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Originally Posted by shakran
while I do not agree with the concept that medicine should be withheld from patients, the supreme court did what it's supposed to do. It interpreted the laws without changing them. The only time a court should change a law is when it abolishes the law because the law is unconstitutional.
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Actually, the SC's job is to interpret the Costitution regardless of law. It is the check and balance for the Judicial branch. Constitutionally, this case should have allowed the state the right to allow medicinal marijuana. However, they chose to go by a law that in my mind has no bearing on the case. They chose to ignore the Constitution and instead allowed and made a law constitutional.
See this is where I truly find the GOP crying over a matter they refuse to see as the true problem and find the courts the easy scapegoats.
A court does NOT make law (regardless of what you believe), they interpret laws and will find precedents supporting their case and the laws they find pertinent to the case.
In this case, however, the precedent is outdated and the law is federal therefore Constitutionally should not have been applicable to this case (as it is the government's constitutional duty to PROVE the medicinal marijauna crosses statelines and is abused AND NOT the people's duty to prove innocence (innocent UNTIL proven guilty).
Again, I argue that by their finding, they strengthen what the Federal government can do, and whatever law they chose to use as precedence.
Show me one case where the bench made a law..... I highly doubt you can. Instead the bench probably found a law that was already there unconstitutional or supported a law that legislature and executive branches had put into place.
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Originally Posted by shakran
Now, Congress should immediately move to make this legal. Marijuana is no more addictive or dangerous than morphine, yet we haven't made it illegal for patients in pain to get morphine. The very idea that we should withhold medicine because some people abuse it is absurd, and frankly very scary.
After all, people abuse all sorts of medicines. Coedine, morphine, sudafed, etc. Are they gonna make those illegal too, just because some idiots abuse it?
Seems pretty stupid - and mean-spirited - to me.
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There's a HUGE reason morphine is legal and medicinal marijuana isn't. It's IMHO, a reason Bush and many who are in the pharmaceuticals pocket wanted the result they got.
That is marijuana can be grown anywhere and doesn't need to be processed or formulated or whatever. In essence it is cheap and big business pharmaceuticals would lose money on the meds this would supplant (glaucoma meds, painkillers, etc). They cannot allow this to happen so I am sure they will lobby heavily against any bill allowing it to happen and we will never see one.
As for meds being withheld, I am sure there are quite a few out there that are, simply from a business and profit stance.
Mean spirited = no
Stupid = depends which side you are on
PROFIT DRIVEN = YES