Marijuana Laws
Marijuana: Massachusetts
Decriminalization Initiative Polling
 Well
A Massachusetts initiative that would decriminalize marijuana possession looks set to win in November, if polling numbers from this month are any indication. According to a 7NEWS/Suffolk University poll, the initiative now has the approval of 72% of voters. Only 22% of respondents said they opposed the decrim measure, while 6% had no opinion. The initiative, sponsored by the Committee for Responsible Marijuana Policy, would replace current criminal penalties for marijuana possession with a civil penalty of forfeiture of the marijuana and a $100 fine. It looks like the Massachusetts public is on board with decrim, said David Paleologos, director of the Political Research Center at Suffolk University. "This issue suggests that there is a libertarian streak in the thinking of Massachusetts voters," he said. The decrim initiative, known as Question #2 on the November ballot, is the only one of three initiatives garnering majority support, according to the poll. An initiative that would reduce and ultimately eliminate the state income tax was trailing 50% to 36%, while an initiative that would bar dog racing that entailed wagering was hovering at the half-way mark, with 50% approval and 37% and opposed. Massachusetts voters may be uncertain about dog racing and opposed to messing with the state tax system, but they seem clear about the need to decriminalize marijuana possession. If they pass the initiative, Massachusetts will become the 13th decrim state and the first since Nevada in 2001.
So! Waddaya say, Senator Grassley? you feeling more and more isolated like an out of step dork?
Me? I been growing reefer for decades. That is why I am your humble narrator, SuckMeBush!
NORML Weekly Press Release January 6, 2000
Pennsylvania Supreme Court Rules Infrared Thermal Imaging Unconstitutional Search Erie County, PA: The Pennsylvania Supreme Court has upheld an appellate court ruling that the warrantless use of an infrared thermal imagining device, used to detect marijuana growing in a home, violates the constitutional rights of the homeowner under the Fourth Amendment to the U.S. Constitution. In the 2-1 decision, Judge Stephen A. Zappala, writing for the majority, contrasted the differences between the use of thermal imaging devices and the use of drug-sniffing dogs, which the U.S. Supreme Court has found to be legal without a warrant. Zappala wrote, "The thermal imaging device, unlike the trained drug dog, does not have the ability to distinguish between legal and illegal activities occurring within the home based upon the amount of heat detected. In this respect, [use of the thermal imager] is the very antithesis of a dog sniff because the trained narcotics dog alerts only in the presence of contraband whereas the thermal imager indiscriminately registers all sources of heat. " The case began in April 1994 when an informant told the Erie County Mobile Drug Task Force that Gregory Gindlesperger was growing marijuana at his home using artificial heat lamps. A thermal imaging device was then used to scan Gindlesperger's home, which indicated an unexplained heat source in the basement which was not consistent with a furnace or other home heating sources. These results were then used to obtain a search warrant for the house and Gindlesperger was subsequently arrested for cultivating 21 plants. The trial court rejected the defendant's motion to exclude the evidence and found him guilty. The case was appealed and the appellant court sided with the defendant saying the use of the device was a violation of the Fourth Amendment to the U.S. Constitution. "We applaud the court's decision," said Tom Dean, Esq., NORML Foundation Litigation Director. "High-tech surveillance by overzealous police officers is perhaps the greatest threat to personal security that we will face in this new century." For more information, please contact Tom Dean, Esq., NORML Foundation Litigation Director, at (202) 483-8751. To view the decision, visit http://www.aopc.org/OpPosting/index/SupremeArchieve/121999.cfm.
Carl Olsen, August 5, 2008 Page 1 of 4
DRUG ENFORCEMENT ADMINISTRATION Petition by Carl Olsen ) NOTICE AND DEADLINE TO for the rescheduling of marijuana ) CEASE AND DESIST ILLEGAL pursuant to 21 U.S.C. § 811 ) ENFORCEMENT OF and 21 C.F.R. § 1308 ) FRAUDULANT MARIJUANA ) REGULATION August 5, 2008 Administrator, Drug Enforcement Administration Department of Justice Washington, DC 20537 Re: Petition for Marijuana Rescheduling Dear Sir/Madam: You are hereby notified that the current scheduling of marijuana in Title 21 Code of Federal Regulations, Section 1308.11 Schedule I, is in violation of federal law, Title 21 United States Code, Section 903, and you must immediately cease and desist enforcement of the illegal regulation of marijuana until marijuana is correctly scheduled or removed from the schedules entirely. Failure of the Drug Enforcement Administration to cease and desist enforcement of the illegal regulation of marijuana within 30 days will result in a federal civil injunction being filed against the Drug Enforcement Carl Olsen, August 5, 2008 Page 2 of 4 Administration in the United States District Court for the Southern District of Iowa. MEMORANDUM OF LAW It is established federal law that the states, and not the federal government, determine accepted medical practice. Gonzales v. Oregon, 546 U.S. 243 (2006); 21 U.S.C. § 903. Twelve states have determined that marijuana has accepted medical use. Rescheduling of marijuana should have been automatically triggered in 1996 when California enacted the first state law accepting the medical use of marijuana. In Grinspoon v. DEA, 828 F.2d 881, 886 (1st Cir. 1987), the U.S. Court of Appeals told the DEA that a controlled substance cannot be scheduled in Schedule I if it has accepted medical use anywhere in the United States (". . . Congress did not intend 'accepted medical use in treatment in the United States' to require a finding of recognized medical use in every state . . ."), which proves the states, and not the federal government, determine accepted medical practice. In Alliance for Cannabis Therapeutics v. DEA, 930 F.2d 936, 939 (D.C. Cir. 1991), the U.S. Court of Appeals told the DEA that there is no federal definition of "accepted medical use" (". . . neither the statute nor its legislative history precisely defines the term 'currently accepted medical Carl Olsen, August 5, 2008 Page 3 of 4 use' . . ."), which proves the states, and not the federal government, determine accepted medical practice. In United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483, 492 (2001), the U.S. Supreme Court told the DEA it could not put marijuana in Schedule I if marijuana had any accepted medical use: Schedule I is the most restrictive schedule (footnote omitted). The Attorney General can include a drug in schedule I only if the drug "has no currently accepted medical use in treatment in the United States," "has a high potential for abuse," and has "a lack of accepted safety for use . . . under medical supervision." §§ 812(b)(1)(A)-(C). Under the statute, the Attorney General could not put marijuana into schedule I if marijuana had any accepted medical use. In Gonzales v. Raich, 545 U.S. 1, the U.S. Supreme Court noted that Congress put marijuana in Schedule I. But Schedule I is only the "initial" schedule for marijuana. Congress never said the initial schedules were permanent. 21 U.S.C. § 811(a) requires the DEA to "add to", "transfer between", or "remove" substances from the schedules as necessary. See 21 U.S.C. § 812(c) (". . . Initial schedules of controlled substances Schedules I, II, III, IV, and V shall, unless and until amended pursuant to section 811 of this title . . ."). Ms. Raich did not tell the DEA it could not put marijuana into schedule I, but the DEA should not have to be told that it must obey a federal law. The DEA should have rescheduled marijuana in 1996 and was legally obligated to do so at that time. Carl Olsen, August 5, 2008 Page 4 of 4 In Gonzales v. Oregon, 546 U.S. 243 (2006), the U.S. Supreme Court told the DEA that a federal interpretive rule cannot conflict with an accepted state medical practice. The DEA cannot create an administrative rule that conflicts with 21 U.S.C. § 903, and it cannot maintain an existing regulation that conflicts with 21 U.S.C. § 903. Marijuana, temporarily scheduled by Congress in 21 U.S.C. § 812, Schedule I(c)(10) in 1970, has been incorrectly classified in 21 C.F.R. § 1308.11(d)(22) since 1996 because it no longer fits the criteria for inclusion in Schedule I as set forth in 21 U.S.C. § 812(b)(1)(A)-(C): Schedule I. - (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision. Because marijuana has been incorrectly scheduled since 1996, the DEA must immediately cease and desist the enforcement of the illegal regulation of marijuana until the federal scheduling has been corrected. Respectfully yours, __________________________ Carl Olsen 130 E Aurora Ave Des Moines, IA 50313-3654 515-288-5798 Certified Mail Receipt No. 7006 2760 0004 2439 1694 And he lives Right in my neighborhood of several years past. Ah, how nice. You go, Carl. We are pulling for you.Page 2 of 2


