cannabisnews.com: Other Views: Dope Distinctions





Other Views: Dope Distinctions
Posted by CN Staff on December 22, 2003 at 09:13:33 PT
Opinion
Source: Daily Press 
It's hard to know which part of the 9th U.S. Circuit Court of Appeals decision to celebrate most: the part that grants medical marijuana users new protections from federal prosecution, or the part that uses constitutional states' rights arguments to do so.In a 2-1 decision, the court ruled that patients who use marijuana for medical purposes are free to do so, as long as the marijuana was grown themselves or was given to them by growers. In that way, the federal government would have no pretext to arrest them, given that the feds had used the Interstate Commerce Clause to justify their efforts to prosecute individuals under federal drug laws.
No interstate commerce, no federal prosecution. That's great news, and experts believe it will finally make Proposition 215, the 1996 California initiative legalizing medical marijuana, a functioning law. State and local governments have generally followed the proposition, but medical-marijuana users have long feared prosecution by the feds."Although (Tuesday's) decision simply overturned the district court's earlier denial of a preliminary injunction against the federal government, the panel found that the plaintiffs are likely to win on the merits and so are entitled to a preliminary injunction pending adjudication on the merits," explained Cato Institute Vice President Roger Pilon. A Cato attorney had presented arguments on behalf of the plaintiffs.The panel ruled "that enforcement of the act in cases like this would extend Congress' power beyond the limits authorized by the Constitution," Mr. Pilon added. "The opinion is thus consistent with the Rehnquist court's recent federalism decisions, which have sought to limit the reach of Congress' power to regulate interstate commerce."Federal drug warriors haven't looked too kindly on California's leniency toward people who use marijuana to relieve pain for medical conditions, so they invoked the Interstate Commerce Clause to justify their meddling in decisions typically afforded individual states.The feds argued that the clause applies because the marijuana could possibly be sold outside of California. But the court said: "Yet, if in seeking to prohibit some form of interstate commerce, Congress attempts to prohibit the wholly intrastate commerce of particular goods on the unsupported speculation that such goods might leak out of a state and into interstate commerce, or because there is no way to distinguish between goods produced within a state and those imported from other states, that would effectively give Congress the plenary police power over all commerce."The justices further said that, "Here the state of California, and its people through the initiative process, have determined that the health and safety of the state's citizens are best served by allowing seriously ill patients access to cannabis for medical purposes. ... The court should respect the choice made by both a sovereign state and the sovereign people of the state."We wish liberal and conservative judges would consistently apply states' rights doctrine on behalf of all issues, regardless of their ideological views of those issues. Given that perfect world won't be with us anytime soon, we're happy enough when any judges make the right decision for the right reasons, regardless of their overall consistency.This was the right decision, made with the right constitutional rationale. Let's hope it withstands any further judicial scrutiny.Source: Daily Press (CA)Published: Monday, December 22, 2003Copyright: 2003 Daily PressContact: smw link.freedom.comWebsite: http://www.vvdailypress.com/Related Articles & Web Site:Raich v. Ashcroft in PDFhttp://freedomtoexhale.com/ruling.pdfWhere’s The Compassion?http://cannabisnews.com/news/thread18003.shtmlFederalism Wins - National Reviewhttp://cannabisnews.com/news/thread18002.shtmlA Landmark Victory - Ann Harrison http://cannabisnews.com/news/thread17996.shtml 
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Comment #4 posted by FoM on December 22, 2003 at 20:46:57 PT
News Article from PoliticsNH.com 
Medical Marijuana Group Pickets ComcastBy Sam YoungmanPoliticsNH.com MANCHESTER, Dec. 22 -- Granite Staters for Medical Marijuana can’t get on the airwaves, so they took their case to the front yard of Comcast’s Manchester offices. Aaron Houston, the group’s campaign coordinator, approached the cable company last month, he said, to purchase advertising time in order to get out their message. The persistent and oft-visible Houston said the cable company flatly denied the group’s request and refused to provide written reasons for doing so which led to Houston and seven of his volunteers picketing the company Monday night. Houston said the reason provided over the phone was that though the company’s legal department had not seen an ad for the Granite Staters, they were denying the request based on their message of ending prosecution of patients who use marijuana for medicinal purposes. Jane Bowman, senior director of marketing for Comcast’s Northeast division of advertising sales said the company isn’t discriminatory, but they do review commercials before airing them. "Comcast runs advertisements from many sources representing a wide range of viewpoints and numerous issues of importance to the public,” Bowman said. “These advertisements are reviewed on a case-by-case basis for compliance with network and internal guidelines." Houston and his small band of picketers stood outside the company waving signs. After a short while, they were approached by a Comcast employee, who declined to identify herself. The employee said she didn’t know who the group was or why they were there, but she was calling the police because the small crowd was “drawing attention.” The Granite Staters waited for about 15 minutes after the warning before retreating from the cold. Houston said the picketing might be a first step, as they haven’t ruled out any further action. “We’re considering our options right now,” he said. “It’s not appropriate for a company that virtually has a monopoly in this state to be practicing viewpoint censorship.” John P. Curley contributed to this report. Sam Youngman can be reached at: youngman politicsnh.com http://www.politicsnh.com/archives/pindell/2003/december/12_22marijuana.shtml
Granite Staters for Medical Marijuana
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Comment #3 posted by FoM on December 22, 2003 at 19:51:06 PT
I'm Glad You Are OK
I went out to West Hollywood right after the North Ridge quake. The plants were always moving that hung from the ceiling. Not much but I still could see them move. When I came home and landed at the airport and walked out I stopped and realized the ground seemed so still. I had become accustomed to the movements that must have been going on a lot. Glad you are ok!
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Comment #2 posted by E_Johnson on December 22, 2003 at 19:35:10 PT
I felt it
I was posting a message somewhere, and the screen started wobbling, then I felt the house rolling. By the time I finished my post and turned off the computer, it was over.I'm a long ways from the epicenter so by the time it got to my house, it was a gently rolling wave.I lived in Mammoth Lakes in 1980, when we had over 1000 earthquakes over 3.0 in a one month period. 
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Comment #1 posted by FoM on December 22, 2003 at 12:39:01 PT
Off Topic: About The Earthquake
I know we have people from California here on CNews and I just hope everyone is ok and no one has any property damage from this event.http://earthquake.usgs.gov/eqinthenews/nc40148755/index.html
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