Marijuana and the Supremes

[Martha]

So in a 6 to 3 decision the Supreme Court upheld the power of Congress to prohibit and prosecute the possession and use of marijuana for medical purposes, even in the 11 states that permit it. I am not surprised at the result. What is irritating to me is the hypocrisy of some of the judges. At issue was the commerce clause of the Constitution which allows Congress to regulate commerce among the states. California law allowed noncommercial marijuana that does not cross state lines to be prescribed by doctors for medical purposes. The Supreme Court held that Congress has" power to regulate purely local activities that are part of an economic class of activities that have a substantial effect on interstate commerce." Therefore, the feds can prosecute those who are allowed to use marijuana under state law.

Conservative judges for years have objected to broad interpretations of the Commerce Clause such as this interpretation. Nevertheless, Scalia and Kennedy voted with the majority. This is the hypocrisy. At least Rehnquist, Thomas and O'Connor were consistent with their judicial philosophy and dissented. O'Connor said that the court's opinion provided a road map to "removing meaningful limits on the Commerce Clause" and threatens to "sweep all of productive human activity into federal regulatory reach".

So, Scalia and Kennedy, expansive in their interpretation of the power of federal law when it suits them.

grrrr

 

[laurence]

"Activist Judges" is a titled that should not be reserved just for libs. This is just another blow to our Republic.

Hypocrisy is rampant, Repub talking points are grumbling about England's request that we help with Africa's debt. They are insisting England is doing it out of self interest to curry power in the region, not for any altruistic reason. So....we invade Iraq for the greater good of humanity, and we expect others to believe that, but we don't trust that motivation of our greatest ally?

 

[HFWR]

Having ANY laws regarding marijuana is, in a word, ludicrous...

Nothing like creating a huge black market/criminal enterprise to bring about law and order!!

 

[xprinter]

I don't know if I agree with this individual ruling. Personally I think its ridiculous to outlaw any medicine that has so few side effects. On the other hand I think if the judges agreed with states rights you would see a major challenge on gay marriage.

 

[Michael]

Nothing like creating a huge black market/criminal enterprise to bring about law and order!!

Confiscating the property of drug users is a major revenue source for the government.  The laws will get worse, not better. Sick people don't bring in much revenue, so they will continue to be sacrifced.

 

[gratefuled]

You have to take note that the collective law enforcement reaction was a deep yawn. I saw several quotes from federal cops and prosecutors that this will not change how they selectively pursue. They will continue to target major traffickers and people who flout the law, not Aunt Bunny with her glaucoma and her four plants.

Ed

 

[Martha]

Though a few prosecutions might actually make something happen on the federal level to legalize medical marijuana. Not likely though.

 

[cute fuzzy bunny]

I'm just pleased as punch to know that we solved all other problems so the feds can concentrate on 60 year old pot smokers that are going to die of their cancer in a year anyhow.

So what did we end up doing about terrorism? Social security? Education? Crime? All that other stuff? Man, I've gotta start reading the paper more often.

 

[Martha]

Yah, what a waste of resources. Truly smacks of "mine is bigger than yours".

 

[cute fuzzy bunny]

Its not even that. Its this 'drugs are evil' and lumping pot in with truly damaging things or drugs that make people violent. What are ya gonna do while high? Order too much pizza?

I'd rather see them outlaw booze and cigarettes and legalize pot instead.

 

[Martha]

Yup. I wouldn't mind a brownie right about now.

 

[cute fuzzy bunny]

After 3 days of solo child care, I'd like a panfull.

 

[cute fuzzy bunny]

Just to clarify: for me, not for the baby.

 

[JB]

I heard some government official on the radio talking about this. He said, 'we don't grow opium in our yards as a source of pain medication'. I thought, and what if we could (grow the drugs we need). Wouldn't that be great.

The US spends billions spraying Columbian fields with herbicide, and the meth labs are right here, down the street, and nothing is done.

 

[sgeeeee]

So in a 6 to 3 decision the Supreme Court upheld the power of Congress to prohibit and prosecute the possession and use of marijuana for medical purposes, even in the 11 states that permit it.  I am not surprised at the result.  What is irritating to me is the hypocrisy of some of the judges.  At issue was the commerce clause of the Constitution which allows Congress to regulate commerce among the states.  California law allowed noncommercial marijuana that does not cross state lines to be prescribed by doctors for medical purposes.  The Supreme Court held that Congress has" power to regulate purely local activities that are part of an economic class of activities that have a substantial effect on interstate commerce."  Therefore, the feds can prosecute those who are allowed to use marijuana under state law.

Conservative judges for years have objected to broad interpretations of the Commerce Clause such as this interpretation.  Nevertheless, Scalia and Kennedy voted with the majority.  This is the hypocrisy.  At least Rehnquist, Thomas and O'Connor were consistent with their judicial philosophy and dissented.  O'Connor said that the court's opinion provided a road map to "removing meaningful limits on the Commerce Clause" and threatens to "sweep all of productive human activity into federal regulatory reach".

So, Scalia and Kennedy, expansive in their interpretation of the power of federal law when it suits them.

grrrr

While I certainly share your frustration with the decision, surely you aren't surprised that this court made another decision that is not consistent with traditional conservative thought. Remember the 2000 election decision? What about gay marriage? This is not a conservative court, it's a reactionary court.

 

[gratefuled]

Hey, JB...with all due respect to that politician: balls.

-Papaver Somniferam...the opium poppy....is a fairly common ornamental flower in the United States. Seeds are easily purchased from catalogs and bagel stores.

http://politics.msn.com/id/2119400/

-And we can grow the drugs we need. Some of us do. I wish more people would use home remedies, rather than depending on expensive storebought nostrums that are often less effective. Sassafrass root, for instance, is a fairly effective anti-inflammatory and cold remedy, and there are many plants that have...er...cleansing properties.

http://world.std.com/~krahe/html1.html

That politico's gassbagging smacks of someone who's spent too much time in the pharmaceutical till...or under the ether.

Ed

 

[Nords]

One of my old COs used to be the PACOM counterdrug coordinator in the late 1980s. He was the military's top point of contact for all FBI/DEA/Interpol etc drug enforcement from California to the Persian Gulf, from Siberia to Australia.

This is a man that JG could be proud of. He earned the Legion of Merit in Vietnam as a young lieutenant for classified heroism. Texas is his religion, not his home state. He spent his leave periods on archaeological digs at old U.S. Army forts from the Indian Wars. (He says things like "George Custer-- an Army officer so stupid that even the other Army officers noticed.") He feels that guns only get better with bigger calibers & larger magazines. His politics are slightly to the right of that pinko Attila the Hun. Ironically he's one of the best leaders & warfighters I've ever worked for, a man you would cheerfully follow into combat knowing that he'd bring you back alive. And, no, he wasn't a submariner either. Did I mention that he looked & talked like John Wayne?

After six months as one of the military's "top druggies", he became firmly convinced that marijuana should be legalized & taxed. He wasn't too sure about cocaine, heroin, & methamphetamines yet but he knew that it'd be cheaper and more effective than our current efforts.

After a few months chasing smugglers myself, I was convinced that the mission would be a lot more successful (and cheaper) if we just surfaced and offered to buy the *&^% cargo.

Having said that, how do we discuss that realpolitik with a new teenager who's been firmly indoctrinated in DARE and all the other anti-drug culture? Where crystal methamphetamine is destroying an entire culture, let alone the state's GDP? It promises to be an interesting decade.

I'm surprised that no one in this thread has yet accused the Supremes of smokin' dope. I know the Big Island is filled with unhappy people who are probably going to stop cultivating their crops for a while...