Posted on 04/09/2011 3:28:12 PM PDT by AustralianConservative
DEARBORN — The city’s chief judge last month made a ruling that could have big implications for the state’s two-year-old medical marijuana law.
In an order denying a motion to dismiss a possession of marijuana case, Judge Mark Somers wrote, “This court finds that in consequence of the lawful designation of marijuana as a Schedule I narcotic under the Controlled Substances Act, the Michigan Medical Marihuana Act is rendered unconstitutional and void in its entirety by operation of the Supremacy Clause of the United States Constitution.”
The Controlled Substance Act is a federal statute that classifies drugs into five categories, known as schedules, based on their potential for abuse. Schedule I drugs, such as marijuana, cocaine and LSD, are considered to be the most addictive and are not legal to prescribe.
The case stems from a traffic stop in January 2010. Dearborn police cited the defendant, Robert Brandon, for illegal possession of marijuana and contributing to the delinquency of a minor, according to court documents.
(Excerpt) Read more at pressandguide.com ...
Where to begin?
A) The automobile has a valid use and dope does not.
“Your position has no basis in fact.”
Yes, it does :)
“Yes, it does :)”
No, it does not! I’d love to converse more, but I have to head out to a gig. Weekend warrior, playing pedal steel with a bunch of ex-stoners, who are, to a man, excellent family men. Two of them own their own companies. The other two are highly valued employees of big corporations. They all quit, with not the slightest complications re; addiction or withdrawal. Your position on this is ridiculous!
Well, except for the tiny fact that under the enumerated powers and the 10th Amendment, the STATES not CONGRESS, have the right to regulate medical procedures, substances and treatments.
Pot has been around and widely used for 1900+ years longer than cars....
You have no right to drive a car...
Cars KILL people....
How many tens of thousands of people died in pot crashes last year?
Need I go on?
Your stated logic fails.
I'm not a big advocate of the individual use of intoxicants. I see them as a self-inflicted attack on your primary faculties...reason and logic...necessary for the enjoyment of life and all of its manifestations, nuances and intricacies and its importance in your own survival.
I understand the individual vs. state arguments and the state vs. federal arguments.
I detest totalitarian Obamacare, Obama and all of his enablers.
Life, liberty and the pursuit and destruction of totalitarians.
My "hooray" is probably for entirely different reasons than the judge's agenda. I have read Buckley's position and disagree with it. I know people who have the medical marijuana license in Michigan and plan to use the profits from the sale to others to support their retirement income (paraphrasing their words). I disagree with them.
I reject federal intervention in medical issues!!!!!!
I embrace federal intervention in medical pot!!!!!
Epic Logic fail.
“I’m not a big advocate of the individual use of intoxicants. I see them as a self-inflicted attack on your primary faculties...reason and logic...necessary for the enjoyment of life and all of its manifestations, nuances and intricacies and its importance in your own survival.
“
Thankfully...it is not up to you....
We settled that issue with the 21st amendment.
We tried it your way...doesnt work.
“My “hooray” is probably for entirely different reasons than the judge’s agenda.”
My point exactly...you position is based on emotion rather than cold logic.
You understand the fed/state issues involved...and reject them...because it suits you in this case...
Logic fail.
Your position is supported only by anecdotal evidence as well. Yes, lots of people experiment with marijuana and subsequently grow up and move on. That in itself doesn't support “safe” or “non addictive”.
Sooner or later most people have to move out of mom and dad's basement and find some way to support themselves. Unless they are Democrats.
I suspect that most “dopers” don't become “addicted” because their use is limited due to sporadic supply.
Apparently Judge Mark Somers has not gotten the message that we are ignoring the Federal Government’s own cronies arrogant self-serving assignment of the “limits” (or total lack there of) of their own power.
The Federal Governments own self-appointed cronies in black robes being unbound by the limits of the Federal Constitution 6 years ago, and thus able to out law the intrastate existence and consumption of a plant.
The case was called Gonzales v. Raich, and its out come is being openly ignored by at least 15 states. If theses states are successful in their nullification efforts it will pave the way towards reversing a great many other intrastate Federal tyranny’s that have developed over the last 100 years.
The simple truth is the Federal Government has no business in intrastate affairs.
This is not really about the medical use of marijuana. This is about federalism and the minute liberals figure that out will be the same moment many of them start abandoning this cause in favor of centralized arbitrary power.
And I know school friends whose potentials were completely destroyed from smoking dope. Went from good grade students to dropping out and now drifting on welfare and crappy jobs. Most of those ended up doing harder stuff too.
Marijuana to one side, this judge needs to be put out of office for supporting illegitimate federal supremacy over State laws.
While federal supremacy *does* exist, it should only do so for constitutional authority, not the bizarre extrapolations used in past. For example:
The federal government has specific authority to regulate “interstate commerce”. But this has been unconstitutionally expanded to also mean “INTRA-state commerce.” Which means ALL commerce in the US is under federal authority in their lights, which is unconstitutional and wrong.
While federal courts may permit this grotesque enlargement of federal powers, State courts and State judges should make it a point to stand up for the constitutional rights of their State, even if they know that their decisions will eventually be overturned in federal court.
But in this case, this judge not only snubs his State government, but he is punishing this citizen of his State, even though he is in general compliance with state law.
So even though this is a federal and State argument, the judge is using this citizen as a pawn in his whimsical game. Of course, the worst abuse will come with sentencing, and I’ll suggest right now that this judge will “stand on whimsical principle”, to inflict the maximum punishment on the defendant.
More than enough reason for this judge to be dismissed from the bench.
I see the judge’s decision as an interesting turn in the entire debate, therefore the “hooray”. The “states rights” in these individual states cases are fine by me. I do not reject them at all. As for states rights, I am all for a state outlawing abortion.
“I see the judge’s decision as an interesting turn in the entire debate”
I see it for what it is...a judicial zealot who took the opportunity to shoot down a law he is on record as a opposed to...
From the article:
“But what was most significant in the order was that Somers, an outspoken critic of marijuana and skeptic of the medical marijuana law, declared the medical marijuana law void.”
Gee...color me shocked...
Not to mention the fact that they're using the wrong definition of the word "regulate" - that is, "to control or direct by a rule, principle, method, etc." - instead of "to put in good order" as was intended.
“But in this case, this judge not only snubs his State government, but he is punishing this citizen of his State, even though he is in general compliance with state law.”
You win a cookie for OUTSTANDING LOGIC.
Well done!
“I see the judge’s decision as an interesting turn in the entire debate, therefore the “hooray”. The “states rights” in these individual states cases are fine by me. I do not reject them at all. As for states rights, I am all for a state outlawing abortion.”
Same, The Federal goverment has ZERO business butting its ugly head into intrastate affairs. That includes abortion just as it includes murder.
If the criminal who commits these crimes(where they are crimes) flees to anther state(foreign or domestic) then the Feds can get involved in helping to return them but not before.
The Federal Government of the United States is a goverment that was formed for a fairly specific and limited set of proposes/functions. Proposes/Functions that it now grossly neglects in favor of spending all of her time and OUR money on usurping our intrastate(as apposed to interstate) rights.
Where as Congress should be focused on the budget, foreign wars, trade and immigration policy’s/issues. She now wast time trying to take over our domestic economy’s and regulate our domestic chooses. Where theses are necessary we have State and Local governments to do them thus preserving the individual the back up option of protecting their rights with their feet.
But the Federal goverment oppresses the common individual thus leaving him or her at a distinct disadvantage relative to the super rich who can easily afford to go and be accepted just about anywhere in the world. Or conversely buy off the relatively few federal politicians to make the laws favorable to them and repressive to their upcoming competition.(regularly capture)
When State and local governments do theses things the common man may find his vote incapable of protecting him as he does now with the Federal goverment but he will also find his vote with his feet liberating. In that the Region who’s goverment and laws has been bought out by labor unions. He can go else where in search of work.
So true...a precision clock was once known as a “regulator”...
A regulator is to “keep order”...not to “impose will.”
In our Michigan county, if you have a traffic stop and pot is found, hope you have your certificate with you. YOu’ll get a traffic ticket for whatever got you stopped, but as long as you have that cert., no possession problems.
However, if you get stopped, and then 3 weeks later, bring a certificate into my office dated after the accident, we are all over you for possession. We hate the doctors certifications, cos we can tell from the person’s priors that they’re just dopers, in most cases.
And as far as I know, having a med-mj card does not prevent you from partaking in welfare. If that were the case, half the people that come to my office for services wouldn’t be there. (and dude, they REEK! I swear, they fire up a doobie in the parking lot just so they’ll smell like pot, just so they can flash their card).
Final note on my rant: I say the state ought to legalize it and tax the hell outta it, just like tobacco. In case Lansing hasn’t noticed, we’re in a bit of depression here. And legalizing it would help with the depression, we’d all be higher than hell and not care that we’re broke!
Thanks for posting the article, I’m going to keep an eye on this and report to the boss man, the one who signs the warrants.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.