Medical Marijuana

Jordan Grant & David Weinman

Wickard V. Filburn

Filburn was a farmer who grew excess wheat for private consumption but was taken to court for violation of the agriculture clause.

This case was important because it ended any attempts to check the power of the Congress in regards to stepping on state’s rights.

Gonzales v. Raich

Under the Commerce Clause of the United States Constitution, which allows Congress "To regulate Commerce... among the several States," Congress may ban the use of cannabis (marijuana) even where states approve its use for medicinal purposes.

Similarities In both cases Congress

claimed that they had the power to regulate local activities, although they may involve interstate activity, because of the substantial effect they may have on interstate commerce.

In Raich, the court held that, as with the home grown wheat issue in Filburn, home grown marijuana is a legitimate subject of federal regulation because it competes with marijuana that moves in interstate commerce.

Differences One case was about growing cannabis the

other was about growing wheat. Wickard V. Filburn involved growing something

for both interstate commerce and private consumption; Gonzales V. Reich was purely a debate over private consumption.

Congress Ruling in the Case for Medical Marijuana

Producing your own marijuana curtails the legal transportation of medical marijuana that occurs between the states.

The majority ruled that because it affects interstate commerce, Congress has the right to regulate the usage under the Constitution.

Sandra Day O'Connor

Pro State’s Rights to regulate medical marijuana

Concerned for the lives and liberties of Californians.

GONZALES V. RAICH CASE: has nothing to do with interstate commerce thus Congress does not have jurisdiction in this matter.

California’s Compassionate use act supports this ruling.

First female Supreme Court Justice.

Controlled Substances Act of 1970

1. The Governments guidelines for drug usage in the United States.

2. Hinders State’s powers by providing federal regulations that the State’s are required to follow.

3. Gives the DEA power to investigate and arrest medical marijuana users in the United States.

One does not know how intensely the central government will regulate state’s rights if they are already prohibiting sick individuals from using medicine.

Growing their own marijuana does not have a legitimate effect on interstate commerce, and the congress is merely pushing for the Bush administration’s

anti-drug initiatives.

REASONING

These examples do not differ from producing homegrown marijuana and therefore, cannibis for health

purposes does not have a legitimate effect on interstate

commerce.

Efficiency of Medical Marijuana has been tested in several

states.

Tennessee– 27 patients had failed on other drug therapies, including

oral THC. Conclusion: 90.4% success for smoked cannabis; 66.7% for oral

THC. "We found both marijuana smoking and THC capsules to be effective antimetics. We found an approximate 23% higher success rate among those patients administered smoked marijuana.”

California– throughout the 1980s involved 90–100 patients a year.

Conclusion: Despite the bias towards oral THC, the California study concluded that smoked cannabis was more effective and established a safe dosage regimen that minimized adverse side effects.