Congress OKs Medical Marijuana Everywhere With DC Rules: Attorney - Toke of the Town Congress OKs Medical Marijuana Everywhere With DC Rules: Attorney \t\t\t\t\tBy Steve Elliott ~alapoet~\t\t\t\t\t in Dispensaries, Legislation, Medical Monday, February 13, 2012 at 2:20 pm theskunk.orgIf one prominent attorney is right about the legal ramifications of the District of Columbia's marijuana law -- specifically, that it was approved by the U.S. Congress -- then it could be a game-changer nationwide. D.C.'s medical marijuana law was the first time that the United States Congress had ever given its explicit assent to any state or local law that permits the medicinal use of marijuana -- and, according to a California attorney who specializes in health care compliance, that is enormously significant under the Equal Protection clause of the U.S. Constitution. In 2009, noting that it was "allowing" the voters of Washington, D.C., to vote on and implement that city's Legalization of Marijuana for Medical Treatment law, Congress approved medicinal cannabis in the federal District of Columbia, over which it has all governmental power. Pappas Law GroupMatthew Pappas: "Congress has turned over the area of medical marijuana to state and local governments"On December 2, 2011, in anticipation of the opening of medical marijuana dispensaries and cultivation centers, the District's mayor released final rules for the program. Last month, the D.C. Council compromised on medical marijuana cultivation centers, a compromise agreement that limited the number of centers in each ward to six. The District of Columbia's medical marijuana program is now being implemented. "States with medical marijuana programs should now be free from federal interference since Congress has allowed local control," attorney Matthew Pappas at Pappas Law Group, based in Long Beach, California, told Toke of the Town Monday afternoon. "Congress being the legislative branch of the federal sovereign and the only body that can change these laws has now done so by recognizing the voting rights of Washington, D.C., citizens." Likewise, Californians and citizens of the 15 other states which have legalized medicinal cannabis are equally protected and have the same voting rights in respect to medical marijuana, according to Pappas Law Group. "Congress has turned over the area of medical marijuana to state and local governments," said Pappas, speaking for the disabled plaintiffs in the California case Marla James v. the Cities of Costa Mesa and Lake Forest. "Through Congress's duty to equally protect everyone under the law, all patients in states with medical marijuana laws operating in full compliance with those laws should not, from now forward, be subject to previous long standing federal marijuana prohibitions." "They're not going to be subject to the CSA [Controlled Substances Act," Pappas confirmed to Toke of the Town in a telephone conversation. "In our country, when one group of voters has been given the right to vote on something, other voters, likewise, have the right to do so -- in this case, approve medical marijuana." "In states where voters have not voted on it, for instance Nebraska, of course it's not going to be legal there," Pappas told us. "But patients and medical marijuana centers operating in full compliance with state laws -- through equal protection -- are not going to be subject to federal prohibition." "Our traction in the courts is very strong on this issue," Pappas told us. "I'm very positive that at some point we're going to have a decision from the courts." Pappas, who earned his J.D. from Western State University and was admitted to practice law in the State of California in 1994, is a member of the federal bars for the Ninth Circuit U.S. Court of Appeals, the Central District of California, the Northern District of California, and the Southern District of California. Focused in the area of health care regulatory compliance, he developed compliance systems for large health care providers including University Medical Center Southern Nevada, UNR Medical School, Pharmerica, Children's Hospital of Ohio, Banner Health System, and Molina Healthcare. For more information, contact Sergio Sandoval, director of public relations at Pappas Law Group.
Excellent, now all we need is a court challenge. I like that lawyer and wondered the same thing awhile ago; http://forum.grasscity.com/general-...pensaries-forced-close-feds.html#post12376805
Another memo from the DOJ would verify this as the law of the land,,but you can bet they will force someone to litigate it into effect for all states. Searching for Washington DC rules in full to see what they gave us to work with now and I am sure there are DC residents in the forum that can inform of any shortcomings,,,I think growing your own is out,,,after all,,how could congress approve medicine growing in our yards,,they would lose election funds for that.
How many members of congress does it take to change a lightbulb? A majority vote. If that doesn't make sense to you it shouldn't. The American education system sucks and you're not alone.
This is good news for sure, I think what needs to happen next is for at least one or two states to legalize recreational use. I don't think that the majority of the members of congress and people in government fully realize the extent to which marijuana has become an excepted form of recreational drug. The MMJ movement has brought out only a marginal representation of the full scope cannabis users in the US. Also the industry that has sprung up and is making 100's of millions each year from MMJ is only a fraction of the future cannabis industry that I think will start to show once a few states fully legalize. Once that behemoth of an industry begins to form the federal government is going to find themselves on the wrong side of popular opinion and will be forced to change their tactics and opinions or risk losing funding and jobs.
Hopefully you're right. Sometimes it seems like Our government honestly doesn't care about popular opinion anymore. That's why congress has like a 10% approval rating and they REFUSE to tax the rich more or go through with any of Obamas plans even though the public heavily favors them. Also it's not as simple as just 'voting em out' because generally the alternative sucks just as much if not more.
most states mandate you grow inside and secure. also no childrren in the house under 18. ususally outside growing is frowned on. Or at least in public view.
Could honestly live with it at this point, and make a movement later on down the road to expand growing to outdoors for private use. However, there is no way they could enforce this for commercial growers when recreational use is legalized. It would be extremely wasteful to grow marijuana indoors to supply public demand legally.
If I am not mistaken,,no personal medical grows allowed in DC,,you must buy from the mmj distributors,,or the black market,,which is why DC's mmj program will just drive more patients back to the green market for the generic mmj. When politicians eyes light up over any new taxes,,licensing fees and income of any kind,,greed kicks in,,same as the rest of society.
Washington State allows outdoor growing with no provisions on children living in the home, nor does Oregon. California allows outdoor gardens, but i do not know about the child age limit. No idea what they do in CO but my sister's bf is in CO and grows outdoors with his card. Everything must be secure yes, in your yard in a fence and out of view, but that is common sense.
Slightly OT, but the brutally photoshopped image of that lawyer looks a whole lot like Saul Goodman...
Well technically they are going to have to under the Equal Protections clause. But again the govt is shady at times so I guess well see how this pans out. It's at least a step forward at the very least.
[quote name='"Visionary"'] Hopefully you're right. Sometimes it seems like Our government honestly doesn't care about popular opinion anymore. That's why congress has like a 10% approval rating and they REFUSE to tax the rich more or go through with any of Obamas plans even though the public heavily favors them. Also it's not as simple as just 'voting em out' because generally the alternative sucks just as much if not more.[/quote] Where are you getting your sources? Lol. Public heavily favors what, over spending and abuse of power? Way to show bias lol. Gov't as a whole is corrupt and we'll see if this is a step in the right direction or just another ploy for the DEA/IRS to sweep in and shut down everything. Only time will tell, but for D.C. residents, great news!