Pubdate: Mon, 04 Jul 2011
Source: Bozeman Daily Chronicle (MT)
Copyright: 2011 The Bozeman Daily Chronicle
Author: Michael J. Smith


"The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people." Some might argue that the U.S.
Constitution delegates powers to the feds to arrest medical marijuana
providers because of the schedule 1 status of cannabis in the
Controlled Substance Act.

However, the CSA's schedule 1 requirements are: "1) 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." Clearly,
cannabis doesn't qualify on B and C, and the Merck Medical Manual of
Diagnosis and Treatment clearly states that cannabis is not physically
addictive, so it doesn't meet criteria for A either.

Conclusion: The power to regulate medical marijuana is not delegated to 
the federal government because it does not meet their own criteria to be 
a schedule 1 drug. Therefore, they have no power to regulate it and must 
reclassify or remove it from the list. Isn't it ironic that tobacco 
meets all three criteria of the CSA Schedule 1, and yet, tobacco 
companies are instrumental in preventing the consumption of the 
non-addictive, medically safe and effective cannabis (visualize 
outstretched politicians' hands)? Meanwhile, tobacco, which clearly 
meets all three criteria of a schedule 1 drug -- A) highly physically 
addictive, B) no medical use, C) not safe even when used under the 
directions of a physician and in fact proven to cause cancer -- is 
legal, sold for a hefty profit.

When is the fed going to arrest big tobacco?

Anyone listening out there?

Michael J. Smith,

executive director

The Healing Center Montana, Montana Help Farmers, Bozeman
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