Medical marijuana: Reverend Brandon Baker challenges state MMJ laws in Federal court

Categories: Marijuana

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Rev. Brandon Baker.
The Reverend Brandon Baker, who's with the ganja-based Greenfaith Ministry, has a lot of titles.

He's a farmer, a father, an activist, a religious leader -- and now a self-professed legal scholar who says he's found a way to end Colorado's medical marijuana regulations, which he says violate patient privacy.

For the last year or so, Baker says, he's been scanning law books, looking for a way to challenge the state medical marijuana regs passed over the last two years; he believes they've created a state-run regulatory scheme that incriminates all patients in federal marijuana crimes. And last month, he filed a motion to overturn the laws in federal court.

Baker argues that state laws requiring dispensaries to keep patient records and maintain live feeds of security cameras for Colorado's Medical Marijuana Enforcement Division will eventually lead to patients being arrested by federal law-enforcement officials. His suit also argues that the state government can't collect any revenue or application money from a federally illegal industry.

"This is a facial challenge," he explains. "I'm not challenging marijuana, I'm challenging the Fifth Amendment. I'm going to have them toss the dispensary laws and have them rewrite them all with privacy for the patients."

Baker is also a part of a similar lawsuit at the state level demanding that the state's MMJ laws be thrown out; it was filed by activist Kathleen Chippi. But while he acknowledges that the two suits essentially seek the same outcome, he says they don't overlap.

And he also wants to make it clear he isn't attacking Colorado's constitutional amendment allowing medical marijuana, passed by voters in 2000 -- just the new laws put in place by the Colorado Legislature with the passing of HB 1284 last year.

"It's more exploratory than anything else," he says of his attempt to get the federal court to hear the case. "I mainly want an answer. I want to see what the reply and theory and thinking is on it. I pretty much combined all of [Chippi's] arguments into this as well. I'm not going to fuck shit up for everyone else -- I promise."

Click over to the next page for text of Baker's challenge.


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Oldsmoothiebot59
Oldsmoothiebot59

well, my first question, was are you endangering the laws that are in place.  that is a high concern and must be avoided at all costs. no one wants to go backwards here. for a remedy, if u prevailed, i was thinking that you ask for amendments to any law now in place, than to have it quashed and completely rewritten.  do you really want a rewrite in the hands of the politicians? rather than that, i would personally file a brief myself.  just my two cents.  thanks for your efforts, i know the law and briefs therein are complex, and so easy to overlook issues or present them improperly, so, taking the year you did, i trust your fully informed and know the outcomes ramifications.  peace

shackhouser
shackhouser

Colorado is going to be the MODEL for legalization in 2012. The whole nation is looking at our regulations as primers for their own state. California just didn't do it quick enough. The feds are extremely nervous right now with more public support for legalization and states like ours going completely rogue on their a*s.....That's why they announced the crackdown in Cali. Fortunately, by the time they get here. all will be well with the universe.....

Mark Montgomery
Mark Montgomery

Congrats to Rev. Baker for taking this task on, when all of our famous pot attorneys let us down. Colorado's mmj attorneys are just standing by waiting for the Feds to come so they can get more $$$. Or maybe the pot attorneys are hiding? I would hide if I had advised my clients to sign their Constitutional right to be a caregiver away  and advised them to sign their power of attorney over to the DOR-MMED pot clowns in violation of their 5th Amendment rights against self-incrimination. How do you spell M-A-L-P-R-A-C-T-I-C-E?

Shockerkatz
Shockerkatz

Aren't all these new regs by the state part of the reason the feds haven't targeted CO yet?  California is way more loose on the laws than here. 

Rev. B Baker
Rev. B Baker

NO WAKE UP PEOPLE THE FEDS TARGET EVERYONE THEY ARE JUST LETTING THE STATE COLLECT THE EVIDENCE FOR THEM!ALL WE NEED IS THE AG TO PETITION THE FEDS AS COLORADO OBVIOUSLY HAS ACCEPTED MEDICAL USE IN THE USA.

PS the state is full of DEA and DOJ officials ALREADY tracking and surveiling and have thousands of hours of recorded information and are going through the MMED records as we speak! THE only EXEMPTION to the feds are private and personal patients/caregivers, read all six federal memos attached to my suit!

PS william b this is still not the current suit, i have a final amended suit i had to to to respond to the judges order yesterday.

Mark Montgomery
Mark Montgomery

Not true. More of the mis-information spread by the MMIG and other DEA schills. Senate Bill 420, passed in California in 2003, set up a regulated non-profit system for dispensaries to provide medicine.http://en.wikipedia.org/wiki/C...

Cali. has just as much regulation as we've got.

If the feds are staying out of Colorado, it is because our law is in the Constitution. But since the MMC- APPLICANTS neither have a state license nor any constitutional protection (since you can't be a caregiver if you are an MMC- APPLICANT), they have no legal protection at all for what they are doing now.

Anyway, the word on the street for the past 1.5 years is that the DEA are here and actively visiting dispensaries. Add the 4000 + criminal background checks the state is currently supposedly working on for the MMC-Applicants, and you have the biggest criminal investigation in Colorado history. Feds won't move until the investigation is done, and since all these MMC-APPLICANTS signed their power of attorney over to the DOR-MMED pot clowns, the investigation may take a while longer. There's lots to investigate when you have someone's power of attorney.

Shockerkatz
Shockerkatz

I'm probably just niave.  But some people sound a little paranoid.  No way the Feds prosecute 125,000+ med mj users.  More than likely they would issue a warning and anyone that bought after that could face prosecution.  Maybe im just optomistic.  But so far I'm thankful CO hasnt been a target yet. Lets get Ron Paul in office asap.  He's pro pot.

Also does anyone know what the effect of the "treat mj like alcohol" vote could have on mj?  Im guessing it wouldnt make much of a difference because it is still federally illegal.

ZZardozz
ZZardozz

The feds will declare the law illegal, because none of it is allowed by federal law.  But they will say the same about medicinal cannabis itself being available, as well.  

Rev. B Baker
Rev. B Baker

the federal court doesnt make this decision the csa is controlled by the AG and the DEA, all it takes is one petition from the ag acknowledging cannabis has medicinal acceptance and THIS WHOLE FIASCO IS BEHIND US ALL!

Rev. B Baker
Rev. B Baker

_________________________________________________________________AMENDED COMPLAINT__________________________________________________________________

Rev. B Baker
Rev. B Baker

 Im not shutting down state regulations, IM removing them Temporarily  and im using the fact they were illegally implemented and enforced to force John Suthers to reschedule federally and set the illegal state regulations as the standard federal regs for everystate once rescheduled and dont violate the fifth amendment . PS there is no line of defense from the feds until federally legal (except for the federal exemption for personal and preivate patients/caregivers).the complaint people are referring two has been amended twice PLEASE CONTACT ME FOR THE MOST CURRENT COMPLAINT!

William Breathes
William Breathes

Rev,

the complaint text I copied into this story was the text you linked me to via Facebook after our conversation (https://www.facebook.com/notes...

is that not the correct language?

Rev. B Baker
Rev. B Baker

it wasnt when you went off it, it has been amended twice since we talked, the link is linked to the current version though now as of 330pm today

High Country Caregiver
High Country Caregiver

This weeks Federal target is newspapers and advertising of medical marijuana:

http://californiawatch.org/dai...

They also go into specifics of which dispensaries will be targeted, like those selling 200 kg or more annually, interesting how they use Kilos not pounds..... just to keep us confused.

Matt in Boulder
Matt in Boulder

Nice link HCG.  I guess the Feds are on a full-court press right about now.  So much for the 10th Amendment...

me
me

HA! A farmer, a father, an activist, a religious leader... you forgot fraud, liar, free loader, and hypocrite.

Rev. B Baker
Rev. B Baker

greenfaith and i have given out over 60k in free meds and services since dec of 2009 with only about 15k in total donations in. i personally have assumed over 10k in debt just from utilities and transportation. so i ask you, who is the fake, fraud and liar? probably the one who hides behind fake pictures and names while they attack good people with evil personally. thank god for ip addresses so we know who the snakes are in the shadows whether on here or facebook right?Peace and praise with blessings of health, happiness & the highest vibration to all through greenfaith!Sincerely,

rev. brandon baker C/O faith MinistryPO Box 024Nunn, CO 80648-0024rev.420@greenfaithministry.comCELL# 3072212180

a SOLE PROPRIETORSHIP, NON-PROFIT CHURCH/CHARITY in conjunction with: Okleveuha Native American Church & Universal Life Church #62513[Licensed/Registered by; IRS #s (80-051**** & 84-140****), CO/WY Health Dpt, Co Dpt Revenue #s (4283316, 070430763), & CO State Charity # (20093014664)]

Rev. B Baker
Rev. B Baker

hey me, cant ya put a name to the slander, Ini guarentee i am not a liar, hypocrite or free loader as we are 100% self sustainable and supported solely by me so Bring it on!

me
me

Oh. We have already gone toe to toe Rev. You are the one that taught me to hide.

Vincent Von Dudler
Vincent Von Dudler

This two part plan is the only action the citizens of the US need to take to end federal marijuana prohibition:1) EVERYONE that sees these links sign up at both sites and weigh in on the debate- http://pvox.co/CdiFqY- http://wh.gov/gDQ2) Propagate those two links and ensure that everyone that sees them go to both those sites.

Too many people are blaming the President for enforcing the federal marijuana prohibitio­n. Contact Congress (the LEGISLATIVE branch [that's the important one when it comes to law]) via the first link. Contact Obama (the EXECUTIVE branch [until Obama vetos a passed H.R. 2306 it's on Congress - but tell Obama anyway]) via the second link. It really is THAT easy. Participate in democracy!

High Country Caregiver
High Country Caregiver

Yes! Get rid of 1284.... Down with the dispensary system and the narcs who support it!

Rev. B Baker
Rev. B Baker

 anyone can use the exact same argument as the original complaint to throw out any of the mmj laws they want UNTIL there is federal legalization for at least mmj

Kathleen Chippi
Kathleen Chippi

"But while he acknowledges that the two suits essentially seek the same outcome, he says they don't overlap" 

The suits do not seek the same outcome.  Rev, you chose a federal challenge and the PCRLP/CPS lawsuit seeks clarity on the Colorado Constitution. 

"he explains. "I'm not challenging marijuana, I'm challenging the Fifth Amendment. I'm going to have them toss the dispensary laws and have them rewrite them all with privacy for the patients.""

I still not clear on how the feds would be the ones to challenge when it's a state statute and I'm really not understanding why the feds would be rewriting state statute, especially state statute that the feds argue is illegal.  The feds don't even let people use mmj as a defense if they are busted. 

Rev. B Baker
Rev. B Baker

Im not challenging the feds, im challenging the state in federal court (a neutral playing field) via a type of diversity jurisdiction as the feds can only make the state do something as throughout the years i have learned very easily we as citizens in this state cant make this state do a damn thing, BUT the feds can!

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