This blurs the line between herbs and traditional drugs, further weakening the case for making a legislative distinction between the two kinds of remedies.
In that case, Scalia made the hairsplitting distinction between technology that picks up information that is out in public view and technology that reveals information that otherwise could only be obtained with eavesdropping equipment inside the house.
It is often argued that the distinction between curing and killing is blurred in any case: doctors frequently prescribe increasing doses of opiates which, as well as relieving pain, will advance the death of a patient.