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Clarence Thomas Catches Everyone Off Guard

For years, thoughtful Americans have wondered (and asked aloud, etc.) why Congress doesn't address the clear will of the majority and legalize cannabis on the federal level. End the prohibition on banking and research, end needless arrests, educate doctors and nurses, legalize and regulate it like alcohol...

And then today, from the unlikeliest of sources, Supreme Court Justice Clarence Thomas, has written in a case that the Supreme Court refused to hear, that the Court's 2005 ruling in Gonzales v. Raich, which upheld federal laws making marijuana possession illegal, may now be out of date.

He wrote:

  • “Whatever the merits of Raich when it was decided, federal policies of the past 16 years have greatly undermined its reasoning,” Thomas wrote.

  • “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,” Thomas wrote, adding that “though federal law still flatly forbids the intrastate possession, cultivation, or distribution of marijuana … the Government, post-Raich, has sent mixed signals on its views.”

I will bet that no be in America saw this one coming...

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