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Thread: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

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    Cannabis Connoisseur Jim Finnel's Avatar
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    Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    Brian Vicente, executive director of Sensible Colorado, a medical marijuana advocacy group, has said the federal charges filed against Highlands Ranch resident pot grower Chris Bartkowicz takes the whole medical marijuana defense off the table. Bartkowicz is screwed, says Vincente, because the federal government doesn’t recognize any medicinal value to pot, regardless of what state laws or doctors say. Yet the federal Department of Health and Human Services owns the patent for cannabinoids– an antioxidant nerve protector contained in good old fashioned dope.

    “In federal court, you can’t say the words ‘medical marijuana,’ so his defense is gutted,” Vicente told Westword. “The U.S. Attorney is absolutely aware of that… That’s why this is so disturbing… They’re trying to put him in jail for forty years for a medical marijuana grow. They’re doing it in violation of what the voters of this state want and in violation of what President Obama has said he wants.”

    Marijuana is for now a Schedule I controlled substance, meaning the Department of Health and Human Services cannot find any medicinal value in its use and so possession is illegal and subject to the strictest drug-sentencing statutes.

    But the feds are hedging bets. In case doctors develop a little cannabinoid pill that protects against heart disease, Parkinsons and Alzheimer’s, for example, the government wants to rake in the dough. Health and Human Services is the patent holder for cannabinoid “inventors” Aidan Hampson and doctors Julius Axelrod and Maurizio Grimaldi, who have been doing research for roughly the last decade at least on the nerve protecting properties of cannabis.

    On Oct. 7, 2003, US Patent 6630507 protecting cannabinoids as antioxidants and neuroprotectants was issued to the department. The patent is not set to expire until 2021 and is one of 515 medical patents currently held by Health and Human Services.

    Here’s the abstract from the government’s patent proposal on the benefits of cannabinoids, the main compound in marijuana plants:

    Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer’s disease, Parkinson’s disease and HIV dementia. Nonpsychoactive cannabinoids, such as cannabidoil, are particularly advantageous to use because they avoid toxicity that is encountered with psychoactive cannabinoids at high doses useful in the method of the present invention. A particular disclosed class of cannabinoids useful as neuroprotective antioxidants is formula (I) wherein the R group is independently selected from the group consisting of H, CH.sub.3, and COCH.sub.3. ##STR1##


    NewsHawk: User: http://www.420magazine.com/
    Source: The Colorado Independent
    Author: Becca Blond
    Copyright: 2010 The Colorado Independent
    Contact: Contact us Colorado Independent
    Website: Feds: There’s no medical marijuana except our medical marijuana Colorado Independent

    • Thanks to MedicalNeed for submitting this article
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    420 Member free2blaze's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    seems contradictory to say there is no medicinal value but yet hold a patent for medicinal purpose.
    “All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident.” --Arthur Schopenhauer

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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    If I was Chris's lawyer, I would put that document into evidence and then ask the question " How can a scheduale 1 drug have a patent out on it BY THE UNITED STATES and still have the classification still be valid". The stake in the matter is Chris's life(or a chunk of it).

    I would also have him on the stand, calling the plant matter "medicine" to get the point across. What they are doing is wrong. Free Chris, Free Marc,Free Rick Simpson.
    Michael

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    420 Member MedicalNeed's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    michaelkaer

    I like that idea and train of thought.

    I think you should shoot his lawyer a lil email.
    It's the least you could do.

    I also think a organized medical cannabis picket on jury selection day outside the court house with signs saying
    US Gov. Medical Cannabis Patent#6630507
    and on trial day too.

    would be another thing to include in that email

    Thanks for the Post.
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    New Member Hieroglyph83's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    how can medical marijuana not be a defense when it is allowed under the state constitution of Colorado? Shouldn't that law be protected by the 10th Amendment of the Bill of rights?

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    420 Member StinkFinger's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    Quote Originally Posted by User View Post
    Marijuana is for now a Schedule I controlled substance, meaning the Department of Health and Human Services cannot find any medicinal value in its use and so possession is illegal and subject to the strictest drug-sentencing statutes.
    More of a reason to get lawyers involved. Where are all the legal challenges that need to play out in courts?

    Where are the petitions to pressure the HHS to review their stance?

    We're hearing more and more about busts in California, but where are the cases to determine the outcome?

    Now more than ever we need these issues to be worked through the courts. (With liberal judges, of course, ;-)


    Quote Originally Posted by Hieroglyph83 View Post
    how can medical marijuana not be a defense when it is allowed under the state constitution of Colorado? Shouldn't that law be protected by the 10th Amendment of the Bill of rights?
    Fed law "trumps" state laws.


    SF

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    420 Member Bonehead's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    The Federal Gov't has always claimed there is not medical value in MJ and it has long prohibited a medical defense. That is why they prosecute in federal court. They didn't let Ed Rosethal or Charles Lynch use that defense. As for California, the DEA will raid a dispensary, take all the meds and other things but never formally charge anyone. Trying to take us down financially. Another important part of ending prohibition is to change MJ from a schedule 1 narcotic.
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    420 Member Tokensmoke10's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    I don't even know why government doctors try to make and imitate the plant as a whole. They think that if they can recreate the THC molecule or cannabinoids because there's obviously something else in the plant that ties everything together and makes it as beneficial as it is. You can get all of the atoms in the correct space but all the little quarks, electron spins, and other subatomic particles created by the plant naturally cannot be duplicated.

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    420 Member Grower5280's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    Quote Originally Posted by StinkFinger View Post
    More of a reason to get lawyers involved. Where are all the legal challenges that need to play out in courts?

    Where are the petitions to pressure the HHS to review their stance?

    We're hearing more and more about busts in California, but where are the cases to determine the outcome?

    Now more than ever we need these issues to be worked through the courts. (With liberal judges, of course, ;-)




    Fed law "trumps" state laws.





    SF

    No...SF, Fed law does not rump state law. It's called the 10th Amendment to the US Constitution, and more and more states are, finally, putting the Feds on notice. I hope it's ok to post a couple links for you to get more info on this.

    This is a video with a Senator explaining the 10th Amendment.

    You should also check out: Tenth Amendment Center| Tenth Amendment Talking Points .

  10. #10
    420 Member StinkFinger's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    Ok, I watched the video, and quite honestly, what he's explaining is how THESE 20 States WANT to present the argument that state's rights should be supreme under the 10th Amendment. The title of the video, clearly states that, 20 + States Declaring Sovereignty Under the 10th Amendment!!!.

    It doesn't mean that his position is correct. I present what is currently on the "books" and has been determined via the court system.

    This discussion could get "hairy" and I don't want it to turn that way, but I'm pretty sure what you've posted is not correct. Albeit an opinion or an interpretation. And I respect that.

    Respectfully,
    SF

    Article VI, Section 2.

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
    According to the Supremacy Clause (Article VI, section 2) of the United States Constitution,

    The Laws of the United States ... shall be the supreme Law of the Land; ... any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

    As the Supreme Court stated in Altria Group v. Good, 555 U.S. ___ (2008), a federal law that conflicts with a state law will trump, or "preempt", that state law:

    Consistent with that command, we have long recognized that state laws that conflict with federal law are “without effect.” Maryland v. Louisiana, 451 U. S. 725, 746 (1981)
    Last edited by StinkFinger; 03-05-2010 at 03:13 PM. Reason: Typo

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    420 Member Grower5280's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    Thanks to the 10th Amendment Center for these talking Points. Tenth Amendment Center| Tenth Amendment Talking Points

    1. The People created the federal government to be their agent for certain enumerated purposes only. The Constitutional ratifying structure was created so it would be clear that it was the People, and not the States, that were doing the ratifying.

    2. The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government, and also that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States. The rest is to be handled by the state governments, or locally, by the people themselves.

    3. The Constitution does not include a congressional power to override state laws. It does not give the judicial branch unlimited jurisdiction over all matters. It does not provide Congress with the power to legislate over everything. This is verified by the simple fact that attempts to make these principles part of the Constitution were soundly rejected by its signers.

    4. If the Congress had been intended to carry out anything they claim would promote the “general welfare,” what would be the point of listing its specific powers in Article I, Section 8, since these would’ve already been covered?

    5. James Madison, during the Constitutional ratification process, drafted the “Virginia Plan” to give Congress general legislative authority and to empower the national judiciary to hear any case that might cause friction among the states, to give the congress a veto over state laws, to empower the national government to use the military against the states, and to eliminate the states’ accustomed role in selecting members of Congress. Each one of these proposals was soundly defeated. In fact, Madison made many more attempts to authorize a national veto over state laws, and these were repeatedly defeated as well.

    6. The Tenth Amendment was adopted after the Constitutional ratification process to emphasize the fact that the states remained individual and unique sovereignties; that they were empowered in areas that the Constitution did not delegate to the federal government. With this in mind, any federal attempt to legislate beyond the Constitutional limits of Congress’ authority is a usurpation of state sovereignty – and unconstitutional.

    7. Tragically, the Tenth Amendment has become almost a nullity at this point in our history, but there are a great many reasons to bring it to the forefront. Most importantly, though, we must keep in mind that the Founders envisioned a loose confederation of states – not a one-size-fits-all solution for everything that could arise. Why? The simple answer lies in the fact that they had just escaped the tyranny of a king who thought he knew best how to govern everything – including local colonies from across an ocean.

    8. Governments and political leaders are best held accountable to the will of the people when government is local. Second, the people of a state know what is best for them; they do not need bureaucrats, potentially thousands of miles away, governing their lives. Think about it. If Hitler had ruled just Berlin and Stalin had ruled just Moscow, the whole world might be a different place today.

    9. A constitution which does not provide strict limits is just the thing any government would be thrilled to have, for, as Lord Acton once said, “Power tends to corrupt, and absolute power corrupts absolutely.”

    10. We agree with historian Kevin Gutzman, who has said that those who would give us a “living” Constitution are actually giving us a dead one, since such a thing is completely unable to protect us against the encroachments of government power.

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    420 Member MedicalNeed's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    Technically the US is a "Corporation" so the so called laws are actually Corporate Statues.


    This 10th Amendment thing is going to play out soon with the gun laws.
    So at that point we will see the Fed forfeit power or loose a lot of states from the Union. IMO
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    420 Member StinkFinger's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    Oh man. This sounds like F-x News Channel stuff that you're posting. Obviously with a title called "Talking Points" these are people and opinions on how THE WAY THEY WANT STUFF, but it's not fact, and it's not the way it is. You can debate almost anything, but the fact of the matter is that FED Law does Trump State Laws.

    I know we're all just trying to be as factual as possible. When you opened the door by saying I was not correct, I'm forced to reply.

    I'm backing off this thread and other members can decide individually.

    Have a great weekend!

    SF

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    New Member Hieroglyph83's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    [QUOTE=StinkFinger;1001218]Oh man. This sounds like F-x News Channel stuff that you're posting.

    S--t i hate Fox news and i hate tea baggers, and I hate most of all how I found something I can agree with them on.

    I think the federal government is overall ok except for the part that was corrupted under the Nixon Administration and lead to the war on drugs. This war on america has caused pain and suffering, in my opinion, equal to that of slavery.

    If CA legalizes marijuana later this year, I think that a pandora's box might be opening...

  15. #15
    420 Member StinkFinger's Avatar
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    Re: Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

    Quote Originally Posted by MedicalNeed View Post
    Technically the US is a "Corporation" so the so called laws are actually Corporate Statues.
    Never heard that one. Can you cite a reference?

    Quote Originally Posted by MedicalNeed View Post
    This 10th Amendment thing is going to play out soon with the gun laws.
    What do you mean? The feds will probably allow much looser gun laws as challenges pass through the system. (Chicago vs. US) 5 of the 9 Justices on the Supreme Court lean heavily to the right. But that's the 2nd Amendment.

    Quote Originally Posted by MedicalNeed View Post
    So at that point we will see the Fed forfeit power or loose a lot of states from the Union. IMO
    Won't happen in our lifetime bro.

    SF

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