Pubdate: Mon, 27 Jun 2011
Source: Montana Standard (Butte, MT)
Copyright: 2011 Montana Standard
Contact:  http://www.mtstandard.com/
Details: http://www.mapinc.org/media/609
Authors: Cherrie Brady, Susan Smith, Laura Needham and Barbi McLaws, 
SafeCommunitySafeKids.org

PLAIN AND SIMPLE: MEDICAL MARIJUANA LAW ILLEGAL

The lawsuit against SB423 is an insult to the intelligence of
thousands of Montanans.

This lawsuit goes against the separation of powers as stated in the
Montana Constitution, our Montana Legislators, the Supreme Court, the
FDA, the Federal Law and the Congress.

A supermajority of the Legislators voted for SB423. In 2001, the
Supreme Court unanimously ruled against the legality of medical marijuana.

Federal law prohibits the possession, manufacture, and distribution of
marijuana. The FDA hasn't approved smoked marijuana for any condition
or disease.

On June 15, the chairmen of two congressional committees sent a letter
to U.S. Attorney General Eric Holder stating that Congress placed
marijuana in Schedule 1 of the controlled substance act and, as such,
growing, distributing, and possessing marijuana in any capacity, other
than as part of a federally authorized research program, is a
violation of federal law regardless of state laws permitting such activities.

The possession, manufacturing and distribution of marijuana is
illegal.

We ask the judge, in trying to uphold the Constitution, to consider
the supremacy clause of the Constitution which states: "the
Constitution and the laws of the United States ... shall be the
supreme law of the land ... anything in the constitutions or laws of
any State to the contrary notwithstanding."

The controlled substances act trumps any conflicting state law. If the
concern really is the constitutionality of SB 423, then every section
of SB 423 should be stricken, except for the provision completely
repealing the "medical" marijuana law.

Cherrie Brady, Susan Smith, Laura Needham and Barbi McLaws

SafeCommunitySafeKids.org

Billings
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MAP posted-by: Richard R Smith Jr.