Pubdate: Wed, 17 Feb 2010 Source: Aspen Times Weekly (CO) Copyright: 2010 Aspen Times Contact: http://drugsense.org/url/zKpMPhQ7 Website: http://www.aspentimes.com/ Details: http://www.mapinc.org/media/3784 Author: Harry Temple, III DEA IS OUT OF LINE Dear Editor: Many if not most of the readers of this paper know that there was a bust by the Drug Enforcement Agency in Denver of a licensed grower of medical marijuana. OK, the guy was stupid for going on TV and bragging about his operation. "Stupid is as stupid does." The head of the DEA in Denver stated that federal law supersedes state law. That gives the DEA the right to bust any growing operation, no matter how large of small. This is not correct according to the U.S. Constitution under the Tenth Amendment, which reads: The powers not delegated to the United States by the Constitution, or prohibited by it to the States, are to the States, are reserved to the States respectively, or to the people." Thereby: "The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people." United States vs. Sprauge. 282, US 716,733 (1933) The DEA is in clear violation of the Tenth Amendment. The Justice Department under the Bush White House after 9/11, just short of denunciation, made an attempt to ignore this amendment. The opinion of the author of this letter is that this attempt by the prior administration and the Justice Department was made to further erode the rights and freedoms granted to the States and the people by the U.S. Constitution. The opinion of this author is that marijuana used for the purpose of treating a medical condition should be legalized. I also am in support of having 1 ounce of marijuana in your possession in your home if you are over the age of 21 becoming legal. This issues concerning marijuana should be left up to the states and to the people. Harry Temple III Basalt - --- MAP posted-by: Jo-D