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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Thursday, December 18, 2003

Medicinal Marijuana: Following up its ruling allowing physicians to discuss the issue with their patients, the Ninth Circuit of Appeals ruled that the federal drug statute does not apply to prescribed medicinal marijuana, if it is grown intrastate and is given free of charge. It is one of a growing number of cases where the Court is interpreting the Supreme Court's federalism/Commerce Clause cases (e.g. a federal law barring gun possession near schools is not a valid exercise of congressional interstate commerce power) rather broadly. For instance, recently it barred federal prosecution for possession of child pornography (mother having pictures of her child) and machine gun parts. It suggests the potentially libertarian benefits to such principles.