"And what does the LORD require of you But to do justice, to love kindness, and to walk humbly with your God"
-- Micah 6:8

"The duty of the prosecutor is to seek justice, not merely to convict."
-- American Bar Association Standard 3-1.2(c)

"There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
--Pope Benedict XVI, June 2004

Tuesday, March 28, 2006

Science v. Spicoli



The Ninth Circuit (of course) is considering yet again the situation of Angela Raich, whose doctor claims she needs to smoke marijuana or she will die. Please. The whacky Ninth might buy it, but in reading over the summary, I wonder why the Feds did not put on some evidence, easily available, that "medical marijuana" is a fraud being foisted on the public by the dope head pot advocacy groups. The only reason to smoke marijuana would be for the THC. But the THC can be isolated and delivered more safely and without the side effects (like the four times the amount of tar in a joint compared to a cigarette) of toking. A pill like Marinol delivers the benefits of THC in a precise, known dose. Smoking a joint, on the other hand, is an inexact and risky way to deliver a dose of THC.

But of course a pill takes all the fun out of it.

Raich, you might recall, has been before the SCOTUS before, which ruled that the Feds can enforce the Controlled Substances Act even in states which, like California, have attempted to legalize marijuana for purported medical use. A wrongheaded decision on federalism grounds, even the usually sensible Scalia bought into the non-originalist, non-textualist reasoning of Wickard v. Filburn that purely intra-state economic activity can be federally regulated because it might have an indirect effect, however tenuous, on Congresses' attempt to regulate an inter-state activity.

HT: Crim Prof Blog.

11 comments:

Anonymous said...

""medical marijuana" is a fraud being foisted on the public by the dope head pot advocacy groups. The only reason to smoke marijuana would be for the THC. But the THC can be isolated and delivered more safely and without the side effects (like the four times the amount of tar in a joint compared to a cigarette) of toking"

Thank you for citing all that evidence to back up your unqualified assertions Mr. McKenna. Your reasoning would not be scary, after all it is your blog and you can muse on it all you want, but for the fact that you are a prosecutor.... Well, I guess I won't beat this dead horse, after all we had plenty of evidence that a swine flu epidemic was imminent and that evidence came from the goverment too....

Faithmy said...

"swine flu epidemic was imminent and that evidence came from the goverment too.... "

Somebody woke up on the stupid side of the bed this morning, huh?

Anonymous said...

Get your facts right. There is no claim that she will die without pot. The question is whether she will live in pain.

The 9th Circuit (unlike VA’s “courts”) doesn’t have discretion as to what cases it hears. So, this is but another one of your (probably successful) attempts to mislead the lay people.

Anonymous said...

Prosecutors get paid to mislead lay people. So does anyone who speaks for the government to the public.

Windypundit said...

"medical marijuana" is a fraud being foisted on the public by the dope head pot advocacy groups

And all the doctors are in on it? I mean, obviously the "dope head pot advocacy groups" and drug legalizers would like to see it, but how'd they get the doctors to go along if there's really nothing to it?

Faithmy said...

"Prosecutors get paid to mislead lay people. So does anyone who speaks for the government to the public"

Everyone--get your tinfoil hats on! Floride is put in our water to let the aliens take over from the NWO!! RUN HIDE REPENT!!!

Anonymous said...

So, who is lying? Scalia (who went to a real law school) or Tom (who went to a TTT) ?

Tom McKenna said...

Windy: "All the doctors?" Not so much... "The AMA recommends that marijuana be retained in Schedule I of the Controlled Substances Act" until studies are done showing that "medical marijuana" use is safe and effective. http://www.ama-assn.org/ama/pub/category/13625.html#recomendation. That has not happened yet.

Anon: you're back, with your TTT obsession still intact. I won't disturb you with the fact that GMU is actually a top-tier school, ranked 37 in the latest USNWR ranking.

Windypundit said...

Tom: I wasn't clear. I meant all those doctors who prescribe medical marijuana. I don't know much about the research that claims to support medical marijuana, but clearly some doctors are convinced, since they are willing to prescribe it.

Opponents of medical marijuana must admit that some doctors condone it, otherwise they would not be worried that some doctors will prescribe it. Why do you think those doctors condone it? Do you really think doctors will hand out weed prescriptions to everyone who asks?

Anon: You're trying to use an appeal to authority to argue that a state prosecutor is wrong to criticise a sitting Supreme Court Justice and all you can think of is that Scalia went to a better law school?

Anonymous said...

Tom, GMU is a TTT. Being ranked 37th is a shame and most parents I know would deny having a son or daughter that went there.

Windy, I don’t think that Tom is criticizing a Supreme Court justice. Tom thinks Scalia is wonderful.

Faithmy said...

"Tom, GMU is a TTT. Being ranked 37th is a shame and most parents I know would deny having a son or daughter that went there"

Do your parents admit to knowing you?