SOME OPTIMISM FROM MUNZ (HA-HA)
I received the following from Munz regarding yesterday’s post...
Mick: Obviously I share your half-century frustration with the flat-earth war on (some) drugs. I once wrote of the drug warriors that they are "wind-up monkeys who continue to slap the cymbals of stupidity." But yesterday’s decision is not as definitive as it seems. Dig below from Dale Gieringer of California NORML. The Supremes, while denying Raich/Monson's commerce clause argument (which was a shaky legal argument to begin with), also validated medical marijuana. Justice Stevens, who wrote the majority opinion, says a medical necessity defense is 'strong'. People need to read this. It's not the end of the world. In fact, it gives all legit patients who use med-mar a considerable legal leg-up. Unfortunately, in the interim, the 6-3 naysay may embolden those in local and state law enforcement who abhor med-mar laws. Expect more raids and arrests. Raich/Monson should have pursued a medical necessity defense which is based on English common law. The example often given is "you can steal a boat to save a drowning man." Best, Munz (One of your hard-drinking, cab-riding LA friends)
In its majority opinion against Raich and Monson (p. 6), the Supreme Court issued a significant word of warning about the wisdom of current federal laws: The case is made difficult by respondents' strong arguments that hey will suffer irreparable harm because, despite a congressional finding to the contrary, marijuana does have valid therapeutic purposes. The question before us, however, is not whether it is wise to enforce the statute in these circumstances; rather, it is whether Congress' power to regulate interstate markets for medicinal substances encompasses the portions of those markets that are supplied with drugs produced and consumed locally." The DEA and federal law enforcement officials would be well advised to heed this caution before rushing to enforce their bankrupt federal law.
For full text of the Supreme Court decision, see
http://www.supremecourtus.gov/opinions/04slipopinion.html
ALSO More on another medmar case from Wired... http://www.wired.com/news/medtech/0,1286,67780,00.html
And an NY Times editorial
http://www.nytimes.com/2005/06/08/opinion/08wed2.html?th&emc=th
CRYPTIQUE – Baby got barcode
The secret word is Myoclonic
Wednesday, June 08, 2005
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment