cannabisnews.com: Marijuana Case To Be Decided in Supreme Court





Marijuana Case To Be Decided in Supreme Court
Posted by CN Staff on June 28, 2004 at 14:18:53 PT
By Roch Hammond, CNSNews.com Correspondent
Source: CNSNews.com
On Monday the U.S. Supreme Court agreed to hear a case brought by two seriously ill California women whose doctors recommended medicinal marijuana to alleviate their physical suffering. The Supreme Court said it would review a ruling that the Controlled Substances Act of 1970 cannot be applied legally to the manufacture, possession and distribution without charge of marijuana for medical use. This case will also decide if the prohibition of cannabis should apply to medical use, and whether or not federal law should trump state law.
A previous ruling by the U.S. appeals court in San Francisco, Calif., found that the use of marijuana for its medical benefits is different than drug trafficking. Further, they believed that it is likely that the federal law, as applied to the two women, is an unconstitutional use of congressional power to regulate commerce among the states. "The cultivation, possession and use of marijuana for medicinal purposes and not for exchange or distribution is not properly characterized as commercial or economic activity," the appeals court said. Angel Raich, who has an inoperable brain tumor and other medical problems, and Diane Monson, who has been stricken with severe back pain, are the co-plaintiffs in the lawsuit.Monson cultivates her own marijuana, while two of Raich's caregivers grow the marijuana and provide it to her at no cost. In 2002, Drug Enforcement Administration agents raided Monson's home and destroyed six cannabis plants. Their lawsuit against Attorney General John Ashcroft and the head of the Drug Enforcement Administration sought a court order barring the government from enforcing the federal drug law. The appeals court overruled a prior ruling by a federal judge who denied their request.Solicitor General Ted Olson feels that the ruling "substantially undermines" the ability of the government to enforce the federal drug law. This will be yet another important case that will be heard by the high court pertaining to the principle of federalism. California and at least seven other states -- Alaska, Colorado, Hawaii, Maine, Nevada, Oregon and Washington -- have laws allowing medical use of marijuana, Olson said. He said, on behalf of the Bush administration, that federal law should take precedence over state law in the case. The court will hear arguments and then rule in the case during their term that begins in October. The Supreme Court last ruled on the issue in 2001 when it ruled that California cannabis clubs may not distribute marijuana as a "medical necessity" for gravely ill patients.Complete Title: Medical Marijuana Case To Be Decided in Supreme CourtSource: CNSNews.com (US)Author: Roch Hammond, CNSNews.com CorrespondentPublished: June 28, 2004Copyright: 2004 Cybercast News ServiceContact: letters cnsnews.comWebsite: http://www.cnsnews.com/ Related Articles & Web Sites:Raich vs. Ashcroft http://www.angeljustice.org/Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htm Supreme Court To Hear Medical Pot Case http://cannabisnews.com/news/thread19083.shtmlMarijuana Dispute Gets Supreme Court Hearinghttp://cannabisnews.com/news/thread19082.shtmlSupreme Court To Decide Medical Marijuana Casehttp://cannabisnews.com/news/thread19080.shtml
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