Supreme Court Divided on Medical Marijuana and States' Rights

The US Supreme Court heard arguments Monday on whether federal drug law can block state programs that allow marijuana for medical use. The case was brought by two gravely ill California women, Angel Raich and Diane Monson, who sought protection from federal prosecution after Drug Enforcement Administration agents seized marijuana plants from Monson's home in 2002.

Medical marijuana was legal in 10 states at the time of the hearing, including California, which has permitted it since 1996. The others were Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont, and Washington. Those programs allow the drug for patients with AIDS, cancer, sclerosis, and other serious illnesses.

Justice Sandra Day O'Connor, regarded as a moderate voice on the court, signaled sympathy for the states' position, questioning whether homegrown marijuana consumed locally even falls within federal commerce authority. Conservative Justice Antonin Scalia aligned with government attorney Paul Clement, who argued that California does not track the origin of marijuana used within its borders, making restriction impractical.

Randy Barnett, the attorney for the two women, told the court his clients used the drug solely out of medical necessity. The Bush administration opposed state medical marijuana programs across the board. A ruling was expected by late June.

Historical summary. TurkishPress restated this AFP wire report, first published in November 2004, in its own words.