Thursday, October 29 2020
In todays report
DEA, #california police sued after allegedly destroying Wyoming company’s hemp after mistaking it for marijuana
click here for the link to the video on youtube
The plants police destroyed were below the legal limit of 0.3% THC, according to court documents.
In all, police destroyed 3,000 pounds of hemp worth about $3.45 million, the lawsuit says. Agro Dynamics is based in Sheridan, Wyoming, and seeks unspecified damages.
DEA, CALIFORNIA POLICE SUED AFTER ALLEGEDLY DESTROYING WYOMING COMPANY’S HEMP AFTER MISTAKING IT FOR MARIJUANA
Private Party’s Suit Against DEA for Destroying $3M of Hemp Moves to Federal Court
Agro Dynamics contends that the defendant “willfully[] and maliciously” violated its Fourth Amendment right to be free of unreasonable searches and seizures by, “(1) failing to ascertain the legal status of the #industrialhemp cultivation…; (2) not heeding to the tenant’s advisement that the industrial hemp plants were a legal cultivation lawfully registered by the County of San Diego; (3) recklessly disregarding the tenant’s offer to show Defendants proof of registration issued by the County of San Diego; (4) seizing Plaintiff’s lawfully registered industrial hemp plants; (5) failing to provide adequate training for officers to distinguish marijuana from legal hemp.”
In its second cause of action, the plaintiff alleges that the defendants’ seizure “constituted a taking of Plaintiffs property under the Fifth Amendment to the United States Constitution.” Similar to its Fourth Amendment argument, the plaintiff contends that the DEA and the County of San Diego “willfully and maliciously (1) intentionally authorized or directed the individual Defendants and/or law enforcement officers acting at their direction, to undertake the actions that violated Plaintiffs rights; (2) ratified the actions the individual Defendants and/or law enforcement officers acting at their direction, took to violate Plaintiffs rights; and (3) failed to adequately train the individual Defendants and/or law enforcement officers acting at their direction to distinguish between industrial hemp and cannabis.”
Agro Dynamics also alleges parallel causes of action under California’s Constitution and a California Tort Claims Act violation, specifying that the defendants “wrongfully and intentionally exercised control and dominion over Plaintiff[’]s personal property.” Agro Dynamics seeks compensatory, punitive, and statutory damages in addition to its attorneys’ fees and costs.
Mississippi Supreme Court Won’t Consider Challenge To Medical Marijuana Measure Until After Election
“This action is not about the wisdom of legalizing medical #marijuana. It bears repeating that the City of Madison and Mayor Hawkins Butler are not opposed to a well-regulated medical marijuana program for the truly suffering,” the city’s filing says. “What the City and the Mayor oppose is the failure of the Legislature to amend Section 273(3) and the failure of the Secretary of State to follow the plain language of the Constitution. A constitutional amendment must be enacted constitutionally.”
Mississippians for Compassionate Care (MCC), the campaign behind the initiative, has faced a series of obstacles before and after qualifying for the state’s November ballot.
Most recently, President Trump’s reelection campaign issued a cease and desist order against the #mississippi advocates, claiming “unauthorized and misleading representation” of the president’s position on the reform measure in one of its mailers—even though he has on multiple occasions spoken favorably on camera about medical cannabis.
signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot.” But that policy went into effect when Mississippi had five congressional districts, and that’s since been reduced to four, making it mathematically impossible to adhere to.
She wants the court to deem the placement of the legalization initiative unconstitutional and “issue whatever extraordinary writs appropriate” to nullify the vote.
Under the activist-driven reform measure, patients with debilitating medical issues would be allowed to legally obtain marijuana after getting a doctor’s recommendation. The proposal includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be able to possess up to 2.5 ounces of marijuana per 14-day period.
https://www.marijuanamoment.net/mississippi-supreme-court-wont-consider-challenge-to-medical-marijuana-measure-until-after-election/
Mississippi City Asks State Supreme Court To Invalidate Medical Marijuana Ballot Initiative
This action is not about the wisdom of legalizing medical marijuana. It bears repeating that the City of Madison and Mayor Hawkins Butler are not opposed to a well-regulated medical marijuana program for the truly suffering,” the city’s filing says. “What the City and the Mayor oppose is the failure of the Legislature to amend Section 273(3) and the failure of the Secretary of State to follow the plain language of the Constitution. A constitutional amendment must be enacted constitutionally
But the primary complication for advocates is the fact that two competing initiatives will appear alongside each other on the ballot. After
MCC qualified their measure
by collecting signatures from voters, the legislature
approved an alternative that is viewed as more restrictive
. The result is
a muddled ballot that requires voters to answer a two-step series of questions
—and that potential confusion threatens to jeopardize the activist-led proposal.
“The secretary of state properly qualified Initiative 65 under the same constitutional procedures used for every other successful voter initiative. The lawsuit from the City of Madison is meritless,” Mississippians for Compassionate Care Communications Director Jamie Grantham said. “This is simply a last-ditch effort by political and bureaucratic opponents to deny relief to patients with 22 specific debilitating medical conditions.”
President Donald Trump’s reelection campaign has issued a cease and desist order against a Mississippi medical marijuana legalization campaign, claiming “unauthorized and misleading representation” of the president’s position on the reform initiative in one of its mailers—even though he has on multiple occasions spoken favorably on camera about medical cannabis.
Michael Glassner, chief operating officer of Donald J. Trump for President Inc., sent a letter to Mississippians for Compassionate Care (MCC), demanding that they stop distributing campaign materials touting the president’s past remarks.
While the mailer and the envelope it’s being sent in don’t at any point state that Trump has specifically endorsed Initiative 65, they encourage voters to “join President Trump and 3 out of 4 Mississippi Republicans who support medical marijuana” and point out that he’s voiced “complete support for medical marijuana.”
...
President Donald Trump’s reelection campaign has issued a cease and desist order against a Mississippi medical marijuana legalization campaign, claiming “unauthorized and misleading representation” of the president’s position on the reform initiative in one of its mailers—even though he has on multiple occasions spoken favorably on camera about medical cannabis.
Michael Glassner, chief operating officer of Donald J. Trump for President Inc., sent a letter to Mississippians for Compassionate Care (MCC), demanding that they stop distributing campaign materials touting the president’s past remarks.
While the mailer and the envelope it’s being sent in don’t at any point state that Trump has specifically endorsed Initiative 65, they encourage voters to “join President Trump and 3 out of 4 Mississippi Republicans who support medical marijuana” and point out that he’s voiced “complete support for medical marijuana.”
It is indeed the case that the president has, on several occasions, stated that he’s in favor of medical cannabis reform.
For example, while he said in 2015 that Colorado has “a lot of problems going on right now” with its recreational marijuana program, medical cannabis “is another thing.”
“I think medical marijuana, 100 percent,” he said.
Beyond stating his personal support for medical cannabis, Trump has said multiple times that he personally knows people who have benefited from using it.
“I think medical should happen, right? Don’t we agree? I mean I think so,” he said at a 2015 rally in Nevada. “I know people that are very, very sick and for whatever reason, the marijuana really helps them.”
he said. “You are misleadingly using the President’s name in support of your own agenda without authorization or justification.”
American Medical Association Asks Mississippi Voters To Reject Medical Marijuana Ballot Initiative
https://www.marijuanamoment.net/american-medical-association-asks-mississippi-voters-to-reject-medical-marijuana-ballot-initiative/
“I know people that have serious problems and they did that and it really does help them,” he said In a 2016 interview on Fox News.
https://www.marijuanamoment.net/mississippi-city-asks-state-supreme-court-to-invalidate-medical-marijuana-ballot-initiative/
Calif. Judge Tosses $200M RICO Suit Involving Pot Farmers
n its decision, the court dismissed all federal causes of action and declined to consider the merits of the remaining causes related to business and contract disputes, which the judge wrote were “more properly left with the state court.”
District Judge André Birotte Jr. granted the defendants’ request to have the suit dismissed, ruling that a federally illegal business cannot obtain protections under federal law.
https://www.weedweek.net/stories/calif-judge-tosses-200m-rico-suit-involving-pot-farmers/
https://www.tokingtimes.com/california-marijuana-grower-sues-another-for-racketeering/
https://www.law360.com/cannabis/articles/1324320/cannabis-co-beats-farmer-s-200m-rico-suit
https://mjbizdaily.com/wp-content/uploads/2019/06/Iron-Angel-v-Vertical-lawsuit.pdf
https://www.tokeofthetown.com/2016/09/study-pot-use-growing-fast-among-older-americans.php/