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Fire Sheriff Mark Tracy for Failing to Protect Patients

Sheriff Mark Tracy violated the state Constitution and the public trust by colluding with the DEA in their kidnapping of Valorie and Mike Corral. Are we going to let him and them get away with it?
CONSTITUTIONALLY SPEAKING
Medical Marijuana, a Constitutional Right
by Richard Quigley 9-27-02 (off the KSCO website)

It is primarily ignorance that allows people to live as slaves. Not just the ignorance of the slaves themselves, but
often of the masters.

I have heard a lot of discussion in the community about how people feel about the raid on the medical marijuana farm near Davenport, most of which is based on an incomplete understanding of just how outraged they should actually be . . . especially about the failures of Mark Tracy, our elected Sheriff.

If the Feds have a problem with Californians growing pot or our ailing and dying, there is a lawful device by which to address it. For one thing, they can follow the model set down some 80 years ago when the exact same problem existed with alcohol - when the Federal government's desires to save the People of all the states from that demon alcohol, resulted in Prohibition. If the Federal government wants to trump our state law, they need to add an amendment to the U.S. Constitution prohibiting any use of marijuana whatsoever (like that could really happen). That would be consistent with both constitutions.

What is NOT consistent with the constitutions is having the constitutionally protected right of the Citizens of
California to grow medical marijuana, nullified by an abuse of power by a Federal agency in conjunction with the refusal of Sheriff Tracy to do his job.

Federal statutory law does NOT just automatically "trump" our State Constitution (as reported by some news services), except and unless the public servants we are relying on to protect our State Constitution, allow it.

However, as is true with a People (collective) as with a single individual, constitutionally protected rights are only available to those willing to insist on them -- either directly, or through their elected officials.

It is a mistaken belief to think that the Law will assert itself. It just doesn't happen that way.

Mark Tracy's oath is to support and defend the Constitution of California, which on September 6th, required him to do something other than rescue the DEA. In fact, Tracy had no power to do anything other than arrest them.

California law was amended with the passage of Proposition 215 to provide the constitutionally protected right of
Californians to grow marijuana for medical purposes.

Article 3, section 3, of the California Constitution says, "An administrative agency (the County Sheriff),
including an administrative agency created by the Constitution or an initiative statute, has no power . . . to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations."

That means, absent an appellate court ruling stating that the statute providing for the right to grow medical
marijuana was prohibited by federal law, Sheriff Tracy allowed the DEA to ignore the will of the People in a
manner which he simply did not have the power to exercise.

We will have paid Mark Tracy the better part of a million dollars for the last eight years of service, only to
have him cower in the face of being required to stand up for our constitutionally protected rights. The first time
we need him to fight in defense of our rights, he acts as if he's powerless to do anything other than yield to some
rogue agency's "authority." That's just plain b-s.

When the raid on the medical marijuana farm started, a call went out to the citizens to come to the aid of Michael
and Valeri Corral. The citizens responded by surrounding the DEA and refusing to allow them to leave. That act, although not declared so by those involved at the time, was nonetheless a citizens' arrest. Those valiant people had the courage to stand firm in defense of the constitutionally protected rights of the Corrals against a
heavily armed DEA.

When Tracy sent his officers to the scene, it should have been for the purpose of furthering the citizens' arrest -
taking into custody the DEA agents responsible for violating the constitutionally protected rights of the
farmers, not to mention their violating at least a dozen or more felony statutes ranging from trespassing, false
arrest, kidnapping & grand larceny, all the way through & to impersonating peace officers. But that's not what
happened.

What Tracy did instead, it is reported, was send some deputies to control the crowd and allow the DEA to
escape the scene of the crime, with much of the evidence of their crime in tow. That's not only real poor police
work, but contrary to the very purpose of his elected position. If he did not want to act like a sheriff when we need him the most, why did Tracy seek the job . . . or take the money?

As a practical matter, nothing got settled by allowing the DEA to escape. Justice delayed is justice denied. The issue of whether or not the Federal government has the right to ignore our State law has been put off for some later time. In the meantime, the DEA has established its "turf" without question, to the detriment of all Californians, in particular those of us who live in Santa Cruz County.

If the DEA agents had been taken into custody, the issue of just who it was that committed a crime on September 6th, would at least be in front of the courts virtually immediately.

I would expect that in a totalitarian police state, the will of the People would take second seat to the will of the
government. But in a Free Republic - where the Law is regarded above the political opinions of a few demagogues
in Washington - the will of the people of a given state reins supreme, IF those charged with enforcing the Law,
which includes in particular protecting the Constitution, do their jobs.

There are times and places in history where how events are treated, makes all the difference. This is one of them.
If the people of Santa Cruz County allow this failure by the Sheriff's Department to establish the DEA's power
over that of the California Constitution, there will be Hell to pay in the future.

For whatever people think of the "conspiracy theorists," the destruction of the medical marijuana farm in
Davenport on September 6th, 2002, without any restraint, sets a dangerous precedent and most certainly
justifies concerns about such things as land grabs by the Feds in conjunction with "Agenda 21."

I think it is as important for people to at least understand their rights relative to the government, as it is to act on them. Once a man is informed of his status as a slave in the eyes of the government, and he accepts it; he is beyond judgment -- but nonetheless worth identifying, if for no other reason than to spare us the waste of
our concern for him.

For the rest of us, there is a process by which we can act to preserve our constitution and the rights protected
therein. We, the People, have the right to recall any elected public official who fails to perform as promised.

We have the collective right to fire them and elect someone who will honor their Oath . . . if we're prepared to own
up to our own responsibility.

What are YOU prepared to do?
 
 


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