Bad Law Based on Bad Law is Good Law...Stoner's Cause On a Road to Nowhere

I'm not going to pretend to be some fantastic legal scholar. Hell I was part of the "2.0 and go/fuck it, I ain't practicin" crowd back in law school, so what do I care, right? I'm going to leave the real legal case analysis to the experts (I'm not worthy); however, I do have $1.05 to add on the Gonzales v. Raich, 545 U. S. ___ (2005). Whether you agree with the ruling or not, even conservatives have to admit that this opinion does indeed meet that key stare decisis criteria. Now granted, the Wickard v. Filburn 317 US 111 (1942) case was a completely crappy stretch of governmental authority designed to "constitutionalize" the New Deal, but the majority did indeed follow its own (not internationally influcenced) precendent. So, get it done in the Congress...where the fight really belongs.

Now I'm going to digress a bit.

Here's my disclaimer on this topic: I have never used an illegal drug in my life; however, personally, I am in favor of the legalization of all drugs. I say put it in the store and tax it. Drug use is a choice. Take the black market and the tainted poison off the streets; and keep stoners from overcrowding our jails. Of course, such legalization has to come with an expected personal responsibility of the consequences associated with such behavior. You want to shoot smack? Fine, but don't expect the taxpayer to pick up any of your medical bills relating thereto, and don't expect us to pay your rehab when you figure out that you've made a bad decision and hit rock bottom. You get to do drugs without going to jail, in exchange for which, taxpayers get to wash their hands of the drug "problem". And if your kid buys legal coke from CVS and then ODs and dies, you don't get to sue anybody. Your habit, your choice, your problem...done deal.

Now, I have to follow on with the opinion that I don't think any of the pro-medical marijuana crowd, or any of the pro-drug crowd is doing the cause any justice. These people aren't going to get anywhere with the American peoples coming off as Jeff Spicoli, which is what seems to be out there. "I want to smoke weed" is no more of an argument than "I want Bill Gates' money."


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