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To: supercat
"The argument doesn't work in the pot case, however, because there is no legal interstate market."

Ah, you just have to look for it.

Number one, if marijuana were made legal for medical purposes on a state-by-state basis, legal medical marijuana interstate commerce would soon spring into existence (surely if it's legal in State A and State B you wouldn't stop them from shipping to each other -- that's silly).

Number two, a patient who smokes medical marijuana for their condition does not purchase legal products for their condition (which are interstate commerce). This is almost identical to the Filburn case, and why I believe the USSC will overturn the Ninth Circuit (yet again).

One last thing. Raich was decided by the Ninth Circuit, the most overturned Circuit Court in the country. Her case was heard by only three judges of the Ninth, one of whom dissented on Filburn grounds! (The Ninth circuit refused to hear the case en banc.) This is not a real strong case.

144 posted on 12/18/2004 7:22:49 AM PST by robertpaulsen
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To: robertpaulsen

Nobody need purchase a thing.
There is no commerce involved.
A plant, an herb is grown from seed.
God given herb is consumed by
a soveriegn individual in their own home.
What enumerated power exists
to deny this right to individuals?


149 posted on 12/18/2004 8:08:09 AM PST by PaxMacian
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