Drug WarRant by Pete Guither Heading Image

Last updated:
5/12/07; 11:09:04 PM


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Action alert: Senate committee vote will be taking place very soon on repealing the bad financial aid provision. Go to http://www.SchoolsNotPrisons.com/help/ and take action now.

Thursday, April 22, 2004

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Check out ProtectLiveMusic.org a project of the Drug Policy Alliance. It's a good awareness site of some of the drug laws in particular that are targeting the music industry (just as Anslinger targeted musicians in the early days of criminalization). There are action items where you can make a difference.

This Saturday, April 24, is their Day and Night of Outrage, complete with some wonderful music, in clubs around the country.

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9th Circuit Commerce Clause Medical MJ Ruling to be Appealed to the Supremes


On Tuesday, John Ashcroft's " Justice" Department asked the Supreme Court to review the Ninth Circuit Court of Appeals' ruling in Raich vs. Ashcroft, which found that the federal ban does not apply to those who use cannabis for medical purposes on their doctors' advice, obtain the medicine without buying it, and get it within their state's borders. The government contends there should be no medical exceptions to the federal anti-marijuana laws.

The December 16, 2003 decision in Raich vs. Ashcroft (Ninth Circuit Case No. 03-15481) was the first time a federal court had found a constitutional limitation to application of the Controlled Substances Act, the federal law that prohibits all use of marijuana. The court ruled that patients who grow their own or receive it free do not affect interstate commerce. Congress's ability to regulate interstate commerce is the basis for federal drug laws. The December ruling applies to California and the six other states in the Ninth Circuit's jurisdiction that allow medical cannabis use: Alaska, Arizona, Hawaii, Nevada, Oregon and Washington.

Of course, there's no certainty what will happen with the Supreme Court, and yet I find myself welcoming the battle. It's a good case. Properly narrow. After all, they grew the pot themselves, didn't sell it, and used it in accordance with their state and local laws -- it's hard to defend the federal interest.

I really want to see the Supreme Court tell John Ashcroft that the Constitution isn't about giving him the right to do whatever he wants to us.

[Thanks to Hillary with ASA.]

Update: Learn more about the case at Angel Justice.

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There's a war going on. It destroys lives and families, spawns violence, suspends civil liberties, tramples on the infirm, locks up millions of peaceful citizens, costs billions, and subjugates reason with fear. This blog looks at the front lines of the drug war, with news, analysis, and the occasional rant.

Drug WarRant
© Copyright 2007 Pete Guither. Click here to send an email to the editor of this weblog.
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Last update: 5/12/07; 11:09:04 PM.
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