Federal Legislation

U.S. Senate Candidate Bob Krause

Carl Olsen — Tue, 15 Jun 2010 02:01:09 GMT

This just absolutely amazed me. We actually had a candidate for U.S. Senate from a major party who gets it.

Here's what Mr. Krause had to say about medical marijuana:

A number of states have created medical marijuana laws, and all are in technical violation of federal drug laws. These vary significantly in structure and in enforcement mechanisms. I favor acknowledging reality, and setting a federal standard that state medical marijuana laws need to comply with.

Krause On The Issues: Medical Marijuana

Rescheduling in Oregon - March 29, 2010

Carl Olsen — Sat, 03 Apr 2010 22:41:26 GMT

Here's an interesting video from the Oregon Board of Pharmacy saying they just got back from speaking with the DEA in Washington, D.C.

Oregon Board of Pharmacy Set to Reschedule Marijuana from Art Witkowski on Vimeo.

The strategy moving forward

Carl Olsen — Fri, 02 Apr 2010 00:09:18 GMT

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.

Obama makes changes I can believe in 2009

Carl Olsen — Tue, 01 Dec 2009 11:23:29 GMT

On January 20, 2009, the Obama Administration released a memorandum instructing federal agencies not to use federal regulations to preempt state laws. Here is a link: click here. On January 30, 2009, the Obama Administration released a second memorandum instructing federal agencies not to use federal regulations to preempt state laws. Here is a link: click here

On January 22, 2009, the Obama Administration released guidance for religious exemptions from the federal Controlled Substances Act. Here is a link to the online version: click here and a link to the version I scanned and converted to a text document: click here

On May 20, 2009, the Obama Administration released a memorandum instructing federal agencies not to use federal regulations to preempt state laws. Here is a link to the online version: click here. Here is a link to a copy I downloaded: click here.

Executive Order 13132 of August 4, 1999 ("Federalism")
Federal Register, Vol. 64, No. 153, Tuesday, August 10, 1999, page 43255
Presidential Memorandum of May 20, 2009 ("Preemption")
Federal Register, Vol. 74, No. 98, Friday, May 22, 2009, page 24693

On October 19, 2009, the U.S. Department of Justice released guidelines for respecting states' rights to enact medical marijuana laws. Here is a link to the online version: click here and a link to the version I downloaded: click here

Grassley Responds to critics - November 21, 2009

Carl Olsen — Sat, 21 Nov 2009 17:13:33 GMT

Senator Grassley: Congress should debate drug policy

American Medical Association - November 11, 2009

Carl Olsen — Tue, 17 Nov 2009 11:59:22 GMT

AMA calls for removal of marijuana from Schedule I of the Controlled Substances Act - Executive Summary

AMA calls for removal of marijuana from Schedule I of the Controlled Substances Act - Text of Resolution

Senator Grassley Infected with Reefer Madness - Nov. 4, 2009

Carl Olsen — Sun, 08 Nov 2009 15:18:52 GMT

The Iowa Independent reports that Senator Grassley has contracted the deadly Reefer Madness virus

http://iowaindependent.com/21746/grassley-hoping-to-keep-medical-marijuana-illegal

Grassley hoping to keep medical marijuana illegal

Click here for the text of Grassley's proposed amendment

Peer-Reviewed Studies on Marijuana

Carl Olsen — Mon, 15 Jun 2009 14:22:07 GMT

This looks like a useful site:

Peer-Reviewed Studies on Marijuana

Congressional Research Service - March 2009

Carl Olsen — Fri, 12 Jun 2009 13:42:35 GMT

Here is a very good piece you ought to read:

Congressional Research Service - Library of Congress

Medical Marijuana: Review and Analysis of Federal and State Policies

Mark Eddy
Specialist in Crime Policy

March 31, 2009

Recent activity in state and federal courts

Carl Olsen — Tue, 17 Mar 2009 13:14:37 GMT

My how time flies when you are having fun. Time just keeps on slipping away.

I've been busy preparing legal briefs in two of my cases regarding the unlawful scheduling of marijuana in the state and federal controlled substances acts.

I filed my Petition for Review of the Drug Enforcement Administration's refusal to remove marijuana from Schedule I in the U.S. Court of Appeals for the Eighth Circuit on March 2, 2009, and the response from the Drug Enforcement Administration is due on March 30, 2009.

My state marijuana scheduling case took an interesting twist when the Iowa Board of Pharmacy claimed in its Respondent's Brief that I did not address the scheduling criteria or submit any evidence. I don't know if the Board of Pharmacy threw it away, but I have certified mail receipts showing they received my legal arguments and evidence. I filed a Motion to add my Memorandum of Law to the record on review, and I filed another Motion to add my Exhibit to the record on review. I filed my Reply Brief on March 16, 2009.

A hearing in my state case has been scheduled for March 27, 2009