Pubdate: Wed, 08 Jun 2005
Source: Missoulian (MT)
Copyright: 2005 Missoulian
Contact:  http://www.missoulian.com/
Details: http://www.mapinc.org/media/720
Note: Only prints letters from within its print circulation area
Cited: Gonzales v. Raich ( www.angeljustice.org/ )
Cited: Drug Enforcement Administration ( www.dea.gov )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)
Bookmark: http://www.mapinc.org/topics/Raich (Raich v. Gonzales)

IDEA OF LIMITED GOVERNMENT GOES TO POT

SUMMARY: Real implications of medical marijuana case involve the
expanding reach of the federal government.

The federal government may enforce a zero-tolerance policy on
marijuana because drug laws passed by Congress trump state laws
permitting the use of marijuana for medical purposes, the U.S. Supreme
Court said Monday.

You have to wonder whether this ruling will have much actual effect on
patients following their doctors' recommendations to use marijuana to
relieve pain. It's hard to imagine the U.S. Drug Enforcement Agency
getting so caught up on its work shutting down meth labs and nabbing
cocaine smugglers that it can devote much time to rounding up cancer
patients. Even if it did, what prosecutor with a sense of justice
would help strip a terminally ill patient of his last refuge from
pain? Indeed, in Montana, among the 10 states where voters have
approved limited use of medical marijuana, the attorney general said
the feds will get no help from him.

No, for the real impact of Monday's decision, you have to read all the
way through to Justice Clarence Thomas' dissent.

Thomas points out that the two California women at the center of
Monday's decision use marijuana, in accordance with state law, "that
has never been bought or sold, that has never crossed state lines, and
that has had no demonstrable effect on the national market for marijuana."

"If Congress can regulate this under the Commerce Clause," Thomas
wrote, "then it can regulate virtually anything - and the federal
government is no longer one of limited and enumerated powers."

What he's talking about, of course, is the fact that the Constitution
clearly defines - and limits - the power of the federal government,
with all other powers reserved to the states. There is a clause in the
Constitution giving Congress authority to regulate interstate
commerce. That's the commerce Clause Thomas refers to. That power was
supposed to be limited to regulation of interstate commerce - not all
commerce.

The medical use of marijuana involves so few people that it's
insignificant in the context of America's war on drugs. Still, the
issue chafes many pseudo-conservatives because they simply are opposed
to marijuana use as a matter of principle. You don't have to share
those values to understand them. What's harder to comprehend is that
one of the bedrock principles on which the United States stands -
limits to the scope of federal power over the states - would be so
carelessly discarded to accommodate a policy that has some immediate
political appeal but almost no real importance.

As a skirmish in the war on drugs, Monday's opinion borders on the
trivial. It looms larger as a potential precedent legitimizing bigger,
intrusive and all-powerful government. 
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MAP posted-by: Richard Lake