CheebaMonkey

Bush Asks Supreme Court to Okay Attacks on Medical Marijuana Patients
April 22, 2004 | MPP

WASHINGTON, D.C. -- The Bush administration yesterday asked the U.S. Supreme Court to reverse a federal appellate court ruling protecting medical marijuana patients and caregivers from prosecution by the federal government. If the high court agrees to take the case, the safety and well-being of tens of thousands of patients in states that have enacted medical marijuana laws will hang in the balance.

The case, known as Ashcroft v. Raich, was funded in part by the Washington, D.C.-based Marijuana Policy Project (MPP). Patients Angel McClary Raich and Diane Monson and their caregivers argued that because their medical marijuana activities are completely non-commercial and conducted entirely within California, the Commerce Clause as well as the Fifth, Ninth, and Tenth Amendments of the U.S. Constitution give the federal government no right to intervene. In a ruling issued December 16, 2003, the Ninth U.S. Circuit Court of Appeals agreed, holding that the "cultivation, possession, and use of marijuana for medicinal purposes and not for exchange or distribution is not properly characterized as commercial or economic activity" -- and is thus not a matter of federal concern.

The case has already had an impact in federal courtrooms within the Ninth Circuit. Also on April 21, U.S. District Judge Jeremy Fogel issued an injunction protecting the Wo/Men's Alliance for Medical Marijuana (WAMM) in Santa Cruz from federal attacks, citing Raich as the basis for his ruling.

"We are disappointed, but not surprised, that Attorney General Ashcroft has chosen to ask the Supreme Court for what amounts to a license to attack the sick," said MPP Executive Director Rob Kampia. "This administration has waged a war against medical marijuana patients that is completely unrestrained by science, compassion or sound legal principles. Conservatives should be appalled that the Justice Department is arguing that two patients and their caregivers, growing and using medical marijuana within California -- using California seeds, California soil, California water and California equipment, and engaging in no commercial activity whatsoever -- are somehow engaged in 'interstate commerce.'

"We hope the Supreme Court will let the Ninth Circuit's decision stand," Kampia added, "but seriously ill patients shouldn't have to depend on the courts for protection. Congress can and should end this cruel federal war on the sick immediately."

[CheebaMonkey: If the Supreme Court hears the case, it could be the end of the federal raids on medical marijuana patients! The federal government needs to stop abusing the Commerce Clause. States should be able to form their own laws in regards to medical marijuana, with no interference from the federal government.]

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Cassius

Agreed. I hope the SC agrees to hear this case. If anyone has understanding of and compassion towards the protection of the Constitution, it's the Supreme Court.

lilgrasshoppah

This is the same George Bush that swore up and down to leave medical marijuana a states issue?


I suppose watching the states not toe the offical party line has him worried...?

Zodiac Toker

wow is all i can say

im am thouroughly disgusted

i will continue to stand on the "anyone but bush" party lol

seriously if i ran for president i bet i would get more votes than him

taht and i would legalize

Interstate

How can they go after them under the guise of INTERSTATE COMMERCE when that is not going on at all???

Hall1bd

nah you will be surprised by the amount of people who will vote for that idiot. There are enough rich white people in the united states to possibly keep him there if enough people don't vote, especially young people. Its up the the nation to do what is right and get that guy out of there, even if the other candidates are not much better.

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"Only Dead Fish Swim With The Stream"

Dennis

There is a lot weight to what Rob Kampia says here, and he should be appreciated by the marijuana community at this point. "Way to go Rob!"


Dennis

BoomBoomCrew

I Will Smoke Weed For Bush

king cola

This guy (BUSH) doesn't know when to quit! He asks the supreme court for permission to get rid of the miranda rights in the constitution, that pissed the supreme court off that he even suggested it and at least they told him no. This guy doesn't want anyone to have freedom for one thing and it's obvious he wants to control everyone and everything.

Hitler and mussolini lied their way into office, gained peoples trust and then screwed them over by doing different things and next thing people knew he had too much power and no one had a say in anything. Bush targeting state laws is no different, especially when he tries doing things with the constitution. I don't get how the federal government can over rule a state law. If that's the case everything that the states make illegal that the government keeps legal, people who break those state laws shouldn't be arrested because they are not breaking a federal law.

I mean what the hell, the state of california voted for pot to be legal and the gov is saying oh we didn't say it's legal, well other things that some states made illegal, good example for this would probably be fireworks, the gov allows those items so therefore it over rules state!

They need to let people be, who cares if they smoke pot for medical use, does the gov really think these people who are dyin of cancer care what the risks of smoking might or might not do to them. Then again no matter what you smoke theres always health issues so it shouldn't matter.

theherbalist

This kind of crap makes me happy that the max any pres can reside in office is 8 years. I think anyone but Bush just because if he gets another term them he will find some way to become president for life. Though hes not much better I still think Kerry couldn't make things too much worse.

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