Do They Also Believe That The Earth Is Flat?

Pot Dispute Still Unresolved
via The San Bernardino County Sun
If state Attorney General Jerry Brown’s medical-marijuana recommendations released this week were meant to clarify a muddied issue caused by conflicting state and federal law, not all local officials saw the light.
… San Bernardino County and its Sheriff’s Department are challenging Brown’s recommendations with a petition to the U.S. Supreme Court.
“We still think the recommendation is in direct conflict with federal law,” said San Bernardino County sheriff’s spokeswoman Arden Wiltshire. “Our sheriffs believe federal law supersedes state law.”
… “I’m not sure if the new determinations make a difference or not, it’s too soon to tell,” said Fontana police Sgt. Jeff Decker. “We still treat a violation of marijuana possession as a violation of the federal law.”

This, of course, would be humorous if it wasn’t so pathetic.
Let’s review shall we.
The voters of the state of California approved legislation to exempt qualified medical marijuana patients from state arrest and prosecution in 1996 — that’s 12 years ago.
Since then, the Legislative Counsel of California, the state Attorney General’s Office, the Superior Court of California, the 4th District Court of Appeals, and a majority of the California legislature have all determined that local politicians and law enforcement are obligated to uphold the provisions of California’s medical marijuana laws.
California’s constitution is also quite clear on this point — mandating that police have a sworn duty to uphold state law, not to enforce federal statutes.
In short, there is no ‘confusion’ regarding the legality of California’s pot laws.
There is only arrogance and recalcitrance on the part of those who have chosen to abuse their power and position to hamstring the will of the voters, the legislature, and the courts.

0 thoughts

  1. I’m so glad that I haven’t eaten anything… Otherwise I would have just puked… This makes me absolutely sick… Someone should Sue the hell out of the police for upholding the wrong set of laws. All those that refuse to serve the people should be stripped of any and all authority. They should be thrown out of their positions. Will not the people stand and do something about this outrage!?
    Also, How did the democratic convention go? Did they respect the peoples wishes or did they continue to prosecute innocent civilians?

  2. that’s a stirring post and all, but of course there is quite a bit of confusion out here. that’s why jerry brown posted the guidelines — people were confused. the confusion is about how to distinguish between medical use and recreational use. recreational use has not been legalized but a lot of people are acting like it has been. this creates a situation. the law contains ambiguity, like every law. not to mention the state/federal issues. time will tell.

  3. It’s a good gig and you can’t expect these guys to give it up easy (the SB Shitheads — I mean sheriffs) because you know it’s much easier bullying some pothead cancer patient than trying to catch real criminals — sheez! Give law enforcement a break!

  4. Surely we can foster a campaign to get this “Sheriff” fired, de-elected or otherwise put out to pasture with the rest of the old cows. I mean, he should have to pay for his oppression against the people against their will.

  5. It’s long overdue for some Federal reform. I’m sick of hearing about out of control federal officers and corrupt politicians who abuse their power and dis-regard the constitution! We’re constantly losing liberties and freedom everyday. We the people should have control over our government, not the other way around! It’s time for a change everybody, a REVOLUTION!!!

  6. The sheriff is elected by the people of San Bernardino & sworn to uphold California law his job dose not include enforcing federal law the same as it doesn’t include fighting the war in Iraq/Afghanistan. The people of San Bernardino pay his salary not the Federal government. When the sheriff gos off using resources to enforce Federal law he is really steeling from the people of his county by using their tax money to enforce law out side of his responsibility and contrary to their wishes. It’s a clear miss use of tax payer money the same as if he had his deputies mowing his lawn and painting his house.
    If I lived in San Bernardino I’d look in to what kinds of civil actions I could bring also maybe impeachment.

  7. I can’t believe their sworn duty is to uphold california law but they somehow find a way around it.

  8. Why are these people not cited and tried for mal/mis-feasance in office?
    What is required to do so?
    None is forced to be a Sheriff in San Bernadino County, and if they want to uphold marijuana laws over any other, let them join a Federal law enforcement organization.
    Otherwise these people have got to realize the marijuana gravy-train is -over- for them, no matter for how many years they have schemed to arrest people for smoking pot, just hours before they go pop open a beer and light a cigar(ette).
    I just wonder what their response is when confronted with the constitution and the decisions which say they have to uphold CA law over Federal statutes.
    By the way, which other Federal laws do local police and county sheriffs bother to enforce?

  9. San Bernardino County has always been run by rednecks. Typically embarrassing and sad. The Sheriff needs to focus on the thousands of meth labs and gangs, (real problems). Not law abiding citizens like myself who benefit from medical cannabis. Hopefully when Obama gets elected he’ll put an end to the Federal harassment.

  10. Then they wonder why people are losing respect for the police. No wonder no one likes the police anymore, they don’t even follow the laws that are written, we might as well just get rid of the legislature and let the police decide the laws (sarcasm).

  11. you should never – ever – ever find a law enforcement (state level) that will say “Our sheriffs believe federal law supersedes state law.”

  12. Can’t all patients arrested in SB county file Official Oppression charges against the officers involved in kidnapping them and locking them up against their will. There must be something we can do to make the lives of these over zealous public SERVANTS of the people accountable for their refusal to follow stae law.

  13. (EDIT) There must be something we can do to make these over zealous public SERVANTS accountable for their refusal to follow stae law.

  14. We act like recreational use is legal because under the constitution it IS legal. The Laws they have enstilled in our country violate the base of law that is the constitution. You can just phase out a law informally by making up new laws to supersede it.

  15. I think everyone can see that this is all about money and always has been. The war on drugs is an industry as disgusting as it gets. politicians are paid off to keep the laws from changeing, prisons make money, the sheriffs and prison guards make money and as another poster stated they don’t want to give up their easy money. The sheriff and police departments know that if Marjuana is legalized they will lose a lot of jobs and that’s the bottom line. I have no respect for them any longer. They are absolute hypocrites. How come when it comes to illegal immigration they tell us they can’t do anything because it’s federal law and not their jurisdiction but when it comes to Marjuana they feel compelled to enforce federal law? I hope they all lose their jobs and pay for abusing the people that they are supposed to serve.

  16. I agree with Eric johnson, comment #10. When are these law enforcement officers going to be charged with the R.I.C.O.H. act. If you read the law you will find that it fits perfectly! This law has been used sucessfully in the past to procecute corrupt organizations that continue to ignore the laws. What difference does it make if it is some wako procecutor that INSTRUCTS their officers to ignore a legal state law. That in itself is ample evedence to ARREST these criminals who are already acting with forethought and malise to subvert the will of the people at the legislative level. It is CLEARLY not their job to ignore the enforcement of laws they do not agree with. They need to resign IMMEDIATLY. I live in San Diego county and our procecuting attorney bonnie dumanis and her gang of criminal police officers have busted every dispensary and arrested every Doctor and stomped on any citizens rights under california law (myself included) that they can find. What agency is there to enforce state law when our officers are running amok without restraint? It is time to take back our rights BY ANY MEANS NESSESSARY!!! I want these prosecutors and officers arrested today and face the people who’s rights they so arbitrarily STOMPED on!!

  17. It’s all been said. Why are the people allowing the sheriffs dept. to break the state laws they are sworn to uphold? Throw’em out! Better yet,trial and conviction would be more appropriate.Ask the county judge for action.

  18. Right on RED! Couldn’t have said it better myself. Voters: Hold your public officials accountable for their actions. They certainly aren’t going to hold each other accountable.

  19. I wounder how many of these same county sheriffs deputies hang out after work with their buddies and have two or more beers then drive home and thats ok. Then these same county sheriffs deputies the next day will arrest some poor cancer patient for using medicinal marijuana purchased legally to help ease their suffering. Their all a bunch of hypocrites.

  20. Actually if anyone has or wants to buy a copy of ‘The Marijuana Conviction’ it shows quite clearly on about page 16, federal law does NOT supersede state law. The problem is we’re so far removed from the constitution that no one knows they can call the feds on this bluff. Once again, federal laws are only to regulate INTERSTATE commerce.

  21. They dont even give the question thought after they have herd the facts, they sound like they are just repeating what they have been told in the past
    they talk to hear themselves

  22. I live in hesperia ca and while I’m happy with most of the sheriff deputies and with the job thay do i don’t think thay should make law or use force to uphold there opinion soon thay will need the tax dollars from cannabis just to stay open in this state as its going broke so listen up top cops do your job stop and catch speeders red light runners killers rapers and robbers and DRUNK DRIVERS let me say that one again DRUNK DRIVERS and in Sb and the IE after a hard days works don’t go home and beat your wife’s and kids just roll a joint and chill TOP Cop’s


  24. I live in Apple valley ( not as happy with sheriffs as Hesp resident above) is there a NORMAL in this county? Partner aids and obviously having issues with h the control and what seems to be blatant disregard of ca voters…..sigh

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