cannabisnews.com: Medical Pot Laws Best Left To The States





Medical Pot Laws Best Left To The States
Posted by CN Staff on December 05, 2004 at 11:30:12 PT
Editorial
Source: Times Herald-Record
This week, the Supreme Court heard arguments in a case involving two California women, Angel Raich and Diana Monson, who seek to continue growing and using marijuana for medical reasons. The use of marijuana under the supervision of a doctor has been legal in the state since voters passed the Compassionate Use Act in 1996. California is one of 11 states that allow physician-approved marijuana use.
Medical marijuana cases are often dramatic – a desperately ill patient pleading for permission to use an illegal drug makes for compelling legal theater – but in this one, the drama arises from a clash between states' rights and federal authority. The side issues are nuanced and thorny, but the court should allow the women to continue growing and using the drug and uphold California's right to allow such use.  The case arose when federal Drug Enforcement Administration agents, testing the limits and legality of the California law, attempted to arrest Monson at her home in Oroville, Calif. The Department of Justice, which maintains that marijuana has no legitimate medical use, holds that the California law violates the federal Controlled Substances Act. The DEA agents were met at the woman's door by local sheriff's deputies, who claimed jurisdiction in the matter. After a three-hour standoff, the DEA agents seized six marijuana plants.  Raich and Monson sued, and the case began wending its way through the courts. The 9th Circuit found that noncommercial intrastate activity did not fall within the federal government's authority to regulate interstate commerce, which is the basis for the Controlled Substances Act. The Department of Justice appealed, which brought Ashcroft v. Raich before the Supreme Court.  The case is creating odd philosophical and political alliances. Conservatives tend to favor imposing limits on federal power and ceding greater rights to the states while liberals traditionally feel more comfortable with federal authority. But conservatives have also tended to favor strict drug laws and now, for the Bush administration, the disapproval of marijuana seems to be trumping its affinity for states' rights.  The medical marijuana debate at the Supreme Court last week centered on precedents about commerce that were set in a landmark 1942 decision, Wickard v. Filburn, which held that Congress' power to regulate wheat prices and production extended even to wheat grown by a farmer for private consumption. The theory was that because there was a market for wheat, even growing it for private use affected the price and supply.  Presented with the Wickard precedent and an analogy between the wheat and medical marijuana, Boston University Law School professor Randy E. Barnett, the lawyer for the two California women, countered with another analogy, one that nicely illustrated how fine but yet very definite is the line between commercial and noncommercial activities, between the concepts of "homegrown" and "for trade."  Prostitution, said Barnett, is clearly a business, but sex within marriage is clearly not, although the existence of sex within marriage (or lack thereof) might theoretically affect the prostitution business.  The Bush administration argues that California's medical marijuana law can be abused, and of course that's true. The federal government should, if it likes, prosecute those who violate the statute. But surely it's not too much to ask of the good conservatives in the Bush administration's Justice Department that they respect the will of the voters of California and stop meddling. Leave the law alone.Note: Supreme Court should rule against feds in California case.Source: Times Herald-Record (NY)Published: December 05, 2004Copyright: 2004 Times Herald-RecordWebsite: http://www.recordonline.com/Contact: http://www.recordonline.com/opinion/letter.htmlRelated Articles & Web Site:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmShould Federal Policy Trump State Law on MJ?http://cannabisnews.com/news/thread19982.shtmlLet States Decide Medicinal Pot Usehttp://cannabisnews.com/news/thread19977.shtmlMedical Pot or Not? High Court To Decide http://cannabisnews.com/news/thread19973.shtml 
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Comment #25 posted by Triple_J on December 07, 2004 at 20:15:12 PT:
Searching
I want to know how I can find out what doctors in Nevada are able to persribe medical cannabis to people. If any one knows how to do that let me know.
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Comment #24 posted by FoM on December 07, 2004 at 10:42:46 PT
breeze
You're welcome. It was a nice interview. 
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Comment #23 posted by breeze on December 07, 2004 at 10:24:26 PT
Hope- FOM-
Thanks for the links, I truly appreciate it!!
We are fans of both Neil and Bob- we just missed 60 minutes!!!
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Comment #22 posted by Hope on December 06, 2004 at 23:56:12 PT
FoM
Sorry about that lower case m. I didn't see it until too late. This new keyboard is different from my old one and I haven't adjusted yet. The most common mistake I make is failing to captilize when I thought I had.All Along the Watchtower is a good one.
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Comment #21 posted by FoM on December 06, 2004 at 22:58:03 PT
All Along The Watchtower
Hope, Neil Young sang this song when we saw Greendale both times. I think they are friends. Neil's words: Bob Dylan said that, something like that.http://www.bobdylan.com/songs/watchtower.html
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Comment #20 posted by Hope on December 06, 2004 at 22:50:17 PT
Fom
One of Dylan's songs speaks of listening to Neil Young and being told to turn the music down.
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Comment #19 posted by FoM on December 06, 2004 at 21:47:43 PT
Hope
It seems accurate to me too. I was just thinking about Bob Dylan and Cat Stevens. In the interview on Majikat he talks about how Bob Dylan opened a door to poetic music. He came from the Beatnik era out of Greenwich Village and helped so many musicians find their way. Neil Young was influenced by Bob Dylan too. The Man For Peace Award 2004: 
http://www.catstevens.com/
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Comment #18 posted by afterburner on December 06, 2004 at 21:35:45 PT
Another Video: Hear Angel and her Lawyer
CBS News | Big Government Goes To Pot | December 3, 2004
http://www.cbsnews.com/stories/2004/12/02/opinion/main658857.shtmlFree Video:
Dueling Marijuana Laws
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Comment #17 posted by Hope on December 06, 2004 at 21:31:48 PT
Thanks, FoM
It looked accurate from what I remember and the short videos I've seen.
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Comment #16 posted by FoM on December 06, 2004 at 21:27:47 PT
Hope
Good job! 
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Comment #15 posted by Hope on December 06, 2004 at 21:12:42 PT
Oddly enough...on a Sheryl Crow board
I found one here the someone called tmji put together. Scroll down a good ways and they have it posted in several posts...instead of all in one. It looks accurate.http://www.sherylcrow.com/bboard/fanforum/viewtopic.asp?TopicID=1575940&topic=OT%3A+Bob+Dylan+on+60+Minutes+Dec.+5th
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Comment #14 posted by Hope on December 06, 2004 at 20:20:23 PT
Breeze
There's a video on that page that has part of the interview.
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Comment #13 posted by Hope on December 06, 2004 at 20:01:54 PT
Breeze
This is as close to a transcript as I've found.http://www.cbsnews.com/stories/2004/12/02/60minutes/main658799.shtml
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Comment #12 posted by FoM on December 06, 2004 at 19:57:53 PT
breeze
Here it is.http://www.cbsnews.com/stories/2004/12/02/60minutes/main658799.shtml
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Comment #11 posted by breeze on December 06, 2004 at 19:50:39 PT
Hope- Query
Have you found the transcript? I saw Dylan with the wife on this years tour, I know she is very interested in knowing what was said- though seeing it would have definitely been best.
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Comment #10 posted by mayan on December 06, 2004 at 07:31:23 PT
Liberals/Conservatives
The case is creating odd philosophical and political alliances. Conservatives tend to favor imposing limits on federal power and ceding greater rights to the states while liberals traditionally feel more comfortable with federal authority.Suuuure! These labels are so outdated. The government is good at keeping the masses from uniting. How do you "divide and conquer" a people? Give them two political parties and then polarize them. Red states/blue states. Republicans/Democrats. Left/Right. Liberals/Conservatives. We cross the entire spectrum. We cannot be divided. The cannabis plant is exposing the government's true motives for ALL to see...More on the stolen election...US vote update: 
http://technocrat.net/article.pl?sid=04/12/05/1747238&mode=threadAs Ukraine Celebrates Democracy, It's Being Denied in Ohio:
http://www.commondreams.org/views04/1204-06.htmWay to Go, Ohio:
http://www.progressive.org/webex04/wx120304.htmlOhio Update:
http://www.votecobb.org/THE WAY OUT IS THE WAY IN...THE CASE FOR FBI HEADQUARTERS COMPLICITY IN 9/11:
http://mparent7777.blog-city.com/read/943478.htmPop goes the Bush mythology bubble: http://www.onlinejournal.com/Special_Reports/120404Schwarz/120404schwarz.htmlBarbara Olson's call from Flight 77 never happened:
http://globalecho.org/view_article.php?aid=2434
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Comment #9 posted by Hope on December 06, 2004 at 06:28:56 PT
Easy Rider
Everyone should see it at least once. It's cultural history if nothing else.It makes me sad though.P.S.:
That interview. When I said a transcript wouldn't be as good as seeing...I must add 'hearing'. I like his voice of course.
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Comment #8 posted by Hope on December 06, 2004 at 04:47:18 PT
The interview
I'm so sorry to hear you and Stick have the flu! But I am glad to hear you are faring well. I'm really worried about the flu. I'm scared in fact.It's so damp and cold...not sooo cold now...here, and we've been working out in it. Burning brush and yesterday learning to start and drive...and maintain...an ancient tractor.Which leads me to the interview. Arrgghhh. I was sooo sleepy yesterday evening...EARLY...that I kept falling asleep during 60 Minutes. My husband kept telling me to sit up... on the couch and maybe I could stay awake. I couldn't. I loved what I could comprehend. Best I could tell, and my husband said so, too, he still doesn't answer a question directly and I think that's cool...he's not a politician after all and he's only answering questions about himself. I mostly adore the man and his work. I wish I could talk about what he said...but I can't...tell me anything I really would have liked if you can. I liked the part where he mentioned God (without saying His Name...still very Jewish of him, although I know he's professed Christianity) concerning his career, I think. That's mostly all I remember and about his not being who people think he is. I'll try to find a transcript tonight (busy day ahead, I think), but it won't be the same without his crazy little facial and eye sparkle nuances.
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Comment #7 posted by FoM on December 05, 2004 at 21:57:29 PT
afterburner
Now The Blues Brothers is on. Perfect movies when you need to smile. I love Easy Rider. We have it on DVD and the soundtrack too. If I miss a few stories tomorrow or seem slow I'll catch up. Dumb nasty flu but you get better faster if you keep on smiling! 
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Comment #6 posted by afterburner on December 05, 2004 at 21:47:23 PT
Jack Nicholas is smoking his first joint
That was a great scene. The alcoholic afraid of getting "addicted" to marijuana [sic], and then he starts waxing poetic. In the words of an old Hamilton group, Crowbar: "What a Rush!" Good medicine, indeed. In the words of the religious left (as they used to say in POW camps: G  --. B  -... (and it doesn't stand for George Bush. It's the big G!)
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Comment #5 posted by FoM on December 05, 2004 at 20:56:45 PT
afterburner
We are watching Easy Rider on AMC right now and Jack Nicholas is seeing his first joint. This is always a great movie. We both have come down with the flu and I made some chicken soup and Easy Rider is good medicine! LOL!
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Comment #4 posted by afterburner on December 05, 2004 at 20:21:10 PT
The Thought of Conservative Judges Using FDR's...
liberal Supreme Court ruling as a precedent to deny medical cannabis to suffering patients is nauseating!The Dirty Little Secret of Wickard v. Filburn (FDR's ''Baby'') http://www.cannabisnews.com/news/thread19974.shtml#5
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Comment #3 posted by FoM on December 05, 2004 at 16:51:12 PT
I Loved The Interview
I understood what Bob Dylan was saying. He's on a journey just like we are. It was great. I hope others get to see it too.
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Comment #2 posted by FoM on December 05, 2004 at 15:42:53 PT
Thanks Hope
I was just getting my dishes done and hurrying around so I won't have to budge when Bob Dylan comes on! 
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Comment #1 posted by Hope on December 05, 2004 at 15:23:22 PT
Off topic
Bob Dylan interview on "60 Minutes" at 7:00 EST and 6:00 CST. Just about thirty minutes from now.(shameless Dylan fan here)
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