Well, the Supreme Court ruled against medical marijuana. I did a report on this very subject a few semesters ago and I knew this would happen. I hate being right all the time. Here's what I got from the NORML newsletter. Careful, it's a big read: ---------------------
June 6, 2005
To: NORML Supporters From: Allen St. Pierre, Executive Director, NORML
Hello,
Today the United States Supreme Court ruled that federal law continues to prohibit the use of cannabis?even for the sick, dying and sense-threatened.
The first Associated Press story related to this morning's breaking news is found below along with NORML's reply.
As Justice Steven's writings for the court below indicate: "Perhaps even more important than these legal avenues is the democratic process, in which the voices of voters allied with these respondents may one day be heard in the halls of Congress."
It is hard to argue with Justice Stevens' point. Per usual, the greatest gains for cannabis law reform are to be made by achieving legislative changes in the law rather than looking to the courts for relief. In light of this, it is imperative that you contact your member of Congress today and urge him or her to support the States' Rights To Medical Marijuana Act, which would reschedule marijuana under federal law and protect patients in states with medical marijuana laws. Please take two minutes to send your member of Congress a pre-written letter today by visiting: http://capwiz.com/norml2/mail/oneclick_com...alertid=7531001
Thirty-three years after NORML launched the 'medical marijuana' debate by suing the federal government to re-schedule cannabis, regrettably that debate will apparently continue do to this morning's United States Supreme Court decision.
Challenges to cannabis prohibition laws are principally funded by citizens who support a change in the status quo regarding cannabis so please continue to provide the valuable resources, to NORML and other cannabis law reform groups, which are needed to keep pushing hard for these social reforms.
Regards,
-Allen F. St. Pierre Executive Director NORML Washington, DC
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Court Rules Against Pot for Sick People
By GINA HOLLAND The Associated Press
WASHINGTON (AP) - Federal authorities may prosecute sick people who smoke pot on doctors' orders, the Supreme Court ruled Monday, concluding that state medical marijuana 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.
Justice John Paul Stevens, writing the 6-3 decision, said that Congress could change the law to allow medical use of marijuana.
The closely watched case was an appeal by the Bush administration in a case that it lost in late 2003. At issue was whether the prosecution of medical marijuana users under the federal Controlled Substances Act was constitutional.
Under the Constitution, Congress may pass laws regulating a state's economic activity so long as it involves "interstate commerce'' that crosses state borders. The California marijuana in question was homegrown, distributed to patients without charge and without crossing state lines.
Stevens said 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 respondents may one day be heard in the halls of Congress.''
California's medical marijuana law, passed by voters in 1996, allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation. Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington state have laws similar to California.
In those states, doctors generally can give written or oral recommendations on marijuana to patients with cancer, HIV and other serious illnesses.
In a dissent, Justice Sandra Day O'Connor said that states should be allowed to set their own rules.
"The states' core police powers have always included authority to define criminal law and to protect the health, safety, and welfare of their citizens,'' said O'Connor, who was joined by other states' rights advocates.
The legal question presented a dilemma for the court's conservatives, who have pushed to broaden states' rights in recent years, invalidating federal laws dealing with gun possession near schools and violence against women on the grounds the activity was too local to justify federal intrusion.
O'Connor said she would have opposed California's medical marijuana law if she was a voter or a legislator. But she said the court was overreaching to endorse "making it a federal crime to grow small amounts of marijuana in one's own home for one's own medicinal use.''
The case concerned two seriously ill California women, Angel Raich and Diane Monson. The two had sued then-U.S. Attorney General John Ashcroft, asking for a court order letting them smoke, grow or obtain marijuana without fear of arrest, home raids or other intrusion by federal authorities.
Raich, an Oakland woman suffering from ailments including scoliosis, a brain tumor, chronic nausea, fatigue and pain, smokes marijuana every few hours. She said she was partly paralyzed until she started smoking pot. Monson, an accountant who lives near Oroville, Calif., has degenerative spine disease and grows her own marijuana plants in her backyard.
06/06/05 10:31 EDT
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NORML press release (6/6/05)
Supreme Court Rules Feds Can Arrest State-Recognized Medical Cannabis Patients
State Laws Authorizing Physician-Supervised Use Of Marijuana Unaffected By Ruling
Washington, DC: The US Supreme Court today 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 Congress is expected to vote later this month on a bipartisan amendment sponsored by Reps. Dana Rohrabacher (R-CA) and Maurice Hinchey (D-NY) that would prohibit the federal government from spending taxpayers' dollars to prosecute patients who comply with their state's medical marijuana laws. Also 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.
"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."
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 Courtıs 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."
For more information, please contact either Allen St. Pierre or Paul Armentano at (202) 483-5500. Respondents' co-counsel, NORML Legal Committee member David Michael is also available for comment at (415) 621-4500. -----------------------
biff- 06-06-2005
that's so stoopid.
ok, how many people have died of a pot overdose? how many of an alcohol overdose? i rest my case.
heaven forbid that those dying people get some relief.
calgoing- 06-06-2005
The worst thing is all those suck-ass politicians won't even acknowledge the medical benefits of Mary Jane. They just have such tunnel-vision on the war on drugs that they refuse to see it. "Fuck all the people with AIDS and cancer. Drugs are bad!" We'll never get anywhere with that kind of thinking.
biff- 06-07-2005
they're probably all too busy getting drunk.
when i see some guy on TV talkin about how there is no evidence that it helps anyone i always wonder what they would think if they, or their wife, or their Mom had cancer, aids, or MS.
face it. our country is evolving backwards. it's only gonna get worse too, since Bush is probably gonna get to appoint some Supreme Court justices. i wouldn't be a bit surprised if abortion was illegal by the end of his term.
calgoing- 06-07-2005
I wouldn't either. Thanks for losing the election, Kerry!
biff- 06-07-2005
the democrats need to enlist a movie star, like the republicans did with Regan. everybody would vote for Tom Hanks.
KeatonOnAPickupTruck- 06-07-2005
Wow, our country's principles are beginning to suck even more. I wouldn't be suprised if a certain president took back the guillotine.
biff- 06-07-2005
here's a thing i don't get... (it has nothing to do with Bush)
how come a guy who waves a gun at someone & threatens to kidnap them causing them to be frightened & run back into their house to call police would get 15 - 30 years, & Mark Hacking can murder his pregnant wife in her sleep & throw her in a dumpster so she could rot in a landfill for a couple of months get SIX years to life?
i can grasp the far end of his sentence, but not the low end. 6 years???
calgoing- 06-08-2005
No one ever said the law was fair. Oh, wait...
Well, Congress is voting now on letting patients use Mediweed. Let's see it this goes through. --------------------------
Dear NORML Member,
In response to this week's Supreme Court ruling granting the Justice Department the authority to prosecute state-authorized medicinal cannabis patients for violating the federal Controlled Substances Act, members of the US House of Representatives may vote as early as next week on an amendment to bar the US Department of Justice (DOJ) from prosecuting patients who use medical cannabis in compliance with state laws.
This important bi-partisan provision, scheduled to be introduced next week by Reps. Maurice Hinchey (D-NY) and Dana Rohrabacher (R-NY) as an amendment to the 2005 Justice Department appropriations bill, would prohibit the DOJ and the Drug Enforcement Administration (DEA) from spending taxpayers' dollars for the purpose of pursuing "any criminal or civil penalty or remedy against any person for the production, distribution, or use of marijuana for medicinal purposes in a state that authorizes that production, distribution, or use."
Writing for the Court's majority, Supreme Court Justice John Paul Stevens said that he longs for the day when medicinal cannabis advocates "may be heard in the halls of Congress." The 2005 Hinchey/Rohrabacher medical marijuana amendment does just that -- giving Congress the opportunity to go on record to protect and support the health and safety of patients who use cannabis therapeutically in compliance with the laws of their state. A vote on the amendment is expected as early as next Wednesday, so members of Congress urgently need to hear overwhelming support from their constituents. Please call and/or e-mail your member of the US House Representatives today and ask them to vote "yes" in favor of the Hinchey/Rohrabacher medical marijuana amendment. A pre-written letter is available here: http://capwiz.com/norml2/mail/oneclick_com...alertid=7309441
Sincerely, Allen St. Pierre NORML Executive Director
biff- 06-08-2005
i hope it works.
calgoing- 06-22-2005
Well, it didn't. Here's the newsletter from the 15th. ------------------
Earlier today the United States House of Representatives voted 161-264 against the Hinchey/Rohrabacher amendment, which would have prevented the Justice Department from carrying out federal prosecutions of patients in states with medical marijuana laws. In light of the Supreme Court decision calling on Congress to change federal medical marijuana law, this vote is a slap in the face to medical cannabis patients and caregivers nationwide.
Although NORML is disappointed that federal lawmakers failed to pass this amendment, we are encouraged by the fact that 161 votes is the most ever received in Congress on this issue. Last year a similar proposal received 148 votes. Clearly federal elected officials are starting to listen to the public on medical marijuana. It is only a matter of time before public policy catches up with public opinion on this issue.
Now that the Hinchey/Rohrabacher amendment has been voted down, our attention turns squarely to H.R. 2087, The States Rights To Medical Marijuana Act. If passed, this legislation would reclassify marijuana as a Schedule 2 substance with recognized medical benefits, forcing the federal government to stay out of states with medical cannabis laws. If you have not done so already, please send a pre-written letter in support of H.R. 2087 today to your member of Congress, by visiting: http://capwiz.com/norml2/mail/oneclick_com...alertid=7531001
NORML would like to thank those of you who took the time to call and write your members of Congress in support of the Hinchey/Rohrabacher amendment. Your support undoubtedly played a large role in today's historic vote.
Onwards,
Allen St. Pierre Executive Director NORML
biff- 06-22-2005
why are we evolving backwards in this country?
Cronny- 06-29-2005
I don't know, but thats a good way to put it
Intollerance levels are rising. The government is beginning to act as though they are omnipitant over the entire world, and because of it everyone hates us. Nay sayers are silenced. The TRUTH is silenced as well because its dismissed as liberalism (people don't realize that if a news show reports FACTS that happen disprove the president, its not liberal, its reporting!! )
Cronny- 06-29-2005
I've just realized something:
The republicans have done something ingenious. They've done so many things wrong, that practically every fact about them is a negative one. Therefore, when a legitamite news program reports the facts, it can be accused of a liberal bias because they don't have one good thing to say about the present government and therefore they can be dismissed as an unreliable news source.
biff- 06-30-2005
the problem with the news (a lot of the time) is that a lot of the reporters nowadays are more like celebritys than news paople, so they don't ask real questions anymore. they're too respectful of the President or other government officials. not one reporter ever asked for proof about the WMD before the war. it's like they're afraid that if they ask a politition a question they don't like, they'll never get another interview, so they only ask fluff questions.
(if that makes any sense)
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