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California Supreme Court Rules Medical Marijuana is Illegal

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algosdoc

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California Supreme Court Rules Medical Marijuana is Illegal
Posted: 01-25-08 23:28pm

By: PAUL ELIAS - Associated Press

SAN FRANCISCO -- Employers can fire workers found to have used medical marijuana even if it was legally prescribed, the California Supreme Court ruled Thursday.

The high court upheld a small Sacramento telecommunications company's firing of a man who flunked a company-ordered drug test. Gary Ross held a medical marijuana card authorizing him to use the drug to treat a back injury sustained while serving in the Air Force.

The company, Ragingwire Inc., argued that it rightfully fired Ross because all marijuana use is illegal under federal law, which does not recognize the medical marijuana laws in California and 11 other states.


The justices upheld that argument in a 5-2 decision.

"No state law could completely legalize marijuana for medical purposes because the drug remains illegal under federal law," Justice Kathryn Werdegar wrote for the majority.

The U.S. Supreme Court declared in 2005 that state medicinal marijuana laws don't protect users from prosecution. The Drug Enforcement Administration and other federal agencies have been actively shutting down major medical marijuana dispensaries throughout California over the last two years and charging their operators with felony distribution charges.

Ragingwire said it fired Ross because it feared it could be the target of a federal raid, among other reasons.

The Santa Clara Valley Transportation Authority and the Western Electrical Contractors Association Inc. had joined Ragingwire's case, arguing that companies could lose federal contracts and grants if they allowed employees to smoke pot.

The conservative nonprofit Pacific Legal Foundation said in a friend-of-the-court filing that employers could also be liable for damage done by high workers.

The American Medical Association advocates keeping marijuana classified as a tightly controlled and dangerous drug that should not be legalized until more research is done.
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bobbette

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Posted: 01-29-08 16:19pm

so, i want to know --why was it legal--then again banned-- were there obvious abuses going on--incidents-- new political factions-- people complaining --why??
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homerx

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Posted: 01-29-08 17:16pm

The fact is you can still bye it , at least in San Francisco and LA and North Hollywood and Palm Springs and other big cities. They do NOT arrest the owners of the Cannibus Clubs, they just confiscate the weed and close the place down, then it re opens either in the same place or at a different location. Its all to appease the republican right...
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backpain1955

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Posted: 01-29-08 20:18pm

The Supreme Court decision will have profound implications long term. The supreme court of California said California medical marijuana laws do not trump the US Federal law. That is a very strong statement that will have ripples for years to come
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Tylanas

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Posted: 01-29-08 20:59pm

That was a very... repetitive post.

Aaaanyway... I hope it's legal again some day. People should control their own bodies. I don't like MJ, I think it's dumb to use for most people. But, it has medical benefits.
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homerx

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Posted: 01-29-08 21:44pm

It literally saved my life. I am terminally ill and it is the reason I didn't waist away and die. I don't care what anyone says. My doctor says go for it if it helps and by God I did and it did. Walk a mile in my shows and I bet you would do the same...Peace and Love...
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backpain1955

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Posted: 01-29-08 21:45pm

I agree it is a dumb thing to use when there are viable medical alternatives that do not cause cancer, lung disease, and death.
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Tylanas

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Posted: 01-29-08 21:54pm

There is no proof that marijuana causes cancer, lung disease OR death. There are no modern studies on this, only old ones that are constantly being shown as biased and false.
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backpain1955

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Posted: 01-29-08 22:19pm

Below is a study posted today. I assume that would not be considered "old" although any study that disagrees with a rigid fixed viewpoint on a subject may be considered to be "biased" or "false". It is all a matter of perspective. Of course I also assume that a person speaking about bias would understand the statistical analysis used to determine Type I and Type II errors that may be applied to studies to determine bias.

Cannabis bigger cancer risk than cigarettes: study
2 hours, 9 minutes ago 1 29 08
Smoking a joint is equivalent to 20 cigarettes in terms of lung cancer risk, scientists in New Zealand have found, as they warned of an "epidemic" of lung cancers linked to cannabis.
Studies in the past have demonstrated that cannabis can cause cancer, but few have established a strong link between cannabis use and the actual incidence of lung cancer.
In an article published in the European Respiratory Journal, the scientists said cannabis could be expected to harm the airways more than tobacco as its smoke contained twice the level of carcinogens, such as polyaromatic hydrocarbons, compared with tobacco cigarettes.
The method of smoking also increases the risk, since joints are typically smoked without a proper filter and almost to the very tip, which increases the amount of smoke inhaled. The cannabis smoker inhales more deeply and for longer, facilitating the deposition of carcinogens in the airways.
"Cannabis smokers end up with five times more carbon monoxide in their bloodstream (than tobacco smokers)," team leader Richard Beasley, at the Medical Research Institute of New Zealand, said in a telephone interview.
"There are higher concentrations of carcinogens in cannabis smoke ... what is intriguing to us is there is so little work done on cannabis when there is so much done on tobacco."
The researchers interviewed 79 lung cancer patients and sought to identify the main risk factors for the disease, such as smoking, family history and occupation. The patients were questioned about alcohol and cannabis consumption.
In this high-exposure group, lung cancer risk rose by 5.7 times for patients who smoked more than a joint a day for 10 years, or two joints a day for 5 years, after adjusting for other variables, including cigarette smoking.
"While our study covers a relatively small group, it shows clearly that long-term cannabis smoking increases lung cancer risk," wrote Beaseley.
"Cannabis use could already be responsible for one in 20 lung cancers diagnosed in New Zealand," he added.
"In the near future we may see an 'epidemic' of lung cancers connected with this new carcinogen. And the future risk probably applies to many other countries, where increasing use of cannabis among young adults and adolescents is becoming a major public health problem."
(Reporting by Tan Ee Lyn; Editing by Alex Richardson)
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Tylanas

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Posted: 01-29-08 22:26pm

Well if it was just posted today and I am not a medical researcher, why on earth did you expect me to know of its existence?
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backpain1955

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Posted: 01-29-08 22:30pm

I don't expect anything. The fact is that there are current articles that conclusively demonstrate marijuana leads to cancer, lung disease, and death.
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Tylanas

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Posted: 01-29-08 22:38pm

Well then there are, and I didn't know about them. You can't blame me for being ignorant. All you can do is educate me. Of course I'm a lot more receptive to education when people don't assume I'm stupid.
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backpain1955

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Posted: 01-29-08 22:47pm

I actually think you are quite erudite without being pedantic. You assiduously engage in palaver and reparte in an engaging manner without resorting to avuncular cliches. Well done!
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Tylanas

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Posted: 01-29-08 22:52pm

So? You're not treating me with the respect you implied in that post. If I'm so original and entertaining, then why act like I'm a dummy?
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backpain1955

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Posted: 01-29-08 23:04pm

You are a very bright lady with whom I have enjoyed the pleasure of academic jousting tonight. Retorts are sometimes used when there is an assessment of one's adversary that lends one to believe there is a person of conviction, intelligence, and perspicaciousness on the other side of the argument.
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bobbette

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Posted: 01-29-08 23:21pm

hey--back pain 1955--u sound veeerrry familiar-- are u on this site using an alias? I think they frown on that--any way all i have to say is that life leads to death....everything in the middle is for whatever a person desires to do...u make your choices then your choices make u. We should all try to be a bit open minded to other people's opinions and experiences and a wee bit more tolerant and kind in our responses. u don't have to use those 50 cent words to Eiri et al to try to pretend u r superior--cuz that ain't what it is all about anyway-- We are all suffering and struggling on this planet in one way or another --how about being supportive and friendly and plain talking...c'mon dummy down to our level, please? Peace--Love--and Prayers Bobbette
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backpain1955

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Posted: 01-29-08 23:39pm

I have always believed it is important to continually grow in life. The use of words to paint a picture is a form of art. One may aspire to create in oils, pastels, or pencil. One can view a beautiful vista that is breathtaking, then decide to describe it in a masterwork using the full palette that is available or to draw stick figures. I happen to be a quite poor artisan with stick figures. The 50 cent words are found on every 11th grade SAT test, so their use should not alarm, insult, or demean. The window to growth is through the fruits of knowledge, then to use those fruits in expressive communication to promote accuracy in context and definition. Yes, all of us with pain struggle daily, and we must all find out path forward. Mine happens to pass directly through the English lexicon. Peace, Love, and Prayers...
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homerx

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Posted: 01-29-08 23:46pm

backpain1955, Question...one you may find uncomfortable but I have to ask.Why have you only been on the medical marijuana forums if you are here for back pain? Something is amiss. I have gone to your profile, you just joined these forums today, your name is backpain1955 and yet you have not visited the back pain forums at all. Not once! Curiouser and curiouser...but it is all adding up and I smell a rat. No backpain threads or posts in your history. Zip. Zilch. Nada.None...hummmm.....if it walks like a duck and talks like a duck then one can only assume it is a duck! Confused Could it be that you are one and the same? Shocked And could it be that this useless fool pot smoking degenerate homosexual one upped your superior mind? Even after years of putting that Devil weed to my sinful mouth??? Say it isn't so!
PEACE,LOVE and PRAYERS,
HomerX voices


Last edited by homerx on 01-29-08 23:57pm; edited 1 time in total
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backpain1955

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Posted: 01-29-08 23:55pm

Marijuana has affected my family in an extremely negative way....to the point the back pain is a minor issue right now. Sorry I am so passionate about the subject.
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bobbette

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Posted: 01-30-08 00:00am

Well--i am not sure, but i think Eiri found u more than a bit demeaning and insulting from her response to your "palavar and reparte". Paint whatever kind of picure u like with your vast knowledge of the English lexicon incorporating as many of those 11th grad SAT words u can remember. Just remember there is much beauty in simplicity of expression--so to put things out there in such a manner that reaches those who are not fortunate (or unfortunate) enough to be extended MENSA invitations is gracious and kind. Peace--love--prayers--Bobbette P.S. Are u using an alias--back pain 1955=Algosdoc ?


Last edited by bobbette on 01-30-08 00:02am; edited 1 time in total
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