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Bevin and Beshear ask judge to dismiss medical marijuana lawsuit


Gov. Matt Bevin and Attorney General Andy Beshear want a Frankfort judge to dismiss a lawsuit calling for the legalization of medical marijuana in Kentucky. In a motion filed Monday in Franklin Circuit Court, Bevin’s attorneys said medical marijuana is a “political question” that should be decided by the General Assembly, not a judge. “Since at least 2014, the legislature has debated bills advocating for the lawful use of medicinal marijuana in every legislative session,” attorney Barry Dunn wrote for the governor’s office. “The General Assembly will consider legalizing medicinal marijuana again in the 2018 session. It is solely within the General Assembly’s constitutional powers to determine whether to make medicinal marijuana lawful.” Also, Dunn wrote, the state Supreme Court has ruled that Kentuckians do not have a constitutional right to possess marijuana. And federal drug laws — which classify marijuana as a Schedule 1 controlled substance, like heroin — preempt state drug laws, he wrote. “Even if the court chooses to issue an injunction that rules Kentucky’s marijuana statutes violate its constitution, federal law bars the relief that the plaintiffs seek,” Dunn wrote. “Because federal law will continue to prohibit marijuana use regardless of this case, and because federal law preempts state law on this point, any opinion the court issues will be advisory only.” In a separate motion, Beshear likewise asked Judge Thomas Wingate to dismiss the lawsuit filed by three Kentuckians who say they need the relief from chronic pain and other ailments that cannabis brings them. Among Beshear’s arguments: The plaintiffs failed to show any likelihood that the attorney general would prosecute them for medical use of marijuana. Such criminal cases typically are handled at the local level by county attorneys or commonwealth’s attorneys, Assistant Attorney General Taylor Payne wrote. Wingate has scheduled a hearing in the case for July 24 at 9 a.m. AG Andy Beshear has said he’s unwilling to consider even limited legalization unless the FDA authorizes marijuana as a medicine. Although Bevin and Beshear both seek dismissal of the lawsuit, their positions on the underlying issue differ. Bevin, a Republican, has said on several occasions that he would support legalization of marijuana for medical use, although not for recreational use. Beshear, a Democrat, said during his 2015 attorney general campaign that he would not consider even limited legalization unless the U.S. Food and Drug Administration authorized cannabis as a medicine. Last month, Dan Seum Jr. and Amy Stalker of Jefferson County and Danny Belcher of Bath County sued Bevin and Beshear to overturn the state’s marijuana possession and trafficking laws for themselves “insofar as they seek to use cannabis for valid medicinal purposes.” The plaintiffs claimed the state’s cannabis ban violates their rights under the Kentucky Constitution to privacy and to be free of the “absolute and arbitrary power” of the state over their “lives, liberty and property.” They said they use naturally grown marijuana for legitimate medical purposes at risk of going to jail while dangerous and addictive opioid painkillers are legally dispensed across the state. Since 1996, 29 states and the District of Columbia have authorized the medical use of marijuana within their borders, including West Virginia, Ohio and Illinois. While the federal government still considers the drug to be illegal nationwide, Congress voted in May to give the U.S. Justice Department no money to prosecute medical marijuana cases in states where such use has been permitted. All three plaintiffs said they unsuccessfully lobbied the General Assembly for years to loosen Kentucky’s laws on medical marijuana. “When I’ve talked to legislators in Frankfort about this, their advice was for me to move away again, to go live in a state where it’s legal,” Stalker, who briefly lived in Colorado, where medical marijuana is legal, said last month. “But I grew up here. I love it here. My family is here. Is that really a choice I should have to make to stay healthy?”

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TANSTAAFL CAMPAIGN #5

During the 1930's the word marijuana was forced into our lexicon by anti-cannabis advocates within the government. This word was used for it's anti-immigration connotations of the time to frighten the general public with fear and mis-information. Yet today we have incorporated it into our culture without many knowing it's true evil origin. We must work to enlighten others to never use the word marijuana when refering to cannabis and it's by-products. We should also work to get lawmakers to ammend the word out of current legislation and replace it for what it is...CANNABIS. Join us in a campaign to persuade others of our goal.
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TANSTAAFL Solutions Mission:Welcome, to TANSTAAFL Solutions. It is our mission to stand against the celebrity corporate cultured mentality and bring back thee virtues of Responsibility, Hard Work and Understanding. T.A.N.S.T.A.A.F.L (There Ain’t No Such Thing As A Free Lunch) means we get what we pay for. Robert A. Heinlein, in his novel The Moon is a Harsh Mistress wrote,“That anything free costs twice as much in the long run or turns out worthless.” How many worthless things are around today? Ignorance, unjust laws, racism, the GOP. All these things work to degrade a Human soul. Many Earthlings have no clue but because of their numbers, they decide how we should live. TANSTAAFL Solutions will work to voice opposition to what is wrong today. It is time to take responsibility and work for direct action to change. We hope to encourage, entertain and inspire others to join us and amputate the rancid 20th century mentality which has corrupted our time. We believe in a global world culture of Planet Terra and everyone has the right to freedom, equality and to live responsibly in peace. We also understand that any of these goals cannot be achieved without dedication, an effective strategy and the will to work and stand for what is right.

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