Cannabis & marijuana are classified as B class drugs
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Court's ruling in Ashcroft v. Raich could come down. The current mood of uncertainty in the medical cannabis industry can be inferred from the following, which was written by an attorney who knows what s/he's talking about:
I recommend to anyone who is currently considering starting, investing money in, or renting to a medical marijuana dispensary or garden -- that they wait to see what happens in Ashcroft v. Raich before taking another step. I think municipalities and other public entities should be just as concerned as private citizens. The feds certainly didn't spare West Hollywood.
I, personally feel right now that Raich might just go the right way -- but I might be crazy. Because nobody knows what will happen, existing MMJ facilities should be setting up contingency plans in case Raich goes the wrong way. Given the behavior of the people in control of this country, I wouldn't put it past the Drug Warriors to go ape shit tearing down the medical marijuana community -- especially in the blue states, and especially in California -- if the Raich decision gives them the power. If they have the option of prosecuting everybody, they will have more than their fill, and will concentrate on some and leave others and their assets untouched. To decrease their chances of being targeted for forfeiture and criminal prosecution, any entity engaged in the legitimate cultivation or dispensing of medical marijuana should make sure their corporate formalities and books are in order, annual reports are filed, taxes are filed and paid, etc. Patients and caregivers should make sure the doctor's recommendations are all current. They should back up the computer and files and storing the backups off site in a safe place.
The same recommendations I made above would also be crucial if Raich goes the right way. If we prevail on our Commerce Clause argument, I believe the conduct would have to be legal under state law in order for the exemption from federal jurisdiction to apply. Any clubs that open up without licenses, and without complying with the record-keeping formalities of state law -- are no more protected from prosecution than a drug dealer on the street corner.
PS: People shouldn't start moving money out of bank accounts or hiding assets to try to keep them from being seized. That only makes things worse -- and could result in money laundering charges. There are no magic bullets -- such as trusts, offshore accounts, etc. -- that will prevent forfeiture of assets. Those devices actually make it harder to defend the case, and may be construed as money laundering, resulting in criminal charges. It's best to conduct your affairs as any other legitimate business would do.
I live in Sheffield, and I would like to start to challenge the local government on their enforcement of marijuana laws as anything other that a misdemeanor. I believe that possession of small amount of marijuana should not be punishable by jail time and should only be a misdemeanor offense. I have no idea about how to even begin this project. Even the most basic information would help me at this point.
If anyone want to knows the model of how this process in here and other places work.
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