Pubdate: Sun, 03 Jul 2011
Source: Billings Gazette, The (MT)
Copyright: 2011 The Billings Gazette
Contact: http://billingsgazette.com/app/contact/?contact=letter
Website: http://www.billingsgazette.com/
Details: http://www.mapinc.org/media/515
Author: Cherrie Brady

DON'T INSULT OUR INTELLIGENCE BY SAYING POT IS LEGAL

The lawsuit against SB 423 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, Supreme Court, the 
FDA, federal law and the U.S. Congress.

A supermajority of the legislators voted for SB 423. 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.

After considering the above, 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

Billings
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