independentsforkerry.org

Denver District Judge Brian Whitney today ruled against Colorado Secretary of State Scott Gessler, saying Denver County may send ballots to inactive voters. Gessler had asked for a preliminary injunction to stop the mailing.

The ruling affects more than 50,000 voters in Denver. Voters are deemed inactive if they did not vote in the 2010 election or any elections since then.

Gessler had sued Denver to prevent Denver from mailing ballots to inactive voters. Pueblo County later joined the suit as a defendant, as did numerous progressive and voter rights organizations.

Pueblo County clerk Gilbert Ortiz announced today that he, too, would send ballots to soldiers serving overseas and to other inactive voters.

Maps show that in Denver inactive voters tend to be most prevalent in areas with heavy Hispanic concentrations. In recent years, inactive voters in Colorado have tended to be Democrats more than Republicans, perhaps indicative of people who turned out to vote for Obama in 2008, but then did not vote in the 2010 election.

Gessler has garnered statewide and national press as a result of the lawsuit, and the issue is not resolved by today’s ruling, as the full suit will be heard later.

The Colorado Independent

Angering prohibitionists, a judge in Montana has upheld some parts of the state’s restrictive new medical marijuana laws and thrown other parts to the wind.

Judge James Reynolds decision tosses out rules that would have prevented caregivers from charging patients for the marijuana they grow. It also removes a ban on advertising and removes limitations on how many patients any individual caregiver can provide marijuana to.

He also struck a provision calling for the review of the work of any doctor recommending marijuana to more than 25 patients in a year.

Opponents of the state’s new more restrictive laws say they are pleased with the decision but that it doesn’t go far enough and they are pushing ahead with gathering signatures to put the issue before voters again, noting that more than 60 percent of voters originally approved the state’s legalization of medical marijuana.

Supporters of the new law, especially Republicans serving in the Legislature, said they are unhappy with the ruling, noting that it is the Legislature’s job to pass laws and should not be up to the judiciary to overturn those laws.

From Reuters:

In a preliminary injunction issued on Thursday, state District Judge James Reynolds in Helena ruled those limits would effectively deny access to pot for many patients entitled to use it under the state’s 7-year-old medical marijuana statute.

Reynolds said in his 15-page ruling that he was refraining from making a judgment about whether marijuana has medical benefits, noting that issue already had been decided by Montana voters and the state Legislature.

Instead, he said provisions of the law passed earlier this year to overhaul the original voter-approved 2004 ballot measure legalizing pot for medicinal purposes went too far.

Reynolds specifically blocked provisions outlawing any profits in the supply of medical marijuana, including a ban on growers charging customers to recoup the cost of cultivation and a ban on advertising and promotion of medicinal pot.

He also barred enforcement of sections of the new law limiting cultivation to no more than three patients per supplier.

“The court is unaware of and has not been shown where any person in any other licensed and lawful industry in Montana — be he a barber, an accountant, a lawyer or a doctor — who, providing a legal product or service, is denied the right to charge for that service or is limited in the number of people he or she can serve,” Reynolds wrote.

He added that such restrictions “will certainly limit the number of willing providers and will thereby deny the access of Montanans otherwise eligible for medical marijuana to this legal product and thereby deny these persons this fundamental right of seeking their health in a lawful manner.”

The judge’s decision can be found here.

While Reynolds struck only four out of more than 30 sections in the state’s new law, they were among the more important sections and the tone of the ruling seemed far more sympathetic toward plaintiffs than toward the state.

The Colorado Independent

JUDGE GRAY FILES NEW INITIATIVE TO REGULATE MARIJUANA LIKE WINE WITH ATTORNEY GENERAL
Retired Superior Court judge wants marijuana strictly regulated and kept away from minors. Filed voter initiative Wednesday with Attorney General to regulate marijuana like wine.

Sacramento, Calif., May 18, 2011 — He was once a determined drug warrior, but now former Assistant US Attorney and Superior Court Judge James P. Gray believes the time has come to take marijuana out of the black market and regulate it instead. After years of witnessing the harm caused by outlawing marijuana, Judge Gray filed a voter initiative on Wednesday, May 18, with the California Attorney General’s office that will regulate marijuana like wine.

From a press conference held in front of the Attorney General’s office at 1300 I Street, Judge Gray stated, “Instead of my categorizing the initiative, I think it would be better for any people interested to review it themselves. It can be downloaded at www.RegulateMarijuanaLikeWine.com. When people review it, they will see that it allows anyone who is 21 years of age or older to raise up to 25 plants per year or possess up to 12 pounds of dried marijuana without being licensed, regulated or taxed, except for income or sales taxes, where applicable (which is basically the same as the home brewing provisions for wine and beer); it prohibits any government entities from taxing marijuana to a greater extent than they do wine; and it expressly does not change the provisions of Prop. 215 and its progeny, which would include, of course, the provisions for those under 21 years of age to be able to use their medicine as long as they are in compliance with those laws. It also expressly prohibits the public advertising of the sales or use of marijuana, except for medical marijuana under Prop. 215 and products made from hemp. And finally, it would not only prohibit the arrest or seizure of property, etc., of anyone 21 years of age or older who is in compliance with the initiative, it would also prohibit anyone employed by or under contract with the State of California from cooperating with federal agents in enforcing federal law.

In short, I think this is a good initiative that will repeal the failed policy of Marijuana Prohibition in California for adults, and basically be of benefit to California and everyone in it, except the Prison Guards’ Union. That is our intent, and I actually think we have been pretty successful in accomplishing it.”

“Our policy of marijuana prohibition has failed from every standpoint imaginable: unnecessary prison growth, increased taxes, increased crime and corruption here and abroad, loss of civil liberties, decreased health, and diversion of resources that are needed to address other problems in society,” Gray said.

Gray added that he is especially concerned about the disastrous effects of outlawing marijuana on families and kids, effects he has witnessed for himself as a judge and federal prosecutor. “Far from protecting our children, our present policy is actually recruiting them to a lifestyle of drug usage and drug selling,” charged Gray.

When challenged over the wisdom of allowing for sales to adults 21 and older, Gray has no doubts that it is time to regulate marijuana and take it out of the black market. “Many things in our society are dangerous, but making them illegal is not the answer. Does anyone really believe that making tobacco illegal would reduce the harm it causes? What about glue, gasoline, chain saws and high cholesterol foods? Further, if you think about it, we have at least some controls with regard to the sales and use of alcohol and tobacco, because they are regulated by the government. We have no controls at all with marijuana, because it is currently controlled by the mob,” Gray emphasized.

A copy of Judge Gray’s voter initiative and one minute video can be viewed at the Regulate Marijuana Like Wine website: http://www.regulatemarijuanalikewine.com

Sponsored by the Committee to Regulate Marijuana Like Wine 2012, campaign ID #1336887.

Photos: William McPike, Judge James P. Gray and Bishop Ron Allen look on as Steve Kubby signs off on an official request to the California Attorney General for a Title and Summary. The initiative, called the Regulate Marijuana Like Wine Act, would allow cannabis to be grown, sold, taxed and consumed like wine. Adults who grow 12 pounds or less would be exempt from any regulations or taxes. Photo by Jennina Chiavetta, May 18, 2012.

Independent Political Report

-crossposted from the Kane County Chronicle:

Kane Judge Eyes Circuit

Associate Judge Kevin Busch wants to continue to serve his community, announcing his candidacy for the 16th Judicial Circuit.

Busch, 50, was appointed as associate judge in July 2008 and has presided over traffic and drunken driving courts.

He now seeks an elected judicial position by running as a Republican in the February 2010 Primary Election. Busch is running for the circuit-wide race, prompted by a vacancy created by Judge Peter Grometer’s retirement.

“It’s always been a career goal,” Busch said. “I’ve realized now is the opportunity.”

Busch said his more than 20 years practicing law in every courtroom in the circuit, which includes Kane, Kendall and DeKalb counties, makes him well qualified for the position.

He said practicing law before “a lot of great judges” has shown him the qualities that make a great judge, including an even temperament, respect and knowledge of the law, and a commitment to public service.

“Judges are first and foremost public servants,” Busch said. “We need to appreciate – and I do – that we are here to serve the public.” (read full)

Kane County Republican News