Letter to Patrick Kennedy regarding conversation at Smart Approaches to Marijuana

Hello,
Regarding our conversation at the SAM conference this summer: I was lucky to have qualified my statements with illegal and decriminalized marijuana in relation to my research. I did indicate that further results from fully legalized areas and places of further research were being waited on. Since the conversation, the confounding factor of the toxoplasmosis gondii being extant in many marijuana smokers in places with home grow operations has forced a reconsideration of the numbers and statistics available. This parasite is responsible for the perceived negative impact of marijuana in countries that fail to complete proper legal research in keeping with UN treaties in effect currently. In Canadian and other studies have conclusively shown with virtually no room for error that marijuana use is associated with a 5 point increase in IQ in current smokers and 3.5 points in former smokers. This translates to literally trillions of dollars in lost intellectual property as can be seen in Germany where marijuana use among 18-24 year olds has quadrupled to nearly 28% while the economy has ballooned to nearly the same size as the United States while alcohol use has dropped dramatically. In MRI and SPECT scans the positive effect of marijuana when disambiguated from those infected with the common parasite, along with pesticides or other factors including income, has been concretely shown in Dallas and other university academic studies. There is some research to indicate that a compound from marijuana may mitigate the effects of alcohol, but this research is still in its infancy, at this time in the 45% of America that drinks, it can be associated with a drop in IQ of several points in comparison to a non-user, and many points in comparison with marijuana users. For the time being, this is a national security crisis in which every year 150,000 people are needlessly dying from alcohol related deaths. To put this in perspective, this is more than all military deaths in all American wars since the Korean war combined, every year. Furthermore we are unable to compete on a global scale as other nations, including Germany, with smaller populations are able to perform on a higher level than the United States. An increase of 5 points in IQ translates to 100’s of % more geniuses and double the number of highly gifted in the population. We have made significant progress with industrial hemp legalization, which increases CO2 consumption by 4X that of other plants and can potentially offset global warming while increasing our energy independence. It is time to take these gains to other fields as well.
Legally, prosecution of marijuana is unconstitutional and the way it is currently implemented it is in violation of multiple UN treaties. According to our constitution, the supremacy clause in article 6 section ii only takes effect under certain circumstances. The most significant example of this was in the Civil War, when Abraham Lincoln was forced to issue an executive order freeing the slaves before legislation from the federal government could make slavery illegal. Unless it could be argued that marijuana prohibition is more important to national security than 600,000 legal racially defined slaves, this clause should not override pre-existing and later passed state laws in this matter. This has been defended and ratified in multiple state supreme courts in the case of marijuana. Furthermore, in the federal statutes there is a contradiction in the case of marijuana, making prosecution unfeasible and illegal by federal organizations until resolved by a Federal court in an appeal to repeal. The charter of the FDA in the Food, Drug and Cosmetics Act of 1938 specifically addresses marijuana and retains classification from the Pure Food and Drug Act of 1906 which classifies marijuana and alcohol together as dangerous drugs with a high potential for poisoning and to be regulated by the FDA. This process was ironically pressed by conservatives in the implementation of Medicare and Medicaid long ago, and it is probable that with a federal court’s review of such an appeal that the older law would be amended with the exception of marijuana, in any case until this happens government agencies would be very amiss to fail to follow medical advise.
Finally, marijuana has been proven to stop cancer. This is the leading cause of death in the United States and research has shown that molecules in marijuana directly harm cancerous human cells while avoiding healthy ones. My own grandfather passed away last summer after living what the AMA has recommended as a healthy lifestyle for most of his life. It is time for the United States to embrace marijuana and tell the alcohol industry to take some time on the back burner until that 200 billion dollar sore on the American economy has been developed into a beneficial product.
Sincerely,
Paul Andreas Fischer

Marijuana is legal under the 1938 amendments to the Pure Food and Drug Act of 1906, we do need to regulate it.

Marijuana is legal under the 1938 amendments to the Pure Food and Drug Act of 1906, which remains the standard for prescription and non-prescription drugs (making in the case of marijuana, the controlled substances act out of line and unconstitutional and infringement of the duties and obligations of the FDA)
http://en.wikipedia.org/wiki/Pure_Food_and_Drug_Act

“Goods found in violation of the law were subject to seizure and destruction at the expense of the manufacturer. That, combined with a legal requirement that all convictions be published (Notices of Judgment), proved to be important tools in the enforcement of the statute and had a deterrent effect upon would-be violators. “

http://www.fda.gov/AboutFDA/Transparency/Basics/ucm214416.htm
The enactment of the 1938 Food, Drug, and Cosmetic Act tightened controls over drugs and food, included new consumer protection against unlawful cosmetics and medical devices, and enhanced the government’s ability to enforce the law. This law, as amended, is still in force today.
And of course, as we all know, the FDA has not made marijuana an FDA approved prescription in any state, mostly because it is available as a “dangerous” but legal drug, in the same wording as surrounds the alcohol industry.
We need better regulation  of these substances. The prohibition is ineffective and morally unjustifiable. 
http://www.thenewamerican.com/usnews/item/18383-house-votes-to-stop-feds-from-interfering-with-state-marijuana-laws
The house has already voted to end Department of Justice funding for marijuana prosecution.

The effect of potent unregulated or decriminalized marijuana and alcohol versus legalized and properly regulated marijuana and alcohol (with proper FDA regulations full brain blood-flow should be possible regardless of which substance is consumed, though it would appear to be quite low, .5% in the case of alcohol, over half a dozen strains of marijuana are already identified that are purported to be safe some that may even contain moderate amounts of THC):

https://www.youtube.com/watch?v=UjZgj_eH4x0

In addition, while the Controlled Substances Act of 1976 (the version in 1970 was still diagnostic in effect) gave federal agencies jurisdiction to act in the case of many drugs, including marijuana, this was in spite of a decriminalization law passed in 1973, still legally and enforced in the state of North Carolina. It was not out of error that the legislation in North Carolina passed this bill, they simply were regulating a dangerous industry concluding indemnifying research that showed alcohol and tobacco to be far worse than cannabis, legally according to the FDA regulations on the product and in keeping with importation laws from nations where it was legal to possess or produce (at the time 1/2 ounce in North Carolina, the substance was legal in many parts of the world notably the Netherlands and Morocco, where multiple brutal civil wars have been fought over the legalization of the product and the monarchy’s succession). Under the same legal logic that made the emancipation proclamation necessary before the constitution was amended to or acts passed to outlaw slavery, it is a de facto violation of states’ rights to pass the Controlled Substances Act, at least as it applies to marijuana. These sorts of mistakes are not unheard of, and happen frequently in the budget, as federal and state governments overlap. The only legal option is to encourage or federally mandate amendment of state laws before changing federal law in this matter. In this case, it is clear that the federal government already has a department, the FDA, responsible for this product and stifling research into this promising if dangerous drug is paramount to extortion, incarceration under false pretenses, embezzlement, and treason on a massive scale. Denying this reality and failing to prosecute organizations responsible for the suppression of research and development of this industry as such, would so fundamentally change the mechanisms of this country that entire peoples could be thrown into chains, dispossessed, or in other ways robbed of their fundamental liberties that the government exists to protect under the veil of enhancing freedom and pursuing happiness.

As for constitutionality:
The embattled Fourth Amendment[117]is probably the leading exam­ple of a “War on Drugs” casualty.[118] As has been erstwhile noted in an apropos reference to George Orwell’s, 1984, a date that we have passed in more than one sense, the “War on Drugs” has led to “[a] gradual but perceptive rise in Big Brotherism against the public at large in the form of eavesdropping, surveillance, monitor­ing, informing, and other intrusive enforcement methods.”[119] Among the inroads that have been sanctioned are those that have permitted intrusions into our homes by the use of aerial surveil­lance,[120] a practice that has led to the practical abandonment in other drug-related contexts of the privacy test announced in Katz v. United States.[121] These relaxations of the restrictions of the Fourth Amendment have allowed the expansion of police authority to carry out warrantless searches for drugs on individuals and automo­biles under circumstances beyond the original intention of Terry’s rationale,[122] which was based on police officer safety, not as a subterfuge, for a search for criminal evidence without meeting the requirements of the Fourth Amendment. The creation of the so-called “good faith” exception to the Fourth Amendment require­ment of probable cause established in United States v. León,[123] which in practice we see stretched beyond “good faith,” is another example of the courts’ permissive attitude towards the government in drug cases. Equally troubling is the upholding of the validity of a warrant issued on the basis of a partially uncorroborated anony­mous tip,[124] leading to cases in which it was allowed to corroborate the anonymous tip by the post facto discovery of illegal evi­dence.[125]”

http://academiajurisprudenciapr.org/new/rethink-the-war-of-drugs/deja-vu-a-federal-judge-revisits-the-war-on-drugs/

PLEASE NOTE: Marijuana was re-legalized in the spending bill of 2014. This was seen as a national security issue and does activate the superiority clause in the Constitution, regardless of state laws. Marijuana is currently legally available for sale and manufacture across the USA on Native American reservations. It is highly probable that state or federal governments will take more responsible steps in the future towards regulating this substance. Also in September leading anti-marijuana academics were caught accepting money from corporate interests, which has changed the field of research in this field significantly.

In regards to state laws and international treaties: Does legal marijuana violate international treaties? The answer is no.
“Even if treaties could override federalism, the agreements that the INCB cites do not purport to do so. The 1961 Single Convention on Narcotic Drugs says compliance is subject to “constitutional limitations” and undertaken with “due regard to [signatories’] constitutional, legal and administrative systems.” The 1971 Convention on Psychotropic Substances and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances contain similar provisions.”
Representing these treaties in this manner as the INCB has done is criminal, it makes light of legitimate and extremely important resolutions and work the UN has done and made. Now that we can prove that marijuana provides a benefit to public health, we have the right to use and provide it.

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