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Art Vandeley

03/06/15 11:21 AM

#111901 RE: BriarPatch #111900

And you want to know who would win the State V Federal Law issue in the Supreme Court...the Feds.

Article VI, Section 2, of the U.S. Constitution is known as the Supremacy Clause because it provides that the "Constitution, and the Laws of the United States … shall be the supreme Law of the Land." It means that the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power.



http://legal-dictionary.thefreedictionary.com/Supremacy+Clause



Do I think the feds are going to come down on the mj Industry?

ANSWER: NO, I believe it has far past the point of no return. The States rights issue would surely go to the Supreme Court all the lower courts would shut down with lawsuits from everyone affected. There would be rioting in the streets, cats and dogs playing together, madness I tell you, MADNESS.

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MonestHind

03/06/15 11:39 AM

#111903 RE: BriarPatch #111900

Yes. Factual, unbiased information and the analysis thereof is what has facilitated our unmatched accuracy with regard to both price projections and operational matters.

Ownership of expensive shares fosters bias and inaccuracy, indeed.


TRTC is still all hype and no cannabis.



It's going to be very interesting to see what happens after this earnings report is released.

Potential downside is -35%, whereas upside potential is extremely limited and generally unlikely.

We shall see...
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Art Vandeley

03/06/15 3:04 PM

#111939 RE: BriarPatch #111900

This settles it, the Supreme Court already ruled on whose MJ law reign supreme, State or Federal. If the feds really wanted to shut down the MJ industry, they can any time they desire. All they have to do is send a few DEA agents down any street in Colorado, walk into any dispensary and arrest everyone in there. No search warrant needed as the MJ is in plain view and they even advertise they sell MJ. They can also arrest the Governors too. Like I said before, it isn't going to happen, at least under this administration.


Federal Laws v. State Laws
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Although some states have legalized the medical use of marihuana, the federal government can still ban possession of the drug in states. While federal law does not overturn state laws legalizing medical marihuana use, those who try to use marijuana as a medical treatment risk legal action by the U.S. Drug Enforcement Administration or other federal agencies.

In the landmark case of Gonzales v. Raich, 545 U.S. 1 (U.S. 2005), the United States Supreme Court held that the federal government has the constitutional authority to prohibit marijuana for all purposes. In Gonzales, respondents were California residents who used marijuana to treat serious medical conditions. They used marijuana pursuant to the terms of the Compassionate Use Act, Cal. Health & Safety Code § 11362.5 (2005). The federal agents seized and destroyed the cannabis plants cultivated for home consumption. The Court held that the regulation of marijuana under the CSA was within Congress’ commerce power because production of marijuana meant for home consumption had a substantial effect on supply and demand in the national market. Thus, federal law enforcement officials may prosecute medical marijuana patients, even if they grow their own medicine and even if they reside in a state where medical marijuana use is protected under state law. Therefore, whenever, there is a difference between the federal and state laws, the federal laws prevail.

- See more at: http://medicalmarijuana.uslegal.com/federal-laws-v-state-laws/#sthash.vzfbmXE8.dpuf