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house Bill H.R. 262

Should Medical Marijuana Dispensaries Be Protected From Government Seizures?

Argument in favor

People who use weed for medical reasons shouldn't have to answer to the government to receive care. States that have legalized medical marijuana or recreational marijuana should be responsible for enforcing their own laws — its not the business of the federal government.

Allen12345's Opinion
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02/03/2015
It is a safe, non-toxic, and non-addictive pain reliever and anti-nausea herb. The other choice for many is the use of prescription opiates which can kill in the wrong dose. There is no amount of marijuana that will kill--there is no 'overdose.' Granted that nothing is 100% safe, this is on the far, far side of safety--donuts are more harmful and addictive. Folks, there is absolutely no honest reason to threaten our fellow citzens with jail and court expenses and criminal records for using this herb as they see fit. So, even more, there is no leg to stand on for those who would deny someone suffering, this herb. Who thinks that way? "Yeah, go choke on your own vomit sick person." What excuse for a human being thinks that way? You need a far better reason when the government sets about to deprive it's citizens of a liberty. Pot may be a 'silly' topic, but a government threatening to jail our friends and neighbors is serious. We need to stop that. (I'm not a pot user.)
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EricRevell's Opinion
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02/23/2015
The federal government shouldn't be intervening in state and local decisions about medical or recreational marijuana.
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Jim's Opinion
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03/18/2015
The time has come for the Federal Government to stay out of California's way. Republicans have always believed in state rights as a "pillar belief", and I think we can
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Argument opposed

The federal government has the resources to prosecute dispensaries that abuse the medical marijuana systems, whereas states and municipalities may not have the ability to do anything. Marijuana — medical or not — is still illegal in the eyes of the federal government.

bart's Opinion
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02/12/2015
This seems like a silly workaround - just repeal making marijuana illegal federally.
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Mark's Opinion
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04/04/2016
They are selling an illegal product they are criminals not only seize their money and property send them to jail.
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Kathy's Opinion
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02/06/2015
It's a little silly to cry foul after turning a blind eye, but I do agree.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on Energy and Commerce
      Health
      Committee on the Judiciary
      Crime, Terrorism and Homeland Security
    IntroducedJanuary 9th, 2015

What is House Bill H.R. 262?

This bill would make it illegal for the federal government to seize the assets of people who own and operate medical marijuana dispensaries in compliance with state and local laws. Included in this bill’s definition of assets would be titles and deeds, property improvements, and ownership interests in the land itself.


The introduction of this bill is in response to the Department of Justice (DOJ) having threatened to file lawsuits against the landlords of medical marijuana dispensaries in the past. The potential lawsuits have in the past caused dispensaries to close and potential new dispensaries were put on hold.

Impact

Landlords, owners, and operators of medical marijuana dispensaries, their customers, and the Department of Justice.

Cost of House Bill H.R. 262

A CBO cost estimate is unavailable.

More Information

In-Depth:

In 2012, the Department of Justice announced that it was filing charges against Harborside Health Center in Oakland, California for serving medical marijuana patients and violating federal law. The City of Oakland filed a countersuit against the DOJ citing that Harborside was compliant with state and local laws, but a federal judge dismissed the suit for lack of standing, because the City does not own Harborside’s building. If Harborside loses its case, its owners will be faced with asset forfeiture and the business will be shut down.


The threat of asset seizure by the federal government would seem to run contrary to the Obama administration’s stated policies towards the medical marijuana industry. The “Cromnibus” spending bill that was passed into law at the end of 2014 prevents the federal government from spending money to prosecute medical marijuana dispensaries and patients that operate within state laws.


While that shift in policy will be welcome news in the 23 states that allow medical marijuana — four of which have legalized recreational marijuana — it is unclear what change if any this will have for the dispensaries that the DOJ is after.


Media:

Sponsoring Rep. Barbara Lee (D-CA) Press Release

U.S. News & World Report

Huffington Post

NORML (In Favor)

Toke of the Town (In Favor)

Mother Jones (Context)

(Photo Credit: Dank Depot)

AKA

States' Medical Marijuana Property Rights Protection Act

Official Title

To amend the Controlled Substances Act so as to exempt real property from civil forfeiture due to medical marijuana-related conduct that is authorized by State law.

    It is a safe, non-toxic, and non-addictive pain reliever and anti-nausea herb. The other choice for many is the use of prescription opiates which can kill in the wrong dose. There is no amount of marijuana that will kill--there is no 'overdose.' Granted that nothing is 100% safe, this is on the far, far side of safety--donuts are more harmful and addictive. Folks, there is absolutely no honest reason to threaten our fellow citzens with jail and court expenses and criminal records for using this herb as they see fit. So, even more, there is no leg to stand on for those who would deny someone suffering, this herb. Who thinks that way? "Yeah, go choke on your own vomit sick person." What excuse for a human being thinks that way? You need a far better reason when the government sets about to deprive it's citizens of a liberty. Pot may be a 'silly' topic, but a government threatening to jail our friends and neighbors is serious. We need to stop that. (I'm not a pot user.)
    Like (22)
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    This seems like a silly workaround - just repeal making marijuana illegal federally.
    Like (38)
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    The federal government shouldn't be intervening in state and local decisions about medical or recreational marijuana.
    Like (16)
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    The time has come for the Federal Government to stay out of California's way. Republicans have always believed in state rights as a "pillar belief", and I think we can
    Like (9)
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    If these dispensaries are located within states that have legalized the selling and consumption of marijuana, then I see no reason to prevent the lawful dispensation of the product.
    Like (4)
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    Medical marijuana has proven to have many benefits for people that have AIDS, Terminal Illnesses, Epilepsy, Cancer, and many more illnesses. Marijuana should be legalized altogether and be taxed. It is safer than alcohol and cigarettes and is a natural plant. It would take millions from the cartel, prisons and courtrooms would not be overcrowded which means our taxes can go to something more useful. It has proven to be successful as Colorado has made nearly $1 billion in the past year with $135 million in taxes which went to local governments, building of school, etc. the people are also happy with it, serious crime rates have gone down and car accidents have been at all time lows. There are very few negatives to legalizing marijuana, and the government should not deny citizens the right to smoke a plant.
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    They are selling an illegal product they are criminals not only seize their money and property send them to jail.
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    I believe that they are providing a service to the public and no different than a pharmacy.
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    The Feds should be focusing on civil rights, political corruption, veterans and infrastructure.
    Like (1)
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    This bill would make it illegal for the federal government to seize the assets of people who own and operate medical marijuana dispensaries in compliance with state and local laws. Included in this bill’s definition of assets would be titles and deeds, property improvements, and ownership interests in the land itself. Please vote yea. This frees
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    Better yet, LEGALIZE it nationwide! (Along with the harder drugs and prostitution as far as I'm concerned....)
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    So private companies can have control of opiates but not of cannabis? Makes sense.
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    It is their choice to violate federal law. They are without a doubt fully aware it is a federal crime.
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    Stop it its just medicine
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    It's a little silly to cry foul after turning a blind eye, but I do agree.
    Like (1)
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    If it has been issued under prescription it is should be considered a legal drug to have
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    Legalize recreational marijuana at the federal level.
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    Yes
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    Businesses operating legally within their state should not be at risk for punitive actions from the federal level.
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    Shut them all down. It is a far more dangerous substance than libtards are trying to convince us
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