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08-09-2009 04:00 PM
While states like Michigan, New Mexico and Rhode Island have recipriocity for out-of-state medical cannabis patients, to date NORML was not aware of a AUSA recognizing such (though, on occasion, we’ve seen the Transportation Security Administration (TSA) not act upon medical cannabis patients caught with small amounts of their medicine). This may well be another change under the current Obama administration as both the Clinton and Bush 2.0 administrations prosecuted state authorized medical cannabis patients caught up in federal arrests.

PRESS RELEASE ? AUGUST 2, 2009 ? FROM JOHN MCCALL, ATTORNEY

On June 30, 2009 in the Federal District Court of New Mexico, Assistant US Attorney John Anderson agreed, on the record, to Honor the Medical Marijuana Recommendation of Charles Smith of Shasta Lake, California. Federal District Court Magistrate Judge Lorenzo Garcia further agreed to accept the State?s proposed recommendation of a Conditional Discharge upon provision of Mr. Smith?s Medical Marijuana Recommendation to the US Attorney?s office. This historic moment occurred during the federal Government?s prosecution of cases related to the Annual Rainbow Gathering that occurs in different states around the country and involves a large Federal Law Enforcement presence. The cases were prosecuted as civil collateral forfeitures and the records have been transferred to the Central Violations Bureau for the Federal Government. Five Medical marijuana recommendations were honored including those from Wyoming, California, Hawaii and Washington State. This is the first time in modern history, in which it is known that the US Attorney and the Federal District Court agreed to accept medical marijuana recommendations and licenses in order to dismiss marijuana possession charges.

This historic series of events followed the filing of a law suit by Bryan Krumm of New Mexicans for Compassionate Use in New Mexico Federal District Court in 2008. During those proceedings members of New Mexicans for Compassionate Use were able to speak to Justice Department representatives about the statements in March of 2009 by Eric Holder, US Attorney General, that medical marijuana would no longer be prosecuted. After this conversation in May of 2009, Attorney General Holder came to New Mexico in June of 2009 and again gave a public presentation on the matter stating that legally established medical marijuana distribution operations and legally sanctioned medical marijuana users (all under state laws), would not be prosecuted by the Federal Government. During the proceedings it was revealed that the AUSA?s prosecuting the cases in New Mexico told Defendants that they were not returning the medicine and that they would be prosecuted if they were caught with Marijuana in the National Forest again. During discussions with the US Attorney and his Assistants at the Court, long time Federal Criminal Defense Attorney Judy Rosenstein discovered that the US Attorney for New Mexico, Gregory J. Fouratt, was not involved in that decision to impose conditions on the Defendants.

Contact Attorney John McCall for more information on this case. Charles Smith has given permission for this information to be released to the public and is available, somewhere in the woods around Shasta Lake, if you want to find him and talk to him about his experience.

You can go to Youtube Lisa Law for video of the Rainbow Gathering and Law Enforcement activities.

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The fact that we are seeing this type of action from the Federal Government, in my opinion, is a gradual acceptance of the legalization of Medical Marijuana on a federal level. After that and our politicians realize that the sky hasn't caved in nor are we seeing addiction problems as seen after the Civil War, morphine addiction (the soldiers disease,) when you could legally purchase Heroin through the Sears Catalog from Bayer Pharmaceuticals our politicians will see that marijuana benefits rather than harm's its user's. Science exists proving this. Hopefully they will see the financial benefits from ending Marijuana Prohibition. If they don't then we need to replace them. Just like ending Alcohol Prohibition, the end of Marijuana/Hemp Prohibition would bring a windfall of cash for both the federal and state government's. The prejudice against marijuana is waning as the "Reefer Madness" generation dies off. There is an on-going class action law suit against the makers of Reglan/Metoclopramide which my digestive specialist prescribed for chronic nausea control due to Diabetic Neuropathic Gastroparesis (paralyzed stomach.) As my doctor handed me the Reglan/Metoclopramide prescription he said, "Do not take Reglan on a regular basis for it causes irreversible Parkinson like shakes and tremors." WHAT!!! Hey I already have one lifelong disease I do not want another one. So we tried Marinol...it did not help me one iota. Yet inhaled marijuana vapors gives safe (safe described as 'not leaving any lifelong side effects or death') immediate relief from chronic nausea and vomiting with no serious side effects. Regular use of Reglan/Metoclopramide, though rarer, also causes "Neuroleptic Malignant Syndrome" which is fatal. Marijuana poses no threat to one's health be it smoked, vaporized or eaten. Synthetic THC i.e. Marinol & Cesamet have unhealthy side effects not found in marijuana, even if smoked. Even though the Iowa Board of Pharmacy denied Carl Olsen's petition to remove marijuana from Schedule I, they have scheduled four hearings in the next four months to get input from medical professionals, patients, law enforcement and citizens. They are only doing this because Judge Novak ordered them to address Carl Olsen's petition to remove marijuana from Schedule I. The Pharmacy Board said, "We cannot change marijuana's Scheduling until the federal government does." WRONG! Said Judge Novak and ordered the IBOP to address Carl's petition to remove marijuana from Schedule I. After the four hearings the IBOP will give a recommendation to the Iowa legislature regarding SF 293 Medical Marijuana for Iowa in 2010. If you want medical marijuana for Iowa visit the Iowa Board of Pharmacy website to find out the date, time and location of these hearings. Then show up with a type written report on how Medical Marijuana helps you. If time won't allow you to read your story you will be able to have it stamped, dated and accepted by the Pharmacy Board. You can also email your story to the IBOP if you cannot attend one of the hearings. To stay up to date about marijuana laws in Iowa watch/listen to "Carl's Cannabis Corner" internet radio show on mac'sworldlive.com, from Noon to 2 pm every Saturday. Later in the day the show will be archived so you can check it out at your convenience. Also you can call in and be a part of the show. Help us help those who suffer from illnesses/symptoms that Medical Marijuana helps to safely control. Peace and health to all.

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Legalize Cannabis now! Peace be with you...