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US Supreme Court hears medical marijuana case |
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Written by Chris Conrad
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Monday, 11 April 2005 |
With Chief Justice Rehnquist unable to attend due to cancer,
eight US Supreme Court Justices heard oral arguments Nov. 29 in
Ashcroft v. Raich. The ruling will affect thousands of patients but it
will not change state laws protecting medical marijuana. It will give
the current Court’s thinking as to whether the Constitution enables the
DEA to use federal authority over interstate commerce to arrest and
prosecute sick and dying patients who use cannabis in states where
medical use is legal.
Because federal law is a separate jurisdiction, a
state medical defense has not been allowed in federal court, but that
is being challenged.
 David Michael, Diane Monson, Randy Barnett, Angel Raich and Rob Raich
However, attendees at the Court hearing were
discouraged by the easy questions tossed to prosecutors and the general
lack of compassion the tribunal showed toward patients.
Several judges gave the distinct impression that
their vested interest in maintaining the Drug War trumps Constitutional
protections of personal liberty,
Several judges gave the distinct impression that
their vested interest in maintaining the Drug War trumps Constitutional
protections of personal liberty, 
much as the 1857 Dred Scot decision
once held that maintaining slavery trumped the civil rights of African
Americans. The judges already made their decision in Raich at a
conference held shortly after the hearing, but the final ruling has not
been announced as of press time.
Americans for Safe Access is asking supporters of
medical rights to organize or attend a protest outside of your US
representative's local district office precisely two days after the
decision is announced, to show support for safe access.
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Chris Conrad |
| About the author: |
| Staunch supporter of Oaksterdam News
Chris Conrad has studied cannabis (marijuana) since 1988. He has written two books on the topic and contributed to others. Familiar with numerous books and at least 100 scientific studies, such as federal Drug Enforcement Administration (DEA) and National Institute on Drug Abuse data. Reported on cannabis dispensaries for California legislators. Consults with government agencies. Testified at National Academy of Science, Institute of Medicine hearings. Regularly consults with physicians including some of the world’s foremost authorities on cannabis and patients as to their knowledge and experiences regarding cannabis.
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Last Updated ( Friday, 11 August 2006 )
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