Pubdate: Thu, 09 Jun 2005
Source: Los Angeles Times (CA)
Copyright: 2005 Los Angeles Times
Author: Douglas Malcolm MD, JD
Cited: Gonzales v. Raich ( )
Bookmark: (Cannabis - Medicinal)
Bookmark: (Opinion)


Re "Unconstitutional Cannabis," editorial, June 7: The medicinal use of 
marijuana benefits cancer patients by stimulating the appetite, suppressing 
nausea and relieving pain. To deny this to terminally ill patients causes 
needless suffering. Californians were justified in passing legislation to 
provide marijuana to such patients under the constitutional delegation of 
health, safety and welfare to the states.

I commend readers to the thoughtful dissents of Justices Sandra Day 
O'Connor and Clarence Thomas, who correctly identify that the medicinal 
private use of homegrown marijuana does not affect interstate commerce.

Unbounded federal regulation under an unlimited "commerce clause" analysis 
can be used to regulate such things as "quilting bees   and potluck 
suppers," as Thomas wrote, and constitutes an unrestrained and 
unconstitutional federal police power. The Times' opinion that the ruling 
is justified because the commerce clause analysis has been used to prevent 
Southern racial segregation is off the mark as such segregation clearly 
does affect interstate commerce.

Douglas Malcolm MD, JD

Shell Beach, Calif.
- ---
MAP posted-by: Jay Bergstrom