Wednesday, December 17, 2003

More on marijuana and interstate commerce

In Raich v. Ashcroft, the Ninth Circuit bought the argument that the federal marijuana laws are not within the authority of Congress to regulate interstate commerce - as applied to medical marijuana, rather than I guess just plain party marijuana. The decision notes that in 5 prior decisions, the Ninth Circuit had rejected Commerce Clause challenges to the Controlled Substances Act, but somehow felt they were distinguishable.

This is a bogus distinction that I doubt will pass muster if and when the Supreme Court is heard on this issue.

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