cannabisnews.com: Suicide and State's Rights Addressed By High Court





Suicide and State's Rights Addressed By High Court
Posted by CN Staff on July 05, 2004 at 07:47:42 PT
By James Kilpatrick
Source: Southern Illinoisan 
The big news from the Supreme Court on June 28 had to do with the rights of prisoners, both at home and abroad. The more significant news had to do with the rights of two seriously ill women in California. They are human beings who might benefit from marijuana. In all the commotion over the president's powers as commander in chief, no one paid much attention to a brief order in Case No. 03-1454, Ashcroft v. Raich. By agreeing to hear the case, the high court has provided an opportunity to strike a blow for liberty. The case will be argued next year.
This is the story. Two years ago, Angel McClary Raich and a co-plaintiff, Diane Monson, sued Attorney General John Ashcroft. They won a court order in the 9th Circuit that prevents him from prosecuting them for the personal use of marijuana. Raich suffers from an inoperable brain tumor. Conventional medications have given her no relief from constant pain, but marijuana -- provided free of charge by two friends -- has been helpful. Monson suffers from severe chronic back pain and muscle spasms. Traditional medications "have utterly failed." Seeking relief, she seeks to grow in her own garden a small quantity of marijuana solely for her own use. The attorney general is indifferent to the women's plea. Marijuana (cannabis) is on the government's list of forbidden substances. It has "a substantial and detrimental effect on the health and general welfare of the American people." It has a "high potential for abuse." The federal Controlled Substances Act makes it a criminal offense to possess the aromatic weed. Ashcroft's response: Let 'em suffer. The act is rooted in the power vested in Congress to regulate commerce among the several states. In the 9th Circuit, Raich and Monson argued successfully that the facts could not support the government's reliance on the Commerce Clause. The amounts of marijuana were infinitesimal; the drug (if it may be termed a drug) was not sold. There was no impact on "commerce" as the term is used today. The government argued to the contrary that the case should be controlled by a 1942 opinion known as Wickard v. Filburn. Here the Supreme Court ruled unanimously that Roscoe Filburn, a small farmer in Ohio, violated federal crop quotas. Without a permit he had grown an extra 239 bushels of wheat for his own farm and family use. Compared to a national harvest in the millions of bushels, his crop was piddling. The court held that every little bit adds up. So much for the two sick women in California. The Supreme Court will hear their plea. Five weeks ago a relevant case from Oregon moved upward in the federal courts. Here the issue goes beyond a person's right to medicate himself. It involves a person's right to kill himself. The case is Oregon v. Ashcroft, decided by a panel of the 9th Circuit on May 26. Under Oregon's Death With Dignity Act, a physician may prescribe a lethal drug for a patient suffering a terminal illness. There are many safeguards. Two other physicians must confirm the diagnosis, and the patient must sign a written and witnessed request for the fatal dose. The attorney general's position is that physician-assisted suicide serves no "legitimate medical purpose." It is inconsistent with the public interest, he contends, for doctors to participate in a patient's suicide. He has published a directive warning of criminal prosecution if doctors disobey. Speaking through Judge Richard C. Tallman, the panel held 2-1 that Ashcroft had overstepped the bounds of his power. Tallman emphasized that he and Judge Donald P. Lay were not expressing an opinion on the morality of suicide or on the ethical standards of medical care. "This case is simply about who gets to decide. The question is whether Congress has authorized the attorney general to determine that physicians who assist in suicide are violating the Controlled Substances Act." Tallman said: "Given the plain language of the Controlled Substances Act and its legislative record, we are under no obligation to defer to the attorney general's interpretation of his role. ... We also note that the attorney general has no specialized expertise in the field of medicine ..." The Raich/Monson case and the Oregon case ought to be combined as one more test of the outer limits of the Commerce Clause. My own feeling in these cases is that interstate commerce stops where a doctor's role begins. James J. Kilpatrick writes for Universal Press Syndicate. Newshawk: sukoiSource: Southern Illinoisan (IL)Author: James J. KilpatrickPublished: July 3, 2004Copyright: 2004 Southern IllinoisanWebsite: http://www.TheSouthern.com/Contact: Jeff.Smyth TheSouthern.comRelated Articles & Web Site:Angel Raich v. John Ashcroft Newshttp://freedomtoexhale.com/raich.htmMedical Marijuana: A Nation Gone To Pot? http://cannabisnews.com/news/thread19121.shtmlProtecting Patients' Rights http://cannabisnews.com/news/thread19104.shtmlCourt To Decide if Anti-Drug Laws Apply http://cannabisnews.com/news/thread19095.shtml 
Home Comment Email Register Recent Comments Help




Comment #11 posted by FoM on July 13, 2004 at 17:25:05 PT
Related Article from The Associated Press
Administration Asks Court To Reconsider Oregon Suicide LawBy David Kravets, Associated Press WriterTuesday, July 13, 2004SAN FRANCISCO -- The Bush administration asked a federal appeals court here Monday to reconsider a May decision upholding Oregon's assisted suicide law.The administration wants the 9th U.S. Circuit Court of Appeals to set aside its ruling backing the nation's only law allowing doctors to assist in hastening the death of patients. The Justice Department says the case, originally decided by a 2-1 vote, should be reheard with an 11-judge panel. Thirteen of the circuit's 25 full-time judges must agree to a rehearing, and they are rarely granted.The three-judge circuit panel in May ruled that, under the state's voter-approved Death With Dignity Act, Attorney General John Ashcroft cannot sanction or hold Oregon doctors criminally liable for prescribing overdoses.The panel said the states were free to adopt such laws, while the administration claims federal drug laws, namely the Controlled Substances Act, prohibit doctors from dispensing medication to end a patient's life."Under specified conditions, the CSA allows registered physicians to prescribe controlled substances for legitimate medical purposes in the usual course of professional practice," the Justice Department said in its petition. "The attorney general recently issued an interpretive rule clarifying that assisting suicide is not a legitimate medical purpose under the CSA."The government added that assisting suicide violates the Hippocratic Oath.Eli Stutsman, an attorney representing a pharmacist and doctor in the case, said the federal government has no authority over Oregon's assisted suicide law. "There is simply no basis in the construct or intent of federal law that gives the federal government the authority to regulate the practice of medicine or establish the standard of care in the states."The latest legal wrangling stems from April 2002, when a federal judge in Portland, Ore., blocked the Justice Department from threatening to punish doctors, for example by pressing criminal charges or stripping them of their federal licenses to dispense medication, if they assist suicides.U.S. District Judge Robert Jones had ruled that the Controlled Substances Act -- the federal law declaring what drugs doctors may prescribe -- does not give the federal government the power to say what is a legitimate medical practice. The panel of the 9th Circuit agreed.Oregon voters first approved the act in 1994 and overwhelmingly affirmed it again three years later when it was returned to the ballot following a failed legal challenge that stalled its implementation.The law allows terminally ill patients with less than six months to live to request a lethal dose of drugs after two doctors confirm the diagnosis and determine the patient to be mentally competent to make the request.Since 1998, at least 171 people have used the law to end their lives, according to state records. Most of them suffered from cancer.By circuit rules, there is no timeline for the court to respond to the government's petition.The case is Oregon v. Ashcroft, 02-35587.
 Copyright: 2004 Associated Press
[ Post Comment ]


Comment #10 posted by Virgil on July 06, 2004 at 01:10:26 PT
To clear some vagueness
I was trying to say that drug addiction was not a problem worthy of criminal justice action, but by enacting prohibition, a criminal justice approach made more sense because of theft for drugs and violence from protecting turf.It could be that AIDS creates a pandemic so bad that the word to describe it does not yet exist. In South Africa drug addiction is not going to replace the destruction of adults and the creation of orphans as a priority.Contolling AIDS in India is seen as the must win battle in controlling AIDS and they only have 11 cents per person per year to fight the most critical of battles. Here is the first of 5 articles on AIDS in India- http://tinyurl.com/3ytm8
[ Post Comment ]


Comment #9 posted by shrox on July 05, 2004 at 21:35:36 PT
November surprise
There will be no election in November. Bush will declare that the safety of the voters at the polls cannot be assured, or something along those lines.I suspect I will be dead by government hands in two years. I am creating quite a stink:http://gallery.cannabis.com/displayimage.php?album=toprated&cat=0&pos=40shrox
Object of Government Hatred
http://www.shrox.com/spiceflow.html
[ Post Comment ]


Comment #8 posted by Virgil on July 05, 2004 at 21:08:10 PT
Writing the so-called representatives
I wrote my representative in unabashed disapproval of the DEA actions and even said I was for dismantling them. Of course my representative is a self-absorbed fundamentalist corporate whore that is just another disgrace to the ideal of proper representation.We have a country run by the powerful in cause of Empire. As long as the puppets of the wealthy rule us, it will be one hard thing to change much of the drug laws. One thing that helps is that the country has a debt that could't be paid in two centuries if the incredible borrowing ended today. It could be that AIDS is a global priority that was ignored over the blood suckers pushing for solutions where no problem existed, so they create a problem that is worthy of attention for sucking up that public and private money. Prohibition is all about extending Empire. The USSR collapsed from military spending in opposition to the US. The US could well have an economy collapse for building a military in opposition to the whole world. Here comes the subject of memes again. After 9/11 the meme was that "We are under attack." Of course the media made it a virus that infected almost everyone. But now the meme spreading is that "Something is bad wrong with America." Memes are something that spread like viruses and even the power of government cannot stop that idea from grabbing the populace of America. What is wrong of course is that all institutions of government have been hijacked for the purpose of Empire.The meme that something is bad wrong cannot help but spread.  My belief is that the Free Cannabis movement is tied to the anti-Empire movement that has really not begun. Remember that movie "Zulu" where the chief of the Zulu ask "How do you catch a monkey?" You put some food in a tree with a hole in it and the monkey will grab the food and not let go.What I wonder if Empire is the monkey and CP and substance prohibition in general is the food in the hole. Will the Empire let go of the prohibition that has people dedicate their lives to ending the wrongness of this evil, or we they hold on to the their own demise?Even the intellectuals in the country have not formulated what is going on. I think the election will "Bring it on" and that people will leave both parties that are really one party of the corporations and start what will be the anti-Empire party that won't take any shit from people like Kerry or Bush. And by the way, I hope you do not vote for any of the pro-empire candidates as a signal you have caught on.
[ Post Comment ]


Comment #7 posted by FoM on July 05, 2004 at 20:49:11 PT
breeze
I don't even know how to comment about what you said because it's all true. I was born in the South but lived all my life in PA and Ohio. I've been in the south but I always felt uncomfortable when I was there. I feel uncomfortable in big cities too. For all of us to ultimately bring change to all the states it takes time. I understand how important California is because they are the trail blazers. They are the ones that when a mistake is made they suffer but we learn from it. By their dedication we will learn how to avoid pitfalls and benefit from their successes. That's how I stay focussed on where we are now. If I look back or too far ahead it's too much to try to absorb so that's why I see things like I do. 
[ Post Comment ]


Comment #6 posted by BGreen on July 05, 2004 at 20:37:17 PT
I Understand, Breeze
Rep. roy blunt from my district is a tobacco whore who married a tobacco lobbyist, and the very type of false christian who believes in punishing the sick and those who even suggest the use of cannabis in helping the sick.I'll vote the bastard out of office but I won't voluntarily put myself on his enemies list.The Reverend Bud Green
[ Post Comment ]


Comment #5 posted by breeze on July 05, 2004 at 20:31:49 PT
FOM- about faxing MY representative
I want so badly to send my representative a message, but you must understand I live in South Carolina. And as you know, the attorney general here is breaking constitutional ammendments to enforce the war on people/drugs that SOOOO many citizens of this state are willing to endure. IF I were to attempt to send a fax to my representative, I can assure you that I would become a target in the eyes of the law for speaking my mind- I am not delusional or paranoid, the headlines speak for themselves.Now, considering that I am greatly appreciative that other states are making progress in the effort to at least decriminalize cannabis, I have to say that there needs to more pressure from other states outside of SC to create a movement to make SC legislature change their motives/stance/illegal activities in pursuing the harm ilicited by enforcing such harsh drug laws.Did you know that South Carolina is one of the leading states in the nation with CANCER patients? Its true, and sadly- its also one of the major states that could benefit by eradicating such laws that make it a crime to self-medicate.I was speaking with a homeless man yesterday- and he has a philosophy that truly made me wonder why he is homeless- he had a sound mind, he has just been the victim of a system that doesn't care for those in need, only seeks to harm those IN need. Anyway, he said that our nation(states) are divided, not "United." I asked him to explain, and he made a simple observation that I have yet to notice. He said the following in so many words- "In some states, medical marijuana is legal. In most states it is not. United defined means as one. How can our nation be as "ONE" when the laws differ on so many things from state to state. For instance- its illegal to buy beer on Sunday in South Carolina, but just go a few miles down the road and you can by cases of the stuff."His philosophy resounded in truth- in SC its legal to have a radar detector- in North Carolina law enforcement puts people in jail just for having the thing in the car.Where I did not know this until a pedestrian told me, I wonder how many time I have broken the law while protecting myself from harm of overzealous patrolmen. Why is it I am not allowed to protect myself from disease as well, or at least use medicine,herbs,vitamons as I see fit?This is where our nation becomes divided, where in one state it becomes legal for marijuana to be administered to patients who could benefit from the use of cannabis- it remains illegal in other states, even granting law enforcement the right to shove guns in the faces of teenaged high school students without repurcussion.No one from other states seem to be too concerned about it, and so- it becomes a state to state issue. When it becomes an issue of where ,"I don't live there, its none of my concern" then ALL states suffer. If the genocide of tyrants is allowed to occur within one state of a nation that proclaims to be "united," then those states are no longer UNITED. They lose cohesion, and in the resignation of other states to be responsive to such acts- it flies in the face of what so many have fought and died for. People tend to forget this- and especially now, during "independence day"- its become more of a celebration of "Yay I am off from work" than a remembrance of the brave men and women who fought off past terrorist acts by our current allies.And so, it remains to be seen that our states remain "United" when there are such outlandish acts occuring in states that are rarely or never mentioned on this board. While there are great movements occuring in Nevada, California, Oregon, etc- it is IMPERATIVE that ALL states adopt a different attitude about cannabis- not just a few states that have adapted a liberal view of using this herb as medicine. During the sixties, the south in particular was the shame of the nation in how they treated minorities- is it any different today when cops are allowed to show up and search innocent kids at school for marijuana? Did it make national headlines when the states attorneys office stated that there would be no punishment for the atrocius acts commited by these officers? No, hardly anyone even breathed a sigh. But good GOD- let some kid bring a gun to school and point it at others and not shoot it, only threaten to do so if those around him doesn't do as he says and it will make national headlines!! The buzz word for days.And so, the reason why I cannot address my representative is because I would be one of maybe five people in the state to do so. Then my doors would be knocked down, and my stuff ripped apart looking for some material that the "eyes of 'justice'" could seek to prosecute me with. This is where I support others in other states and their efforts for effective legislation in dealing with marijuana laws, but I cannot do so in my own, because I DO live in a police state. Its apparent. But is anyone doing anything about changing the condition of the state in which I live? No, and why? Because they know the reprecussions for doing so, and it is wise not to invite trouble into ones living room. There needs to be a national effort, a massive heralding of all people in all states- not just one state to one state, but ALL states as ONE. Addressing my representative is as effective as saying "Hey I am over here, come and arrest me" because that is PRECISELY how my representative treats issues of this matter. I think you know I am honest about it, because the states attorney general is getting away with trampling over a number of laws, as well as civil rights, and constitutional ammendments(such as being free from searh or seizure of ones effects and papers). As far as homeland security goes, how is searching for marijuana benefiting others in restraining the threat of terrorism? Wake UP AMERICA, you have been asleep for far too long- and its beggining to show in how you treat your native sons and daughters, and your lack of protest for such acts.You really want to be an activist? Tell everyone you know, and those you don't know about the threat of the REAL terrorists- the war on the american citizens BY american tyrants in office- then you can address those in office effectively, but not until then- you have to threaten those in office with their jobs, and the only way to do that effectively is to address "WE" the people who put 'em there.  
[ Post Comment ]


Comment #4 posted by FoM on July 05, 2004 at 18:42:44 PT
Urgent MPP Press Release
Urgent MPP: Congress to Vote to Defund the DEA's Medical Marijuana RaidsJuly 5, 2004The Marijuana Policy Project needs one minute of your time. Would you please take a quick action that could have a huge impact on medical marijuana policy nationwide?Please visit http://www.mpp.org/DD/action.html today and use MPP's easy online system to urge your U.S. representative to support the Hinchey-Rohrabacher amendment when it comes to the House floor for a vote on Wednesday, July 7.If you're going to send only one e-mail this year to stop the war on medical marijuana users, now is the time.The Hinchey-Rohrabacher amendment, introduced by U.S. Reps. Maurice Hinchey (D-NY) and Dana Rohrabacher (R-CA), would bar the U.S. Justice Department from raiding, arresting, or prosecuting patients who use medical marijuana in compliance with state law.Over the past three years, the federal government has boldly and unremorsefully raided seriously ill patients (and their caregivers) who are using medical marijuana in compliance with their states' laws. You can help bring an end to these DEA raids -- and subsequent arrests and prosecutions -- by visiting http://www.mpp.org/DD/action.html to urge your U.S. representative to support the Hinchey-Rohrabacher amendment when it comes to the House floor for a vote this week.This is only the second time in history that the U.S. House of Representatives will vote on this amendment. In July 2003, congressional observers were surprised when the amendment garnered 152 votes, falling short of passing by only 66 votes.This year, we can win!Since last year, there have been numerous positive developments related to medical marijuana: Vermont became the ninth state to protect medical marijuana patients from arrest and prison; groups such as the United Methodist Church, the American Nurses Association, and both the Medical Society of the State of New York and the Rhode Island Medical Society have endorsed MPP's medical marijuana bills; and Federal courts have granted injunctions and issued rulings undercutting the federal government's war on medical marijuana.With this momentum behind us, we are within reach of winning a medical marijuana victory in the U.S. House of Representatives ... which would be our first victory ever in Congress.How can we win?To win, we need you to visit http://www.mpp.org/DD/action.html right now, to urge your U.S. representative to vote for the Hinchey-Rohrabacher amendment during consideration of the federal spending bill that funds the U.S. Justice Department (and the DEA). You must let your U.S. representative know that this vote is important to you.It only takes one minute.Please visit http://www.mpp.org/DD/action.html and enter your zip code (which will identify your U.S. representative). A prewritten message will be available. You can strengthen the message's influence by personalizing it. A final click on the "submit" button will automatically send it to your U.S. representative.You can also call your U.S. representative's office through the Capitol switchboard. Just give the switchboard operator your city or zip code, and you will be connected to your U.S. representative's office:202-225-3121 877-762-8762 (toll-free)Here's a sample of what to say when you reach your U.S. representative's office:"Hi, my name is _______________, and I vote in ____________(city). I'm calling to ask Representative ________________ to vote on July 7 for the Hinchey-Rohrabacher [pronounced ROAR-ah-BAH-ker] amendment to the Commerce-Justice-State Appropriations bill. This amendment would bar the Justice Department from raiding patients who use medical marijuana in compliance with their states' laws."If you've read this far and still haven't clicked on the link, please click it now: http://www.mpp.org/DD/action.htmlYou can also help by forwarding this e-mail to friends and family who want to see medical marijuana patients freed from the fear of arrest and imprisonment. Tell them to act now!Remember, last year, it was a success just to be able to get a vote on the floor of the U.S. House of Representatives. This year, we can actually win!Rob Kampia Executive Director Marijuana Policy Project Washington, D.C.P.S. Please visit http://www.mpp.org/donate1003 to make a donation to MPP, so that we will have the funds to continue the work that has brought us so close to turning this legislation into law.
[ Post Comment ]


Comment #3 posted by FoM on July 05, 2004 at 11:53:02 PT
runruff
I'm really sorry to read what happened to you. 
[ Post Comment ]


Comment #2 posted by runruff on July 05, 2004 at 11:30:46 PT:
freedom from opression
If you have ever had fourty guns aimed at your head by DEA agents you know what I'm talking about. Last Febuary I was at home recovering from open heart surgery and two eye sugerys. I don't own a gun and I posed no kind of threat to these young people in uniform, yet I was treated like the worst kind of terrorist. I had to be taken from my home to the emergency room then to federal lock-up the next day. My crime? I was a suspected faloneous farmer. The feds said that they did not agree with my gardening technics.
I live in oregon and had a doctors recomendation to grow and use cannabis for my eyes. The federal prosicutors say I'm looking at two years in federal lock-up for my "crime".
I say in order to take back our rights we need to be as 
fanatical as the feds only without the guns of course. Americans pointing guns at americans will not be the answer.
Learn as much about the history of prohibition and the benefits of cannabis/hemp as you can and tell anyone who will listen.
[ Post Comment ]


Comment #1 posted by E_Johnson on July 05, 2004 at 08:30:38 PT
Raich and Monson are educating all of America
One of the cooler aspects of this case is that now journalists have to learn about the Commerce Clause and explain it to the masses.
[ Post Comment ]


Post Comment