Posted on 06/06/2005 7:47:53 AM PDT by Crackingham
Federal authorities may prosecute sick people who smoke pot on doctors' orders, the Supreme Court ruled Monday, concluding that state medical marijuana laws don't protect users from a federal ban on the drug. The decision is a stinging defeat for marijuana advocates who had successfully pushed 10 states to allow the drug's use to treat various illnesses.
Justice John Paul Stevens, writing the 6-3 decision, said that Congress could change the law to allow medical use of marijuana.
The closely watched case was an appeal by the Bush administration in a case that it lost in late 2003. At issue was whether the prosecution of medical marijuana users under the federal Controlled Substances Act (search) was constitutional.
Under the Constitution, Congress may pass laws regulating a state's economic activity so long as it involves "interstate commerce" that crosses state borders. The California marijuana in question was homegrown, distributed to patients without charge and without crossing state lines.
Stevens said there are other legal options for patients, "but perhaps even more important than these legal avenues is the democratic process, in which the voices of voters allied with these respondents may one day be heard in the halls of Congress."
(Excerpt) Read more at foxnews.com ...
Maybe the Feds can take some resources from the borders to go after them.
Legalize it and be done with this nonsense.
And as usual, the feds are using the commerce clause, put in place originally to make sure states didn't impose their own tarriffs and using it to justify federal meddling in everything.
What a cowardly cop-out.
Ha, you kidder you. The federal government only spends trillions per year. That's not enough to devote any resources to the border, especially while we've got cancer patients taking illegal medicine.
This is not a good day for States' Rights.
The Supremes have again confirmed that the states have just as much authority as the Feds give them. "You can have any laws in your state, as long as we in Washington agree with them."
Dark, dark day.
6-3? who / where?.....
Damned black robed tyrants.
And applauded by "conservatives" everywhere (especially in the White House).
Exactly. After all its much more important to prosecute a bunch of terminally ill people than for the Feds to do their Constitutionally prescribed duty:
US Constitution, Article IV, Section 4: "The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion".
But when did the Federal Government ever let the Constitution tell them what to do.
Not clear in the AP articles what the breakdown was. But O'Connor wrote a dissent. I bet she was joined by Scalia and Thomas - but I could be wrong.
Anyone have the breakdown, please. Who voted for/against. Thanks.
So much for the concept of the federal government only having powers enumerated in the Constitution, and all other powers reverting to the states or to individuals.
Interstate Commerce Clause uber alles.
I guess that's the part of this that P!$$es me off the most. I can live with bureaucrats shoving their heads in the sand, that the norm. It's the people that wrap themselves in the conservative flag to the point of it being a religion, and then can't seem to comprehend the most basic elements of it.
That's the scary thing. They aren't really conservatives at all.
We have to fight for all rights, not just the ones we like. Too many conservatives want the government out of their lives, but don't care about the other guy.
I don't like dope, but if a state wants to allow it by prescription, who the hell are the Feds to step in and overrule the state's laws?
Yet, far worse drugs are allowed for sick people, and even some who aren't so sick. Let the cancer patients use it, fer cryin' out loud. (What ever happened to states rights???)
I wonder if Rehnquist has toked during his cancer therapy?
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