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| It is my belief that the decision made by the Supreme Court about medical marijuana will be an indicator of things to come. Should the court decide against Oakland, medical marijuana will all but disappear. If medical marijuana disappears, its going to take with it the possibility of legalization, at least for the near future. Why? because this case is actually about whether or not STATES will be able to set and enforce their own drug laws. Whether or not as Waxman said, STATES will be given the power to "override those determinations [congressional ruling from 1970 regulating drug distribution] by reweighing the scientific and medical data and social policies considered by Congress, the attorney general and the secretary of health and human services, and concluding that the public interest supports the illegal distribution of marijuana" If Oakland loses this case, then the states will have no right to set their own laws regarding medical weed. It follows that they will not be able to debate, investigate, and make any new decisions on non-medical weed either. So any push for legalization, or decriminalization will have to occur on the national level. This situation would send the legalization front striaght back to square one. It would be a near lethal blow. Joe Schmoke, in a recent high times interview said that he thought removing criminal sanctions against weed is a battle that has to be fought on the state level and I agree with him. The federal government simply isn't going to open up the floor even for the mere discussion of this issue any time soon. The president has said he against medical marijuana, and although I don't have all of Congress' opinions on the subject at my fingertips, I suspect the majority lean twords the President's side. Getting any meaningful work done on the national level would require resources that far exceed those now possessed by the movement. Its also my belief that the Supreme Court will rule AGAINST Oakland, based on the limited information I have been able to find on the ‘net. The attorney for Oakland said he is trying to circumvent, in a way, the minefield of marijuana legalization and making this a States Rights case. That’s a very wise move. That’s exactly what it is. But its not going to work. Everyone thinks they know what this case is really about: Dope fiends trying to make everyone else a dope fiend just like them, and using AIDS's and cancer patients to do it. That is the perception of the Supreme Court, that is the perception of Congress and that is the perception of most folks who are in a position to do anything about the law. Nothing is going to change. (I am not a newbie, I just didn’t feel like posting under my usual name because of all the flack that I am going to get for this post) _________________________________________ What the American public doesn't know is what makes them the American public. | |
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