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FNC senior judicial analyst Judge Andrew Napolitano on Oakland, California’s, lawsuit against the Dept. of Justice for shutting down marijuana dispe...
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Of Oakland California suing at the federal government it says the feds are -- interfering.
With their right to -- marijuana dispensary.
And wise judge -- anabolic -- -- -- -- struggle that right I think the Fed is saying hey shut that thing down is that correct yes that the feds are saying that and this is a very very.
Bizarre area of the law.
Because President Obama stated publicly.
That he would not have his Justice Department interfere with the lawful to -- the dispensing of marijuana pursuant to state law in places where it is lawful.
So for example in Montclair New Jersey.
Not far from where you live not far from where -- -- the state of New Jersey.
Has authorized the establishment of a dispensary of medical marijuana and the federal government is not interfering -- it.
3000 miles away in Oakland California a similar similar dispensary is the target.
Of this losses -- Well thought well what do we don't know why the federal government which which outlaws or mar want -- to everyone under every circumstance notwithstanding what the states do.
Has decided to look the other way in the case of New Jersey.
But enforce the law aggressively and literally in the case of California -- don't think they don't have to give a reason why aren't they against the law and they weren't present your hands of people in California the Oakland people can't they go to federal -- I had with him -- You guys you Fed's you're discriminating.
You're not going after Montclair New Jersey going after us yen and so much more about the constitution and you're willing to admit I know you're just about to say.
But that argument would argue a violation of equal protection precisely how can they treat Montclair and Oakland right.
On equally how can they let Montclair survive and thrive.
But -- and put Oakland out of business the feds will -- have to explain that to a judge.
Because the equal protection cause as interpreted by that constitutional scholar Stuart Varney.
Require her.
-- that the -- -- government.
Treat similarly situated entities in a similar -- answer the question how can they get away with it -- -- do you think he get away with a depending upon what the federal judges in California will do now may have -- another power.
To demolish this Oakland facility.
The power of condemnation.
That's the same power that was affirmed by the Supreme Court in that infamous Kia locates the federal government and the state governments can take any real estate they want.
For any reason they want to suggest that you guys are bearing the lead for second why is it.
That California.
The most liberal state in the country is coming down harder in this marijuana facility.
This isn't -- -- California governed by -- conservatives it's not California that's coming down on Oakland California is the -- that are coming -- eligible credit get past cases Jericho where you have a chance of -- have a chance of coming down hard and in New Jersey the Fed does with the governor that is a Republican or coming down harder in California where the governor is a Democrat why are -- focusing on the democratic state.
Rather than -- Republican -- you know he's gonna win anyway not know the answer to this until they give a rational explanation and federal court after Election Day.
And and -- -- -- political going on -- or suspect correct unfortunately for people who need medical marijuana and and that the medical literature is serious and not dispute the -- That this helps -- ameliorate pain.
The feds can enforce federal law or not enforce federal law wherever they want.
Unless a federal judge tells -- I don't ask Barney I have seen that medical evidence disputed by the way so it's not a 100% but go ahead and don't have a bury the lead again yeah.
Pat pat pat I think still.
Embedded -- I don't necessarily.
Yeah yeah you -- have been looking at at.
