Monday, June 28, 2004

Supremes to consider precedent setting cannabis case

We've spoken about this before, here and here.

The Justice department's Raich v. Ashcroft appeal came before the justices of the US Supreme Court in their last regularly scheduled conference of the term and they are expected to decide whether to review the case today. If they decline, the entirely sensible 9th Circuit ruling will stand and possession of home grown medical marijuana will no longer be able to be prosecuted under the Interstate Commerce Act.

One hopes the Supremes will take up the case and issue a decision that establishes once and for all that the feds cannot use the Act to persecute chronically ill people. However if they do not have the "gravitas" to stand up to Ashcroft and his thugs then we hope they at least decline to take the matter up and let the 9th Circuit's decision stand.

Update: It's a go. The Supreme Court has announced it will take up the matter in its next term. Arguments are expected to be heard sometime next winter. We hope however that the lower courts will continue to rely on the 9th Circuit's precedent setting decision in all cases heard in the interim.

[Thanks to Steven Couch for the update]


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