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Drug Wars
Posted by CN Staff on June 29, 2004 at 07:38:38 PT
Editorial
Source: Las Vegas Review-Journal 
As the U.S. Supreme Court ends its 2002-03 term with important decisions involving the extent of government power, it has begun formulating next fall's docket. On Monday, the justices announced they will hear one case with particularly interesting ramifications for individual freedom in states -- including Nevada -- that have legalized medical marijuana. Three years ago, the court ruled that California medical marijuana clubs could not use "medical necessity" as a defense to prosecution for distributing the drug in conflict with federal laws.
But the ruling was narrow -- and Justice Clarence Thomas, who penned the majority decision, admitted the decision left several questions unanswered, including whether the federal government could interfere with the right of states to make their own marijuana laws. Now the court, in a California case, has agreed to take on that issue. Despite the fact that voters in almost a dozen states have approved the legalization of medical marijuana, the federal drug warriors continue to spit on such exercises of democracy. Two years ago, two California residents -- who as required under state law had obtained the proper prescription to legally use marijuana for medicinal purposes -- sued Attorney General John Aschcroft arguing that continued harassment by federal agents of those supplying the drug threatened to dry up their supply. The 9th U.S. Circuit Court of Appeals followed with an injunction against the Justice Department enjoining it from prosecuting the women or their suppliers. The appeals court ruled that the federal Controlled Substances Act does not apply to patients whose doctors recommend the drug as long as the marijuana is not sold or transported across state lines. This case will be argued before the high court next fall and provides the justices with an opportunity to reinforce the notion that in a representative democracy citizens have a right to go the polls and change laws with which they disagree. Let's hope they take it.Source: Las Vegas Review-Journal (NV)Published: Tuesday, June 29, 2004Copyright: 2004 Las Vegas Review-JournalContact: letters reviewjournal.comWebsite: http://www.reviewjournal.com/Related Articles & Web Sites:Raich vs. Ashcroft http://www.angeljustice.org/Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmAnalysis: Medical Marijuana Debate Renewshttp://cannabisnews.com/news/thread19090.shtmlSupreme Court Will Hear Medical Marijuana Case http://cannabisnews.com/news/thread19089.shtml
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