The U.S. Attorney in Oakland, CA, responded to NORML’s law suit Tuesday (you know, the one three federal judges have already shredded):
http://www.iowamedicalmarijuana.org/States/pdfs/ca_11cv05349_039.pdf
Melinda Haag, U.S. Attorney for the Northern DIstrict of California
The most annoying thing about it is that she attacks me and I have no way of defending myself. On page 16, she cites Olsen v. Holder, 610 F. Supp. 2d 985 (S.D. Iowa 2009):
Other courts have held that the federal prohibition on distribution, possession, and use of marijuana in the CSA cannot be called into question by the existence of state laws that purport to recognize a medical use for marijuana. See Olsen v. Holder, 610 F. Supp. 2d 985, 994-95 (S.D. Iowa 2009) (rejecting notion that plaintiff could “circumvent” the federal controlled substance scheduling process by relying on determinations by “several states” that marijuana has an accepted medical use)
She doesn’t explain the fact the court found I didn’t have standing to make an argument based on 16 states that I don’t live in and the judge told me I had to file a petition with the DEA. I’m already a petitioner in the federal DEA rescheduling petition, so I’ve got that covered. The DEA moved to dismiss me back in September and a three judge panel on the U.S. Court of Appeals denied the DEA’s motion on December 7, 2011. It’s interesting that the DEA did not cite this case in their motion to dismiss me. Isn’t that odd?
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