Text 21491, 83 rader
Skriven 2008-10-03 11:48:08 av Lee Lofaso (3:800/432.0)
  Kommentar till text 21389 av Shannon Talley (1:124/311)
Ärende: Going to Pot
====================
Hello Shannon,

ST>> >> PART X-E.  THERAPEUTIC USE OF MARIJUANA
ST>> >> Sec. 1046.  Prescription of marijuana for therapeutic use; rules and
ST>> >> regulations; secretary of health and hospitals
ST>> >> A. Notwithstanding any other provision of this Part, a physician
ST>> >> licensed to practice medicine in this state and who is also registered
ST>> >> to prescribe Schedule I substances with the Drug Enforcement
ST>> >> Administration may prescribe marijuana, tetrahydrocannabinols, or a
ST>> st> Since there is no authorization by the DEA for ANY physician to
ST>> st> prescribe Cannabis to treat anything, this law is worthless.
ST>> On the contrary. California has such a law. The DEA says that it's
ST>> worthless too, but they have to enforce federal law before the CA law
ST>> becomes useless. The DEA looks the other way, unless their is a flagrant
ST>> violation of federal law. i.e. for sale cannibus.

ST>Read Lee's post a little more closely and you'll see where it specifically
ST>states the physician must be registered to perscribe the material with the
ST>DEA.  California's law doesn't make any mention of a Federal Agent (or
ST>physician registered) with the DEA.

Doesn't really matter, given a U.S. Supreme Court ruling in 2005 which
said state laws are totally meaningless.

ST>We were specifically communicating about LA's horrible contridiction
ST>of laws (not unlike some other states).

The state of Louisiana bases its laws on the Code Napoleon, which is
why some of our laws seem strange from those outside of this state.
Instead of precedent, it is the intent of the law that matters.  And
the clear intent of the above legislation is to allow folks with
medical needs to use marijuana as a medicine.

ST>California, on the other hand, has a huge issue in regards to the
ST>constitutionality of the Federal Government trumping their state laws.

So does Louisiana.  And several other states.

ST>Specifically, according to the tenth amendment, "The powers not delegated to
ST>the United States by the Constitution, nor prohibited by it to the States,
ST>are reserved to the States respectively, or to the people." Simply put, any
ST>powers not mentioned previously in the constitution will be given to the
ST>States and the people to decide on.

Except for whatever The Decider says.  ;)

ST>In California, however, medical marijuana has been legalized yet the DEA
ST>still conducts raids on the marijuana dispensaries and clinics in the state
ST>even though the Constitution does not grant them the power to do so. The
ST>positions of power have corrupted, on the macro scale, the individuals in
ST>the federal government that wish to impose their morals on the citizens of
ST>the country, and on the micro scale, the individuals in the DEA who are
ST>using force on the citizens to execute said morality.

Marijuana is not regulated in this country.  It should be, but is not.
There are at least 240 different varieties of marijuana, many of which
cannot be smoked.  Also, by getting it on the streets one would have
absolutely no idea of what is contained.  It could be good pot, it could
be bad pot, it could be pot mixed with something that is very bad, it
could be not pot at all.  Better to pass federal legislation making it
legal for certain folks to use marijuana as a medicine, with the FDA
doing the oversight, thus ensuring folks get safe - rather than unsafe -
marijuana.

ST>The Constitution is supposed to provide a check on the federal government,
ST>but it has failed miserably in this and an innumerable amount of other
ST>situations. It is, after all, as forty-third president of the United States
ST>of America George W. Bush so eloquently put it, "just a goddamned piece of
ST>paper." It truly has no power to prevent corruption.

The Preamble sets the parameters of the Constitution.  By disregarding
the Preamble, the president makes a mockery of the Constitution,
choosing to do whatever the hell he wants in total disregard of the
people.  The same can be said of members of congress, and justices
of the supreme court.

--Lee


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