Marijuana Re-scheduling Lawsuit Filed Against State of Iowa Yesterday
Yesterday, I had the humbling experience of serving someone for the first time. No, I didn’t serve dinner. I served a lawsuit.
The defendant: The State of Iowa.
The Board of Pharmacy hearings were initiated with a lawsuit. The Iowa Legislature has stalled long enough at the expense of sick Iowa Patients. Why is the Legislature failing to update the law?
If anyone has any questions, please contact the plaintiff at email@example.com. Here’s some interesting parts of the suit. The full text can be found at the end of this article.
“During the oral argument on the petition for judicial review held on March 27, 2009, the Board’s attorney told the Iowa District Court that Olsen’s question of law could only be addressed in an original action for declaratory judgment in Iowa District Court.“
“Olsen expected the Board to deny his petition because the question of law being presented to the Board was outside of the scope of authority granted to the Board under Iowa Code §124.201. Olsen addressed the question of law to the Board because Olsen wanted this court to see that he had given the Board the opportunity to address the question of law before bringing it before the judicial branch.”
“Olsen gave the Board the first opportunity to address a question of law. Olsen did now know for a certainty that a question of law could not be addressed even if it was outside the scope of the Board’s authority. After all, the Board is currently recommending the Iowa Legislature legalize the use of marijuana for medical purposes in Iowa and nothing in the scope of their authority authorizes them to make that recommendation.“
“What is “uniform” about the uniform act is that it gives a state agency the authority to classify controlled substances in a state, and gives every state the authority to decide scheduling independently of the federal government or any other state. In other words, it respects state sovereignty, or what is commonly referred to as “federalism.” See Gonzales v. Oregon, 546 U.S. 243 (2006); Oregon v. Ashcroft, 368 F.3d 1118 (9th Cir. 2004).“
“WHEREFORE, Olsen petitions this Court to declare that marijuana has accepted medical use in treatment in the United States as a matter of law based on 16 state statutes defining marijuana as medicine and that the classification of marijuana as a schedule I substance in Iowa is no longer valid based on statutory requirement that anything in Iowa schedule I have no currently accepted medical use in treatment in the United States.”
Full text of the petition for declaratory judgment is below. My affidavit and the notice of service can be downloaded here.
Written By Jason Karimi
To read more in detail about the lawsuit, click here
Marijuana Substitutes Threaten Mental Stability
Recent studies regarding marijuana substitutes such as “Spice” and “K2” are detrimental to a user's mental health. A study conducted by a Navy Doctor concluded that patients who used the synthetic alternative experienced results far worse than marijuana it self.
Patients admitted in to the Navy doctor reported serious anxiety, paranoia, and hallucinations. Some claimed to see ghosts and hear imaginary voices. Several deaths have been reported from use of K2, spice, and other like substances. In one case, a Teenager from Iowa committed suicide from the intense psychosis he experienced from using the synthetic drug.
Its about time the federal government realizes that until marijuana is legal, substitutes like these will continue to be produced. As long as there is a need, there is a supplier. Marijuana is a much safer than its synthetic alternatives, and is all natural. It's not produced in a lab, it just grows that way. Let Americans have access to what they need, not force them to research alternative medicines and put their mental health at risk.
Carl Olsen Files Motion to Intervene in Cannabis Coalitions Rescheduling Petition
Recently, Medical Marijuana advocates have filed suit over the delay of response to rescheduling petition. This would force the Obama Administration to respond to a petition to reclassify medical marijuana. The petition by the Coalition for Rescheduling Cannabis, which has been pending since 2002 and received a formal recommendation by the Department of Health and Human Services to the DEA in 2006, seeks to remove marijuana from Schedule I.
Yesterday, Carl Olsen of Iowans for Medical Marijuana told me he planned to intervene in the petition. Olsen, the Executive Director of Iowans for Medical Marijuana, told me he planned to intervene in resistance to the Coalition’s suit. I was surprised, to say the least.
Today, Olsen sent a copy of his motion to intervene to his email list. In the motion, he states:
OLSEN DISAGREES WITH THE PETITIONERS
All of the coalition members have either failed to seek state reclassification of marijuana under their own state’s Uniform Controlled Substances Act and/or file civil actions in state courts complaining of the failure of their own states to apply for federal rescheduling. Because of this failure on the part of the coalition members there is a difference of opinion between Olsen and the other coalition members which requires Olsen to withdraw and separate from the coalition members.
Olsen has successfully petitioned the Iowa Board of Pharmacy to remove marijuana from Schedule I. On February 17th, 2009, after the Board held a series of hearings, they recommended that the Iowa Legislature remove marijuana from Schedule I. Once the state of Iowa removes marijuana from Schedule I, argues Olsen, the state of Iowa will be obligated to petition the federal government to remove marijuana from Schedule I as a matter of law.
Olsen is resisting the Coalition for Rescheduling Cannabis’s petition for writ of mandamus and is asking for a declaratory ruling on the petition. Olsen argues “the current petition to reschedule cannabis is defective because no state government has joined it and to further give the states a certain time in which to join the petition to reschedule cannabis in order to cure the defect.”
It remains to be seen what becomes of this case.
Written By: Jason Karimi
To Read more by Jason and the entire text of the motion to intervene, click here.
Tobacco Kills 6 Million; Why is Marijuana the Criminal?
Yesterday was "World No Tobacco Day" sponsored by The World Health Organization. The WTO wanted to take a day to remind everyone of the harmful effects of tobacco. If tobacco is so harmful and kills so many people, why is it easier to obtain that an herb that has been shown to reduce the effects of cancer?
Below is a data chart demonstrating the dangers of popular drugs. the WTO should take a look at the facts and make April 20th, National 'Get Some Green' Day.
Minnesota BOP Defends Constitutionally Unsound Actions
I spoke with the Minnesota Board of Pharmacy’s Executive Director on the phone earlier this week. The corruption and incompetence is actually kind of amusing. In the end, the Board of Pharmacy has helped us! Opening your state up to a lawsuit so you don’t have to respond to a legal argument is so helpful. Thanks for showing your true colors.
The Board of Pharmacy’s rewrite of Minnesota Code 152.02 will likely end up being litigated in a courtroom in the near future. Before I explain, let me rehash what has happened thus far:
July 22, 2010: Board of Pharmacy responds to Mr. Hanna’s Petition. Board opines that they are not REQUIRED to review marijuana’s Schedule I status.
December 2010: Board drafts language to change the law, introduced as HF 1520, in December 2010.
Kurt Hanna introduced a new petition at the beginning of 2011.
May 2011: The language the board drafted in December, in order to avoid responding to Mr. Hanna’s legal argument, passes in HF 57 and SF 1166, and is signed into law by the Governor last Wednesday. The language changes Minnesota Statute 152.02 from:
“The state Board of Pharmacy, after consulting with the Advisory Council on Controlled Substances, shall annually, on or before May 1 of each year, conduct a review of the placement of controlled substances in the various schedules”
to now say:
“The Board of Pharmacy may not delete or reschedule a drug that is in Schedule I.” This change in the code has removed the state’s sole administrative remedy for marijuana’s improper Schedule I classification, removing a petitioner’s due process remedy to misclassification of a substance in the code, and thus opened the state up to a lawsuit. Good job, public servants!
So, with the recent change in law, Mr. Hanna’s petition cannot be responded to! Rather than follow the law, the Board acted swiftly to change it. They hijacked their state’s ability to retain state sovereignty on medical decisions, and sold out the citizens of Minnesota in the process. The next step, from what I understand, is court. I wonder if anyone is working on a lawsuit?
written by: Jason Karimi
To read more articles about the corruption in Minnesota, click here
The Regulate Marijuana Like Wine Act of 2012
Just had this email forwarded and wanted to share it. Will we see legal marijuana in 2012? I sure hope so.
Notice how this initiative will both reschedule cannabis, and have the state of California take on the federal government? Steve Kubby, one of the activists working on this initiative, was dead on when he states here that theRegulate Marijuana Like Wine Initiative is “easy to understand and lightyears beyond anything ever proposed before.”
Iowa’s work on rescheduling cannabis has always been about targeting the inaccurate Federal misclassification of marijuana as a Schedule I substance. Will California be the first state to exercise their rights and tell the Feds to recognize marijuana as medicine? Looks like this strategy, which Steve says “will be very effective in turning the tide in our favor,” is going to be talked about more these next couple of years.
In a future article, I’m going to break down the law, and explain why rescheduling marijuana in the CSA (Controlled Substances Act) is going to have to be led by the states. For now, here’s Steve Kubby’s email on updates to the 2012 legalization initiative out in California.
We’ve tightened up the text for our initiative. Although we still think the Harm Reduction Officer program is a great way to create federal immunity, feedback does not support including this section, so we have removed it. That brings RMLW2012 down to 1,456 words, below the 1,500 word limit we originally set for ourselves.
The new text to the RMLW2012 is simple, easy to understand and lightyears beyond anything ever proposed before. No other initiative has ever ordered a state to de-schedule cannabis or use the high offices of the state to demand federal rescheduling. These are new tactics that we believe will be very effective in turning the tide in our favor.
Our public campaign will also be unlike anything ever attempted before. That’s because a former judge and LAPD deputy police chief were involved in the crafting of the initiative and will be directly involved in presenting it to the voters. Our spokespersons will all be former drug warriors who have served on the front lines and know the truth about the war on cannabis.
Unlike any other initiative, we set clear limits on taxing and regulating cannabis. Those limits cannot be anymore strict than current taxes and regulations for wine. The Legislature still gets to write the rules, but we set the limits and that is unprecedented.
No other initiative orders state officials, police, workers and contractors to refuse to cooperate with the feds, but we do. We believe that without the cooperation of the state, federal enforcement will not be viable.
So far, all we’ve seen are initiatives allowing for one ounce to be legal. In contrast, our initiative creates a regulated industry, while exempting up to 25 plants or 12 pounds for personal use. The 12 pounds per adult per year corresponds with the amount of cannabis sent by the U.S. government to federal cannabis patients.
We also have suspended the artificial distinction between low THC hemp and high THC cannabis crops. In our view, it is the final product and THC content that determines if it is restricted just to adults. If a business wants to use fibers from a medical marijuana crop to make hemp shirts, then our initiative will allow that to happen without armies of crop inspectors or cumbersome regulations. Thus, farmers can grow one crop to provide for fuel, fiber, food and/or medicine.
Voters are familiar with wine and support treating cannabis like wine. No other cannabis initiative model has the 62% support that we have with the wine model. We can win with this approach. Join us and be a part of a real and historic change that we can all be proud of.
Let freedom grow,
Reply to: info@RegulateMarijuanaLikeWine.com
written by: Jason Karimi
To read more in depth about the "Regulate Marijuana Like Wine Initiative" click here!
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