BREAKING NEWS ~ Supreme Court sides with government on medical marijuana

[JURIST] In a 6-3 decision the US Supreme Court [official website] ruled Monday in Gonzales v. Raich that Congress has the power to criminalize the growth and use of marijuana for personal medical reasons with a doctor's recommendation. The case was an appeal by the Bush administration from a Ninth Circuit Court of Appeals decision [PDF] ruling that the federal Controlled Substances Act [text] exceeded Congress' power under the Commerce Clause [Wikipedia entry]. The majority relied on the broad endorsement of Commerce Clause power in Wickard v. Filburn [summary]. Justice O'Connor in dissent said that states should be able to define their own criminal laws. Read a backgrounder on the case from Duke Law.

 

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