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Source: Erin Schaff/The New York Times via AP, Pool
Supreme Court Justice Clarence Thomas said Monday that, due to large number of federal marijuana policies, federal laws prohibiting the drug may be unconstitutional.
Thomas, one of the six conservative justices on the bench, spoke of the country’s federal marijuana laws after the court refused to hear an appeal from a Colorado medical marijuana dispensary that was denied tax breaks that other businesses in were granted.
Thomas wrote in a statement : A prohibition on interstate use or cultivation of marijuana may no longer be necessary or proper to support the federal government’s piecemeal approach. He said the 2005 Supreme Court ruling in Gonzales v. Raich, which maintained federal laws that prohibited the possession of marijuana for any use, may now be outdated as cannabis has since been legalized by local governments.
Thomas’ opinion read: Federal policies of the past 16 years have greatly undermined its reasoning. Once comprehensive, the Federal Government’s current approach is a half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana. This contradictory and unstable state of affairs strains basic principles of federalism and conceals traps for the unwary. Thirty-six states currently permit medical marijuana usage […]
Read the whole story at townhall.com
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