Tag Archives: lawsuit

MPP Calls for Resignation of Sheriffs Suing Colorado to Bring Back Prohibition

Supporters of marijuana regulation in Colorado are calling for the resignation of the six Colorado sheriffs who filed a federal lawsuit Thursday intended to force Colorado marijuana production and sales back into the underground market.

According to news reports, the sheriffs claim they are experiencing a “crisis of conscience” because they believe federal marijuana laws prohibit them from enforcing state marijuana laws. However, the U.S. Controlled Substances Act includes a provision that clearly states is not intended to preempt state laws, and it specifically authorizes states to pursue their own marijuana laws.

MPP’s Mason Tvert explains on “CBS This Morning”:

Boycott Holiday Inn!

Yesterday, a Holiday Inn hotel operator in Colorado and a national anti-marijuana organization filed a federal lawsuit intended to shut down all of Colorado’s legal marijuana retail stores and cultivation facilities.

MPP is encouraging everyone who supports legalizing and regulating marijuana to (1) join us in a nationwide boycott of Holiday Inn hotels until the suit is withdrawn, and (2) sign our Change.org petition urging the hotel operator to withdraw it.Holiday_Inn_Graphics_-_FINAL

The people spearheading this effort were warriors in the Reagan administration’s Justice Department during the “Just Say No” era, and now they’re trying to turn back the clock 30 years in Colorado. At their press conference, the attorney who filed the lawsuit said they want everyone in Colorado who grows or sells marijuana for adult use to go to prison (yes, they actually said “prison”).

These guys aren’t messing around, and neither are we. Help us send businesses the message that they will face consequences if they join the fight to maintain marijuana prohibition.

Sign our petition calling on the Holiday Inn operator to drop its misguided lawsuit, boycott Holiday Inn until the suit gets dropped, and encourage your friends and relatives to do the same.

 

Federal Lawsuit Filed to Derail Washington State from Collecting Taxes on Marijuana Sales

Martin Nickerson
Martin Nickerson, owner of Northern Cross Collective Gardens

Martin Nickerson has filed a federal lawsuit against the state of Washington, attempting to bar the state from collecting taxes on marijuana sales. Washington state officials are demanding that he pay taxes on those sales to the tune of $62,000. However, since Nickerson is under prosecution for the criminal sale of marijuana as a medical marijuana producer, he claims that forcing him to pay taxes on his sales would violate his constitutional right against self-incrimination.

Alison Holcomb, an attorney with the American Civil Liberties Union who was the main author of Washington State’s successful ballot initiative, said the lawsuit has a low probability of taking down the state’s legal marijuana system.

Suppliers like Nickerson have already made public their intent to break federal law, Holcomb said, so paying taxes on their proceeds would not do much to further incriminate them.

“Paying taxes on marijuana implicates you, but so does everything else about being engaged in this system,” she said.

Ultimately, the case brings into question whether federal laws trump state laws when it comes to collecting tax revenue generated from marijuana sales. The outcome of this case could have a significant impact on medical marijuana businesses around the country.

Georgia Student Sues School After Being Victimized by Humiliating Drug War Tactics

A Georgia school system is being sued by a student after an incident that occurred during a marijuana investigation. The victim, who was in seventh grade at the time, was humiliated by school officials in front of other students after being implicated in an investigation. The details speak for themselves:

The student, identified in court documents as D.H., said officials at Eddie White Academy initially strip-searched three other students on Feb. 8, 2011, after suspecting they had marijuana. One of them accused D.H. of having drugs, and he was brought to then-vice principal Tyrus McDowell’s office.

While the three classmates watched, D.H.’s pockets and book bag were searched but didn’t find anything, the lawsuit said. One of the students told school officials he had lied about D.H. having drugs, but administrators continued the search as D.H. begged to be taken to the bathroom for more privacy, according to the lawsuit.

D.H. was ordered to strip and again, no drugs were found.

This sad event was not only illegal according to the U.S. Supreme Court, but it was also representative of some of the more repulsive aspects of the government’s war on marijuana users. Let’s see …

Continue reading Georgia Student Sues School After Being Victimized by Humiliating Drug War Tactics

Arizona Gov. Jan Brewer relents; dispensaries will be registered

UPDATE: On Tuesday, an Arizona state court ordered the state to implement the dispensary provisions of the Arizona Medical Marijuana Act. The court also declared three medical marijuana regulations invalid and upheld other challenged regulations. The health department had said the state might wait until September or later to issue dispensary registrations. Hopefully, this means dispensaries will finally be registered by spring.

Today, Arizona Gov. Jan Brewer (R) announced she will not re-file her lawsuit questioning the validity of Arizona’s medical marijuana program. She also announced that once litigation is resolved challenging the health department rules, her health department will begin issuing dispensary registrations.

Gov. Brewer’s announcement follows a January 4 ruling dismissing her lawsuit. Judge Susan Bolton agreed with the ACLU, Department of Justice, and other attorneys, and found that there was no genuine, imminent threat that state employees would be prosecuted. Bolton said that Brewer could re-file if the problems with her complaint were addressed.

The U.S. attorney for Arizona at the time the case was filed, Dennis Burke, sent a letter to the Arizona health department on May 2, 2011 that flew in the face of the Obama Administration’s stated policy of not targeting those complying with state medical marijuana laws. Burke’s letter said “the [federal] CSA may be vigorously enforced against those individuals and entities who operate large marijuana production facilities” even if they are in compliance with state laws, as well as those who “knowingly facilitate the actions of traffickers.” After receiving the letter, Gov. Brewer directed Arizona Attorney General Tom Horne to file the litigation requesting clarity, even though Burke told media outlets that his office would not target state employees.

Today, Gov. Brewer wrote the acting U.S. attorney for Arizona, Ann Birmingham Scheel, noting her plans to finally move forward. Brewer requested clarification as to whether there are any activities state employees should not engage in and said “the Department of Justice and the administration which you serve will have a lot of explaining to do to the citizens of our country, and State of Arizona employees in particular, if the State’s reasonable and straightforward requests for clarity are ignored, and the Department of Justice then ambushes State employees with prosecution or civil penalties for implementing the AMMA and licensing medical marijuana dispensaries.”

Now, only one governor is stubbornly refusing to move forward with implementing a duly enacted medical marijuana dispensary program: Gov. Lincoln Chafee (I) of Rhode Island. Here’s hoping he finally sees the light.