Schedule 1 Classification of Cannabis

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Hello out there,

Aloha to thee. Enclosed is more of Carl Olsen’s thinking on the subject of federal re-scheduling ‘marijuana’, and every state’s power to allow legal medical marijuana. Other lawyers might enjoy this thread of discussion, so pass it along where appropriate. Mahalo.

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:

Thank you!

Carl Olsen
130 E. Aurora Ave.
Des Moines, IA 50313-3654

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One Response to “Schedule 1 Classification of Cannabis”

  1. zen
    on Oct 6th, 2012
    @ 9:53 pm

    Roger im really concerned u have done so much an what have others done to fight this fuking battle. I have posted a video i will forward to u an sheri that should help our cause which is the cause to wake people up tothe fact that they the criminals who want pot illegal are the doomsdayers who are destroying our beloved planet. all is well im in mexico working on swing videos an yoga.
    luv u more then i can ever say an for all that u have done for me an others. All the ALoha bagsu have given u are truly a Pirest of the highest order. brother.
    yogi zen

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