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Yearly Archive
for: ‘2011’

The IRS Says Dispensaries Cannot Deduct Ordinary Business Expenses

IRS: Oakland’s Largest Pot Dispensary Owes Millions  Harborside Health Center loses high-stakes tax battle; advocates say ruling could cripple the industry  By Zusha Elinson on October 3, 2011 – 4:36 p.m. PDT  http://www.baycitizen.org/marijuana/story/irs-oaklands-largest-pot-dispensary-owes/  Oaklandâ•˙s Harborside Health Center ╉ the largest medical marijuana dispensary on the West Coast ╉ lost the first round in a high-stakes …

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Warrants Based On the “Odor of Growing Marijuana”? No Way, say the experts

We recently encountered a case in which a narcotics officer claimed that from a sidewalk, he would detect the odor of “growing marijuana” coming from inside the condominium.  A judge actually issued a warrant based on that information.  When I read the affidavit, I was stunned . . . a warrant based something that someone …

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Police Make Dubious Claim About Medical Marijuana Law

According to the Oakland Press, local police departments are complaining that the medical marijuana law is taking time away from other drug enforcement activities.  The Oakland Press article can here . . . In the article, police officers from various departments make a dubious claim that enforcement of medical marijuana laws and medical marijuana related …

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Federal Drug Sentencing Penalties

Federal Trafficking Penalties – Marijuana         DRUG QUANTITY 1st OFFENSE 2nd OFFENSE* Marijuana (Schedule I) 1,000 kg or more mixture; or 1,000 or more plants Not less than 10 years, not more than life Not less than 20 years, not more than life If death or serious injury, not less than 20 …

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From The Oakland Press – Is Marijuana the “new” Wonder Drug?

The Oakland Press did an interesting piece on whether marijuana is the new “wonder drug”, similar to penicillin?  The article is an interesting look at the opinions of some who swear by medical marijuana and view as a worthwhile tool to be added to the remedies and treatments available to those suffering from illnesses or …

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Guilt Assuming Hypotheticals — A Federal Circuit Court Explains How And When They Are Impermissible

From the ever reliable, Federal Evidence Blog Examining Use Of Guilt-Assuming Hypotheticals Where the evidence proffered under FRE 405(a) consisted of character opinion testimony of two witnesses who testified that the defendant, charged with mail fraud, was in their opinion a law abiding citizen, one opinion was admissible and the other excludable; although the defendant …

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Federal Government Trampling on Citizen’s Rights in Oregon | Michigan is next?

http://www.registerguard.com/web/newslocalnews/26958813-41/marijuana-agents-federal-plants-medical.html.csp DEA raids medical marijuana plot 30 agents break down doors at rental houses in Gold Hill and seize hundreds of plants BY JEFF BARNARD The Associated Press GOLD HILL — An insurance agent whose rental homes were searched by dozens of federal agents said Thursday that he made sure the 20 people he allowed …

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Attorney General Schuette Steps in SH*T Again

This press release from our “beloved” attorney general, Bill Schuette says it all . . . he is biased, unfair and predisposed to undermine the medical marijuana act. Schuette: Ruling Against Massive Medical Marijuana Grow Operations Welcomed by Law Enforcement, Public Contact:  John Sellek or Joy Yearout 517-373-8060 Agency: Attorney General September 29,  2011 LANSING …

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Rhode Island Governor Will Not Enact Medical Marijuana Cultivation Law Because Of Feds

The federal government.  We talk about it as though it exists on its own legs and operates independently of any policymakers or officials.  It isn’t.  It doesn’t.  Rhode Island enacted a medical marijuana cultivation law.  The government supports medical marijuana and medical marijuana cultivation.  However, Rhode Island Governor Lincoln Chafee won’t enforce it.  Why not? …

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Cooperative Grows — The Crux of the Opinion in People v Bylsma

In People v Bylsma, the most recent Michigan Court of Appeals case on the Michigan Medical Marijuana Act, the Court of Appeals once again found that an accused violated the MMMA and thus did not deserve the protection of the MMMA or its defense.  Again, I am disappointed with the Court of Appeals.  Again, I …

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