Court should reject medical marijuana lawsuit

Editor:

The lawsuit against Senate Bill 423 is an insult to the intelligence of thousands of Montanans.

This lawsuit goes against the separation of powers as stated in and by the Montana Constitution, our Montana legislators, the Supreme Court, the Food and Drug Administration, federal law and the U.S. Congress.

A supermajority of the legislators voted for SB423. 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 U.S. 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, Susan Smith, Laura Needham and Barbi McLaws

SafeCommunitySafeKids.org

Billings