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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