peanutbutter Posted August 9, 2011 Report Share Posted August 9, 2011 http://weedpress.wordpress.com/2011/08/08/lawsuit-against-state-of-iowa-challenges-constitionality-of-controlled-substances-act-seeks-to-completely-deschedule-cannabis/ Lawsuit Against State of Iowa Challenges Constitionality of Controlled Substances Act, Seeks to Completely Deschedule Cannabis Posted by jsnsoc8 ⋅ August 8, 2011 ⋅ 1 Comment Filed Under Cannabis, Controlled Substances Act, Carl Olsen, Iowa Legislature, iowa medical marijuana, Schedule I, Descheduling This June, Carl Olsen filed a lawsuit against the State of Iowa for failure to remove cannabis from Schedule I. Read the lawsuit here. After asking for an extra 30 days to reply to the lawsuit’s constitutional allegations against the State of Iowa, the Iowa Attorney General’s Office filed a motion to dismiss the case. Read the state’s motion to dismiss the lawsuit here. Today, petitioner Carl Olsen responded to the state’s motion to resist. In his brief today, Olsen shot down the State’s feeble attempt to dismiss a legal question that has been a long time coming: Does cannabis have “accepted medical use,” “in the United States?” In 1971, the Iowa Legislature placed marijuana in Schedule I, a Schedule that says that marijuana has “no accepted medical use.” Olsen is arguing that the Full Faith and Credit Clause of the United States Constitution requires Iowa to acknowledge that cannabis is misclassified in Schedule I, as the requirement of “accepted medical use” that the Legislature set in 1971 has been met, “in the United States.” Citing the 16 state medical marijuana laws (and D.C.), Olsen argues that 16 state laws (and the District of Columbia) requires the state of Iowa to remove marijuana from the Controlled Substance Act, “because controlling facts have changed significantly since 1971.” If Olsen has his way, cannabis will be completely removed from the Controlled Substances Act. Read today’s filing here. Quote Link to comment Share on other sites More sharing options...
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