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01-21-2010, 11:10 PM #4Senior Member
Another Set Back
Five justices also ruled that generally, judges must allow a jury to decide whether someone is a qualifying patient under the law.
On other words, a jury can tell a doctor he's full of shit??? If a person is in compliance, they should not be brought before the court. This simply nullifies the doctor's authorization and adds considerable burden on the patient to have to hire an attorney to defend what is true. Judicial activism at its worse. Hopefully, the initiative will nullify the courts out of bounds ruling. And, the bottom line, since he wasn't a qualifying patient, this is a poor precedent setting or test case.
Bottom line......How would they have decided if a fully authorized patient went through the same action???? Does this need to be run through the system too. I think not because again, it represents judicial activism against the will of the people. It also places an unnecessary burden upon a defendant to prove they are innocent.
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