by the federal government, it's a schedule 2 class of drug and illegal in all 50 states including the District of Columbia. IF state governers want to fight this more power to them but it's going to be a drawn out and expensive campaign. To get the constitution changed will require 2/3 of the states, that will never happen. The states have to sue to have it's status changed and that probably won't happen either.

The reality is that people took HUGE liberties in setting up shop in the face of federal prosecution assuming that(for whatever reason i don't know) state law would protect them. You can state any amendment or article you want it wont change the reality people are facing right now.

[copobo]

nothing will change until there is a medical program in 26 states.

[senorx12562]

The 10th amendment has pretty much been the rule that was swallowed by the exception ( the commerce clause) since the Supreme Court ruled, in Wickard v. Fillmore I think,that that the gummint could, under the auspices of the commerce clause, regulate what a farmer grew on his own property for the consumption of his own family only, which product never entered any stream of commerce, let alone interstate commerce, by reasoning that if the farmer's family hadn't had their own harvest to eat, they might have bought food out of the stream of commerce and therefor regulation was justified notwithstanding the 10th amendment. It's only gotten worse. The 10th amendment is a dead letter, at least for the time being. The cases ruling Obamacare unconstitutional will present the Supreme Court with the opportunity to overrule the Wickard v. Fillmore line of cases, but I'll believe it when I see it. Obama certainly has shown himself to be a lying sack of shit though.

[DenverRelief]

Obama certainly has shown himself to be a lying sack of shit though.

The only things that have changed are Obama's positions on which his campaign ran.

It is rather misfortunate that the prevailing attitude seems to be that any Republican candidate, unless a moderate comes out of the cracks, only increases Obama's chance of reelection.

We are so mired in the two party system, the whole citizen body doesn't even seem to be aware of more than two options.

[killerweed420]

The federal agencies have become so hopelessly corrupted by the big corporations that we can't rely on them doing the right and constitutional thing. Revolution is probably about the only option left to the people of this country and for the world for that matter. We were supposed to have a representative type of government, but the only people our politicians represent any more is big government and big corporations. Occupy wall street id happening for a reason and by next summer its going to get bigger.

[copobo]

from norml.org

"Earlier this week, the Internal Revenue Service (IRS) issued a long-awaited $2.5 million ruling against a major medical cannabis dispensary in California. Citing an obscure part of the US tax code meant to target drug cartels, the federal agency is barring dispensaries, even those licensed under state law, from taking any business-related tax deductions and is seeking millions in dollars in back taxes.
This adverse ruling has the very real potential to stop the regulated sale of cannabis currently underway in California, Colorado, Maine and New Mexico; and planned in Arizona, Montana, Delaware, New Jersey, and Washington, D.C "

[Zedleppelin]

The story is different here in Colorado. Profit is A-OK, though we haven't made any yet.

The revenue being generated is being put back in the business towards the cost of building and operating a complaint cultivation facility, licenses and fees out the wazoo, security, employees, etc.

We haven't taken money out of the company because we know that any successful business usually takes several years to build.

I don't think the question is whether a grower has the right to charge $3,000 a pound. At this point, it isn't about rights it's about economics.

Over the summer Colorado saw a price war that made $25 1/8ths the standard among discount shops.

We saw a slight loss in business and adjusted our prices to the market. We still charged more than $25 per 1/8th and likely always will but we grow quality medicine that justifies it.

Now, the supply isn't so flooded and prices are coming up again.

Supply and demand dictates this market just like any other, and my opinion (obviously biased) is that being in business is about making money. As long as we aren't scamming or taking advantage of patients, there is nothing wrong with receiving compensation for hard work.

Even the non-profit co-ops give a salary to those who operate them. Am I wrong?

Don't forget to include all the money donated to CMMR to pay for the lobbyists to legislate your competition (caregivers) out of the picture.

[copobo]

that's a big part of the problem - the dispensaries have played along while we've been divided; and unconcerned when someone else's cannabis rights were taken away, NOW... the people who would be the biggest supporters, aren't in the game anymore..

[boaz]

The 10th amendment has pretty much been the rule that was swallowed by the exception ( the commerce clause) since the Supreme Court ruled, in Wickard v. Fillmore I think,that that the gummint could, under the auspices of the commerce clause, regulate what a farmer grew on his own property for the consumption of his own family only, which product never entered any stream of commerce, let alone interstate commerce, by reasoning that if the farmer's family hadn't had their own harvest to eat, they might have bought food out of the stream of commerce and therefor regulation was justified notwithstanding the 10th amendment. It's only gotten worse. The 10th amendment is a dead letter, at least for the time being. The cases ruling Obamacare unconstitutional will present the Supreme Court with the opportunity to overrule the Wickard v. Fillmore line of cases, but I'll believe it when I see it. Obama certainly has shown himself to be a lying sack of shit though.

yes, I believe that was 'Shrub and The Federalies' v. Raich that went to the Supremes. Its been a while back but I seem to recall the now departed (RIP) Chief Justice as well as Justice Thomas pretty much ruling the same thing you just said above. That a ruling for the federalies in this case would effectively make "the 10th amendment a dead letter". I think that was Justice Thomas' exact words in his dissent ruling comments.

I think certain 2nd ammendment cases have received exception from the commerce clause but I'm no expert.