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Press Release

For Immediate Release
Wednesday, September 3, 2008

Bob Barr Praises Federal Court Ruling Upholding Right of States to Allow Medical Use of Marijuana

“The principle of federalism seemed dead three years ago when the U.S. Supreme Court allowed the federal government to run roughshod over state laws permitting the medical use of marijuana,” says Bob Barr, the Libertarian Party presidential nominee. 

Barr says the tide may be turning with the recent decision by U.S. District Court Judge Jeremy Fogel, who refused to dismiss a case by city and state officials against the federal government for raiding a medical marijuana group in San Cruz, California. “Keeping the case alive was significant enough,” notes Barr.  “But Judge Fogel suggested that the Bush administration might have violated the Tenth Amendment of the Constitution in adopting a policy intended to effectively void California’s medical marijuana law."

As Judge Fogel explained, a trial must proceed on whether the federal government attempted to make ‘California’s medical marijuana laws impossible to implement and thereby forcing California and its political subdivisions to recriminalize medical marijuana.’  In short, says Barr, the courts may end up deciding that while the federal government may implement a policy that runs contrary to state rules in an area of traditional state authority, namely the criminal law, Washington may not work to overturn state law. 

“After spending billions of dollars and arresting millions of people, we seem no closer to eliminating illicit drug use than we were at the start,” Barr says.  “But we certainly have lost a lot of our freedom.  While we might disagree about the best approach to problem drug use, we should be willing to accept the compassionate use of marijuana by those who are sick and dying.  Certainly states have authority under the Constitution to allow doctors to prescribe marijuana as medicine.  The federal government has no constitutional authority to interfere,” insists Barr.

Barr says that neither Sen. Barack Obama nor Sen. John McCain is willing to consider real change to current policy.

“Sen. Obama says the federal government shouldn’t interfere with state policy, but he says he doesn’t want to waste his political capital on the issue," Barr explains.  "Sen. McCain was for respecting state authority before he was against it.  Neither the Democratic nor the Republican presidential candidate is willing to put constitutional principle—or the lives of those who are suffering from AIDS, cancer, glaucoma, and more—before federal power."

Barr says as president, he would "direct the DEA to initiate, for the first time, a truly open and objective scientific evaluation of the medical potential of marijuana." Moreover, Barr says he would ensure that all federal officials, including those in the Department of Justice and Drug Enforcement Agency, respect the decisions of states that choose to allow the medical use of marijuana.  Finally, Barr would undertake a comprehensive review of federal crimes, which have expanded far beyond the few narrow cases foreseen by the nation’s Founders. 

"What the federal government does, it should do well, but it attempts to do far too much today," Barr says. "We must never forget that we are supposed to be living in a free society."

"Such a decision, especially if upheld on appeal, would have significant and positive repercussions in other matters of public policy in which the federal government has used the power of federal law to thwart decisions by citizens of individual states," Barr notes.

Libertarian Party presidential candidate Bob Barr represented the 7th District of Georgia in the U. S. House of Representatives from 1995 to 2003.

The Libertarian Party is America's third largest political party, founded in 1971 as an alternative to the two main political parties.  You can find more information on the Libertarian Party by visiting www.LP.org. The Libertarian Party proudly stands for smaller government, lower taxes and more freedom.