With the notable exception of Justice Antonin Scalia, the anti-marijuana majority was made up of liberal-types. That's because in a larger sense, it was a states' rights case. The majority said the Constitution's Commerce Clause, meant to regulate interstate business, gives the feds the right to regulate, say, non-state-crossing spliffs.
"If there is any conflict between federal and state law, federal law shall prevail," wrote Justice John Paul Stevens in the majority opinion. Stevens also expressed sympathy for pot smoking patients but suggested the proper recourse would be for Congress to legalize such use. Justice O'Conner, writing the dissent, complained that the majority's wide-open interpretation of the Commerce Clause "threatens to sweep all of productive human activity into federal regulatory reach."
emphasis mine.
:::off looking for more opinions:::
no subject
Date: 2005-06-07 10:55 am (UTC)By all means, pump all manner of vile poisons into people's bodies as medecine, but god forbid you should allow treatment with a natural, plant-based drug, one with minimal side-effects and benefits in treating a number of ailments. By all means, ban its use IN THE NAME OF INTERSTATE COMMMERCE. For fuck's sake.
Me? Totally livid.
Dear Justice John Paul (we hates that you have our father's name, oh yes we do) Stevens, fuck you very much. Sympathy? You've just denied people a form of medical treatment in the name of interstate commerce and have trod upon state's rights as guaranteed by the US Constitution. You suck. A lot. No love, Me.
no subject
Date: 2005-06-07 11:32 am (UTC)no subject
Date: 2005-06-07 06:30 pm (UTC)no subject
Date: 2005-06-07 12:33 pm (UTC)Asshats.
no subject
Date: 2005-06-07 02:59 pm (UTC)It is OKAY to prescribe Oxycontin (or related Drugs) with many more side effects, but not marijuana (minimal side effects)?
Why not treat Marijuana the same as the other drugs and be able to prescribe it and if you are found with it without a script you are a criminal.
They just haven't found a way to control the medical distrubution of Marijuana...(oh wait they have a control over the distribution of Oxycontin and related drugs?!? *Insert Burning Sarcasm*)....in a way that they can assign a Tax to it yet.
I think this ruling by the SC is Frelling idiotic. They could have "no ruled" it, buy noooooooooo.
no subject
Date: 2005-06-07 03:44 pm (UTC)no subject
Date: 2005-06-07 06:33 pm (UTC)no subject
Date: 2005-06-08 06:29 am (UTC)no subject
Date: 2005-06-07 04:32 pm (UTC)and if this could only be made by a company and then sold by perscription... we wouldn't even be here