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Indybay Feature

Supreme Court Rules Against Medical Marijuana Use

by Democracy Now (reposted)
The Supreme Court ruled Monday that the federal government can prosecute the sick for the medical use of marijuana, even in states where it is legal. In a 6-3 ruling, the court agreed with the Bush administration that the regulation of controlled substances, including marijuana, is the province of Congress without exception. Justice John Paul Stevens wrote for the majority "If there is any conflict between federal and state law, federal law shall prevail."

The ruling does not strike down laws in 11 states that allow medicinal use of marijuana. The court was not asked to declare such statutes illegal. But the decision does mean that those laws will not protect anyone using medical marijuana from federal prosecution should a U.S. attorney or the Justice Department decide to bring charges.

The latest ruling stems from a lawsuit brought in 2002 by two women -- Diana Monson and Angel Raich -- who have used marijuana to gain relief from excruciating pain under recommendation from their doctors. After DEA agents raided Monson"s home, they sued the government to stop further raids.

Monday's Supreme Court ruling reverses a decision of a San Francisco appeals court. Raich spoke to reporters shortly after the decision was announced.

* Angel Raich

Shortly after the Supreme Court ruling yesterday, we spoke with medical marijuana rights activist, Ed Rosenthal. He is a leading authority on cannabis and has served as an expert witness on marijuana cultivation in federal and state trials. He was arrested by federal agents in 2002 has since been convicted on three marijuana cultivation felonies. I began by asking him about his arrest.

* Ed Rosenthal

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http://www.democracynow.org/article.pl?sid=05/06/07/1334233
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