PDA

View Full Version : Medical marijuana issue goes back to Supreme Court



Rilex
12-23-2004, 12:27 AM
http://sfgate.com/cgi-bin/article.cgi?f=/news/a/2004/11/29/state1009EST0027.DTL

I read in the SF Chronicle today that a case regarding the legality of medical marijuana is going back to the Supreme Court to be argued.

Why is marijuana illegal again? What makes this substance so dangerous? It's because it is illegal. Instead of being sold at store's it's sold on the streets. The only harmful affects of marijuana come with substance abuse and illegalizing it. We can only cure one of them easily.

Little_Miss_1565
12-23-2004, 09:48 AM
It's legal for medicinal purposes in California and I believe a few other states. However, the federal government has the Controlled Substances Act, which classifies marijuana as a schedule 1 drug, meaning that it has no medical purpose and is totally illegal.

The US Constitution states that the federal government has the power to control interstate commerce, known as the Commerce Clause. This is the clause that most laws are grounded on--sometimes, it's a big stretch. The idea is that the government can outlaw marijuana and other drugs because they travel in interstate commerce. However, in Raich v. Ashcroft (the case before the Supreme Court), Angel Raich grew her own marijuana on her own property using only water and other materials from California (she is a cancer patient). She did not supply her medical marijuana cooperative with any of the cannabis she grew, nor did she pay the co-op for any services they may have rendered. I really don't see how in this case the government has any right to intervene, since there's nothing having to do with interstate commerce.