Posted on 06/06/2005 7:16:18 AM PDT by Hillary's Lovely Legs
Per Fox News:
The Supreme Court has ruled Medical Marijuana as illegal.
I hope this report is incorrect - but I doubt that it is.
The all-powerful, all-encomposing Commerce Clause.
Kinda like Santa Claus, only much more unconstitutional.
If you are standing quietly in a locked room, you are affecting interstate commerce, according to those who would abrogate the BoR.
So are we going to fill the prisons with cancer patients?
WASHINGTON - 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 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."
Backlash, shmacklash. GET BACK TO TENDING YOUR FIELD, SERF!
Sadly,
The Bush administration supported this expansion of federal power. Anybody remember the so-called 10th amendment?
Where's a good strict constructionist when you need 5 of 'em?
"High court" just says no. Dope smokers are still one toke over the line.
Hey, this is a WAR, baby. We're gonna kill ya if you try to get relief from cancer.
Maybe the legal issue was pretty clear, for once.
Didn't John Ashcroft bring this case to the SC?
Grandma is getting pretty mad about this
Stevens then continued, "But we don't want to hear about any of this crap about the democratic process and the voices of the voters as it applies in the state legislatures or voter initiatives." < /satire on the actual quote, truth on the brown shirt in black robes attitude>
The Supreme Court ruled 6-3 on Monday that Congress had the authority to make it a crime to grow and use marijuana purely for personal medical purposes when recommended by a doctor. In an opinion written by Justice John Paul Stevens, the Court overturned a Ninth Circuit ruling that the federal Controlled Substances Act of 1970 exceeded Congress' Commerce Clause power when applied to medical marijuana used under California law.
The Court relied, as the Justice Department had urged in its appeal, upon the Court's sweeping endorsement of federal Commerce Clause power in the 1942 case of Wickard v. Filburn.
"The case," Stevens wrote, "comes down to the claim that a locally cultivated product that is used domestically rather than sold on the open market is not subject to federal regulation. Given the Act's findings and the undisputed magnitude of the commercial market for marijuana, Wickard and its progency foreclose that claim."
Was that before or after he hung the drapes on the naked statues?
Yeah, but not FUN activist liberal judges.
This ruling confirms that. Apparently 6 justices didn't read far down enough in the Bill of Rights to see that 10th Amendment thingy. Of course, most of them never have, apparently.
Possibly some trolls and posters common on FR as well
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