cannabisnews.com: Marijuana Legalization a Burning Issue





Marijuana Legalization a Burning Issue
Posted by CN Staff on December 03, 2004 at 17:42:52 PT
By Lindsey Parietti
Source: Daily Free Press 
Boston University Law Professor Randy Barnett defended the medicinal use of marijuana by two California residents in the U.S. Supreme Court case Ashcroft v. Raich Monday.Barnett represented California residents Angel Raich and Diane Monson, who approached him in 2002 after six of Monson's marijuana plants were confiscated and destroyed.
Barnett said he moved from criminal law to academia to have a greater impact on the legal system. He said he planned to focus his career on teaching and writing about justice. Although he has never practiced law while teaching at BU, Barnett said he was compelled to defend the rights of using medicinal marijuana for severe illnesses. "It is my hope that a favorable ruling will allow these women to continue to alleviate their suffering without fear of being prosecuted," Barnett said. The 9th U.S. Circuit Court of Appeals ruling granted Raich and Monson a preliminary injunction about a year ago, protecting them from prosecution during the case. If the Supreme Court supports the injunction against Attorney General John Ashcroft's appeal, the case will go to trial before the Supreme Court. LAW Dean ad interim Maureen O'Rourke said the case raises questions outside the legalization of marijuana."The case is an extremely important one not because it deals with marijuana, but because it raises important constitutional questions on the scope of the Commerce Clause and Congress's ability to regulate solely intra-state activity," she said. Ashcroft's case hopes to justify Congress's right to regulate medicinal marijuana as economic activity under the Commerce Clause and the Federal Drug Act. If the 9th U.S. Circuit Court ruling is overturned, Congress will have the right to overrule the laws of states, such as California, which have legalized medicinal marijuana.Barnett has found his academic background helpful in his formulation for the defense of state and constitutional rights."The theoretical knowledge I have has been absolutely crucial to my development of ideas in the case," he said. "And I know that the court experience will be invaluable to my teaching career when this ends."Barnett said he tried to prove Raich and Barnett need medicinal marijuana to survive. The defense argued Raich and Monson's marijuana use does not constitute economic activity since it is not bought or sold, and it does not enter the market or cross state lines. "Patients and providers should have protection from being prosecuted by law," Barnett said. As the defendants wait for a Supreme Court ruling, Barnett said he is looking forward to taking a break from balancing brief writing, court sessions and teaching obligations. He said he is eager to resume his writing and constitutional law and contracts courses."The entire LAW school was extremely excited about Professor Barnett's participation in the case," O'Rourke said. "It is not every day that one argues before the Supreme Court." Source: Daily Free Press (MA)Author: Lindsey Parietti Published: December 03, 2004Copyright: 2004 Back Bay Publishing, Inc.Contact: letters dfpress.comWebsite: http://www.dailyfreepress.com/Related Articles & Web Site:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmWill Justices Favor Compassion or Contradiction?http://cannabisnews.com/news/thread19965.shtmlMedicinal Pot Use Not Government's Concernhttp://cannabisnews.com/news/thread19961.shtmlOur Right To Be Free from Painhttp://cannabisnews.com/news/thread19954.shtml 
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