Monday, June 06, 2005

I want some of what they're smoking

In a continuing testament to the disproof of the hoary contention that the Supreme Court is "above" considerations of prevailing political opinion, the Supremes on Monday ruled that
[f]ederal authorities may prosecute sick people whose doctors prescribe marijuana to ease pain, ... concluding that state laws don't protect users from a federal ban on the drug.

The decision is a stinging defeat for marijuana advocates who had successfully pushed 10 states to allow the drug's use to treat various illnesses.
It's not only stinging, it's asinine.

First, the contention that marijuana has not been shown to be therapeutically effective in relieving symptoms of some conditions is utter bull and on-going studies continue to show its potential. The FDA doesn't agree - but the FDA refuses to do or to consider any studies on the topic, apparently for fear of what they'd show, so it is in no position to have any opinion on the matter.

Second, the marijuana used by the women who filed the suit was homegrown and home-consumed, it was not sold or exchanged for anything of value, and it never crossed state lines, which would seem to put it beyond the reach of Congress's authority to regulate "interstate commerce."

Neither of those facts mattered to the Court, which seemed intent on finding a way - any way - to declare federal power when it comes to the evil scourge of drugs which are destroying our civilization!

This, be sure to note, is the same Supreme Court that
earlier invalidated federal laws dealing with gun possession near schools and violence against women on the grounds the activity was too local to justify federal intrusion.
Apparently, what matters are "too local" to be overridden by federal law depends on whether the targets of those laws are pot-smoking cancer patients or NRA members.

Ten states currently have medical marijuana laws; what I'd like to see now is all of them (as I believe, but am not certain, at least one of them has) pass additional laws banning state and local authorities from any cooperation with federal agents in investigating, arresting, or prosecuting medical marijuana users - and then for all the rest of the states and DC to join them.

Footnote: In his opinion for the 6-3 majority, John Paul Stevens wrote that
there are other legal options for patients, "but perhaps even more important than these legal avenues is the democratic process, in which the voices of voters allied with these (California women) may one day be heard in the halls of Congress."
Why, you pompous, bloviating jackass.

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