TheAgitator.com
Charlie Lynch Found Guilty
Tuesday, August 5th, 2008…of violating federal marijuana laws.
Maybe some right-winger can explain to me the wisdom of having a bullying, overbearing federal government forcing the states to deny sick people the medication that gives them relief. I’d also like someone on the right to explain to me why federalism should prevail when it comes to allowing the states to arrest gay people, ban dildoes, or to trample all over civil rights, but when it comes to letting sick people use marijuana to keep their medication down, we ought to genuflect before the power of the federal government.
Federal prosecutors painted a legitimate business owner who was operating with the consent of his state and local government as a “common drug dealer.” The federal judge then barred the defense from introducing evidence that he wasn’t, in fact, Marlow Stanfield. That is, he prevented the jury from hearing the truth. He prohibited the defense from mentioning that Lynch’s business was legal under state law, and he prohibited them from calling sick patients who benefited from Lynch’s business to testify on Lynch’s behalf. The trial, like all of these medical marijuana trials, was rigged for federal prosecutors from the start (and yeah, I know what the law says, and I know what the Supreme Court said in Raich. It’s wrong. And they’re wrong).
Lynch could get 100 years. “Compassionate conservatism,” my ass. Weep for your country.
PS: Nullify. Spread the word.
Here’s the most recent piece on the Lynch case from reason.tv:
As much as I can’t stand Obama, he is clearly the only choice if you want to end this nonsense, not that it’s guaranteed that his administration would end it, but McCain clearly would continue the policy.
Obama would be better on this issue, slightly. Barr is clearly the best choice (try explaining that to someone in 1999).
When you get called in for jury duty tell them you can be fair and can enforce the law. Then be fair and enforce a higher law. NULLIFY.
Kangaroo Court. Star Chamber. By any name it’s still immoral bullshit.
The question is, when will the state governments stop obeying the federal government and declare federal agents who enforce these laws to be violent criminals? The states need to go into open, possibly armed, rebellion against federal law enforcement when their constitutionally-protected sovereignty is steamrolled by the federal JBTs.
**I’m not saying that the states should overthrow the federal government, or anything like that, but rather the states should not only order their police forces to resist federal law enforcement, but should openly hunt down and arrest the federal agents who carry out these actions, just as they would a gang of violent criminals that raid a lawfully-established business.
Lynch deserves better than this. It is not a crime.
Nullify. Tell your friends. Tell your family.
I was hoping they would nullify this one!
I wonder what would happen if California passed a law stating that any federal employee who enforces a federal law that is in conflict with a state law, or arrests a person abiding by California law, is guilty of a felony. That would mean that they could arrest any DEA agent who cracks down on legal medical marijuana clinics.
Nando, wishful thinking only. It would run afoul of the Constitution’s Supremacy Clause.
Oh, and this story PISSES ME THE FUCK OFF!
What I would like to see are some civil suits, alleging §1983 violations against local law enforcement who cooperate with federal authorities in these raids. Has anyone tried that? If you can scare off the locals, the feds will be much less powerful.
Maybe California’s medical marijuana act should have prohibited the involvement of local officials and made it a crime for them to apply federal laws. Or something like that…
I agree with #8 that simply arresting employees of the federal government for exercizing federal authority that contradicts a State’s wishes will not hold up against Supremacy.
On the other hand, the federal government has no broad authority to even write criminal laws, about drugs or most anything else (excepting treason, counterfeiting, etc.). I think States might have a shot at stopping feds from enforcing laws the federal government has no legitimate authority to write in the first place. At least it’s a better angle.
Of course, that’s still a long shot. I am not sure the last time a case went before SCOTUS that even proferred the argument that some federal criminal law was outside the fed’s perview because the fed has no authority to write criminal law. Even Lopez was a limitation on the authority to regulate interstate commerce, not on the authority to write statutes of common felonies or misdemeanors.
Good idea, Susan K. States with medical marijuana laws (or other laws contradicting federal laws) should explicitely prohibit state (and maybe local) employees from assisting the feds in matters where no violation of state law exists. The feds are leveraging state and local resources to enforce laws the citizens of those states have specifically rejected. If it’s such a “compelling federal interest”, then let the feds do it all on their own and at their own expense.
This sucks for everyone. I share everyones anger and disappointment.
I hope this helps to illustrate that their are only two classes of people in the U.S. right now: Republicans and Everyone else
Jury nullification 4tw.
REVOLT
Edintally, as much rightful ire as the GOP deserves for this, the reality is that these are federal laws - most not recent ones - and the Democrats were in control of both houses of Congress and often the Presidency while most of them were passed. Republicans may be worse on this issue, but the popular idea that the Democrats are drug rationality champions (or even just good) while Republicans are villains is an illusion.
I’m not defending the GOP, but the plain truth is that neither party can claim the upper hand of justice or common sense on this issue. They both suck and both deserve scorn.
The drug laws come from a distortion of the Commerce clause of the Constitution. Congress has no constitutional authority to regulate intrastate trade of anything. You can thank liberal supreme court justices for this interpretation. Stop blaming just conservatives, though they deserve an equal share of the blame. Liberal helped bring us to this mess of a super federal power regulating every part of our lives. Also remember this is a recent phenomenon that most people accept as fact, that the Federal gov. is all powerful and can do what they want.
I don’t think the Supremacy Clause is as much of a stumbling block as everyone thinks. According to this article http://www.keenefreepress.com/mambo/index.php?option=com_content&task=view&id=439&Itemid=36 The sheriff is the highest law enforcement officer in the land and can even kick out the feds.
oh look, the “libertarian” is bashing right-wingers again for doing the exact same stuff the left does, but gets a pass for.
so it’s all the compassionate conservatives who’re at fault in the drug war, and this latest outrage? is that it? just like alaska republican ted stevens is an asshole for being a gladhanding greedhead intent on putting his name on every federal building in his state, while w. virginia democrat robert byrd - who does it more egregiously, and has been doing it a LOT longer, and was an unapologetic KKK kleagle to boot - gets a pass?
lemme ask you lovers of freedom eagerly lining up to vote for the democrats - democrats who are just as against freedom as the gop, if not more - when did peter mcwilliams die? when was his scrapes with the law re med maryjane?
was it 1998-2000? did he die in june of 2000, after being busted by the DEA, and not being allowed to toke as a part of his being out on bond? why YES, i believe it WAS.
what did your beloved freedom-fighting liberals ever do for peter mcwilliams? did they stand up for him, as at least eeeebil rightwinger william f buckley did? what steps did the democrat president take to help him, or others like him? would that be NONE??
compassionate liberalism my ass.
#18: Calm down.
Do you understand that attacking the GOP doesn’t always equate to defending the Democrats? There’s a decidedly pox-on-both-their-houses attitude, here.
The Bush DOJ is prosecuting Charlie Lynch. They deserve criticism for that. That doesn’t mean the Clinton administration wasn’t just as horrible. They just don’t happen to be in power right now. And haven’t been for eight years. Sorry, but I’m not going to preface every criticism of a Bush administration drug war outrage with an asterisk denoting whether or not Clinton did it too. Bush is doing it now, so that’s who deserve the scorn.
If Obama wins in November and keeps this crap up, of course I’ll be on his ass for it.
I would add that the GOP deserves some extra hate here, because of the two major parties, they’re the part that alleges to believe in federalism. But apparently only on issues that suit them.
Hey look, the jack-booted thugs win again.
Fuck these assholes and the state they serve.
I’m shocked. Well, no not really. The federal courts and courts in general are hopelessly corrupt. Federal courts in particular are rigged against anyone opposing the unconstitutional excesses of the State. There is no justice to be found in a federal courtroom. None.
It doesn’t matter a wit which one of the candidate from the bi-factional ruling party win. Things will go on just exactly as before. Demoblican or Republicrat they all have but one master - The State.
Nullification can help stem the tide but at this point I think it’s probably too late. Your average American is perfectly fine with his expertly forged chains and he absolutely loves the ones on his neighbor.
“If Obama wins in November and keeps this crap up, of course I’ll be on his ass for it.” — as will I
I thought we got past equating Republicans with conservatism and Democrats with liberalism? I guess old habits die hard?
Not only does the Commerce Clause not permit Congress to regulate intrastate commerce, it does not allow Congress to BAN anything. Regulate means “to make regular” … prohibition is not a form of regulation.
Interesting how there don’t seem to be any neocons leaping to the defense of their boys’ actions. What’s the matter, fellas? Afriad of a little honest non-Fox moderated debate?
Can you stand the heat?
All white jury nullified the killer cop shooting Tarok Wilson and her baby. Then they lynch Charlie for being a better public servant. The SLO Sheriff Depo is guilty of not serving the laws initiated by the citizens of California. Jerry Brown needs to shit or get off the pot. Start busting Fed some-drug thugs with trespassing. I like the ring to Northern California and Southern California personally, give the south SLO and the north Morro Bay. This is sop GO-Perversions including Clinton and his 6 figured buffoon Czarbarry. CzarBennetts $8mil in the slot machines, HWBushit and Rayguns Nanny No no, and his monkey tests killing Bonzo. Ford burying tumor research, Nexxon rejecting the Shafer report fabricating scheduling standards to include Ganja worse than meth. Thankfully he never screwed with Weights and Measures. San DEAgo DEAth squads and Big Sur and Humboldt raids, 420 DEAth@$60/hr. Millions pent for this farce while fires burn out of control do to lack of resources.
Never much said about the millions smoking happily all over the planet, preventing illness. We the Shekel are totally responsible for massive governments power, 1/2 register to vote, 1/2 of that actually vote. 1/8+1 makes the rules. 1/2 not voting can decide what rules rule. We believe the lies and if money is involved we cash the checks. We hate it then run to Wall-mart for crude oil plastic instead of hemp. We pump $4 Oilpecker gas instead of farmers biomes and bodiless. All lumped into one neat OiNkDeCePtion called “marihuana”
Rx Ganja patients going to jail is beyond reason let alone American values, Berlin 1941 maybe, Russia’s 20th century, China, Thailand, Burma, not L.A. USAl Qaeda. Hemp clothing doesn’t spread 90 million pounds of W’s crude oil based poisons, aborting babies same as RvW. Produces more cellulose than a crop of dead trees. All coincidentally gone from the markets with fear monger chicken-hawks selling their wars on Ganja, brown people and anything God makes it seems. One trillion spent busting Ganja users since the bogus 1937 Tax Ax, where oh where did it go? Poof? Private prisons and bright pink flip flops. Bush Bros. catering Tex & Fla prisons while importing pot prisoners to overcrowded conditions. Copshops bloated budgets. Rehabs including bible-belt churches exorcizing the sins of addictions away, But L.A?
Synthetic or 100 years in a cage. It’s only wasted taxes if you pay, not if you receive. Po op Pitiful country. Letting Bushiness Inc get away with it. Demons can’t be caged or sit for a mug shot. They just lynch some schmuck for caring too much. Keeps the debate off the TV like censoring cable, depriving truth from entering the History books. All white juries and shekel living in caves with piped in info for their non thinking pleasure. Ollie and the Iran Contras bringing all that coke into LA getting a Faux-news spot. The ringleader General Secord got a $50 fine. 4000+ dead in Iraq on a lie. Cigarettes chemicals kill thousands, never mentioned, while booze rots about every organ, and Just Us is left to pick up the Peace and run these DEAth Merchant idiots out of DC.
Tarika Wilson
damn spellcheckers…
Regarding the part of the case where Lynch spoke with the DEA…
Since when has ANYTHING the DEA does make sense?
That a federal DEA exists in the first place is non-nonsensical. The existence of a taxpayer funded Office of National Drug Control
PolicyPropaganda adds insult to injury.We can choose to use or not use any substance, be it legal or not. It’s an insult not only to our freedom, but to our intelligence for the government to take our money and spend it on professional liars and jack booted thugs.
The Supremacy Clause does not apply to legislation that violates the Constitution. Intrastate commerce in marijuana has no federal component to it, and thus any federal agent who enforces federal laws on the matter can be legitimately treated by the state police as a violent criminal.
Nothing would make me happier on this issue than to see a state police SWAT unit bust down the DEA’s doors, no-knock style. It would also be legal under the constitution.
I’m so upset about this right now that I can’t even think of a word to say. What can be done? I hope he can appeal.
Our government at work; governing us. We voters just don’t count anymore if we ever did. Is this Democracy? We voted; but it didn’t matter to the Feds. Just like when the Al Gore won our popular vote; it didn’t matter. These Feds make their decisions like their jobs depended on it. Don’t they have enough real dragons to slay without going after a plant with proven medicinal effects. The plant has never killed anyone; but the Feds have in their war against us all. Gotta keep the Feds in business though. They need to finance their suits and uniforms. Buy shoe polish and haircuts and beer and whiskey for the bbq on Saturday to celebrate busting the plant smokers.
I am so Fucking Ashamed of a part of my country right now. The oppressive misguided part that the Feds control. History will show what jack asses they are; but it’s too bad we must suffer through it now. Hang in their my friends and vote for Obama I guess…..
Any chance this judge will sentence him to one day in prison. I know that happened in the previous case where this clear breach of due process was involved.
A few judges issuing ridiculously short sentences would give the Feds some significant pause before pursuing these types of cases.
MikeT,
That’s not true. I think your interpretation of the Constitution is reasonable but the Supreme court has very clearly interpretted the Constitution to say that intrastate can be touched by the feds because of the fact that intrastate commerce will affect interstate commerce and the necessary and proper clause thus links one to the other.
So, established law says that what the feds are doing here is legal, even though we’d all prefer a different interpretation.
And Bruce, your definition of the word “regulate” would not fly in any reasonable interpretation of the Constitution. There is simply no way the drafters of the document intended to deny the feds the right to ban a product, and general rather than hyper-technical interpretations have been consitently preferred by the high Court.
Of course this case is still total fucking bullshit.
[...] In other news on the war on your neighbor, a California man who was selling medical marijuana with the blessings of local officials and under the legal protection of California state law was convicted by the feds. Take it away, Radley: [...]
Ack! Didn’t close my tags in up there. Hope I didn’t break anything.
*quietly skulks away*
Simple, with the “right-wingers” who support this crap it’s about the Bible. When the federal government does things that they think the Bible supports, then the federal government can do what they want. When the states do things that they think the Bible would support, they’re for states’ rights. The Constitution and individual rights don’t really factor into it. Especially when it comes to taking away rights from people they find personally repugnant or sticking their noses into their neighbors’ private lives. If anyone can push this country into totalitarianism, it’ll be the chirpy Jesus freaks.
“Maybe some right-winger can explain to me the wisdom of having a bullying, overbearing federal government forcing the states to deny sick people the medication that gives them relief. I’d also like someone on the right to explain to me why federalism should prevail when it comes to allowing the states to arrest gay people, ban dildoes, or to trample all over civil rights, but when it comes to letting sick people use marijuana to keep their medication down, we ought to genuflect before the power of the federal government.”
Any takers, neocons? Or are you all pussies like Bush, Cheney, et.al.? We’re *waiting….*
RE: interstate vs intrastate commerce and marijuana
I believe the SCOTUS logic went something like this. The feds have the power to regulate shipping marijuana (MJ) from, say, Texas to California because this is clearly interstate commerce. Now, if Californians get their own seeds, plant their own MJ, and then use their own or sell it to someone within the state, then the supply of marijuana within the state of California increases. Given a steady demand for marijuana within California, an increase of production in the state REDUCES THE NEED TO IMPORT from out of state…. Therefore, as such actions as growing MJ within the state of California would impact interstate commerce, the federal government has the power to regulate it.
Obviously, this logic can be applied to anything. This interpretation of the Commerce Clause is ultimately what has given the feds the power to pass laws on almost anything they want to involving trade, goods, or services.
[...] Reason.tv has covered this case extensively. Drew Carey produced a great video on Lynch and one of his customers, a young man who got bone cancer in high school, lost his leg, and discovered that marijuana was the most effective medicine for the phantom pain that many amputees experience. Nick Gillespie has more here, as does Radley Balko. [...]
The reason he called out right-wingers and not left-wingers is because everyone who supports prohibition is inherently a right-winger. Americans are so propagandized and squished by right-wing politics that they think things are left-wing that are not.
RCOB, straight up.
“One of the problems that the marijuana-reform movement consistently faces is that everyone wants to talk about what marijuana does, but no one ever wants to look at what marijuana prohibition does. Marijuana never kicks down your door in tbe middle of the night. Marijuana never locks up sick and dying people, does not suppress medical research, does not peek in bedroom windows. Even if one takes every reefer madness allegation of the prohibitionists at face value, marijuana prohibition has done far more harm to far more people than marijuana ever could.”
William F. Buckley, Jr. Requiescat In Pace
The Conservative Argument for Legalization
Nullify, Nullify, Nullify. Our honorable (snicker) drug czar thinks this guy and everyone like him are dangerous individuals.
Ok everyone, answer me this: Have you ever met a violent stoner?
It all starts with knowledge. The first piece is that the government has no legitimate authority to ban drugs or anything else for that matter. The proof lies in the Constitution itself, the 18th and 21st amendments. It’s not the commerce clause that allows the power because using the commerce clause as the courts and congress have makes 70-80% of the rest of the delegations of power moot. Any reading of a clause (other than amendments) that causes another clause to be unnecessary is an invalid reading. When one clause is read to encompass another, it is a claim that the Founders were a bunch of flaming idiots.
We elect these people to SERVE us. They are not our bosses, we are theirs. The best move to never to vote for an incumbent. Vote all the bastards out.
I was getting medical marijuana from Mr lynch and now i dont know what i will do, this just makes me so angry , i really just dont care anymore, im tired and just want to throw in the towel.
[...] Radley Balko blagged about Charlie Lynch, a Californian who smoked marijuana for medicinal purposes, which is now legal in California, but who was arrested anyway by federal thugs and now faces 100 years in prison for violating federal laws. Please read his post; it’s short. I can’t add much to it. Monstrously evil crimes like the one being committed against Lynch are becoming so commonplace that I’m a little surprised I’m even outraged at it, but I am. Maybe my outrage is directed at the inability of so many people to understand that it is everyone’s right to do what they want to their own bodies and the injustices committed by an omnipotent State that violates that right are to be expected. [...]