cannabisnews.com: Souder Urges Court To Halt Medical ‘Pot’










  Souder Urges Court To Halt Medical ‘Pot’

Posted by CN Staff on November 24, 2004 at 08:04:25 PT
By Sylvia A. Smith, Washington Editor 
Source: Journal Gazette 

Washington -- A case before the Supreme Court next week will likely determine whether marijuana can legally be used as a medicine, and Rep. Mark Souder, R-3rd, has offered the justices a raft of arguments why states should be barred from allowing medicinal uses of “pot.”Souder and Hoosier Rep. Dan Burton, R-5th, with five other Republican lawmakers, filed a friend-of-the-court brief that says medical marijuana laws – approved by voters in 10 states – is not a states’ rights issue and that allowing the medicinal use of marijuana leads to state and local law enforcement agencies becoming “increasingly hostile to federal drug policies” and communities “becoming economically dependent on the drug.”
The case involves the seizure of marijuana plants grown by two California women who use marijuana to alleviate severe pain.Medical marijuana is legal in California.When a federal appeals court ruled that the women’s cultivation and use of marijuana was outside federal jurisdiction, Attorney General John Ashcroft asked the Supreme Court to rule on whether Congress or states have the final say on doctors’ ability to prescribe marijuana.The court will hear oral arguments Monday.In his appeal to the Supreme Court, Ashcroft said the federal government’s actions were legal because “Congress’ conclusions that the local manufacture, distribution, and possession of drugs, including marijuana, are significantly linked to the commerce in drugs regulated under the statute and that comprehensive regulation of that local activity is essential to effectuate control of the interstate drug market.”Souder said the outcome of the case is important because it will have an influence on other issues that are in dispute between states’ rights and the federal government’s ability to write and enforce national laws, such as gun legislation or whether cities and states can import medicines from Canada despite a federal law forbidding it.“We’ve always had federal narcotics laws because of the interstate commerce clause. This is a challenge that says states can not only change the schedule of prohibited drugs but they can override the interstate commerce clause,” he said.Even limited permission for the medical use of marijuana, Souder’s brief says, “would undermine drug regulation by giving drug traffickers a new strategy to evade arrest, creating geographic ‘safe havens’ fordrug dealers to base their operations, increasing the risk of diversion from ‘medical’ use to purely recreational trafficking, increasing the supplyand lowering the price of marijuana and potentially increasing the demand for the drug through reduced public perception of marijuana’s harms.” Source: Journal Gazette, The (IN)Author: Sylvia A. Smith, Washington EditorPublished: Wednesday, November 24, 2004Copyright: 2004 The Journal GazetteContact: letters jg.netWebsite: http://www.fortwayne.com/mld/journalgazette/Related Articles & Web Site:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmBush's War On Patientshttp://cannabisnews.com/news/thread19867.shtmlCannabis Fight Enters U.S. High Courthttp://cannabisnews.com/news/thread19864.shtmlOakland Woman Battles for Medical Pothttp://cannabisnews.com/news/thread19863.shtmlThe Fate of Medical Pothttp://cannabisnews.com/news/thread19862.shtml 

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Comment #21 posted by Hope on November 25, 2004 at 01:00:45 PT
Sam Adams Comment 4
Huzzah! Huzzah!
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Comment #20 posted by john wayne on November 24, 2004 at 22:14:35 PT
random bizarreness
> [souder warned against] communities “becoming economically dependent on the drug.”What asteroid did this idea fly in on? Man, these guys are growing zebra stripes and polka dots they're getting so wierd. I'd like to know just what the heck was going through these guys minds (besides a fifth of jim beam) when they dreamed up that talking point.
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Comment #19 posted by The GCW on November 24, 2004 at 16:17:37 PT
global_warming and all people,
realize,there are 2 kinds of Christian.Obedient and disobedient.Yes, Souder is a Christian, yet He clearly carries Himself as a disobedient Christian for all the world to see. The deciding factor, when You test their spirit is if they have the spirit of truth or the deluding influence.Mark needs the truth, bad.
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Comment #18 posted by mayan on November 24, 2004 at 16:05:22 PT
True Motives
“We’ve always had federal narcotics laws because of the interstate commerce clause. This is a challenge that says states can not only change the schedule of prohibited drugs but they can override the interstate commerce clause,” he said.There was clearly no interstate commerce in the Raich case. Souder's true motives are becoming clearer by the day. He seeks the annihilation of all states' rights in favor of complete federal control. 
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Comment #17 posted by global_warming on November 24, 2004 at 15:53:02 PT
Weighing in
I am not sure why I have such an anger against this man Mark Souder, I have read that he is a functional Christian, and yet, his act-ions reveal another person, a person who is frightened by the strange people in his world.Perhaps Mark might take the time to better understand what it means to be a Christian, the strength that is needed to embrace his true brothers and sisters.We are all children in this universe, and in this journey we will all come face to face, can we overcome our fears and our hatreds?
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Comment #16 posted by The GCW on November 24, 2004 at 14:52:54 PT
Bush should make Souder drug Czar.
Bush should make Souder drug Czar.He's in there.
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Comment #15 posted by goneposthole on November 24, 2004 at 14:07:40 PT
stock up?
Always have non-perishables on hand. In the early eighties there was a publication called 'The Duck Book'. You had a lifetime subscription once you paid your twenty bucks. The 'lifetime subscription' was that of the author's, not yours.It gave warnings back then about the 'thousand year war' that had been going on since the Crusades began in circa 980 AD. I thought things were going badly back in 1980, but they are looking good compared to what they are now.It is difficult to stock up on cannabis. If only the baggy didn't have a bottom.I'll make another correction: 'They're foolish heads' should read 'Their foolish heads'.I've been up since 4:00 AM; I've got an excuse. There is no excuse for Mark Souder. The dog ate his homework a long time ago. It shows.Oh well. When the stock market goes south, it's called 'capitulation'. Which means: "I want out at any price." 
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Comment #14 posted by FoM on November 24, 2004 at 13:44:07 PT

kaptinemo
I know that some folks don't like Kerry but he is an honorable man I think. He's rich and lives above us all but deep inside he cares about America. He could run and win in 2008 but he'd be 64 and that's getting up there in years in my book. The old mind can start playing tricks on a person when they hit that age. When I see these really old people in congress I don't know why they are there. If they got wiser with age well then that would be ok but they just get fixed in their thinking and that drives me a little crazy. We are preparing for bad times. We are getting wood in for next winter already.
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Comment #13 posted by kaptinemo on November 24, 2004 at 13:23:26 PT:

FoM, I've a few theories, too
One of which is in agreement with yours about the nature of the one-issue voters and their unthinking support for Bush Too. And I meant 'unthinking'. Mr. Bush has done absolutely nothing right as far as the welfare of the nation is concerned. Yet, because, like baby ducklings who imprint on the first thing they see as "mama", most voters have been reduced to reflexive mental 'tucking in the horns' when it came to weighing issues. Instead, they seemingly wanted (and apparently got) the kind of political decision-making one might find in some Third World village bereft of modern communications...no matter that their opinions were molded and shaped by the most advanced communication mediums in existence.As for Mr. Kerry...I am reminded of something I read on the 'Net years ago as to why Gore conceded rather than fight in 2000. The rumor was that Gore knew in advance of the coming collapse of the economy (courtesy of the then unknown process of "Enronization") and was supposed to have said "Let Bush be Hoovered", meaning that Bush would be the recipient of the same criticism of handling the economy as Hoover was (unfairly) credited as having done. I can't help but think that Kerry is cunningly biding his time...while the domestic and international scene gets worse. He may be expecting to be hailed as a savior in 2008 after the Bush Too Regime finally crashes and burns from its' own arrogant belligerence and flailing incompetence.As to what that means for all of us...I strongly recommend again that people look to stocking their pantries with non-perishables, as things could get a whole lot worse before they get better. And stock up on whatever fuels you need to keep yourselves warm this winter; anything oil-based will rise in price before long. We'll have Mr. Bush's oil(y) minions/handlers to thank for that...
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Comment #12 posted by freedom23 on November 24, 2004 at 10:57:53 PT

The artical is pure flamebait
This is very irresponsible journalism. Ms. Smith only discusses the commercial distribution of marijuana and not what is at the heart of Raich v. Ashcroft: the noncommercial, intrastate use and distribution. The intrastate _commercial_ distribution of marijuana was decided in US v. Oakland Cannabis Buyers' Cooperative when the Supremes sited Wickard v. Filburn (among others) and the Fed's right to regulate intrastate _commercial_ activity. Directly from the decision:"Because federal courts interpret, rather than author,
the federal criminal code, we are not at liberty to rewrite it. Nor are we
passing today on a constitutional question, such as whether the Controlled
Substances Act exceeds Congress power under the Commerce
Clause." - Clarence ThomasThey specifically avoided supporting the CSA as constitutional. Raich was very careful to keep her activities intrastate and noncommercial, two facts even the feds agree with.This case goes much, much further than marijuana. If Raich loses then the Feds could legally regulate _any_ activity, commercial or noncommercial. IMO I think the Feds have realized they've lost this case and I'm expecting only one or two SCJs to side with Ashcroft et al. Other recent decisions like US v. Lopez work towards our benefit.Next spring I think we'll be celebrating a very big win (something we really could use). Once the noncommercial part of the CSA is struck down states will have more freedom to decriminalize.Rep. Souder's comments are nothing more than some poor sole rearranging deck furniture on the sinking Titanic.
"Bullsh*t: Penn & Teller" vs the War on Drugs
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Comment #11 posted by goneposthole on November 24, 2004 at 10:46:18 PT

'He is'
barking up the wrong tree.oops
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Comment #10 posted by goneposthole on November 24, 2004 at 10:44:18 PT

He barking up the wrong tree
'Methamphetamine problems in Indiana' on a google search yielded 16,200 results.'Marijuana 'problems' in Indiana' on a google search yielded 244,000 results.Indiana and Mr. Souder seem to have their priorities mixed up.They're foolish heads are in the sand when it comes to meth. Fools never learn.

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Comment #9 posted by FoM on November 24, 2004 at 10:24:05 PT

kaptinemo
I have tried and tried to think why Kerry lost and when I went to vote I thought why is a gay issue on the ballot. People that wouldn't have bothered voting came out and voted on that measure and while they were there voted for Bush. That's just my opinion but it was something that wasn't necessary on a ballot particularly in a swing state. Those Republicans are smart people.
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Comment #8 posted by kaptinemo on November 24, 2004 at 08:56:38 PT:

Souder plays a foolish, dangerous game
Ask yourself this question: how many States this past election decided they were not going to allow 'gay marriage'? I don't know the number, but quite a few.Now...that was as strong an example - barring MMJ - of State's Rights being implimented as I've seen in many years. State's Rights, rightly or wrongly, is a two-edged sword.And Souder, arch-neocon that he is (he can't be called a true conservative, as his party has jettisoned all it's principles to gain power), who made such great store about his party's (now discounted)stance on limited government and State's Rights, is willing to grasp the sword by the blade? To have it cut into his hands? To the bone?Enforcement of Constitutional principles is NOT like ordering from a Chinese menu ("One from Column A, one from Column B..."). Aspects you like are mixed with those you may find personally distasteful. But all must be adhered to lest the whole thing shatter. REAL conservatives would never have troubled themselves with this parochial nonsense, and would never have allowed the raids, the intimidation, etc. But Souder and his ilk, flying under false colors of conservatism, risk an awful lot in going against the supposed principles of their party. They are proving themselves just as Janus Two-Faced as their opponents were claimed to be. And this *amicus curiae* brief just illustrates that very starkly, indeed.
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Comment #7 posted by CorvallisEric on November 24, 2004 at 08:54:46 PT

Let's not forget Dan Burton
[Dan Burton II, son of Dan Burton] was arrested several times for marijuana and firearms felonies in the mid-1990s but never received more than community service and probation. Prosecutors jumped through hoops to keep Burton's kid out of jail, including underestimating the total weight of the 30 plants he was caught with as only 25 grams, thus reducing his charge to a misdemeanor.His son's brushes with the law apparently meant little to the elder Burton, who following his son's arrest voted against legislation to expand drug treatment as an alternative to prison for qualified drug offenders.http://www.cannabisnews.com/news/16/thread16344.shtml
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Comment #6 posted by E_Johnson on November 24, 2004 at 08:49:22 PT

This is hilarious and sick
Communities becoming economically dependent on the drug -- is that what you think of Pete Coors, who just narrowly lost being the Republican Senator from Colorado?I wish he'd won, frankly, because it would be interesting to see the Republican Senator Coors respond to this issue.Souder will get cancer some day and then he'll get to find out just how useless Marinol is.
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Comment #5 posted by FoM on November 24, 2004 at 08:44:45 PT

dr slider 
I agree with the hemp back in Levis but the antis love to read that people want coke too. I have no interest in that drug just cannabis and hemp. 
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Comment #4 posted by Sam Adams on November 24, 2004 at 08:39:38 PT

Souder
Like Bush, he's only a pawn of the forces that back him. Question: If medical cannabis is legalized, Souder says that communities are “becoming economically dependent on the drug.”So who's economically dependent on marijuana now? Here's a hint: oink, oink.No to mention banks, prosectuors, etc.
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Comment #3 posted by Max Flowers on November 24, 2004 at 08:36:19 PT

Souder = worm
I've seen video of this guy Souder... he's a short, pompous, meddling little worm. I don't like to wish harm on people, but I would make an exception in his case. It's people like him who are holding this country back from all the great things it could be. 
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Comment #2 posted by dr slider on November 24, 2004 at 08:25:18 PT:

Put hemp back in my Levi's and coke in my coke.
Yet another example of the "right" stealing the frame, warning that communities could become "economically dependant on the drug". Its much better to be dependant on the drug war and the slave labor it provides, and of course the liquid dinosaurs'll last forever.True to form the irony lies in the fact that a modern cannabis production effort would create true economic independance. From medicines, foods, shelter and clothing materials to biodiesel, such a community would want for naught.
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Comment #1 posted by FoM on November 24, 2004 at 08:06:25 PT

Happy Thanksgiving Mr. Souder
Thanks for making life so difficult for sick people.
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