Max: SCOTUS - "Sick People Need Jailin'!"
Supreme Court allows prosecution of medical marijuana
"WASHINGTON (CNN) -- The U.S. Supreme Court Monday ruled doctors can be blocked from prescribing marijuana for patients suffering from pain caused by cancer or other serious illnesses."
In other news, they have outlawed Aspirin.
It is an interesting ruling. Basically, they said that it is well established in law that federal law trumps state law on matters cannabinoid. The funny thing is that in almost every other matter, this particular group of Supremes usually tend to lean more towards the "states' rights" camp. It's only in victimless, bedroom crimes that they tend to go for whoever is more restrictive. If the tables were turned and fed law allowed medical marijuana use and some states where blocking, I have little doubt the SCOTUS would have found that state law trumps the Fed.
That said, I am pleased to see that three of the most right-wing, states' rights Supremes, O'Conner, Thomas and Rehnquist actually stuck to their philosophical guns for once and dissented from this ruling. Too bad we can never quite seem to get a solid libertarian oriented majority on cases like this.
"WASHINGTON (CNN) -- The U.S. Supreme Court Monday ruled doctors can be blocked from prescribing marijuana for patients suffering from pain caused by cancer or other serious illnesses."
In other news, they have outlawed Aspirin.
It is an interesting ruling. Basically, they said that it is well established in law that federal law trumps state law on matters cannabinoid. The funny thing is that in almost every other matter, this particular group of Supremes usually tend to lean more towards the "states' rights" camp. It's only in victimless, bedroom crimes that they tend to go for whoever is more restrictive. If the tables were turned and fed law allowed medical marijuana use and some states where blocking, I have little doubt the SCOTUS would have found that state law trumps the Fed.
That said, I am pleased to see that three of the most right-wing, states' rights Supremes, O'Conner, Thomas and Rehnquist actually stuck to their philosophical guns for once and dissented from this ruling. Too bad we can never quite seem to get a solid libertarian oriented majority on cases like this.
posted by Max Dobberstein at 6/06/2005 01:52:00 PM
4 Comments:
So, let me get this: a person suffering from chronic pain grows some weed for their personal use. This somehow effects interstate trade and, thus, is a Federal level issue. The Bush administration feels that any drug usage funds terrorism. So, this person takes a toke of homegrown and they are hurting trade and funding terrorists.
I have just, unthinkingly, planted some Mint in my backyard. I'm afraid I may have gutted our national economy and toppled our government!
*cough*viva revolution*cough*
Oh! Excuse me!
It is interesting how the Interstate Commerce clause has been stretched beyond reason in the past hundred years or so. Since anything can "affect" interstate commerce, everything can be regulated to death. There are federal regulations governing home gardens. Because the food you grow for yourself will be food you won't by from a farmer in another state, it "affects" interstate commerce.
Great. I've gone and pissed off the Mint Cartel. At least when they knee cap me, I'll have fresh breath!
Okay, go read this:
http://www.cnn.com/2005/HEALTH/06/07/marijuana.reaction.ap/index.html
This is turning into something really fugly. First, the states go off and legalize this drug for use by sick people - much to the chagrin of the "legislate-then-arrest-and-or-kill-the-common-man" right wing. Now, the right wing has won a battle, but the states don't seem to be flinching. The ATF can show up and arrest a grandma toking for glacoma, but the states don't care.
Can you imagine doing time in a Federal prison because you are trying to recover from a debilitating disease? And the Bush administration is wondering why they are having trouble with Amenesty International ...
I figured we were having trouble with Amnesty International because they want the terrorists to win.
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