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  1. #1
    Atomic Punk Bob_R's Avatar
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    12.13.11 @ 02:09 PM
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    Court: Patients May Not Use Pot Legally

    Tue Jun 7, 2:10 AM

    WASHINGTON - Anyone who lights up a joint for medicinal purposes isn't likely to be pursued by federal authorities, despite a Supreme Court ruling that these marijuana users could face federal charges, people on both sides of the issue say.

    In a 6-3 decision, the court on Monday said those who smoke marijuana because their doctors recommend it to ease pain can be prosecuted for violating federal drug laws, overriding medical marijuana statutes in 10 states.

    While the justices expressed sympathy for two seriously ill California women who brought the case, the majority agreed that federal agents may arrest even sick people who use the drug as well as the people who grow pot for them.

    The ruling could be an early test of the compassion Attorney General Alberto Gonzales promised to bring to the Justice Department following the tenure of John Ashcroft.

    Gonzales and his aides were silent on the ruling Monday, but several Bush administration officials said individual users have little reason to worry. "We have never targeted the sick and dying, but rather criminals engaged in drug trafficking," Drug Enforcement Administration spokesman Bill Grant said.

    Yet Ashcroft's Justice Department moved aggressively following the Supreme Court's first decision against medical marijuana in 2001, seizing individuals' marijuana and raiding their suppliers.

    The lawsuit that led to Monday's ruling, in fact, resulted from a raid by DEA agents and local sheriff's deputies on a garden near Oroville, Calif., where Diane Monson was cultivating six pot plants.

    "I'm going to have to be prepared to be arrested," said Monson, an accountant who has degenerative spine disease and grows her own marijuana plants.

    Javier Pena, the DEA agent in charge of the San Francisco field division, said Monday his agency took part in the raid only at the request of local authorities.

    California Attorney General Bill Lockyer said Monday that "people shouldn't panic ... there aren't going to be many changes."

    Local and state officers handle nearly all marijuana prosecutions and must still follow any state laws that protect patients.

    The ruling does not strike down California's law, or similar ones in Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington state. However, it may hurt efforts to pass laws in other states because the federal government's prosecution authority trumps states' wishes.

    It was unclear whether any medical marijuana users ever have been arrested by federal agents. They typically are involved only when the quantities are substantial.

    Tom Riley, spokesman for the White House drug policy office, said federal prisoners convicted of marijuana possession had on average more than 100 pounds.

    Growers of large amounts of medical marijuana and people who are outspoken in their use of it could face heightened scrutiny.

    "From an enforcement standpoint, the federal government is not going to be crashing into people's homes trying to determine what type of medicine they're taking," said Asa Hutchinson, a former DEA administrator. "They have historically concentrated on suppliers and people who flaunt the law. There should not be any change from that circumstance."

    Allen St. Pierre, executive director of NORML, which favors legalization of marijuana, said the benchmark for federal intervention has been 50 plants.

    But he said the larger point is that the ruling could stymie efforts in other states to pass laws allowing for the use of medical marijuana.

    The Bush administration, like the Clinton White House before it, has taken a hard stand against state medical marijuana laws, arguing that such statutes could undermine the fight against illegal drugs. John Walters, director of national drug control policy, defended the government's ban. "Science and research have not determined that smoking marijuana is safe or effective," he said.

    St. Pierre said the decision points up a large difference between the administration and the public.

    "The disconnect is so wide here," St. Pierre said. "In no circumstance where voters have the opportunity to weigh in have they said no to medical marijuana."

    Justice John Paul Stevens, an 85-year-old cancer survivor, said the Constitution allows federal regulation of homegrown marijuana as interstate commerce. But he noted the court was not passing judgment on the potential medical benefits of marijuana.

    And Congress could change federal law if it desires, Stevens said, although that is not considered likely.

    The case is Gonzales v. Raich, 03-1454.

    ---

    On the Net:

    The ruling in Gonzales v. Raich is available at:

    http://wid.ap.org/documents/scotus/050606raich.pdf

  2. #2
    Atomic Punk ZeoBandit's Avatar
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    12.14.17 @ 05:57 AM
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    So use it illegally!
    "What we are dealing with here, is a complete lack of respect for the law" - Jackie Gleason, Smokey and the Bandit

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  3. #3
    The Joker BradS's Avatar
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    Quote Originally Posted by ZeoHalen
    So use it illegally!
    Exactly!

  4. #4
    Niners Fan! SactoFan's Avatar
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    Quote Originally Posted by BradS
    Exactly!
    Hope you don't get tazered...
    Can't stop...addicted to the shindig...

  5. #5
    Atomic Punk Bob_R's Avatar
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    Montel Williams smokes to ease his pain from multiple scerosis (sp?) and he's very upset over this ruling.

    I don't see a problem with a cancer patient smoking a "j" to ease his or her pain.

  6. #6
    Unchained
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    06.16.05 @ 08:22 AM
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    With so many medicinal uses of marijuana, it is a total shame and an violation of liberty to deny these people a right to their medicine while at the same time making them criminals.

  7. #7
    Top Of The World stratogibson's Avatar
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    06.24.09 @ 01:54 PM
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    It's a bigger issue than this my friends. The hemp plant can be used for way more than just medicine. It's most important use...oil. Note that during the 1930's it was banned during a very slow night in Congress by some congressmen in the pockets of Dupont and William Randolph Hearst. The hemp product made chemical production very cheap and sucked for Dupont, and made paper, which didn't help Hearst's timber production. Since then, "Reefer Madness."

    Besides, if it was legal, what fun would a doobie late at night be?


    "Sew the hempseed everywhere." - George Washington
    You know the best tone I ever had was with that little bandmaster cranked to 10. Edward Van Halen, 1980, Guitar Player Magazine.

  8. #8
    Baluchitherium mistere's Avatar
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    07.11.09 @ 03:27 AM
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    Retarded. By the time we get real on this issue I'll have quit smoking
    it completely. The question remains(for which there are definitive answers)
    why is pot such the bogeyman? Oh yeah, the "gateway" argument. Sure.
    More of a gateway than alchohol or tobacco? Why is it that I can go to
    any corner and drink myself to death (quite possibly) but I face a
    Draconian reprimand for pot use?
    I call bullshit.
    Last edited by mistere; 06.07.05 at 09:41 AM.

  9. #9
    Unchained
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    06.16.05 @ 08:22 AM
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    I agree with both of you guys, I wonder some times if most people every really stopped and thought, "why is getting high a crime?” The upsides of marijuana are so numerous, Cannabis Ruderaslis (sp?) creates the strongest fabric fibers in the world, way stronger than cotton and it doesn't even contain enough THC to get you high (unlike it's cousins, cannabis sativa and cannabis indicia.), however this is the majority of the “marijuana plants” the DEA destroys each year. Hempseed is more nutritional than soy, Not only was the original law perhaps motivated by the Cotton and Paper industry, but if you look at a lot of the evidence provided to congress by Harry J. Anslinger was very racist. “Marijuana makes the Negro feel as good as the White man” kind of shit. In fact the term marijuana was used by him to make cannabis seem like a Mexican drug, because xenophobia was at a fever pitch at this time in America and the use of cannabis among Mexicans was high. Now the drug war is nothing more than a bureaucracy used to waste American tax dollars. Millions are spent every year buying guns and equipment, training dogs, training agents and paying agents to do raids on medical gardens in California. This puts money a lot of into the pockets of businesses. And about Marijuana being a gateway drug, if you didn’t have to associate yourself with people that break the law anyway to get weed, then you wouldn’t be putting yourself around those same people that do harder drugs, and thus you wouldn’t be around those harder drugs. The gateway theory is bunk if any thought whatsoever is put behind it.

    http://www.firstcoastnews.com/news/s...?storyid=38168
    interesting article about medicinal marijuana.

  10. #10
    Damage your reputation seenbad's Avatar
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    12.15.17 @ 10:48 AM
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    Quote Originally Posted by SactoFan
    Hope you don't get tazered...
    lol
    sheepa latta peepah dabba looka foh a moopy

    Gunter glieben glauchen globen

  11. #11
    The Joker BradS's Avatar
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    Quote Originally Posted by SactoFan
    Hope you don't get tazered...

    I bet that's what you hope....

  12. #12
    Hang 'Em High RRMB's Avatar
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    05.21.17 @ 06:42 PM
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    Awwwwww fuck it...quit yer bitchin' and build a baseball field. It seemed to ease his pain.
    "Jesus, that fucker just crawled out of his hen house that was destroyed by the Alabama tornados. Fucking 280mph plus winds sucked the gleam off this bitch and passed it on to a bird in Rhoad Island." - Hurricane Halen 5/3/11 (about my birthday chicken from seenbad)

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  13. #13
    Eruption guitar08man's Avatar
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    they should give up already and just make it legal. Theres really no real reason to keep it illegal.

  14. #14
    Atomic Punk
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    Quote Originally Posted by NxtVanHalen.
    With so many medicinal uses of marijuana, it is a total shame and an violation of liberty to deny these people a right to their medicine while at the same time making them criminals.

    Write your Congressman. Tell him what you think.

    I used to be anti-Pot, these days I figure since alomst everyone smokes it then why the hell not just make it legal. I used to think how sad it was when someone fired-up, today I think: "Fuck, we could tax that shit". I figure if we can legalize it, we can get out out of our National Forrests and maybe some farmers in bad shape can grow it. Then we could smuggle it into China, Saudi Arabia and fuck up their culture.
    "Nothing is ever what it seems but everything is exactly what it is." - B. Banzai


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  15. #15
    Niners Fan! SactoFan's Avatar
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    Quote Originally Posted by stratogibson
    It's a bigger issue than this my friends. The hemp plant can be used for way more than just medicine. It's most important use...oil. Note that during the 1930's it was banned during a very slow night in Congress by some congressmen in the pockets of Dupont and William Randolph Hearst. The hemp product made chemical production very cheap and sucked for Dupont, and made paper, which didn't help Hearst's timber production. Since then, "Reefer Madness."

    Besides, if it was legal, what fun would a doobie late at night be?


    "Sew the hempseed everywhere." - George Washington
    This is very interesting...Is there a book or series of articles on this?
    Can't stop...addicted to the shindig...

 

 

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