9th Circuit upholds Commerce Clause v. Medical Marijuana

[gnomon]

http://www.nbc11.com/health/11253193/detail.html

Angel Raich loses in the 9th Circuit Court after the Supremes had remanded the case back to that court. Of course the case before the Supreme Court was not about the legality of California's state law but that the Commerce Clause allows the federal law against marijuana cultivation and use, even for medicinal purposes, overrides California's state law.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=03-1454

Held: Congress' Commerce Clause authority includes the power to prohibit the local cultivation and use of marijuana in compliance with California law. Pp. 6-31.

Of particular relevance here is Wickard v. Filburn, 317 U. S. 111, 127-128, where, in rejecting the appellee farmer's contention that Congress' admitted power to regulate the production of wheat for commerce did not authorize federal regulation of wheat production intended wholly for the appellee's own consumption, the Court established that Congress can regulate purely intrastate activity that is not itself "commercial," i.e., not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity.

Where the judges get that reasoning from in a free market society is beyond me.

This is just another defeat for reason in general in this nation. Most people I talk to are surprised to learn that marijuana is a Schedule I drug yet morphine and cocaine are Scedule II drugs. How a nation that prides itself on its technological advances can continue to stick it's head up it's *** on this issue is disturbing.

What is just as disturbing is the validation the Supreme Court gave to the federal government in basically stating that the Commerce Clause allows for the federal government to regulate every aspect of our economic life.

 

[gnomon]

Taking a page from angellous,

Wow gnomon, you don't say!

Yes I do. What's even crazier about this case is that the woman, if she can show that the use of marijuana as a medicine is truly what allows her to stay alive then she can perhaps receive some form of treatment but first she will have to get arrested again and go through the court system to prove that she needs it.

Perhaps she can enter into a situation such as Richard Paey. Paey was arrested for drug distribution and sentenced to a mandatory 25 year minimum sentence. The Supreme Court refused to hear his case. It's amazing considering that the prosecutor in his case admitted that Paey is not a drug dealer. That he was not engaging in drug distribution. Also that the jury was not informed that a guilty verdict would result in a 25 year mandatory minimum under the law. Also that the all he was guilty of was trying to treat pain caused by multiple sclerosis and severe back injury following an automobile accident.

But now that man is sitting in prison in a wheelchair hooked up to a morphine pump giving him far larger doses of an active narcotic than he was taking before his incarceration. But hey, people with MS confined to a wheelchair present a grave danger to society.

So maybe Raich can get herself arrested by continuing the use of marijuana and receive treatment in prison.:cover: