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The strategy moving forward

I received an email from Americans for Safe Access a moment ago. I've been meaning to write this post, but this email got me moving on it:

ASA will build the federal framework that will bring safe and legal access to all Americans by 2013.

For too long the medical marijuana movement has been forced into a reactionary and defensive position, constantly having to push back against outrageously unjust legislation our movement has been so busy fighting for what we don't want, we lost sight of how to fight for what we need. That ends today.

I don't know why, and ASA doesn't say, but I suspect that ASA's strategy is quite different than mine. I hope I'm wrong and pleasantly surprised (maybe ASA has a clue), but I just haven't spoken with anyone who has my perspective on this situation. So, here goes with my strategy moving forward.

The federal framework that will bring safe and legal access to all Americans by 2013 is already in place.  The federal drug law classifies marijuana as having no accepted medical use in treatment in the United States, and yet 14 states have accepted the medical use of marijuana since 1996.  What's wrong with this picture?

Well, here it is in a nutshell, folks.  None of those 14 states has bothered to officially tell the U.S. Drug Enforcement Administration (DEA) to remove marijuana from its current classification.  Furthermore, all 14 states tell patients they are in violation of federal law and there is nothing the state can do to protect them from the DEA.

Sure, President Obama has issued a memo to federal prosecutors telling them not to prosecute medical marijuana patients in states that have enacted medical marijuana laws, but that was only necessary because the states have not been doing their part under the federal drug law.

That is what is so critical about my work here in Iowa.  Iowa should not be the 15th state to enact a state medical marijuana law that leaves patients to the mercy of the DEA.  The DEA really is not obligated to do anything unless a state uses the administrative procedures set out in the federal drug law to have marijuana federally reclassified.

I suspect ASA is going to tell us they have a legislative solution and they are going to have a new law enacted.  Well, a new law is not the answer.  The answer is simply obeying current federal law and following the procedures set out in the federal drug law.  I predict that Iowa is going to do that in 2012 and we'll have safe and legal access to medical marijuana by 2013 as the result.

Print | posted on Thursday, April 01, 2010 7:09 PM | Filed Under [ Federal Legislation State Legislation Drug Enforcement Admin ]

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# re: The strategy moving forward

Marijuana is illegal according to federal law, yet the industry makes millions of dollars every year. Why dont we focus on the drugs (cocaine and heroin mainly) that are flooding the streets. Marijuana is only a drug bc the law says so, if it wasn't illegal the other illegal activity associated with marijuana production and sales would decrease greatly.
4/2/2010 2:46 AM | headshop search
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# re: The strategy moving forward

The federal government is not likely to do anything until the states lead the way. It's not a good idea to have the federal government telling the states what to do. Fourteen states and the District of Columbia have accepted medical use of marijuana, the federal law has it classified as having no medical use, and there is a process for amending federal drug law that none of the states have bothered to use.
4/2/2010 5:43 AM | medicinal
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# re: The strategy moving forward

Carl,

Is that how long you see the procedure taking, or does your prediction include the time Iowa state legislature would take to pass the laws? It looks like you have the state law process included. How long do you see the procedure taking once the procedure has been established and compled by the state? Is there a time limit, or could the DEA just sit on a state's request for as long as they want?

5/13/2010 2:14 AM | Troy
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# re: The strategy moving forward

It would be exactly like Gonzales v. Oregon, 546 U.S. 243 (2006). The state would file the application with the DEA and then move for a civil injunction to stop enforcement of federal Schedule I while the case is pending.
5/13/2010 6:05 AM | medicinal
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# re: The strategy moving forward

We really do appreciate this information - http://www.soberliving.com
6/5/2010 6:37 PM | kelly

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