HELENA – There is no fundamental right for patients to use any drug, particularly one like medical marijuana that’s illegal under federal law, the Montana Supreme Court ruled Tuesday, in reversing a lower court decision.

In a victory for the state, the Supreme Court’s 6-1 decision reversed a District Court’s temporary injunction that blocked enforcement of part of a 2011 state law that sought to restrict access to medical marijuana.

“In pursuing one’s health, an individual has a fundamental right to obtain and reject medical treatment,” Justice Michael Wheat wrote for the majority. “But, this right does not extend to give a patient a fundamental right to use any drug, regardless of its legality.”

Joining Wheat in the majority were Chief Justice Mike McGrath and Justices Jim Rice, Beth Baker and Brian Morris and District Judge Susan Watters of Billings, who filled in for Justice Patricia Cotter. Justice James Nelson dissented.

The Supreme Court overturned Helena District Judge James Reynolds’ June 2011 decision that temporarily blocked restrictions to access to medical marijuana in the 2011 law. It sent the case back to Reynolds and directed him to apply the “rational basis” test rather than the “strict scrutiny” test to determine whether certain provisions of the law should be enjoined.

A “rational basis” test begins with the assumption that a law is constitutional unless it’s not rational. Under a “strict scrutiny” test, there is a heavier burden on the state to justify a law and it must establish a compelling state interest.

State Justice Department officials received the opinion late in the day and wanted to analyze it before commenting on the ruling, spokeswoman Judy Beck said.

James Goetz, the Bozeman attorney representing the Montana Cannabis Industry Association and other plaintiffs, said the state won this round, “but we’re not done yet.” He said he will file an alternate argument under the “rational basis” test before the District Court that the 2011 law doesn’t pass muster.

“So we will take that back to the District Court because this law is indeed not rational,” Goetz said. “I don’t see how any rational court could find this law rational.”

Goetz said he doubts that the case will go before the District Court before the November election.

*****

Last year, medical marijuana supporters obtained enough signatures to place the 2011 law on the ballot as a referendum. Voters on Nov. 6 will decide whether to keep or reject the law.

In 2011, the Montana Legislature changed the law to allow a medical marijuana provider to serve only three cardholders and forbade them from accepting any payment for medical pot, although cardholders could pay their licensing fees. Previously, there had been no limits on the number of people providers could serve, and they could charge fees for selling medical marijuana.

The Montana Cannabis Industry Association sued shortly after the 2011 Legislature adjourned in an attempt to strike down the entire law. Reynolds temporarily enjoined several parts of it.

Montana voters had approved Initiative 148 in 2004 to legalize the use of marijuana for certain medical purposes here. However, marijuana remains illegal under federal law.

The number of medical marijuana cardholders had skyrocketed to more than 27,000 before the 2011 Legislature convened. The numbers soared after a series of “cannabis clinics” around the state in which people could obtain medical pot cards in a matter of a few minutes, often through Internet consultations with out-of-state doctors.

Wheat said the right to privacy “does not encompass the affirmative right of access to medical marijuana.”

“The plaintiffs may decry that the Legislature gutted I-148, but it was within the Legislature’s right to do so,” Wheat wrote.

The new medical marijuana framework “does not suddenly raise the affirmative right to access a particular drug to a fundamental right protected by our constitution,” Wheat wrote. “Moreover, the plaintiffs cannot seriously contend they have a fundamental right to medical marijuana when it is still unequivocally illegal under the (U.S.) Controlled Substances Act.”

The plaintiffs also had contended that medical marijuana providers had a right to employment, and the new law interfered with that right.

The Supreme Court said an individual has no property right in a particular job or employment, adding in effect that medical pot providers can grow other products instead.

“Providers, who are ultimately horticulturists, remain free to pursue horticulture work generally and further are not proscribed from practicing the art of horticulture – including hydroponic horticulture – for profit,” the decision said.

In his dissent, Nelson said the court should have vacated the District Court’s decision and sent it back to Reynolds with instructions to dismiss the lawsuit.

“Stripped to its core, the remarkable premise underlying plaintiffs’ request for relief in this case is that they have a fundamental right under the Montana Constitution to engage in conduct which is criminal under federal law,” Nelson said.

(70) comments

Barkinlounger
Barkinlounger

It is so sad, Tink that our own FDA and our own Government cannot compile enough data to make an intelligent claim or disclaim. This has been going on for 40 years that I know of. When Colorado was getting ready to decriminalize MJ in 1970/71 the feds kept repeating about their studies being inconclusive about the benefits or otherwise. This was way before Medical, and their smoke and mirror baloney was unreal, THEN! Nothing will ever change and my real hope is, that applies to the Greatest Country in the World. We wouldn't know what to do if we didn't have something to complain about!.

Hakon Montag
Hakon Montag

There were already studies that had been done prior to it being made illegal in 1937.

Fact of the matter is that it was widely used and available for sale in any Rx store in the country. But it was called Cannabis Tops...not marijuana.

Most people had never even heard of marijuana. Most of the Representatives in Congress had no clue they were about to ban HEMP. At one time the largest cash crop for manufacturable goods in the WORLD...let alone America.

Paper - our Constitution and the Gutenberg Bible were written on it as were most other documents, clothing, rope, canvas, ink, dye, oil, seed for Canary Food - special compensation was allowed for Canary breeders to still import the seed even after it was banned.,bioplastics - MA BELL made lots of phones out of the stuff in the 20's, bio-diesel.

The invention of the recovery boiler by G. H. Tomlinson in the early 1930s allowed kraft mills to recycle almost all of their pulping chemicals. This, along with the ability of the kraft process to accept a wider variety of types of wood and produce stronger fibres made the kraft process the dominant pulping process starting in the 1940s.

INTERESTING TIMING HUH? We're talking of the WOOD pulp process from TIMBER not from hemp.

Hemp will produce 10 tons per acre for pulping in as little as 4 months. You can't even come close to that with TREES.

Save a tree...huh...

confusedude
confusedude

I wonder if the government would fund a study on the correlation between the War on Drugs and the privatization of prisons for corporate profit. Over 26 million American men are in federal prison, with over 50% in on drug charges, and if or when they get out, their time in federal prison has acculturated them to criminal thinking and mentality. These institutional systems de-emphasize any kind of REHABILITATION, and essentially set the drug offender up for future failure. Just the same as Tobacco, Alcohol, and Pharmaceutical companies using hundreds of millions of dollars to combat the legalization of the 'most useful and medicinal plant on Earth.' Why? Because it could attack their profits.

Janice
Janice

So, there is no constitutional right to ANY drug...ohhh kay.

So what is the point of the Affordable Health Care Act? The entire premise of "Obamacare" is that every citizen has the right to health care.

Not too much of a leap between health care and drugs, is there?

Hakon Montag
Hakon Montag

An excellent observation.

If health care is a Constitutional right...how can medication from any drug not be included?

The ruling is at odds with the Health Care mandate.

GaryTinkSanders
GaryTinkSanders

I am a proponent of a good concise medical marijuana program that is developed to help others seek alternative medical practices using natural substances that are used in any number of ways such as inhalation, ingestion and topicals. Using marijuana to help manage pain with far less side effects than the more acceptable prescription drugs (just listen to the disclaimers that even include death). The world in general is doing more advance research with marijuana than the U.S. and has made some extremely promising discoveries, FYI - THC is made up of more than 400 different natural chemicals. There is and will always be a core group of people who will abuse substances including marijuana just as they abuse alcohol, prescription drugs, illegal drugs such as meth etc, that is their mindset but that is a small number of people compared to the volumes of people that have something to gain by using marijuana correctly and responsibly. Many of our seniors and injured veterans could benefit from using the topicals and lotions for pain such as arthritis, muscle aches, cramps, various types of fibromyalgia and so on with out any side effects (you will not get a buzz). With the foreign advances in medicine made every year using cannabinoids it holds promise that if we have a well scripted law in the U.S. the American people could also participate in some of the health benefits from more natural based treatment methods. There is so much good information out there on cannabis so educate yourselves before you jump onto the "Reefer Madness" band wagon, the life you save may be your own.

InGracewetrust
InGracewetrust

Genesis 1:29. The New American Standard Translation.
Then God said, "Behold, I have given you every plant yielding seed that is on the surface of all the earth, and every tree which has fruit yielding seed; it shall be food for you."

1 Timothy 4:1The Spirit clearly says that in later times some will abandon the faith and follow deceiving spirits and things taught by demons.

1 Timothy 4:4 "Since everything God created is good, we should not reject any of it but receive it with thanks"

Man is forever trying to circumvent the will of God. The constitution was made by common man. Marijuana was made by God alone. Who would you trust to guide you?

Hakon Montag
Hakon Montag

As a source of PROTEIN the hemp seed is second only to the SOY BEAN.

It is more palatable that SOY

As a source for wood pulp for paper or for particle board, or manufactured boards for construction a 1 ACRE stand of hemp will produce as much as 12 ACRES OF TREES. It takes 30 years to grow a tree. 1 year to grow a hemp plant.

Wood pulp from trees is bleached with CHLORINE.
Wood pulp from HEMP is bleached with hydrogenperoxide.

The Constitution was written on HEMP paper.

startingover
startingover

But the product being circulated is far from the plant in it's native form. It has been carefully cultivated, and modified to produce the maximum amount of psychotropic chemicals. Saying it is a gift from God, when it has been totally redesigned by man is kinda funny. Coca is a plant, as well as opium poppies, does that make opiate based drugs a gift from God too?

Hakon Montag
Hakon Montag

The product being circulated is nothing but the plant in it's native form.

It has not been modified one iota. Growing it under lights, or indoors only provides a better medium than growing it outside. I grew plants 13 feet tall outdoors in natural light and weather conditions that would easliy match or beat the stuff grown indoors under lights. It's just "farming". In the wild in central America it has been known to grow 20 feet tall.

The stuff we smoked back in the 70's was just as potent as the stuff around today.

As for your concerns inre opium et al...heroine as a drug is known to be the "specific cure" for the pain from cancer. You might want to ask a pharmacist or nurse or Doctor what a "specific cure" is.

Hakon Montag
Hakon Montag

Oh...and to answer your question...Yes.

stalker
stalker

Why would you want your tax money used to incarcerate people for smoking pot? What a waste. Better used to imprison people who drink, smoke cigarettes or look at "dirty" pictures.

Hakon Montag
Hakon Montag

Or maybe a few politicians...

BobbyB
BobbyB

Any fat, booze guzzling, nicotine fiends still have valid objections to legalizing pot? Any one? Any one?

BTW, have you read the recent articles on the problems among college students regarding bing drinking, and weight gain?

madtaxpayer
madtaxpayer

Hmmm..... Are you kidding me? You think pot will help them lose weight? ever hear of the "pot munchies"? no difference. alcohol or pot, both will add weight.

Hakon Montag
Hakon Montag

So everyone who drinks booze or smokes pot is then over weight?

LOL...

BobbyB
BobbyB

Madtaxpayer, try to stay focused. The discussion has been about the alleged dangers of cannabis, and how most of the lies and misinformation regarding its’ use have been de-bunked. My original statement here was a somewhat sarcastic response to your previous post. The BTW, which I added at the end, was merely a reference to the fact that some people will abuse substances far less harmful than pot ever was.

Hakon Montag
Hakon Montag

There is mounting evidence, according to a report in Mini-Reviews in Medicinal Chemistry, that cannabinoids “represent a new class of anticancer drugs that reverse cancer growth, inhibit angiogenesis (the formation of new blood cells that feed a tumor) and the metastatic spreading of cancer cells.”

Can you people be any more wrong?

Hakon Montag
Hakon Montag

Mounting evidence shows ‘cannabinoids’ in marijuana slow cancer growth, inhibit formation of new blood cells that feed a tumor, and help manage pain, fatigue, nausea, and other side effects. [This] offers hope of a non-toxic therapy that could treat aggressive forms of cancer without any of the painful side effects of chemotherapy.

Cristina Sanchez, a young biologist at Complutense University in Madrid, was studying cell metabolism when she noticed something peculiar. She had been screening brain cancer cells [and realized] the cancer cells died each time they were exposed to tetrahydrocannabinol (THC), the principal psychoactive ingredient of marijuana.

Sanchez had stumbled upon the anti-cancer properties of THC. Subsequent peer-reviewed studies in several countries would show that THC and other marijuana-derived compounds, known as “cannabinoids,” are effective not only for cancer-symptom management (nausea, pain, loss of appetite, fatigue), they also confer a direct antitumoral effect.

Around the same time, Harvard University scientists reported that THC slows tumor growth in common lung cancer and “significantly reduces the ability of the cancer to spread.” What’s more, like a heat-seeking missile, THC selectively targets and destroys tumor cells while leaving healthy cells unscathed. Conventional chemotherapy drugs, by contrast, are highly toxic; they indiscriminately damage the brain and body.

Oh darn...

Kahlotus
Kahlotus

The Scripps Research Insitute has show that marijuana inhibits primary marker of Alzheimer's Disease.

LA JOLLA, CA, August 9, 2006 - Scientists at The Scripps Research Institute have found that the active ingredient in marijuana, tetrahydrocannabinol or THC, inhibits the formation of amyloid plaque, the primary pathological marker for Alzheimer's disease. In fact, the study said, THC is "a considerably superior inhibitor of [amyloid plaque] aggregation" to several currently approved drugs for treating the disease.

The study was published online August 9 in the journal Molecular Pharmaceutics, a publication of the American Chemical Society.

The entire article can be found here...

http://www.scripps.edu/news/press/2006/080906.html

BobbyB
BobbyB

The statements I made previously regarding excessive consumption of food, tobacco, and alcohol are self evident, and have been proven beyond a shadow of doubt in millions of cases, over quite a lengthy period of time. Scientific research regarding the effects of cannabis on brain function is a relatively new endeavor, and many of the findings are either speculative, and/or conflicting. As an example of what I’m referring to, I offer the findings of a recent report by the National Institute on Drug Abuse.

“Research into the effects of long-term cannabis use on the structure of the brain has yielded inconsistent results. It may be that the effects are too subtle for reliable detection by current techniques. A similar challenge arises in studies of the effects of chronic marijuana use on brain function. Brain imaging studies in chronic users tend to show some consistent alterations, but their connection to impaired cognitive functioning is far from clear. This uncertainty may stem from confounding factors such as other drug use, residual drug effects, or withdrawal symptoms in long-term chronic users.”

madtaxpayer
madtaxpayer

Regular marijuana usage has been linked to a higher risk of testicular cancer, researchers from the University of California have revealed.

"The findings, published in Cancer, a peer-reviewed journal by the American Cancer Society, say the cancer-causing effects of marijuana on testicular cells should be assessed in decisions associated with recreational drug use, as well as when used for therapeutic purposes in male patients."

So, do you little druggies have any more excuses as to why pot is safe to use? Not a health hazard? anyone? anyone? I thought not.

Finally a judge with a brain.

Hakon Montag
Hakon Montag

Is this brain abuse?

Look at the SOURCE of the article...it isn't some underground drug rag. WEBMD

http://www.webmd.com/cancer/brain-cancer/news/20090401/marijuana-chemical-may-fight-brain-cancer

April 1, 2009 -- The active chemical in marijuana promotes the death of brain cancer cells by essentially helping them feed upon themselves, researchers in Spain report.

Guillermo Velasco and colleagues at Complutense University in Spain have found that the active ingredient in marijuana, THC, causes brain cancer cells to undergo a process called autophagy. Autophagy is the breakdown of a cell that occurs when the cell essentially self-digests.

The team discovered that cannabinoids such as THC had anticancer effects in mice with human brain cancer cells and people with brain tumors. When mice with the human brain cancer cells received the THC, the tumor growth shrank.

Two patients enrolled in a clinical trial received THC directly to the brain as an experimental treatment for recurrent glioblastoma multiforme, a highly aggressive brain tumor. Biopsies taken before and after treatment helped track their progress. After receiving the THC, there was evidence of increased autophagy activity.

The findings appear in the April 1 issue of the Journal of Clinical Investigation.

The patients did not have any toxic effects from the treatment. Previous studies of THC for the treatment of cancer have also found the therapy to be well tolerated, according to background information in journal article.

Study authors say their findings could lead to new strategies for preventing tumor growth.

Now don't you wish you were a DOCTOR so you would actually know something about what you are speaking of?

...and you don't look any better with egg on your face.

Kahlotus
Kahlotus

Facts About Youth and Alcohol

Wasted youth
Approximately 11 million American youth under the age of 21 drink alcohol. Nearly half of them drink to excess, consuming five or more drinks in a row, one or more times in a two week period.

Alcohol is the most frequently used drug by high school seniors, and its use is increasing. Boys usually try alcohol for the first time at just 11 years old, while the average age for American girls' first drink is 13. In short, our nation's youth are flirting with disaster. Consider the facts:

Underage drinking is a factor in nearly half of all teen automobile crashes, the leading cause of death among teenagers.
Alcohol use contributes to youth suicides, homicides and fatal injuries – the leading cause of death among youth after auto crashes.
Alcohol abuse is linked to as many as two-thirds of all sexual assaults and date rapes of teens and college students.
Alcohol is a major factor in unprotected sex among youth, increasing their risk of contracting HIV or other transmitted diseases.

http://www.ama-assn.org/ama/pub/physician-resources/public-health/promoting-healthy-lifestyles/alcohol-other-drug-abuse/facts-about-youth-alcohol.page

madtaxpayer
madtaxpayer

I am not comparing it to alcohol although it is no different in my opinion. And I find it funny that you are willing to legalize another drug to just add to the automobile crashes (don't you dare try to tell me pot doesn't impact driving!), HIV (you really think pot will make a guy or girl stop and say "hey, I'm stoned, not drunk, so I had best use protection before having sex", give me a break!

Pot is just as dangerous for youths as alcohol is. nice try though.

Hakon Montag
Hakon Montag

Yes "youths" should be protected from such things, right?

How do we protect them from booze? (it works right?)

Shall I post the study showing that pot does not adversly affect driving? At least no where near what drinking does, not as bad a TEXTING does, not as bad as EATING while you're driving does...

Stoners have a tendency to drive "slower" than you other folks.

Kahlotus
Kahlotus

From what personal experience with pot are you speaking from? Alcohol lowers one's inhibitions while marijuana increases it. Therefore, the odds of someone engaging in risky behavior is likely dimished with pot compared to alcohol. Why is it that nanny state advocates like yourself always want to ban things you know next to nothing about? It's the exact same situation as the nanny state folks that want to ban guns. They're always the least informed people regarding the things they want to ban. Alcohol is far more dangerous than pot. Site one example of someone overdosing on pot. Do you have any idea of how many teens die from alcohol poisoning? Do you realize that alcohol supresses the central nervous system and enough will cause you to stop breathing? Try drinking a 1/5 of vodka in one evening and see what happens. It is impossible to OD from pot to the point where it threatens your life. That is a fact.

Tanker
Tanker

MTCIA probably threw $100,000 + at this lawsuit and the last (2) Presidents have been arrested. They couldn't get enough signatures for CI-110, (so much for the will of the people) now they are putting their heart and soul into IR-124 so that we can return to the Good Old Days of 2008-2011 when MT was a "Source Country / State" for weed to the rest of country, 30,000 people had severe pain, and people were being killed with hammers. This is what happens when drug dealers/criminals are put in charge of something. VOTE FOR IR-124 and keep this these dudes in check.

In the mean time all of you pot heads keep dumping money into MTCIA and attorney fee's. It's obviously working very well (or) perhaps as Mr. Montag says we should prepare for "bloodshed !?" I am sure this is very stressful for you. Get out the bong and medicate before you hurt yourself.

Hakon Montag
Hakon Montag

I don't smoke moron.

idiot state
idiot state

Oh heck yes; keep it legal. Montana doesn't have enough crime, widespread drug abuse, homocides, suicides, traffic fatalities, and just general overall idiots in that state.

Hakon Montag
Hakon Montag

Any of those "problem areas" you mentioned have any INCREASE with the advent of making it legal?

I thought not...

Old Truth Teller
Old Truth Teller

Get off your "high" horses people, the fact is that a large number of people turned this law that was supposed to be compassionate into blatant drug dealing. If the quote unquote caregivers really cared about their alleged patients, they would practice more self-restraint in their distribution network. You had your chance to behave, but we greed gotten away. This is one case where the people voted for what they thought they were getting it instead got chaos and drug trafficking. Go to Washington DC and fight them there if you think the law is wrong. Until then quit bothering hard-working families that are trying to keep your kids off drugs and keep them safe.

Hakon Montag
Hakon Montag

What chaos are you speaking of?

Were hoards of drug crazed loonies raping and pillaging? Oh, sorry that was the excuse used 80 years ago to make HEMP illegal.

The entire sham was based in RACIAL hatred and prejudice towards blacks and mexicans.

Learn some history.

madtaxpayer
madtaxpayer

you said it. that's what happens when you allow irresponsible children to do something responsible and right. won't work when it comes to drugs. now they will pay the price for being too immature to handle proper distribution of their drugs.

Hakon Montag
Hakon Montag

Where was all this rampant crime you are all implying was going on?

madtaxpayer
madtaxpayer

I never said it was rampant. However, did you even pay attention to the news, people selling their medical pot to kids, pot shop owners selling illegally, people growing more than allowed in their homes? All of this happened here in Missoula. So they aren't considered crimes to you?

Hakon Montag
Hakon Montag

@taxpayer (below)

Yes News stories are wonderful sources of truth aren't they?

So "a few" kids might have gotten pot from someone illegally...how did that change from the way kids used to get the pot?

Were all shop owners guilty of these "crimes"?

Growing more than you are "allowed" in your home for your use...WOW!

Do you grow any fruits and veggies?

Do you ever run out of what you have grown?

These restrictions are so arbitrary and capricious as to be laughable.

If you have an ailment...do you want to wait 45 days (minimum under extreme artificial lighting conditions) for your plant to develop enough maturity in order to have some decent medication?

This is a plant that grows like any other plant. Without artificial lighting it takes a complete season to harvest the crop. You don't smoke it as soon as it comes out of the ground. It has to develop BUDS (flowers) just like any other plant does. Under artificial lighting (which can be expensive and takes up room) you can speed up the process. But you still have to go through the process. It could be 6 weeks to 3 months before you get your first buds, which then have to be dried (properly) in order to have anything that is effective. If you don't let it grow long enough (until crystals start to form) if you don't dry it properly...you end up smoking something akin to alfalfa, smells like your lawn when it is wet, and only gives you a sore throat and a headache.

mcmyas
mcmyas

once this older generation dies off, newer generations will take over and change some of these ridiculous laws our "forefathers" started and are extremely outdated. MJ4L

Kahlotus
Kahlotus

Apparently, they're already dying off. Gallup has a tracking poll that they've been running on whether American want marijuana legal or not since 1970. A slight majority now favors full legalization. You can see the trend of their poll in the link below. Madtaxpayer is nothing more than a remnant of a bygone era of pure ignorance and will soon be cast to the dustbin of history.

http://www.gallup.com/poll/150149/Record-High-Americans-Favor-Legalizing-Marijuana.aspx

ynot
ynot

So why don't we all go out and get prescriptions for amphetamines instead? It's a lower class drug, more addictive, and best of all, drug companies get to make HUGE profits off them.

madtaxpayer
madtaxpayer

go for it. It's legal if you get that prescription from a doctor. laws are laws. some don't like it, many do. deal with it.

Hakon Montag
Hakon Montag

But do you firmly believe that violating the letter of the Constitution in order to ban this once world wide resource from our use is okay?

You claim to want people to support the law. But you don't care that the law was created in VIOLATION OF THE LAW...but you have to understand the Constitution, and how it was intended to work in order to see clearly that they violated their own rules of law making.

But you're fine with that...which gives them an open doorway to continue to violate the Constitution as they see fit...

Oh wait...they already are...

madtaxpayer
madtaxpayer

"world wide resource"

RESOURCE>?????? It's a DA** drug, you moron! Now if you want to smoke it illgally, have at it, just keep you stinking filthy drugs away from the public.

Hakon Montag
Hakon Montag

Resource YES you dam*** moron!

Bioplastics made from HEMP - cannabis sativa - was the FIRST PLASTIC.
Ma bell made a lot of phones out of it in the 20's.

Henry Ford made his first car from bioplastic HEMP - from his own fields, and made the FUEL - bio-deisel - from the HEMP OIL

PAPER was first made from HEMP in China. The Constitution is printed on HEMP paper.

Inks, dyes, oils, all used to be HEMP. Biodegradeable and NON-TOXIC. Can you say that about inks dyes and oils today?

It grows everywhere without any need for pesticides or fertilizer.

It was used to make the SAILS on the boats that carried the pilgrims here from England.

Levi's jeans were made from CANVAS (name sound familiar? It should, canvas was made from HEMP - cannabis - fibers)

More durable than COTTON which needs lots of pesticides to grow.
Can be woven finer than SILK

It is the fastest growing biomass on the planet.

YES, a natural resource for the world.

RSteeb
RSteeb

The federal law is a damned lie, null and void. On 16 October we shall prove that. Get over yourselves, you black-robed clowns!

RSteeb
RSteeb

Black-robed clowns made a horrendously poor decision. There is no substance on the planet closer to a literal panacea [Google "Storm Crow's List]. Banning the least-toxic medicinal herb known to mankind is a crime against humanity. It shall NOT stand.

libertarian
libertarian

This is about property rights. Who decides your health, you or the government? If you don't control your health care then are we, in a way, slaves to the government.

BobbyB
BobbyB

When you abuse food, you get fat.
When you abuse alcohol, you end up in jail with a hangover.
When you abuse tobacco, you end up with cancer.
Who, or what gets abused when a person smokes weed?

Sukey
Sukey

your brain gets abused.

Hakon Montag
Hakon Montag

That's not your concern...Nanny...

BobbyB
BobbyB

That’s it, Sukey? The statements I made regarding excessive consumption of food, tobacco, and alcohol are all self evident, and have been proven beyond a shadow of doubt in millions of cases, over quite a lengthy period of time. Scientific research regarding the effects of cannabis on brain function is a relatively new endeavor, and many of the findings are either speculative, and/or conflicting. As an example of what I’m referring to, I offer the findings of a recent report by the National Institute on Drug Abuse.

“Research into the effects of long-term cannabis use on the structure of the brain has yielded inconsistent results. It may be that the effects are too subtle for reliable detection by current techniques. A similar challenge arises in studies of the effects of chronic marijuana use on brain function. Brain imaging studies in chronic users tend to show some consistent alterations, but their connection to impaired cognitive functioning is far from clear. This uncertainty may stem from confounding factors such as other drug use, residual drug effects, or withdrawal symptoms in long-term chronic users.”

Buzzby
Buzzby

The US government has a patent on the cannabinoids contained in marijuana, citing their neuroprotective qualities.

Hakon Montag
Hakon Montag

Scientists all over the world are finding out that cannabis also fights cancer.

Oh darn...it's illegal.

Hakon Montag
Hakon Montag

Is this brain abuse?

Look at the SOURCE of the article...it isn't some underground drug rag. WEBMD

http://www.webmd.com/cancer/brain-cancer/news/20090401/marijuana-chemical-may-fight-brain-cancer

April 1, 2009 -- The active chemical in marijuana promotes the death of brain cancer cells by essentially helping them feed upon themselves, researchers in Spain report.

Guillermo Velasco and colleagues at Complutense University in Spain have found that the active ingredient in marijuana, THC, causes brain cancer cells to undergo a process called autophagy. Autophagy is the breakdown of a cell that occurs when the cell essentially self-digests.

The team discovered that cannabinoids such as THC had anticancer effects in mice with human brain cancer cells and people with brain tumors. When mice with the human brain cancer cells received the THC, the tumor growth shrank.

Two patients enrolled in a clinical trial received THC directly to the brain as an experimental treatment for recurrent glioblastoma multiforme, a highly aggressive brain tumor. Biopsies taken before and after treatment helped track their progress. After receiving the THC, there was evidence of increased autophagy activity.

The findings appear in the April 1 issue of the Journal of Clinical Investigation.

The patients did not have any toxic effects from the treatment. Previous studies of THC for the treatment of cancer have also found the therapy to be well tolerated, according to background information in journal article.

Study authors say their findings could lead to new strategies for preventing tumor growth.

Now don't you wish you were a DOCTOR so you would actually know something about what you are speaking of?

...and you don't look any better with egg on your face.

Roger
Roger

Sukey, from what I've seen of your postings, your brain has seen plenty of abuse - either that, or it is congenitally defective.

madtaxpayer
madtaxpayer

you get testicular cancer. Have you bothered to follow the news lately? keep on smoking that pot and YES you, sir will get cancer.

Buzzby
Buzzby

Your chance, as a marijuana user, of developing testicular cancer, if the recent single study is to be believed, is still less than 1 in 100. If you want to ban something because it causes cancer, think "cigarettes".

Janice
Janice

Bobby in answer to your question....the remote and maybe the refrigerator light.

Hakon Montag
Hakon Montag

Bad decision.

Here's why.

The people are the ultimate source of all law in a Democracy. If, as in this case, the people vote to instate some provision within their laws it is the ultimate right of the people (9th and 10th Amendments to the Constitution of the United States of America). One should also argue that laws should not harm otherwise innocent people, or they are not "just laws". The people ultimately are the creators of the law. So when the people vote and pass a provision, and then the Court (or lesser government entities including the legislature) thwart the vote, thwart the will of the people...that is not Democracy.

That is the oligarchy of central power held by bureaucrats who know what is best for you.

A handful of people literally overthrowing the VOTE.

Disgusting.

What we are seeing is the Nanny State emerging in full force. They know what is best for us.

As was evidenced with the Volstead Act, the Federal governments only avenue of "prohibition" is through the Constitutional Amendment process. They know this. But they went ahead with the Marijuana Tax Act (legal), and the Narcotics Act(illegal but sadly supported by those who did not like addicts), merged the two down the road by simply "declaring" Marijuana to be a Class 1 narcotic...which by medical definition it is not.

If the members of the Congress who voted on this process knew what marijuana was before they actually voted, and had been allowed to hear Medical Testimony chances are they would not have passed such legislation.

The majority of those voting had no clue that marijuana was simply cannabis (HEMP), already sold in drug stores in bud form, Cannabis Tops, and was used in virtually 80% of the OTC drugs as a pain remedy, sleep aid, and anti nausea drug, as widely used as alcohol.

I hope some day we get our country back. Without bloodshed.

madtaxpayer
madtaxpayer

and I hope that someday, disgusting illegal drug users will go away, so we can have our country back without druggies in it.

Hakon Montag
Hakon Montag

I hope that someday you won't regret allowing your government to violate the Constitution in order to placate a small group of people. That will only lead to further violations of the Constitution. Which in the end makes it a worthless document, and sets the stage for a government you don't control.

Oh wait...

madtaxpayer
madtaxpayer

Don't worry, they won't take away my guns, and I could care less about them taking away your pot. I truly don't care about druggies.

Hakon Montag
Hakon Montag

@taxpayer (below)

But you do care about them...or else it wouldn't be a concern of yours.

...and having them take away something from someone else is okay with you, but don't touch my guns...LOL...

You live in that perfect NANNY State thqat they want you in. They will come for your guns.

free no more
free no more

We have a constitutional right to alcohol and prescription drugs but not to the plant, The 10th amendment just doesn't apply here. A few lawmakers overturned a voter approved law and now the supreme court says they were within their rights? What about our rights? This government will not last another 10 years if this is their attitude. A revolution will happen soon. We are being treated like sheep so they can fill the prisons and suck the life out of the taxpayer

madtaxpayer
madtaxpayer

I have no problem paying taxes to keep drug users in prison. In fact they aren't in prison long enough. a good 10 years should break you of your disgusting, lazy habit.

Kahlotus
Kahlotus

Well gee, that's special. Only problem is that you're expected the rest of us madtaxpayers to also pay for continuing this long lost war on drugs especially one so benign. How about reimbursing me for what I pay in taxes that go to support your little nanny farse.

MontanaNative1ed7
MontanaNative1ed7

I am proud of my native land of Montana for having a local decision at the state level which does not support substance abuse!

Sukey
Sukey

Me too, America has lost two generations of young people to drugs alcohol and the false sense of entitlement that comes with it.

Hakon Montag
Hakon Montag

I don't support substance ABUSE either.

Using it is not ABUSING it.

Hakon Montag
Hakon Montag

Maybe you all should read what the government sponsored Doctors said about it way back in 1975...

http://www.ncbi.nlm.nih.gov/pubmed/1159836

and in 2011...

http://www.ncbi.nlm.nih.gov/pubmed/21410463

for people with MS

http://www.ncbi.nlm.nih.gov/pubmed/12617697

Clinical use...

http://www.ncbi.nlm.nih.gov/pubmed/11152013

"Patients taking the synthetic derivative nabilone for neurogenic pain actually preferred cannabis herb and reported that it relieved not only pain but the associated depression and anxiety."

I could go on for days posting study after study that shows the benefits...

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