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Rockntractor
08-08-2012, 08:57 PM
SANTA ROSA (CBS SF) – An upcoming trial in Sonoma County could determine the legality of buying and selling medicinal marijuana over the Internet.

In April, Santa Rosa Police arrested 43-year-old Krish Singh after setting up a marijuana purchase from his Craigslist ad, which offered high-grade marijuana for $2,700 a pound, according to a report in the Press Democrat.

The report said the posting included a banner citing Prop. 215, the voter-approved measure which allows Californians to use and possess pot with a doctor’s recommendation.

Undercover officers set up the purchase at a Target store parking lot and arrested Singh despite his claims that the marijuana in his car was intended for qualified medical marijuana patients, according to the report.

A recent search on Craigslist found any number of ads touting top shelf strains of weed along with their degrees of effectiveness, each ad claiming to be only intended for Prop 215 compliant buyers with proper paperwork and identification.

Santa Rosa police Sgt. Mike Tosti told the Press Democrat that most of the Craigslist ads are posted by drug dealers who are attempting to do business by masquerading as medical marijuana care providers.

“Our stance is it absolutely isn’t for medical purposes,” Tosti said.

Defense lawyers say marijuana distribution among patients is allowed under state law and there is no provision against Internet advertising.

“Nothing in state law prohibits this,” Santa Rosa attorney Joe Rogoway told the Press Democrat. “Provided that both are qualified patients.”

“I suppose it’s like selling any other product on Craigslist,” Singh’s lawyer, Jeff Mitchell, told the Press Democrat. “It is legal medicine provided to patients.”

Singh has been charged with felony possession of marijuana for sale. Trial for the Rohnert Park resident is scheduled to begin on August 31.

http://sanfrancisco.cbslocal.com/2012/08/08/sonoma-county-trial-to-determine-legality-of-selling-marijuana-online/

Marijuana is illegal for use or sale for any reason in every state according to federal law. Why is it that states rights are unimportant in almost every other circumstance to a liberal but not when it comes to pot. If you want to legalize it nation wide I'm with you, but until then stop playing games, it is illegal.

Odysseus
08-09-2012, 12:27 AM
SANTA ROSA (CBS SF) – An upcoming trial in Sonoma County could determine the legality of buying and selling medicinal marijuana over the Internet.

In April, Santa Rosa Police arrested 43-year-old Krish Singh after setting up a marijuana purchase from his Craigslist ad, which offered high-grade marijuana for $2,700 a pound, according to a report in the Press Democrat.

The report said the posting included a banner citing Prop. 215, the voter-approved measure which allows Californians to use and possess pot with a doctor’s recommendation.

Undercover officers set up the purchase at a Target store parking lot and arrested Singh despite his claims that the marijuana in his car was intended for qualified medical marijuana patients, according to the report.

A recent search on Craigslist found any number of ads touting top shelf strains of weed along with their degrees of effectiveness, each ad claiming to be only intended for Prop 215 compliant buyers with proper paperwork and identification.

Santa Rosa police Sgt. Mike Tosti told the Press Democrat that most of the Craigslist ads are posted by drug dealers who are attempting to do business by masquerading as medical marijuana care providers.

“Our stance is it absolutely isn’t for medical purposes,” Tosti said.

Defense lawyers say marijuana distribution among patients is allowed under state law and there is no provision against Internet advertising.

“Nothing in state law prohibits this,” Santa Rosa attorney Joe Rogoway told the Press Democrat. “Provided that both are qualified patients.”

“I suppose it’s like selling any other product on Craigslist,” Singh’s lawyer, Jeff Mitchell, told the Press Democrat. “It is legal medicine provided to patients.”

Singh has been charged with felony possession of marijuana for sale. Trial for the Rohnert Park resident is scheduled to begin on August 31.

http://sanfrancisco.cbslocal.com/2012/08/08/sonoma-county-trial-to-determine-legality-of-selling-marijuana-online/

Marijuana is illegal for use or sale for any reason in every state according to federal law. Why is it that states rights are unimportant in almost every other circumstance to a liberal but not when it comes to pot. If you want to legalize it nation wide I'm with you, but until then stop playing games, it is illegal.

In this case, the feds have a point. Selling marijuana through the internet means using the mail, which is federal, or interstate carriers, for delivery, so any product which is distributed across state lines would qualify for federal regulation under the Interstate Commerce Clause, as currently interpreted (although not as originally intended). Given the "logic" of Wickard v. Filburn, in which SCOTUS ruled that the feds can regulate wheat that was grown for private consumption because the act of growing and consuming one's own wheat impacted interstate commerce (one of the most torturous pieces of reasoning ever to come out of the court), then even marijuana grown and consumed within one state would impact the interstate commerce in pot (although, to be fair, it would reduce that interstate commerce, which one would think the feds would be in favor of). Ironically, in NYC, you can get in more trouble for selling a 20-ounce soda than for possession of a joint. unless you roll it in transfats.

RobJohnson
08-09-2012, 04:23 AM
A pound should clear up any pain a person is having! :evil-grin: DId he throw in a case of frozen pizzas?

Legal pharmacies can not sell Z-packs online using Craig's list so how can a person sell weed?

As Rock states, Federal law trumps state law.

noonwitch
08-09-2012, 08:54 AM
A pound should clear up any pain a person is having! :evil-grin: DId he throw in a case of frozen pizzas?

Legal pharmacies can not sell Z-packs online using Craig's list so how can a person sell weed?

As Rock states, Federal law trumps state law.


I support my state legalizing marijuana, in a way that is similar to the laws in the Netherlands (that's what our ballot proposal in November is similar to). I don't think mail-order is a good way to sell it, nor should we try to force other states to also legalize it. It should be in-person sales, from a licensed seller, if for no other reason than to protect the seller from blind sales to underage customers and the associated legal complications.

The US Mail falls under federal oversight and rules. Unless federal law on the matter changed, they shouldn't be party to what is illegal drug trafficking under that code.

Where it would get tricky is if CA and OR were to both legalize it, and a company from CA sent some pot to a customer in OR via a private courier, like Fedex or UPS. Interstate commmerce falls under federal jurisdiction. The company used a private company to move merchandise that is legal in both states involved, but again, interstate commerce falls under federal rules. That would be an interesting case for the USSC to resolve.

m00
08-09-2012, 04:36 PM
I Given the "logic" of Wickard v. Filburn, in which SCOTUS ruled that the feds can regulate wheat that was grown for private consumption because the act of growing and consuming one's own wheat impacted interstate commerce (one of the most torturous pieces of reasoning ever to come out of the court), then even marijuana grown and consumed within one state would impact the interstate commerce in pot (although, to be fair, it would reduce that interstate commerce, which one would think the feds would be in favor of).

Yeah... that was an awful case. I think the issue in my mind is that at this point in the country's history the Feds can "legally" do whatever the hell they want, constitution, state law, or anything else be damned. Obama can write an executive order that contradicts 200 years of case law, and apparently this passes muster.

So it's not very interesting to me whether or not selling pot is legal (it's not), but what is interesting is whether or not it should be. I mean in a hypothetical America that wasn't run by corrupt retards.

m00
08-09-2012, 04:37 PM
As Rock states, Federal law trumps state law.

Just be careful not to get quoted on this during a debate where the conservative side relies on a state's rights argument. :cool: