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May-18-2012 00:12printcomments

New York Judge Admits to Medical Marijuana Use and Endorses Legalization

“This is not a law-and-order issue; it is a medical and a human rights issue” - Supreme Court Justice Gustin L. Reichbach

King's County Supreme Court Justice Gustin L. Reichbach
King's County Supreme Court Justice Gustin L. Reichbach photo courtesy: brooklynfriendsofchambermusic.org

(BROOKLYN, Raw Story) - In a press conference and op-ed published by The New York Times on Wednesday, Kings County Supreme Court Justice Gustin L. Reichbach revealed that he regularly smokes marijuana to cope with the side effects of his ongoing cancer treatment, and pleaded with New York lawmakers to legalize medical use of the drug this year.

“Given my position as a sitting judge still hearing cases, well-meaning friends question the wisdom of my coming out on this issue,” he wrote. “But I recognize that fellow cancer sufferers may be unable, for a host of reasons, to give voice to our plight. It is another heartbreaking aporia in the world of cancer that the one drug that gives relief without deleterious side effects remains classified as a narcotic with no medicinal value.”

Justice Reichbach explained that smoking marijuana effectively treats his pain and nausea and helps him sleep, adding that the synthetic alternative, a prescription drug known as Marinol, “was useless.” For those reasons, he implored lawmakers to legalize medical marijuana in New York as soon as possible.

“This is not a law-and-order issue; it is a medical and a human rights issue,” he wrote.

Lawmakers in New York are currently debating medical marijuana legalization, and a recent poll found that 57 percent of New Yorkers are in favor of the proposal.

Gov. Andrew Cuomo (D) has urged his colleagues to exercise caution on the bill and take ample time to fine-tune it, but some Democratic lawmakers insist they can get it done before June.

Nationwide, polls show that about 74 percent of Americans, including a majority of Republicans, think doctors should be able to prescribe marijuana. About 50 percent of Americans support legalizing marijuana for recreational use as well, according to a Gallup poll published last October.

The Obama administration, however, has conducted raids on more than 200 medical marijuana dispensaries in the 16 states that have permitted use of the drug — a rate that tops even the Bush administration.

First published by Raw Story

http://www.rawstory.com/rs/2012/05/17/new-york-judge-reveals-medical-marijuana-use-and-pleads-for-legalization/

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Stephen C. Webster is the senior editor of Raw Story, and is based out of Austin, Texas. He previously worked as the associate editor of The Lone Star Iconoclast in Crawford, Texas, where he covered state politics and the peace movement’s resurgence at the start of the Iraq war. Webster has also contributed to publications such as True/Slant, Austin Monthly, The Dallas Business Journal, The Dallas Morning News, Fort Worth Weekly, The News Connection and others. Follow him on Twitter at @StephenCWebster.





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Michael Dee May 20, 2012 10:36 am (Pacific time)

Mexico has a problem caused by the demand for marijuana and other illegal drugs. Over 50,000 persons have been killed by the drug cartels. The American judiciary is responsible for this. Judicial review of criminal laws by rational basis is deprivation of rights under the color of law. The following marijuana question, that a every defendant should ask in court, has been placed on the docket of the Supreme Court of the United States (SCOTUS) on a petition for Writ Of Certiorari. “Whether the proscription of marijuana is unreasonable and unnecessary police regulation of Petitioner Dee’s fundamental rights to privacy, to liberty and to property and contravenes the Fourth, Fifth, and Fourteenth Amendments of the Constitution of the United States?” http://www.s234950599.onlinehome.us/8.html Docketed as No. 11-1354, the State of Maine has declared to the court it will not file a brief in opposition to my petition to SCOTUS. Rule 15. http://www.supremecourt.gov/ SCOTUS’ decision to review and answer this question could be decided by the end of June. Michael J Dee www.ursm.us Windham , Maine 207-893-0287 Judge’s Plea Should be for Liberty, Property and Privacy New York Supreme Court justice Gustin L. Reichbach is going to the legislature for medical marijuana. He claims it is a fundamental human and medical right to use marijuana. The courts have declared marijuana is not a fundamental right. Judicial review of these criminal laws has been rational basis, a political question. It appears this justice does not recognize liberty, property and privacy are basic fundamental human rights. He does not recognize being arrested is deprivation of liberty. Seizing marijuana is deprivation of property. A search warrant is an invasion of privacy. He claims marijuana does not have “deleterious side affects [but] remains classified as a narcotic with no medicinal use.” If he researched the federal law, he would see what determines medicinal use is safety of use. He would then realize marijuana is arbitrarily classified as a controlled substance and violates due process of law. The justice said, “Criminalizing an effective medical technique affects the fair administration of justice” He has failed to recognize criminal laws are to be reasonable and necessary to protect the rights of other. To be a crime there has to be a victim. Until he or any defendant raises this claim in court, Hon. Gustin L. Reichbach has the authority to declare to the legislature the proscription of marijuana to be unreasonable and unnecessary police regulation of his fundamental rights to privacy, to liberty and to property and contravenes the Fourth, Fifth, and Fourteenth Amendments of the Constitution of the United States. But is there really three branches of government establish by the social contract, the Constitution of the United States in the war on drugs? Guess not. Michael J Dee www.ursm.us Windham , Maine 207-893-0287


Michael Dee May 20, 2012 10:21 am (Pacific time)

Judge’s Plea Should be for Liberty, Property and Privacy New York Supreme Court justice Gustin L. Reichbach is going to the legislature for medical marijuana. He claims it is a fundamental human and medical right to use marijuana. The courts have declared marijuana is not a fundamental right. Judicial review of these criminal laws has been rational basis, a political question. It appears this justice does not recognize liberty, property and privacy are basic fundamental human rights. He does not recognize being arrested is deprivation of liberty. Seizing marijuana is deprivation of property. A search warrant is an invasion of privacy. He claims marijuana does not have “deleterious side affects [but] remains classified as a narcotic with no medicinal use.” If he researched the federal law, he would see what determines medicinal use is safety of use. He would then realize marijuana is arbitrarily classified as a controlled substance and violates due process of law. The justice said, “Criminalizing an effective medical technique affects the fair administration of justice” He has failed to recognize criminal laws are to be reasonable and necessary to protect the rights of other. To be a crime there has to be a victim. Until he or any defendant raises this claim in court, Hon. Gustin L. Reichbach has the authority to declare to the legislature the proscription of marijuana to be unreasonable and unnecessary police regulation of his fundamental rights to privacy, to liberty and to property and contravenes the Fourth, Fifth, and Fourteenth Amendments of the Constitution of the United States. But is there really three branches of government establish by the social contract, the Constitution of the United States in the war on drugs? Guess not. Michael J Dee www.ursm.us Windham , Maine 207-893-0287

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