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OfflineFerris
Psychedelic Journeyman

Registered: 04/20/08
Posts: 354
Last seen: 15 years, 9 months
Re: Federal Court Rules U.S. Govt May NOT Deliberately Subvert California’s Medical Marijuana Laws [Re: coAsTal]
    #112966 - 08/22/08 04:20 PM (16 years, 6 months ago)

Quote:

coAsTal said:
I have a feeling that anything 10th-Amendment-affirming will be avoided at all costs by the MSM-- call it a hunch...




Was the 10th ammendment mentioned as a factor in the decision?

I'll definitely be skimming through the abstract and opinions later today.

EDIT: ya, that seems to be the basis of the case.  It was upheld in part due to that claim (parts of the claim were denied).  Furthermore, 4th, 5th, and 9th ammendment claims were dismissed by the plaintiffs.

Of course, you will never ever ever see a case like this go all the way to the supreme court in our lifetimes.  Just making sure nobody here is holding that delusion.  A tenth ammendment claim being upheld is rare indeed, and is a great minor victory.

One thing to keep in mind:

"If Plaintiffs can prove that Defendants are enforcing the CSA in the manner alleged, a question as to which the Court expresses no opinion, they may be able to show that Defendants deliberately are seeking to frustrate the state’s ability to determine whether an individual’s use of marijuana is permissible under California law. A working system of recommendations, identification cards and medicinal providers is essential to the administration of California’s medical marijuana law."

So the burden of proof and litigation are still there, meaning that there will be more court cases in the coming months and years.

Edited by Ferris (08/22/08 04:50 PM)

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