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still no dispensaries!
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11-20-2016, 12:33 PM
quote: How can the state decline to enforce medical use? Medical use is legal under state law. Enforcing this state law should mean they are going to protect patients from federal prosecution and allow unhindered access to their medication.
11-20-2016, 12:54 PM
quote: His operation was large scale and included distribution, well within the purview of federal law. Simple possession of less than an ounce falls under state laws, crossing state lines or flying anywhere, or traveling on federal property like a national park with the same amount and it becomes federal. Even growing operations only fall under federal law when there is either interstate transport, or over a certain amount. However, all money made through growing, distributing, or processing is subject to federal seizure. The rules are byzantine at best, and at times the feds and local jurisdictions have squabbled over who gets to make the bust, but basically personal use is state or local, large scale distribution or interstate transport is federal. Blue card holders are not going to have DEA agents busting in to arrest them for possession of small amounts of their medicine, but caregivers, dispensaries, and anyone moving product between states is indeed vulnerable, as is any money the feds can prove was even vaguely associated with pot. There have been many cases of people with legitimate reasons to be traveling with large amounts of cash who have had it seized and couldn't afford to pay the lawyers to prove their money was clean. The money is guilty until proven innocent and doesn't require a conviction, or even an arrest, to be seized through the asset forfeiture process. 
11-20-2016, 10:09 PM
kaialoha or Kaihekili,
"Here's my point, AGAIN! The Feds can NOT stop a state from making any law the state wants to, regardless of Article VI of the Constitution, aka, the 'Supremacy Clause'. Regarding enforcement; It's a matter of what the states allow or don't allow under their 'anti-commandeering laws', IF they have such laws on the books to begin with, and whether or not they choose to provide material support to federal law enforcement.[...]" All you seem to be saying is a state can pass any law they want. I'm sure that's true. However, even if a state passes its own law I don't think it makes any difference if federal law overrules that law. They may not get help from the state, but so what? Would you be kind enough to explain how a state law overrides a federal law? Thanks.
11-21-2016, 04:02 AM
Federal law pre-empts:
http://www.westhawaiitoday.com/news/stat...pesticides Potentially amusing intersection: all marijuana is technically GMO.
11-21-2016, 04:43 AM
Interesting article here explaining some of the large hurdles MMJ dispensaries in Hawaii may have to overcome before they can be profitable.
https://mjbizdaily.com/hawaii-no-paradis...-licenses/ Impressive that There was 66 applications for a business that was going to cost around 6 million to start up in Hawaii. The comments following the article are worth reading as well. Personally I think our local BLNR, DLNR and police are Financially backing or operating Mr Ha's former Banana farm now MMJ dispensary. So yes, I could see where others may be skeptical at first as well. Jmo
11-21-2016, 04:52 AM
"Bad people smoke marijuana." With the Trump regime in place, investing in a marijuana operation may prove to be a money loser.
11-21-2016, 05:31 AM
quote: Who said that Sessions? With so many states now legalizing, I can only see trouble and unrest if the AG tries to enforce prohibition. I predict any efforts to do so will backfire and result in legalization at the federal level. I can't explain exactly how this may happen but history has shown that things often get to a boiling or tipping point before major change occurs. This unprecedented win by Trump may be it. We may see widespread and violent demonstrations that make the Nixon years look like a calm period in US history.
11-21-2016, 05:34 AM
The article mentions that there are 13,150 "patients". If each "patient" spent $100 a month, that's only $1.3 million a month in gross revenue. That is nowhere near enough to keep 8 dispensaries open since around half of that is the state's tax bite.
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