The Fed Gov't "is No Longer One of Limited and Enumerated Powers."

to bring you the latest developments in medical cannabis adult marijuana industrial hemp and spiritual ganja it’s time for the marijuana agenda with Ross Belleville now here’s your host Ross Belleville day tokers and tukutz and non toking lovers of Liberty it is Wednesday February 28 2018 and it’s got to be 4:20 somewhere in the world welcome to the program it’s been an exciting week in the world of cannabis we’re gonna get you all the latest news in this next two hours of live podcasting here from delta-9 house and studios in beautiful legal pot land Oregon on in the news today we’ve got some bad news unfortunately when it comes to one of our friends alexis bore tell the 12-year old girl who was suing the federal government over Schedule one marijuana we’ll give you the update on that also today in drug war data mining we’ve got the 2018 state report cards from Americans for safe access they’re grading the medical marijuana States on how good or bad their programs may be and I guess one of the good news parts here is that there’s only four states that don’t have some sort of medical marijuana so that means we’re making a ton of progress well tell you where all the states ranked including my home state here in Oregon also on the program we’ve got dr. Mitch Earlywine joining us for our cannabis science monthly the cannabis Q&A segment where now that we’re a weekly podcast we’re kind of reoriented this segment to be the top 10 cannabis studies for this month so you’re gonna get the top ten science for the month of February in this week’s cannabis science segment so excited to talk to dr. Mitch today there’s all sorts of interesting things happening when it comes to marijuana research and then at the end of the program we’ll have for a radical rant today where I riff a little bit on the lead story and the cannabis headline news the dismissal of this lawsuit over marijuana Schedule one status and we take a look back about 10-15 years ago to the decision in the Supreme Court Rach V Gonzales and the dissenting opinion by Justice Clarence Thomas which provides some insight into why we continue to fail on this attempt to sue over marijuana’s medical status so that’s coming up in our one then stay tuned for our two toker talk radio Donald Trump has been reported by Axios to have a secret fantasy of executing drug dealers we take a look at some of his public pronouncements that make you shiver but first let’s get to the news this is your cannabis headline news rod you buy marijuana moment net the complete source for all your marijuana news in one morning newsletter from marijuana majority founder Tom angel subscribe today for free at Marijuana moment men this is your cannabis headline news for the week of Wednesday February 28th 2018 I’m Russ Belleville a federal district court judge in Manhattan has dismissed a lawsuit challenging marijuana status under the Controlled Substances Act plaintiffs in the case which argue that cannabis is improperly classified in the most restrictive category of Schedule one include former NFL player Marvin Washington and Alexis Martel a twelve year old girl who treats epilepsy with medical marijuana attorneys and plaintiffs told marijuana moment in advance of oral arguments earlier this month that they were hopeful the case would force the federal government to finally reschedule marijuana legalization advocates have long argued that marijuana is improperly classified in schedule one which is supposed to be reserved for drugs with no medical value and a high potential for abuse but the judge wrote that quote even if marijuana has current medical uses I cannot say that Congress acted irrationally in placing marijuana in schedule one end quote marijuana is now legal in nine states and two US territories could soon join them in ending prohibition Guam Governor Eddie Calvo a Republican included quote legalizing the use and sale of recreational marijuana end quote in a list of revenue enhancements he sent to lawmakers for consideration on Monday and lawmakers in the Commonwealth of the Northern Mariana Islands are holding a series of hearings on a marijuana legalization bill this week advocates expect they will decide whether to end cannabis prohibition or refer a ballot question to voters in the coming days the moves to legalize cannabis in Guam and the Mariana Islands in the face of anti cannabis policy changes from the Trump administration are part of a widespread pushback against federal

prohibition laws that many see as outdated days after sessions and for enforcement policy change for example Vermont enacted a new marijuana legalization law and four or more states are expected to vote on cannabis ballot measures later this year a prominent Democratic US senator is slamming pharmaceutical companies for opposing marijuana legalization quote to them it’s competition for chronic pain and that’s outrageous because we don’t have the crisis in people who take marijuana for chronic pain having overdose issues end quote senator Kirsten Gillibrand of New York said continuing quote it’s not the same thing it’s not as highly addictive as opioids are on the federal level we really need to say it is a legal drug you can access if you need it end quote she said Gillibrand in an appearance on good day New York and on Friday morning was responding to a question about whether marijuana is a gateway drug that leads people to try more dangerous substances quote I don’t see it as a gateway to opioid she said what I see is the opioid industry and the drug companies that manufacture it some of them in particular are just trying to sell more drugs that a dict patients and addicting and quote president from often quote leaps into a passionate speech about how drug dealers are as bad as serial killers and should all get the death penalty end quote five sources told News site Axios the president inspired by Singapore and other countries that use capital punishment for drug crimes quote would love to have a law to execute all drug dealers according to the report he believes we’ve quote got to make drug dealers fear for their lives because a more health focused approach quote will never work end quote these exclusive Biak CEO says last year a leaked phone transcript quoted Trump racing Philippines president rodrigo duterte ‘he’s bloody war on drugs which has led to thousands of extrajudicial killings quote i just wanted to congratulate you because I am hearing of the unbelievable job on the drug problem the American president was quoted as saying many problems many countries have the problem we have our problem but what a great job you are doing and I just wanted to call and tell you that end quote mr. Trump said the union that represents professional basketball players thinks they should be able to use medical marijuana without being punished for it by the NBA quote my own view is that there are substantial signs that support its efficacy and the value that it has for us especially in pain management end quote National Basketball Players Association executive director Michelle Roberts said in an interview with SB Nation published on Monday quote we’re in talks with the league to see where we can go with it end quote while Roberts is optimistic that public policies and league rules on cannabis will be eventually changed she worries that the anti legalization position taken by US Attorney General Jeff Sessions complicates things quote we have to protect our players from my words a crazed Attorney General I don’t want my guys being arrested in airports for possession of a cannabinoid by some fed and while you’re listening to the marijuana agenda with Russ Belleville looking for the fork friendliest way to visit beautiful legal pot land Oregon I’m Lori Duckworth inviting you to come stay with us at delta-9 house and studios you get your own private room with queen bed and access to our high-speed Wi-Fi premium entertainment system and more we’ll even cook your breakfast look us up on Facebook at Delta 9 house that’s facebook.com slash Delta number nine house Delta nine houses book through Airbnb comm city of Portland permit number seventeen – one five nine eight five five a marijuana agenda with Russ Belleville young people many of them that get into heroin methamphetamine a lot of things begin not only with marijuana but by addiction whatever years smoke and it’s not marijuana today in the United States polls regularly show that three and five Americans support the legalization of adult access to cannabis support for medical marijuana regularly approaches and exceeds nine and ten Americans but after eighty years of failed prohibition the government wants to bring back the worst excesses of the drug war 1980s hum BOTS like deadly Burgas you know not to Bueller the marijuana agenda free podcast is available on iTunes I Heart Radio stitcher tune in Google Play SoundCloud and on our facebook page at MJ agenda free video archives are available at the radical russ channel on youtube help keep this media free by making a donation at PayPal me / radical Russ promoting the end of adult cannabis prohibition is easy because we have facts science reason compassion evidence

truth and logic on our side it’s even easier when researchers catalog it all for us learn how to gather the facts on marijuana use arrests seizures rehabs drug tests and more on this edition of drug war data mining today in drug war data mining we get to take a look at the new report from Americans for safe access at safe access now dot or gets their 2018 state report cards where they’re judging Medical Marijuana states they’ve been doing this for years now but they’ve changed some of the methodology about how they put their grades together and I think they’ve done it for the better I recall doing a rant on this one time when they release their state letter grades and it turned out that Illinois Illinois I had the best medical marijuana program and there’s just no possible way that’s true no offence Illinois but come on it’s gotta be one of the West Coast states so this new release I believe gives us a better look at the the medical marijuana states I’ll put the map up on the screen and you can see the states there shaded by their various grades and the best thing I think to note about this map is how there are only four states that don’t get a grade 46 states have some form of medical marijuana that you can take a look at even if it’s just the CBD only the cannabidiol and the THC a States for extremely limited conditions like childhood epilepsy you can see those are the blue states most of the states in the south and the Midwest that have these medical cannabidiol sort of laws and then also Utah and Wyoming all getting an F each one of them getting an F because while you are providing some cannabidiol that doesn’t go nearly far enough in helping the patients that can benefit from cannabis then there’s only one state that’s got the two states that got DS West Virginia and Louisiana Louisiana has actually gotten better over the years it’s gone from just a symbolic sort of law to one that actually has some merit then we get the states that are in the seas Washington state has gone down in letter grades due to the restrictions that have been placed on its medical marijuana program since the legalization of recreational cannabis it’s down to a C as is state states like North Dakota and Alaska and Pennsylvania for example the states in orange are the states that came up with a letter grade of B or better B to B+ and that’s as good as it gets is a B+ grade Americans for safe access is giving no state an A grade not even an a-minus and the way this grade is composed it is by a 500-point system and the there’s a hundred points each in five separate categories which are patient rights and civil protections there’s 100 points there access to medicine you get a hundred points in that category ease of navigation like the bureaucracy of it how easy is it can you get your card right hundred points their functionality does the program actually work you can pass a whole bunch of laws but if you don’t actually have dispensaries to shop at or people growing the cannabis then the law doesn’t work and finally consumer safety and provider requirements how safe is the medicine right so 100 points for each of those sections gives you 500 points total and then you get the percentage based on that and the highest percentage we see looking at the state of California which came in with eighty nine point five five percent just that short of getting the only a grade is the state of California and I will accede to California having the best medical marijuana program simply for the fact that anybody can get medical marijuana that wants it it’s being entrenched for twenty plus years now it’s by far it for me this report is valid now that Illinois is not sitting there as the number one state that California isn’t its rightful place and number two I’m proud to say is the state of Oregon coming in at eighty eight point one Hawaii follows up with an eighty seven point eight Illinois eighty seven point seven seven Michigan eighty seven point seven for Ohio eighty seven point forty and Nevada tied with it eighty seven point four and so what that tells us is we’ve only got seven states that Americans for safe access believes have a medical marijuana program that is worthy of a B+ grade that shows us there’s a lot of room for improvement in these categories and it’s interesting to note that in this report is a lengthy report every state gets a two page

breakdown you pick any one of the states and they’ll show you exactly how is scored and it’ll tell you where there could be some improvements so as an example I’ll take our state of Oregon since we’re coming here from Delta nine studios in Oregon areas for improvement we got a B+ Americans for safe access says laws passed in 2017 helped Oregon continue to have one of the strongest programs in the country an average of three Oregonians die every week from prescription opioids so there’s still room for growth in using medical cannabis as an option for pain while Oregon improved testing procedures it still needs to develop better recall and adverse event reporting protocols additionally Oregon needs to provide patients with additional civil protections including in the areas of employment improved protections for housing and parental rights so we get to be plus we had four hundred and forty point five points out of five hundred now the area we shined the areas weren’t we shine in the state of Oregon was an access to medicine and functionality and this is where I might quibble a little bit as far as access to medicine does it allow distribution programs access to flower delivery no sales tax reasonable number of dispensaries doesn’t require vertical integration etc they got a whole bunch of these things listed we got 90 out of a hundred so good score there we got a 91 out of a hundred with functionality and for this they include whether or not we have financial hardship fee waivers which I think we got a six out of seven on that as far as reasonableness on our purchase limits and the the low score we got it looks like was patients can receive legal protections within reasonable time frame of recommendation and where we ended up with a lowest score was in the patient rights and civil protections do we have arrest protections forty out of forty you just you’re not gonna get arrested if you have a medical marijuana card affirmative debt defense now this is interesting to me for furtive defense they give us a 15 out of 15 but if I understand our law correctly we don’t have affirmative defense anymore parental rights protections zero out of ten we have no parental rights and as you know from following this show last December we had to go cover a case where an Oregon woman was fighting for custody of her child because of a legal medical marijuana grow at the site so yes zero out of ten for parental right protections DUI protections zero out of five a DUI protection would someone who’s a registered patient would be judged to be a DUI automatically because they have metabolites in their system or active THC employment protections zero out of five there’s nothing stopping an employer from discriminating against someone who has a medical marijuana card to not hire them fire them even even if they pass the drug test you could still fire them if you knew they had a card so 0 therefore the employment protections explicit privacy standards though we get a seven out of seven and that is because our law does at least in theory strongly protect the patient records in in that particular medical case three out of five for housing protections a perfect score five out of five for no new criminal penalties for patients five out of five now for protection for organ transplants thanks a little too late for some folks we know but still good that nobody else will have to get kicked off a transplant list for the use of medical cannabis and this other one says a three for three on reciprocity and I’m not exactly sure what they’re referring to is reciprocity as far as recognizing other states cards the state of Oregon doesn’t have that so I hate to have to ding my own state and reduce its score a bit but I think we’ve been over graded on a few of these categories it is good to know though that we’re paying attention to the the rights and one other area where I think the report is lacking somewhat is in noting that the state of Oregon along with I believe it is New Jersey have the highest fees for patients that want to get into the medical marijuana program it’s like 200 bucks now we do have the the discounts for people who runs the as social security disability and things like that but the general fee is $200 and then you’ve got the the fee to go to the doctor on top of that and you’ve got the the grower fee that you’ve got to pay there’s just to overfeed this program to death and I don’t see that recognized anywhere in this grading scale so I’m happy we got the B+ but I’m not so sure that we deserve the B+ a medical marijuana program could be absolutely fantastic but if it’s got high barriers to entry all those benefits only accrue to the people who can afford them

on believable actually it’s quite believable but we’ll keep an eye on this and I agree I love ASA for putting this out and I do think the ratings are better this year check out safe access now.org to learn more learn where your state fell in the rankings when we come back we’ve got to dr. Mitch Earlywine count down the top 10 cannabis studies for February 2018 stick around if you work in the cannabis industry consume marijuana or just support freedom you need to know about breaking policy news that affects you marijuana moment is the daily newsletter that helps you stay on top of all the latest and most important state federal and international cannabis developments brought to you by longtime legalization activist Tom angel marijuana moment puts a concise yet comprehensive overview of cannabis news in your inbox early every weekday morning wake up to marijuana moment and rest assured you’ll be ready for the cannabis news that’s driving the day subscribe now and marijuana moment net the marijuana agenda with Russ Belleville and let me be clear about marijuana it is a potentially dangerous gateway drug that frequently huge leads to the use of harder drugs whatever years smoke and it’s not marijuana the marijuana agenda is a listener supported independent podcast brought to you by radical Russ media LLC subscribe to our VIP feed at MJ attend accom for access to our ad free podcast segment archive make a one-time donation to support the marijuana agenda at PayPal me slash radical Russ you now in the interest of fair and balanced journalism the marijuana agenda presents this anti-drug public service announcement now I hope you don’t think you talk about drugs once and then your kids are safe you got to live it Nancy I brought something you’re gonna love it okay Nancy I don’t really think that counts as a conversation moving on learn how to talk to your kids about drugs at time to talk org this has been an actual anti-drug public service announcement to combat this and other drug war hysteria listen to the marijuana agenda every weekday in 3 p.m. Pacific at live mg agenda calm or download the free podcast @mj agenda calm new beginner guitars and banjos are often constructed much better than ones built before your time why struggle get a new instrument or fix the old one the trusted professionals at the fingerboard extension will evaluate your instrument for free repairs are priced for people who work for a living stop by the fingerboard extension downtown Corvallis at 120 Northwest 2nd Street today or check out its inventory on the web at fingerboard extension com you’re listening to the marijuana agenda with Russ Belleville your precious blood cave did you have nine learn bar at MJ attend calm fighting you are that lucky horseshoe tattoo for most female-friendly clean sterile awesome tattoo shop thomas group are true artists you can design a custom piece or use a design you bring in lucky worship also offers all styles of tattooing as well as piercings an all-around fun in the DFW area to stop by lucky horse you tattoo and tell the radical Russ Sencha trust me it’ll feel awesome this is cannabis Q&A with dr. Mitch Earlywine dr. Earlywine is a professor of psychology at the State University of New York at Albany and author of numerous books and columns on cannabis science culture history and medicine email your questions to dr. Earlywine at 4:20 research at gmail.com or call the marijuana agenda message line at 6’5 Oh legal NJ now here’s your cannabis you a welcome back everybody to another edition of cannabis science with dr Mitch Earlywine dr. Mitch welcome back to the program a pleasure to be on the marijuana agenda yeah it’s great to have you back on the agenda as we’re now shifting into the I don’t know the golden years of my podcasting career we’ve become a weekly program and so now we’ll be doing this cannabis science as

sort of a top ten rundown of the cannabis science stories for the month so we’ll start here with this month of February Black History Month as well and I get the top ten as it were let’s start with this this first one number ten which is you know one of the most common things we think about when it comes to the use of cannabis for medicinal purposes is people using it for the treatment of their symptoms of cancer hell I remember this going back to the 70s and in TV shows making reference of it even so what is the latest as far as studying the the treatment of cancer symptoms of with cannabis we do have some surprises in the top ten this month but I’m glad to say this really isn’t one of them as folks would would guess there are tons of great ways to combat some of the symptoms associated with cannabis or cannabis related chemotherapy and these data confirm that sleep problems pain nausea lack of appetite of course respond superbly well to the plant and I’m delighted to say that in in this really large sample quite a few patients basically had to not use any other medications for those symptoms if they had the plant available I’m really looking forward to making sure that cancer patients have this option in the future so it’s safe to say the jury is has come in when it comes to at least the treatment of cancer symptoms we’re still working on the idea of treating the cancer itself though what’s the latest in there is is that having some some promise lately what’s what’s intriguing is we’ve got really I think compelling animal and deeper additional level data but nobody really quite willing to crank it out hardcore once a human person has an actual diagnosed with cancer tons and tons of fun you know reports on folks with the the oils that are related to cannabinoids but the the medical system right now has kind of gotten really invested in chemotherapy and things like that and I think some folks are really afraid let me announce publicly that if I should suddenly get say some cancer where I feel like the chemotherapy aren’t necessarily particularly compelling I would have gladly volunteer to use cannabis and high doses and see how it does yeah treat the symptoms at least and then if it helps the cancer itself all the all the better and as it’s really just frustrating to me because in the with the lack of scientific rigor on this it leads it open to you know all sorts of claims of cannabis curing all these cancers and all sorts of anecdotes of people having successful treatment and then fold in that with a little bit of conspiracy theory oh the the health care industries makes more money treating cancer than curing it and it gets becomes really frustrating do you sure that ideal there this is one that kind of hits sort of home my dad had colon cancer and really just doesn’t have the cardiac function to endure chemotherapy and I said you know dad we really don’t know if the therapy is as great as it’s all cracked up to be because nobody doesn’t do it and he said oh well then I won’t do it and let’s see what happens and you know he’s watching his diet and much more careful about relevant other behaviors but he’s doing fine and it’s two years out and and he have any chemo and I feel like we ought to be able to at least make that choice yeah no kidding well like good luck on that treatment options too I’m glad to hear it number nine in our top ten for February is you know we discuss a lot of different ailments here on the show and often times the answer we get back as well we just don’t have any science on it we just don’t know we haven’t studied it one of those has been fibromyalgia which in and of itself is somewhat a mystery disease could you tell us about the disease itself and then and what’s this latest study telling us regarding cannabis treating that fibromyalgia so I have to admit fibromyalgia is is kind of a diagnostic nightmare but it does have some sort of musculoskeletal pain some fatigue but also some mood disturbance there’s a subset of them that really seem to respond well to behavioral treatments for depression and I got to admit I don’t think those folks really had fibromyalgia but then there really are a subset of folks who there’s there’s clearly some kind of immune related problem and it’s super tough for them and our buddy Greg Carter has been really outspoken about this and it’s nice to have some some new data from two hospitals in Israel here a relatively small sample but the the take-home message is that medical cannabis really did help both with the pain some of the sleep disturbance and then just you know

the chance to have a less fatigue if you will experience in your day to day life and I’m optimistic that with the right strings this could become in all honesty the best treatment we have for fibromyalgia sort of given what’s out there you know I’ve backed to those anecdotes again where I can think of two or three people I’ve known who’ve had that problem and have gotten great relief with cannabis so hopeful to see more on this glad to see this study came across number eight on our top 10 for February of 2018 this was you mentioned surprises this one was kind of surprising to me because we tend to get studies that say all the marijuana users have short-term attention deficit problems they can’t remember names on a list or whatever tests they might be giving us but this this next study talks about medical cannabis patients and their brain activity what’s the lead what’s the study telling us here this is quite a surprise to me anyway well so this is from Stacy Gruber’s lab and I will admit having a quite the heavy crush on her I mean she’s just such a wonderful researcher and and you know just a stellar articulate splendid human being and this is at the fMRI level too so I mean I in the past I’ve kind of ripped the neuro psyche things because it turns out if a neuro psych Assessor sort of thinks you’re cannabis user you tended not do as well on the test but this is literally at the you know functional magnetic resonance imaging sort of level here and she’s showing that contrary to previous findings the medical cannabis users are actually doing better if they have the medical cannabis I was looking at the means on this too it’s not like these folks are you know in in the really impaired ranges on Eng brain activation she’s specifically looking at both the cingulate and the frontal regions which are sort of the the part of your brain that help you inhibit bad behaviors like when you get that impulse to yell [ __ ] it’s just intriguing to see that cannabis would actually help in a situation like that and in contrast you know sort of our legend is that recreational consumers get decrements on these kinds of tasks and this sort of brain wave function her data suggests no in fact the medical users after three months are getting better on this now I do feel like it may be in part that you know the medicine is is working that that this is essentially helping them and so of course their brains are functioning better but it does make me a little suspicious that something in the interaction with the experimenters or just the way the experiments have been set up has kind of you know worked against cannabis users in the recreational studies and I’m be eager to see if any of those replicate yeah it’s interesting when you talking about this being just medical cannabis patients you wonder well is the cannabis helping their brains or is the cannabis helping their body so that the pain doesn’t back there brain right now you’re not getting the deficit from the the the symptom they might be suffering so yeah let’s let’s get a study on the recreational users I’m sure I can find some volunteers that’s right let’s get to number seven on our top ten for February of 2018 you know our opponents have opposed medical marijuana for years and years and years with this notion that it was the camels nose under the tent well you give them an inch they’ll take a mile you let the cancer patients smoke a joint the next thing you know there’s a pot shop on every corner they’ve actually studied this now tell us about the results well I want to emphasize that this is a splendid Journal that’s really kind of a hardcore bunch of I hate to say it anti legalization folks on there Executive Board and yet these data again out of Israel show that the medical cannabis basically the testimonials that people provide and the way the news coverage works it really does increase positive attitudes about cannabis more generally and does look like it could essentially enhance attitudes for recreational cannabis I’m of course I’m delighted to see this but I’m afraid we’re going to have to hurt our loin so to speak when we pass new medical cannabis laws and emphasize that we’re not doing so just as a as a red herring to get a recreational cannabis law across because there you know folks as we’ve discussed who really genuinely need this medically and we will be happy to you know appreciate if recreational attitudes change but that that’s not our focus one more when we’re trying to get a medical cannabis law yeah I always thought that was a silly attack from our opponents because the the defense is look if I think everybody should have the right to use cannabis how would I not think sick people have the right if I’m one of those the Venn diagrams are the little circles inside the big circle there I exactly support medical cannabis but that it would lead to better

attitudes among the public generally speaking about cannabis is interesting to me because it was kind of one of the theories as medical cannabis was being developed throughout the the early 90s leading to California’s Compassionate Use Act a lot of people thought that hey once once people saw that marijuana wasn’t this evil demon drug that had expired medical purposes they would start to see the light they would start to understand it and gosh it just seems like this study is telling us that those the little hippies from the 90s were right all along all right love love that conclusion we got this first segment for our top ten from February of 2018 I I’m not exactly sure what this next study was telling us it seemed to me to be saying that if you smoke pot a lot images of pot distract you or am I getting this right with is there such a thing as pot tension deficit disorder well what does happen and in fact there’s sort of an attentional bias or a cognitive filter that goes with almost any behavior so in the early 90s I had folks define abstract words words it could be defined two different ways I’d say define toast define shot define you know things could have been defined as either an alcohol way or a non alcohol way and of course the folks who drank said toast oh that’s when you clink your glasses shot that’s you know announcement have a liquor but non-drinkers say that shot is you know so if you get the doctor and toast is what you for breakfast right so there’s this sort of cognitive bias that goes with almost any behavior I had shown it with alcohol here’s one where basically they’re saying look cannabis users when there’s a cue for cannabis it definitely gets their attention and this is a different measure of that but the attentional biases is this attentional blink well basically we we sort of blink just a little bit differently if we’re paying attention to a stimulus and if we’re not in response to allowed noise and I doubt any experienced cannabis users is going to be surprised but we basically do have this attentional bias when we’re who in work in in the neighborhood shall we say of a cannabis related cue it really does suck up our attention oh I’m sorry I was staring at the four-foot bong in the corner dr Mitch what were you saying no no that’s a that it’s just the interesting study that rounds up the top half of our top 10 list stay tuned for our two in toker talk radio we’ll take a look at the next five our top five it includes a look at roadsides of saliva tests homegrown cannabis the increase in marijuana potency an interesting study on that we’ve got a gateway drug story and our number one hey 4/20 is coming up soon we’ve got some science on 4/20 dr Mitch stick with us and we’ll be back in our to to finish out our top ten in cannabis science for February of 2018 this episode was produced as part of the Marijuana agenda with Russ Belleville The Daily News and interview podcast covering the world of medical cannabis adult marijuana industrial hemp and spiritual guns MJ vagenda calm you the marijuana agenda with Russ Belleville is brought to you by cannabis kamikaze a professional licensed producer from Canada producing three pounds perlite follow cannabis kamikaze on Twitter at cannabis , cause that’s at cannabis kam I Kaz cannabis kamikaze you’re not hi you’re listening to the marijuana agenda with Russ Belleville what’s to keep somebody from getting all potted up on weed and then getting behind the wheel okay maybe you’re a little high it’s November whether you see the words medical marijuana on your ballot or not the issue is they’re from the halls of Congress to your state Capitol or City Hall politicians are already making decisions on Medical Marijuana Policy on your behalf this election make sure they are representing you every vote is a vote for medical marijuana visit vote Medical Marijuana org today health cannabinoid your ACM PR experts consultation services for medical cannabis visit health cannabinoid calm or call 1 800 906 1383 that’s WWF

cannabinoid calm or call one eight hundred nine oh six one three eight three health cannabinoid federal criminal penances from the one ounce of marijuana marijuana yes probably the most dangerous raj desa legalization chief just another word for surrender for time experiment is not medicine district teaching wrong drugs we did a mistake to invite negative reports coming out of sorta reported on how the lawsuit involving Marvin Washington and Alexis bar tell the twelve-year-old girl who’s gone three years seizure free thanks to her use of medical cannabis that lawsuits been dismissed the federal district court judge in Manhattan dismissed it and here’s some of the reasoning behind the judge’s dismissal he says that the advocates have quote failed to exhaust their administrative remedies to alter cannabis as legal status and the judge is saying that the people that want to see the schedule one status changed need to go through the administration and the Congress instead of the courts everybody always punts it back to the other branch the Congress will say well we can’t do anything because the the executive branch controls the that and the executive says oh yeah the courts say oh check to Congress nobody can seem to change this ridiculous law it continues to say quote plaintiffs claim is an administrative one not one premise on the Constitution and it is best understood as a collateral attack on the various administrative determinations not to reclassify marijuana into a different drug schedule end quote now you can read along this is on marijuana moment dotnet he’s got a great story on it the title is federal judge dismisses marijuana lawsuit continuing in this quote it is clear that Congress had a rational basis for classifying marijuana in schedule one executive officials and different administrations have consistently retained its placement there even if marijuana has current medical uses I cannot say that Congress acted irrationally in placing marijuana in schedule one and quote now I’m understanding this correctly and then you know I’m no lawyer I’m not even a college graduate I might be completely wrong here but is this decision just not saying look even if marijuana is medical now and everybody knows it’s medical now they didn’t know it was medical then so when they made the rule then they didn’t act irrationally is that what we’re getting out of this because they made the mistake way back in the 70s when that could be a rational mistake to make and since they haven’t changed it since then they haven’t recognized that was a mistake the fact that it is a mistake now doesn’t give me the judge the power to correct a mistake again maybe I’m wrong maybe I’m miss reading the plain wording here but Tom angel riding in a marijuana moment continues to write saying that the judge observers say seemed moved by anecdotes about the medical uses of cannabis does not reject marijuana’s medical benefit really this is a decision of him saying I can’t say the decision they made back then was wrong because we know it’s wrong now because it wasn’t wrong men and I can’t overturn what they did then again if I’m miss reading that let me know but here’s the lengthy quote from the judge’s decision not dismissing the fact that we all know and most states know now there’s a medical benefit in cannabis the judge writes quote I emphasize that this decision is not on the merits of the plaintiffs claim plaintiffs amended complaint which I must accept as true for the purpose of this motion claims that the use of medical marijuana has quite literally save their lives one plaintiff in this case Alexis Bartel suffers from intractable epilepsy a severe seizure disorder that once caused her to experience multiple seizures every day after years of searching for viable treatment options Alexis began using medical marijuana since then she has gone nearly three

years without a single seizure Jagger côté another plaintiff in the case suffers from a rare congenital disease known as Lee’s disease which kills approximately 95% of those afflicted before they reach the age of 4 after turning to medical marijuana Jaggers life has been extended by two years and his pain has become manageable I highlight plaintiff’s experience to emphasize that this decision should not be understood as a factual finding that marijuana lacks any medical use in the United States for the authority to make that determination is vested in the administrative process end quote that’s the court a federal court recognizing right there in front of my eyes yep these kids are alive because of their medical use of cannabis but what am I gonna do I can’t solve it not up to me I don’t have the power it’s in the administrative process you have to go to Congress and we are going to Congress and we may very well make this change through Congress but every time this issue comes up I keep looking for two words in any of the pleadings I’m just looking for two words and I’m looking for a consistency in this constitution of ours and I keep waiting for plaintiffs and maybe I’ve missed it again I’m I’m human I could be flawed I may have missed this in their pleadings but I’m looking for two words and that is ninth amendment I I still it blows my mind that we are not attacking this as a simple fundamental inalienable right that supersedes the Commerce Clause that supersedes all the excuses how crazy upside-down bizarro Kafka s world have we gotten into where a judge can sit there and say look I can see the medical benefit these two kids are alive thanks to the medical benefit of cannabis there’s 46 states that recognize some sort of medical benefit in cannabis and the law says that cannabis has no accepted medical use to the United States and I can’t say that’s wrong because even though you and me and 46 states in the entire goddamn world can see that this is a medicine Congress doesn’t Congress doesn’t and so that’s why it has to stay the way it is you have to go to Congress you have to convince Congress well of course we know that Congress is bought and sold the Congress is owned lock stock and barrel bad choice of terms for these last couple of weeks my apologies that Congress is owned by pharmaceutical companies and other sorts of lobbyists kirsten gillibrand the senator from New York often floated as a possible 2020 presidential contender has called them out by name set Big Pharma the UC medical cannabis as a competition for your chronic pain patients and we don’t have a crisis of overdosed with medical cannabis in fact we see the opposite see fewer opioid overdoses in the states that have access to medical cannabis so it’s frustrating to me that every time this comes up we aren’t going for the juggler for this ninth amendment solution you know I’ve talked about this before how in we need to learn from other movements that’s been successful in the and the most successful movement I think in the late 20th century has to be the gay rights movement from going from 2006 when you have like they were like 34 30 putting into state constitutions a ban on gay marriage and in 10 years it became federally legal they became recognized as a constitutional right and what learning about that movement how it took place there was a lot of divergence in thought about how to go about it in one side of the gay rights movement said we should go through Congress need to pass laws me to pass civil rights laws like the Civil Rights Act and pass these laws that say you can have same-sex marriages and another side led by David Boies one of the attorneys from Bush v Gore argued that no the right to be married is right there in the Constitution it’s an equal protection issue you you already have a right and it’s being transgressed and I believe that’s what we’ve got right here in in the case of cannabis prohibition and I appreciate Marvin and Alexis and everybody who’s going to trial on this pushing the idea that this is a medicine it has medical use but the genius of Harry J Anslinger and these international treaties and the genius of Nixon and the Controlled Substances Act is getting is beginning with the premise that the government has the right to control what you do with your body in

the first place that it has the right to control substances and and folks it’s not a controlled substance it’s people who are controlled from using that substance let’s understand this substances by themselves don’t need me control a bottle of pills by itself is a bottle of pills it’s just sitting there it’s when people get involved that we try to control their access to that we’re controlling people so this Controlled Substances Act and the international treaties are so intricately written up with such legalese and bureaucratic jargon that it makes it so that this judge in making a decision which you’d think from common sense point of view makes no sense whatsoever makes perfect legal sense this has been attacked numerous times normal started this in the 70s asa jumped in on this hemp industries association they’ve all tried to attack this you can’t call marijuana Schedule one because duh it has medical use you can’t call marijuana Schedule one cuz duh it doesn’t kill anybody there is no duh clause in the Constitution that there ought to be wouldn’t that be nice but there is no duh clause in the Constitution that you should just change a law based on common sense the way it’s written Congress has the right to determine and through its laws has the right to control substances and then the executive branch through the DEA has the right to place those things into certain schedules and certain substances and they only need to show that they have that they’ve taken a look at the evidence and made a judgment on it and there’s nothing that penalize them for their judgment being wrong there’s nothing that says no this has to be right and validated by science no they can just say hey we look at the evidence and marijuana is harmful and it doesn’t help anybody medically next what do you mean it doesn’t nobody made it buddy medically well there’s no FDA trials there’s no studies oh well yeah cuz it’s scheduled one we can’t do any trials or studies yeah exactly there’s no study so it’s not medicine next every time we attack this every single time this is the way it goes so I get frustrated because to me I feel like David Boies here and I’m looking at the situation going how is it we don’t already have this right to cannabis because the founding of our country when we decided and by we I mean white guys that don’t land when we decided we were going to break off from Britain we wrote this declaration and it said that we believe that all men are created equal at least if they’re white in the old land and they’re male and we also believe that people have these inalienable rights that were granted by their Creator that among these are life liberty and the pursuit of happiness among these that the two most critical words of that sentence among these that that tells us that there are lots of lots of inalienable rights there’s a there’s a whole bunch of them and among them are life liberty and the pursuit of happiness so we didn’t even start this country until we had declared that as people we agreed that our Creator endowed us with inalienable rights they don’t come from a king they don’t come from your bloodline they don’t come from your allegiance to any particular creed or religion that you being just being just being created however it happened whoever did it just the act of being created endowed within you as a sentient being certain inalienable rights and among them are life liberty and the pursuit of happiness so we said alright let’s start a country and we’ll start a country put together a constitution that recognizes this is why we’re a country and in doing so we wrote this constitution and in the Constitution its preamble said We the People in order to form a more perfect union not a perfect union a more perfect union but we’re keep we’ll keep working on it establish justice insure domestic tranquility provide for the common defense promote the general welfare and secure the blessings of liberty to ourselves and our posterity do ordain and establish this constitution of the United States of America we we started this constitution for these reasons we want justice we want general welfare we we want to take care of each other we want to be secure we want to have freedom and then those people that wrote that Constitution a few years later they said wait you know we we should have put some rights in there we didn’t recognize some of these rights we enumerated what the the country should be limited to the federal government should be limit do states have certain right we better right some of them down so we wrote they wrote down twelve of them wrote down twelve articles only ten of them made it to our Bill of Rights and we’ll talk about that some other day but ten of them made it to the Bill of Rights and

one of them that I think is so crucial and I’m stunned that it doesn’t get used more often is the ninth amendment and the ninth amendment says the enumeration in this constitution of certain rights is not intended to deny or disparage others retained by the people and Madison and and Jefferson and the founders had argued about this point that look if we make this bill all right three say you have the right to free speech you got the right to religion you got the right to bear arms you got the right to not have soldiers in your house you got the right to not be searched and seized you got the right to not incriminate yourself jury trial civil trial speedy trial no a cruel and unusual punishment if we wrote down just that set of Rights what if the government then says well that’s all the rights you’ve got what if they look at the first eight of the Bill of Rights they say well you already wrote down what the rights are there’s no others and that’s why they put the ninth amendment down they said hey we wrote a bunch of Rights down but that don’t mean that’s all the rights others retained by the people now what other rights would be retained by the people the ones that aren’t enumerated must be unenumerated rights must be in alienable rights and so why don’t we have this inalienable right to grow the same crop that our founding fathers grew why do we not have the same natural right that an agrarian society would believe you would have like it would be full they couldn’t even imagine that you’d have to write that people have the right to farm that would like be like what they have the right I guess you have to write down they have the right to piss too of course you have the right to farm so for a country founded by a bunch of agrarian farmers who wrote that we have inalienable rights that we have the right to life liberty and pursuing happiness and that that was just among many rights we have that are guaranteed by a ninth amendment that says just cuz we wrote a bunch down doesn’t mean that’s all you got how could we not have the right to grow cannabis for ourselves now as you look through the decisions on this of course the big case that decided this was Gonzales v Raich this was when angel Rache sued the federal government she was a California medical marijuana patient with a brain tumor who is using California cannabis in California soil in California pots with California shovels in California water and never bought or sold cannabis and wasn’t giving it or trading it with anyone else a completely not even just entrust state but just intrapersonal just like she was the only one involved and the federal government under the Supreme Court decision Gonzales v rate said nope we can restrict her from growing cannabis even though it’s legal in California even though it’s not interstate even though it’s not commerce because it could be that’s really what the decision was down to is they didn’t have to prove that she was growing it to sell it it’s all a theoretical thing if theoretically she could grow it and sell it on the market that affects interstate commerce and therefore we can ban it now Justice Clarence Thomas dissented on this case and Lord knows you got to go search far and wide to find a case where me and Clarence Thomas are on the same page what we are on this one he wrote in his dissent June 6 2005 respondents Diane Monson and angel rates used marijuana that has never been bought sold that has never crossed state lines and that has had no demonstrable effect on the national market for marijuana if Congress can regulate this under the Commerce Clause then it can regulate virtually anything and the federal government is no longer one of limited and enumerated powers end quote it is not commerce amongst the several states that article one gives Congress the right to regulate it’s neither interstate nor Commerce and folks I believe the decisions that underscore this are invalid and the decisions we need to take a look at are the decisions with respect to birth control Griswold v Connecticut which hinged a lot on the ninth amendment an unenumerated right to privacy and if a state doesn’t have the right to ban birth control even though that would affect the interstate market for birth control how can they be banning cannabis someday maybe I’ll know follow MD attend on Facebook Pinterest Instagram YouTube and follow a message and the show on Twitter for everyone here at Delta 9 housing studios I’m at crust thanks for joining us stay tuned for our two tofu talk radio find war on MJ agenda calm and until next time take care of each other

stalkers name something that gets passed around