Medical Marijuana ruling

[Alex Moon]

SAN FRANCISCO – A federal appeals court ruled Tuesday that a congressional act outlawing marijuana may not apply to sick people with a doctor's recommendation in states that have approved medical marijuana laws.

The 9th U.S. Circuit Court of Appeals ruled 2-1 that prosecuting these medical marijuana users under a 1970 federal law is unconstitutional if the marijuana isn't sold, transported across state lines or used for non-medicinal purposes.

http://www.signonsandiego.com/news/stat ... juana.html

[Howedar]

So the 9th CCOA is good for something.

[Tsyroc]

I'm still not sold on the need for medical marijuana since the active ingrediant can be found in prescription drugs like Marinol but I still like it that the court's ruling suggests a way that it could be legal despite what the Federal goverment wants to say.

It also opens up more potential challenges on how much the Federal government has over reached their intended jurisdiction by tying almost everything into interstate commerce. I wouldn't mind seeing some of that whittled down a bit. Not that I suspect that state governments will do a better job but at least we'll be getting screwed by local officials instead of those in DC.

[RedImperator]

This is the second time in the last few months that the 9th circuit has ruled to restrict Federal power. Interesting trend.

And while for once I don't feel like writing a long dissertation on the absurity of marijuana prohibition, I'd sure love to hear the justification for banning medical marijuana while dangerous narcotics like oxycontin and vicodin are legal painkillers.