Cannabis, Compassion and the Tenth Amendment

grow-freedom-squareby Patrick Reagan

Compassion is a term that transcends partisan politics and strikes at the heart of the American character. By compassion, I mean showing sympathy and rendering aid and comfort to the seriously afflicted, terminally ill, and dying.

Under this banner of compassion, a great struggle against Federal overreach has been raging for many years now. I am talking about efforts to legalize medical cannabis in various states around the U.S.

Cannabis has been known for its medicinal properties for thousands of years. However, the Federal Food and Drug Administration (FDA) has determined that cannabis ‘’possesses no known medical value.’’

It has thus designated cannabis as a Schedule I substance despite volumes of scientific observations suggesting the contrary. Other drugs classified in this manner are Heroin, Ecstasy, LSD, and others. According to federal rules, no prescriptions, whatsoever, may be written for Schedule I substances.

Cocaine is classified as a Schedule II substance, which has less stringent restrictions.

Federal ignorance notwithstanding, state governments of differing political persuasions across America are rallying behind compassion and taking action. They are using the principle of interposition, enshrined in the Kentucky and Virginia Resolutions, and the sovereignty reserved under the 10th Amendment to protect their patients and caregivers from Federal prosecution in their foolhardy “War on Drugs.”

Two recent cases are Kansas and New York. Both could not be further apart from each other on the political spectrum: Kansas is a known stronghold of social conservatism and New York is a national trendsetter in Progressivism. Despite their political differences, both state legislatures have submitted for consideration legislation that would offer legal protections for medical cannabis patients and their caregivers.

While compassion is the driving force behind this movement, the 10th amendment allows safe access to medical cannabis to become a reality. Its legal significance is such that it is cited in the opening pages of both states’ bills:

Kansas House Bill 2610 (HB2610):

“The legislature of the state of Kansas declares that this act is enacted pursuant to the police power of the state to protect the health of its citizens that is reserved to the state of Kansas and its people under the 10th amendment to the United States Constitution”

New York Assembly Bill A09016 and Senate Bill S4041B:

“This legislation is an appropriate exercise of the state’s legislative power to protect the health of its people under article 17 of the state constitution and the tenth amendment of the Unites States Constitution.”

To date, fourteen states have legalized medical cannabis under varying regulatory regimes in direct defiance of the Federal government’s Draconian total war on cannabis. They do this out of compassion, and with a proper understanding of a state’s role to interpose between the Federal government and the people when Congressional laws serve to the detriment of a state’s residents.

The struggle for medical cannabis will continue until the Federal government comes to its senses and removes the sick and dying from the “Drug War” battlefield, or better yet, ends the entire debacle altogether.

While medical cannabis legislation is pending in Congress (HB 2835), states should continue to interpose on behalf of their patients and caregivers while DC deliberates more “pertinent” issues. Unfortunately, though, many patients do not have time to wait while DC dithers.

I wholeheartedly urge readers in states without medical cannabis programs or protection laws to engage their legislators and governors to take a stand for compassionate cannabis and the 10th Amendment to the United States Constitution.

CLICK HERE – to view the Tenth Amendment Center’s Legislative Tracking Page for State Marijuana Legislation.

Patrick Reagan is a libertarian Constitutionalist who was born in Chicago, grew up in San Antonio and spent his teenage and collegiate years in Phoenix and Tucson, Arizona. He’s trekked across a good chunk of the globe over the past 2 yeas and currently resides abroad.

Copyright © 2010 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given

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13 comments
Scott
Scott

You can smoke Cannibis all day long and it won't cure your Cancer. If you take it orally or topographically in oil form, it kills the mutated cells only (unlike chemotherapy). For more information on the CURE, please visit phoenixtears.ca or look on Google Video for "Run From The Cure". It explains how it works and what it cures.

Andrew Jones
Andrew Jones

Doing things on a state by state basis will allow states to maintain a control group to base the results of experimental policies on.

I live in Georgia. We are not likely to legalize marijuana any time soon. —But let's say that California does.

Well, now we have a variable. We can turn our eyes to California and see what happens. Does California's crime rate go up? Does it go down? Does a reasonable tax on marijuana pull California's budget out of the abyss? Do the people of California turn into slouches and stay stoned in their basements all day? Does medical marijuana become recognized by much of the healthcare community as a cheap and effective way to relieve pain?

There are so many questions that other states may ask, but only if we have a state to ask questions about. That's the beauty of a republic (as opposed to a democracy); we don't all have to be doing the same thing at the same time, and we can better learn what does, or does not, work.

arjis
arjis

I think we can all agree that Big Pharma will have a say in this debate some where along the line. In my opinion it would not benefit them to allow legalization for medical use, as people would be more apt to be "self-medicating" then spend big bucks on all the drugs BP is pushing on the American People. The BP Corps, lobbyists, FDA and slanted politicians will not let their cash cow disappear without a fight, and you can be assured those interests will be at the top of the list in any discussion dealing with marijuana legalization.

Unless of course, Big Pharma decides to start buying up Pharm Land to grow it's own product.....

Monorprise
Monorprise

The ability to uses a plant or anything else is not a matter of "free speech", but it's also not a matter in which the Federal government has any legitimate power to regulate period.

That being said, do not expect the people of every state to support the uses of such drugs. While we may in respect for each-others rights agree this is in no way a federal matter, that does not necessarily mean we agree this is not a state matter.

What that means in practice is, we cant be expecting states to voluntarily deny the feds the ability to take on part of the cost of enforcement of a law which in printable they agree with and would otherwise have to pay the full cost of enforcement themselves.

The ending of Federal involvement will have to take place down the line as a budget cutting and fairness exercise.

Or passably as justification for future escrow tax accounts, among liberal States.

One way or the other, the matter of states rights must be fought on an issue by issue basis in accordance to the values of the people in each individual state. We can and should respect and stand up for each-others rights vocally, but that doesn't mean we should be doing the same thing about it. Merely refusing to do anything to stop the other states, from advancing their people's own freedom and happiness.

We must recognized to that degree, we are in fact in this together, not in our opposition or support for any specific policy but in our opposition to the federalization of such policy and support for greater liberty. Keep your eye on the ball!

I don't see the people of Kansas necessarily desiring to legalizes Cannabis, they should be under NO obligation to do so if they do not wish to simply to aid California. To say otherwise is to make ourselves in fighting/arresting this evil no better then the evil itself. Our only obligation to the people and state of California and others is to respect and defend their right to decide theses matters for themselves.

MichaelBoldin
MichaelBoldin

Monorprise, I understand your point of view as a practical reality. Our goal here, however, is to show that not trying to get the federal government to force other states to ban things - like marijuana for example - will lead to a greater potential for other people to stop trying to ban other things in your state - like guns for example.

I think that's what you've tried to get at here with your comments many times,,

Bill Harris
Bill Harris

One need not travel to China to find indigenous cultures lacking human rights. America leads the world in percentile behind bars, thanks to the ongoing open season on hippies, commies, and non-whites in the war on drugs. Cops get good performance reviews for shooting fish in a barrel. If we’re all about spreading liberty abroad, then why mix the message at home? Peace on the home front would enhance global credibility.

The drug czar’s Rx for prison fodder costs dearly, as lives are flushed down expensive tubes. My shaman’s second opinion is that psychoactive plants are God’s gift. Behold, it’s all good. When Eve ate the apple, she knew a good apple, and an evil prohibition. Canadian Marc Emery is being extradited to prison for selling seeds that American farmers use to reduce U. S. demand for Mexican pot.

The CSA (Controlled Substances Act of 1970) reincarnates Al Capone, endangers homeland security, and throws good money after bad. Fiscal policy burns tax dollars to root out the number-one cash crop in the land, instead of taxing sales. Society rejected the plague of prohibition, but it mutated. Apparently, SWAT teams don’t need no stinking amendment.

Nixon passed the CSA on the false assurance that the Schafer Commission would later justify criminalizing his enemies, but he underestimated Schafer’s integrity. No amendments can assure due process under an anti-science law without due process itself. Psychology hailed the breakthrough potential of LSD, until the CSA shut down research, and pronounced that marijuana has no medical use. Former U.K. chief drugs advisor Prof. Nutt was sacked for revealing that non-smoked cannabis intake is scientifically healthy.

The RFRA (Religious Freedom Restoration Act of 1993) allows Native American Church members to eat peyote, which functions like LSD. Americans shouldn’t need a specific church membership or an act of Congress to obtain their birthright freedom of religion. God’s children’s free exercise of religious liberty may include entheogen sacraments to mediate communion with their maker.

Freedom of speech presupposes freedom of thought. The Constitution doesn’t enumerate any governmental power to embargo diverse states of mind. How and when did government usurp this power to coerce conformity? The Mayflower sailed to escape coerced conformity. Legislators who would limit cognitive liberty lack jurisdiction.

Common-law holds that adults are the legal owners of their own bodies. The Founding Fathers undersigned that the right to the pursuit of happiness is inalienable. Socrates said to know your self. Mortal lawmakers should not presume to thwart the intelligent design that molecular keys unlock spiritual doors. Persons who appreciate their own free choice of path in life should tolerate seekers’ self-exploration. Liberty is prerequisite for tracking drug-use intentions and outcomes.

@TdashPaine
@TdashPaine

I agree with this "Freedom of speech presupposes freedom of thought".

Bill Harris
Bill Harris

One need not travel to China to find indigenous cultures lacking human rights. America leads the world in percentile behind bars, thanks to the ongoing open season on hippies, commies, and non-whites in the war on drugs. Cops get good performance reviews for shooting fish in a barrel. If we’re all about spreading liberty abroad, then why mix the message at home? Peace on the home front would enhance global credibility.

The drug czar’s Rx for prison fodder costs dearly, as lives are flushed down expensive tubes. My shaman’s second opinion is that psychoactive plants are God’s gift. Behold, it’s all good. When Eve ate the apple, she knew a good apple, and an evil prohibition. Canadian Marc Emery is being extradited to prison for selling seeds that American farmers use to reduce U. S. demand for Mexican pot.

The CSA (Controlled Substances Act of 1970) reincarnates Al Capone, endangers homeland security, and throws good money after bad. Fiscal policy burns tax dollars to root out the number-one cash crop in the land, instead of taxing sales. Society rejected the plague of prohibition, but it mutated. Apparently, SWAT teams don’t need no stinking amendment.

Nixon passed the CSA on the false assurance that the Schafer Commission would later justify criminalizing his enemies, but he underestimated Schafer’s integrity. No amendments can assure due process under an anti-science law without due process itself. Psychology hailed the breakthrough potential of LSD, until the CSA shut down research, and pronounced that marijuana has no medical use. Former U.K. chief drugs advisor Prof. Nutt was sacked for revealing that non-smoked cannabis intake is scientifically healthy.

The RFRA (Religious Freedom Restoration Act of 1993) allows Native American Church members to eat peyote, which functions like LSD. Americans shouldn’t need a specific church membership or an act of Congress to obtain their birthright freedom of religion. God’s children’s free exercise of religious liberty may include entheogen sacraments to mediate communion with their maker.

Freedom of speech presupposes freedom of thought. The Constitution doesn’t enumerate any governmental power to embargo diverse states of mind. How and when did government usurp this power to coerce conformity? The Mayflower sailed to escape coerced conformity. Legislators who would limit cognitive liberty lack jurisdiction.

Common-law holds that adults are the legal owners of their own bodies. The Founding Fathers undersigned that the right to the pursuit of happiness is inalienable. Socrates said to know your self. Mortal lawmakers should not presume to thwart the intelligent design that molecular keys unlock spiritual doors. Persons who appreciate their own free choice of path in life should tolerate seekers’ self-exploration. Liberty is prerequisite for tracking drug-use intentions and outcomes.

DerekSheriff
DerekSheriff

"The struggle for medical cannabis will continue until the Federal government comes to its senses and removes the sick and dying from the “Drug War” battlefield, or better yet, ends the entire debacle altogether." That is an outstanding statement and one which I will quote in the future. I'm sure some will harden their hearts and convince themselves that it's all just a conspiracy to legalize recreational use, but most people are finally beginning to see the light. I say, end the war altogether!

Patrick Reagan
Patrick Reagan

Thank you for the compliment, Derek. I wish I could have been one of the signatories of the medical cannabis initiative petition that's been going around Zona lately, but I'm a bit out of country at the moment. Nevertheless, I look forward to hopefully voting for it on the ballot this year, and am DEFINITELY stoked to vote for the Health Care nullification amendment. VICTORY IN LIBERTY!

MichaelBoldin
MichaelBoldin

There's a few other wars I'd like to see the federal government end. The biggest and baddest one is this relentless war on our liberty....

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  2. [...] report on the Tenth Amendment Center’s web site notes that 14 states have now told the feds that in keeping with their reserved rights, medical marijuana is OK. And more are [...]