litespeed
01-07-2006, 02:34 AM
just sent this to all the politicians you can too, it tacks a little to do so you can do it allso, or just your own.
[The Federal Food, Drug, and Cosmetic Act of 1938] ("the FDCA"), 21 U.S.C. §301 et seq.,
is designed to protect public health by regulating "new drugs" that are intended for use in interstate commerce.
Barnes v. United States, 142 F.2d 648 (9th Cir.1944); United States v. Kordel, 164 F.2d 913 (7th Cir.1947);
United States v. Two Bags, Poppy Seeds, 147 F.2d 123 (6th Cir. 1945). There exists, however, a "grandfather"
clause which exempts certain old drugs from this "new drug" status. 21 U.S.C. §321(p)(1); United States v. Rutherford,
442 U.S.544, 546-48 (1979); Rutherford v. United States, 541 F.2d. 1137, 1140-42 (10th Cir.1976) (reversed on
other grounds, 442 U.S. 544).
As explained by federal regulators, when Congress revamped the FDCA in 1939,
it "accepted those drugs marketed prior to 1938 which had been subject to the 1906
provisions of the FDCA [requiring drugs to be identified in recognized medical authorities
such as the National Formulary, United States Dispensatory, Pharmacopeia of the United States,
or other similar sources] provided these very old drugs retain their exact formulations and are
never promoted for new uses." 57 Fed.Reg. 10499, 10503 (1992) (citing 21 U.S.C. §321(p) and (w)).
As further explained, these pre-1938 drugs "are politically 'grandfathered' drugs" and "need not meet
modern standards for safety and effectiveness." Ibid; United States v. Rutherford, 442 U.S. at 546-48;
Rutherford v. United States, 541 F.2d. at 1140-42.
As will now be shown, marijuana is one of those "very old drugs" that was grandfathered in as a
medicine back in 1938. Marijuana (more commonly known as cannabis) was widely recognized for its
medicinal use in the medical journals of that time, and brand-name companies, such as Parke-Davis and Eli Lilly,
were cultivating "home-grown cannabis" and selling the "flowering tops" of the plant for use in the treatment of
illnesses such as anorexia, chronic pain, spasticity, and nausea.
B. "Medical Marijuana" Is A Bona Fide Medicine
Within The Meaning Of The Grandfather Clause Exemption First, it bears emphasizing that federal regulators
readily recognize "medical marijuana" as an authentic pre-1938 medicine:
"Cannabis sativa L. was one of the first plants to be used by man for fiber, food, medicine, and in social
and religious rituals. There were approximately 20 traditional medicinal uses of cannabis ... in Western medicine
from the mid-19th to the early 20th century ...In 1941, marijuana passed out of the National Formulary and the
United States Pharmacopeia." 54 Fed.Reg. 53767, 53774 (1989).
Next, recorded documents existing within private and public libraries, now located on the world-wide web,
(internet) further reveal evidence of marijuana's recognition and acceptance as medicine prior to1938.
Defendant submits the attached declaration and supporting exhibits which verifies the pre-1938 acceptance
of marijuana in the United States Dispensatory, Pharmacopeia of the United States, and Materia Medica
acknowledging marijuana's use in the treatment of pain relief, epilepsy, appetite loss, depression, vomiting,
etc., etc., etc.
See Attached -(Declaration of Edward "njweedman" Forchion).
As set forth in this declaration, companies such as Parke-Davis, Eli Lilly, Merck, and Squibb made extensive
use of marijuana for commercial medicinal purposes and not only manufactured and sold marijuana preparations,
they cultivated "home-grown cannabis" and then sold the "flowering tops" of those plants by the gram, ounce and
pounds. :thumbsup: :rasta: :cool:
[The Federal Food, Drug, and Cosmetic Act of 1938] ("the FDCA"), 21 U.S.C. §301 et seq.,
is designed to protect public health by regulating "new drugs" that are intended for use in interstate commerce.
Barnes v. United States, 142 F.2d 648 (9th Cir.1944); United States v. Kordel, 164 F.2d 913 (7th Cir.1947);
United States v. Two Bags, Poppy Seeds, 147 F.2d 123 (6th Cir. 1945). There exists, however, a "grandfather"
clause which exempts certain old drugs from this "new drug" status. 21 U.S.C. §321(p)(1); United States v. Rutherford,
442 U.S.544, 546-48 (1979); Rutherford v. United States, 541 F.2d. 1137, 1140-42 (10th Cir.1976) (reversed on
other grounds, 442 U.S. 544).
As explained by federal regulators, when Congress revamped the FDCA in 1939,
it "accepted those drugs marketed prior to 1938 which had been subject to the 1906
provisions of the FDCA [requiring drugs to be identified in recognized medical authorities
such as the National Formulary, United States Dispensatory, Pharmacopeia of the United States,
or other similar sources] provided these very old drugs retain their exact formulations and are
never promoted for new uses." 57 Fed.Reg. 10499, 10503 (1992) (citing 21 U.S.C. §321(p) and (w)).
As further explained, these pre-1938 drugs "are politically 'grandfathered' drugs" and "need not meet
modern standards for safety and effectiveness." Ibid; United States v. Rutherford, 442 U.S. at 546-48;
Rutherford v. United States, 541 F.2d. at 1140-42.
As will now be shown, marijuana is one of those "very old drugs" that was grandfathered in as a
medicine back in 1938. Marijuana (more commonly known as cannabis) was widely recognized for its
medicinal use in the medical journals of that time, and brand-name companies, such as Parke-Davis and Eli Lilly,
were cultivating "home-grown cannabis" and selling the "flowering tops" of the plant for use in the treatment of
illnesses such as anorexia, chronic pain, spasticity, and nausea.
B. "Medical Marijuana" Is A Bona Fide Medicine
Within The Meaning Of The Grandfather Clause Exemption First, it bears emphasizing that federal regulators
readily recognize "medical marijuana" as an authentic pre-1938 medicine:
"Cannabis sativa L. was one of the first plants to be used by man for fiber, food, medicine, and in social
and religious rituals. There were approximately 20 traditional medicinal uses of cannabis ... in Western medicine
from the mid-19th to the early 20th century ...In 1941, marijuana passed out of the National Formulary and the
United States Pharmacopeia." 54 Fed.Reg. 53767, 53774 (1989).
Next, recorded documents existing within private and public libraries, now located on the world-wide web,
(internet) further reveal evidence of marijuana's recognition and acceptance as medicine prior to1938.
Defendant submits the attached declaration and supporting exhibits which verifies the pre-1938 acceptance
of marijuana in the United States Dispensatory, Pharmacopeia of the United States, and Materia Medica
acknowledging marijuana's use in the treatment of pain relief, epilepsy, appetite loss, depression, vomiting,
etc., etc., etc.
See Attached -(Declaration of Edward "njweedman" Forchion).
As set forth in this declaration, companies such as Parke-Davis, Eli Lilly, Merck, and Squibb made extensive
use of marijuana for commercial medicinal purposes and not only manufactured and sold marijuana preparations,
they cultivated "home-grown cannabis" and then sold the "flowering tops" of those plants by the gram, ounce and
pounds. :thumbsup: :rasta: :cool: