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To: zeugma

Am I wrong in reading that as Thomas suggesting he supports the removal of federal marijuana laws?

He has always been pretty anti-drug, but I can’t interpret his objection otherwise.


2 posted on 06/28/2021 11:13:39 AM PDT by Renfrew
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To: Renfrew
A prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the Federal Government's piecemeal approach.

Yes that's what he is saying

4 posted on 06/28/2021 11:17:23 AM PDT by lwd
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To: Renfrew
Gonzales v. Raich
7 posted on 06/28/2021 11:24:15 AM PDT by TTFX ( )
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To: Renfrew

He is saying that fedgov’s ignoring the law regarding intrastate possession and sale of marijuana should also apply to the IRS rules and laws, because if a business is legal in the state and the congress prohibits federal interference in that intrastate business, then the business hsould be equal with other businesses under tax law.


8 posted on 06/28/2021 11:25:42 AM PDT by MortMan (Shouldn't "palindrome" read the same forward and backward?)
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To: Renfrew
Am I wrong in reading that as Thomas suggesting he supports the removal of federal marijuana laws?

Seems to be. I think more than anything else Justice Thomas believes we should have some certainty in law. If the nation has decided this is an issue better handled at the state level, then it shouldn't be dealt with at the federal level. I think that's entirely reasonable. Personally, I am not a fan of marijuana. Would't use it if I could buy it at my local walgreens. Regadless, I believe it is something that is better dealt with at the state rather than federal level.

There are other implications to any decision that might have been made on this case though, which is the real reason I don't think it was granted cert. The main one being the whole 'sanctuary cities' for illegal aliens. Immigration is definitely something that should be dealt with on the federal level, because you need uniform laws across the country concerning citizenship.

Another issue the court would be hesitant to touch with any kind of finality is the issue of '2nd amendment sanctuaries'.

There is a huge can o worms involved here. The court has completely chickened out on all of it. Cowards, all. (but Thomas)

9 posted on 06/28/2021 11:27:49 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: Renfrew

FWIW Thomas dissented from Gonzales v. Raich—thus arguing against the warping of the interstate commerce clause (admittedly this is a ten second read of the case).

he would like the legal world to be something other than completely arbitrary so that citizens can figure out what the hell is supposedly going on and how they should behave—this is more fundamental than pro/anti drug


12 posted on 06/28/2021 11:38:10 AM PDT by Hieronymus
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To: Renfrew
What Thomas is saying is that Gonzalez v. Raich was wrongly decided, which I agree with and thought at the time. That was another opinion stretching the Interstate Commerce Clause well beyond the original intent of the Framers.

That case was one of a line of cases that go back to a New Deal decision that a farmer who grew wheat solely for his own use was nevertheless engaging in "interstate commerce" and subject to New Deal quotas. If that case were reversed the conflict between federal and state marijuana laws would no longer exist.

15 posted on 06/28/2021 11:46:56 AM PDT by colorado tanker
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To: Renfrew

Thomas was one of three judges (all Republican appointees) voted in favor of medical marijuana. Demonrat judges approve of anything that increases government power.


20 posted on 06/28/2021 1:30:15 PM PDT by bIlluminati (Demonetize the Left. Buy nothing from them. Sell nothing to them. Shun them.)
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To: Renfrew
He has always been pretty anti-drug, but I can’t interpret his objection otherwise.

Tens of thousands of lives and billions of dollars later, where do we stand on the "war on drugs?"

25 posted on 06/28/2021 9:34:30 PM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: Renfrew

The way I’m reading this is that if the Federal government is not willing to enforce the marijuana laws that they wrote, and are currently denying federal law enforcement from enforcing, then they need to rescind all “roadblocks” placed in front of businesses/people selling/using marijuana. Right now it is a Hodge Podge of enforcement and non-enforcement which leaves the average citizen totally unable to comply with the law or to even know what the law is.


26 posted on 06/29/2021 12:03:52 AM PDT by usnavy_cop_retired (Retiree in the P.I. living as a legal immigrant)
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To: Renfrew

No he is saying that the confusion between State and Federal winking at laws is causing citizens engaged in legal State commerce to be Violating Fed laws that can either be winked at or ignored or used against that citizen. Let’s say that citizen pisses someone in Fed government off.


27 posted on 06/29/2021 12:22:44 AM PDT by antceecee
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