Posts tagged ‘Gonzales v. Raich’

March 22, 2011

Gonzales v. Raich in regards to Medical Marijuana

Dear Mr. Shaw:

Thank you for contacting me regarding medical marijuana.

On June 6, 2005, the Supreme Court ruled in Gonzales v. Raich that Federal laws supersede state medical marijuana laws since Congress has the power to regulate interstate commerce. In the majority opinion, Justice Stevens wrote, “limiting the activity to marijuana possession and cultivation ‘in accordance with state law’ cannot serve to place respondents’ activities beyond congressional reach.”

As you may know, marijuana is defined as a schedule I narcotic, meaning medical professionals cannot prescribe cannabis. However, tetraydracannabinol (THC), the ingredient that has been found to help medical patients, is available in Marinol. Marinol is a schedule II narcotic that can be prescribed by doctors.

Please know that I will keep your views in mind should this issue come before the Senate. Your communication helps me better serve you in the Senate.