Raided medical marijuana providers sue federal government

[megayields]

This is NOT a 10th Amendment issue. The 10th Amendment applies only to powers not specifically granted to the federal government in the Constitution. It's already been established that the Commerce Clause gives the feds the right to "regulate" virtually anything anywhere any time, inter-state AND intra-state. See Wickard v. Filburn.

What they need to do in MT is establish the state medical market as being separate and distinct from the national/international black market. As long as the feds view all mj commerce as one big market, they can do whatever they want to shut down state mmj programs. Even if mmj commerce is totally within the state, it still affects the national market because it is part of the same market. If the state market is separate, totally contained within the state, and in no way is involved with the black market, then the Commerce Clause does not apply and it becomes a 10th Amendment issue.

I'm not a lawyer, but am available for legal advice if anybody in MT wants a clue.

OH SNAP

 

[dajosh42069]

God, I can't wait til a STATE ITSELF actually tries to go after the Federal Government, and when they fail, all the MMJ states together in a class action law suit in the supreme court. Until we FINALLY have the freedom to grow a plant that's been around longer then we.

It's just so mind boggling the lengths they'll go to, to prevent people from having such a simple item such as a cannabis plant...
Sometimes this fight feels so insurmountable...but...I prob feel that way since I just got outta jail for a small medical grow.

 

[Bobo Bolinsky]

There is movement at the national level, and from the Gov of Washington state to re-classify MMJ from schedule 1 to III. This would short circuit all this Federal bullshit. It would cut off the head of the snake.

 

[medicalgreen]

There is movement at the national level, and from the Gov of Washington state to re-classify MMJ from schedule 1 to III. This would short circuit all this Federal bullshit. It would cut off the head of the snake.

This sounds very promising. Can you lead us to more info about this?
Thanks.

 

[outinit]

it is a scary time we live in

 

[Bobo Bolinsky]

oops

 

[Bobo Bolinsky]

This sounds very promising. Can you lead us to more info about this?
Thanks.

Why, Sointetly!


Groups Sue Feds Over Marijuana Rescheduling Petition Delay

by Phillip Smith, May 23, 2011, 04:26pm, (Issue #685) Posted in:

A coalition of medical marijuana and drug reform groups filed suit in federal court in Washington, DC, Monday in a bid to force the government to act on a rescheduling petition that has languished at the DEA for nearly nine years. The lawsuit asks that the government respond to the petition within 60 days.

The DEA has had more than enough time to issue a ruling on a marijuana rescheduling petition.

The petition argues that marijuana has accepted medical use and should thus be removed from Schedule I of the Controlled Substances Act. Sixteen states and the District of Columbia currently allow for the medicinal use of marijuana, and an ever-increasing mountain of evidence has shown marijuana to be effective in treating a number of diseases and conditions.

The groups filing the lawsuit include the Coalition for Rescheduling Cannabis (CRC), Americans for Safe Access (ASA), Patients Out of Time, NORML, and California NORML. Also included are medical marijuana patients William Britt, Kathy Jordan, Michael Krawitz, and Rick Steeb.

"The federal government's strategy has been delay, delay, delay," said Joe Elford, chief counsel of ASA and lead counsel on the writ. "It is far past time for the government to answer our rescheduling petition, but unfortunately we've been forced to go to court in order to get resolution."

"Adhering to outdated public policy that ignores science has created a war zone for doctors and their patients who are seeking use cannabis therapeutics," said ASA director Steph Sherer.

"It is unacceptable for seriously ill Americans to wait a decade for their government to even respond to their petition for legal access to medicine to relieve their pain and suffering," said California NORML director Dale Gieringer. "The government's unreasonable delay seriously impugns its competence to oversee Americans' health care. The administration should act promptly to address its obsolete and bankrupt policy in accordance with President Obama's pledge to put science above politics."

"The Obama administration's refusal to act on this petition is an irresponsible stalling tactic," said Jon Gettman of the CRC.

This isn't the first time the DEA has failed to act on a marijuana rescheduling petition. NORML filed a petition in 1972. That time, it took the DEA 22 years to reject it, overruling its own administrative judge's finding that marijuana did have accepted medical use. Since then, the case for the medicinal use of marijuana has only grown stronger.

Forcing the DEA to act on the petition is a win-win for reformers. If the DEA concludes that marijuana does have medicinal value, it must be rescheduled. If the DEA concludes it does not, that finding can then be challenged in the federal courts.


Here's another story on it with the message from Gov. Gregoire. When a Governor starts purring the heat to these Nazis, even thdy have to start paying some attention. One would hope

Federal Court Asked to Compel Decision in Marijuana Scheduling Action



<cite class="vcard"> </cite> – <abbr title="2011-05-24T09:42:00-0700" class="timedate">Tue May 24, 12:42 pm ET</abbr>
WASHINGTON, May 24, 2011 –
DEA Has Failed to Issue Required Decision after 9 Years WASHINGTON, May 24, 2011 /PRNewswire-USNewswire/ -- A coalition of advocacy groups and patients yesterday filed suit in the U.S. Court of Appeals for the District of Columbia Circuit to compel the Obama Administration to formally respond to a 9-year-old petition to have marijuana rescheduled under the provisions of the Controlled Substances Act (CSA).
Relief sought from the Court of Appeals would enable states with medical marijuana laws to expedite efforts to change marijuana's status under federal law and narrow the widening gap between state and federal law. For example, Washington Governor Chris Gregoire has expressed interest in having all the states that allow medical marijuana to ask the federal government to reclassify the drug. If the Court of Appeals grants the relief requested by the CRC, Washington and other medical marijuana states would have the opportunity to seek rescheduling now in expedited proceedings, rather than wait years for a new rescheduling action to ripen.
The Coalition for Rescheduling Cannabis (CRC) argues that marijuana no longer satisfies the requirements of a Schedule I prohibited substance and that federal law requires that it be reclassified. President Obama's Administration has had ample time to review the Coalition's administrative petition but has refused to take final action, violating the requirements of the Administrative Procedures Act which requires action within a reasonable period of time.



One of the requirements for maintaining a drug in Schedule I of the CSA is that it must not have accepted medical use in the United States. Marijuana's medical use is now accepted by 16 states (Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington) as well as the District of Columbia.
According to Jon Gettman, coordinator of the CRC, "Marijuana has accepted medical use in the United States, it has a lower abuse potential than drugs like heroin, methamphetamine, and cocaine, and it is safe for use under medical supervision. All of these characteristics are well-documented scientifically and legally. Federal law requires the Obama Administration to reclassify marijuana."
"The federal government's strategy has been delay, delay, delay," said Joe Elford, Chief Counsel of ASA and lead counsel on the writ. "It is far past time for the government to answer our rescheduling petition, but unfortunately we've been forced to go to court in order to get resolution." The writ of mandamus filed accuses the government of unreasonable delay in violation of the Administrative Procedures Act.
A formal rejection of the CRC petition would enable the group to take the issue to the federal courts. Gettman believes that, "The Obama Administration's refusal to act on this petition is an irresponsible stalling tactic; it denies us due process under the law and, more shamefully, it continues to deny countless patients a chance to use current law to seek legal access to marijuana for medical use."
The CSA classifies marijuana and other drugs in various schedules. Marijuana is currently classified as a Schedule I substance, designating it as having a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision.
The CSA provides a procedure to have scheduling classifications changed in response to scientific research and other relevant factors, such as recognition of a drug's accepted medical use and its dependence liability as compared to other controlled substances. Schedule I substances include heroin, GHB and MDMA (ecstasy). Cocaine and oxycodone are both Schedule II substances, which allows for severely restricted medical use while maintaining the assertion that its abuse may lead to severe physiological and psychological dependence. Marinol^®a synthetic form of THC (marijuana) that is widely prescribed medically is a Schedule III substance designating that it has a currently accepted medical use in the United States and that's its abuse is associated with only a moderate dependence liability.
The members of the Coalition for Rescheduling Cannabis include the American Alliance for Medical Cannabis, Americans for Safe Access (ASA), California NORML, the Drug Policy Forum of Texas, High Times, Los Angeles Cannabis Resource Center (Cooperative), the National Organization for the Reform of Marijuana Laws (NORML), New Mexicans for Compassionate Use, Oakland Cannabis Buyers Cooperative, and Patients Out of Time.