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View Diary: Cannabis in the news: Dear Obama, it's MPP (36 comments)

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  •  Uniao do Vegetal, Employment Division v Smith (0+ / 0-)

    The Ayahuasca case was heard after Smith, but relied not on the 1st Amendment, but the Religious freedom Restoration Acrt, which restored the standard for opholdining restrictions on religious practice to strict scrutiny.

    The 8th Circuit since looked at religious cannabis in Olsen, distinguishing ganja from ayahuasca by the fact that the cannabis is widely in Interstate Commerce, Ayahuasca rarely. A rather weak distinction, imo. Cert denied.  

    The War on Drugs is $40 billion a year of Government waste.

    by ben masel on Tue Dec 02, 2008 at 11:52:32 AM PST

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    •  But what has Interstate Commerce to do with (1+ / 0-)
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      the free exercise of religion?  There can be no meaningful constitutional distinction between Ayahausca and Cannabis.  Cannabis has been used in spiritual/religious practice by people all over the world for thousands of years; so have p. Cubensis and a. Muscaria mushrooms, Iboga, and other worship plants.

      Until this equivalence is forced by a new SCOTUS ruling - which they cannot deny, based on UDV - your Mind 'belongs' to the government; that's the bottom line.

      Take a look at the Emotiv EPOC, and think ahead a couple of Moore Doublings to when its next version provides high fidelity, full duplex, virtual reality communication, wirelessly, directly from and to the human brain.

      Would you trust the people who managed the Katrina response and the Guantanamo detention facility with the ability to tap into that, while your head is connected to it?

      "Extremism in the Defense of Liberty is No Vice; Moderation, in the Pursuit of Justice is No Virtue." - AuH2O

      by Press to Digitate on Tue Dec 02, 2008 at 12:19:15 PM PST

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