Imho, Ganja is Legal for Individuals Under the 10th Amendment and according to their Sate Laws on the books. Sales and Giveaways are are not covered under state initiatives and are listed under the Feds Commerce Clause.
Excluding rights and wrongs or legal and illicit for a moment. Buyers clubs or Apothecaries are common sense progressions of removing legal barriers that should never have been in place from the fit go. As a home health care provider I've been getting patients their remedies since 1990 with no hassles from the cops. I've been using since 1969 and have not sold any or given it away or have I been given a criminal record. The Supreme Court has already established, right or wrongly. That Raich v Gonzales makes any exchange part of the commerce clause and therefore Federal jurisdiction. Prop 215 is a deterrent to jailing people for using cannabis. I don't think anyone believed sick people would have really been hassled or jailed. But we were wrong and Wilson and Lungren proceeded to do just that. Prop 215 is the Compassionate Use Act and it is for anyone for any reason. It is not like the remaining states Medical Marijuana Laws. The reasonable amount an individual could posses has been determined to be 99 plants per year. Since half , (the males), will be uprooted to prevent pollination. No one has been arrested or even hassled because this is legal under Prop 215. Which in my opinion is a 10th amendment issue of states rights. Not everything, not selling it or growing large quantities. They are not included under the provisions of Prop 215.
Therefore Obama wasn't lying when he sent the DEA to bust buyers clubs. I don't believe he's being a nice guy to individuals. I believe he has no authority. In states with initiatives the state law trumps the CSA as long as it is not exchanged. Even passing a joint could be construed as such.This is a double edge sword in that states with draconian laws will also have jurisdiction. States with MMJ laws will only be legal in certain circumstances under doctors recommendations and other rules according to the states initiative. This should go back to the older medicinal cannabis laws before Prop 215. Again, CA and Alaska are the only two states without medicinal restrictions. So if we want the common sense Apothecaries. Quality Assurance at a fair price for patients or everyday users then we have to remove cannabis from the bogus, totally political Controlled Substance Act as a commodity. Then it would fall under state authority to implement the law and locations etc. Obama has his faults but my short term memory isn't bad enough to ever forget Bush Cheney Waldo or even Clinton's Czarbarry before that. The Feds plan I'm afraid is what we thought all along. The IOM report is still stalled in the HHS and until they release it the FDA won't and hasn't tested anything about it. If we can prove cannabis doesn't fit under a schedule#1 classification which is simple enough. The hard part has been getting Congress to even consider it, let alone examine it.
Pure fascism or corporatism keeping a viable versatile plant off the free trade market shelf. Un-American as anything I've ever witnessed. I'm a Nadar voter so its not my love of Barry but a thirst for the truth that has me writing this. Bayer and Barthwell and the governments own patents clearly are trying to monopolize Ganja in their Sativex sublingual spray already tested in Canada and heading to Europe. Most scenario's see the governments own pot farm shipping doobies to the 4 remaining IND patients as the source for the Pharmacies. Did anyone really believe the government about to start another cold war, this time with China, would actually let us grow our own stone at home? I mean legally. Legal technicalities aside, the entrepreneurs assisting patients in getting their medication are public servants that do not deserve prison. Capitalism is our way of barter so no one should be shocked that it is being sold. Whether Obama has the jurisdiction or not it is still wrong to raid clubs when so much more is in need of the Justice Department. Dissolve the DEA and put them to work busting Banksters and Stock market slicksters bankrupting our country. Thank You Ganjashops! ~ DdC