Pubdate: Sun, 03 Jul 2011 Source: Billings Gazette, The (MT) Copyright: 2011 The Billings Gazette Contact: http://billingsgazette.com/app/contact/?contact=letter Website: http://www.billingsgazette.com/ Details: http://www.mapinc.org/media/515 Author: Cherrie Brady DON'T INSULT OUR INTELLIGENCE BY SAYING POT IS LEGAL The lawsuit against SB 423 is an insult to the intelligence of thousands of Montanans! This lawsuit goes against the separation of powers as stated in the Montana Constitution, our Montana legislators, Supreme Court, the FDA, federal law and the U.S. Congress. A supermajority of the legislators voted for SB 423. In 2001, the Supreme Court unanimously ruled against the legality of medical marijuana. Federal law prohibits the possession, manufacture and distribution of marijuana. The FDA hasn't approved smoked marijuana for any condition or disease. On June 15, the chairmen of two congressional committees sent a letter to U.S. Attorney General Eric Holder, stating that Congress placed marijuana in Schedule 1 of the Controlled Substance Act and, as such, growing, distributing and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities. After considering the above, the possession, manufacturing and distribution of marijuana is illegal. We ask the judge, in trying to uphold the Constitution, to consider the Supremacy Clause of the Constitution which states: "the Constitution and the laws of the United States ... shall be the supreme law of the land ... anything in the Constitutions or laws of any state to the contrary notwithstanding." The Controlled Substances Act trumps any conflicting state law. If the concern really is the constitutionality of SB 423, then every section of SB 423 should be stricken, except for the provision completely repealing the "medical" marijuana law. Cherrie Brady Billings - --- MAP posted-by: Jay Bergstrom