Medical Marijuana, and How Laws Work

I’m going to go out on a limb, risk being unpopular (heavens…), and say, without hesitation, that this medical marijuana ruling from the Supreme Court was the correct and only defensible decision given current law and the case presented. Period.

Before you get pissed off, read on. This is not a rant against medicinal marijuana. It’s aimed more at people who bitch and moan and whine about the law without bothering to learn how it works…

First, the Supreme Court did not “rule against medicinal marijuana”. It simply said that current US law does not make an excpetion for medical necessity. Which it doesn’t. In fact, the Controlled Substances Act SPECIFICALLY prohibits medicinal use…

Second, the Supreme Court did not “outlaw medicinal marijuana”, no matter what the BBC (which should know better) reported. It was already illegal. The Supreme Court simply confirmed that fact and acknowledged that it would continue to be illegal, at least until laws are changed…

What a lot of people seem to forget is that the question here was not “is the medicinal use of marijuana a good thing?”. The question was “is the medicinal use of marijuana justified under the current laws?”. You can argue all day long that it SHOULD be legal (and I might very well be inclined to join you), but that’s not the point…

Nor is the oft-argued assumption that a majority of Americans probably support medicinal use. Public opinion is completely irrelevant. The Supreme Court is not an elected, democratic body. Its purpose is to determine whether an activity is OK given currently-enacted laws. Or to decide whether currently-enacted laws past muster under the Constitution.

If public opinion were a valid argument in the Supreme Court, we would most likely still have poll taxes and segregated schools. OK, we still have segregated schools, but at least they’re theoretically illegal…

Whether the law is right or wrong was not a concern. If there were no specific mention of medicinal use in the law, it MIGHT have been possible to invoke a medical necessity argument. And it may still be possible. But with the case as made, and the law as written, there was no way the Court could logically have ruled any other way…

Jeff Jones of the Oakland Cannabis Cooperative says the decision was “wrong-headed” and warns that laws will change over the coming years, invalidating the decision. He’s right, even though he evidently doesn’t know exactly why…

I don’t smoke pot and I generally don’t think it’s a very good thing to do so in most cases, in pretty much the same way I don’t think drinking and smoking cigarettes (which I have been known to do) are healthy. However, I do support legalizing medicinal marijuana and I’m not generally in favor of controlling drug abuse through criminal penalties. But the Supreme Court was right on the money today…

Look on it as a call to action…

I Just Don’t Understand

I just don’t understand…

  • When it’s hot and sunny, I feel draggy and miserable. When it’s cold and rainy, I feel draggy and miserable. Why is that I only seem to be a functional human being when it’s foggy (or at least partly cloudy) and the outside temperature is between 59 and 65? Fortunately, these conditions are present for a significant portion of the year in San Francisco…
  • I can’t seem to escape our alleged president anywhere these days. I was watching a movie tonight. At the end of the tape, there was a stray newscast I’d accidentally recorded in 1992. I was having a nice time watching stories about the dangerous new trend called “carjacking” and about Berkeley’s Naked Guy being expelled from UC…
  • But then came an interview with some major league baseball owners about the Giants potential departure from San Francisco. Second interviewee? A much younger (but still just as annoying) Shrub Dubya Bush. He didn’t sound any more intelligent back then either, in case you were wondering. He did sound every bit as slimy…
  • Funny. I used the word “slimy” in an earlier email conversation tonight without any negative connotations whatsoever…

And now I’m babbling, so I’ll stop…

Go, Missouri

At least the people of Missouri apparently had the good sense to realize that a dead Democrat was better than a live Republican as a candidate for the US Senate. It’s a pity that slightly more than half of the country couldn’t show the same good judgment by electing a different dead Democrat to the presidency.

I’m going to bed. I may move to Canada tomorrow.

Millenium March

Just like Keith at crusingforsex.com and miscellaneous San Franciscans, I’m not going to the Millennium March either. Didn’t even occur to me to go. To be honest, I really wasn’t even all that aware of its details before reading these articles by other people who weren’t going either.

Why not? Hmmm. Glad you asked.

First, of course, would be the fact that I don’t see a tremendous lot of point to it. The point of such marches is to increase visibility by stating rather smugly that “there are 300,000 of us here so you’d better notice us, dammit.” But visibility is not the problem; most Americans are quite aware than queers exist in significant numbers. Most of them don’t really give a damn, and another march isn’t going to do a single thing to change this fact.

Attitudes are changed by one-on-one interaction, and legal status is changed by legislation or litigation. About the only thing that marches (and parades, etc.) do is annoy the people who can’t get across town because of them.

Then, of course, there’s the mixed agenda. To heterosexuals, it’s “we’re just like you, so please give us the freedom to marry and kill people in the military”. To ourselves, it’s “we’re different and special and should have pride”. So which is it? To me, it’s neither. I am not just like everyone else (who is?), but the fact that I suck dick does not make me particularly different from anyone else either. And pride should be the result of accomplishment; I just did what came naturally…

The “just like you” path to equal rights has always left me cold. To those who say there are issues other than sex involved, I would answer that sex is the only characteristic queers all share, and it’s the single reason queers face discrimination. Therefore, sex is absolutely the ONLY issue involved.

People have a right to choose whatever sexuality or relationship type they want. The gay movement is currently obsessed with fighting for equality by saying “I agree to copulate by your standards you in exchange for civil rights”. It should instead be demanding that “you must not discriminate against me based on the way I copulate”. I’m more inclined to fight for the freedom NOT to marry and still to be regarded as a complete human being.

Of course I support anti-discrimination legislation, and yes, I even support legal same-sex marriage. What I don’t support is this warm fuzzy visibility tactic which may have had some validity twenty years ago but no longer does. I think the time and money might be better spent on other things, a few strategically placed anti-discrimination lawsuits being at the top of the list.

And while we’re at it, let’s not forget the Equal Rights Amendment…

God Hates Idiots

Fred Phelps was scheduled to visit my home town today. Good old Fred. His antics have done more to help the cause of gay rights than any paid lobbyist could ever hope to accomplish. I renew my call to add him to the payroll…

The touch of anti-Semitism is a nice testimony, I might add, about the Inner Klansman which Fred and his merry band of Topekans face each morning (after their prayers, of course) when looking in the mirror. It’s refershing to see a group which realizes that if one aspires to complete idiocy, one must at least do so consistently.

Speaking of idiots with lousy websites, anyone visited the NRA page recently? I challenge you to find one news item which isn’t in Real Audio format. Not a text article on the whole site. Earth to gun-crazy freaks: the web and TV have not merged quite yet, thank God (even though God may hate gun control too for all I know)…

At least their site will probably cause numerous individuals not to join Charlton’s Raiders (Heston’s Heroes?), so there’s some hope…

Quoth God (through Charlton Heston): “Thou shalt not kill.”

Quoth Archie Bunker (speaking of bigots and idiots): “All scotch tastes the same. It all tastes like iodine.”

Quoth Yer Humble Host: “I hate scotch. God hates iodine. Charlton Heston may hate fags, but I don’t much care”

No, it didn’t make sense, but it sounded amusing while I typed it. Probably had something to do with the lack of sleep…