Dear Everyone;
While the intent of the rally is to protest the courts refusal to
acknowledge purported violations of due process and clarifying
agency jurisdiction the time and energy expended could be put to
better usage.
Specifically, having enabling joint House and Senate legislation to
allow Medical Marijuan Users under a medically directed program by a
licensed physician.
Until such time as such legislation is passed allowing this any
other attempts to stop the DEA or the DOJ is Puff the Magic Dragon
blowing smoke in the wind.
I also direct your attention to the following URL site. It is on the
DEA web site and has the Controlled Substances Act of 1970 in all
its bureacratic glory and meanderings. In it it addresses
registration and who has to register and why and under what
conditions. I recommend reading it over before proceeding further on
the registration question.
http://www.usdoj.gov/dea/agency/csa.htm
Secondly, the authors of the short and long versions of the problems
with registration at the web site of http://www.commonsenselaw.com
allow they are not attorneys. So their description of what the
problem is about the law and registration and jurisdiction and what
basis was used in enacting the law and what precedents were used are
not qualified legal opinions.
The law as written covers a bunch of chemical and organic mind
bending and physically effecting drugs not just marijuana. One of
the listed drugs is testersterone. So if you are a guy and are
looking to put a little bit more of the tiger in your tank watch
out. You could get arrested for using it.
For a true rendering of the Drug Law and its registration
requirements and the impact on non-registrants and jurisdiction for
prosecution you need an attorney well versed in both federal
criminal drug and constitutional law.
Otherwise, methinks thou doesn't protestest enough.
The best thing is to get all drug laws repealed and save the
taxpayers a couple billion dollars a year in wasted tax money and
needless incarceration of Drug War prisoners and their prison
maintenance costs.
Ron Getty
SF Libertarian
--- In lpsf-discuss@yahoogroups.com, Starchild <sfdreamer@e...>
wrote:
What: A federal rally to protest the violation of due process of
medical
marijuana patients. The federal courts have failed to rule on
several
motions for patients regarding lack of Federal Agency jurisdiction.
Who: Americans for Safe Access of Sonoma County in conjunction
with
Common Sense Law
When: Monday, September 12, 2005, Begin gathering at 11:30 AM
Where: Participants will meet in front of the Federal Building
which
houses
the Federal District Court, 450 Golden Gate Avenue, San Francisco,
and
walk
to 9th Circuit Court of Appeals at 7th and Mission.
For further information, email commonsenselaw@y... , visit
www.commonsenselaw.com, or call (707) 838-2881.
(Note, Ed Rosenthal's 9th Circuit appeals hearing is the next day)
-----------------------------------------------------------------
Background from Common Sense Law:
We want the legal issue raised in at least two cases to be ruled
on and
not
to be continually ignored. The issue effects every patient
including Ed
Rosenthal - as it is about the federal agency (DEA, DOJ) lacking
jurisdiction over the patients.
I am attaching our Federal Law on Medical Marijuana. One is a
short
2-pager, the other a 4-pager. Read what fits your time. This is
more
basic
than Raich arguments.
And we have public records through Keith Alden's case and appeal
to
prove
the violation of his right to due process, which is also denied
every
other
patient arrested by the DEA. The DOJ, DEA and courts will
continue with
this fraud unless We speak out and hold them accountable.
This is the opportune time, as Keith Alden petitions the 9th
Circuit
to
rehear his appeal, since they misstated his written argument in
order
not to
rule on the issue of federal agency jurisdiction over patients.
And we
have
an attorney who has put forth the same issue in a motion in the US
v.
Landa
case - something that Keith was told in a closed hearing in the
9th
Circuit
that an attorney would never do - but it did!
Jurisdiction can be brought up at any time, including for those
who
entered
plea bargain contracts. We have available a pro se motion for
patients
who
have been arrested or convicted for alleged violation of Federal
law on