Today’s show is about my trial in Polk County Iowa District Court on Friday, January 3, 2014.
Unfortunately our host forgot to broadcast the show and we were just talking into a dead mic, so I recorded this short show for today.
Last week, a caller suggested that we should decriminalize marijuana in Iowa, rather than enact a medical marijuana law. Since this idea was actually presented by Dr. Kevin Sabet of Smarter Approaches to Marijuana when he was here in Iowa on November 14, 2013, as a guest of the Office of Drug Control Policy, I immediately began to wonder if the Office of Drug Control Policy intends to file a decriminalization bill in January. So, I invited Steven Lukan, executive director of the Office of Drug Control Policy to be my guest on Carl’s Cannabis Corner on January 5, 2013. Unfortunately, Steve is only available on January 4, so we’ll pre-record the show on January 4 and play it back here on January 5.
As you may know, I intervened in ASA’s case:
I asked Steele Smith to be my guest on Carl’s Cannabis Corner today, but he wasn’t available.
The reason I wanted to have Steele as my guest is because of this website: http://www.steelescase.org/
As you can see from that website, it says he will be the first person to successfully introduce evidence of compliance with a state medical marijuana law in a federal court. You can read an article that fills in a lot of detail here:
His attorney posted that same article: http://shevinlaw.com/articles-media/steele-smith-prophet-of-pot/
Because evidence of compliance with state law in federal court is generally prohibited by Gonzales v. Raich, 545 U.S. 1 (2005), Steele’s case grabbed my attention. I tried to contact him in 2011, but I never got a response from him. I wanted to tell him that compliance with state law should be allowed as evidence because of Gonzales v. Oregon, 546 U.S. 243 (2006), and that he was missing that essential piece of the argument. Gonzales v. Raich was about a federal statute. Gonzales v. Oregon was about a federal regulation. There is a big difference in the way a federal court will evaluate those two situations. Federal regulations are not entitled to the same level of deference as federal statutes.
I talked to Steele last Wednesday, and he said he made a plea deal in his federal case and never actually presented any evidence of compliance with state law. Of course, he attributes the plea deal to his threat to make that defense in federal court. As the article above mentions, he got a good offer to plead guilty for a smaller sentence than he would have been facing if he had gone to trial.
Steele also told me that he liked my argument based on Gonzales v. Oregon, so I decided he would make a good guest for my show on Sunday, if he was available.
I also mentioned to Steele that I have a trial coming up on January 3, 2014, here in Iowa District Court. Here are the relevant documents in that case:
|04/01/2013||PETITION FOR JUDICIAL REVIEW||Carl Olsen|
|04/22/2013||MOTION TO DISMISS
|04/29/2013||RESISTANCE TO MOTION TO DISMISS||Colin C. Murphy|
|09/13/2013||PETITIONER’S TRIAL BRIEF||Colin C. Murphy|
|10/18/2013||RESPONDENT’S TRIAL BRIEF||Meghan Gavin|
|10/23/2013||OTHER ORDER MOTION TO DISMISS IS DENIED||Scott Rosenberg|
|11/01/2013||ANSWER BY RESPONDENT IOWA BOARD OF PHARMACY||Meghan Gavin|
|11/27/2013||PETITIONER’S REPLY BRIEF||Colin C. Murphy|
Today’s guest is Jonathan Narcisse, Author
Editor-in-Chief of Iowa Bystander
Publisher of El Comunicador & Iowa Fronteras
Guardian of State
A 21st Century Vision of Accountable Governance
Former Des Moines School Board Director
Youngest Inductee in the Iowa African American Hall of Fame
Former Co-Chair of the Polk County Democratic Party of Iowa
We will be talking about Michigan Senate Bill 660 with Michigan attorney Matt Abel, Cannabis Counsel, 2930 E. Jefferson Ave, Detroit, MI 48027, 313-446-2235, firstname.lastname@example.org.
SB 660 has activists in Michigan buzzing (passed in the Michigan Senate by 22-16 on November 13, 2013, and referred to the House Committee on the Judiciary). Read the Floor Summary for a description of the bill, and you can also read the Committee Summary for an explanation of the bill.
In People v. McQueen, February 8, 2013, the Supreme Court of Michigan held that the Michigan Medical Marijuana Act does not authorize dispensaries. SB 660 would authorize Prairie Plant Systems Inc. to produce marijuana for Michigan pharmacies, contingent upon getting federal authorization. If the federal government authorizes the distribution of marijuana by pharmacies, Michigan would become the first medical marijuana state to do so.
Prairie Plant Systems Inc. is Health Canada’s contracted manufacturer of Medicinal Marijuana (CanniMed®).
Prairie Plant Systems Inc.
#1 Plant Technology Road
Box 19A – RR#5
Saskatoon, Saskatchewan S7K 3J8
Office : (306) 975-1207
Fax : (306) 975-0440
Email : email@example.com