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 ...
Agree. Thanks. Good discussion BUMP!
THAT...is proper enforcement of the law...
YES...the clown tried to run out AFTER the fact and get a script...
And that means he didnt have the proper one at the time...
Conviction on possesion alone would seem proper...
For the judge to throw out a state law and bow to the feds is an over step IMHO.
And I aggree...(obviously as a pot smoker)...the application of the law should dicern whether I’m impaired or not....not what ever I may have in my blood stream...
If one is impaired...one should be taken off the road and charged with impairment.
I can fully support that.
“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.”
And I know people who have never smoked pot in their entire lives who have totally screwed up their future...ended up on welfare or crappy jobs..or in prison....
Your point is moot.
Drop the emotive and embrace cold logic.
You really will be much better off in your daily life.
“Logic....it’s the conservative thing to do...”
Under what Constitutional authority does the Controlled Substances Act even exist in the first place?
The “cuz I said so” clause...
If you are actually looking for reason...look up “John Anslinger” and cross reference with “Dupont” and “Herst”
It was all about money...it always is...
I’m all for proper law enforcement...I’m also all for proper laws.
We are not far apart on the big picture.
Agree 100%.
Actually this is a terrible ruling.
Nothing about the constitution requires states to ban marijuana.
No state must prosecute or enforce federal law.
Furthermore, the federal law is unconstitutional.
If congress had the authority to ban it there would have been no need for a constitutional amendment to ban alcohol.
The Feds need to back off. It’s a state issue.
You are right.
Marijuana (schedule 1) is a gateway drug to more dangerous drugs like amphetamines (schedule 2)?
Makes no sense at all.
Drug prohibition is just an excuse to justify thousands of government jobs IMO.
You got it. There is a huge crater where the Constitution used to be, left when a bomb known as Wickard v. Filburn was detonated.
Even CA wouldn't have that. Prop 19 lost 53.5 to 46.5 in Nov 2010.
I bet less money is spent on alcoholics than was spent on enforcing Prohibition for sure. This will just be another unenforceable law.
If you accept the rationale of public assistance and medical funding, you should also accept that sometimes it be given to unworthy recipients. Or you will have to pay for an even larger bureaucracy.
I propose a constitutional amendment.
If the government declares a war and fails to make any progress or measurable success after thirty years, the declaration must be rescinded.
Just a thought.
Good point. And let’s legalize rape and murder too because jails don’t stop murder and rape. I think most potheads are missing a few screws upstairs.
Thanks for the link.
“If you accept the rationale of public assistance and medical funding, you should also accept that sometimes it be given to unworthy recipients. Or you will have to pay for an even larger bureaucracy.”
But I don't. On all counts. Here, try this example. When DVD players first came out, they were $700. But, free market competition drove the price down. New features came on board, new technology. Now DVD players are $30 at Wal Mart and Blue Ray is supplanting them. That is the lack of Government intervention in the market.
Now, try government public assistance in medicine. Remove the competition. Tell a company the government will give them X amount in Medicare payment. There is no incentive to ever go below X. In fact, you know that everything above X is pure profit. The company fixes the price at 3 times X and everyone in the market does the same thing. If they only make 2 times X then who cares? You have killed competition, stifled innovation, put a floor in the price to the consumer, and used someone else’s money to do it.
I don't accept that it is “...sometimes it be given to unworthy recipients”. Wasn't the selling point to Obamacare that most of the funding would come from eliminating fraud and waste from Medicare? Yet, they have been blowing tens of billions of dollars in that very fraud and waste for decades and it never bothered them a minute until they wanted trillions from you. How are they gutting this waste and fraud now? They aren't. They don't care. “Or you will have to pay for an even larger bureaucracy.” Why should there be a bureaucracy to begin with? The biggest impediment to universal affordable and innovative healthcare in the market is the fact the government is in it at all!
Now you want to pack even more into this corrupt socialist system with voluntary drug users whose only limitation from slacker paradise of government housing, government food, and no need to ever work while getting stoned, is the fear of incarceration taking their free government stuff away from them?
Not hardly.
Unfortunately, we can’t build laws around your friendship circles. There are heroin addicts who have run good businesses. There are shoplifters who are kind to their children. Trust me, Holland is a mess. Their healthcare system can’t keep up with the fried brains. I don’t see the logic in your position.
Garbage. LSD is the opposite of addictive.
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