Iowans for Medical Marijuana

Carl Olsen's Blog
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Monday, September 01, 2008

Olsen gets denied in Santa Cruz

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 following cases may be useful: People v. Kelly, California 2nd Appellate District (5/22/2008 - striking down quantity limits); San Diego v. NORML, California 4th Appellate District (7/31/2008 - explaining federal statute which allows states to enact medical marijuana laws).

The California Attorney General has just issued guidlines on medical use of marijuana in California: Medical Marijuana Guidelines, California Attorney General (August 2008)

posted @ Monday, September 01, 2008 9:42 AM | Feedback (2) | Filed Under [ Federal Legislation State Legislation Drug Enforcement Admin ]

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