Posted on 12/01/2004 10:58:47 AM PST by xsysmgr
commerce clause is a gaping hole through which evil spews bump
That guy is probably more interested in the entertainment value than any other characteristic of MJ.
IF we're going to have "medical marijuana," then at least let's treat it like all those medicines you see on TV, such as Nexium. It may have some medical benefits for some people, but it carries a wide assortment of risks, whichi must be disclosed, and yoou should only be able to get it by prescription from a legitimate doctor.
I can see the TV ad now: "Talk yo your doctor about pot today."
By the way, isn't the existance of a state pot law irrelevant as to whether or not the activity is reachable by the commerce clause? If pot is grown at home for home use--medical, therapeutic, or recreational--what difference does it make as to whether or not it is economic activity? Seems to me it doesn't factor in at all, which is why I am wondering if a decision for Raich here means home grown is outside federal, if not state, jurisdiction. Thoughts?
Did you read the article? I am definitely interested in legalized marijuana, but it's almost beside the point in this case. The real issue, the big impact of this case, has to do with the commerce clause and the reach of the federal regulators according to the enumerated powers of the Constitution. As interested as I am in being able to legally do what I do anyway, this case is much more important than eliminating my exposure to risk.
I was just thinking the same thing!
Heck, everyone is told how dangerous smoking tobacco is. I'm sure marijuana smoke has some (not all, I know) of the same nasty stuff.
I don't know all the details of the case, and I'm not an expert on "state vs federal" issues, but I suppose if federal regulation of marijuana is not allowed then maybe the Food and Drug Administration is unconstitutional as well.
Again, I don't have all the facts and will try to check the thread later to learn something. (Thanks in advance!)
But there are some in the media who are just too anxious to see this as some kind of dilemna for conservatives - pitting two of their stereotypes of conservatives against each other.
You can see why I'd be skeptical of that kind of approach . . .
:)
I bet it would if it made gun possession in schools legal.
What a stupid comparison.
This is a slam dunk. No way the SC tears down the whole facade of the Federal leviathan over medical marijuana, of all things.
Homegrown pot is dangerous, take one of these synthetic mind altering pills My company produces.
-Your friendly neighborhood drug company
They could as easily have regulated MJ on the basis of "purity" under that clause as any other.
You really have to read through all the court decisions and legislation passed over the years to get a real feel for the federal power to "regulate" drugs ~ this is the tip of a very large iceberg.
Frankly, I think what ought to be done is to take all the druggies out on the side of Mt. St. Helens. Stuff them full of MJ. Let them do a fullbody toke, and be done with it.
Bet some of them would like that eh?!
It may be forced to choose between that and keeping the Republic.
I agree.
"Under our constitutional structure, states retain “broad powers to define criminal law, regulate medical practice, and protect the lives of their citizens.” Federal power, on the other hand, is limited to the specific grant of enumerated powers in the Constitution, and does not reach mundane questions of criminal law. No matter how worthy the purpose of a given federal statute, it remains invalid if it exceeds the constitutionally proscribed bounds."
This is your brain on drugs. The federal government routinely imposes its will on the states in every 'mundane matter', from abortion to penology, private property rights, the environment, health care, transportation, employment-you name it. The idea of a limited federal government is, unfortunately, absolutely archaic and purely academic. Ever since the surrender at Appamatox, the federals will use every device, from funding to armed force, to regulate the conduct of and within the several states. That's just reality. The Supremacy Clause IS the Constitution and Enumerated Powers are only a memory.
Keep marijuana safe, green, and illegal!
No d*mn taxes!
Without the "commerce clause", the Republic (such as it has become) will most definitely not stand.
Not exactly: it's the MISUSE & MISINTERPRETATION of the commerce clause that is causing this problm.
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