Let the Federal Government mind its own
business. No, this does not reflect my
general view of legislation; however, it certainly does as it pertains to the
federal legislation which led to the U.S. Supreme Court’s ruling in May of this
year regarding the medial use of marijuana.
California is one of nine states that permits the use of marijuana under
certain circumstances. California
defines its particular circumstances as “medical necessity.”
There are many individuals who suffer a great deal of
pain from their diseases or injuries, for which marijuana provides incredible
medicinal value. Terminally ill
patients who have been given marijuana often claim it is the only drug that
helps with their pain.
The question now becomes how the federal legislation
called the Controlled Substances Act and the Supreme Court ruling applying it
to all states and, in effect, giving it the power of overruling all state laws,
will play out in California.
Proposition 215, which is California’s medical
marijuana law, is still in existence.
Most marijuana arrests are made by state law enforcement officers; very
few are made by federal authorities. It
now remains to be seen how local law enforcement agencies decide to deal with
this ruling. There is a common
perception that if local law enforcement decides to make arrests of people
using marijuana for medical purposes, they will encounter less than sympathetic
juries.
Justice Clarence Thomas wrote the opinion for the
Court indicating his belief that “marijuana has no medical benefits worthy of
an exception.” To put it mildly, I am
not a fan of Justice Thomas and I believe that this statement reflects his
ignorance on yet another issue. I don’t
know where he got that belief from, for literally everything out there in the
scientific community indicates that the ameliorative effects of marijuana on
people in significant pain are incredible.
It is also valuable regarding relief from nausea, which comes from
chemotherapy, along with pressure inside the eyes of those who suffer from
glaucoma.
Only time will determine whether this ruling becomes
a tempest in a teapot or whether it ends up having a significant impact on the
citizens of this state.
The states of Nevada and Maine are presently
considering creating their own marijuana distribution systems which would be
sponsored and controlled by the states themselves. I think these states will run into difficulty after this
ruling.
Hopefully, the federal authorities will not decide to
get serious about the enforcement of this federal statute in our fair state and
Californians will be left alone so that those who need the drug will continue
to gain the benefit they presently receive from marijuana without federal
interference.