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I had an exchange with a Dutch friend about the drones being used in the Netherlands to eradicate marijuana and commented that we had certain ideas about Europe, particularly her country.  She responded:

No, not “anything goes”. possessing it for your own use is legal, but possession for sale is illegal and so is growing it for sale. I think growing under 5 plants is legal. My neighbor was in jail for a year and had rented his house via-via, and his renters were growing. They were discovered and evicted, leaving an enormous electricity bill and much destruction. But at the other end of the street there is a house that smells very funny at certain months of the year, hardly ever see any signs of life there except an occasional brand new expensive red sports car parked in the garden once a year, never bothers anyone so nothing happens there. Not sure if the police don’t know or the neighbours just don’t complain.

It’s all pretty familiar to me.

Meanwhile there are two marijuana stories out today.  The US Supreme Court refused to hear and thus let stand the rejection of the challenge of San Diego and San Bernadino Counties who had argued that the law could not require them to honor Prop. 215 because it put them at odds with federal law.  We have yet to see a case in which federal laws are challenged as a violation of the 10th Amendment as they pertain to privately cultivated and used medical marijuana – ie. marijuana arguably outside the “stream of commerce.”  I think both sides have avoided pressing the issue.

On the downside for medical marijuana advocates, Charles “Eddy” Lepp of Lake County was sentenced to 10 years in federal prison for cultivating with intent to distribute 1000 plants.  Judge Marilyn Patel, a very liberal judge, was sorry about the sentence which she believes is excessive, but states that she had no discretion under the federal sentencing mandates.  We’ve seen this before.



May 2009
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