Amendment would bar medical-pot raids

[BattyDem]

The Hill

June 7, 2005

Amendment would bar medical-pot raids
By Mark H. Rodeffer

Rep. Maurice Hinchey (D-N.Y.) plans to introduce an amendment next week that would prevent the federal government from going after medical marijuana users, a law-enforcement action the Supreme Court yesterday ruled is constitutional.

The court did not strike down state laws allowing medical marijuana use, nor did it require a federal crackdown. Rather, the court ruled that the federal government has the authority to prosecute people with a prescription for pot in states where the practice is legal.

***

Hinchey’s amendment is not a response to the Supreme Court ruling. He has offered it three times since 2001 and was planning to introduce it again this year even before yesterday’s ruling.

<snip>

http://www.thehill.com/thehill/export/TheHill/News/Frontpage/060705/amendment.html

[LoZoccolo]

1. Repealing the federal ban would be easier.

It'd need less votes, and it wouldn't have to go around to the states like you would for an amendment. That on top of the fact that I don't want it to be a habit that congress is constantly trying to pass amendments to the constitution.

[BattyDem]

2. It's not a constitutional amendment ...

it's a legislative amendment. He wants to tack it on to some "science-state-justice-commerce appropriation legislation" that congress is dealing with next week.

[LoZoccolo]

3. Ah OK.

I'm on the Drug Policy Alliance mailing list...maybe they'll have something for us to do to help push this through.

[Occulus]

5. regarding the mention of an amendment...

...why is not a Constitutional Amendment required for marijuana prohibition, if alcohol was prohibited by an Amendment? Was it the mechanism involved, where marijuana prohibition is via a "tax stamp" law (passed way back when)?

I'm confused. If an Amendment was required to prohibit alcohol, why not for marijuana as well?

[madmark]

6. Because the commerce clause has been interpreted so broadly

by the supreme court subsequent to the Prohibition Amendment, that now the feds can assert jurisdicition over, and prohibit, just about anything unless there is a specific constitutional amendment barring the prohibition.

[BattyDem]

4. A kick for the daytime, DU cannabis crowd

:kick:

I really hope this amendment passes. No one should be prosecuted because they're sick and will do anything to ease the pain. :-(