Oklahoma and Nebraska Marijuana Sales in Colorado are Against Foreign Laws, So Stop it!

By: Hrafnkell Haraldsson more from Hrafnkell Haraldsson

Saturday, December, 20th, 2014, 8:32 am

Colorados-Recreational-Marijuana-Task-Force

It is interesting how Republicans are all state’s rights and big government keep your hands off – until a state does something they don’t like. Like Colorado’s marijuana law, which is one of four states to allow regulated production and sale of marijuana to adults.

Nebraska and Oklahoma – both red states – don’t like that. And they want the Supreme Court to do something about it. Whatever happened to the Tenth Amendment? What ever happened to that oppressive federal government meddling where it doesn’t belong?

Throw all that out the window and drive the bus over it.

Nebraska Attorney General Jon Bruning and Oklahoma Attorney General E. Scott Pruitt say pot is crossing the state line (their state lines) and that their states are suffering “irreparable injury.” They are suing Colorado.

In other words, they have to spend time arresting people for something that’s legal in another state. They say Sections 16(4) and (5) of Article XVIII of the Colorado Constitution (the supremacy clause of the Constitution) don’t stand up before federal law –

Wait! They said that? Hold on now…Gosh, I wonder how they’d feel if we were talking about guns instead of marijuana, or the First Amendment?

Colorado Attorney General John Suthers said,

[I]t appears the plantiffs’ primary grievance stems from non-enforcement of federal laws regarding marijuana, as opposed to choices made by the voters of Colorado. We believe this suit is without merit and we will vigorously defend against it in the U.S. Supreme Court.”

Keep in mind that what pot proponents have been saying all along happened – the state made some $60 million of sales of cannabis, and that what opponents said would happen didn’t happen – in other words, everyone woke up to the same world they had known the day before. Nary a catastrophe to be seen then and none on the horizon now.

It is incredible that the party that talks endlessly about majorities rule suddenly cease to care about majorities at times like this. Some 55 percent of Colorado voters approved Amendment 64’s legalization of the sale of marijuana. Shouldn’t that be good enough?

Not to mention the extremely lax ideology of the GOP. Everything is black and white on the surface, but the second anything happens they don’t like, their morals go topsy-turvy. As Bloomberg points out in this case:

The lawsuit, readable here, is a little shot of cognitive dissonance for anyone who listens to conservative Republicans on other matters. First, most jarringly, it cites America’s agreements with foreign nations as a reason that Colorado’s law can’t stand.

“Through its exclusive Constitutional power to conduct foreign policy,” argue the plaintiffs, “the United States is a party to international treaties and conventions under which it has agreed to control trafficking in drugs and psychotropic substances, such as marijuana.”

Hold on a second! This is the party constantly telling us that we are being enslaved by globalization, that International law is a threat to our sacred constitutional freedoms. And now you’re saying foreign laws trump the rights of American citizens?

The Republican Party might do well to decide what exactly it is for and against. Do states rights triumph? Does federal law triumph? Do foreign laws matter when it comes to U.S. law?

They can’t apply it on a case by case basis, appealing to whichever is more convenient at the moment. This is the party opposed to relativism, and right now, it seems to have a much bigger problem with relativism than Democrats.

Image from The Joint Blog

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Daniel Chong, forgotten in DEA cell, settles suit for $4.1 million

By Stan Wilson, CNN

updated 3:11 PM EDT, Wed July 31, 2013

San Diego (CNN) — A University of California San Diego student left unmonitored in a holding cell for five days by the Drug Enforcement Administration has settled a lawsuit for $4.1 million, his attorney said.

"This was a mistake of unbelievable and unimaginable proportions," attorney Julia Yoo said on Tuesday.

Daniel Chong, 25, drank his own urine to survive and even wrote a farewell note to his mother before authorities discovered him severely dehydrated after a 2012 drug raid in San Diego.

He was held in a 5-by-10-foot cell with no windows but a peephole through the door. It had thick concrete walls and was situated in a narrow hallway with four other cells, isolated from the rest of the DEA facility, said Eugene Iredale, another of Chong’s attorneys.

There was no toilet, only a metal bench on which he stood in a futile attempt to set off the sprinkler system with his cuffed hands, Chong told CNN affiliate KSWB.

He kicked the door and yelled, anything to get someone’s attention, the station reported.

"I was screaming. I was completely insane," he told KWSB.

One matter still unclear is why no one heard him. Chong told the San Diego Union-Tribune last year that he heard footsteps, muffled voices and the opening and closing of cell doors, even from the cell adjacent to his. Yet no one responded to the ruckus coming from inside his cell.

Chong was detained on the morning of April 21, 2012, when DEA agents raided a house they suspected was being used to distribute MDMA, commonly known as "ecstasy."

A multiagency narcotics task force, including state agents, detained nine people and seized about 18,000 ecstasy pills, marijuana, prescription medications, hallucinogenic mushrooms, several guns and thousands of rounds of ammunition from the house, according to the DEA.

It wasn’t until the afternoon of Wednesday, April 25, that an agent opened the steel door to Chong’s cell and found the handcuffed student, Iredale said last year.

Student drank urine to survive DEA cell

2012: Student feared death, dehydration

Upon his release, Mr. Chong told CNN affiliate KNSD that he was visiting a friend and knew nothing about the presence of drugs and guns. He was never formally arrested or charged, the DEA said.

While detained, Chong had given up and accepted death, using a shard of glass from his glasses to carve "Sorry Mom" onto his arm as a farewell message, Yoo said. Chong lost 15 pounds and suffered from severe post-traumatic stress disorder, she said.

"He’s the strongest person I have ever met," Yoo said. "As a result of his case, it’s one of the primary reasons the DEA placed a nationwide policy that calls on each agent at satellite offices to check on the well-being of prisoners in their cells on a daily basis," Yoo said.

A DEA spokeswoman declined to comment extensively about the settlement and told CNN that a review of DEA procedures was conducted and submitted to the inspector general’s office at the Department of Justice. She also referred CNN to a previous statement.

"I am deeply troubled by the incident that occurred here," said DEA San Diego Special Agent in Charge William R. Sherman shortly after the incident. "I extend my deepest apologies to the young man and want to express that this event is not indicative of the high standards that I hold my employees to."

Since the incident, Chong has returned to complete his undergraduate degree at UC San Diego, Yoo said. "He changed his major from engineering to economics and wants to finish school, pursue his career and help take care of his mother."

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