Connecticut is one step Closer to Decriminalization
“Final approval of this legislation accepts the reality that the current law does more harm than good – both in the impact it has on people’s lives and the burden it places on police, prosecutors and probation officers of the criminal justice system,” Said Gov. Dannel P. Malloy after the House of Representatives passed a vote (90-57) on Tuesday, making marijuana decriminalized in the state of Connecticut. This comes in line with a number of other states currently fighting this battle on their own level.
The act of decriminlizing will reduce the penatly for possesing less than a half ounce from a potential prision sentence to a $150 fine and up to $1,000 for individulas holding less than 4 ounces. This is a great stepping stone for both the state of Conneticut as well as the medical marijuana community as a whole.
To read more about Conneticut and their pursuit to legalizing marijuana click HERE.
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
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