Dellas

MEMORANDUM **

Timothy Dellas (“Dellas”) appeals his conviction for manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(A)(vii), and possession with intent to distribute marijuana in violation of § 841(a)(1) and (b)(l)(A)(vii). For the following reasons, we affirm.

I. Constitutionality of 21 U.S.C. § 841

Dellas’s constitutional attack on the statutes he violated has no merit. What this court stated in 1978 still holds true today: “[T]he constitutionality of the marijuana laws has been settled adversely to [Dellas] in this circuit.” United States v. Miroyan, 577 F.2d 489, 495 (9th Cir.1978).

Dellas distinguishes his constitutional attack from those of previous parties who have appeared before this court. He directs the court’s attention to the Comprehensive Drug Abuse Prevention and Control Act of 1970, and the commission it established to study, among other things, marijuana’s pharmacology and its relation to crime, aggressive behavior, and the use of other drugs. Pub. L. No. 91-513, § 601 , *575 84 Stat. 1286 , 1280-81. Citing that commission’s findings and more recent studies, he asserts that the evidence demonstrates that marijuana “is not harmful and…