Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Tuesday, July 15, 2014

"White House Says Marijuana Policy Is States' Rights Issue"

The title of this post is the headline of this new Huffington Post piece.  Here is how it starts:

The Obama administration believes marijuana policy is a states' rights issue, the White House said Monday in opposing Republican-led legislation that would prevent Washington, D.C., from using federal funds to decriminalize marijuana possession.

The GOP-sponsored House amendment would prevent D.C. "from using its own local funds to carry out locally-passed marijuana policies, which again undermines the principles of States' rights and of District home rule," the White House said in a statement. The White House said the bill "poses legal challenges to the Metropolitan Police Department's enforcement of all marijuana laws currently in force in the District."

Del. Eleanor Holmes Norton (D-D.C.) called Rep. Andy Harris (R-Md.) a "tyrant" for meddling in the District's governing process with the amendment, pointing out that Maryland just voted to decriminalize marijuana possession. The amendment is aimed at blocking a recent D.C. law that lowers the penalty for possessing small amounts of marijuana to a fine.

https://lawprofessors.typepad.com/marijuana_law/2014/07/white-house-says-marijuana-policy-is-states-rights-issue.html

Federal Marijuana Laws, Policies and Practices, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, State court rulings | Permalink

Comments

I sent several e-mails to lawyers and reporters as follow:
To Ray.Downs@RiverfrontTimes.com
Aug 3 at 6:25 PM
Dear Mr. Downs:
I too am a victim of Missouri's ridiculous marijuana laws, but my story has an interesting twist. The State sought my 20-acre property near Knobnoster, MO, which was then a "secret" base location in 1991 for the B-2 Stealth Bomber. All they had to do was file a marijuana charge and claim they found marijuana on my property. I got a call from a real estate agent (I thought) wanting to meet with me at the property. They offered three times what I paid for the property in 1986. When I arrived on the property, I was arrested for growing marijuana and thrown in jail. No probable cause was required to start the forfeiture action and no probable cause for my arrest existed. The prosecutor filed her "complaint," sworn before a Notary, not a judge, charging "manufacturing marijuana" and the judge issued an arrest warrant without a preliminary hearing required by Missouri statutes. No witness, nor any affidavit of anyone was submitted, in violation of all due process of state and federal laws.
Whether the charges were false would not matter as a conviction was not required to take the property and my 1970 GMC Surburban truck under then existing Missouri forfeiture law. My mother was very ill and required a warm dry climate to survive, so after a year went by waiting for the charges to drop, we moved to Escondido, CA.
The law changed in 1993, and required a guilty plea or conviction on criminal charges before the forfeiture action could be resolved. I was arrested without warrant in San Diego and held without any charges from February 22, 1993, until March 19, 1993, when a Missouri Governor's Extradition Warrant appeared claiming I was already convicted of the crime charged even though no such charges appeared on the NCIC or Missouri MULES systems. In short, I was not "wanted" and the bonding company was released from liability in 1992 by the court. After waiting in various county jails for over 15 months, I went to trial and was convicted. I fought the case in federal courts for twenty years with the most recent one filed in Washington, D.C. in 2009. I had proven the case early on, but a strange Supreme Court ruling in Heck v. Humphrey, 114 S.Ct. 2364, 2371-72 (1994), prevented any relief. That federal complaint includes the Governor's Warrant and other pertinent documents along with the Memorandum of the D.C. Court (attached to this e-mail).
Since I have called the Governor of Missouri a liar, and proved it in federal court, obtaining a pardon seems unlikely. However, a pardon is the only way to clear my name remaining since the courts have slammed the door shut. So, yesterday I started a petition on change.org and need to "get it out there" to as many people as possible. Seeing your story about people doing life in prison for pot, I thought you might be able to help me as my story is also "beyond belief." My family all died while I was in prison and I had no home to return to, making parole long in coming. They wanted me to say I was guilty as a condition of release. I also had my skull bashed in an assault in my cell and was in a coma. They gave me a 20% chance, but I pulled through. The "hit" was ordered by the prison warden, one of the judge's "friends" when in 1996, a federal judge in Missouri refused to dismiss my lawsuit and ordered the State to answer my Request for Admissions. They made the admission of no probable cause for my arrest to the Court (admissions attached to documents). My case was proven against the State of Missouri "beyond doubt."
My petition can be seen and signed by anyone at:
Barack Obama and Missouri Governor: Grant a Pardon and Change Marijuana Laws

Posted by: Rolf Rosendahl | Aug 4, 2014 8:16:59 AM

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