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Fascist Supreme Court Outlaws Herbal Medicine
(Ann Harrison, Alternet. 7 June 2005)
The U.S. Supreme Court ruled Monday that federal authorities have the power to prosecute medical cannabis patients. . . . Raich, together with fellow patient Diane Monson sought a court order preventing the federal government from arresting them and two caregivers who grow Raich's medical cannabis. The action stemmed from a raid on Monson's property by federal authorities who seized the cannabis she grew to treat her chronic pain condition. . . . The 9th U.S. Circuit Court of Appeals granted the women an injunction against prosecution, but the U.S. government appealed the case, Gonzales v. Raich, to the Supreme Court. The justices ruled in a 6-to-3 decision that the federal government can enforce federal drug laws through its power to regulate interstate commerce under the Commerce Clause. . . . "This case had much to gain to protect patients under federal law but nothing to lose because state law is in effect and it preserves the status quo," Robert Raich said. "The federal government will claim as it always has that medical cannabis is not recognized under the federal law, but it is legal for patients under state law, so we have not changed the state versus federal conflict here." . . . Raich charged that it was irresponsible for Congress to ignore medical evidence and prohibit seriously ill patients from using cannabis under federal law, and that other courts could consider the due process and medical necessity arguments. The justices agreed that the issue must now be taken up by Congress. "But perhaps even more important than these legal avenues is the democratic process, in which the voices of voters allied with these respondents may one day be heard in the halls of Congress," wrote Justice John Paul Stevens in the last paragraph of his majority opinion. . . . Angel Raich, who says she would die without cannabis to ease her numerous medical conditions, said she will soon undergo surgery to treat an early stage of cervical cancer and must continue to use medical cannabis because she cannot tolerate other painkillers. She says she even considered leaving the country, but her two children ultimately encouraged her to stay and keep fighting for the rights of cannabis patients. . . . [COMMENT by Lorenzo: I too am a medical cannabis patient, and without access to this miraculous medicine I’m not really sure I’d want to continue living. Chronic pain is an insidious killer, as it first kills your spirit and eventually leaves you without the will to live. While uneducated and other simple-minded people like to snicker and make jokes about medical "marijuana", people of conscience understand that this is no laughing matter, and that the U.S. Supreme Court is a court of fools, sad, ignorant, fascist fools.] . . . Raich noted that she lobbied members of Congress earlier this year with talk show host Montel Williams, who uses medical cannabis to ease the symptoms of his multiple sclerosis. But Raich says many members of Congress would not meet with her and that people in positions of power must get more involved in pressuring Congress to reform marijuana laws. "I am here to talk on behalf of constituents and they are not taking my calls," Raich said. "Why? I want to know." . . . California State Attorney General Bill Lockyer, who supports medical cannabis, submitted an amicus brief supporting the Raich case as did a number of other states. "Today's ruling does not overturn California law permitting the use of medical marijuana," said Lockyer in a statement. "Although I am disappointed in the outcome of today's decision, legitimate medical marijuana patients in California must know that state and federal laws are no different today than they were yesterday." . . . The arguments in the case were crafted to appeal to federalist Supreme Court justices with a history of upholding states rights. The swing justices were Anthony Kennedy and Antonin Scalia, who had ruled for states rights in past decisions regarding guns in school zones and violence against women. But in the Raich case they broke with their conservative colleagues to uphold the powers of the federal government. . . . "Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has no demonstrable effect on the national market for marijuana," wrote Clarence Thomas in his dissenting opinion. "If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything -- and the federal government is no longer one of limited and enumerated powers." . . . Thomas was joined in dissent by Chief Justice William Rehnquist and Sandra Day O'Connor. . . . Jones believes the federal government may well see the decision as a greenlight to prosecute patients, growers and dispensary owners. But he believes those criminal trials and the controversy they generate will ultimately shift the politics of medical cannabis. "It will be painful for the people involved, but it will help change these laws," Jones said. "Bring it on."

[COMMENT by Lorenzo: Note that the Fascist Catholic Opus Dei-controlled Scalia, Pope Bene the Rat's man in D.C., even went against his conservative principles to criminalize medical patients who don't share his disdain for medicines that aren't produced by the drug companies who regularly treat him to lavish hunting and fishing trips with that Master of Evil, Dick Cheney. And if our mentally unbalanced dictator, Bush the Younger, has his way, Scalia is going to be our next Chief "Justice". . . . Sometimes I am asked why I gave up the practice of law. Well, when you are a lawyer and you give your honest opinion to a judge, you can be jailed for contempt of court. After working in that corrupt system for several years, I could no longer keep my mouth shut in front of these keepers of our morality, since I have nothing but contempt for the majority of them . . . and this ruling simply reinforces my decision.]

posted by LoZo 12:03 PM