Can anyone blame our poor Gov. Jan Brewer and her "confused" Arizona attorney general for going to federal court for "clarification" on the Arizona medical marijuana law? The U.S. attorney general for the state of Arizona is threatening to pounce upon the Arizona medical marijuana licensing agents with the full weight of the U.S. government - possibly even fines or incarceration. What's a poor girl to do?
Out of one side of his mouth, the U.S. attorney general for Arizona says he will "look the other way for medical marijuana users" and then out of the other side of his mouth says, "At the same time, they can't be under the impression that they have immunity, amnesty and or a safe haven."
The Obama administration is suing the state of Arizona regarding SB 1070 usurping federal law and citing the Supremacy Clause of the U.S. Constitution. Then, on the other hand, the U.S. attorney general for Arizona is telling Gov. Brewer that the Arizona medical marijuana law trumps the Federal Controlled Substances Act.
Wait a dog-gone minute here. The Obama administration can't cherry-pick which federal laws fall under the Supremacy Act and which won't be enforced. Either there is a Supremacy Act that is always enforced over state laws, or there isn't.
The Citizens of Arizona are thankful that we have a chief executive, Gov. Brewer, who is protective of the legal and financial well-being of her employees. She doesn't want to place them in harm's way.
Leon Ceniceros, Mesa
Dale Whiting posted at 6:38 am on Sun, Jun 5, 2011.
Leon,
Nice to see you openly writing a letter. You, I and Richardson appear to be the only ones who both write openly and comment openly. Richardson does mostly columns.
Now Leon, take notes. A test will follow.
Where you say "The Obama administration is suing the state of Arizona regarding SB 1070 usurping federal law and citing the Supremacy Clause of the U.S. Constitution." you speak correctly. I understand that you do not comprehend the intricate ins and outs of that clause, but you apply it correctly when speaking about SB1070.
But then you go on to say "on the other hand, the U.S. attorney general for Arizona is telling Gov. Brewer that the Arizona medical marijuana law trumps the Federal Controlled Substances Act." No Leon, they say that where it may appear to be trumping it, it would violate supremacy, also.
The interfearance is indirect. Arizona MMJ law implies that those who grow MJ do it without violating the law, Arizona law but imply that they are somehow outside the Federal Law. If and when the Feds decide to charge a MJ grower, he may challenge supremacy, saying that the State laws trump the federal laws. He is likely to loose. But since MMJ does not directly address the federal laws, the Feds cannot challenge it. Some poor dope who gets himself caught must do it. [For the test, study up on the doctrine of "standing."]
The far better question to be asking is "Will we continue criminalizing at both state and federal levels marijuana, particularly MMJ?" There appears to be forming a ground swell to decriminalize MJ. Where Arizona has done so with MMJ, and should the Feds not enforce the MJ laws for MMJ, we get a defacto legalization.
Now comes the quiz.
Explain how the Feds may choose to involk supremacy for SB1070 and not for MMJ such that supremacy remains the constitutional law of the land and is not waived by overlooking it for MMJ?
I'll give you 24 hours to post your answer. It's one question, pass / fail. You'll have to look "standing" up for yourself.
Dale Whiting posted at 7:00 am on Sun, Jun 5, 2011.
P.S.
Elsewhere I have explained why what Brewer and Horne are doing makes sense. Where they might be a challenge to MMJ, they ought to search it out first.
Hint to Leon. Horne has standing to ask a court to make that decision. The feds do not!
Arizona Willie posted at 7:17 am on Sun, Jun 5, 2011.
The Medical Marijuana law was legally and duly passed.
The law is legally in effect.
The Governor was opposed to the law before it was passed.
She has NO AUTHORITY to set aside valid laws of the state because she is worried about the consequences. In fact, she is not worried. The Federal Government has NEVER arrested a State employee for action performed under a State Medical Marijuana Law.
She knows that.
She is simply trying to stop a law she didn't like.
If she can set aside any law she doesn't like she could set aside laws against robbing banks or laws against illegal immigrants.
NO LAW WOULD BE SAFE if the Governor could stop it's implementation because it didn't please them.
SHE IS OVERSTEPPING HER AUTHORITY.
The Governor should be SUED personally and her office.
A recall petition should be started immediately.
BTW I am not a marijuana user. But the law is the law.
The media screams bloody murder that Sheriff Joe is exceeding his authority in enforcing immigration law.
But they are completely silent when the Governor ILLEGALLY stops implementation of a law the don't like.
RationalHuman posted at 12:37 am on Mon, Jun 6, 2011.
"The Citizens of Arizona are thankful that we have a chief executive, Gov. Brewer, who is protective of the legal and financial well-being of her employees"
Wow.
Does the Tribune ever edit their comment section for outright lies?
Poor Leon - he's still running from my challenge to name ONE state employee in any of the FIFTEEN STATES with legal MM that has been arrested or prosecuted by the feds.
That's because IT NEVER HAPPENED.
Why can't these lying, two-faced weasels admit the truth? What is it that they are so afraid of?
RationalHuman posted at 12:39 am on Mon, Jun 6, 2011.
Dale bleated "Elsewhere I have explained why what Brewer and Horne are doing makes sense."
Yep, you sure did...but after removing the false claims, slander, and outright lies, your "explanation" is left with nothing but hot air.
Got anything else?
RationalHuman posted at 1:10 am on Mon, Jun 6, 2011.
"Nice to see you openly writing a letter. You, I and Richardson appear to be the only ones who both write openly and comment openly."
Gee Dale, I'm so sorry that my sexual orientation, as well as my religious views (or lack thereof) makes me a target of violence and threats from your buddies in the "Immoral Majority".
Do you also heap praise on the local KKK when they post letters? Ah, indeed you do, although they call themselves "La Raza".
And Dale, one last thing - before praising Leon for "openly writing a letter" I suggest you take a look at the spelling, grammar, and overall punctuation of the letter...and then notice the complete lack of same in every one of his comments.
One person is writing the comments, and another the letters...they are NOT the same person.
But I understand your need to defend this position. Your letters are quite the contradiction to your comments as well. [wink]
Dale Whiting posted at 7:32 am on Mon, Jun 6, 2011.
Rationalhuman,
My letters are word processor documents which are edited extensively to fit into the limited space and easily spell checked. The comments are shots from the hip which are never spell checked. You ought to give letter writing a try sometime.
Same guy. Same ideas. No contradictions.
What Brewer and Horne are doing is seeking an opionion from a Federal Judge on whether those who venture out to grow and market MJ risk federal prosecution. Hopefully Horne will have standing sufficient to get an opinion which binds the Feds. But the Feds do not have that standing.
I didn't know you had any orientations? What are they?