cannabisnews.com: The High Court Errs





The High Court Errs
Posted by CN Staff on June 07, 2005 at 14:35:08 PT
Editorial: The Monitor's View
Source: Christian Science Monitor
Washington, D.C. -- The historic American battle to either give or take power from Washington has just seen a victory for Washington. On Monday, the Supreme Court ruled that Congress can override a state law that allows the private, nonprofit use of doctor-prescribed marijuana. The issue of legalized marijuana isn't really at stake in this decision - this publication clearly opposes such use - as much as the court's backtracking on its recent rulings giving more authority to states. That trend toward federalism must not be eroded by this case.
The court found that even if the marijuana at issue does not cross state lines, its local use has enough implications nationally to invoke the interstate commerce clause of the Constitution. Thus, the federal law that controls such drugs can trump state laws on drugs.The harm in this 6-to-3 decision is that it further erodes the role of states as laboratories for social, legal, and political experiments. The nation has benefited from various failed and successful state initiatives since its founding. Wisconsin, for instance, was a pioneer in the kind of welfare reform adopted nationally in 1996.California's Compassionate Use Act is such an experiment, one that should be overturned by its lawmakers. This legalized use of medical marijuana holds a dangerous potential to spread the drug and to create an impression that it's harmless.Prior to this verdict, the Rehnquist court had been drawing a "bright line" in favor of state sovereignty. Almost any human activity can be seen as having interstate implications. Yet the nation's strength lies in keeping many solutions local. While the practical result of this decision is correct in supporting a ban on marijuana, the court was irresponsible to push the country further away from one of the great strengths in the Constitution.Source: Christian Science Monitor (US)Published:  June 08, 2005 Edition Copyright: 2005 The Christian Science Publishing SocietyContact: oped csps.comWebsite: http://www.csmonitor.com/Related Articles & Web Site:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmFallout of Marijuana Verdicthttp://cannabisnews.com/news/thread20800.shtmlMarijuana Patients Remain Defianthttp://cannabisnews.com/news/thread20790.shtml Court: Let Congress Legalize Ithttp://cannabisnews.com/news/thread20788.shtml 
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Comment #21 posted by Critto on June 08, 2005 at 09:36:04 PT
feuderals
Federal Feudal Lords
Will tremble in their thrones
When they see the millions coming ...
Claiming their RIGHTS.Let them see the FREE ones!
Let them see the FREEDMEN once again!
Let them see the FREEDOM-FIGHTERS,
Together you are strong!!!
Like Mahatma Gandhi,
Like Martin Luther King,
Like Lech Walesa,
YOU SHALL WIN!!!
http://liberter.webpark.pl
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Comment #20 posted by Critto on June 08, 2005 at 09:33:40 PT:
LET'S SPARKLE THE REVOLUTION!!!
Yes!! The time is RIGHT!! Let's sparkle the REVOLUTION, a non-violent one, against the fEDERAL feudal lords in office (Feuderal? hahaha:) let's at least irritate them with calling them feudals, which they are). Last year, there was an Orange Revolution in Ukraine, it was against the derailing of the demoractic principles and the rule of law; it was against the corrupted president, government and judicary. It was run and WON by the young people with their pro-freedom candidate Yuschchenko. Their main slogan was "Razom my bohato, nas ne podolaty" ("together we are strong, they ain't gonna defeat us"). Let's RUN such a revolution: or remember what MLK Jr. did in your country and do it AGAIN. You need the REAL democracy, with Libertarians taking the rule (www.lp.org). Support their candidates, and they will abolish ALL drug laws altogether, and restore the state rights. (I wasn't called by them to say this: it's only MY OWN opinion). TOGETHER YOU ARE STRONG, THE FEDS SHALL NOT DEFEAT YOU!!! 
Let the LIBERTY RULE!!!!
In Liberty,
Critto
LIBERTARYZM=LIBERTARIANISM (Polish/English)
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Comment #19 posted by Critto on June 08, 2005 at 09:26:49 PT:
Founding Fathers, WHAT HAVE YOU DONE??
What have you done inserting the DAMNED "interstate commerce clause", the real Paragraph 22 of the US legal system? Oh Lord, Thomas Jefferson was prophetically right when he said "the sons and grandsons will lose what their fathers and grandfathers created" (a quote re-translated to English from Polish). Wellaway to everybody who loves freedom! Go to Canada or come to Europe, where the laws are more compassionate towards the sick people. US SC probably takes pattern after the NAZI courts, which also ruled against the sick.Very Saddened,
Critto, fan of the free America and the person who loves American people
LIBERTARYZM=LIBERTARIANISM -- (PL/EN)
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Comment #18 posted by afterburner on June 08, 2005 at 05:23:51 PT
Christian? Science? Monitor 
Christian? 
Disobedient christians in name only, denying the very God-given blessing of cannabis, one of the seed-bearing herbs that God said were "good"!
 Science?
The prohibition of cannabis is based on superstition, politics, and racial and ethnic prejudice, NOT Science!Monitor. They got that one right: "Faith without works is dead" (James, brother of Jesus Christ Messiah)!
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Comment #17 posted by jose melendez on June 07, 2005 at 20:36:58 PT
growing concerns
sent via form at: http://www.csmonitor.com/cgi-bin/encryptmail.pl?ID=C3ECE1F9F4EFEEA0CAEFEEE5F3Re: "California's Compassionate Use Act is such an experiment, one that should be overturned by its lawmakers. This legalized use of medical marijuana holds a dangerous potential to spread the drug and to create an impression that it's harmless." 
Contrary to the specious and illogical statement above, there can be no question but that cannabis prohibition has led to a proliferation of use and sales. By contrast, all states with liberalized medical marijuana have experienced drops in youth pot use. Almost without exception, approved medications and intoxicants are known to be far more harmful than any amount of cannabis, even when the herb is smoked. (snip)Perhaps Christian Science Monitor editors ought to consider that intolerance and false claims are quite profitable, but are neither Christian nor scientific. Jose Melendez
Concerned Citizen's Coalition to Criminalize
Prohibition 
888 247-8183
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Comment #16 posted by FoM on June 07, 2005 at 18:22:53 PT
Open Mouth Insert Foot
Sometimes it would be better if a newspaper didn't say anything and upset readers with an obvious lack of knowledge about medicinal cannabis and how it helps so many people.
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Comment #15 posted by FoM on June 07, 2005 at 18:19:42 PT
AOLBites
You're very welcome. I've had that toon on a web site for a couple years now. I also thought it was very good!
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Comment #14 posted by mayan on June 07, 2005 at 18:15:29 PT
Dolts
This legalized use of medical marijuana holds a dangerous potential to spread the drug and to create an impression that it's harmless.It's for medical use! So, according to CSM all prescription drug are seen as "harmless" just because they can be used by those who NEED them? Alcohol and tobacco are seen as "harmless"? These dolts are neither Christian nor scientific. They ruined a really good article with this drivel.
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Comment #13 posted by AOLBites on June 07, 2005 at 18:01:19 PT
FOM-
thanks for the toonits posted to http://del.icio.us/ now, thanksif anyone else has [a completely anonymous]del.icio.us account post it as well!I am going to start posting more links to our cool sites on there.. 
Social bookmarking, its del.icio.us =)
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Comment #12 posted by global_warming on June 07, 2005 at 17:50:13 PT
Stars..
Fill this worlds night sky, Both Sun and Moon,Have joined,In Memory,with contracts,Bargains, formed, in the footsteps,Of our beloved,Listen,The voices in the Night sing,Freedom,..FREEDOM,..Call the ghosts of this world,\They will testify,To live, Free,From the shackles,That fetter, and control,Life,which no man, can put asunder,In this day,Our marriage,Will be our testament,To this marvelous,Mysterious,World,gw
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Comment #11 posted by global_warming on June 07, 2005 at 17:22:09 PT
re:THE big breath,
I planted tonight my vegetables, peppers, tomatoes, and with each plant, my hand, carried the home, for these little plants, and to my surprise, each handful of peat, mixed with rock dust, and portions of mica packing materials, felt so nourishing and felt correct, and with their small world footing, I hope, that, they find sufficient moisture, and food, in my dark world, which I understand so little,..Each handful of enrichment, I breathed its smell, and each handful of this, I brought to my nose, and inhaled its story, smelled like fresh cannabis, it came closest, and it this smell, that reminds me, like little plants, that reach for the sun, we are also reaching for the son.Enterprise will fall before the Light,Truth,gw
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Comment #10 posted by The GCW on June 07, 2005 at 16:10:39 PT
The Green Collar Worker
If You want to inhale a really big breath of fresh air, it helps to first exhale.
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Comment #9 posted by global_warming on June 07, 2005 at 16:03:39 PT
Even a speeding ticket,..
Even if you had too many pills of a legally prescribed medication in your possession, you can quickly spiral down into the disgraceful abyss of the inquisition of our modern and ugly nightmare, that is our world, and the best, that mankind has to offer.How many courts, judges, lawyers, policemen does it take to realize, how incredibly small we are, how incredibly petty we have become??gw
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Comment #8 posted by runderwo on June 07, 2005 at 15:53:13 PT
ugh
"California's Compassionate Use Act is such an experiment, one that should be overturned by its lawmakers. This legalized use of medical marijuana holds a dangerous potential to spread the drug and to create an impression that it's harmless."I can't believe stupidity like this in an otherwise reasonable article. Dangerous potential to spread the drug? You mean to qualifying patients in possession of a card? Create an impression that it's harmless? Does prescribing any other drug create the impression that it is harmless? Are over the counter drugs from Walmart free from potential for abuse?
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Comment #7 posted by FoM on June 07, 2005 at 15:46:59 PT
kaptinemo
When you said about raiding old sick people I went and got this animation from a long time ago by Mark Fiore. Here it is!http://www.markfiore.com/animation/protect.html
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Comment #6 posted by global_warming on June 07, 2005 at 15:44:41 PT
John P
I watched the news last night, and I saw brother John, commenting, on how this decision by the supreme court, was a landmark decision.Landmark, imagine that,; If I had any children, and they fell into addiction to "drugs", my first feeling would be pity, and secondly LOVE, I would never surrender my blessed offspring to the likes of this John P, or his armada of darkened suvs, filled with merciless jackbooted men and women, who did not share any pity for my sick child.The hand of mercy, may come from a stranger, and it may be guided by God, the hand of enterprise can never stand in the light of Truth and Justice, and will surely be exposed.There will come the day, John, when you will howl like a dog, when you see, and all the prayers of mothers and fathers for their children, whose live you have added more misery, will be an eternal reminder, of your bleak eternity.End this war on our American people,..end this war on sick people..gw
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Comment #5 posted by kaptinemo on June 07, 2005 at 15:36:45 PT:
Just like we said here BEFORE the decision
*Colorado Attorney General John Suthers said the ruling would have little practical impact locally.* A fact echoed by those who understand the seperation of powers provisions...and why the States were originally referred to in the Upper case, instead of "provinces". The term 'sovereign States' were originally meant to be just that: States - as in *countries*. As in independent nations who have formed a federation for mutual protection. But, as the great Southern Historian Shelby Foote said, The Civil War changed the nature of the federation; we went from "The United States *are*..." to "The United States *is*...". The States have lost power steadily...but the real impetus came in 1914. That's when the skids began to get some grease thanks to Fed DrugWar Phase One. It's been all downhill ever since. Yesterday, it hit rock bottom."I had to destroy the village to save it." We've all heard those words. Now we shall have a ringside seat as it happens in front of us, with overweening Feds about to muscle aside the (unConstitutionally neutered) States. And place themselves in a spot they have avoided like the plague from being seen in. Because you can bet the TV crews are standing by, waiting for word of the first raid. Dragging the elderly, the visibly sick, halt and lame into the paddy wagons in front of national TV will only make our point without opening our mouths. The public will see it's not at all like the 'reality' show COPS, where the badges are the paragons of virtue and everyone they arrest *you know* are scum. You 'know' it because it is always implied, despite the warning at the beginning about 'innocent until proven guilty'. But this could get REAL sticky for the Feds. Frail as many of those patients are, the Feds barging in could cause a few deaths. Wouldn't look all that great on the nightly news, would it? Little old lady frightened to death by Darth Vader wannabe DrugWarrior trying to 'save' her from the evil weed by pointing a submachinegun at her head? Not a good idea, is, antis?Here's a hint: It NEVER was...and you've wasted your lives trying to prove a lie.
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Comment #4 posted by FoM on June 07, 2005 at 15:31:20 PT
Transcript: Aaron Brown Tonight
Stolen Identities; Supreme Court Weighs in on Medical MarijuanaAired June 6, 2005 - 22:00  ETTranscript: http://transcripts.cnn.com/TRANSCRIPTS/0506/06/asb.01.html
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Comment #3 posted by FoM on June 07, 2005 at 15:25:47 PT
Transcript: Supreme Court: Medical Marijuana 
June 07, 2005 By Charles Lane, WP Supreme Court Reporter Washington, D.C. -- In a 6-3 decision Monday, the Supreme Court ruled that federal officials have the authority to prosecute those who use marijuana for medical purposes. This includes those who reside in states that permit it, creating an unclear guideline in which the laws themselves remain untouched but those who practice medical marijuana use are not shielded by the state. What practical effect will this have on medical marijuana use? What is the next step in the battle over this controversial practice? Washington Post Supreme Court reporter Charles Lane was online to discuss the Court's controversial decision.A transcript follows.
 Complete Article: http://www.cannabisnews.com/news/thread20805.shtml
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Comment #2 posted by Taylor121 on June 07, 2005 at 15:07:23 PT
NPR Audio
http://www.npr.org/templates/story/story.php?storyId=4682279Pro medicinal marijuana report
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Comment #1 posted by global_warming on June 07, 2005 at 14:52:17 PT
From the Denver Post..
editorial
High court twists pot ruling
The Denver Post
DenverPost.comIf we had predicted that conservative judicial icons William Rehnquist and Clarence Thomas would join Sandra Day O'Connor in championing the rights of medical marijuana users, while liberals John Paul Stevens, Ruth Ginsburg, David Souter and Steven Breyer would uphold "reefer madness" anti-drug policies, our readers would have probably accused us of smoking too much of the subject of this editorial.Yet, it came to pass Monday as Stevens, writing for a 6-3 U.S. Supreme Court majority, managed to find that a few ounces of marijuana grown solely within a state that has legalized its use for medicinal purposes and given to a patient licensed under state law to use the drug constituted an impact on interstate commerce "substantial" enough to justify disregarding the 10th Amendment, which says: "The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."Admittedly, the high court had long stretched the commerce clause to expand federal regulatory authority. But the tribunal had seemed to edge back toward a traditional federalist position in its 1995 Lopez decision striking down a 1990 federal law prohibiting guns in school zones. In that ruling, Rehnquist, O'Connor and Thomas joined Antonin Scalia and Anthony Kennedy in ruling the federal government had no regulatory authority since the issue had no discernible impact on interstate commerce.Rehnquist, Thomas and O'Connor held fast to that principle Monday, but Kennedy and Scalia defected to the liberal bloc in the 6-3 ruling upholding federal authority over even strictly intrastate drug use. Since we have a hard time imagining Stevens and Co. losing sleep over medical marijuana, we assume they were fighting to uphold the broad federal authority conferred by an elastic commerce clause. We find it harder to understand why Scalia and Kennedy, generally advocates of judicial restraint, defected from their Lopez case positions.Colorado Attorney General John Suthers said the ruling would have little practical impact locally. "The state doesn't care about people with cards allowing them to grow 6 ounces or less," Suthers said. "We do cooperate in state-federal investigations, where the feds target large distribution networks. If federal authorities find medical marijuana in the course of such an investigation, they are required by law to destroy it."As attorney general, I will uphold \[Colorado's\] medical marijuana law, but everyone who uses for medical purposes has to understand the federal government is not bound by Colorado's constitutional provisions. And if you have more than the 6 ounces allowed by state law, you're at peril in state and federal law."Suthers' position seems to be a common- sense response to conflicting federal and state rules. We can't say the same about this latest Supreme Court decision.---
...elastic commerce clause...
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