Court: The dying can be charged for using marijuana

[jackofallgeeks]

Wait. What?

The Supreme Court ruled against Raich two years ago, saying that medical marijuana users and their suppliers could be prosecuted for breaching federal drug laws even if they lived in a state such as California where medical pot is legal.

Article Here

Comments

[higheststar.livejournal.com]

It violates the commerce clause of the constitution. If ya really want the explanation let me know.

[dikaiosunh.livejournal.com]

I think higheststar covered it pretty well. I just wanted to add that saying that medical marijuana in CA is "legal" is a bit misleading. The ability to regulate interstate commerce is one of the clearly enumerated powers of the federal government in the Constitution, so if it's true that federal drug laws are examples of such legislation, then they're squarely within the federal powers, even on a very narrow reading. So, CA wouldn't have the power to make marijuana legal, any more than CA has the power to declare war.

Now, maybe you think that using interstate commerce for drug laws is stupid... that's a whole different argument.