Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, October 12, 2009

Possible Major Speed Bump on the Way to Legal Marijuana | AlterNet

By Stephen Webster, Raw Story. Posted October 11, 2009.

In spite of a law on California books for over a decade allowing sales of pot, L.A. DA Steve Cooley suddenly announces, "The time is right to deal with this problem."

In spite of a law on California books for over a decade which allows the sale of medical cannabis to properly licensed patients, the district attorney in Los Angeles County is preparing an all-out legal assault against the "vast majority" of dispensaries.

"Hundreds of dispensaries operate under a 1996 voter initiative that allowed medical marijuana use, and a state law that allows for collective growing of marijuana," NBC Los Angeles reported. "But based on a state Supreme Court decision last year, [LA County District Attorney Steve] Cooley has concluded that over-the-counter sales are illegal. Most if not all of the dispensaries in the state operate on that basis."

"The vast, vast, vast majority, about 100%, of dispensaries in Los Angeles County and the city are operating illegally, they are dealing marijuana illegally, according to our theory," Cooley said, according to The Los Angeles Times. "The time is right to deal with this problem."

That "problem" -- over the counter sales of marijuana to licensed patients -- accounted for some $18 million in tax revenue for the state last year, reported The Christian Science-Monitor, during a time when California is facing the greatest budgetary challenges in its history.

However, those with prescriptions for marijuana account for roughly 10 percent of the state's marijuana users, according to a California NORML report (PDF link) prepared for the Oakland Civil Liberties Alliance.

"In a radio interview on KABC-AM (790), Cooley reiterated his plan to close down many of the 800 to 900 medical marijuana shops believed to be operating in the city of Los Angeles," noted the Contra-Costa Times.

"We will give them fair notice and, hopefully, they will see the light and voluntarily close down," Cooley reportedly said. "We are going to uphold the laws of California."

The Marijuana Policy Project (MPP), a group which advocates the nation-wide legalization of cannabis for adults, strongly disagrees.

"In a radio interview on KABC-AM (790), Cooley reiterated his plan to close down many of the 800 to 900 medical marijuana shops believed to be operating in the city of Los Angeles," noted the Contra-Costa Times.

(Click the link below to read the entire story.)

Possible Major Speed Bump on the Way to Legal Marijuana | Rights and Liberties | AlterNet

Tuesday, March 24, 2009

Making Congress READ the Laws They Pass

Everyone is wrong about the AIG bonuses.

By counterspinyc- Democratic Senator Chris Dodd of Connecticut inserted language into the scam-stimulus bill permitting the AIG bonuses that everyone is now bloviating about. He did so at the request of the Treasury Department. A Congressional majority then voted for the Dodd proposal, and President Obama signed it into law. Those upset about the AIG bonuses should focus on the fact that Congress authorized them.

All the Congressional grand-standing about how bad the bonuses are is rank hypocrisy. One of two things is true . . . Either those who voted for the scam-stimulus bill knew about the bonus provision, in which case they ought to be "falling on their own swords," instead of castigating the government-appointed CEO of AIG, or . . .

They didn't know about the bonus provision, in which case they ought to introduce DownsizeDC.org's "Read the Bills Act," so they'll know what they're passing before they cast their votes.

But, the politicians aren't the only guilty parties in this stupid controversy. The American people are also at fault. Here's why:
We're constantly told that Congress doesn't respond to public pressure and that,
therefore, what DownsizeDC.org is trying to do won't work. And yet, we see
Congress respond to public pressure repeatedly. The only problem is that it's
always pressure about the wrong things! The way to prevent problems like the
bonus-authorization provision is to pass the "Read the Bills Act" (RTBA).

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Judge Rules: "It's OK To Give Police The Finger"

By Torsten Ove, Pittsburgh Post-Gazette

Memo to cops everywhere: You can't cite someone for giving you the finger.

That's essentially what a federal judge ruled yesterday when he said a city police sergeant was wrong to cite a Regent Square man for flipping him off in traffic three years ago.

U.S. District Judge David Cercone granted summary judgment to David Hackbart, who said in a federal suit that Sgt. Brian Elledge violated his constitutional rights by issuing him a citation in 2006.

"Elledge's response to Hackbart's exercise of his First Amendment right was to initiate a traffic stop and issue a citation for disorderly conduct," the judge wrote. "Clearly, Elledge's conduct was an adverse action in response to Hackbart flipping him off."

The case will now proceed to trial in U.S. District Court on the underlying claim that the city doesn't adequately train its officers to know when they're violating someone's rights.

The Supreme Court has consistently ruled that giving someone the finger, even a police officer, is protected free speech.

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Wednesday, March 18, 2009

Why is medical marijuana still against the law?

By Adriana Stuijt - Paul Armentano, deputy director for the National Organization for the Reform of Marijuana Laws, writes that this decade, medical marijuana has gone from the fringe to the mainstream. So why is it still against the law?

He writes: "This is the 10-year anniversary of the publication of the Institute of Medicine’s landmark study on medical cannabis: “Marijuana and Medicine: Assessing the Science Base.” see Also see and also Canada use here

"When the White House commissioned this report in response to the passage of California’s Compassionate Use Act of 1996, many in the mainstream media, and many more lawmakers, were skeptical about marijuana’s potential therapeutic value.

"The publication of the Institute of Medicine’s findings — which concluded that cannabis possessed medicinal properties to control pain and nausea, and to stimulate appetite — provided the issue with long-overdue credibility, and began in earnest a political discourse that continues today.

"So what have we learned in the ten years following the release of this groundbreaking study? We’ve affirmed that the use of medical marijuana can be used remarkably safely and effectively. see
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Friday, March 6, 2009

Marijuana laws are 'complete lunacy'

By

NICK PANETTA

Historically, marijuana drug laws are the product of a lack of knowledge, and what must either be described as propaganda or complete lunacy. Prior to the federal Marihuana Tax Act of 1937, 27 states had passed laws against marijuana. Those states could be categorized into three groups: Southwestern, Northeastern and Utah.

Looking at the legislation, it's obvious the Southwestern states outlawed marijuana to control an undesired Mexican population. It wasn't marijuana that legislatures were fighting, it was its users; cheap Mexican labor was a problem. Congressmen rallied around statements such as, "All Mexicans are crazy, and this stuff [marijuana] is what makes them crazy," and "Give one of these Mexican beet field workers a couple of puffs on a marijuana cigarette and he thinks he is in the bullring at Barcelona."

Northeastern states had entirely different reasons for the ban. According to a 1919 New York Times editorial, "No one here in New York uses this drug marijuana. We have only just heard about it from down in the Southwest, but we had better prohibit its use before it gets here. Otherwise all the heroin and hard narcotics addicts … and all the alcohol drinkers … will substitute this new and unknown drug marijuana."

read more | digg story

Thursday, March 5, 2009

Hearing Reveals Out-of-Whack Enforcement Policies

by Ali Noorani, National Immigration Forum
Look no further than Arizona's Maricopa County Sheriff Joe Arpaio as the prime example of enforcement priorities that are terribly misguided.


Recent reports, including a Government Accountability Office report released today, have called attention to the program's lack of federal oversight and how the program is being implemented at the local level. The following is a statement by Ali Noorani, executive director of the National Immigration Forum, a nonpartisan pro-immigrant advocacy organization in Washington.

The facts are piling up that 287g agreements are expensive to implement, both in
terms of dollars, and in community trust. As newly released independent and government reports expose, implementation of the 287g agreement by 67 local and state law enforcement agencies has been devoid of appropriate federal oversight, resulting in excessive use of force, civil rights abuses and costly lawsuits.

Look no further than Arizona's Maricopa County Sheriff Joe Arpaio as the prime example of enforcement priorities out of whack.

With a stack of 40,000 felony warrants, more than 2,700 civil rights complaints and residents afraid of calling the police to report a crime, he has shamelessly compromised community safety in his search for headlines. In this case, nobody wins -- county law enforcement can't do its job, and there is a lack of trust and communication between immigrants and the police.

A thorough review of the program is urgently needed, and decisions must be made regarding how to limit or end this program. Without a true commitment from Congress and the new administration to reform our immigration system, patchwork enforcement schemes will continue -- and continue to miss the mark. President Barack Obama needs to lead the country forward to a better, safer, more humane immigration system rather than continuing to rely upon the failed policies of the past administration to shore up our broken system.

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Wednesday, February 18, 2009

**Must See** Marijuana Documentary - The Union

Through pot growers, police officers, criminologists, economists, doctors, politicians and pop culture icons, The Union examines the cause and effect nature of the cannabis business - an industry that may be profiting more by being illegal.

Watch this trailer and if you think it looks good watch the full movie online at
http://blip.tv/file/1356143/



read more | digg story

Monday, December 8, 2008

Will charges against Blackwater guards stick?

By Alex Koppelman
The most important question may not be their guilt or innocence in the shooting of Iraqi civilians, but whether they're even subject to U.S. law.
Five Blackwater security guards have surrendered to federal authorities after they were indicted on charges relating to a 2007 incident that left 17 Iraqis dead. A sixth has already agreed to a plea deal with prosecutors.
The Associated Press reports that defense attorneys are already "filing court documents challenging the Justice Department's authority to prosecute the case." This isn't surprising. In a 2007 article, Salon's Mark Benjamin and I explored the legal limbo that was created in Iraq for private security guards like the ones charged Monday. "We've painted ourselves in a corner," Peter W. Singer, an expert on private security contractors who is a senior fellow at the center-left Brookings Institute explained at the time. Many questions remain about who -- if anyone -- has jurisdiction over these guards, and whether they can legally be prosecuted at all. This case may end up as an important test, and could have larger implications for contractors in Iraq and elsewhere.
The five guards are each charged with 14 counts of manslaughter and 20 counts of attempted manslaughter, as well as with using a machine gun to commit a crime of violence. According to the AP, that last charge carries a 30-year minimum prison sentence.


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Friday, December 5, 2008

O.J. Simpson to get minimum 6 years in prison for Las Vegas Robbery

It seems OJ Simpson is finally getting justice served to him. Today the judge sentenced him to a min. 6 years in jail with a chance at parole, with a maximum sentencing of 18 years in prison.



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Halliburton, KBR sued for unsafe conditions at Iraq base - Yahoo! News






Halliburton, KBR sued for unsafe conditions at Iraq base - Yahoo! News:

"WASHINGTON (AFP) – A civilian employee of US oil services giant Halliburton and government contractor KBR has charged in a lawsuit the companies exposed thousands of workers to unhealthy, contaminated conditions at an Iraqi military base."

Thursday, December 4, 2008

Pardons: Will he or won't he?

From the ACLU...


There’s a real risk that President Bush may issue pardons to a number of high-ranking Administration officials for any activities related to torture, extraordinary rendition and other abuses.
That’s right. Even before they’re charged with a crime, Bush has the power to prevent any criminal investigation into the activities of Cheney, Rumsfeld, Ashcroft, Gonzales and others whose behavior raises serious questions.
Send a message to President Bush telling him you oppose preemptive pardons for torture.
We must make it clear that preemptive pardons aimed at letting high-ranking officials escape accountability for undermining the Constitution and violating the law go against American values of justice and due process.
Today, the ACLU is urging concerned people all across the country to speak out against these pardons. Americans -- and the world -- have a right to know the truth about torture and other abuses carried out in our name.
Tell President Bush: you oppose preemptive pardons for torture.
This weekend, both The New York Times and The Washington Post issued powerful editorials calling on President Bush to resist taking this inflammatory action. We need you to do the same.
As the Post put it, "no country should be in the business of concealing its history." We should be getting at the truth, not excusing those involved in shameless acts.
So, in a preemptive campaign of our own, the ACLU is urging people all across the country to tell President Bush that you won’t stand for preemptive pardons for people who were involved in torture, illegal detention, and other abuses.
Take action: Tell President Bush you oppose preemptive pardons for torture.
In its editorial, The New York Times made the case clearly:

"The Bush administration distorted statutes and case law to legally justify interrogation techniques that had long been considered torture under domestic and international law. It relied on sloppy or aggressive legal analysis as a basis for evading judicial review of a warrantless wiretapping program. It has at every turn chosen the most expansive interpretation of the law to rationalize indefinite detentions and deny federal court review to those in custody. It has, in short, determined its preferred course of action first and then stitched together absurd readings of the law to defend those choices."

The last thing America needs as we set out to restore the rule of law and repair America’s reputation in the world is a last-ditch Bush effort to pardon those who guided our country so far off course.
Please act now. Help the ACLU raise a powerful wave of protest expressing outrage that pardons by President Bush are even under consideration.
Sincerely,
Anthony D. Romero
Anthony D. Romero
Executive Director
ACLU

Friday, November 28, 2008

DA reveals evidence against Cheney, says 'don't let it die'

Willacy County District Attorney Juan Angel Guerra spoke to two Texas television stations Wednesday night regarding his investigation of injustice within the prison systems which led to the indictment by a Texas grand jury of Vice President Dick Cheney and former Attorney General Alberto Gonzales, along with other officials.

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FULL KRGV REPORT AT THIS LINK
FULL COPIES OF THE CHENEY INDICTMENTS CAN BE DOWNLOADED AT THIS LINK

Friday, November 21, 2008

Judge Orders Five Detainees Freed From Guantánamo



In an important test of the Bush administration’s detention policies, a federal judge ruled that five Guantánamo Bay prisoners are not being lawfully held.

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Thursday, November 20, 2008

Pamela Anderson Wants Obama to Check Out Her Huge Ideas



Pamela Anderson wants marijuana to be legalised.
The former 'Baywatch' star has written an open letter to US President-elect Barack Obama, outlining ways to make the country better.
Pamela believes cultivating the illegal substance would "save children" and help the environment.
She wrote on her official blog: "I think we should legalise marijuana, tax and monitor - farm hemp etc. This would make our borders less corrupt and then I think eventually this will be a more secure option and save children in the long run - we should be able to farm hemp in America - it's just silly. It would create jobs and be good for the environment."
Pamela also controversially suggests anyone found guilty of molesting children or possessing child pornography, should be castrated for their crimes.

read more | digg story

Thursday, November 6, 2008

Gay Marriage Ban Looks to Have Passed in California, but Is It Legal?

"Lawyers and marriage equality proponents are calling Proposition 8 illegal, and they may have good legal ground to stand on."
Hundreds of gay people and their allies at the Music Box in Hollywood on Election Night thundered their approval when states such as Pennsylvania and Ohio were called for Barack Obama. Like so many others around the world, gay people, anxious for change, felt the pendulum of history about to make a huge sweep in a progressive direction.

Just when we thought the voters of the US were moving forward, the voters of California take a tragic step backwards. How sad, how very sad.

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Tuesday, November 4, 2008

URGENT: Stop Racist Voter Suppression - Take Action NOW!

Please sign this petition!  If you're having problems voting and feel your voting rights were violated go to The Election Violation Report Site and file a report.  A list of telephone numbers by state is available at NASS's State Voter Hotlines


Sign the online petition at http://www.iacenter.org/stopvotersuppression

Online Petition Text:

 

To: President Bush, Senator McCain, Governor Palin, Attorney General Mukasey, Governors of Key States, Congressional and Republican Party leaders and members of the media

 

In the days leading up to a historic election, there has been a massive, illegal attempt to suppress votes, particularly among the poor, communities of color, and students.

 

These tactics include:

 

--In Ohio, the Republicans attempted to illegally challenge the registrations of 200,000 new voters.

 

--Voters, like in West Virginia counties, have reported that electronic voting machines visibly changed their vote to John McCain when they tried to cast their vote for Barack Obama.

 

--Students in Colorado, Virginia, and South Carolina were told that they would lose their scholarships and that their parents could no longer claim them as dependents on their tax returns if the students voted in their college towns.

 

--In Georgia more than 50,000 voters were improperly purged from the voting rolls, a clear violation of federal laws that prohibit massive purging within 90 days of an election. Approximately 4,500 of them have been wrongly identified as “non-citizens”.

 

--In Indiana, Republican officials filed a lawsuit to close down early voting sites in three key Indiana cities—Hammond, Gary and East Chicago. Indiana’s population is only eight percent Black, but Black voters are heavily concentrated in the three cities targeted by the lawsuit.

 

--In Florida, Ohio, Nevada, Virginia and Wisconsin, right wingers are using the Jim-Crow practice of 'caging,' where they send out mass mailings to low-income neighborhoods.  If the letters come back unopened, then those voters are challenged at the polling place.

 

These are just a few of the tactics that have come to light in the recent period which are part of an ongoing pattern of racist disenfranchisement--an illegal campaign to deliberately deprive people of the hard-won right to vote.

 

I demand:

 

•    Stop police intimidation of voters.
•    Keep polls open until everyone has the opportunity to vote.
•    Full emergency staffing of polling places to meet the widely-expected massive turnout.
•    STOP all voter suppression – count all ballots.

Make your voice heard NOW!

Sign the online petition and send a strong, clear message to the White House, Congress, Governors of Key States, and the media.

 

You can sign online at http://www.iacenter.org/stopvotersuppression

Sunday, November 2, 2008

Judge Orders Bush Administration To Produce Wiretap Memos

WASHINGTON – A judge has ordered the Justice Department to produce White House memos that provide the legal basis for the Bush administration's post-Sept. 11 warrantless wiretapping program.
U.S. District Judge Henry Kennedy Jr. signed an order Friday requiring the department to produce the memos by the White House legal counsel's office by Nov. 17. He said he will review the memos in private to determine if any information can be released publicly without violating attorney-client privilege or jeopardizing national security.
Kennedy issued his order in response to lawsuits by civil liberties groups in 2005 after news reports disclosed the wiretapping.The department had argued that the memos were protected attorney-client communications and contain classified information.
But Kennedy said that the attorney-client argument was "too vague" and that he would have to look at the documents himself to determine if that argument is valid and also to see if there is information that can be released without endangering national security.
Justice Department spokesman Dean Boyd said Saturday the department is reviewing the opinion and will "respond appropriately in court."

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