STAGE 2, please consider the decision in Raich. Now consider the decision in Oregon.
Bottom line here. Follow the money.
Al. We have had this conversation before... several times if my memory is correct.
First, I would hope you concede that the medicinal benefits have nothing to do with something's legality. If the fountain of youth was contraband, whether it helped people or not would be irrelevant. Those arguments are pertinent in whether or not the law should be changed, but not on how the law is to be enforced.
As for Wickard, as I said before, I'm with you in that it was incorrectly decided. Someone growing things for personal use certainly cannot be in interstate commerce.
That said, most narcotics, pot included, come from outside the USA, undoubtedly placing them in interstate commerce. As a result, the feds can ban them at leisure. Consequently, the burden lies with the defendant to show that their pot wasn't in interstate commerce.
So let's wax hypothetical and pretend that tomorrow SCOTUS ruled that pot for personal consumption wasn't in interstate commerce and beyond the reach of the commerce clause. Guess what would happen. Uncle Sam would call up his 50 little cousins and say, "hey guys, you remember that gazillion dollars I give to you every year. Yeah, if you want to see any more of that, guess what laws you are going to pass." Presto bango, the states have now made pot illegal again.
Personally, I would much rather have it this way since its consistent with law and the constitution as I see it. However, practically speaking the result will be exactly the same.
Stage, I hope you never have need for the benefits that others have gotten from pot, but if you do I pray those around you are as sympathetic to your needs as you are to others!
Fear not. I can guarantee you that I never have, nor ever will partake in the consumption of any illegal narcotics, and most legal ones for that matter. From the way I have lead my life it would pretty much make me the biggest hypocrite in the world.
Should the good American people decide that they want to pass the dutchie round the left hand side then I will graciously accept the will of the majority. Just don't do it around me.