MARIJUANA RESCHEDULING MEETING

[sandybarr]

This will not pass because there will be a red haired red faced idiot there named Sean Peyton to make sure the pharmacy board makes a political decision.Your assessment is corect,law enforcement and lawyers don't want this to happen so they will be on the horn to Peyton to make sure he scowls down the board to let them know they will be fired if they pass this.

I will make it a point to rough Peyton up if he gets involved again.Last time he jumped right in,and I didn't know who he was or what he did.Now I know all about him and I will undress him in front of the board and on tape.
I the couts however they have to rule on the law,and the law is on my side.

The state adopted a mirror federal policy,so they had to give the pharamcy board the same authority to add or remove ,so the state could police controlled substances.They are stuck.I know what they are going to say.
They are going to say that 69.50.204 is a law and they can't change that law.They will point to another ruling that was made on changing laws by the legislature.I will point to 69.50.203 which is also a law..that they have to obey.When the courts get a hold of this they will have no choice but to rule on 69.50.203.

The state can't change 69.50.203 because then the state CSA wont mirror the federal CSA and the feds will have to pay for all the enforcement.

The feds cant require Washington State to do anything because of the anti commandeering doctrine.They can notget police power over the states thru any ruling even the commerce clause ruling.

The average person doesn't know how screwed they are.They can't keep it schedule 1 because of the schedule 1 test,nor can they get it ibnto any schedule because so much has changed since it was put into schedule 1,That is why the have been ignoring the schedule 1 test for the last 12 years.

The state can rechedule add or remove.They can do anything the feds can.All the feds can do is threaten to pull federal funding,and I am not sure Obama is going to pull that crap.

The Governor has agreed to enforce a federal drug control policy when she agreed to run the state national guard counter drug program.The Lt Governor has signed the same thing,along the the WSP and county sheriffs.

However not every legislator is an ex cop or lawyer.I have found many that support what I am doing.There are legislators that hope I win so we can get the revenue without them having to risk taking a stand and losing votes.They are watching to see if the board is fired for what decision they make.This is going to be interesting.

I am going to enjoy carving up Peyton on Thursday

[sandybarr]

The petition failed with the BOP,things got a bit testy at the meeting.Steve Sarich Keye Pethe and a lady by the name of magic showed up to support the petition.Testimoney was fiery and spirited to say the least.The pro side was as well represented all things considered for a meeting at 10 am on a weekday.They never did answer why they could ignore the schedule 1 test.They ran on about issues regarding rescheduling and did not address the repeal.

now it is on to the appeal to the Governors office.

[gypski]

Well Sandybarr, since this is a hand-banger issue, why aren't the leaders you trash or yourself writing up an initiatve to get things done? Like legalizing co-ops or pot shops (they would weed themselves out [no pun intended]), legalize recreational use, tax recreational and medical tax-free. Put before the voters what the politicians refuse to do. Solve it all in one fell swoop, and King County would assure its passage. :thumbsup:

Post us a draft of your ideas so we can look them over. :jointsmile:

BTW, how did you and Steve get along today?

[sandybarr]

With the Iowa courts ruling on the issue of the schedule 1 test,the fastest way to end this BS is to get a ruling from a Judge that marijuana doesn't belong in schedule 1.

Hempfest has to move back their event to allow us to gather enough signatures to get on the ballot.I think an initiative will pass if we can gather 300,000 signatures.That could be done at hempfest.

Good luck with that

Anyway I did my part,and others showed up to get in some blows with me,and I wasn't about to stand in their way..That was cool.

Iowa Court Orders Pharmacy Board To Consider Medical Marijuana

--------------------------------------------------------------------------------

The American Civil Liberties Union of Iowa, announces today that it has secured a court victory in its quest to have marijuana considered for medical use in the State of Iowa. Polk County District Judge Joel D. Novak ruled that Pharmacy Board had to consider whether marijuana is improperly classified as a schedule I controlled substance under Iowa law and directed the Board to consider only one criteria when it makes its decision.

Currently, marijuana can be used legally under medical supervision in at least 13 states for relief of severe nausea, pain spasms, and other debilitating symptoms brought on by such diseases as cancer, multiple sclerosis, and AIDS. Proponents of medical marijuana contend that the substance is often much more effective, and has fewer side effects than outrageously priced prescription drugs that attempt to mimic marijuana's known therapeutic effects.

In Iowa, however, marijuana has been kept on the list of substances that have "no accepted medical use in treatment in the United States." As such, it is subject to even more control than supposedly "harder" drugs like cocaine, methamphetamine, and opiates. In the ruling announced today, a Polk County Judge rejected the Iowa Pharmacy Board's position that it could not approve use of marijuana under medical supervision until the ACLU's clients proved that marijuana "lacks a high potential for abuse."

Under Iowa's controlled substances law, drugs and other substances are listed on schedules according to their utility in medicine and dangerousness to the public. The Iowa Board of Pharmacy is charged with the responsibility of periodically reviewing the scheduling of substances and with making recommendations for rescheduling to the legislature when a substance no longer meets criteria for listing on its current schedule.

The Petitioners in this action, Carl Olsen, George McMahon, Barbara Douglass, and Bryan Scott, petitioned the Pharmacy Board for a recommendation that marijuana be removed from Schedule I because it no longer met the required criteria of having no accepted use in medical treatment in the United States. The fact that marijuana is now legally used for medical purposes in 13 states could not be ignored by the Pharmacy Board, they argued.

At its July 29th, 2008 meeting, the Pharmacy Board balked at the suggestion that it should review the status of medical marijuana as required by statute based on its desire to see the federal government take some action first. The Petitioners, some of whom have been waiting for decades to obtain a similar decision at the federal level, pressed their case and the Pharmacy board issued a ruling on October 7th, 2008 requiring the petitioners to prove as an additional criteria that marijuana "lacks a high potential for abuse." It was this ruling that was appealed to the Polk County District Court.

Petitioner Carl Olsen is a well known marijuana activist. Petitioners McMahon and Douglass are two of the last three or four persons in the country who are enrolled in the federal "Investigational New Drug (IND) Compassionate Access Program" under which they receive marijuana grown by the federal government to use to alleviate their medical conditions under the supervision of a physician. In 1992 the George H.W. Bush administration closed the program to new patients when it became clear that a large number of AIDS victims were turning to marijuana for relief of their symptoms. Outside of the federal program, marijuana has not been legally used in Iowa for medical purposes since prior to the 1930's when it was recommended by physicians for an number of ailments.

The judge in this case was the Hon. Joel D. Novak. The attorneys were Scott Galenbeck from the Iowa Attorney General's office, representing the Board of Pharmacy, and Randall C. Wilson, Legal Director of the ACLU of Iowa Foundation, representing Petitioners, McMahon, Scott and Douglass. Carl Olsen appeared pro se.

A copy of the Court's ruling is attached to electronic versions of this release.


I was happy with Steve's support.He did a good job.I did a good job of not standing in his way out of spite or personal beefs.

[gypski]

Since MMJ IS LEGAL in Washington State, really, co-op laws and other real decrim/legalization actions could be undertaken county by county. If the counties pass legal co-op ordinances, then they could collect any tax, and bypass the state since it is failing in its feduciary responsibilites. Education in Washington State is taking a beating and dumbing it down even more. :jointsmile:

[killerweed420]

Since MMJ IS LEGAL in Washington State, really, co-op laws and other real decrim/legalization actions could be undertaken county by county. If the counties pass legal co-op ordinances, then they could collect any tax, and bypass the state since it is failing in its feduciary responsibilites. Education in Washington State is taking a beating and dumbing it down even more. :jointsmile:

Then we'll end up like Cali. It should be a state wide referendum and the counties and cities should not have the right to alter it.
Think Tim Eyeman would help out with an intiative?lol

[gypski]

Then we'll end up like Cali. It should be a state wide referendum and the counties and cities should not have the right to alter it.
Think Tim Eyeman would help out with an intiative?lol

Ending up like Cali for starters isn't such a bad thing until the state gets its act together. :smokin:

[sandybarr]

County laws are subordinate to state general laws.When Ed Rosenthal was arrested for executing a city law,one of the decisions the court made was that the city law conflicted with the state law.So in order for the county or City to be able to adopt any versions of law,the state charter authority requires that the state law specify that the county,and city can make their own laws.

Home Rule Charter County Authority

Home rule charter counties have broad authority to provide for purely local governance issues. The state supreme court has ruled, however, that, under the state constitution, county home rule charter rights are subordinate to express state law requirements that go beyond matters of local concern. The court has concluded that the state constitution expressly relegates county home rule charters to an inferior position vis-a-vis "the constitution and laws of this state" where the matter involves public policy of broad concern, expressed in general laws. For example, the state supreme court has concluded that home rule charter counties are free to provide a different time for election of county officers. However, they have also held that ordinances enacted to implement a county's comprehensive land use plan as required by the Growth Management Act cannot be subject to amendment or repeal by referendum power granted in a county's home rule charter.

After adoption of a charter, the powers, authority, and duties of county officers provided for by state law are vested in the county legislative authority, unless the charter expressly assigns powers and duties to a specific officer. The duties of the board of county commissioners and other elected officers may also be modified by charter. The board of commissioners and other elected officers may be entirely replaced, subject to certain restrictions.

Link for JM

Home Rule in Washington State

We are again at the mercy of a state legislature that is too afraid to stand for something other than put jobs in the blue page section of the phone book.
That is why resceduling and forcing the BOP to apply the schedule 1 test was ,and is the fastest way to empty the manure out of the policy bin.

If me or anyone else can raise 10,000 bucks by July and hire a heavy hitter to take this case case to court,we are close enough to the hoop to slam dunk this baby.

That Iowa ruling really helps with this petition

[sandybarr]

That is why my referendum put into the law City county or municipality.
That way the county's can develop their own ordinances,and the would not conflict with state laws.

[killerweed420]

I don't want cities or counties to enact there own ordinances. I would rather that it be a state wide ordinance