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Posts from the ‘Arizona’ Category

29
Jan

Supreme Court Rule on Controlled Substances Act

In a major case before the US Supreme Court, Gonzalez v. Raich, the court ruled that the Federal Controlled Substances Act commerce clause gave Congress authority to prohibit the local cultivation and use of marijuana.

Facts of the Case

In 1996 California voters passed the Compassionate Use Act, legalizing marijuana for medical use. California’s law conflicted with the federal Controlled Substances Act (CSA), which banned possession of marijuana. After the Drug Enforcement Administration (DEA) seized doctor-prescribed marijuana from a patient’s home, a group of medical marijuana users sued the DEA and U.S. Attorney General John Ashcroft in federal district court.

The medical marijuana users argued the Controlled Substances Act – which Congress passed using its constitutional power to regulate interstate commerce – exceeded Congress’ commerce clause power. The district court ruled against the group. The Ninth Circuit Court of Appeals reversed and ruled the CSA unconstitutional as it applied to intrastate (within a state) medical marijuana use. Relying on two U.S. Supreme Court decisions that narrowed Congress’ commerce clause power – U.S. v. Lopez (1995) and U.S. v. Morrison (2000) – the Ninth Circuit ruled using medical marijuana did not “substantially affect” interstate commerce and therefore could not be regulated by Congress.

Questions

Does the Controlled Substances Act (21 U.S.C. 801) exceed Congress’ power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use?

Does the Controlled Substances Act (21 U.S.C. 801) exceed Congress’ power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use?

Conclusion
No. In a 6-3 opinion delivered by Justice John Paul Stevens, the Court held that the commerce clause gave Congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary. Stevens argued that the Court’s precedent “firmly established” Congress’ commerce clause power to regulate purely local activities that are part of a “class of activities” with a substantial effect on interstate commerce.

The majority argued that Congress could ban local marijuana use because it was part of such a “class of activities”: the national marijuana market. Local use affected supply and demand in the national marijuana market, making the regulation of intrastate use “essential” to regulating the drug’s national market.

Learn more http://www.oyez.org/cases/2000-2009/2004/2004_03_1454

10
Jan

Pro-Pot Lobby Spends Millions

The national pro-drug lobby spends millions of dollars to persuade voters to falsely believe “medical” marijuana laws are about compassion for the terminally ill. Because there has been little coordination between the states, the people of targeted states are unaware of the negative consequences of these bad laws until after they have been fooled into passing them. These laws are simply a back-door route to legalization, a shield for widespread recreational use of marijuana, and a springboard for a lucrative marijuana industry that can’t be regulated. Once passed, those selling these laws to voters on the premise of compassion quickly demonstrate their only real interest is capitalism.

Similar to the experience in other targeted states, virtually all of the money spent on Arizona’s “medical” marijuana initiative came from the Marijuana Policy Project. The Arizona prevention organization raised and spent a paltry $25,000 on their campaign as compared to well over $800,000 spent by the Marijuana Policy Project. Their disingenuous campaign tactics were ones used successfully in other states. Their campaign materials were printed in advance and their talking points were well rehearsed. Their main message was an impassioned plea to allow suffering, terminally ill people access to “medicine.” A beautiful young woman who had been a cancer patient was the official spokesperson. The media ate it up, giving plenty of free media time to the beautiful young cancer victim as a human-interest story (thus not a campaign message requiring equal time from our opposition). We were outspent and disadvantaged by years of propaganda. It should have been a rout.

The polls predicted a rout in Arizona. We now understand that the conducting and releasing of disingenuous polls is another one of the national pro-drug lobby’s campaign tactics. Throughout our campaign, well-funded pro-drug groups released (or encouraged the media to conduct and release) poll after poll showing that we would lose by a landslide. Apparently, the pro-drug lobby believes people (and legislators) are sheep. The simple question — “Are you in favor of ‘medical’ marijuana?” – does not reveal the deeper (and more relevant) feelings concerning the widespread recreational use, as well as increased social and economic ills, caused by these laws. This “polling” tactic is going on all over the country. The “polls” simply do not accurately reflect the opinion of the majority on the real issues.

As you know, contrary to the claims of the pro-drug lobby, state “medical” marijuana laws are not popular! (Similar to their strategy of relentlessly repeating their false mantra for 20 years that “marijuana is harmless,” they have spent millions and millions of dollars to deceive the public with disingenuous, loud and aggressive campaign tactics proclaiming the popularity of “medical” marijuana.) Marijuana advocates don’t mention that in California and Colorado, more cities and counties ban marijuana businesses than allow them! Nor do they mention that state “medical” marijuana laws create chaos, causing increased crime, youth marijuana use, and traffic fatalities and spawning a business that simply can’t be regulated.

As evidence that the public is becoming more aware of the chaos, just this past year, among other significant events:

  1. the people of Montana, through a grassroots campaign created by four moms, led a repeal effort (which led to repeal by the legislature, but then vetoed by the Governor, followed by the passage of a severely restrictive bill that now is being challenged in court by marijuana advocates),
  2. the people of South Dakota soundly rejected a “medical” marijuana initiative,
  3. the people of Oregon soundly rejected a “medical” marijuana dispensary component for their existing program,
  4. the people of California defeated a general legalization bill, despite being outspent by  marijuana advocates $3.8 million to $300,000,
  5. the people of Arizona very narrowly passed a “medical” marijuana bill, despite the fact that opponents were outspent by advocates $800,000 to $25,000, and
  6. a repeal bill was introduced in the New Mexico legislature, resulting in a memorial bill requiring comprehensive studies over the next year.
10
Jan

Local Governments say NO to Pot

“Local laws around the US thwart medical marijuana, even in states that have blessed it.

More and more states are saying yes to medical marijuana. But local governments are increasingly using their laws to just say no, not in our backyard.

In California, with the nation’s most permissive medical marijuana laws, 185 cities and counties have banned pot dispensaries entirely. In New Jersey, perhaps the most restrictive of the 17 states that have legalized marijuana for sick people, some groups planning to sell cannabis are struggling to find local governments willing to let them in.

Dispensaries have also been banned in parts of Colorado [and Montana, California] and have run into opposition in some towns in Maine.

Local politicians have argued that pot is still illegal under federal law, that marijuana dispensaries bring crime, and that such businesses are just fronts for drug-dealing, supplying weed to people who aren’t really sick.

Cities and towns are prohibiting dispensaries outright or applying zoning ordinances so strict that they amount to the same thing. The ordinances typically set minimum distances between such businesses and schools, homes, parks and houses of worship.”

Source: http://money.msn.com/business-news/article.aspx?feed=AP&date=20120109&id=14676813

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