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Old 08-11-2003, 11:46 PM   #1
ThunderBalls
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Bush Lawyer Blasts State Marijuana Laws

Proving once again a vote in this country is meaningless.

http://customwire.ap.org/dynamic/sto...CTION=POLITICS

<h4>Bush Lawyer Blasts State Marijuana Laws</h4>

SAN FRANCISCO (AP) -- California and other states that want to make marijuana available to sick or dying patients are flouting federal drug laws in much the same way that Southern states defied national civil rights laws, a senior Bush administration lawyer said.

California is ground zero in a long tug of war with the federal government over the medical value of marijuana and the power of state governments and voters to make exceptions for people who may benefit from the illegal drug.

Five major federal lawsuits involve those who grow, use or recommend marijuana for medical use in California.

The Bush administration has asked the Supreme Court to settle the latest fight by agreeing that Washington has the power to revoke medical licenses of doctors who invoke state laws and recommend pot for their patients.

States cannot choose when to abide by federal law and when not to, Justice Department lawyer Mark Quinlivan said Saturday.

"You cannot cherry-pick," said Quinlivan, the top federal trial lawyer in three of the pending cases and a panelist at an American Bar Association discussion of medical marijuana.

California voters passed Proposition 215 in 1996, legalizing marijuana for medical use. Eight other states followed suit.

Federal law recognizes no medical purpose for the drug and bans its private production, sale or use.

"There is a basic question of what power does California have," said lawyer Gerald Uelman, Quinlivan's opponent in two cases. The federal law regulating drugs "is not a federal takeover of the medical system" or the duty of doctors to help the very ill, Uelman said.

Uelman and a California attorney general's office lawyer objected to the civil rights analogy and the notion that California is asserting the same kind of states' rights argument that Alabama used to try to avoid desegregating its schools.

When government agents shut down marijuana growers who serve sick people, it is "not acting with the same degree of moral propriety as it did to end civil rights abuses," said Taylor Carey, a California special assistant attorney general who wrote a friend-of-the-court brief backing medical marijuana.

California's fight with Washington has extended through the Democratic Clinton administration and the Republican Bush administration. The Supreme Court ruled against an Oakland marijuana distribution club two years ago, finding the federal drug law allows no exception for people to use pot to ease pain from cancer, AIDS or other illnesses.

The high court has not yet said whether it will hear the latest California case. The Bush administration wants the court to strike down a lower court ruling blocking punishment or investigation of physicians who tell patients they may be helped by the drug.

The administration's appeal, filed last month, argued that the ruling of the San Francisco-based 9th U.S. Circuit Court of Appeals keeps the U.S. Drug Enforcement Administration from protecting the public.

The ruling licenses doctors to treat patients with illegal drugs, and physicians who urge patients to use pot are no different from a doctor who might recommend heroin or LSD, Solicitor General Theodore Olson argued.

At issue is a Clinton-era policy that requires revocation of federal prescription licenses of doctors who recommend marijuana.

The appeals court said the policy interferes with free-speech rights of doctors and patients. Physicians should be able to speak candidly with patients without fear of government sanctions, the court said, but they can be punished if they help patients obtain the drug.
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Old 08-11-2003, 11:52 PM   #2
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Originally posted by ThunderBalls
The administration's appeal, filed last month, argued that the ruling of the San Francisco-based 9th U.S. Circuit Court of Appeals keeps the U.S. Drug Enforcement Administration from protecting the public.

The ruling licenses doctors to treat patients with illegal drugs, and physicians who urge patients to use pot are no different from a doctor who might recommend heroin or LSD, Solicitor General Theodore Olson argued.

protect me from the wacky weed oh ye wise and powerful morons.
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Old 08-11-2003, 11:58 PM   #3
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Marijuana bad.

Guns good.

Now there's unbeatable logic for ya!
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Old 08-11-2003, 11:58 PM   #4
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Old news. But we need some sort of law that either allows states to hsve their own bearing in certain things or that X amount of states change Federal Laws.
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Old 08-12-2003, 12:01 AM   #5
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Originally posted by Gemini
Old news. But we need some sort of law that either allows states to hsve their own bearing in certain things or that X amount of states change Federal Laws.
thats what congress / senate is for
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Old 08-12-2003, 12:01 AM   #6
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male it legal, keep people that grow plants out of jail.. stop people from having to steal to buy dope. stop the man made paranoia surrounding a natural thing.
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Old 08-12-2003, 12:03 AM   #7
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I agree, I think that alcohol is a much harder drug that weed.

how many people died from weed 0 from alcohol thousands

is week addictive no alcohol yes

how many girls pass out from weed and get raped 0 how many girls on alcohol many ....
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Old 08-12-2003, 12:03 AM   #8
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here they come.
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Old 08-12-2003, 12:03 AM   #9
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owe yeh, anyone ever hear of a pothead comming home and beating his wife?
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Old 08-12-2003, 12:07 AM   #10
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fuck george bush and his administration
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Old 08-12-2003, 12:09 AM   #11
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So, Republicans, which plank of the party platform is this based on: States Rights or Smaller Federal Government?

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Old 08-12-2003, 12:11 AM   #12
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Old 08-12-2003, 12:18 AM   #13
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Quote:
Originally posted by ThunderBalls
Proving once again a vote in this country is meaningless.

http://customwire.ap.org/dynamic/sto...CTION=POLITICS

<h4>Bush Lawyer Blasts State Marijuana Laws</h4>

SAN FRANCISCO (AP) -- California and other states that want to make marijuana available to sick or dying patients are flouting federal drug laws in much the same way that Southern states defied national civil rights laws, a senior Bush administration lawyer said.

California is ground zero in a long tug of war with the federal government over the medical value of marijuana and the power of state governments and voters to make exceptions for people who may benefit from the illegal drug.

Five major federal lawsuits involve those who grow, use or recommend marijuana for medical use in California.

The Bush administration has asked the Supreme Court to settle the latest fight by agreeing that Washington has the power to revoke medical licenses of doctors who invoke state laws and recommend pot for their patients.

States cannot choose when to abide by federal law and when not to, Justice Department lawyer Mark Quinlivan said Saturday.

"You cannot cherry-pick," said Quinlivan, the top federal trial lawyer in three of the pending cases and a panelist at an American Bar Association discussion of medical marijuana.

California voters passed Proposition 215 in 1996, legalizing marijuana for medical use. Eight other states followed suit.

Federal law recognizes no medical purpose for the drug and bans its private production, sale or use.

"There is a basic question of what power does California have," said lawyer Gerald Uelman, Quinlivan's opponent in two cases. The federal law regulating drugs "is not a federal takeover of the medical system" or the duty of doctors to help the very ill, Uelman said.

Uelman and a California attorney general's office lawyer objected to the civil rights analogy and the notion that California is asserting the same kind of states' rights argument that Alabama used to try to avoid desegregating its schools.

When government agents shut down marijuana growers who serve sick people, it is "not acting with the same degree of moral propriety as it did to end civil rights abuses," said Taylor Carey, a California special assistant attorney general who wrote a friend-of-the-court brief backing medical marijuana.

California's fight with Washington has extended through the Democratic Clinton administration and the Republican Bush administration. The Supreme Court ruled against an Oakland marijuana distribution club two years ago, finding the federal drug law allows no exception for people to use pot to ease pain from cancer, AIDS or other illnesses.

The high court has not yet said whether it will hear the latest California case. The Bush administration wants the court to strike down a lower court ruling blocking punishment or investigation of physicians who tell patients they may be helped by the drug.

The administration's appeal, filed last month, argued that the ruling of the San Francisco-based 9th U.S. Circuit Court of Appeals keeps the U.S. Drug Enforcement Administration from protecting the public.

The ruling licenses doctors to treat patients with illegal drugs, and physicians who urge patients to use pot are no different from a doctor who might recommend heroin or LSD, Solicitor General Theodore Olson argued.

At issue is a Clinton-era policy that requires revocation of federal prescription licenses of doctors who recommend marijuana.

The appeals court said the policy interferes with free-speech rights of doctors and patients. Physicians should be able to speak candidly with patients without fear of government sanctions, the court said, but they can be punished if they help patients obtain the drug.
He fills his nose with da powder, day don't be likin da grass!
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Old 08-12-2003, 12:20 AM   #14
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it's the old black and white logic at work again. There's no middle ground. Marijuana is evil :/ Whilst the CEO's of breweries etc are championed as captains of industry..
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Old 08-12-2003, 12:33 AM   #15
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"The Supreme Court ruled against an Oakland marijuana distribution club two years ago, finding the federal drug law allows no exception for people to use pot to ease pain from cancer, AIDS or other illnesses."

"The Bush administration has asked the Supreme Court to settle the latest fight by agreeing that Washington has the power to revoke medical licenses of doctors who invoke state laws and recommend pot for their patients."



Does the Federal Government play a role in the issuance of a license to practice medicine? Anyone know the answer.

It would seem to me that if the Federal Government plays no role in the issuance of a license to pratice medicine then they should not be in a position to play a role in the revocation of that license.

If they do play a role then the Supreme Court may very well rule in favor of the Federal Government...particularly since they ruled in favor of the Federal Government in the previous case.
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Old 08-12-2003, 12:39 AM   #16
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Old news. But we need some sort of law that either allows states to hsve their own bearing in certain things or that X amount of states change Federal Laws.
We have a law. It's called the Constitution, and it sets out what sorts of laws the States have the power to create, and what has to come from the Federal government.
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Old 08-12-2003, 12:41 AM   #17
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Of course the Feds could prosecute a doctor recommending the use of MJ...for conspiracy to committ a crime...if nothing else. A few prosecutions with the max penalty should pretty much take care of the doctors recommending the use of MJ.
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Last edited by theking; 08-12-2003 at 12:43 AM..
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Old 08-12-2003, 01:44 AM   #18
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Thats just it... the Feds do NOT license doctors, the States do. How can the Feds crack down other than to deny Fed monies? Simple, they bring a Bush in and just do it. No doubt it will be brought under their Patriot Act at some point. I'm not 'for' pot unless it actually helps someone beat the pain and still have some lucidity in their last days. I can only hope my Mother knew we were there while they had her hyped on morophine as she passed.

The part that seems odd is, that they can extract the THC and make it into some other form. Why aren't states doing so to thumb their noses at the Feds? Drugs are pretty much state to state (even WITH the FDA) in so much as whether they are allowed or not.
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Old 08-12-2003, 04:48 AM   #19
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I think the more important issue here is the fact that the people of these states voted to have marijuana legal for medicinal purposes and the federal government could give a shit about what the people want.

Poll after poll shows something like over 70% think pot should be legal and yet the feds continue with this bullshit. A perfect example of how special interests groups run this country. Marijuana will be legal someday but I don't see it happening for at least another 15 or 20 years.
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