Wednesday, April 15, 2015

On the Edge of My Seat

Update:  Judge Mueller rules Controlled Substances Act Constitutional.  This means the good guys lost. More, after I have a chance to analyze the opinion.
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Today is April 15, and 9th Circuit Judge Kimberly Mueller is about to tell us whether Congress' classification of marijuana as a Schedule I drug violates the U.S. Constitution.

I've been waiting on amphetamine tenterhooks, as it were, to see just what the hell is going to happen. No matter how the judge rules, I believe the NORML lawyers on the case (Zena Gilg and Heather Burke) will happily appeal it all the way to the SCOTUS if necessary.

Meanwhile, Congress appears to be on the verge of placing marijuana in Schedule 2--the same class as cocaine and hillbilly heroin.

If I understand NORML's position (and I probably do), Schedule 2 could also be unconstitutional, essentially because the science is overwhelming that marijuana is both non-toxic and non-addictive, key components of the Schedule 2 designation.

In the meantime, formerly pot-free zones like Oklahoma and Indiana suddenly have legal weed in their midst.  In Oklahoma, where a seed can get you jail time there are Indian Reservations, sovereign nations where Congress has just deemed it will allow marijuana cultivation and sales--

Indiana, on the other hand, blissfully (from cloistered white middle-America standards) free of Injuns, was myopic enough to pass the Religious Freedom Restoration Act (RFRA), effectively granting businesses the "right" to discriminate against people if they want to--

But emphasizing first-amendment religious freedom opens the door to marijuana use as a religious sacrament, and a minister in Indiana has already jumped at the chance.

The Oregon legislature, meanwhile, seems hell-bent on continuing the War Against Marijuana, albeit with larger exemptions: the Oregon Liquor Control Commission has already requested armed police to enforce marijuana laws (how long before someone is gunned down or beaten senseless at a pot shop with their hands up in surrender?), swearing they won't use that authority to go door-to-door making sure you don't exceed four plants or eight ounces; just trust them. 

Don't know about y'all, but my days of trusting cops are long over, and the legislature and OLCC have likewise proven themselves unable to effect the Will of the People. 

Marijuana is not a dangerous drug, and indeed is not a drug at all.  It is SO SAFE, in fact, that it is impossible to name a single substance that is safer to ingest.

Alcohol?  Don't make me laugh.
Acetaminophen? Nope.
Aspirin?  Nope. 
Plain water? Wrong again--

Wait--marijuana is less toxic than drinking freakin' water?

'Fraid so.

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Judge Mueller held a five-day evidentiary hearing on the safety of marijuana, and postponed her ruling once already.  Some take this as a sign she is writing an extensive rationale for her decision, something only necessary if she rules the law unconstitutional.

The contents of that hearing--win or lose--is the basic science we will use to achieve true legalization.

Updates on this--and on the grow-adventure thread--soon.

Peace.


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