Hello out there,
All the best to you,
—–Olsen, Carl on 9/24/2012 4:45 PM wrote:
Dear Professor Mikos,
Has it occurred to you that the current classification of marijuana is a federal regulation purporting to preempt state law without Congressional authority?
The federal drug law does not say marijuana shall have no accepted medical use in treatment in the United States, yet the DEA claims marijuana has no accepted medical use in treatment in the United States.
17 states and DC now accept the medical use of marijuana.
There is all kinds of good case law on this.
Previous challenges have been facial challenges to the statute and the U..S. Supreme Court has upheld the statute as a valid exercise of Congress power to prevent drug abuse. Two examples are:
U.S.. v. Oakland Cannabis Buyers’ Cooperative, 532 U.S. 483 (2001)
Gonzales v. Raich, 545 U.S. 1 (2005)
In Raich, the U.S. Supreme Court suggested that Raich challenge the classification, id. at 28 n.37.
In Gonzales v. Oregon, 546 U.S. 243 (2006) the U.S. Supreme Court said federal regulations cannot be used to make medical use illegal under federal law that is authorized by state law. Id. at 258.
The states have not sought reclassification, and there s a good case on that. New York v. United States, 505 U.S. 144, 181 (1992): “How can a federal statute be found an unconstitutional infringement of state sovereignty when state officials consented to the statute’s enactment?”
An even better question is how a federal regulation can be an unconstitutional infringement of state sovereignty when state officials consent to it validity.
If you d be interested in reading the legal briefs in my case, I m scheduled to give oral argument in the U..S. Court of Appeals for the District of Columbia on Tuesday, October 16, 2012. I ve attached a copy of the court s scheduling order.
Here is a link to all the documents that have been filed in the case: http://petition.iowamedicalmarijuana.org/Home/Federal
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