Supreme Court Decision Gonzales v. Raich

Just a short word on the decision yesterday by the Supreme Court regarding medical marijuana laws. The Court shot down these state laws stating Federal law supercedes the states in regards to federally regulated drugs. Now let me just state for the record that I do NOT support making marijuana legal and personally believe a better dispensing method should be developed if there is a true medical use for marijuana. I can't believe the inhalation of smoke is ever the best method of taking a prescription. Perhaps a nebulizer type treatment or a more effective pill can be developed.

But this is beside the point. The real reason I disagree with the Court's decision is because I do not see where the Federal government has any jurisdiction. The State laws approve the use of medical marijuana only when prescribed by an in-state physician to a state citizen using marijuana either grown in the patient's home or from an in-state grower. There is no inter-state commerce taking place, and therefore the Federal government should not have jurisdiction. If the marijuana is taken across state lines then the Feds would have the right to govern and penalize. But this to me appears to be Federal overreach.

The Federal government was given specific responsibilities by the Constitution with all others reserved for the States. That should be the yard stick by which this type of law is reviewed. I'm also not a big fan of Federal involvement in public education, but that's a topic for another day.