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+--- Thread: Maui GMO ban overturned (/showthread.php?tid=16131)
Maui GMO ban overturned - Chunkster - 06-30-2015
A federal judge overturned the Maui anti-GMO ordinance that was passed by referendum. I wonder if this portends a similar fate for the Hawaii County ordinance passed by our council. Here's a link:
http://www.hawaiinewsnow.com/story/29447125/federal-judge-rules-maui-county-ban-on-gmo-crops-invalid
RE: Maui GMO ban overturned - rainyjim - 06-30-2015
To anwser your question, yes.
The laws governing this already exist.
RE: Maui GMO ban overturned - TomK - 06-30-2015
Perhaps once the Hawaii Island county council go through a similar process, they might understand that giving so much weight to arguments from a yogic flying crackpot rather than experts in the field is not such a good idea. But I suspect not.
RE: Maui GMO ban overturned - pahoated - 07-01-2015
This ruling is the same as this one:
http://www.bigislandvideonews.com/2015/06/26/video-hawaii-supreme-court-rules-against-county-marijuana-llep-law/
It is the state supreme court saying county law does not preempt state law. Every year, there is some global issue that comes to the county council, they waste a lot of time (and taxpayers' money) fiddling with these issues which they are too ineffectual to enforce anyway.
The real laugh is when they pass some stupid county law, it goes into the County Code. This is the 2005 (amended) code. They haven't been able to review the county code in 10 years. There is just one stupid blue law added after another. This defines bureaucratic bungling at its finest. Why is it, in their reviews, that not one person asks if the petition being brought forward is not frivolous, without merit and summarily denied? Especially if it is from the same intellectually challenged (the new term for the 'S' word) bunch of whack jobs from Puna.
"Aloha also means goodbye. Aloha!"
RE: Maui GMO ban overturned - bystander - 07-01-2015
How is this different from medical and recreational marijuana being made legal here and in other states against federal law? A judge could make the same ruling against mmj.
RE: Maui GMO ban overturned - rainyjim - 07-01-2015
I read through your post multiple times bystander but was equally confused as to your meaning every time - I can only add: it is illegal in all states according to federal jurisdiction.
And while i'm by no means a lawyer I would have to agree with your assertion that the same thing could happen to medical marijuana.
RE: Maui GMO ban overturned - bystander - 07-01-2015
quote:
Originally posted by rainyjim
I read through your post multiple times bystander but was equally confused as to your meaning every time - I can only add: it is illegal in all states according to federal jurisdiction.
And while i'm by no means a lawyer I would have to agree with your assertion that the same thing could happen to medical marijuana.
I was just asking why one thing is allowed but not the other. It's okay for states to make laws against federal law but not okay in the case of this GMO ordinance. Why hasn't a federal judge overturned Hawaii's and other states mmj laws?
RE: Maui GMO ban overturned - eigoya - 07-01-2015
There's the rub: it IS legal in the states but still illegal at the fed. Two sets of laws (states rights and all that...). This is why Feds have on many occasions decided to enforce laws against marijuana in states which had "legalized" med marijuana, for example. However now that WA and CO (aK) have legalized recreational and not only medical, will the Feds throw up their collective arms? What all this has to do with GMO I have no idea.......
RE: Maui GMO ban overturned - pahoated - 07-01-2015
Drifting again. The rulings are that federal and state law supersedes county law, especially if there is already a state law. The case the guy took to the state supreme court was that Hawaii county was not following its own law, to make marijuana prosecution the lowest priority. It isn't about the legality or illegality of marijuana. It is about county law trying to supersede federal and state law, mainly making distribution a lower crime than jaywalking or driving without a seat belt (lowest priority means lower than every other infraction).
Both rulings were against county law trying to supersede federal and state law. That is the main point and if you don't get it, then that is why this county keeps wasting its time trying to run the state government from a Puna gutter.
As for the legality of marijuana, even the states that have made it legal for medicinal and recreational use still make unauthorized distribution illegal, and prosecuted as a felony. It is just like moonshine, you can make it in your backyard but if you are caught, especially trying to distribute it, it is a felony.
"Aloha also means goodbye. Aloha!"
RE: Maui GMO ban overturned - bystander - 07-01-2015
quote:
Originally posted by eigoya
There's the rub: it IS legal in the states but still illegal at the fed. Two sets of laws (states rights and all that...). This is why Feds have on many occasions decided to enforce laws against marijuana in states which had "legalized" med marijuana, for example. However now that WA and CO (aK) have legalized recreational and not only medical, will the Feds throw up their collective arms? What all this has to do with GMO I have no idea.......
Federal law is supposed to supersede state and county laws. That's how this is related to GMO. What if all the counties in Hawaii pass some kind of anti GMO ordinance. Would the Feds and state then acquiesce as in the case of marijauna or should they?