Showing posts with label US Supreme court. Show all posts
Showing posts with label US Supreme court. Show all posts

Wednesday, December 17, 2008

USA Hemp Museum Letter To The Governor


Below is a great letter from Richard M. Davis, founder and curator of the USA Hemp Museum, a private museum with over 1,700 hemp related items. Richard has dedicated his adult life to ending hemp prohibition while researching 50,000 plus uses for the dynamic hemp plant. He is the author of two hemp books, HEMP FOR VICTORY: A GLOBAL WARMING SOLUTION and the soon to be released HEMP FOR VICTORY: THE WONDER HERB. In this letter Richard's TELLIN' OLD ARNOLD, LET OUR HEMP GO!!!

Tuesday, December 12, 2008

Dear California Governor Arnold Schwarzenegger,

It is a waste of our tax money to enforce cannabis prohibition when we have so much violent crime and a budget deficit.

The U.S. Supreme Court this Monday upheld the California’s 4th District Court of Appeal’s ruling that patients enjoy a federally protected property right to their medical marijuana. The main point I would like to make here is that this federally protected property right also applies to hemp. One strategy here is to report this new ruling has changed your mind about hemp and the Feds, and for the cause of global warming you can now support industrial hemp.

What we find in the aftermath of the 1937 Tax Act, is that agricultural production of Cannabis hemp was the probable big target of the law. Hemp (same species as marijuana, different variety) was poised to become the first billion dollar agricultural crop in 1938. Hemp has multiple uses: clothing, textiles, paper, fiberboard, clean biomass fuels, seed protein and oil, and plastics. Hemp had 25,000 viable industrial applications in 1938. We now estimate 50,000 uses for hemp. Now with agricultural production necessary for medicine, what possible reason do we now have to prohibit farmers from growing hemp which may have a medical response, but can not even get you a little high?

Our NAFTA trading partner Canada is now in its tenth year of growing hemp. California would benefit greatly by being the first state to return hemp growing to the American farmer free of the drug war scare. To ignore the bigger picture is to languish in the mistaken belief that the federal government controls everything a state does through the interstate commerce clause of the U.S. Constitution. Our state has the sixth largest economy in the world. California would benefit greatly by forging ahead with hemp growing and research of industrial potential, which is allowed by Article 28, of the Single Convention Treaty on Narcotic Drugs (U.N.), 1961. This is the very treaty on which our federal Controlled Substances Act is based.

All over the world and the United States, the truth about hemp and marijuana is flooding our information highways. We must correct the industrial/political conspiracies, misinformation, and overall mistakes of the 1930’s and legalize hemp and marijuana. Especially considering that “marijuana is one of the safest therapeutically active substances known to man,” as ruled by DEA law judge Francis Young, in September of 1988.

To be ignorant of the history of Cannabis is to invite bad lawmaking. Cannabis sativa is a plant, not a synthetic compound. Any plan to provide for “safe and affordable distribution...” must take into account that it must be grown as an agricultural crop. Not all people have back yards or extra rooms in which to grow plants, or time to grow with a surprise illness. Given that agricultural production is necessary, history suggests we look deeper into the reasons for the morass of law we find ourselves in now.

The plant Cannabis sativa was illegally controlled by the government, through lies and deception, in passing the Marijuana Tax Act of 1937. Depicted as a fatal and dangerous drug marijuana in the hearings of this Act, Cannabis medicine had been used in western medicine since the 1840, and was known to have never been responsible for a single death in 1927 medical literature. Court review by the Drug Enforcement Administration in 1988, stated, “Marijuana, in its natural form, is one of the safest therapeutically active substances known to man.” (DEA Docket #86-22). Medical use in China started more than 5000 years ago.

Finally, we have to look at the legal due process questions of putting people in jail for using such a safe, natural herb for personal recreational purposes, while allowing the proven poisons of alcohol and nicotine to be legal. It is obvious to me from a public health standpoint that we would be better off by replacing both these death dealing drugs with a safer alternative. Competition not prohibition is the American way. Prohibition of alcohol produced a black market, prohibition of marijuana produced a black market, and prohibition of tobacco will also create a black market.

Regulation and freedom will reduce criminal activity, and return a valuable medicine called Cannabis to the California community. And of course even the legal drugs are illegal for children.

The barriers to industrial use of hemp for food, fuel, and fiber damage our environment, our farming industry, and our entire economy. They must be removed at once. I appreciate your taking whatever action is necessary to bring clarity and justice to this enviro-economical, constitutional travesty. I would also appreciate a written reply.

Sincerely,

Richard M. Davis, Curator
USA Hemp Museum
Los Angeles, CA 90046

From the movie a/k/a Tommy Chong

Tuesday, December 2, 2008

State Medical Marijuana Laws Not Preempted by Federal Law says U.S. Supreme Court

From Drug Sense.org

PRESS RELEASE

Americans for Safe Access

For Immediate Release:

December 1, 2008

U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law

Medical marijuana case appealed by the City of Garden Grove was denied review today Washington, DC -- The U.S. Supreme Court refused to review a landmark decision today in which California state courts found that its medical marijuana law was not preempted by federal law. The state appellate court decision from November 28, 2007, ruled that "it is not the job of the local police to enforce the federal drug laws." The case, involving Felix Kha, a medical marijuana patient from Garden Grove, was the result of a wrongful seizure of medical marijuana by local police in June 2005. Medical marijuana advocates hailed today's decision as a huge victory in clarifying law enforcement's obligation to uphold state law. Advocates assert that better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures. In turn, this will allow for better implementation of medical marijuana laws not only in California, but in all states that have adopted such laws."It's now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the medical marijuana advocacy organization that represented the defendant Felix Kha in a case that the City of Garden Grove appealed to the U.S. Supreme Court. "Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state."California medical marijuana patient Felix Kha was pulled over by the Garden Grove Police Department and cited for possession of marijuana, despite Kha showing the officers proper documentation. The charge against Kha was subsequently dismissed, with the Superior Court of Orange County issuing an order to return Kha's wrongfully seized 8 grams of medical marijuana. The police, backed by the City of Garden Grove, refused to return Kha's medicine and the city appealed. Before the 41-page decision was issued a year ago by California's Fourth District Court of Appeal, the California Attorney General filed a "friend of the court" brief on behalf of Kha's right to possess his medicine. The California Supreme Court then denied review in March."The source of local law enforcement's resistance to upholding state law is an outdated, harmful federal policy with regard to medical marijuana," said ASA spokesperson Kris Hermes. "This should send a message to the federal government that it's time to establish a compassionate policy more consistent with the 13 states that have adopted medical marijuana laws.

"Further information:Today's U.S. Supreme Court Order denying review: http://AmericansForSafeAccess.org/downloads/Kha_USSC.pdf

Decision by the California Fourth Appellate District Court: http://AmericansForSafeAccess.org/downloads/GardenGroveDecision.pdf

Felix Kha's return of property case: http://AmericansForSafeAccess.org/article.php?id=4412

# # #

With over 30,000 active members in more than 40 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.-- Kris Hermes Media Specialist Americans for Safe Access http://www.safeaccessnow.org/ 1322 Webster Street, Suite 402 Oakland, CA 94612 Phone: 510-251-1856 x307 Fax: 510-251-2036 Email: kris@SafeAccessNow.org Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

For more information on how to use hemp to help us solve our problems, visit the USA Hemp Museum, http://www.hempmuseum.org/, a private museum with a virtual wing.