September 2008 Entries
The Iowa Board of Pharmacy has decided to makes its final ruling on my Petition to Reschedule Marijuana in a closed session on October 7, 2008. The meeting will not be open to the public. The Executive Director tells me I can expect a copy of the ruling on October 8, 2008, or soon thereafter.
I filed a civil complaint in U.S. District Court yesterday, Olsen v. Mukasey, et al, No. 4-08-CV-370. Both the complaint and the memorandum of law can be downloaded at http://www.iowamedicalmarijuana.org/petitions/dea.aspx as well as all 31 exhibits.
Since the U.S. Supreme Court did such a poor job of chronicling the history of DEA marijuana rescheduling efforts in Gonzales v. Raich, 545 U.S. 1, 15 n.23 (2005), I have posted the relevant cases at: http://www.iowamedicalmarijuana.org/documents/young.aspxStarting in 1972, the National Organization for the Reform of Marijuana Laws (NORML) began its campaign to reclassify marijuana. Grinspoon & Bakalar 13-17. After some fleeting success in 1988 when an Administrative Law Judge (ALJ) declared that the DEA would be acting in an "unreasonable, arbitrary, and capricious" manner if it continued to deny marijuana access to seriously ill patients, and concluded that it...
My Motion to File Amicus Curiae Brief was denied in Santa Cruz v. Gonzales on Thursday, August 28, 2008, following the Court's ORDER of Wednesday, August 20, 2008 allowing Santa Cruz to proceed with an argument that the federal government has exceeded it's powers under the Tenth Amendment. My objection was based on statutory law which prohibits the federal government from including anything in Schedule I of the Controlled Substances Act which has any accepted medical use. Obviously, California has a law which appears to accept the medical use of marijuana.
For a detailed examination of California's medical marijuana law, the...