The Supreme Court of the United States nixed state regulation of medical marijuana earlier this week when they handed down a 6-3 decision on Gonzalez V. Raich. The decision knocked down laws in 10 states that said terminally ill patients could use doctor-prescribed marijuana to help those patients relieve pain and suffering associated with their illnesses.
The challenge came from California. California’s Compassionate Use Act allowed patients, like Angel Raich and Diane Monson, to grow small amounts of marijuana based on a doctor’s prescription.
The law allowed for patients to grow their own weed or in some cases has someone else do it for them in special circumstances. In those special circumstances, the pot is not sold, it is given to the patient.
In many cases, the patients can barely survive without the aid of marijuana. They claim, quite simply, this drug allows them to function and without they would probably die.
Justice John Paul Stevens wrote the majority and while he supported the federal government’s jurisdiction in the matter, he suggested the problem could be addressed by other routes, namely through congress and by going through the executive branch.
He said the Controlled Substances Act (CSA)was well within the rights of the federal government in this case, California couldn’t override the federal jurisdiction. He said it was a valid use of federal power, even though there was compelling evidence marijuana did have medicinal uses.
Right now, under the CSA, marijuana is listed under schedule 1. Schedule 1 is composed of drugs that have no redeeming medical value and therefore serve no purpose. Marijuana would need to be shifted to schedule 2 for the drug to be prescribed. If this were the case, then pretty much any doctor in any state could begin using the plant for medicinal purposes.
As it stands now, probably the best route will be to get legislation in congress to allow it but who knows how long that could possibly take and the argument could be made that neither Ms. Raich nor Ms. Monson are willing to wait.
John Stith is a staff writer for murdok covering technology and business.
