Smoke Medicial Marijuana, Go to Jail

[Apathy]

SAN FRANCISCO, California (AP) -- A California woman whose doctor says marijuana is the only medicine keeping her alive is not immune from federal prosecution on drug charges, a federal appeals court ruled Wednesday.

The case was brought by Angel Raich, an Oakland mother of two who suffers from scoliosis, a brain tumor, chronic nausea and other ailments. On her doctor's advice, she eats or smokes marijuana every couple of hours to ease her pain and bolster a nonexistent appetite as conventional drugs did not work.

The Supreme Court ruled against Raich two years ago, saying that medical marijuana users and their suppliers could be prosecuted for breaching federal drug laws even if they lived in a state such as California where medical pot is legal.

Because of that ruling, the issue before the 9th U.S. Circuit Court of Appeals was narrowed to the so-called right to life theory: that marijuana should be allowed if it is the only viable option to keep a patient alive.

Raich, 41, began sobbing when she was told of the decision and said she would continue using the drug.

"I'm sure not going to let them kill me," she said. "Oh my God."



This bothers me on two levels.

1 - get the fuck out of my state, or any other state, mr. federal gov't.
2 - leave the potheads alone already

[Jorddyn]

I don't care if people want to shoot up heroin while tripping on LSD and smoking pot. Let them. End the drug war. Spend money on prevention/treatment for those who want it.

Legalize it, reduce the crime related to it (theft, killing, etc), end the spending money on locking up someone for possessing/using. Hell, tax it for all I care.

Of course, I don't see this happening any time soon, because whoever offers up the resolution will be inundated with cries of "Why do you hate America?" and "Won't you think of the children?"

Jorddyn, loves America, think of your own damn kids

[Landrion]

>The case was brought by Angel Raich, an Oakland mother of two who suffers from scoliosis, a brain tumor, chronic nausea and other ailments. On her doctor's advice, she eats or smokes marijuana every couple of hours to ease her pain and bolster a nonexistent appetite as conventional drugs did not work.

Holy shit, yeah prosecution is really gonna teach her a lesson. We dont want people to do drugs because theyre "bad for you". Sheesh, how much harm can it do in this case?

Itll probably get thrown out anyway if they actually prosecute though. I mean really, what jury is gonna punish this woman with the problems she has?

[Sean of the Thread]

DO THE CRIME DO THE TIME FUCKING HIPPIES!

[sst]

This bothers me on two levels.

1 - get the fuck out of my state, or any other state, mr. federal gov't.
2 - leave the potheads alone already

1. It's been a federal crime for a long time, and the states subverted it by making laws saying its legal. I'm sorry but Federal laws > state laws in America

2. Tell them to stop smokin pot and I am pretty sure they wont be much of a bother.

[Gan]

I smell a conspiracy here.

I think its the Frito Lay Lobby thats going after legalizing pot...

yea, thats it.

[sst]

>The case was brought by Angel Raich, an Oakland mother of two who suffers from scoliosis, a brain tumor, chronic nausea and other ailments. On her doctor's advice, she eats or smokes marijuana every couple of hours to ease her pain and bolster a nonexistent appetite as conventional drugs did not work.

Holy shit, yeah prosecution is really gonna teach her a lesson. We dont want people to do drugs because theyre "bad for you". Sheesh, how much harm can it do in this case?

Itll probably get thrown out anyway if they actually prosecute though. I mean really, what jury is gonna punish this woman with the problems she has?

Are we ignoring the rule of law here. It's illegal it doesn’t matter what the situation is, its still against the law, peroid.

[TheEschaton]

We studied this case in Constitutional Law, and it's basically bullshit.

This woman grows like 6 plants in her backyard at any given time to fill her medicinal marijuana prescription. She doesn't give or sell any of this to anyone, let alone anyone out of state, and it is completely legal under CA law.

However, ATF federalis raided her house, seized the plants, and arrested her, charging her under federal laws. The SC upheld her conviction mainly on the idea that by her growing these plants she "affects the national market of marijuana, [and] could possibly sell it to out-of-staters", thus making the federal law applicable under the Commerce Law, which allows Congress to pass laws restricting states only if it reasonably applies to interstate commerce.

Nevermind that this commerce: a) isn't happening, b) is illegal in the first place without a prescription, and c) doesn't affect the "national market" of marijuana because 1) marijuana isn't regulated because it is ILLEGAL most places, and 2) because it's only 6 plants used strictly for personal use!

It was a political decision through-and-through. Similar cases involving the commerce clause of the Constitution have utterly failed, and federal laws have been struck down, because the SC has found there was no interstate commerce involved at all. But none of those cases involved marijuana.

At least Scalia stuck to his states-rights doctrine and dissented from this opinion. It made odd bedfellows, I think the dissenters were the ultra-liberals...and Scalia....with Rehnquist, Thomas, and the moderates making up the majority.

-TheE-

[sst]

I don't care if people want to shoot up heroin while tripping on LSD and smoking pot. Let them. End the drug war. Spend money on prevention/treatment for those who want it.

Legalize it, reduce the crime related to it (theft, killing, etc), end the spending money on locking up someone for possessing/using. Hell, tax it for all I care.

Of course, I don't see this happening any time soon, because whoever offers up the resolution will be inundated with cries of "Why do you hate America?" and "Won't you think of the children?"

Jorddyn, loves America, think of your own damn kids

I guess you have never been anywhere where drugs are a large problem. I dont think you want crack or heroin addicts walking down the street in your neighborhood. If you do well...

[TheEschaton]

And Dave, obviously you don't have a basic understanding of law. Any rights not specifically reserved by the Federal Government in the Constitution, are rights of the States to regulate.

This includes all drug laws that deal with drugs inside the boundaries of their own states. Once it crosses state lines, ever, then it's a federal issue.

-TheE-

[sst]

We studied this case in Constitutional Law, and it's basically bullshit.

This woman grows like 6 plants in her backyard at any given time to fill her medicinal marijuana prescription. She doesn't give or sell any of this to anyone, let alone anyone out of state, and it is completely legal under CA law.



All the other drivel in there... This takes the cake. Read what you just posted. SHE GREW IT IN HER BACKYARD. I did not know I was capable of making my own perscription drugs and it would be okay, where do I get the reccipe for vicodine and oxy?

BUT isnt it illegal under FEDERAL LAW and was ilegal under FEDERAL law before it became legal under cali law? Come on, yeah it sucks to be in her position but if your going to talk about how legal things are at least let the bleeding heart crap stay out of it

[TheEschaton]

Federal Law doesn't exist within a state, it only exists to dictate the relationships between the states.

A states rights liberal,
-TheE-

[sst]

I stand corrected then TheE =), prolly why im not a lawyer

[Alfster]

Dane county police officials came out and said they would not arrest anyone who was carrying less than 20 grams of weed on them.

<--- looking for a job in that county

[Back]

If convicted, for her punishment, she should be stoned.

[Stanley Burrell]

For someone who suffers from cancer, the idea of putting free radicals from a combustion reaction into your lungs always seemed kinda weird to me when there are medications that can release THC (i.e. Marinol) via a much safer biochemical pathway of digestion.

Maybe her prescribing doctor already tried tinkering around with that + compazine, who knows.

[Bobmuhthol]

<<I'm sorry but Federal laws > state laws in America>>

See minimum wage.

No other evidence needed.

Apparently TheEschaton is on top of this.

[Keller]

Nevermind that this commerce: a) isn't happening, b) is illegal in the first place without a prescription, and c) doesn't affect the "national market" of marijuana because 1) marijuana isn't regulated because it is ILLEGAL most places, and 2) because it's only 6 plants used strictly for personal use!


It's a Wickard v. Fillburn issue. The aggregate production of personal-use-only pot meets the substantial impact test. It extends the scope of the old commerce clause beyond Daggenhart and Knight. I hadn't thought of the distinction that Wickard was dealing with a highly regulated wheat market. If argued correctly, that might make a difference.

[Keller]

The federal gov't is entirely too large.

Leave this issue up to the states and let the free market reign supreme.