Feds: Theres' No Medical Marijuana Except Our Medical Marijuana

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
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: 420 Magazine - Cannabis Culture News & Reviews
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
 
seems contradictory to say there is no medicinal value but yet hold a patent for medicinal purpose.
 
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.
 
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.
 
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?
 
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, ;-)


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
 
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.
 
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.
 
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.

YouTube - 20 + States Declaring Sovereignty Under the 10th Amendment!!! Pennsylvania State Rep Sam Rohrer This is a video with a Senator explaining the 10th Amendment.

You should also check out: Tenth Amendment Center| Tenth Amendment Talking Points .
 
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)
 
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.
 
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
 
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
 
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...
 
Technically the US is a "Corporation" so the so called laws are actually Corporate Statues.

Never heard that one. Can you cite a reference?

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.

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
 
Yes I also believe that the Feds to will allow looser Gun laws (to stop states from bailing on the Union) but once they do that then it will apply to Medical Cannabis and all other issues right across the board.
The use of the 10th amendment thing. In this way.


Here is a vid on You Tube with more about what I am referring too.
YouTube - UNITED STATES is a Corporation - There are Two Constitutions

Once you grasp the concept one can see their reasoning and the fact that this will affect more than just guns.
I am predicting the Supreme Court to deny the case or to keep postponing it for as long as people will stand for it.


Here are some links about the fact that the US is a Corporation.
USA.gov: Independent Agencies and Government Corporations
Corp US
YouTube - Broadcast Yourself.

The Statue remark is a way to make people think about it in the manner that it should be.



I do not know how to link the You Tube vids but the gun one should be linked up.
 
Do you listen to Art Bell? Coast to Coast Radio?

When I asked for some references, I had no idea you were going to submit some videos that someone or some organization put together. I thought you were going to cite some constitutional reference.

Another one of your references is from a site that's located in Australia, not hardly an organization I would tend to rely on. The site is heavy on conspiracy theories.

I know you may have an opinion, and that's great, but really the facts are plainly stated in our constitution and not based on theory.

Convoluting the facts really hurts the cause.

SF
 
I understand what your stating and your right.

There are a lot of different ideas surfacing on these issues.

All I was attempting to do is to give you some information that may coincide with your other ideas.

I am not attempting to lessen your point only to encourage your position and to maybe give points people haven't thought of or knew to also apply with existing points.

You state that the facts are clearly stated in the Constitution.

So which Constitution are you referring to the "Organic" one or the recent one politicians have used as toilet paper since 1871?

Until the US address all these issues there will be endless discussion on matters of these types.

I for one think that it will all need to be used combined to make the change happen, piece by piece and the Feds just use the stupid interstate commerce thing to control everything.

So until the States make the stand such as the one above it really is just a vicious endless circle with no real progress is made.


NOT one state has real Medical Cannabis, Real as in patient protections, for jobs and etc.

So I hope you can understand my point.
As I welcome your points and information.


I know the links I gave sucked, hehe
but I am working on other things at the moment and was just kinda jumping in to make a few points that I thought maybe you all could use in the future.

It's more about discussions to me rather than trying to be "Right" I am here to learn and do my part in making Change.
 
:bump: MN!

I'm down with you. I'm a pretty open person when it comes to ideas. I do lean left, on the pol spectrum. It's going to take a lot of debate to bring MJ issues to the forefront. But I think we have a great start! (14 states with Medical MJ on the books)

I'm just passionate about trying to make progress within the framework that has been established. Basically we have to play the game that's been setup and the inning that we're currently in. I think one of the quickest ways are propositions like California is doing, electing the proper officials, MJ awareness and education, reclassification of MJ by HHS, and legal challenges against current injustices that are taking place. Money for the cause would probably also help significantly!

It's all good. Thanks for taking the time to compose your last message. Means a lot that I'm not talking to a "wall".

Have a great weekend!

:peace:
SF
 
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.Article VI, Section 2.

Quote:
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.
Quote:
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)

Which was amended by amendment 10 - Powers of the States and People. Ratified 12/15/1791.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Just because some Judges, who have a vested interest in the federal government having power, "ruled" the wrong way in some court case doesn't make them right. The part "nor prohibited by it to the States" is what those 20+ states are using. They are exercising their right, granted by their creator, but enumerated in the 10th amendment to prohibit certain powers. This whole mindset of central planning and big government is completely opposite to what the framers had in mind for a free society. We don't need governments to run our lives and the sooner people see that the better. I am a proud anarchist btw, but i am willing to compromise a little as i am aware that many people can't think for themselves and must be told what to do like children:ganjamon: That's just imho though so don't take it to seriously. I'm not on this site to argue politics, i go other places for that.:peace:

PS: Anarchy is from the latin meaning an=Without, archy=Ruler
 
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