cannabisnews.com: Court To Weigh Drug Law 





Court To Weigh Drug Law 
Posted by CN Staff on November 28, 2004 at 09:29:32 PT
Editorial 
Source: Columbia Daily Tribune
Washington -- The marijuana she smokes every two waking hours makes life bearable for Angel Raich. It eases the pain from an inoperable brain tumor, scoliosis and several other permanent disabilities. It’s the only thing her doctors will prescribe because she has severe allergies that cause violent reactions to traditional medicine.In Oakland, Calif., where Raich lives, that’s no problem. A 1996 state law permits patients to grow and smoke marijuana on doctors’ recommendations.
But tomorrow, the U.S. Supreme Court will hear arguments in a case that’s likely to settle a conflict between that California law and a 1970 federal ban on illegal drugs.The Department of Justice says federal authority is supreme in this matter, and the Drug Enforcement Administration already has raided one California patient’s house and destroyed her cannabis plants. If the court favors the government’s view, more raids would follow in the 11 mostly Western states that have legalized medical marijuana.Anti-drug groups support the federal government, saying approving medical marijuana could boost support for the recreational use of drugs.Raich and her supporters say medical marijuana is a matter for the states to decide and for doctors to decide for their patients."Without cannabis, my life would be a death sentence," Raich, 39, says on a Web site about her struggle. "Cannabis was responsible for getting me out of my wheelchair and restoring mobility on the whole right side of my body. For years, I felt as if I were suffering in hell. I will not go back to hell for anyone or anything."The case is one of the most watched on the Supreme Court’s docket this term, one that involves the justices in a high-profile social issue and tests court conservatives’ commitment to a line of decisions that restrain federal intrusion into state matters.It began in California in 2002, when DEA officers raided the Oroville home of Diane Monson, who was growing marijuana in her garden to ease back pain. The raid at Monson’s home - and several others - was tied to a crackdown on medical marijuana inspired, in part, by the war on terrorism. President George W. Bush has said the illegal drug trade helps finance terrorists.Monson, 47, joined Raich in suing to prevent the government from enforcing federal drug laws against those who use marijuana for medical purposes.A federal district court sided with the government, but the Ninth U.S. Circuit Court of Appeals in San Francisco - generally considered one of the nation’s most liberal benches - struck an unusually conservative blow in saying this was a state issue in which the federal government shouldn’t have authority. Medical marijuana, the court said, "constitutes a separate and distinct class of activities" that’s "beyond Congress’ power."The court said the intrastate, noncommercial cultivation of marijuana for medical purposes wasn’t the same as growing it to sell for recreational use.The justice department then appealed to the Supreme Court.Eleven states, mainly in the far West, have enacted medical marijuana laws: Alaska, Arizona, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington.Advocates say the laws mark a growing respect for individual liberty, particularly in the West, and for states’ rights. They’re linked in spirit to laws such as Oregon’s assisted-suicide provision, which also could be reviewed by the high court next year.Under Chief Justice William Rehnquist, the high court generally has favored state authority over federal influence, establishing a long line of cases that have reduced Congress’ authority to regulate interstate commerce. Congress famously used its control over interstate commerce to buttress the civil rights movement of the 1960s, but court conservatives since that time have said the Constitution’s commerce clause doesn’t justify all expanded notions of federal authority.Civil libertarians say the medical marijuana case should be easy for the justices to decide, based on their past view of federal authority. The 1970 federal Controlled Substances Act is an overreach of Congress’ power, they say.The Supreme Court took a stab at curbing marijuana use in 2001 when it ruled against clubs that distributed medical marijuana, which the clubs had deemed a "medical necessity." The ruling forced Raich’s supplier to close but left unsettled whether federal authorities could block states from permitting marijuana to be used for medical reasons. Knight Ridder Newspapers Note: Department of Justice argues medical marijuana is illegal.Source: Columbia Daily Tribune (MO)Published: Sunday, November 28, 2004Copyright: 2004 Columbia Daily TribuneContact: editor tribmail.comWebsite: http://www.columbiatribune.com/Related Articles & Web Sites:Raich vs. Ashcroft http://www.angeljustice.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htm Women Make a New Case for Medical Marijuanahttp://cannabisnews.com/news/thread19893.shtmlMedical Marijuana and The Supremeshttp://cannabisnews.com/news/thread19892.shtmlMedical Marijuana Before Supreme Court http://cannabisnews.com/news/thread19891.shtml
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