Iowans for Medical Marijuana

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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)

Print | posted on Monday, September 01, 2008 9:42 AM | Filed Under [ Federal Legislation State Legislation Drug Enforcement Admin ]

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# re: Olsen gets denied in Santa Cruz

But until we find a way to keep lawyers from practising law, nothing will change. Kill the head, and the body will follow.
9/1/2008 3:31 PM | Doug Hart
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# re: Olsen gets denied in Santa Cruz

That is exactly my feeling in this case. I think these lawyers are "practicing." A professional would simply get the job done instead of seeing how much paper they can file. If there is a federal statute, and there is in this case, that protects California's right to enact a medical marijuana law, then there is no violation of the Tenth Amendment. The only violation of the statute is the DEA's refusal to remove marijuana from Schedule I now that it has accepted medical use in treatment in the United States. I wonder if these lawyers would be upset if the DEA stopped arresting people and they had to go and find a real job to make a living.
9/1/2008 4:08 PM | Carl Olsen

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