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6.6.05

More on medical marijuana...

From the Washington Post:
  • The Supreme Court ruled today that states may not enact their own laws allowing medical use of marijuana.

    In a 6-3 decision, the court agreed with the Bush administration that the regulation of controlled substances, including marijuana, is the exclusive province of Congress.

    Eleven states have enacted laws allowing some form of marijuana administration for patients who, in the view of their physicians, might be helped by the drug.

    Backers of medical marijuana argued that such laws were purely local matters, not necessarily subject to federal regulation.

    The Bush administration said that the marijuana trade is part of an interstate market regulated under the Constitution as a form of interstate commerce.

    The court agreed in an opinion written by Justice John Paul Stevens, who said that the Controlled Substances Act of 1970 was a valid exercise of federal power by the Congress "even as applied to the troubling facts of this case."

    He noted that Congress is free to change the law to give the states more flexibility.

    A decision going the other way would have been a major shift in U.S. constitutional law.

Okay, I can see the interstate trafficing issue, and agree that such authority is specifically mentioned in the Constitution.

However, what business of Congress is it if I were to grow some plants in my house for personal use or for sale to my neighbors?

Optimistically, we have 3 Supremes who still may recognize the 9th and 10th amendments as part of the Constitution; those being O'Connor, Rehnquist, and Thomas. Where was the supposedly conservative Scalia on this issue?

Ultimately, this is a losing battle for opponents, because the American people will ultimately realize the futility of the War on Drugs and that marijuana actually can have a positive impact on terminally ill individuals.

I look for this issue to be one of many which rejuvenate the various State legislatures to reassert their power in our Republic. States are rejecting certain provisions in the No Child Left Behind Act. States are complaining about the Patriot Act. States are trying to assert sovereignty in the area of gay-marriage and abortion. Now, States are going to try to be heard when it comes to teh issue of medical marijuana.

For those who believe in the Constitution and its original intent, this decision is a very good thing, though at present it may not so appear.