medical marijuana patients in States with medical marijuana laws? Doesn't this violate the 10th Amendment of the Constitution?
I understand the Supreme Court's ruling on Raich vs. Ashcroft, but that mainly dealt with the effects on commerce (under Article 1 of the Constitution) when citizens grow their own marijuana.
2006-11-17 16:53:51 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The 10th Amendment has pretty much been watered down. It's now considered a truism -- anything not claimed by the federal govt is left for the states -- rather than as a limit on federal authority.
The issue is that Articel I gives Congress the power to regulate interstate commerce, and that applies even to non-commerical in-state activity where such activity affects any commercial action.
Drug sales are an interstate commerical activity (even if illegal) and thus Congress can regulate anything related to drugs. Because federal laws trump state laws, the federal drug laws apply.
I don't agree that's how it should work, but that's what the law is.
2006-11-18 04:25:16 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
Yes. The Controlled Substance Act is the law of the land and until striken by the US Supreme Court the 10th Amendment is fallible under this situation. Medical mary jane is a myth. You may as well believe in magnets. I live in pain; accidents have caused me five knee surgeries, thirty screws and three plates in one arm, head and eye injuries along with back problems. Tried the medical MJ and it didn't do squat. Yoga, physical therapy, heat and ice along with controlled systemic low dosage pain killers still works better.
2006-11-18 00:58:57 · answer #2 · answered by Jim from the Midwest 3 · 0⤊ 0⤋
Hmmmm.....who's to say their legal marijuana won't cross state lines and turn into illegal marijuana for profit? Very tricky, until pot is regulated by the FDA and packaged in prescription form dispensed by licensed pharmacists......
2006-11-18 01:02:53 · answer #3 · answered by fearslady 4 · 0⤊ 0⤋
There are still federal laws that must be obeyed even if a state says it's ok. So, I guess the answer to your question is YES.
2006-11-18 00:59:12 · answer #4 · answered by Leigh P 3 · 1⤊ 0⤋
i believe wholeheartely if it was for health reasons yes;other wise if its used for unmedical purposes no;cause alot of folks are abusing it like dealing and growing it to sell understandl;so if you smoke pot well ilegally or not guess what?youll be caught;thats what the stated law meant;
2006-11-18 01:08:12 · answer #5 · answered by feeling hopeless 1 · 0⤊ 0⤋
Our govt can do anything it wants to do.
Most especially when there are numerous Executive Orders that just needs a signature to deprive us of ALL OF OUR RIGHTS.
2006-11-18 01:03:34 · answer #6 · answered by charly 3 · 0⤊ 1⤋
Yep.
2006-11-18 00:56:09 · answer #7 · answered by Pancakes 7 · 1⤊ 0⤋