cannabisnews.com: Med Marijuana Legalization Merits Consideration





Med Marijuana Legalization Merits Consideration
Posted by CN Staff on December 03, 2004 at 21:18:27 PT
By Ben Hanley
Source: Exponent
 While we were all heading back from Thanksgiving break, Angel Raich was vaporizing some marijuana to bake in her zucchini bread before catching a plane ride to Washington. That’s alright … thanks to her doctor’s consent and a 1996 Californian medicinal marijuana initiative, she has the proper authorization.
Although Raich lives in Oakland, Calif., with two children, she faces many debilitating disorders that have forced her to try many pharmaceutical drugs without any luck. Marijuana now soothes her brain tumor, seizure disorder and excruciating back pain. She also has severe post-traumatic stress disorder from being abused as a child and from severe non-epileptic seizures.Claiming she never gets high on her supply; her pain should not raise any controversial concern. Why should it? The Drug Free America Foundation’s argument against medicinal marijuana holds that if the federal government allows Raich’s type of behavior, this will undermine all of the discouragement its done against illicit drugs. Call me an optimist, but I think people can distinguish the difference between medicinal marijuana and the other abusive drugs that are out there. However, Congress and drug-free foundations view marijuana as highly addictive and abusive. Organizations of such a fidgety demeanor might as well tell us they’re trying to brainwash us because marijuana is not a drug that should raise any concern. In 1970 our government all of a sudden turned its focus to weed and banned it for good. A year afterward, our government called marijuana an "age-old" treatment that has no place in modern medicine. The federal government upheld the 9th U.S. Circuit Court’s decision, in which judges voted 2-1, relating to medicinal marijuana users. The decision made a stretch on their commerce clause claim that accused many medicinal marijuana users of taking part in dealing cannabis inside state lines for profit. This has to be one of the poorest decisions made by our federal government. But the rash decisions don’t stop there. Both Raich and her friend Diane Monson had their houses raided by local authorities. The marijuana the two were growing (which is legal in California when used for medical purposes) was taken away, but no charges were pressed. Her Supreme Court hearing took place on Monday and advocates of medicinal marijuana definitely have a case. The case, known as Ashcroft v. Raich, has a shady vibe. In addition to medicinal marijuana use conflicting with the values of our conservative government, this case raises a call for a different type of federalism, whatever the outcome. If Raich is successful, the power the states have in the U.S. will largely increase.A drastic change in federalism will be the appropriate move. Our central leadership has gained too much control and persuasive power when dealing with states. The possible endorsing of Raich's behavior by Supreme Court justices has many consequences. The lawsuits heard by the justices carry heavy weight and are credible. Raich and the other medicinal marijuana users are protected by the 9th and 10th amendments, which in regards to this case, allow the state the power to handle laws dealing with fundamental liberty interests.Californians have already defined medicinal marijuana through 1998’s Proposition 215 as being exempt from illegal interstate commerce. The Supreme Court needs to respect California’s law and its citizens’ decision to allow medicinal marijuana. Transferring some power to the states has been necessary for some time.Ben Hanley is a Sophomore in the School of Management. Newshawk: The GCWSource: Exponent, The (IN Edu)Author: Ben HanleyPublished: November 30, 2004Copyright: 2004 Purdue ExponentContact: opinions purdueexponent.orgWebsite: http://www.purdueexponent.org/Related Articles & Web Sites:Raich vs. Ashcroft http://www.angeljustice.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmPot and Federal Powerhttp://cannabisnews.com/news/thread19930.shtmlMMJ Case Puts Supreme Court in Curious Spothttp://cannabisnews.com/news/thread19929.shtmlMedicinal Marijuana Gets Court Skepticismhttp://cannabisnews.com/news/thread19928.shtml 
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