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'No' on medical marijuana use

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Two California women have no right to use locally grown marijuana for medical purposes when federal drug statutes outlaw its use under any circumstances.

In an important decision announced Monday dealing with the balance of governmental powers, the US Supreme Court ruled that the federal government has the authority under the US Constitution to override a state law permitting the medical use of marijuana.

The 6-to-3 decision is a defeat for California and nine other states with similar medical marijuana laws. It is also a major setback for those medical patients who have come to rely on marijuana as part of their treatment.

In addition, it marks a retreat by the high court from its so-called federalism revival. "There was a counterrevolution in progress, how far will they go. The answer appears to be not very far," says Douglas Laycock, a constitutional law professor at the University of Texas Law School.

The case was being closely watched in part to see if the court's conservative wing would continue a constitutional trend begun with decisions in 1995 and 2000 limiting Congress's power to legislate under the Constitution's commerce clause. Those earlier decisions had announced that there are limits to the national government's ability to regulate areas that traditionally have been left to state and local jurisdictions.

The commerce clause is not a blank check for federal lawmakers, the court has suggested. But the justices have not spelled out exactly where those limits lie.

In this case, the majority justices ruled that the commerce clause does permit the federal government to regulate marijuana use and possession, even when those regulations conflict with state measures permitting the use and possession of marijuana.

Specifically at issue in the case was whether Angel Raich and Diane Monson would be permitted to rely on doctor-prescribed marijuana to deal with the pain of chronic illnesses. Ms. Raich was diagnosed with an inoperable brain tumor. Ms. Monson experiences what her doctors say is a degenerative spine disease.


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