IN THE SUPREME COURT OF OREGON, No.

S055472

STATE OF OREGON, Plaintiff-Appellant and Petitioner on Review, v. AMBER and MICHAEL CASTILLEJA, Defendant-Appellees and Respondents on Review

APPLICATION TO APPEAR AS AMICUS CURIAE IN SUPPORT OF THE RESPONDENTS ON REVIEW, AMBER AND MICHAEL CASTILLEJA, BY THE NATIONAL ORGANIZATION FOR THE REFORM OF MARIJUANA LAWS

The National Organization for the Reform of Marijuana Laws (NORML) applies, pursuant to ORAP 8.15(1), for permission to appear as amicus curiae in this case and file a brief (filed herewith) in support of the Respondents on Review, Amber and Michael Castilleja. As grounds therefor, the Applicant NORML states as follows: 1. Applicant=s Non-Private Interest. The Applicant intends to present a position as to the correct rule of law that does not affect a private interest of its own, except to the extent that the correct rule of law serves its members= fundamental state and federal constitutional rights of access to and use of doctor-recommended medicine (including the natural herbal remedy marijuana, the use of which is protected under the state Medical Marijuana Act, ORS 475.300 [2001]; OMMA) without impairing their concomitant entitlements to health, privacy and due process of law.

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2.

The Applicant. The Applicant is a non-profit educational corporation organized in 1971 under the laws of the District of Columbia, with its primary office located in Washington, D.C. It has approximately 15,000 dues paying members, 420,000 internet-based supporters, and x state-based affiliates from Hawaii to Maine including Oregon NORML, located in Portland, Oregon (other affiliates are located in Eugene and Long Valley).

3.

The Applicant=s Public Interest. The Applicant is the oldest drug policy reform (antiprohibition) organization in the nation, seeking to educate the public and legislators as to the futile and counterproductive impact of Marijuana Prohibition as a matter of federal and state law. Despite the arrest of an American citizen for marijuana possession at a rate of approximately one every forty seconds pursuant to state and federal Marijuana Prohibition, marijuana use has continued unabated at substantial rates (an annual criminal enterprise with an estimated annual value more than 100 billion dollars, entailing a loss of more than 40 billion dollars in business and individual tax revenues, and costing more than 10 billion dollars in law enforcement resources) by adults and adolescents for the past thirty years. Today, more than half the adults in the United States have used marijuana at least once, including by their own admissions: A sitting U.S. Supreme Court Justice, a former U.S. President, a former Speaker of the U.S. House of Representatives, and a former U.S. Vice-President and Nobel Prize winner. The Applicant seeks the regulation, control and taxation of a marijuana under state law and administrative regulation to achieve, among other public benefits, the effective protection of adolescents from current massive levels of criminal marijuana distribution empowered by Marijuana Prohibition.

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The Applicant=s Special Expertise Concerning This Case. The Applicant has been instrumental in the adoption, by state legislatures and ballot initiatives, of state laws protecting patient access to doctor-approved use of marijuana for medicinal and palliative purposes in twelve states (including Oregon neighbors California and Washington), similar to the OMMA. Marijuana was found to have effective medical uses by the National Institute of Medicine, an agency of the U.S. Department of Health and Human Services, after a million dollar study funded by the federal government in 1999, to which the Applicant contributed. Also, an application pursuant to 21 U.S.C. sec. 811 et seq. to reschedule marijuana under federal controlled substances act, as having an accepted medical use, is pending before the U.S. Departments of Justice, and Health and Human Services, to which application process the Applicant contributed. This case presents an issue concerning patient access to and use of marijuana recommended by a state licenced doctor pursuant to the OMMA, commensurate with a patient=s state and federal constitutional rights to health, privacy and due process of law without unreasonable government interference.

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WHEREFORE, the Applicant moves that this application (for permission to appear as amicus curiae in this case on behalf of the Respondents on Review) be granted, and that its brief herewith be accepted for filing, or that the Court grant such other relief deemed appropriate. NATIONAL ORGANIZATION FOR THE REFORM OF MARIJUANA LAWS By Its Attorney:

Michael D. Cutler, MA BBO# 110940 46 Kenwood Street Brookline MA 02446-2413 Telephone: (617) 816-6056 E-mail: Michaeldcutler@Aim.com Certificate of Service: I hereby certify that on this date, I mailed a copy of this application to Assistant Attorney General Rolf C. Moan, Oregon State Dept. of Justice Appellate Division, 1162 Court St NE, Salem OR 97301. Dated: May 8, 2008 X

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