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BREMERTON — It's said neither "snow nor rain nor heat nor gloom of night" will stop the mail, but the sight of legalized marijuana stores has apparently stalled one Bremerton letter carrier.
Operators of two recreational marijuana stores on Callow Avenue — Pacific Cannabis Co. and The Reef — say they've had trouble getting mail delivered to their shops in the past month, since a new U.S. Postal Service worker took over the route. They say the carrier frequently refuses to enter their stores and won't drop off mail unless an employee comes outside to collect it.
"This is a serious problem for my business," Hartwell wrote in a letter to Bremerton Postmaster Harry Kleinfelter "... I expect the carrier to enter my business to deliver mail and to pick up outgoing mail, the same as any other licensed business in the state ..."
I find it difficult to believe the feds would ever find reason to go after the postman! But maybe he's paranoid - some strains of pot will do that!I read this story, and I'm on the side of the post office worker, regardless of whatever state licneses this business possesses, those licenses carry the same weight as monopoly money under federal law, should a letter carrier be required to deliver mail to marijuana shops?
Some pot shops not getting mail delivered to stores
oh this gem is great
Still, federal law makes it illegal to distribute controlled substances, and this postman by knowingly facilitating this business that's openly operating in violation of the law could technically be guilty of engaging in a conspiracy to deliver controlled substances, it is not reasonable to expect him to risk prison time to deliver mail inside an operating criminal enterprise (and don't take that as a judgemental term, that is the term "criminal enterprise" used in federal law to describe organized distributors of illegal drugs)
what do you think?
In interest of disclosure, my hometown is the adjacent city of Port Orchard and I took some college in Bremerton and do a good deal of business in this town, This mj shop is in a fairly sketchy neighborhood too. there's a porn shop, payday lenders, a title pawn, three different 2 dollar wok joints, etc. just so you can picture this.
I find it difficult to believe the feds would ever find reason to go after the postman! But maybe he's paranoid - some strains of pot will do that!
What's a 'two dollar wok joint'?
I find it difficult to believe the feds would ever find reason to go after the postman! But maybe he's paranoid - some strains of pot will do that!
What's a 'two dollar wok joint'?
I read this story, and I'm on the side of the post office worker, regardless of whatever state licneses this business possesses, those licenses carry the same weight as monopoly money under federal law, should a letter carrier be required to deliver mail to marijuana shops?
Some pot shops not getting mail delivered to stores
oh this gem is great
Still, federal law makes it illegal to distribute controlled substances, and this postman by knowingly facilitating this business that's openly operating in violation of the law could technically be guilty of engaging in a conspiracy to deliver controlled substances, it is not reasonable to expect him to risk prison time to deliver mail inside an operating criminal enterprise (and don't take that as a judgemental term, that is the term "criminal enterprise" used in federal law to describe organized distributors of illegal drugs)
what do you think?
In interest of disclosure, my hometown is the adjacent city of Port Orchard and I took some college in Bremerton and do a good deal of business in this town, This mj shop is in a fairly sketchy neighborhood too. there's a porn shop, payday lenders, a title pawn, three different 2 dollar wok joints, etc. just so you can picture this.
I love Port Orchard. Lived there myself for a while when we were in the yards once.
Downtown Bremerton can be dismal. And I bet there will be some compromise made. Obviously he isn't opposed to actually delivering their mail, but he could be concerned for his own health, having to deliver to a place like that (maybe it smells).
I read this story, and I'm on the side of the post office worker, regardless of whatever state licneses this business possesses, those licenses carry the same weight as monopoly money under federal law, should a letter carrier be required to deliver mail to marijuana shops?
Some pot shops not getting mail delivered to stores
oh this gem is great
Still, federal law makes it illegal to distribute controlled substances, and this postman by knowingly facilitating this business that's openly operating in violation of the law could technically be guilty of engaging in a conspiracy to deliver controlled substances, it is not reasonable to expect him to risk prison time to deliver mail inside an operating criminal enterprise (and don't take that as a judgemental term, that is the term "criminal enterprise" used in federal law to describe organized distributors of illegal drugs)
what do you think?
In interest of disclosure, my hometown is the adjacent city of Port Orchard and I took some college in Bremerton and do a good deal of business in this town, This mj shop is in a fairly sketchy neighborhood too. there's a porn shop, payday lenders, a title pawn, three different 2 dollar wok joints, etc. just so you can picture this.
All those bolded don't bother the guy's conscience, I take it.
I smell a publicity grab, a la the county clerk in Kentucky or wherever and the gay marriage licenses. "Look at me!"
the difference is, the postman didn't go to the media, the pot shop did. he hasn't even been named.
AND the biggest difference is, the County Clerk in Kentucky was violating the law as ruled by the US Supreme Court just days before.
whereas, the Postman is refusing to deliver to a business that is defined under federal law as a continuing criminal enterprise, and the last Supreme Court ruling (Gonzales v Raich) held that state license to commit an act violating the controlled substances act is not a defense in federal court.
so kentucky clerk, broke the law, Bremerton postman, obeying the law. huge difference.
The postman would be breaking the law by delivering the mail? I don't see it. What could he be charged with?
All those bolded don't bother the guy's conscience, I take it.
None of these businesses are per se illegal. selling porn and short term loans secured by car titles are not illegal in this country, many such businesses operate illegally, but their business model is not in and of itself illegal (although I consider the payday lenders and title pawn lenders to be sleazy people taking advantage of the poor)
selling marijuana is always illegal, always in violation of federal law, no matter how otherwise legitimate you are. there is no emotion in this, I am not saying marijuana users or sellers are this or that judgmental thing, other then criminals, and that's not a moral judgement, it's a procedural one. you can be a criminal and a decent human being, but selling marijuana in the US means you are a criminal. this has nothing to do with conscience, only procedure.
I find it difficult to believe the feds would ever find reason to go after the postman! But maybe he's paranoid - some strains of pot will do that!
What's a 'two dollar wok joint'?
the difference is, the postman didn't go to the media, the pot shop did. he hasn't even been named.
AND the biggest difference is, the County Clerk in Kentucky was violating the law as ruled by the US Supreme Court just days before.
whereas, the Postman is refusing to deliver to a business that is defined under federal law as a continuing criminal enterprise, and the last Supreme Court ruling (Gonzales v Raich) held that state license to commit an act violating the controlled substances act is not a defense in federal court.
so kentucky clerk, broke the law, Bremerton postman, obeying the law. huge difference.
What ? Gonzales v Raich was about growing marijuana, not delivering mail to a dispensary. Raich sued because they had their plants destroyed, they didn't go to prison or something. I'm just baffled at the idea that this guy thinks he can slack off on his job because of some unjustified fear of imprisonment.
Sorry, but i don't see it. By all means, let the courts settle it, but i'm hoping that government workers can't force their arbitrary demands on business-owners by withholding service.
Not legal in federal terms, yes - you are correct.Nevertheless pot shops aren't legal in spite of states licensing and collecting taxes from them. The postman has a valid point.
Gonzales v Raich established state law does not have any bearing on a federal regulatory scheme.
The courts don't need to settle this, it is illegal to sell marijuana, period. No matter how you word smith it. So the postman is not imposing an arbitrary scheme.
Years ago a different postman refuses to deliver inside of Elmo's (a porn shop right down the street from this pot joint, he specifically said he wouldn't step inside for moral reasons, the post office told the business owner to get a box, he installed a letter box. Probablem solved.
So if that postman was accommodated, telling this criminal business to install a letter box is not unreasonable. Would you expect the postman to step inside a meth lab or a brothel?
I love Port Orchard. Lived there myself for a while when we were in the yards once.
Downtown Bremerton can be dismal. And I bet there will be some compromise made. Obviously he isn't opposed to actually delivering their mail, but he could be concerned for his own health, having to deliver to a place like that (maybe it smells).
If the postman decides to request the owner to change the way mail is delivered, the postman should continue to deliver the mail in the meantime. They shouldn't be arbitrarily imposing rules unless there are laws to guide the selection process.
Fact is, if a clerk has to issue gay marriage licenses, a mailman has to deliver mail. They are paid to do a job.
If the postman decides to request the owner to change the way mail is delivered, the postman should continue to deliver the mail in the meantime. They shouldn't be arbitrarily imposing rules unless there are laws to guide the selection process.
Fact is, if a clerk has to issue gay marriage licenses, a mailman has to deliver mail. They are paid to do a job.
the difference is, the postman didn't go to the media, the pot shop did. he hasn't even been named.
AND the biggest difference is, the County Clerk in Kentucky was violating the law as ruled by the US Supreme Court just days before.
whereas, the Postman is refusing to deliver to a business that is defined under federal law as a continuing criminal enterprise, and the last Supreme Court ruling (Gonzales v Raich) held that state license to commit an act violating the controlled substances act is not a defense in federal court.
so kentucky clerk, broke the law, Bremerton postman, obeying the law. huge difference.
All those bolded don't bother the guy's conscience, I take it.
I smell a publicity grab, a la the county clerk in Kentucky or wherever and the gay marriage licenses. "Look at me!"
He may not have any moral issue with it at all. It may be a concern for his health. Even if it is just moral, no one else gets to decide his morality, which means no one gets to say that he should consider any of those other places as being on the same moral level as the pot shop.
I believe the postman is a dick.
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