An excerpt from a recent discussion follows below:
21 USC 903 expresses the intent not to occupy the field unless there is a positive conflict between state and federal drug law, which it would appear state medical marjuana laws are.
However, 21 USC 822(d) allows the DEA broad power to grant exemptions.When you combine those two, it creates a fairly strong argument for federal exemption. Of course, you still need to address the purpose of federal drug law, which is not to prohibit the use of drugs, but to prevent their misuse (abuse).
Gonzales v. UDV, 546 US 418 (2006), does an excellent job of capsulizing the federal interest, which is to prevent diversion and adverse effects.
— source: private conversation regarding laws recently took place
THEREFORE, being as I am not an attorney:
Why hasn’t any marijuana advocates pursued these statutes?
If you’re telling me that the best lawyers in the country working on marijuana missed this for four decades, I have a hard time understanding how that is possible.
At least we have started to figure it out now…
Follow us on Facebook to get this question answered.
If 21 USC 822(d) allows exemptions to manufacture, distribute, and dispense controlled substances from DEA — why haven’t marijuana lawyers applied, except for those, working, with…us?
I’d love to talk to any interested lawyer anywhere in the country who wants to do like Iowa and use these statutes to help marijuana patients suffering higher costs, and other consequences, due to federal prohibition.
If interested, email me at Jason@letusdisagree.com and end federal prohibition for everyone, in order, to increase public safety for all concerned parties.
Read more at WeedPress: Iowa Republican Files First In Nation Request With DEA For Federal Marijuana Exemption To Protect State Marijuana Patients
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