
Originally Posted by
SFG75
You can find the case here-
Gonzalez vs. Raich et al I for one, believe that the decision was a complete and total joke. The reasoning that what the two sick gals did constituted "interestate commerce" and thus, falls under federal jurisdiction was completely laughable. I liked Justice O'Connor's eloquent dissent. As long as the feds proclaim that anything you do in private might "significantly" affect comerce, then they can act at a whim under the commerce clause pretense without check. Justice Thomas also echoed that concern by stating that if the feds can but in on a case where two people grew their own pot in their own home, then they can do so anywhere else. There is obviously no balance here between federal and state powers.
Good points. While the Federal Government and Supreme Court have taken up this issue under the "Commerce Clause" argument what they fail to show is that the state's individual laws will have an adverse affect on the commerce clause, which is a requirement for federal government to intervene. If a state's law has an adverse affect to either discriminate against another state (see the recent internet wine sales decision) or affects the free flow of interstate commerce then the federal government can intervene.
I believe that there was a sufficient enough question under the commerce clause for the Supreme Court to hear the case but there is insufficient facts to support their present decision.
Also . . . the whole issue is laughable. Decriminalize the whole "industry" and then either have government subsidized and run marijuana stores (much like the ABC stores on east and southeast) or allow it to be commercialized (like tobacco) then, as they always do, tax the hell out of it. Marijuana would then be legally available like alcohol and tobacco, which presently have high taxes, and it would also be available to people under a presciption (possibly better quality and no taxes).
Unfortunately, something this radical is never going to happen in the near future. Marijuana has become a villified and demonized substance up there with crank, cocaine, herion and the like. The creation of terms like "gateway drug" and such have served to push marijuana farther into the getto of the collective conciousness. This coupled with the fact that both state and federal supreme courts are populated by older justices with more "traditional" values when it comes to the use of marijuana for any reason.
One might think, after reading this, that I am a hard core marijuana smoker and keep my bong right next to my humidore. Actually, other than for medical uses I am PERSONALLY opposed to the use of marijuana. However, my personal beliefs should not be imposed upon the greater population just because I feel that marijuana use is harmful in most cases. Unfortunately, government, at all levels, has become the regulator of the individual lives and conciousness of its citizens . . . something completely opposite of its original purpose.
Sorry for the long-winded ramble here . . . this thread just caught me in a mood to write
Let us so live that when we come to die even the undertaker will be sorry. - - Mark Twain
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