Federal vs. State Powers - Marijuana

Damon Mollenkopf
18 Oct 201504:06

Summary

TLDRIn Northern California, the Emerald Triangle is a battleground for state and federal power over medical marijuana. Despite being legal under California law, growers and dispensaries like Harborside Health Center risk federal prosecution. The center, a model for professional cannabis distribution, serves patients with serious conditions but operates under the threat of federal law, creating a dichotomy of legality and criminality.

Takeaways

  • 🌿 The video is set in Northern California, highlighting the conflict between state and federal laws regarding cannabis.
  • 🏭 The 'Family Farm' grows cannabis, which is legal under California state law but illegal under federal law.
  • 🌱 The Emerald Triangle is a region known for cannabis cultivation, where growers follow state laws but risk federal prosecution.
  • 💊 The Harborside Health Center in Oakland is a dispensary where medical marijuana is legally obtained for various serious conditions.
  • 🔬 The center is presented as a model for professional distribution of cannabis, with a focus on scientific and quality control.
  • 📊 There is a wide variety of cannabis strains, each laboratory-tested for potency and quality.
  • 🛒 The dispensary operates like a professional retail business, with a focus on legitimacy and customer service.
  • 🚨 Despite being a legal and tax-paying business in California, the Harborside Health Center operates illegally under federal law.
  • 🤑 The center's co-founder expresses fear of federal prosecution, despite being a respected citizen and significant taxpayer in Oakland.
  • 🏛️ The script raises questions about the founding fathers' intentions regarding state and federal power dynamics.

Q & A

  • What is the main issue discussed in the video script?

    -The main issue discussed is the conflict between state and federal laws regarding the cultivation and distribution of medical marijuana in Northern California, specifically within the Emerald Triangle.

  • Why is the Family Farm considered a constitutional battleground?

    -The Family Farm is considered a constitutional battleground because it operates legally under California state law, allowing the cultivation of medical marijuana, but this activity is considered a federal crime under U.S. federal law.

  • What is the Emerald Triangle and why is it significant?

    -The Emerald Triangle is a region in Northern California known for its marijuana production. It's significant because it's a place where marijuana is legally grown under state law, yet remains illegal under federal law, highlighting the conflict between state and federal regulations.

  • What diseases or conditions are people typically prescribed medical marijuana for in California?

    -In California, medical marijuana can be prescribed for serious diseases such as cancer, HIV, multiple sclerosis, and cerebral palsy, as well as for chronic, less acute conditions.

  • What is the Harborside Health Center and what role does it play?

    -The Harborside Health Center is a dispensary in Oakland, California, where hundreds of people legally obtain their medical marijuana. It serves as a model for professional distribution of cannabis.

  • How does Steve D'Angelo describe the Harborside Health Center's approach to dispensing medical marijuana?

    -Steve D'Angelo describes the Harborside Health Center's approach as creating a 'sleek scientific apothecary', emphasizing professionalism and legitimacy in the dispensing of medical marijuana.

  • What does Steve D'Angelo mean when he says he spends his life 'terrified'?

    -Steve D'Angelo is 'terrified' because, despite operating legally under California state law, he could be arrested and face severe penalties under federal law for distributing medical marijuana.

  • What is the irony in Steve D'Angelo's status as a citizen under California law versus federal law?

    -The irony is that while Steve D'Angelo is considered a respected citizen and a top taxpayer in Oakland under California law, he is considered a criminal deserving of severe punishment, including the death penalty, under federal law for the same activities.

  • What is the potential federal penalty for distributing cannabis as mentioned in the script?

    -The script mentions that for every 60,000 cannabis plants possessed or distributed, one can receive the death penalty under federal law.

  • How does the script describe the situation of state power versus federal power in California regarding medical marijuana?

    -The script describes a 'classic issue of state power versus Federal power' where California allows medical marijuana, making respected citizens of those involved, while the federal government classifies the same actions as criminal, deserving severe punishment.

  • What does the script imply about the intentions of the founding fathers regarding state and federal power dynamics?

    -The script implies that the current conflict between state and federal laws on medical marijuana was not what the founding fathers had in mind when they created the U.S. system of government.

Outlines

00:00

🌿 Cannabis Legality Conflict

The script describes a constitutional struggle in Northern California, where a family farm grows cannabis legally under state law but is considered a crime under federal law. The farm is situated in the Emerald Triangle, a region known for cannabis cultivation. Despite following California's state laws, the farm's owners live in fear of federal authorities that could shut them down at any time. The script also mentions the Harborside Health Center in Oakland, California, where medical marijuana is legally dispensed to patients suffering from serious conditions like cancer, HIV, and multiple sclerosis. Steve D'Angelo, the co-founder and executive director, emphasizes the professional and scientific approach to cannabis distribution, with a wide variety of strains tested for potency and quality. However, he also acknowledges the contradiction of being a respected citizen and top taxpayer in California while being labeled a criminal under federal law, potentially facing severe penalties for his activities.

Mindmap

Keywords

💡Federal Law

Federal law in the United States refers to laws enacted by the national government, which apply to the entire country. In the video, federal law classifies cannabis as illegal, making the activities at the cannabis farms and dispensaries criminal despite their legality under state law. This conflict highlights the tension between state and federal authority.

💡State Law

State law refers to laws passed by individual U.S. states that govern activities within their borders. In California, state law permits the legal cultivation and distribution of medical marijuana. The video contrasts this with federal law, which still considers these activities illegal, showing the complex relationship between different levels of government.

💡Cannabis

Cannabis, also known as marijuana, is a plant used for both medicinal and recreational purposes. In the video, it is cultivated in Northern California under state laws that permit its use for medical purposes. However, under federal law, cannabis is classified as a Schedule I drug, which makes its cultivation and sale a serious crime.

💡Emerald Triangle

The Emerald Triangle is a region in Northern California famous for cannabis cultivation. The video situates part of the narrative here, where marijuana farming is legal under state law but illegal under federal law. The region's significance lies in its role as a center for the U.S. cannabis industry, bringing into focus the legal conflicts highlighted.

💡Medical Marijuana

Medical marijuana refers to the use of cannabis to treat various medical conditions. In the video, the Harborside Health Center legally dispenses cannabis to patients with conditions like cancer and multiple sclerosis under California law. This use of cannabis for health purposes is a major theme of the video, contrasting with federal drug laws that make no distinction between medical and recreational use.

💡Harborside Health Center

Harborside Health Center is a medical marijuana dispensary in Oakland, California. The center is featured in the video as an example of a professionally run facility that provides cannabis to patients under state law. It represents the legitimate side of the medical marijuana industry, while also being a potential target for federal law enforcement.

💡Conflict of Laws

Conflict of laws refers to the situation where two legal systems, such as federal and state law, impose contradictory rules. The video focuses on the conflict between California's state law, which permits medical marijuana, and federal law, which criminalizes it. This legal clash is central to the video's examination of the U.S. constitutional balance of power.

💡Constitutional Battleground

The term 'constitutional battleground' refers to the legal and political conflicts that arise when state and federal authorities clash. In the video, Northern California becomes a battleground where the rights of states to legalize medical marijuana conflict with the federal government's prohibition. This term emphasizes the broader constitutional implications of the situation.

💡Death Penalty

The death penalty is a legal punishment for certain crimes in the United States, including large-scale drug trafficking under federal law. In the video, Steve D'Angelo, the co-founder of Harborside, mentions that under federal law, distributing large quantities of cannabis could result in the death penalty. This extreme punishment highlights the severity of federal drug laws, contrasting sharply with state-level legality.

💡Founding Fathers

The Founding Fathers were the architects of the U.S. Constitution, which established the federal system of government. The video raises the question of whether the conflict between state and federal powers over issues like cannabis legalization is what the Founding Fathers intended when they designed the U.S. government structure. This reference underscores the ongoing debate about states' rights versus federal authority.

Highlights

Northern California is a constitutional battleground where state and federal power clash over cannabis legality.

Family farms grow cannabis legally under California state law but face federal prosecution.

The Emerald Triangle in Northern California is a hub for legal medical marijuana.

Harborside Health Center in Oakland is a model for professional cannabis distribution.

Medical marijuana is prescribed for serious conditions like cancer, HIV, and multiple sclerosis.

Cannabis varietals are laboratory tested for quality control.

Harborside Health Center aims to demonstrate how cannabis can be professionally distributed.

The federal government considers Harborside's operations a crime, despite state legality.

Owners live in fear of federal authorities arresting them and seizing their business.

State power versus federal power creates a complex legal landscape for cannabis businesses.

Harborside pays significant taxes, making it a substantial economic contributor in Oakland.

Despite being a respected citizen under California law, the owner is considered a criminal under U.S. federal law.

The potential death penalty for cannabis distribution highlights the severity of federal laws.

The conflict between state and federal laws on cannabis creates uncertainty and fear for business owners.

The founding fathers' vision of state and federal cooperation is challenged by the cannabis debate.

Transcripts

play00:00

my quest begins in Northern California

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it doesn't look like one but this place

play00:05

is a constitutional Battleground where

play00:08

the delicate balance between state and

play00:10

federal power is going up in

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[Music]

play00:20

smoke the Family Farm what could be more

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American that's what the founders had in

play00:26

mind and this is a great one you have a

play00:28

couple over here been growing their crop

play00:29

for a long long time bring it to market

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the problem is this is cannabis it's

play00:34

medical marijuana now here we are in

play00:36

Northern California in the Emerald

play00:38

Triangle and this is perfectly legal

play00:41

here the owners have been very

play00:42

scrupulous about following California

play00:43

state law makes it cool however under

play00:46

federal law this is a terrible crime at

play00:49

any minute really Federal authorities

play00:50

could appear here and arrest everybody

play00:53

seize all this and send them all to

play00:55

prism 225 years ago we approved and

play00:58

created a document that created this

play01:00

system States federal government

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sometimes they work together sometimes

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they're in Conflict this is the conflict

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is it legal is it illegal is it both at

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the same

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[Music]

play01:16

time the marijuana they grow in that

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bucolic little farm ends up in a place

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like this is that going to be all

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today it's the Harborside Health Center

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in Oakland California and every day

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hundreds of people come here to legally

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get their

play01:33

medicine this is the dispensing area

play01:35

here Steve D'Angelo Harbor side's

play01:37

co-founder and executive director has

play01:39

created a Sleek scientific Apothecary

play01:42

what are the typical things that people

play01:44

would go to a doctor for to get cannabis

play01:46

prescribed in California it ranges

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anywhere from uh cancer HIV multiple

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sclerosis cerebal palsy really serious

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diseases like that um to U more ongoing

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diseases that may not be so acute but

play01:59

are chronic

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I created Harbor site Health Center to

play02:02

serve as a model to demonstrate how

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cannabis could be professionally

play02:07

distributed this is where our

play02:09

concentrates are stored in alphabetical

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order starting with Afghani bull rider

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bubble we have thousands of varietals of

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cannabis and each varietal is laboratory

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tested 16.74%

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THC they going to smell some zesty

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fruity kind of mango things going on

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there you sell like a Guy this is all

play02:31

very professional in retail I mean if

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you were selling toothpaste you'd be

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lucky to be doing it this well

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absolutely you know I want the harbor

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side brand to scream legitimacy sorry

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I'm standing here with a tray full of

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marijuana plants that's never happened

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before it may never happen

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again this is great this is beautiful we

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obviously have an amazing system for

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Distributing medical marijuana

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everything you just showed me is in

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violation of federal law that's true

play02:55

isn't that a problem yeah it's a huge

play02:57

problem I you know I I spend my life uh

play03:00

terrified basically I don't know when I

play03:02

come to work in the morning whether I'm

play03:04

going home at night or whether

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somebody's going to take me out of here

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and handcuffs it seems like you've got a

play03:09

classic issue of state power versus

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Federal power going on here because you

play03:15

exist in different spheres depending on

play03:17

whether you're a Californian or an

play03:18

American well it's really crazy as a

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Californian I'm considered a respected

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citizen Harbor Side paid over $3 million

play03:25

in taxes last year we are one of the top

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10 taxpayers in the city of Oakland and

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the number two retail taxpayer in this

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city so yeah you're an economic

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empowerment Zone yeah um but under the

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laws of the United States I'm a criminal

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deserving of the death penalty I really

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death penalty why death penalty for

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every 60,000 cannabis plants that you

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possess or distribute you can receive

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the death penalty I've distributed well

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over a million of

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them it seems crazy how can the state of

play03:56

California and the federal government be

play03:58

so at odds

play04:00

is this what the founding fathers had in

play04:04

mind

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Related Tags
Medical MarijuanaLegal BattleState vs. FederalCannabis FarmingEmerald TriangleHarborside HealthCalifornia TaxesDispensaryCannabis StrainsLegal Conflict