Friday, December 19, 2014


FRI.19Dec2014  Affiant Glaucoma Victim must also try Med.Cannabis

Okla., Neb. Sue Colo. Over Marijuana Law

Oklahoma and Nebraska are suing Colorado over its legalization of marijuana, and the U.S. Supreme Court gets to be the first court to hear it.
The complaint filed Thursday claims that under Colorado's new marijuana scheme, the state has created "a dangerous gap in the federal drug control system" and has allowed the drug to flow into neighboring states. According to The New York Times, law enforcement on the borders of Colorado have complained that marijuana arrests are stretching jail budgets too thin.
What is the legal argument against Colorado's law and why is this issue before the Supreme Court?
Federal Drug Law Pre-emption
Federal prosecutors have been taking a lax enforcement view of legalized marijuana in many cases, despite the fact that it is still illegal under federal law -- regardless of state legalization.
Both Oklahoma and Nebraska claim that Amendment 64, the Colorado law legalizing recreational marijuana in the Rocky Mountain State, is unconstitutional because it is pre-empted by federal drug law. The Supremacy Clause of the Constitution makes federal law the ruling law of the land in matters which are under the federal government's control. The complaining states argue that pot regulation was well within the realm of the federal government, so the conflicting Amendment 64 must be struck down.
And why does this case get to go straight to the Supreme Court? The High Court has original jurisdiction over suits between two or more states, meaning it won't have to hear this pot case on appeal.

Ask a Lawyer Online Now

Posted: 15 Dec 2014 12:09 PM PST
The case of Madison mom Angela Brown, who gave medical cannabis to her brain-injured son in advance to the implementation of Minnesota's law legalizing its use under tightly regulated circumstances, has received statewide and national attention.
West Central Tribune staff writer Tom Cherveny reported Thursday in Defense attorney to seek dismissal of criminal charges against mother who gave son medical cannabis:
A Lac qui Parle County case that has attracted national attention in the debate over medical cannabis returns to court next week.
Angela Brown, 38, of Madison, will appear Wednesday morning in District Court in Madison for a hearing on two gross misdemeanor charges: endangering a child − permitting to be present when possessing a controlled substance and contribute to the need for child protection or services.
She is accused of giving her 15-year-old son Trey medical cannabis to treat his pain from a traumatic brain injury.
Her attorney announced Thursday that he will enter motions to dismiss the charges against her during the hearing. Michael R. Hughes, of Bend, Oregon, said he will file one motion arguing that there is not probable cause for the charges against her. The second motion will argue that the court should dismiss the charges “In the Interest of Justice,’’ according to a news release issued by Hughes on Thursday.
Angela Brown has appeared on the national television show “The View” and both state and national news programs. There is an online petition asking that the charges be dismissed. . . .
The online petition may be viewed (and signed by those who agree) here. According to a press release from Minnesotans for Compassionate Care, the petition will be delivered to Lac qui Parle County Attorney Rick Stulz on Tuesday:
On Tuesday at 10 a.m. CT, patient advocate Patrick McClellan of Minnesotans for Compassionate Care will deliver a petition with close to 9,000 signatures to Lac qui Parle County Attorney Rick Stulz, calling on his office to drop charges against Angela Brown.
Brown is scheduled to appear in court on Wednesday to face charges of child endangerment for treating her son, who suffers from a traumatic brain injury (TBI), with medical marijuana oil.
In May, Gov. Mark Dayton signed a medical marijuana bill into law that allows Minnesota residents suffering from certain conditions to access medical marijuana oil if their doctors recommend it. The law does not take effect until July 2015.
“The charges that have been brought against Angela Brown are not just serious, but outrageous,” McClellan said. “This is a mother who is being punished for treating her son with a product that is now recognized as medicine in the State of Minnesota. Ironically, helping her son has led to child endangerment charges that are hurting her son and their family.
“An overwhelming majority of Minnesotans support laws that allow access to medical marijuana. Our legislature approved one, and the governor signed it,” McClellan said. “The County Attorney Office’s actions are unnecessary, unreasonable, and out of touch with Minnesota values.”
According to a Facebook event page, Brown's supporters are also planning a peaceful gathering of support for Brown at 9:00 a.m on Wednesday:
The hearing is set for 10:00 a.m. on December 17th at the Lac Qui Parle County Courthouse. If you plan on attending, plan on meeting at 9:00 a.m. in the parking lot. The court has denied 20/20 access to this hearing. I need to say that this is a silent/peaceful protest showing that we are in agreement that Angela Brown did not neglect/abuse her child.
Lutefisk Capitol of the USA and former home for poet Robert Bly, Lac Qui Parle County seat Madison is located halfway between the equator and the North Pole, according to the website for the city of 1,551. It's a 3-hour drive from Minneapolis-- or a 2-hour drive on a good day to St. Cloud, where the legal medical marijuana distribution center nearest to Madison will be located.
Photo: Angela Brown and her son. Via the online petition.
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