Supreme Court Rules Feds Can Arrest State-Recognized Medical Cannabis Patients


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Sorry guys...I didn't notice the date on this until I had already posted it...opps :loopy:

State Laws Authorizing Physician-Supervised Use Of Marijuana Unaffected By Ruling

Washington, DC: The US Supreme Court today (6/6/05) reversed a Ninth Circuit Court of Appeals decision which found that the federal prosecution of patients who cultivate and possess marijuana for their own medicinal use is an unconstitutional exercise of Congress' Commerce Clause authority. As a result, the court struck down an injunction barring the Justice Department from arresting the respondents -- California medical cannabis patients Angel McClary Raich and Diane Monson -- for violating the federal Controlled Substances Act. Ms. Raich and Ms. Monson had filed suit in federal court in 2002 seeking to bar the US Justice Department from taking legal action against them for their state-sanctioned use of medicinal cannabis.

"While we are disappointed with the Court's decision, the bottom line is that state and local laws protecting medicinal cannabis patients and their physicians remain in place and are unaffected by this ruling," NORML Executive Director Allen St. Pierre said. Eleven states -- Alaska, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, Oregon, Vermont and Washington -- have passed laws exempting patients who use cannabis under a physician's supervision from state criminal penalties.

"With this ruling, Congress and the Justice Department have a choice: They can choose to waste taxpayers' dollars and undermine states' rights by arresting and prosecuting seriously ill patients who possess and use medical cannabis in compliance with state law, or they can choose more worthwhile priorities, like protecting national security and targeting violent criminals," St. Pierre said. He added that pending in Congress is House Bill HR 2087, "the States' Rights to Medical Marijuana Act," sponsored by Reps. Barney Frank (D-MA), Ron Paul (R-TX), Sam Farr (D-CA), Rohrabacher, and Hinchey, along with 31 co-sponsors, which would reclassify marijuana under federal law to properly recognize its medical utility and enable physicians to legally prescribe it under controlled circumstances.
Angel Raich
Angel McClary Raich

"The Court's decision today underscores the need for Congress to amend federal law to recognize cannabis' therapeutic utility," St. Pierre said." Throughout our history, the public has looked to state legislatures and Congress -- not the courts -- to be the architects of public policy. With 80 percent of Americans as well as numerous health organizations, including the American Nurses Association and the American Public Health Association, in favor of legalizing the physician-supervised use of medicinal cannabis, it's time for the federal government to butt out of doctors' decisions regarding which medicine is the most safe and effective for their patients."
Diane Monson
Diane Monson

Respondents co-counsel, NORML Legal Committee member David Michael agreed. "This decision is a great leap backwards by the Supreme Court, in eroding the Rehnquist Court's Commerce Clause legacy and creating chaos by pitting the Federal Government against its own citizens and their individual states," he said. "Where the Supreme Court has failed, it is now up to Congress to protect the citizens of this country and their states from an overreaching federal government."
Supreme Court Rules Feds Can Arrest State-Recognized Medical Cannabis Patients - NORML
No need to apologize; the damn decision still stands and it's still an affront to all peaceloving citizens. All the more reason to politicize 'cause nothing will change 'til the pols are actually losing votes. The only way to challenge these laws (ugh!) is to go back to the beginning. The legislations allowing the laws were/are based on falsehoods and outright perjuries. The laws were/are corrupted from the beginning; that's only one of their weak points but it's a good one. Citizens are duty bound to oppose bad laws.
I am still at a loss to understand why the US Constitution does not give protection as a basic human right to be happy and free of pain. Perhaps me being in Australia, and a political naive, accounts for my views, but it just blows me away when I hear "Land of the Free" you imprison your youth over a plant, and send your young men off to die in senseless wars in Godforsaken lands.
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