Montanans Plead the 10th

Last August, a group of medical practitioners and pharmaceutical manufacturers filed suit against the federal government in U.S. District Court. They claimed the feds violated their rights by sending armed agents into their businesses and, according to a report in the Santa Fe New Mexican “‘seized and destroyed thousands of live plants,’ and ‘took away hundreds of pounds of dried marijuana’ during a March 2011 raid on licensed producers, and stripped certain providers of lights and other equipment used to grow and distribute the herb, which caused [...] significant financial damage.”

But the district court dismissed the plaintiffs’ claims, saying the issue had “already been decided.”

However, as Daniel Abrahamson notes, medical marijuana hasn’t really been decided by the courts, as most of the relevant cases haven’t actually been argued in court. In nearly all cases, the parties have settled or withdrawn their appeals. So it would appear to be an open question, ripe for such a challenge.

The group hopes they’ll have their chance to advance their case later this year in the 9th Circuit Court. One of the chief complaints raised by attorney Paul Livingston, who represents this Montana group, is that “It is truly astonishing that so much weight is given, so many actions taken, and so much reliance placed on a demonstrably false notion; that marijuana has no known medical uses.”

But the main thrust of their case doesn’t rest solely on the medical science regarding cannabis, the 10th Amendment will also be key to their argument. Livingston will attempt to show that both the power to police and provide safety to the public lie not with the Feds, but with the several states. Such a two-pronged approach ought to be the most effective, insomuch as petitioning the government courts to limit their own powers is concerned.

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Arizona, South Dakota: A Chance to Advance the Nullification Movement

On Election Day, Arizona and South Dakota will vote on initiatives to partially nullify Federal narcotics laws pertaining to the medicinal use of cannabis. These initiatives are important to the residents of both states for many reasons. They offer a re-assertion of state sovereignty and interposition by the state(s) on behalf of patients and their caregivers.

They affirm the sanctity of the doctor/patient relationship independent of Federal meddling. They provide patients safe access to their medication. And perhaps most importantly, they affirm that Arizona and South Dakota are willing to join the group of states in this Union (as well as the Federal District) and the nations around the world who accept the standard that judges societies by how well they treat their weakest and most vulnerable members.

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