Medical Marijuana; Doesn't state law take precident over federal law?
922369
Article Six of the US Constitution says, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding," which essentially meas that federal law always supersedes state law.\n\nThe Supreme Court has ruled that, since marijuana is sold across state lines and more often than not comes from outside the country altogether, Congress can regulate pot under the Commerce Clause. Congress can even regulate non-interstate sale of pot because it affects interstate commerce.
189917
laws vary from each state on this matter?
1045113
Because state medical marijuana is just another lame excuse for dope-heads getting high.  Stop that crap...smoke salmon.
530459
One would think interstate commerce would involve multiple states, but commerce that occurs entirely within one state can be considered "interstate commerce" for constitutional purposes.\n\nSee Wickard v. Filburn, or the more recent medicinal marijuana case Gonzales v. Raich.\n\nIn those cases, wheat (Wickard) and marijuana (Raich) that were never sold and used solely by the growers were both considered to be part of "interstate commerce" and could by regulated by Congress, because they might have an effect on interstate commerce if all people acted in that manner, it would affect interstate commerce in wheat or marijuana
18765
Medical is already in some states. But all states for non medical purposes, no.
538741
Drug if taken recreationally, medicine if taken under the care and supervision of a doctor.  Same for morphine!\n\nEDIT:  To the person below me, many countries currently permit doctors to prescribe medicinal marijuana, and many doctors do so.  The world is a lot bigger than the USA.
404819
Although 11 states have legalized the use of marijuana for certain medicinal purposes, the federal government has laws on the book making it illegal for doctors to prescribe marijuana.  Last year, in Gonzales v. Raich, the Supreme Court upheld the federal government's right to regulate drug use in the states.  Effectively, then, medical marijuana use is illegal.
998855
i can answer that in one simple word....MONEY...the government makes way too much money off of marijuana busts to make it legal...i know its fucked up but thats just the way it is.. marijuana is the only harmless drug on "Schedule I" (others include: LSD, opiads, methanphetamines...etc. (look it up). \n\nschedule I means....supposedly: "it has no medicinal purpose at all"... so therefore there can not be any government funded research on the subject to advocate its' legalization...\n\ni could go on forever on this debate but its tiresome to type that much, i really wish it was legal as i'm a "fan" of it...lol....\n\ncontact me if you care to hear anymore of my opinion...
669800
Federally it is illegal everywhere in the US. Medical Marijuana growing only works for as long as it doesn't attract the FBI or DEA's attention. Only local police won't bother you if that state has medical marijuana laws. \n\nAs to Arkansas, I really don't know. I don't see anything about them at NORML
1179531
Doesn't matter. It's not legal at a federal level.  States can pass things all they want it is still illegal.  States don't overwrite federal laws.  They can only be more strict, not less.
797756
Not comletely legal...and even if it were federal law over rides states...haven't you seen the med marijauna in CA??\n\nIt's not now...but we are still working on it...\n\nThe government can't keep the lie up much longer...people know that marijuana is not nearly as harmful as they try making it out to be.\n\nI am more concerned with my son trying harder drugs than pot...in fact I would be more angry if he come home drunk than if he come home high....but I would still be pi**ed!
1015919
Marijuana is perscibed to people that are dying and people with health issues that need it for certain reasons. Yes i think it should be legalized. The medical use is a step in the right direction and i belive these folks get cards and paperwork for personal use.
31004
Can't speak for virginia, but I live in colorado and the law you speak of is a local law that makes it legal in the city of denver to have some pot, but it's important to remember that federal law still overrides over the city of denver and it is still illegal to have pot in denver.
1050723
None of those asian countries listed have medical marijuana prgrams and all are VERY strict on even possesion of small quantities.  I think medical marijuana is a good idea but seems impossible to regulate with many people just paying a doctor a few hundred bucks to get a cannabis club card, sick or not.  So i think they should just go ahead and legalize it already, its practically decriminalized already here in california (if you get caught with under  an ounce, its like an 80 dollar ticket with no arrest or jail.) Im counting on you arnold to get it done!
462128
Yes.  Federal "occupation of the field" occurs, according to the Supreme Court in Pennsylvania v Nelson (1956), when there is "no room" left for state regulation.  Courts are to look to the pervasiveness of the federal scheme of regulation, the federal interest at stake, and the danger of frustration of federal goals in making the determination as to whether a challenged state law can stand.
856276
I can totally understand why you use marijuana for medical purposes...it has so many of them and is so effective. I can't believe it's not legalized. I know WHY, but I still can't believe how many lies the government feeds us to demonize this incredible natural and practically harmless substance. I mean, Sudafed is far more dangerous than marijuana for goodness sake! All this talk by other posters saying it kills brain cells makes me sick. It's so very ignorant. Marijuana doesn't do that, ALCOHOL does yet no one's going to get on your case for having a beer at dinner. \n\nAnyway, I don't think a judge would take your child for testing positive for a drug test but I don't know. I mean...are you saying someone wants to take your child? Otherwise, if you, say, were applying for a job that ordered a drug test and you tested positive, they would not take away your child. They just may not hire you.\n\nBut if someone is trying to take your child away and you don't have a prescription I guess they could. Are you in a state that prescribes medical marijuana? If you want your son to be with you then maybe you should think about moving, as extreme as that sounds! \n\nI think you're doing the best you can and I respect your decisions. Good luck.
1154041
There is a cancer drug called marinol which acutally has THC in it, the same chemical that is the acting chemical in marijuana. There are so many sedatives and anti-anxiety drugs that have the same effects as marijuana.....Xanax, Ambian, Buspar, Temazepam, Klonazapam....just to name a few. There are also pain relievers such as Condeine, Hydrocodone, or muscle relaxers like Soma or Flexiril which have common effects. I have actually had several therapists tell me that marijuana makes a great anti-anxiety drug... unfortunetly it is still illegal in most of the US. Unless you get a medical prescription in california or move to alaska where is completely decriminalized, it would be better to stick with the legal options. At least until some major legislative action takes place to make marijuana legal.