another case to look forward to

[novapsyche]

This won't be decided until 2005.

Justices to Hear Medical Marijuana Case

The marijuana case came to the Supreme Court after the San Francisco-based 9th U.S. Circuit Court of Appeals ruled in December that a federal law outlawing marijuana does not apply to California patients whose doctors have prescribed the drug.

In its 2-1 decision, the appeals court said prosecuting medical marijuana users under the federal Controlled Substances Act is unconstitutional if the marijuana is not sold, transported across state lines or used for non-medicinal purposes.

Judge Harry Pregerson wrote for the appeals court majority that smoking pot on the advice of a doctor is "different in kind from drug trafficking." The court added that "this limited use is clearly distinct from the broader illicit drug market."

In its appeal to the justices, the government argued that state laws making exceptions for "medical marijuana" are trumped by federal drug laws.

Congress passed the Controlled Substances Act to control "all manufacturing, possession and distribution of any" drug it lists, Bush administration Supreme Court lawyer Theodore Olson wrote.

Comments

[ytterbius.livejournal.com]

Sweeeeet! :)