Calavaras County CA Bans Pot Grows Even While The State Says It's Legal

[theDoctorisIn]

Show us the laws, and tell us how the would possibly apply to the governor of California.

Title and Chapter.

State licensed growers, state licensed distributors and the state taking their cut of the action. How is that different form any cartel?

You can start here, and then feel free to look up RIOC laws.

FEDERAL Laws & Penalties - NORML.org - Working to Reform Marijuana Laws


.

I didn't ask you to try to distract from the question.

What federal laws, specifically, do you believe Jerry Brown has broken?

Title and Chapter.

And, don't forget to tell us exactly how each element of the crime is met.

He's running an organized crime syndicate, AKA DRUG CARTEL.

Racketeer Influenced and Corrupt Organizations Act - Wikipedia


.

"Drug cartel" is it?

What would this "drug" be?

Check the thread title and link troll.


.

I'll make it easier for you.

Here's the legal definition of "continuing criminal enterprise".

(c) “Continuing criminal enterprise” defined. For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources​

21 U.S. Code § 848 - Continuing criminal enterprise

We can start from there. Explain to me how Jerry Brown meets those elements.

 

[theDoctorisIn]

I didn't ask you to try to distract from the question.

What federal laws, specifically, do you believe Jerry Brown has broken?

Title and Chapter.

And, don't forget to tell us exactly how each element of the crime is met.

He's running an organized crime syndicate, AKA DRUG CARTEL.

Racketeer Influenced and Corrupt Organizations Act - Wikipedia


.

I'm asking for the title and chapter of the US Code of the crime you're accusing Jerry Brown of.

Additionally, I'm asking you to explain how Jerry Brown has met each and every element of the crime.

21 U.S.C. §§ 801-904

Part D — Offenses And Penalties
§848. Continuing criminal enterprise

(b) Life imprisonment for engaging in continuing criminal enterprise
Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a) of this section, if—

(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and

(2)(A) the violation referred to in subsection (c)(1) of this section involved at least 300 times the quantity of a substance described in subsection 841(b)(1)(B) of this title, or

(B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 841(b)(1)(B) of this title.

Section 848


.

That statute requires a "continuing criminal enterprise".

What crime?

Title and Chapter, please.

Read the link troll.


.

No.

I'm not asking you to find articles for me to read, or find op-eds that agree with you. I'm asking you to tell me exactly what, legally, you believe Jerry Brown to be guilty of.

I'm asking you to show me the law he broke, and prove to me that he broke it.

 

[OKTexas]

State licensed growers, state licensed distributors and the state taking their cut of the action. How is that different form any cartel?

You can start here, and then feel free to look up RIOC laws.

FEDERAL Laws & Penalties - NORML.org - Working to Reform Marijuana Laws


.

I didn't ask you to try to distract from the question.

What federal laws, specifically, do you believe Jerry Brown has broken?

Title and Chapter.

And, don't forget to tell us exactly how each element of the crime is met.

He's running an organized crime syndicate, AKA DRUG CARTEL.

Racketeer Influenced and Corrupt Organizations Act - Wikipedia


.

"Drug cartel" is it?

What would this "drug" be?

Check the thread title and link troll.


.

I'll make it easier for you.

Here's the legal definition of "continuing criminal enterprise".

(c) “Continuing criminal enterprise” defined. For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources​

21 U.S. Code § 848 - Continuing criminal enterprise

We can start from there. Explain to me how Jerry Brown meets those elements.

Sure, he's definitely in a supervisory position, more than 5 people involved, and it provides his salary and valuable political capital.

But this is just one part, you also have conspiracy, production and distribution to deal with. Feel free to peruse all of part D here:

Title 21 United States Code (USC) Controlled Substances Act - Section 801-971


.

 

[theDoctorisIn]

I didn't ask you to try to distract from the question.

What federal laws, specifically, do you believe Jerry Brown has broken?

Title and Chapter.

And, don't forget to tell us exactly how each element of the crime is met.

He's running an organized crime syndicate, AKA DRUG CARTEL.

Racketeer Influenced and Corrupt Organizations Act - Wikipedia


.

"Drug cartel" is it?

What would this "drug" be?

Check the thread title and link troll.


.

I'll make it easier for you.

Here's the legal definition of "continuing criminal enterprise".

(c) “Continuing criminal enterprise” defined. For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources​

21 U.S. Code § 848 - Continuing criminal enterprise

We can start from there. Explain to me how Jerry Brown meets those elements.

Sure, he's definitely in a supervisory position, more than 5 people involved, and it provides his salary and valuable political capital.

You understand how an outline works, right?

You missed this part:

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

What felony provision of this subchapter (or subchapter II) is Jerry Brown guilty of violating? Show how he's done it "continuingly".

After you do that, I'll tell you why you're wrong about the part you actually addressed.

But this is just one part, you also have conspiracy, production and distribution to deal with. Feel free to peruse all of part D here:

Title 21 United States Code (USC) Controlled Substances Act - Section 801-971

You understand that you're just adding more things that you have to prove, right?

 

[OKTexas]

He's running an organized crime syndicate, AKA DRUG CARTEL.

Racketeer Influenced and Corrupt Organizations Act - Wikipedia


.

"Drug cartel" is it?

What would this "drug" be?

Check the thread title and link troll.


.

I'll make it easier for you.

Here's the legal definition of "continuing criminal enterprise".

(c) “Continuing criminal enterprise” defined. For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources​

21 U.S. Code § 848 - Continuing criminal enterprise

We can start from there. Explain to me how Jerry Brown meets those elements.

Sure, he's definitely in a supervisory position, more than 5 people involved, and it provides his salary and valuable political capital.

You understand how an outline works, right?

You missed this part:

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

What felony provision of this subchapter (or subchapter II) is Jerry Brown guilty of violating? Show how he's done it "continuingly".

After you do that, I'll tell you why you're wrong about the part you actually addressed.

But this is just one part, you also have conspiracy, production and distribution to deal with. Feel free to peruse all of part D here:

Title 21 United States Code (USC) Controlled Substances Act - Section 801-971

You understand that you're just adding more things that you have to prove, right?

No, I don't have to prove a damn thing, that's Sessions job, he is tasked by the president to enforce federal law.


.

 

[theDoctorisIn]

"Drug cartel" is it?

What would this "drug" be?

Check the thread title and link troll.


.

I'll make it easier for you.

Here's the legal definition of "continuing criminal enterprise".

(c) “Continuing criminal enterprise” defined. For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources​

21 U.S. Code § 848 - Continuing criminal enterprise

We can start from there. Explain to me how Jerry Brown meets those elements.

Sure, he's definitely in a supervisory position, more than 5 people involved, and it provides his salary and valuable political capital.

You understand how an outline works, right?

You missed this part:

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

What felony provision of this subchapter (or subchapter II) is Jerry Brown guilty of violating? Show how he's done it "continuingly".

After you do that, I'll tell you why you're wrong about the part you actually addressed.

But this is just one part, you also have conspiracy, production and distribution to deal with. Feel free to peruse all of part D here:

Title 21 United States Code (USC) Controlled Substances Act - Section 801-971

You understand that you're just adding more things that you have to prove, right?

No, I don't have to prove a damn thing, that's Sessions job, he is tasked by the president to enforce federal law.


.

Of course.

And Jeff Sessions - or at least most of the people who work for him - understand how the law works, and why your fantasy of Jerry Brown being led off in chains is complete nonsense.

You made the claim, I was just hoping that you'd make some effort to back it up.

 

[OKTexas]

Check the thread title and link troll.


.

I'll make it easier for you.

Here's the legal definition of "continuing criminal enterprise".

(c) “Continuing criminal enterprise” defined. For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources​

21 U.S. Code § 848 - Continuing criminal enterprise

We can start from there. Explain to me how Jerry Brown meets those elements.

Sure, he's definitely in a supervisory position, more than 5 people involved, and it provides his salary and valuable political capital.

You understand how an outline works, right?

You missed this part:

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

What felony provision of this subchapter (or subchapter II) is Jerry Brown guilty of violating? Show how he's done it "continuingly".

After you do that, I'll tell you why you're wrong about the part you actually addressed.

But this is just one part, you also have conspiracy, production and distribution to deal with. Feel free to peruse all of part D here:

Title 21 United States Code (USC) Controlled Substances Act - Section 801-971

You understand that you're just adding more things that you have to prove, right?

No, I don't have to prove a damn thing, that's Sessions job, he is tasked by the president to enforce federal law.


.

Of course.

And Jeff Sessions - or at least most of the people who work for him - understand how the law works, and why your fantasy of Jerry Brown being led off in chains is complete nonsense.

You made the claim, I was just hoping that you'd make some effort to back it up.

I guess you missed the DHS testimony about going after officials in pot states. They may understand more than you think. Conspiracy, manufacture and distribution are a slam dunk.


.

 

[theDoctorisIn]

I'll make it easier for you.

Here's the legal definition of "continuing criminal enterprise".

(c) “Continuing criminal enterprise” defined. For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources​

21 U.S. Code § 848 - Continuing criminal enterprise

We can start from there. Explain to me how Jerry Brown meets those elements.

Sure, he's definitely in a supervisory position, more than 5 people involved, and it provides his salary and valuable political capital.

You understand how an outline works, right?

You missed this part:

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

What felony provision of this subchapter (or subchapter II) is Jerry Brown guilty of violating? Show how he's done it "continuingly".

After you do that, I'll tell you why you're wrong about the part you actually addressed.

But this is just one part, you also have conspiracy, production and distribution to deal with. Feel free to peruse all of part D here:

Title 21 United States Code (USC) Controlled Substances Act - Section 801-971

You understand that you're just adding more things that you have to prove, right?

No, I don't have to prove a damn thing, that's Sessions job, he is tasked by the president to enforce federal law.


.

Of course.

And Jeff Sessions - or at least most of the people who work for him - understand how the law works, and why your fantasy of Jerry Brown being led off in chains is complete nonsense.

You made the claim, I was just hoping that you'd make some effort to back it up.

I guess you missed the DHS testimony about going after officials in pot states. They may understand more than you think. Conspiracy, manufacture and distribution are a slam dunk.


.

The head of DHS said "we're looking into available avenues".

That's really not the "testimony" that you think it is.

Ask any lawyer, they'll tell you the same thing.

 

[OKTexas]

Sure, he's definitely in a supervisory position, more than 5 people involved, and it provides his salary and valuable political capital.

You understand how an outline works, right?

You missed this part:

(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—

What felony provision of this subchapter (or subchapter II) is Jerry Brown guilty of violating? Show how he's done it "continuingly".

After you do that, I'll tell you why you're wrong about the part you actually addressed.

But this is just one part, you also have conspiracy, production and distribution to deal with. Feel free to peruse all of part D here:

Title 21 United States Code (USC) Controlled Substances Act - Section 801-971

You understand that you're just adding more things that you have to prove, right?

No, I don't have to prove a damn thing, that's Sessions job, he is tasked by the president to enforce federal law.


.

Of course.

And Jeff Sessions - or at least most of the people who work for him - understand how the law works, and why your fantasy of Jerry Brown being led off in chains is complete nonsense.

You made the claim, I was just hoping that you'd make some effort to back it up.

I guess you missed the DHS testimony about going after officials in pot states. They may understand more than you think. Conspiracy, manufacture and distribution are a slam dunk.


.

The head of DHS said "we're looking into available avenues".

That's really not the "testimony" that you think it is.

Ask any lawyer, they'll tell you the same thing.

They're looking into a lot more avenues than just drugs, they're also looking at the laws for harboring illegals and facilitating them in remaining in the country, but that's another topic.


.

 

[Silhouette]

Well at least that one County has sniffed the wind & is backing out. Wonder if more there & in other "legal" states will too?

 

[Kondor3]

With respect to both Immigration (Sanctuary) and marijuana laws, on both the Federal and State level...

It is time to find legal means to have the US District Attorney indict the Governor and the California State Legislature on Federal Obstruction of Justice charges.

Followed by US Marshals leading the handcuffed Governor out of the Mansion and the Legislature hauled down the steps of the Capitol Building.

Followed by quick trials and convictions, impeachments, and removal from office, and replacement by sane middle-grounders not willing to give-away the farm.

Great fun... overhauling the People's Democratic Socialist Republik of Kalipornia... the Land of Fruits and Nuts.

 

[Silhouette]

Well to be fair, California voted down gay marriage twice. Most of her citizens are irate their elite leaders are ignoring that they don't want illegals there. And now this County of Calavaras is rejecting the pot thing. So properly the fed in your scenario would be rescuing a population from a fascist oligarchy they're being held prisoners by.

 

[Anathema]

Here in Massachusetts we don't even have the retailer and dispensary systems set up yet and at least a dozen cities/towns have already passed ordinances banning the stores and dispensaries inside their borders.

 

[Skylar]

Well to be fair, California voted down gay marriage twice. Most of her citizens are irate their elite leaders are ignoring that they don't want illegals there. And now this County of Calavaras is rejecting the pot thing. So properly the fed in your scenario would be rescuing a population from a fascist oligarchy they're being held prisoners by.

A 'fascist oligarchy' because of gay marriage? And the people voted pot in.

You're literally insisting its 'fascist' for the will of the people to be carried out by local officials.

I don't think 'fascism' nor 'oligarchy' means what you think they mean. I suspect they are just mean sounding words that you're tossing in like 'Lesbian Overlord'. Just...nonsense.

 

[Moonglow]

Huh? How does that work?

prochoice..

 

[Moonglow]

Well to be fair, California voted down gay marriage twice. Most of her citizens are irate their elite leaders are ignoring that they don't want illegals there. And now this County of Calavaras is rejecting the pot thing. So properly the fed in your scenario would be rescuing a population from a fascist oligarchy they're being held prisoners by.

A 'fascist oligarchy' because of gay marriage? And the people voted pot in.

You're literally insisting its 'fascist' for the will of the people to be carried out by local officials.

I don't think 'fascism' nor 'oligarchy' means what you think they mean. I suspect they are just mean sounding words that you're tossing in like 'Lesbian Overlord'. Just...nonsense.

Sometimes one must fashion a design on the bandwagon they are jumping on...

 

[Silhouette]

Here in Massachusetts we don't even have the retailer and dispensary systems set up yet and at least a dozen cities/towns have already passed ordinances banning the stores and dispensaries inside their borders.

You're wonder then how many people in Mass actually supported it?

 

[Anathema]

You're wonder then how many people in Mass actually supported it?

NIMBY. They're ine with the idea so long as it's- Not In My Back Yard.

Typical Liberal way of looking at things. The same thing is happening with a much needed LNG pipeline to supprt our power plants.

 

[mountainmike]

Once pot friendly Northern California county bans marijuana

Well the games have begun. Lawsuit coming..

four new board members were seated this month after winning election in November on campaign promises to ban marijuana.....Calaveras County growers with permits said Wednesday they are planning to sue. Each permit cost $5,000 and the county has collected more than $7 million in taxes from marijuana growers since 2016....The farmers also said they may try to qualify a ballot measure to reverse the ban....Ban proponents complained that a sudden influx of new marijuana growers dramatically changed the region's makeup and damaged the environment.

In order to get a ballot measure approved, it first must not violate any State or Federal laws. This should get interesting...

So Calavaras County decided to ban commercial growing.

And?

Yes, banning commercial growing is different than banning all growing, including what you are growing on your own property for your own use. Anti pot laws even if we had them would not be enforced because it is a real pain in the butt for law enforcement to fixate on pot when real crimes are happening up to an including robberies and murders.

 

[Syriusly]

Huh? How does that work?

Well near as I can tell, it's called "ruling from the bottom up". I guess that County figured that if the State can tell the fed to piss off about Schedule 1 pot grows, then the County can tell the State to piss off about ignoring the federal law.

It's really just a matter of a bunch of people failing American Government in high school. The whole problem started when one of those flunkies, the CA AG, reviewed the original "medical" then "recreational" ballot measures and approved them for the ballot without noticing that they violated federal law. They should have never made it past her desk. But they did. And here we are: sedition-land and a quagmire of lawsuits beginning...

Haven't you gone down this dead end before?

A state allowing cannabis doesn't "violate Federal law". There's no federal law that declares that a state has to pass anti-cannabis state laws. A Californian (Coloradoan, Washingtonian, whatever) who grows cannabis may still be in violation of federal law; they're just not in violation of state law.

There are federal laws dealing with drug cartels, whether they are ran by Poncho down in Mexico, or from a Governors mansion.


.

Show us the laws, and tell us how the would possibly apply to the governor of California.

Title and Chapter.

State licensed growers, state licensed distributors and the state taking their cut of the action. How is that different form any cartel?

You can start here, and then feel free to look up RICO laws.

FEDERAL Laws & Penalties - NORML.org - Working to Reform Marijuana Laws


.

Then the Federal government is part of the cartel too.

Since the Fed's happily accept their 'cut of the action' in the form of income taxes paid by growers and sellers.