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Super Bowl Contest Winner from Victoria Denied Entry to U.S. - Minor Pot Possession Conviction from 1981


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#1 Wetcoaster

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Posted 04 February 2013 - 07:07 AM

People need to understand that even a decades old conviction (1981) for possession of a small amount of marijuana (2 grams) can have a huge impact on your ability to travel to the United States. Even if you are granted a suspended sentence, a discharge or even later pardoned the US would treat it as criminal conviction involving possession of a controlled substance and deny entry.

OTOH you can have a conviction for impaired driving and that would have no effect on your admissibility to the United States although anyone seeking to enter Canada would be criminally inadmissible under our immigration law.
https://help.cbp.gov...d/402/related/1

However you may be eligible to apply in advance of your travel directly to Customs and Border Protection (CBP) for a temporary waiver of inadmissibility. The waiver application process can be lengthy (up to a year) and there is a cost of US $585.00 per application regardless of the decision on the application. This is discretionary and the US treats all drug possession related cases seriously.
https://help.cbp.gov...d/760/related/1

Myles Wilkinson of Victoria learned this lesson the hard way when he was denied entry after winning an all expense paid trip to the Super Bowl in New Orleans.

A Vancouver Island man who won an all-expenses-paid trip to the Super Bowl in New Orleans has been refused entry into the U.S. because of a marijuana possession conviction dating back to 1981.


Victoria resident Myles Wilkinson won the trip in a fantasy football league contest, competing against nearly four million other players for the chance to attend the National Football League championship, featuring the Baltimore Ravens and the San Francisco 49ers.


But when he got to Pearson International Airport in Toronto on Thursday, U.S. customs agents learned of a marijuana possession conviction in Vancouver in 1981 and told him he was not allowed to enter the country.


"I had two grams of cannabis. I paid a $50 fine," Wilkinson told CBC news.


Wilkinson said he was 19 when he was busted.


"I can't believe that this is happening, for something that happened 32 years ago."


Wilkinson's denial of entry into the U.S. is a common story, according to Dana Larsen, director of the Sensible B.C. campaign, a group advocating for the decriminalization of marijuana.


"There's hundreds of thousands of Canadians who have these criminal records for small amounts of cannabis and that results in a lifetime ban for accessing the U.S."


Now that two U.S. states — Washington and Colorado — have legalized the recreational use of marijuana, Larsen is pushing for a similar referendum in B.C.


"Being a cannabis user should not be a criminal offence. It should be regulated and taxed and controlled, but it should not be banned."


Larsen said RCMP have doubled the number of possession charges in B.C., laying about 3,800 charges for possession in 2011.


"That means every day 10 more British Columbians face the lifetime stigma of a possession charge."


Beer-maker Bud Light Canada, which sponsored the fantasy football contest that Wilkinson won, has invited him to attend its Super Bowl party at Vancouver's Commodore Ballroom as their guest Sunday afternoon.

http://www.cbc.ca/news/canada/british-columbia/story/2013/02/03/bc-superbowl-fan-denied-us-entry.html

BTW a referendum in BC as being advocated in the story above would have no effect because marijuana is under the federal criminal law power and the Harper government has been clear that it has no intention changing the law.
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#2 мцт вяздк чф

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Posted 04 February 2013 - 07:23 AM

bull.
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#3 Standing_Tall#37

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Posted 04 February 2013 - 07:33 AM

BTW a referendum in BC as being advocated in the story above would have no effect because marijuana is under the federal criminal law power and the Harper government has been clear that it has no intention changing the law.

I dunno, Harper is usually so far up the US' ass that if Obama said it was acceptable, Harper like the lil lapdog he is for the states, would be all for it too.
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#4 Wetcoaster

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Posted 04 February 2013 - 07:35 AM

*
POPULAR

I dunno, Harper is usually so far up the US' ass that if Obama said it was acceptable, Harper like the lil lapdog he is for the states, would be all for it too.

That makes no sense.
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#5 Mr. Ambien

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Posted 04 February 2013 - 07:35 AM

As silly as the war on drugs is, that's what happens when you don't follow the laws of a foreign country.

The US treats bringing even small amounts of drugs across the border far more harshly than simple possession within. That stands even today.

Edited by zaibatsu, 04 February 2013 - 07:36 AM.

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#6 nobbiep

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Posted 04 February 2013 - 07:37 AM

The smell of pot stinks.....if they legalize it then they better control it...I dont want to smell the stuff, it makes me ill :(
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#7 hudson bay rules

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Posted 04 February 2013 - 08:03 AM

Who gets busted over 2 grams? Cops would typically just confiscate it (esp in BC.)
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#8 Wetcoaster

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Posted 04 February 2013 - 08:07 AM

Who gets busted over 2 grams? Cops would typically just confiscate it (esp in BC.)

That is at the discretion of the police officer. As noted in the article:

RCMP have doubled the number of possession charges in B.C., laying about 3,800 charges for possession in 2011.


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#9 coleman26

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Posted 04 February 2013 - 08:09 AM

I dunno, Harper is usually so far up the US' ass that if Obama said it was acceptable, Harper like the lil lapdog he is for the states, would be all for it too.


lolwut? Yeah, because getting busted with pot in the US is something to laugh at.

I once tried to score off a waiter in Minneapolis (I was young) and he went deathly white. Because that's an actual jail sentence down there. But, no, yeah, Obama will tell Harper and then he'll do it, because he's a lap dog. LOLOFCOURSE
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#10 :D

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Posted 04 February 2013 - 08:32 AM

Only dopes use dope.
Only dopes try to cross the border with priors.
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#11 Kumquats

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Posted 04 February 2013 - 08:33 AM

This happened to a buddy that wanted to go to Disneyland in Florida a couple years ago. The US wouldn't let him fly there because of possession from 2000. So instead he went to Mexico..

Also, my Father isn't allowed in the US because of a false charge against him from the early 60's. He did travel there a few times before they cracked down in the late 90's and said he needed a pardon. It would have been $500 back then and he decided he didn't want to go to the States that bad.
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#12 RUPERTKBD

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Posted 04 February 2013 - 08:56 AM

As silly as the war on drugs is, that's what happens when you don't follow the laws of a foreign country.

The US treats bringing even small amounts of drugs across the border far more harshly than simple possession within. That stands even today.


That's not the way I read the article. It looks to me like the possession charge was in Canada...
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#13 Lockout Casualty

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Posted 04 February 2013 - 08:57 AM

As silly as the war on drugs is, that's what happens when you don't follow the laws of a foreign country.

The US treats bringing even small amounts of drugs across the border far more harshly than simple possession within. That stands even today.


It happened in Vancouver.

Larsen said RCMP have doubled the number of possession charges in B.C., laying about 3,800 charges for possession in 2011.


How bloody absurd. It's a depressing and a sobering thought that the US is ahead of us when it comes to legalization. Canada, you used to be cool.
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#14 Wetcoaster

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Posted 04 February 2013 - 08:58 AM

It happened in Vancouver.



How bloody absurd. It's a depressing and a sobering thought that the US is ahead of us when it comes to legalization. Canada, you used to be cool.

Some states have purported to enact new law but under US federal law it remains an offence.


Colorado and Washington made headlines back on Election Day with statewide votes to legalize marijuana use. Considering the two states also rank among the most popular skiing destinations, the ski areas there have needed to assess the impact of the new state laws. The result appears to be a case of business as usual for skiers and snowboarders in those states.


Several factors make widespread marijuana use on the slopes a virtual impossibility in the foreseeable future. First and foremost, federal law still prohibits use of the drug.


“Where state law conflicts with federal law, the federal law controls. That’s known as the supremacy clause,” said David Cronheim, an attorney who writes a blog about legal issues in the ski industry. “Personally, from a lawyer’s perspective, I think it’s a dangerous proposition when states try to nullify federal law. We fought a civil war over that.”

http://www.onthesnow.com/news/a/582895/how-do-the-new-marijuana-laws-in-colorado---washington-affect-ski-resorts-

Edited by Wetcoaster, 04 February 2013 - 09:02 AM.

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#15 Lockout Casualty

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Posted 04 February 2013 - 09:03 AM

Some states have purported to enact new law but under US federal law it remains an offence.


Yes, however the attitudes are changing,


"We've got bigger fish to fry," Obama said of pot users in Colorado and Washington during an exclusive interview with ABC News' Barbara Walters.

"It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal," he said, invoking the same approach taken toward users of medicinal marijuana in 18 states where it's legal.

http://abcnews.go.com/Politics/OTUS/president-obama-marijuana-users-high-priority-drug-war/story?id=17946783

There are other states that are taking aim at legalization this year, and there's no indication to me that this course will change. Whether the fed legalizes or it's done on the state level, so long as you're not charged with possession like the 3,800 folks do in BC it's the end result that's important. I could not care less for Harper's policies toward drugs if provinces acted similarly to Colorado and Washington. As a nation, Canada is behind the US on this issue.
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#16 Wetcoaster

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Posted 04 February 2013 - 09:10 AM

Yes, however the attitudes are changing,



http://abcnews.go.co...ory?id=17946783

There are other states that are taking aim at legalization this year, and there's no indication to me that this course will change. Whether the fed legalizes or it's done on the state level, so long as you're not charged with possession like the 3,800 folks do in BC it's the end result that's important. I could not care less for Harper's policies toward drugs if provinces acted similarly to Colorado and Washington. As a nation, Canada is behind the US on this issue.

Obama said the same thing about medical marijuana after the 2008 election but then saw organized crime moving in and moved strongly against the liberalization policies. In fact much more strongly than the the Dubya administration ever had done.

In 2008, then Senator Obama similarly said he was “not going to be using Justice Department resources to circumvent state laws” on medical marijuana, and Attorney General Eric Holder confirmed that this would be the federal policy following Obama’s election. But what actually followed was a widespread crackdown on medical marijuana dispensaries led by U.S. Attorneys.


Obama clarified his 2008 statement in an April 2012 interview with Rolling Stone, saying, “What I specifically said was that we were not going to prioritize prosecutions of persons who are using medical marijuana. I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana — and the reason is, because it’s against federal law.”


In about a year, there are likely to be large-scale producers of marijuana for recreational use in two states, and it’s still against federal law. So while Obama’s comments may be seen as an olive branch toward the marijuana legalization movement, precedent suggests that his administration may still try to prevent marijuana stores from opening.


Though it is still unknown how the Department of Justice will ultimately respond to commercial marijuana sales, Holder recently said he expects to make a policy pronouncement “relatively soon.”

http://www.businessi...2#ixzz2JwnGDxdw

Provinces in Canada have no jurisdiction in this matter - it is a matter of federal jurisdiction.

Edited by Wetcoaster, 04 February 2013 - 09:14 AM.

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#17 Lockout Casualty

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Posted 04 February 2013 - 09:24 AM

Obama said the same thing about medical marijuana after the 2008 election but then saw organized crime moving in and moved strongly against the liberalization policies. In fact much more strongly than the the Dubya administration ever had done.


In 2008, then Senator Obama similarly said he was “not going to be using Justice Department resources to circumvent state laws” on medical marijuana, and Attorney General Eric Holder confirmed that this would be the federal policy following Obama’s election. But what actually followed was a widespread crackdown on medical marijuana dispensaries led by U.S. Attorneys.

http://www.businessi...2#ixzz2JwnGDxdw

Provinces in Canada have no jurisdiction in this matter - it is a matter of federal jurisdiction.


Neither do American states.

As for Obama's crackdown, there's more to it than simply enforcing a federal law. For example, take a look at the number of dispensaries that are currently operating (http://legalmarijuanadispensary.com/) - doesn't look like a federal crackdown on MMJ. Another indication is that they were largely focused in California and some in Colorado - there are 18 states that have legalized marijuana for medicinal use. And the crackdowns came hard about two years ago, what has happened since?

In my opinion the crackdown wasn't so much on medical marijuana but on dealers who had either ties to crime, sold outside their licensed customers, and otherwise circumventing the state laws.
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#18 Wetcoaster

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Posted 04 February 2013 - 09:30 AM

Neither do American states.

As for Obama's crackdown, there's more to it than simply enforcing a federal law. For example, take a look at the number of dispensaries that are currently operating (http://legalmarijuanadispensary.com/) - doesn't look like a federal crackdown on MMJ. Another indication is that they were largely focused in California and some in Colorado - there are 18 states that have legalized marijuana for medicinal use. And the crackdowns came hard about two years ago, what has happened since?

In my opinion the crackdown wasn't so much on medical marijuana but on dealers who had either ties to crime, sold outside their licensed customers, and otherwise circumventing the state laws.

Actually American states do have jurisdiction under their criminal law powers (something that Canadian provinces do not possess) as this is a matter of concurrent jurisdiction. However in the event of conflict in this area US federal law is supreme as the US Supreme Court has ruled.

Actually the crackdown was on a whole range of persons including numerous individual growing their own marijuana for their own personal use in compliance with state law:


Fallout from the Obama Administration's aggressive federal enforcement in medical marijuana states has reached a fever pitch this month with three people being sentenced, two others due to surrender to federal authorities to serve out sentences of up to five years in prison, and one federal trial in Montana currently scheduled for January 14th. Two of the three people being sentenced in the coming month -- Montana cultivator Chris Williams and Los Angeles-area dispensary operator Aaron Sandusky -- face five and ten years to life, respectively.


"The number of sick patients being locked up by the Obama Administration is unprecedented and deplorable," said Kris Hermes, spokesperson for Americans for Safe Access, the country's leading medical marijuana advocacy organization. "Aggressive enforcement is an unacceptable means of addressing medical marijuana as a public health issue," continued Hermes. "The Obama Administration is lying to the American people when it says it's not targeting individual patients and these cases are clear evidence of that." Montana patient cultivator Richard Flor died in August while serving out a 5-year prison sentence.

http://www.activistpost.com/2013/01/obama-throwing-medical-marijuana.html
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#19 mpt

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Posted 04 February 2013 - 09:43 AM

Who gets busted over 2 grams? Cops would typically just confiscate it (esp in BC.)


It was a different society back in 1981.
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#20 hudson bay rules

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Posted 04 February 2013 - 09:49 AM

It was a different society back in 1981.


I lived thru it.
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#21 Wetcoaster

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Posted 04 February 2013 - 09:49 AM

It was a different society back in 1981.

And it still happens today in BC depending upon the discretion of the police officer.

And even if Crown Counsel chooses to not proceed to trial, diverts the charge or enters a conditional/absolute discharge there will be a record that is accessible to US border authorities under bilateral criminal information sharing arrangements.

As I said possession of a controlled substance (includes marijuana) provisions under US immigration law does not require a conviction for a person to be denied entry.
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#22 mpt

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Posted 04 February 2013 - 10:01 AM

I lived thru it.


Then you would remember the strict drug enforcement back then
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#23 harpdog

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Posted 04 February 2013 - 10:02 AM

Well, the oposite happened to me. As and American I lived in Vancouver for 40 years, and raised 10 Canadian born kids and I have 21 grand kids but when I went to see my mother for her last few days alive, I was refused entrance into Canada for a pot conviction in 1972. After spending $10,000 to reapply for entry(non refundable), I was still refused entry. I was allowed back once for 3 days for my WIFES funeral(could not come back to be by her side when she died). The temporary grievance pass cost me $500 and if I had not returned, I was threatened with 10 years in jail.
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#24 Aladeen

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Posted 04 February 2013 - 10:04 AM

The smell of pot stinks.....if they legalize it then they better control it...I dont want to smell the stuff, it makes me ill :(

Axe Deodorant spray makes me ill but people can buy that crap at every drug store.
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#25 Lockout Casualty

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Posted 04 February 2013 - 10:13 AM

Actually American states do have jurisdiction under their criminal law powers (something that Canadian provinces do not possess) as this is a matter of concurrent jurisdiction. However in the event of conflict in this area US federal law is supreme as the US Supreme Court has ruled.

Actually the crackdown was on a whole range of persons including numerous individual growing their own marijuana for their own personal use in compliance with state law:


Fallout from the Obama Administration's aggressive federal enforcement in medical marijuana states has reached a fever pitch this month with three people being sentenced, two others due to surrender to federal authorities to serve out sentences of up to five years in prison, and one federal trial in Montana currently scheduled for January 14th. Two of the three people being sentenced in the coming month -- Montana cultivator Chris Williams and Los Angeles-area dispensary operator Aaron Sandusky -- face five and ten years to life, respectively.


"The number of sick patients being locked up by the Obama Administration is unprecedented and deplorable," said Kris Hermes, spokesperson for Americans for Safe Access, the country's leading medical marijuana advocacy organization. "Aggressive enforcement is an unacceptable means of addressing medical marijuana as a public health issue," continued Hermes. "The Obama Administration is lying to the American people when it says it's not targeting individual patients and these cases are clear evidence of that." Montana patient cultivator Richard Flor died in August while serving out a 5-year prison sentence.

http://www.activistp...-marijuana.html



If the fed was going indiscriminately after patients and dealers, why were so many left untouched? This isn't an underground industry, the shops operate in full view, pay taxes, and some have continued to operate for years, through the crackdown. I haven't done extensive research into the crackdowns, so I'm not stating my opinion as gospel, however the questions I pose suggest a different narrative than Obama fighting medical pot for the sake of enforcing federal law. That isn't to say I support Obama's crackdown under my suggested circumstances - I don't.

In regards to states having concurrent jurisdiction, I wonder what exactly is afforded to the states that ins't afforded to provinces - if federal jurisdiction is supreme anything a state does is subject to the whims of the fed. I'm sure there are technicalities, but the end result of having their laws overridden by the fed stands.
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#26 hudson bay rules

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Posted 04 February 2013 - 10:47 AM

Then you would remember the strict drug enforcement back then


you are kidding right?

as I said, the cops would just confiscate small personal amounts. BTDT.

Kids today just flaunt it.
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#27 Goal:thecup

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Posted 04 February 2013 - 10:56 AM

But it is left at the cop's discretion.
That is where they like it.

It becomes arbitrary.
If they like you, they can play nice cop and let it go.
If they don't, they can charge you.

Making criminals out of pot smokers is wrong for many reasons.
From LeDane (sp?) to Dana Larson's Sensible Policing Initiative, everyone knows it should be de-criminalized.
But the (criminal) politicians keep it illegal for profit and police power.
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#28 Wetcoaster

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Posted 04 February 2013 - 11:06 AM

Well, the oposite happened to me. As and American I lived in Vancouver for 40 years, and raised 10 Canadian born kids and I have 21 grand kids but when I went to see my mother for her last few days alive, I was refused entrance into Canada for a pot conviction in 1972. After spending $10,000 to reapply for entry(non refundable), I was still refused entry. I was allowed back once for 3 days for my WIFES funeral(could not come back to be by her side when she died). The temporary grievance pass cost me $500 and if I had not returned, I was threatened with 10 years in jail.
The stupidity goes both ways.

If the conviction was only for simple possession of a small amount marijuana it should have been easily remedied. I have handled countless cases over the years and never had a problem getting my client into Canada if that was the only conviction and there were no previous immigration removal orders.

Currently ss 4(5) of the Controlled Drugs and Substances Act provides that if you have 30 grams or less of marijuana for personal use it is an offence punishable only on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both. As such a single conviction (or its overseas equivalent) no longer renders you criminally inadmissible under the Immigration and Refugee Protection Act.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

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Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#29 Wetcoaster

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Posted 04 February 2013 - 11:09 AM

If the fed was going indiscriminately after patients and dealers, why were so many left untouched? This isn't an underground industry, the shops operate in full view, pay taxes, and some have continued to operate for years, through the crackdown. I haven't done extensive research into the crackdowns, so I'm not stating my opinion as gospel, however the questions I pose suggest a different narrative than Obama fighting medical pot for the sake of enforcing federal law. That isn't to say I support Obama's crackdown under my suggested circumstances - I don't.

In regards to states having concurrent jurisdiction, I wonder what exactly is afforded to the states that ins't afforded to provinces - if federal jurisdiction is supreme anything a state does is subject to the whims of the fed. I'm sure there are technicalities, but the end result of having their laws overridden by the fed stands.

Under our Constitution the provinces have no jurisdiction over criminal law which includes drug laws, it is exclusively federal.

In the US both states and the federal government have jurisdiction over criminal law. The bulk of the criminal codes are state based.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#30 Buggernut

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Posted 04 February 2013 - 11:14 AM

And guys who snorted coke back in '76 can become President.
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