So many of us seem to blindly believe "Federal law always trumps State laws"
It seems to repeatedly come up in medicinal cannabis debates where many feel they must surrender to the trappings of slavery by the Federal Government over their own desires to mold State laws with their freedoms of self determination that support the concept of personal responsibility . Our State Law says these records are private and not to be compromised to protect Citizens working under our legal medicinal cannabis framework that was created by those very familar with conflict in Federal Law along with the corruption and discrimination that would surround relegalization efforts for qualified patients at all levels of enforcement .
Even Hamilton who was a " Federalist " openly spoke against worries of Federal Supremacy stating the States differences "are essentially necessary to the form and spirit of the general system" . Patrick Henry who is credited for motivating the Revolutionary Wars call to arms stated "Is life so dear or peace so sweet as to be purchased by the chains of slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death." . After the war Patrick Henry would not support ratification of the Constitution out of fear , alone ,it would create Federal Supremacy and corruption in Government comprimising the ideals our founders fought for . In the immeadiate years after the war he no longer travelled to Philadelphia or many other political assembly's that supported ratification until in compromise with James Madison leading the debate on the floor of the House he helped craft our Bill of Rights protecting individual freedoms .
Jefferson had much to say about State rights and as one of the most scientific minds of his time used and grew Cannabis . Lincoln the first President of the modern Republican Party openly wrote about his hemp smoking and stated before the Illinois House of Representatives Dec. 19 1840 a "Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded."
The point of all this is we have created a Federal sponsored system denying individual rights based on fallacy that has created corruption , exploitation and misery beyond all original comprehension in excess of any actual possible injury that merely personal responsiblity should and could manage . One that now impedes individual State rights our founding fathers so sought to protect . The current system as well as all attempts at regulation is so corrupt and entertwined inside our Federarl Goverment and its subservient agencies the only balance of power to correct this wrong is the flexation of Individual and State Rights while watching many pay the price for years in this fight .The only sane course from anyone who studied Cannabis prohibition is to merley return it to nature yet due to living in prohibition for so long we can't seem to even visualize that as a point of arguement . Our guilt is so engaged from years of persecution we cannot visualize as reality the true solution of doing nothing but " freeing Cannabis " . Simply put raw cannabis is no different then raw willow bark chewed for pain relief often preferred by Citizens ,available in nature , and used over buying its pharmacuetical created asprin . If you don't like a natural substance don't use it . Should we fill in the Grand Canyon because someone comes to the edge every year and can't help but jump ?
If we continue down the current path the only end to the ever loosing battle of the drug war will be when everyone is either in jail or a jailor leaving enriched corrupt legal and illegal entities to move on to create the next banned substance . If we do not return the plant to nature there will always be a large portion of the population that has no access ..the ones that more then likely need it the most . .
Current Cannabis regulation and criminal penalties are ironic when some of our Countries founders ,and our last three Presidents were self documented marijuana users . It is ridiculous when we talk about qualified patients . Our Medical Marihuana Act was passed to protect all qualified patients who participate in good faith from fear of arrest or penalty with additional protections of a Admisistrative Defense . This was necessary because of the harm from over zelous insane penalties that have manifested in the past few decades and have been causing them unjust and unreasonable suffering and death . Qualified patients are protected from being known in our law and should not be used as examples in a heightened war that disregards the centuries of proven medicinal efficacy preserving the status quo ; with a complete disregard to individual and State rights all Citizens should seek to understand and protect as vital to the cry of freedom . There is absolutely no reason why a corrupt self serving Federal Agency needs the records of qualified patients that other evidence they can obtain by investigation wouldn't provide for . Our Medical Cannabis Act clearly states it's protections and they have already ceeded not enforcing Federal Law against complying patients . Either further investigate those they feel outside the Act based on surveillance or go fight real crime . They don't need to be harrassing and instilling fear in qualified compliant individuals or those desiring to be registered patients based on protected information inside the MDCH data base .