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Thursday, March 15, 2007 

U.S. Appeals Court Upholds Ban On Medical Marijuana

The 9th U.S. Circuit Court of Appeals found there is no fundamental right to marijuana for medical purposes.

As a result, a California woman with an inoperable brain tumor may not smoke prescribed marijuana to ease her pain even though California voters have approved its medicinal use.

Under federal law (The Controlled Substances Act, 1970) marijuana use for any purpose is illegal. The federal law has not stopped a number of states from enacting medical marijuana legislation. California was one of the first. In 1996 California voters passed Proposition 215, The Compassionate Use Act, legalizing marijuana for medical use. Proposition 215 permits seriously ill Californians to use marijuana, provided they first obtain a doctor's recommendation. Proposition 215 also gives doctors a legal defense against professional or legal sanctions for recommending marijuana use.

Proposition 215 put California law in direct conflict with federal law.

-Medical marijuana in California

Meanwhile...Richardson in New Mexico just signed into law a bill making it legal.

The Balkanization of America marches on.

The US Constitution reserves for the states all powers not specifically granted to the federal government. As such, the state law should take precedence. However, the activist conservative judges appointed to the Supreme Court are unlikely to follow the Constitution.

There's no fundamental right to aspirin for medical purposes, but we still take it.

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