cannabisnews.com: Justices Will Hear Argument on Medical Marijuana Justices Will Hear Argument on Medical Marijuana Posted by CN Staff on June 28, 2004 at 20:10:36 PT By Linda Greenhouse Source: New York Times Washington -- The Supreme Court agreed on Monday to decide whether Congress has the authority to prohibit the medical use of marijuana in states where the voters or the legislature have approved the drug's use under a doctor's care.The case, certain to be one of the most closely watched of the court's next term, is an appeal by the Bush administration of a preliminary ruling issued last December by the federal appeals court in San Francisco. That court, finding that the federal Controlled Substances Act was "likely unconstitutional" as applied to two California patients and their suppliers of marijuana, issued an injunction that barred federal enforcement while the case proceeded.The case was one of eight new appeals the justices granted as they began the last week of their 2003-2004 term. In addition to its implications for social policy, the case also raises important federalism questions. One question is whether the power of Congress to regulate interstate commerce extends to marijuana that is cultivated for noncommercial use within the borders of a single state, never traveling in interstate commerce.California, which adopted its "Compassionate Use Act" in 1996, is one of nine states that permit marijuana for medical use under some circumstances. The other eight are Alaska, Colorado, Hawaii, Maine, Nevada, Oregon, Vermont, and Washington. Similar efforts are under way in other states.Attorney General John Ashcroft has strongly opposed the state laws. The case the Supreme Court accepted began with a confrontation between sheriff's deputies in Butte County, Calif., and federal drug agents, who both showed up at the home of Diana Monson, a patient whose severe back spasms are not helped by prescription drugs but are alleviated by marijuana, which she uses under her doctor's care. The sheriff's deputies concluded that the marijuana she was growing was legal, but the federal agents seized and destroyed her plants after a three-hour standoff with the deputies.Ms. Monson and another patient who uses marijuana, Angel McClary Raich, sued the federal government in Federal District Court, seeking an order saying that the Controlled Substances Act could not legally be applied to their marijuana use. They lost in that court but won a preliminary injunction in the United States Court of Appeals for the Ninth Circuit, where a 2-to-1 majority found their marijuana cultivation and use to be noncommercial in character and outside the jurisdiction of Congress.Appealing to the Supreme Court in Ashcroft v. Raich, No. 03-1454, Mr. Ashcroft is arguing that the appeals court's ruling "seriously undermines Congress's comprehensive scheme for the regulation of dangerous drugs." The brief adds: "Marijuana is a commodity that is readily purchased and sold in a well-defined market of drug trafficking," regardless of whether a particular use takes place within one state's borders. Note: Not related portion of article snipped.Complete Title: Justices Will Hear Argument on Medical Marijuana LawsSource: New York Times (NY)Author: Linda GreenhousePublished: June 29, 2004Copyright: 2004 The New York TimesContact: letters nytimes.com Website: http://www.nytimes.com/Related Articles & Web Site:Raich vs. Ashcroft http://www.angeljustice.org/Supreme Court To Hear Challenge To Pot Ban http://cannabisnews.com/news/thread19085.shtmlSupreme Court To Hear Medical Pot Case http://cannabisnews.com/news/thread19083.shtmlMarijuana Dispute Gets Supreme Court Hearinghttp://cannabisnews.com/news/thread19082.shtml Home Comment Email Register Recent Comments Help Comment #8 posted by E_Johnson on June 29, 2004 at 07:30:16 PT We made the A list! "certain to be one of the most closely watched of the court's next term"The level of interest in this case gives me hope. [ Post Comment ] Comment #7 posted by John Markes on June 29, 2004 at 06:46:16 PT Feds screwed up... The feds argument is easily set aside. The CSA, the federal drug laws are not written to control the use of drugs and dangerous drugs. As the preface to the CSA states, it is for the purpose o preventing recreational drug use. Angel and Diane are clearly using it for medical purposes. Someone pass this on to Angel and tell her I said hello... [ Post Comment ] Comment #6 posted by FoM on June 28, 2004 at 21:53:49 PT RasAric Let's say close enough! I try not to type what I think sometimes. I don't want to scare anyone! LOL! [ Post Comment ] Comment #5 posted by RasAric on June 28, 2004 at 21:48:23 PT FoM Is that what you were vaguely eluding to in your previous post? [ Post Comment ] Comment #4 posted by FoM on June 28, 2004 at 21:03:07 PT RasAric Just remember you said it! I didn't! LOL! [ Post Comment ] Comment #3 posted by RasAric on June 28, 2004 at 20:52:29 PT FoM Perhaps the FDA feels that they owe the leaches...Kinda like how children often times feel a debt of gratitude to their parents...lol [ Post Comment ] Comment #2 posted by FoM on June 28, 2004 at 20:47:29 PT RasAric Blood sucking leaches. I thought of something not nice when I read how well they understand blood sucking leaches but not cannabis! Shame on me. LOL! [ Post Comment ] Comment #1 posted by RasAric on June 28, 2004 at 20:40:02 PT Off Topic FDA approves use of blood sucking leaches for medicinal purposes...So leaches, according to the FDA, have more medicinal value than cannabis?Hmmm...FoM....I think I'm about to puke. [ Post Comment ] Post Comment