CAN FEDERAL LAW BAN STATE-SANCTIONED USED OF MEDICAL MARIJUANA?
by Marci Hamilton 02 Dec 2004 FindLaw The Supreme Court Hears Oral Argument on a Possible California “Medical Marijuana” Exception to the Federal Controlled Substances Act On Monday, November 29, the Supreme Court heard oral argument in Ashcroft v. Raich. The case asks whether the federal Controlled Substance Act can constitutionally trump state law that permits the medical use of marijuana. Significantly, California state law expressly permits the medical use of marijuana. And the court below, the U.S. Court of Appeals for the Ninth Circuit, held that the plaintiffs were likely to succeed on the merits, because the issue was properly left to the states – not Congress. Why? Because the law regulates the intrastate medical use of marijuana, not interstate commerce. Click here to find out more! This case is, of course, about medical marijuana – and thus it has sparked debate about the drug’s importance, or lack thereof, in medical treatment, or in making illness bearable. Headlines, unsu
