What is Chronic Pain
Chronic pain becomes chronic when it persists longer than 6 months and is resistant to medical management. Millions of Americans are chronic pain patients and some exper...
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Chronic pain becomes chronic when it persists longer than 6 months and is resistant to medical management. Millions of Americans are chronic pain patients and some exper...

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Medical Pot Question
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OK, Legal Eagles:
First off, yes, I think medical marijuana is effective, and should be legal. In fact, I think recreational use should be legal. The Justice department under the Obama administration has announced that new guidelines are being created to protect medical marijuana users in states which allow such use from prosecution. The legal concept of “vagueness” uses three questions, one of which is “ Is a certain law is applied in an arbitrary or discriminatory way”, i.e. selective enforcement. If so, the law (theoretically) becomes void. This was the way that many of the discriminatory vagrancy laws were eliminated, as well as unenforced standing laws such as a prohibition of selling ice cream sodas on Sunday. So, the federal law is selectively enforced favoring a given population within state boundaries, while equally ill citizens of other states suffer due to discriminatory application of federal law. While medical necessity is not an affirmative defense in many states, perhaps vagueness may be used as a defense. What say ye? Am I wrong? Is Obama opening a can of worms? -Snake Posted on 10/30/09, 02:10 pm |
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The can of worms is State Revenue. California now taxes medical MJ. Suddenly twelve other states make it legal too. That was when the can of worms opened up. It had to happen. It seems like an organic process, but I live in Calif. so it's easy for me to adopt that attitude and we had lots of struggles with the DEA. People are in jail now because of it. Just throw it in the hamper with all the other crimes of the Bush Admin. I think Obama is trying to correct a wrong and has his eyes on tax revenue, cash crops, susidiary industries and realizes that the economic situation is so dire that he needs to open the door to dipping into the underground economy which some macroeconomists say is equal to the gross domestic product!
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Now, I never was a big fan of marijuana use, but with this chronic pain I now have. I do believe it should be legal! If it can reduce the suffering that we endure, I am all for it being legal and I may find it rather attractive for recreational use as well, since I have gotten out of this little cage I seem to have been locked up in my whole life!
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Bliggy,
I'd certainly pay a reasonable tax for an unadulterated pure product. That being said, it can be grown by the consumer. I could grow my own tobacco if I wished. At least until congress decides pot falls under the commerce clause. I was really talking about the law, the legal ramifications in the courts, the discriminatory nature of existing laws, and a step toward legalization. Two of my concerns are freedom from governmental coercion, and freedom from narcotics. I need narcotics to function, but I don't like them, and I don't like the bullshit involved in simply obtaining and using a legal medication. Oyez, oyez....Judge Snake
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I would jump on medical pot in a heart beat if like you said we could grow our own. Anything the government touches isn't woth crap and I wouldn't want to give them anything for it anyway.
I know that it does help chronic pain and makes peole more bearable to be around when suffering from unrelentless pain:) Yeah Pot. I say I say that I would get it in a flash if I could not be prosecuted for it :)
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Snake,
I completely agree that marijuana should be legalized. It should be treated like an herb, not a drug. If legalized, it is certainly logical to believe taxation is eventual. Even so, getting rid of the black market profit margin will most likely make it cheaper than it is now. Taxation would raise a huge amount of money for the government since mj is our #1 cash crop. At a minimum people should be able to grow for personal use. I've been to many countries where mj is legal or tolerated and the sky doesn't fall. MJ is great for pain and I hate having to quit one week of the month leading up to my pain management appointment. Yes, people should be allowed to mention that they are growing or using as an affirmative defense. (Several medical marijuana providers in CA have been blocked by the judge in mentioning that they where growing mj in accordance with state law for medical reasons. Many people where convicted under these circumstances.) But if we get to decrim or legalization for everyone, medical affirmative defenses will happily be a moot point.
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ChronicIL,
I assume these judges you mentioned were federal? The Compassionate Use Act of 1996 as I understand it protects caregivers if they satisfy the legal requirements. In 2007 U.S. 9th District Judge Harry Pregerson in Raich v. Gonzalez, Case No: 03-15481 ruled against Raich on the substantive due process question, but added the caveat that Raich was entitled to use medical necessity as an affirmative defense. BTW, how do you get it out of your system in a week? -Snake
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ChronicIL,
I may have reached a bit far in the affirmative defense idea. Specifically in states which don't allow a medical necessity defense. I still think federal prosecution will lose it's teeth after a good test case, regardless of the state in which it takes place. I consider the crux of the issue with the new guidelines is that they leave the people, and probably the officers in states with medical use laws confused as to whether users are breaking the law. The guidelines reserve the right for agents to use their own discretion to bust people regardless of state law, but then say they won't bust them if certain criteria are met. And these guidelines could change a week from now, further adding to the confusion. -Snake
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High 5 Snake, I agree 1000 percent. It sure could bring down the national debt. And on the plus side as well I think it would make for a more peaceful world !! It is also a mood elevator and for those of us that know the black hole of depression it sure would have a positive effect. Some people are very very against MJ because of it not being understood well. The "gateway drug", reefer madness, that was a cool flick by the way ! MJ has just had a very bad rap and that is so not the case !! Peace and Love, Deb
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It has gotten a really bad rap. I used as a teenager because my home life was not so happy. I have to admit even though my home life sucked I was rather happy and really well adjusted.
I stopped when my daughter was around 8 and that is when all hell broke loose. I became so sick and battled this for years to find out that I had Lyme Disease all my life. They kept asking me what trauma had my body went thru like sickness or sever flu. Nothing like that I could remember than one night my husband and I were sitting around and it dawned on me. When I stopped smoking pot was what caused this. I think it was suppressing the lyme spirochette. Needless to say I never told doctors this due to the fact of being labeled a drug adict then not being able to be treated for my pain. I had smoked it for so ong that it was the trauma my body went thru to cause this to happen. Boy if I only knew I never would have stopped!!! I am still on the fence f starting again becasue I know it will help my pain and the terrible debilitating depressive moods I go through like just recently. Frozen with depression and anxiety and cannot use something from the earth and the good Lord forced to use these man made drugs. Maybe once my daughter who is now 17 is on her own I will feel more comfortable. I feel like a huge hypocrite telling her not to use drugs only for her (who has Lyme also) to find out I am a pot head.
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The text of the new Justice Dept. guidelines for prosecution of MMJ users can be found here:
http://blogs.usdoj.gov/blog/archiv... Another very good article by a physician/attorney who has taught extensively and worked for the NIDA can be found here: http://epubs.utah.edu/index.php/ul... I am guardedly optimistic, although the wheels turn slowly. -Snake
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