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High Court Medical Marijuana Ruling Next Week

By Jeralyn, Section Court Decisions
Posted on Fri Mar 25, 2005 at 11:29:40 AM EST
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I just received a media advisory that the Supreme Court's ruling in Raich v. Ashcroft on state's rights and medical marijuana is expected on Tuesday or Wednesday of next week. The San Francisco Chronicle provided this concise explanation of the case last November:

The question before the court is whether individual patients -- and, possibly, some of their suppliers -- are immune from federal enforcement. The argument goes like this: The Constitution authorizes Congress to regulate interstate commerce. But no interstate commerce is involved when patients, acting legally under state law, use marijuana that was grown within the state and supplied without charge.

The counterargument, by the government and its allies, is that all illicit drug use affects interstate commerce. Even freely supplied marijuana boosts the demand for the drug, reduces the overall supply and may affect the price, the government says; in addition, pot looks the same whether it's grown locally or shipped between states.

All of our coverage of the case is accessible here. As we explained here, the Court is reviewing a 9th Circuit Court of Appeals decision that held that a law outlawing marijuana may not apply to sick people with a doctor's recommendation in states that have approved medical marijuana laws.

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    High Court Medical Marijuana Ruling Next Week | 5 comments (5 topical)
    Re: High Court Medical Marijuana Ruling Next Week (none / 0) (#1)
    by karen on Fri Mar 25, 2005 at 12:10:23 PM EST
    I am not a lawyer, but the government's counter argument seems lame.

    Re: High Court Medical Marijuana Ruling Next Week (none / 0) (#2)
    by Pete Guither on Fri Mar 25, 2005 at 12:29:14 PM EST
    If anyone's interested in reading further about Raich, I have a guide here. I'm probably way too optimistic in my prediction, but I can't help myself. Regardless, I think this could be one of the most important decisions to come down in years. A complete ruling for the government means the essential end of any meaning to the commerce clause, and a huge impact on the future of federalism. A complete ruling for Raich revitalizes the medical marijuana movement and makes the CSA no longer omnipotent. With any luck, we may get a new clarity in commerce clause law, either following Barnett's approach of defining a state sub-class, or something like Alex Kreit's economic enterprise definition for noncommercial activity My fear is that the Supremes may try to weasel out on a technicality, and tell Raich to get relief from the FDA. Here's something for conjecture... With a major federalism case about to be decided, do you think Congress' insult to the Judiciary in the Schiavo case could have any impact in the thinking of the Justices?

    Re: High Court Medical Marijuana Ruling Next Week (none / 0) (#3)
    by roy on Fri Mar 25, 2005 at 12:38:49 PM EST
    The gun lobby (which includes me) is watching this, too. That cheesy interstate commerce argument is used to justify enforcing federal gun control laws even when everything is done within one state. The NRA might be whispering in a few ears that having a few potheads around is OK.

    Re: High Court Medical Marijuana Ruling Next Week (none / 0) (#4)
    by pigwiggle on Fri Mar 25, 2005 at 12:57:17 PM EST
    I have a large emotional investment in this; I don’t think I can stomach the further strengthening of the feds’ hand. “Here's something for conjecture... With a major federalism case about to be decided, do you think Congress' insult to the Judiciary in the Schiavo case could have any impact in the thinking of the Justices?” Now here is a truly interesting thought.

    Re: High Court Medical Marijuana Ruling Next Week (none / 0) (#5)
    by Talkleft Visitor on Fri Mar 25, 2005 at 11:06:06 PM EST
    Funny how NORML's annual conference starts on Thursday. The ruling could make or break the whole party! On a legal note: This court has backed away from Wickard v. Filburn somewhat with the Morrison case (violence against woman act) and Lopez (the Gun Free School Zone case). Perhaps if they think along the same lines...Raich can win. I have followed this case closely and read the oral argument...Scalia was mentioning Wickard...but it seems that Ginsberg and O'Connor were sypmathetic to patient's rights..and if Thomas and Scalia stay with state's rights...it could be interesting. The FDA argument, which was brought up in oral argument, may already be foreclosed by prior unsuccesful attempts by organizations like NORML to re-schedule cannabis (the famous Admin. Law Judge Francis Young opinion, finding pot rather harmless and likely in the wrong federal schedule - which was rejected by the Gov.t). Granted, the case was argued and briefed mainly on the commerce clause issue...still..I hope the Supremes do their research on this one. If they do Raich and Monson could win. I doubt the recent tactics by Congress will have any effect - remember- this is the same court that decided Blakely and gave Congress the middle finger with that one. Plus, I'm sure most of the minds are made up and the opinions have been drafted. And yes, Karen, the Gov.t's counter argument is quite lame. The Feds are still in denial that marijuana gives people the munchies (and hence could benefit wasting syndrome in AIDS patients) let alone any other medicinal potential. They could never really quite explain how all those people in the states with medical marij. were getting doctor's recommendations from licensed board certified physicians. (estimates are there are at least 100,000 patients in all). Then again, Rep. Bill Frist (R), a surgeon doesn't know whether or not you can get AIDS from using a toilet. WTF is up with that?

    High Court Medical Marijuana Ruling Next Week | 5 comments (5 topical)