Raid Relief
Speaking of medical marijuana, today a federal judge in California will reconsider a request from a Santa Cruz patient cooperative for an injunction that would shield the group's members from future DEA raids on their cannabis crop. Last August, U.S. District Judge Judge Jeremy Fogel dismissed a lawsuit in which the Wo/Men's Alliance for Medical Marijuana, joined by the City and County of Santa Cruz, challenged the federal crackdown on medical marijuana growers. Since then, however, the U.S. Court of Appeals for the 9th Circuit has ruled that the Controlled Substances Act "is likely unconstitutional" as applied to medical marijuana users in California, where state law recognizes the drug as a medicine. Aside from the drug policy angle, the case has important implications for interpreting the Commerce Clause and therefore for the distinction between national and state authority.
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This is going no where. The 9th Cir. will get reversed if it says the drug laws are unconstitutional. And the argument that CA can make drugs legal that the feds say are illegal is an obvious case of federal preemption.
Hey, Home... I must be reading the Constitution wrong. Where's this federal preemption clause? The 9th & 10th amendments seem pretty clear that if it ain't in the Constitution, the government ain't got a case.
I think you have it backward - the government has no right to tell 1) people or 2) states what is medicine and how it can legally be used.
Of course, you're right if you're simply stating that the Supreme Court won't see it that way.
I am saying what the SC will do. Federal preemption comes from the supremacy clause, Article VI, "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." The court reads this as saying that in any area that Congress "occupies" by passing federal legislation, states cannot pass legislation that conflicts with, adds to, or detracts from what Congress has passed, assuming of course that Congress had the right to pass legislation in the area to begin with. But the modern interpretation of the commerce clause basically lets Congress pass legislation in almost any area it wants.
I was joking about federal preemption... It looks like we're on the same page, though -- good decision on behalf of the 9th, but the Supremes will try to negate once they have the chance. I wouldn't bet against Randy Barnett arguing Raich before the SC, though.
Don't be *too* negative guys. This is at least a small step in the right direction. This gets the debate about medical marijuana back on the table. Talking about the issues is a start.
Hopefully when the cops do show up, the druggies will have their _ACLU Pocket Card on Police Encounters_ ready. 😉
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