Friday, February 27, 2009

Medical Marijuana & States' Rights - Reversal of Policy

Recall Gonzales v. Raich, 545 U.S. 1 (2005), in which the United States Supreme Court (6-3) construed the Commerce Clause to empower Congress to criminalize marijuana use regardless of state laws approving medical marijuana use.
The case involved California's law, a voter referendum, Proposition 215, passed in 1996.  At present, thirteen states have laws authorizing the use of medical marijuana, according to Norml:

Med_mj_map_poster


John Ashcroft, as the AG before Gonzales, had a fairly aggressive prosecution policy toward medical marijuana.

Now, Eric Holder, Obama's AG, has announced that medical marijuana prosecution is no longer a priority.  Huffington Post has video of the news conference here.   The statement occurs without much fanfare.

RR

http://lawprofessors.typepad.com/conlaw/2009/02/medical-marijua.html

Commerce Clause, Executive Authority, Fundamental Rights, News | Permalink

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