In the November 1996 election California voters passed Proposition 215 which legalizes the use of marijuana for medical purposes.
The Clinton administration reacted by threatening to take away the prescription writing privileges of any doctor who recommended marijuana.
Gov. Pete Wilson and State Attorney General Dan Lundgren supported the President's stand. Indeed their open opposition to 215, even after it passed, and their referral to " federal statutes" put pressure on the Clinton administration to take such a stand.
The American Medical Association and the California Medical Association protested on the basis of doctor patient confidentiality, right to privacy and First Amendment freedom of speech, as well they should. How could Pete Wilson support these principles in the case of abortion (where arguably a life is taken), but oppose them in the case of prescribing a drug which could save a life?
The Medical Associations' protest however, begs an even more important question: what about the Ninth and Tenth Amendments?
The Ninth Amendment states, " The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."
The Tenth Amendment states, " The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Where does the U.S. government get the right to tell us what we can and cannot do with our bodies? Was it the 93rd Amendment, or the 151st? Don't look now, but this isn't Prego -- it ain't in there guys.
If the federal government does not have the right, then (per the Ninth and Tenth Amendments), that right resides with the state and/or the people. Fifty six percent of the people of the State of California voted to enact the right to medical marijuana into law.
If the Governer and Attorney General of California cannot, in good conscience, live with this law and defend it against unconstitutional attack by the federal government, they should resign their office(s). Given their oaths to support and defend the Constitution, the people and the State of California deserve no less.